As Re-reported by the Senate Judiciary--Criminal Justice Committee

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


SENATORS Oelslager, Mead

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 4508.09,99
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 4508.09,186
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, 1547.69, or 1547.92 of the653
Revised Code or a rule adopted under division (A)(2) of section654
1547.52 of the Revised Code is guilty of a misdemeanor of the655
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 March23,704
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 five years of the date1437
of the violation charged, has not been convicted of or pleaded1438
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 five years of the date1457
of the violation charged, has not been convicted of or pleaded1458
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 five years of the violation charged, has been convicted of1478
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 five years of the violation charged, has been convicted of1484
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;1732

       (3) Suspend or revoke the driver's license, probationary1733
driver's license, or temporary instruction permit issued to the1734
child for a period of time prescribed by the court and suspend or1735
revoke the registration of all motor vehicles registered in the1736
name of the child for a period of time prescribed by the court. A1737
child whose license or permit is so suspended or revoked is1738
ineligible for issuance of a license or permit during the period1739
of suspension or revocation. At the end of the period of1740
suspension or revocation, the child shall not be reissued a1741
license or permit until the child has paid any applicable1742
reinstatement fee and complied with all requirements governing1743
license reinstatement.1744

       (4) Commit the child to the temporary or permanent custody1745
of the court;1746

       (5) Make any further disposition the court finds proper that1747
is consistent with sections 2151.312 and 2151.56 to 2151.61 of the1748
Revised Code;1749

       (6) If, after making a disposition under division (A)(1),1750
(2), or (3) of this section, the court finds upon further hearing1751
that the child is not amenable to treatment or rehabilitation1752
under that disposition, make a disposition otherwise authorized1753
under divisions (A)(1), (3), (4), and (7) of section 2152.19 of1754
the Revised Code that is consistent with sections 2151.312 and1755
2151.56 to 2151.61 of the Revised Code.1756

       (B) If a child is adjudicated an unruly child for committing1757
any act that, if committed by an adult, would be a drug abuse1758
offense, as defined in section 2925.01 of the Revised Code, or a1759
violation of division (B) of section 2917.11 of the Revised Code,1760
then, in addition to imposing, in its discretion, any other order1761
of disposition authorized by this section, the court shall do both1762
of the following:1763

       (1) Require the child to participate in a drug abuse or1764
alcohol abuse counseling program;1765

       (2) Suspend or revoke the temporary instruction permit,1766
probationary driver's license, or driver's license issued to the1767
child for a period of time prescribed by the court or, at the1768
discretion of the court, until. The court, in its discretion, may1769
terminate the suspension if the child attends and satisfactorily1770
completes a drug abuse or alcohol abuse education, intervention,1771
or treatment program specified by the court. During the time the1772
child is attending thea program as described in this division,1773
the court shall retain anythe child's temporary instruction1774
permit, probationary driver's license, or driver's license issued1775
to the child, and the court shall return the permit or license1776
when the child satisfactorily completes the programif it1777
terminates the suspension.1778

       (C)(1) If a child is adjudicated an unruly child for being1779
an habitual truant, in addition to or in lieu of imposing any1780
other order of disposition authorized by this section, the court1781
may do any of the following:1782

       (a) Order the board of education of the child's school1783
district or the governing board of the educational service center1784
in the child's school district to require the child to attend an1785
alternative school if an alternative school has been established1786
pursuant to section 3313.533 of the Revised Code in the school1787
district in which the child is entitled to attend school;1788

       (b) Require the child to participate in any academic program1789
or community service program;1790

       (c) Require the child to participate in a drug abuse or1791
alcohol abuse counseling program;1792

       (d) Require that the child receive appropriate medical or1793
psychological treatment or counseling;1794

       (e) Make any other order that the court finds proper to1795
address the child's habitual truancy, including an order requiring1796
the child to not be absent without legitimate excuse from the1797
public school the child is supposed to attend for five or more1798
consecutive days, seven or more school days in one school month,1799
or twelve or more school days in a school year and including an1800
order requiring the child to participate in a truancy prevention1801
mediation program.1802

       (2) If a child is adjudicated an unruly child for being an1803
habitual truant and the court determines that the parent,1804
guardian, or other person having care of the child has failed to1805
cause the child's attendance at school in violation of section1806
3321.38 of the Revised Code, in addition to any order of1807
disposition authorized by this section, all of the following1808
apply:1809

       (a) The court may require the parent, guardian, or other1810
person having care of the child to participate in any community1811
service program, preferably a community service program that1812
requires the involvement of the parent, guardian, or other person1813
having care of the child in the school attended by the child.1814

       (b) The court may require the parent, guardian, or other1815
person having care of the child to participate in a truancy1816
prevention mediation program.1817

       (c) The court shall warn the parent, guardian, or other1818
person having care of the child that any subsequent adjudication1819
of the child as an unruly or delinquent child for being an1820
habitual or chronic truant may result in a criminal charge against1821
the parent, guardian, or other person having care of the child for1822
a violation of division (C) of section 2919.21 or section 2919.241823
of the Revised Code.1824

       Sec. 2152.19.  (A) If a child is adjudicated a delinquent1825
child, the court may make any of the following orders of1826
disposition, in addition to any other disposition authorized or1827
required by this chapter:1828

       (1) Any order that is authorized by section 2151.353 of the1829
Revised Code for the care and protection of an abused, neglected,1830
or dependent child.1831

       (2) Commit the child to the temporary custody of any school,1832
camp, institution, or other facility operated for the care of1833
delinquent children by the county, by a district organized under1834
section 2152.41 or 2151.65 of the Revised Code, or by a private1835
agency or organization, within or without the state, that is1836
authorized and qualified to provide the care, treatment, or1837
placement required;1838

       (3) Place the child on community control under any1839
sanctions, services, and conditions that the court prescribes. As1840
a condition of community control in every case and in addition to1841
any other condition that it imposes upon the child, the court1842
shall require the child to abide by the law during the period of1843
community control. As referred to in this division, community1844
control includes, but is not limited to, the following sanctions1845
and conditions:1846

       (a) A period of basic probation supervision in which the1847
child is required to maintain contact with a person appointed to1848
supervise the child in accordance with sanctions imposed by the1849
court;1850

       (b) A period of intensive probation supervision in which the1851
child is required to maintain frequent contact with a person1852
appointed by the court to supervise the child while the child is1853
seeking or maintaining employment and participating in training,1854
education, and treatment programs as the order of disposition;1855

       (c) A period of day reporting in which the child is required1856
each day to report to and leave a center or another approved1857
reporting location at specified times in order to participate in1858
work, education or training, treatment, and other approved1859
programs at the center or outside the center;1860

       (d) A period of community service of up to five hundred1861
hours for an act that would be a felony or a misdemeanor of the1862
first degree if committed by an adult, up to two hundred hours for1863
an act that would be a misdemeanor of the second, third, or fourth1864
degree if committed by an adult, or up to thirty hours for an act1865
that would be a minor misdemeanor if committed by an adult;1866

       (e) A requirement that the child obtain a high school1867
diploma, a certificate of high school equivalence, vocational1868
training, or employment;1869

       (f) A period of drug and alcohol use monitoring;1870

       (g) A requirement of alcohol or drug assessment or1871
counseling, or a period in an alcohol or drug treatment program1872
with a level of security for the child as determined necessary by1873
the court;1874

       (h) A period in which the court orders the child to observe1875
a curfew that may involve daytime or evening hours;1876

       (i) A requirement that the child serve monitored time;1877

       (j) A period of house arrest with or without electronic1878
monitoring;1879

       (k) A period of electronic monitoring without house arrest or1880
electronically monitored house arrest that does not exceed the1881
maximum sentence of imprisonment that could be imposed upon an1882
adult who commits the same act.1883

       A period of electronically monitored house arrest imposed1884
under this division shall not extend beyond the child's1885
twenty-first birthday. If a court imposes a period of1886
electronically monitored house arrest upon a child under this1887
division, it shall require the child: to wear, otherwise have1888
attached to the child's person, or otherwise be subject to1889
monitoring by a certified electronic monitoring device or to1890
participate in the operation of and monitoring by a certified1891
electronic monitoring system; to remain in the child's home or1892
other specified premises for the entire period of electronically1893
monitored house arrest except when the court permits the child to1894
leave those premises to go to school or to other specified1895
premises; to be monitored by a central system that can determine1896
the child's location at designated times; to report periodically1897
to a person designated by the court; and to enter into a written1898
contract with the court agreeing to comply with all requirements1899
imposed by the court, agreeing to pay any fee imposed by the court1900
for the costs of the electronically monitored house arrest, and1901
agreeing to waive the right to receive credit for any time served1902
on electronically monitored house arrest toward the period of any1903
other dispositional order imposed upon the child if the child1904
violates any of the requirements of the dispositional order of1905
electronically monitored house arrest. The court also may impose1906
other reasonable requirements upon the child.1907

       Unless ordered by the court, a child shall not receive credit1908
for any time served on electronically monitored house arrest1909
toward any other dispositional order imposed upon the child for1910
the act for which was imposed the dispositional order of1911
electronically monitored house arrest.1912

       (l) A suspension of the driver's license, probationary1913
driver's license, or temporary instruction permit issued to the1914
child for a period of time prescribed by the court, or a1915
suspension of the registration of all motor vehicles registered in1916
the name of the child for a period of time prescribed by the1917
court. A child whose license or permit is so suspended is1918
ineligible for issuance of a license or permit during the period1919
of suspension. At the end of the period of suspension, the child1920
shall not be reissued a license or permit until the child has paid1921
any applicable reinstatement fee and complied with all1922
requirements governing license reinstatement.1923

       (4) Commit the child to the custody of the court;1924

       (5) Require the child to not be absent without legitimate1925
excuse from the public school the child is supposed to attend for1926
five or more consecutive days, seven or more school days in one1927
school month, or twelve or more school days in a school year;1928

       (6)(a) If a child is adjudicated a delinquent child for1929
being a chronic truant or an habitual truant who previously has1930
been adjudicated an unruly child for being a habitual truant, do1931
either or both of the following:1932

       (i) Require the child to participate in a truancy prevention1933
mediation program;1934

       (ii) Make any order of disposition as authorized by this1935
section, except that the court shall not commit the child to a1936
facility described in division (A)(2) of this section unless the1937
court determines that the child violated a lawful court order made1938
pursuant to division (C)(1)(e) of section 2151.354 of the Revised1939
Code or division (A)(5) of this section.1940

       (b) If a child is adjudicated a delinquent child for being a1941
chronic truant or a habitual truant who previously has been1942
adjudicated an unruly child for being a habitual truant and the1943
court determines that the parent, guardian, or other person having1944
care of the child has failed to cause the child's attendance at1945
school in violation of section 3321.38 of the Revised Code, do1946
either or both of the following:1947

       (i) Require the parent, guardian, or other person having1948
care of the child to participate in a truancy prevention mediation1949
program;1950

       (ii) Require the parent, guardian, or other person having1951
care of the child to participate in any community service program,1952
preferably a community service program that requires the1953
involvement of the parent, guardian, or other person having care1954
of the child in the school attended by the child.1955

       (7) Make any further disposition that the court finds1956
proper, except that the child shall not be placed in any of the1957
following:1958

       (a) A state correctional institution, a county, multicounty,1959
or municipal jail or workhouse, or another place in which an adult1960
convicted of a crime, under arrest, or charged with a crime is1961
held;1962

       (b) A community corrections facility, if the child would be1963
covered by the definition of public safety beds for purposes of1964
sections 5139.41 to 5139.45 of the Revised Code if the court1965
exercised its authority to commit the child to the legal custody1966
of the department of youth services for institutionalization or1967
institutionalization in a secure facility pursuant to this1968
chapter.1969

       (B) If a child is adjudicated a delinquent child, in1970
addition to any order of disposition made under division (A) of1971
this section, the court, in the following situations and for the1972
specified periods of time, shall suspend the child's temporary1973
instruction permit, restricted license, probationary driver's1974
license, or nonresident operating privilege, or suspend the1975
child's ability to obtain such a permit:1976

       (1) TheIf the child is adjudicated a delinquent child for1977
violating section 2923.122 of the Revised Code, with the1978
suspension and denial beingimpose a class four suspension of the1979
child's license, permit, or privilege from the range specified in1980
division (A)(4) of section 4510.02 of the Revised Code or deny the1981
child the issuance of a license or permit in accordance with1982
division (E)(F)(1)(a), (c), (d), or (e) of section 2923.122 of the1983
Revised Code.1984

       (2) TheIf the child is adjudicated a delinquent child for1985
committing an act that if committed by an adult would be a drug1986
abuse offense or for violating division (B) of section 2917.11 of1987
the Revised Code, withsuspend the child's license, permit, or1988
privilege for a period of time prescribed by the court. The court,1989
in its discretion, may terminate the suspension continuing until1990
if the child attends and satisfactorily completes a drug abuse or1991
alcohol abuse education, intervention, or treatment program1992
specified by the court. During the time the child is attending1993
thea program as described in this division, the court shall1994
retain anythe child's temporary instruction permit, probationary1995
driver's license, or driver's license issued to the child, and the1996
court shall return the permit or license when the child1997
satisfactorily completes the programif it terminates the1998
suspension as described in this division.1999

       (C) The court may establish a victim-offender mediation2000
program in which victims and their offenders meet to discuss the2001
offense and suggest possible restitution. If the court obtains2002
the assent of the victim of the delinquent act committed by the2003
child, the court may require the child to participate in the2004
program.2005

       (D)(1) If a child is adjudicated a delinquent child for2006
committing an act that would be a felony if committed by an adult2007
and if the child caused, attempted to cause, threatened to cause,2008
or created a risk of physical harm to the victim of the act, the2009
court, prior to issuing an order of disposition under this2010
section, shall order the preparation of a victim impact statement2011
by the probation department of the county in which the victim of2012
the act resides, by the court's own probation department, or by a2013
victim assistance program that is operated by the state, a county,2014
a municipal corporation, or another governmental entity. The court2015
shall consider the victim impact statement in determining the2016
order of disposition to issue for the child.2017

       (2) Each victim impact statement shall identify the victim2018
of the act for which the child was adjudicated a delinquent child,2019
itemize any economic loss suffered by the victim as a result of2020
the act, identify any physical injury suffered by the victim as a2021
result of the act and the seriousness and permanence of the2022
injury, identify any change in the victim's personal welfare or2023
familial relationships as a result of the act and any2024
psychological impact experienced by the victim or the victim's2025
family as a result of the act, and contain any other information2026
related to the impact of the act upon the victim that the court2027
requires.2028

       (3) A victim impact statement shall be kept confidential and2029
is not a public record. However, the court may furnish copies of2030
the statement to the department of youth services if the2031
delinquent child is committed to the department or to both the2032
adjudicated delinquent child or the adjudicated delinquent child's2033
counsel and the prosecuting attorney. The copy of a victim impact2034
statement furnished by the court to the department pursuant to2035
this section shall be kept confidential and is not a public2036
record. The copies of a victim impact statement that are made2037
available to the adjudicated delinquent child or the adjudicated2038
delinquent child's counsel and the prosecuting attorney pursuant2039
to this division shall be returned to the court by the person to2040
whom they were made available immediately following the imposition2041
of an order of disposition for the child under this chapter.2042

       (4) The department of youth services shall work with local2043
probation departments and victim assistance programs to develop a2044
standard victim impact statement.2045

       (E) If a child is adjudicated a delinquent child for being a2046
chronic truant or an habitual truant who previously has been2047
adjudicated an unruly child for being an habitual truant and the2048
court determines that the parent, guardian, or other person having2049
care of the child has failed to cause the child's attendance at2050
school in violation of section 3321.38 of the Revised Code, in2051
addition to any order of disposition it makes under this section,2052
the court shall warn the parent, guardian, or other person having2053
care of the child that any subsequent adjudication of the child as2054
an unruly or delinquent child for being an habitual or chronic2055
truant may result in a criminal charge against the parent,2056
guardian, or other person having care of the child for a violation2057
of division (C) of section 2919.21 or section 2919.24 of the2058
Revised Code.2059

       (F)(1) During the period of a delinquent child's community2060
control granted under this section, authorized probation officers2061
who are engaged within the scope of their supervisory duties or2062
responsibilities may search, with or without a warrant, the person2063
of the delinquent child, the place of residence of the delinquent2064
child, and a motor vehicle, another item of tangible or intangible2065
personal property, or other real property in which the delinquent2066
child has a right, title, or interest or for which the delinquent2067
child has the express or implied permission of a person with a2068
right, title, or interest to use, occupy, or possess if the2069
probation officers have reasonable grounds to believe that the2070
delinquent child is not abiding by the law or otherwise is not2071
complying with the conditions of the delinquent child's community2072
control. The court that places a delinquent child on community2073
control under this section shall provide the delinquent child with2074
a written notice that informs the delinquent child that authorized2075
probation officers who are engaged within the scope of their2076
supervisory duties or responsibilities may conduct those types of2077
searches during the period of community control if they have2078
reasonable grounds to believe that the delinquent child is not2079
abiding by the law or otherwise is not complying with the2080
conditions of the delinquent child's community control. The court2081
also shall provide the written notice described in division (E)(2)2082
of this section to each parent, guardian, or custodian of the2083
delinquent child who is described in that division.2084

       (2) The court that places a child on community control under2085
this section shall provide the child's parent, guardian, or other2086
custodian with a written notice that informs them that authorized2087
probation officers may conduct searches pursuant to division2088
(E)(1) of this section. The notice shall specifically state that2089
a permissible search might extend to a motor vehicle, another item2090
of tangible or intangible personal property, or a place of2091
residence or other real property in which a notified parent,2092
guardian, or custodian has a right, title, or interest and that2093
the parent, guardian, or custodian expressly or impliedly permits2094
the child to use, occupy, or possess.2095

       (G) If a juvenile court commits a delinquent child to the2096
custody of any person, organization, or entity pursuant to this2097
section and if the delinquent act for which the child is so2098
committed is a sexually oriented offense, the court in the order2099
of disposition shall inform the person, organization, or entity2100
that it is the preferred course of action in this state that the2101
child be provided treatment as described in division (A)(2) of2102
section 5139.13 of the Revised Code and shall encourage the2103
person, organization, or entity to provide that treatment.2104

       Sec.  2152.21.  (A) Unless division (C) of this section2105
applies, if a child is adjudicated a juvenile traffic offender,2106
the court may make any of the following orders of disposition:2107

       (1) Impose costs and one or more financial sanctions in2108
accordance with section 2152.20 of the Revised Code;2109

       (2) Suspend the child's driver's license, probationary2110
driver's license, or temporary instruction permit for a definite2111
period not exceeding two years or suspend the registration of all2112
motor vehicles registered in the name of the child for a definite2113
period not exceeding two years. A child whose license or permit2114
is so suspended is ineligible for issuance of a license or permit2115
during the period of suspension. At the end of the period of2116
suspension, the child shall not be reissued a license or permit2117
until the child has paid any applicable reinstatement fee and2118
complied with all requirements governing license reinstatement.2119

       (3) Place the child on community control;2120

       (4) Require the child to make restitution for all damages2121
caused by the child's traffic violation;2122

       (5)(a) If the child is adjudicated a juvenile traffic2123
offender for committing a violation of division (A) of section2124
4511.19 of the Revised Code or of a municipal ordinance that is2125
substantially equivalent to that division, commit the child, for2126
not longer than five days, to either of the following:2127

       (i) To theThe temporary custody of a detention facility or2128
district detention facility established under section 2152.41 of2129
the Revised Code;2130

       (ii) To theThe temporary custody of any school, camp,2131
institution, or other facility for children operated in whole or2132
in part for the care of juvenile traffic offenders of that nature2133
by the county, by a district organized under section 2152.41 or2134
2151.65 of the Revised Code, or by a private agency or2135
organization within the state that is authorized and qualified to2136
provide the care, treatment, or placement required.2137

       (b) If an order of disposition committing a child to the2138
temporary custody of a home, school, camp, institution, or other2139
facility of that nature is made under division (A)(5)(a) of this2140
section, the length of the commitment shall not be reduced or2141
diminished as a credit for any time that the child was held in a2142
place of detention or shelter care, or otherwise was detained,2143
prior to entry of the order of disposition.2144

       (6) If, after making a disposition under divisions (A)(1) to2145
(5) of this section, the court finds upon further hearing that the2146
child has failed to comply with the orders of the court and the2147
child's operation of a motor vehicle constitutes the child a2148
danger to the child and to others, the court may make any2149
disposition authorized by divisions (A)(1), (3), (4), and (7) of2150
section 2152.19 of the Revised Code, except that the child may2151
not be committed to or placed in a secure correctional facility2152
unless authorized by division (A)(5) of this section, and2153
commitment to or placement in a detention facility may not exceed2154
twenty-four hours.2155

       (B) If a child is adjudicated a juvenile traffic offender2156
for violating division (A) or (B) of section 4511.19 of the2157
Revised Code, in addition to any order of disposition made under2158
division (A) of this section, the court shall suspendimpose a2159
class six suspension of the temporary instruction permit,2160
probationary driver's license, or driver's license issued to the2161
child for a definite period of at least three months but not more2162
than two years or, at the discretion of the court, untilfrom the2163
range specified in division (A)(6) of section 4510.02 of the2164
Revised Code. The court, in its discretion, may terminate the2165
suspension if the child attends and satisfactorily completes a2166
drug abuse or alcohol abuse education, intervention, or treatment2167
program specified by the court. During the time the child is2168
attending thea program as described in this division, the court2169
shall retain anythe child's temporary instruction permit,2170
probationary driver's license, or driver's license issued to the2171
child, and the court shall return the permit or license when the2172
child satisfactorily completes the programif it terminates the2173
suspension as described in this division.2174

       (C) If a child is adjudicated a juvenile traffic offender2175
for violating division (B)(1) or (2) of section 4513.263 of the2176
Revised Code, the court shall impose the appropriate fine set2177
forth in division (G) of that section 4513.99 of the Revised Code.2178
If a child is adjudicated a juvenile traffic offender for2179
violating division (B)(3) of section 4513.263 of the Revised Code2180
and if the child is sixteen years of age or older, the court shall2181
impose the fine set forth in division (G)(2) of that section2182
4513.99 of the Revised Code. If a child is adjudicated a juvenile2183
traffic offender for violating division (B)(3) of section 4513.2632184
of the Revised Code and if the child is under sixteen years of2185
age, the court shall not impose a fine but may place the child on2186
probation or community control.2187

       (D) A juvenile traffic offender is subject to sections2188
4509.01 to 4509.78 of the Revised Code.2189

       Sec. 2743.191.  (A) There is hereby created in the state2190
treasury the reparations fund, which shall be used only for the2191
payment of awards of reparations that are granted by the attorney2192
general, the compensation of any personnel needed by the attorney2193
general to administer sections 2743.51 to 2743.72 of the Revised2194
Code, the compensation of witnesses as provided in division (B) of2195
section 2743.65 of the Revised Code, other administrative costs of2196
hearing and determining claims for an award of reparations by the2197
attorney general, the costs of administering sections 2907.28 and2198
2969.01 to 2969.06 of the Revised Code, the costs of investigation2199
and decision-making as certified by the attorney general, the2200
provision of state financial assistance to victim assistance2201
programs in accordance with sections 109.91 and 109.92 of the2202
Revised Code, the costs of paying the expenses of sex2203
offense-related examinations and antibiotics pursuant to section2204
2907.28 of the Revised Code, the cost of printing and distributing2205
the pamphlet prepared by the attorney general pursuant to section2206
109.42 of the Revised Code, and, subject to division (D) of2207
section 2743.71 of the Revised Code, the costs associated with the2208
printing and providing of information cards or other printed2209
materials to law enforcement agencies and prosecuting authorities2210
and with publicizing the availability of awards of reparations2211
pursuant to section 2743.71 of the Revised Code. All costs paid2212
pursuant to section 2743.70 of the Revised Code, the portions of2213
license reinstatement fees mandated by division (L)(F)(2)(b) of2214
section 4511.191 of the Revised Code to be credited to the fund,2215
the portions of the proceeds of the sale of a forfeited vehicle2216
specified in division (D)(C)(2) of section 4503.234 of the Revised2217
Code, payments collected by the department of rehabilitation and2218
correction from prisoners who voluntarily participate in an2219
approved work and training program pursuant to division2220
(C)(8)(b)(ii) of section 5145.16 of the Revised Code, and all2221
moneys collected by the state pursuant to its right of subrogation2222
provided in section 2743.72 of the Revised Code shall be deposited2223
in the fund.2224

       (B) In making an award of reparations, the attorney general2225
shall render the award against the state. The award shall be2226
accomplished only through the following procedure, and the2227
following procedure may be enforced by writ of mandamus directed2228
to the appropriate official:2229

       (1) The attorney general shall provide for payment of the2230
claimant or providers in the amount of the award.2231

       (2) The expense shall be charged against all available2232
unencumbered moneys in the fund.2233

       (3) If sufficient unencumbered moneys do not exist in the2234
fund, the attorney general shall make application for payment of2235
the award out of the emergency purposes account or any other2236
appropriation for emergencies or contingencies, and payment out of2237
this account or other appropriation shall be authorized if there2238
are sufficient moneys greater than the sum total of then pending2239
emergency purposes account requests or requests for releases from2240
the other appropriations.2241

       (4) If sufficient moneys do not exist in the account or any2242
other appropriation for emergencies or contingencies to pay the2243
award, the attorney general shall request the general assembly to2244
make an appropriation sufficient to pay the award, and no payment2245
shall be made until the appropriation has been made. The attorney2246
general shall make this appropriation request during the current2247
biennium and during each succeeding biennium until a sufficient2248
appropriation is made. If, prior to the time that an2249
appropriation is made by the general assembly pursuant to this2250
division, the fund has sufficient unencumbered funds to pay the2251
award or part of the award, the available funds shall be used to2252
pay the award or part of the award, and the appropriation request2253
shall be amended to request only sufficient funds to pay that part2254
of the award that is unpaid.2255

       (C) The attorney general shall not make payment on a2256
decision or order granting an award until all appeals have been2257
determined and all rights to appeal exhausted, except as otherwise2258
provided in this section. If any party to a claim for an award of2259
reparations appeals from only a portion of an award, and a2260
remaining portion provides for the payment of money by the state,2261
that part of the award calling for the payment of money by the2262
state and not a subject of the appeal shall be processed for2263
payment as described in this section.2264

       (D) The attorney general shall prepare itemized bills for2265
the costs of printing and distributing the pamphlet the attorney2266
general prepares pursuant to section 109.42 of the Revised Code.2267
The itemized bills shall set forth the name and address of the2268
persons owed the amounts set forth in them.2269

       Sec. 2743.51.  As used in sections 2743.51 to 2743.72 of the2270
Revised Code:2271

       (A) "Claimant" means both of the following categories of2272
persons:2273

       (1) Any of the following persons who claim an award of2274
reparations under sections 2743.51 to 2743.72 of the Revised Code:2275

       (a) A victim who was one of the following at the time of the2276
criminally injurious conduct:2277

       (i) A resident of the United States;2278

       (ii) A resident of a foreign country the laws of which2279
permit residents of this state to recover compensation as victims2280
of offenses committed in that country.2281

       (b) A dependent of a deceased victim who is described in2282
division (A)(1)(a) of this section;2283

       (c) A third person, other than a collateral source, who2284
legally assumes or voluntarily pays the obligations of a victim,2285
or of a dependent of a victim, who is described in division2286
(A)(1)(a) of this section, which obligations are incurred as a2287
result of the criminally injurious conduct that is the subject of2288
the claim and may include, but are not limited to, medical or2289
burial expenses;2290

       (d) A person who is authorized to act on behalf of any2291
person who is described in division (A)(1)(a), (b), or (c) of this2292
section.2293

       (2) Any of the following persons who claim an award of2294
reparations under sections 2743.51 to 2743.72 of the Revised Code:2295

       (a) A victim who had a permanent place of residence within2296
this state at the time of the criminally injurious conduct and2297
who, at the time of the criminally injurious conduct, complied2298
with any one of the following:2299

       (i) Had a permanent place of employment in this state;2300

       (ii) Was a member of the regular armed forces of the United2301
States or of the United States coast guard or was a full-time2302
member of the Ohio organized militia or of the United States army2303
reserve, naval reserve, or air force reserve;2304

       (iii) Was retired and receiving social security or any other2305
retirement income;2306

       (iv) Was sixty years of age or older;2307

       (v) Was temporarily in another state for the purpose of2308
receiving medical treatment;2309

       (vi) Was temporarily in another state for the purpose of2310
performing employment-related duties required by an employer2311
located within this state as an express condition of employment or2312
employee benefits;2313

       (vii) Was temporarily in another state for the purpose of2314
receiving occupational, vocational, or other job-related training2315
or instruction required by an employer located within this state2316
as an express condition of employment or employee benefits;2317

       (viii) Was a full-time student at an academic institution,2318
college, or university located in another state;2319

       (ix) Had not departed the geographical boundaries of this2320
state for a period exceeding thirty days or with the intention of2321
becoming a citizen of another state or establishing a permanent2322
place of residence in another state.2323

       (b) A dependent of a deceased victim who is described in2324
division (A)(2)(a) of this section;2325

       (c) A third person, other than a collateral source, who2326
legally assumes or voluntarily pays the obligations of a victim,2327
or of a dependent of a victim, who is described in division2328
(A)(2)(a) of this section, which obligations are incurred as a2329
result of the criminally injurious conduct that is the subject of2330
the claim and may include, but are not limited to, medical or2331
burial expenses;2332

       (d) A person who is authorized to act on behalf of any2333
person who is described in division (A)(2)(a), (b), or (c) of this2334
section.2335

       (B) "Collateral source" means a source of benefits or2336
advantages for economic loss otherwise reparable that the victim2337
or claimant has received, or that is readily available to the2338
victim or claimant, from any of the following sources:2339

       (1) The offender;2340

       (2) The government of the United States or any of its2341
agencies, a state or any of its political subdivisions, or an2342
instrumentality of two or more states, unless the law providing2343
for the benefits or advantages makes them excess or secondary to2344
benefits under sections 2743.51 to 2743.72 of the Revised Code;2345

       (3) Social security, medicare, and medicaid;2346

       (4) State-required, temporary, nonoccupational disability2347
insurance;2348

       (5) Workers' compensation;2349

       (6) Wage continuation programs of any employer;2350

       (7) Proceeds of a contract of insurance payable to the2351
victim for loss that the victim sustained because of the2352
criminally injurious conduct;2353

       (8) A contract providing prepaid hospital and other health2354
care services, or benefits for disability;2355

       (9) That portion of the proceeds of all contracts of2356
insurance payable to the claimant on account of the death of the2357
victim that exceeds fifty thousand dollars;2358

       (10) Any compensation recovered or recoverable under the2359
laws of another state, district, territory, or foreign country2360
because the victim was the victim of an offense committed in that2361
state, district, territory, or country.2362

       "Collateral source" does not include any money, or the2363
monetary value of any property, that is subject to sections2364
2969.01 to 2969.06 of the Revised Code.2365

       (C) "Criminally injurious conduct" means one of the2366
following:2367

       (1) For the purposes of any person described in division2368
(A)(1) of this section, any conduct that occurs or is attempted in2369
this state; poses a substantial threat of personal injury or2370
death; and is punishable by fine, imprisonment, or death, or would2371
be so punishable but for the fact that the person engaging in the2372
conduct lacked capacity to commit the crime under the laws of this2373
state. Criminally injurious conduct does not include conduct2374
arising out of the ownership, maintenance, or use of a motor2375
vehicle, except when any of the following applies:2376

       (a) The person engaging in the conduct intended to cause2377
personal injury or death;2378

       (b) The person engaging in the conduct was using the vehicle2379
to flee immediately after committing a felony or an act that would2380
constitute a felony but for the fact that the person engaging in2381
the conduct lacked the capacity to commit the felony under the2382
laws of this state;2383

       (c) The person engaging in the conduct was using the vehicle2384
in a manner that constitutes an OMVIOVI violation;2385

       (d) The conduct occurred on or after July 25, 1990, and the2386
person engaging in the conduct was using the vehicle in a manner2387
that constitutes a violation of section 2903.08 of the Revised2388
Code.2389

       (2) For the purposes of any person described in division2390
(A)(2) of this section, any conduct that occurs or is attempted in2391
another state, district, territory, or foreign country; poses a2392
substantial threat of personal injury or death; and is punishable2393
by fine, imprisonment, or death, or would be so punishable but for2394
the fact that the person engaging in the conduct lacked capacity2395
to commit the crime under the laws of the state, district,2396
territory, or foreign country in which the conduct occurred or was2397
attempted. Criminally injurious conduct does not include conduct2398
arising out of the ownership, maintenance, or use of a motor2399
vehicle, except when any of the following applies:2400

       (a) The person engaging in the conduct intended to cause2401
personal injury or death;2402

       (b) The person engaging in the conduct was using the vehicle2403
to flee immediately after committing a felony or an act that would2404
constitute a felony but for the fact that the person engaging in2405
the conduct lacked the capacity to commit the felony under the2406
laws of the state, district, territory, or foreign country in2407
which the conduct occurred or was attempted;2408

       (c) The person engaging in the conduct was using the vehicle2409
in a manner that constitutes an OMVIOVI violation;2410

       (d) The conduct occurred on or after July 25, 1990, the2411
person engaging in the conduct was using the vehicle in a manner2412
that constitutes a violation of any law of the state, district,2413
territory, or foreign country in which the conduct occurred, and2414
that law is substantially similar to a violation of section2415
2903.08 of the Revised Code.2416

       (3) For the purposes of any person described in division2417
(A)(1) or (2) of this section, terrorism that occurs within or2418
outside the territorial jurisdiction of the United States.2419

       (D) "Dependent" means an individual wholly or partially2420
dependent upon the victim for care and support, and includes a2421
child of the victim born after the victim's death.2422

       (E) "Economic loss" means economic detriment consisting only2423
of allowable expense, work loss, funeral expense, unemployment2424
benefits loss, replacement services loss, cost of crime scene2425
cleanup, and cost of evidence replacement. If criminally2426
injurious conduct causes death, economic loss includes a2427
dependent's economic loss and a dependent's replacement services2428
loss. Noneconomic detriment is not economic loss; however,2429
economic loss may be caused by pain and suffering or physical2430
impairment.2431

       (F)(1) "Allowable expense" means reasonable charges incurred2432
for reasonably needed products, services, and accommodations,2433
including those for medical care, rehabilitation, rehabilitative2434
occupational training, and other remedial treatment and care and2435
including replacement costs for eyeglasses and other corrective2436
lenses. It does not include that portion of a charge for a room2437
in a hospital, clinic, convalescent home, nursing home, or any2438
other institution engaged in providing nursing care and related2439
services in excess of a reasonable and customary charge for2440
semiprivate accommodations, unless accommodations other than2441
semiprivate accommodations are medically required.2442

       (2) An immediate family member of a victim of criminally2443
injurious conduct that consists of a homicide, a sexual assault,2444
domestic violence, or a severe and permanent incapacitating injury2445
resulting in paraplegia or a similar life-altering condition, who2446
requires psychiatric care or counseling as a result of the2447
criminally injurious conduct, may be reimbursed for that care or2448
counseling as an allowable expense through the victim's2449
application. The cumulative allowable expense for care or2450
counseling of that nature for each family member of a victim of2451
that type shall not exceed two thousand five hundred dollars.2452

       (G) "Work loss" means loss of income from work that the2453
injured person would have performed if the person had not been2454
injured and expenses reasonably incurred by the person to obtain2455
services in lieu of those the person would have performed for2456
income, reduced by any income from substitute work actually2457
performed by the person, or by income the person would have earned2458
in available appropriate substitute work that the person was2459
capable of performing but unreasonably failed to undertake.2460

       (H) "Replacement services loss" means expenses reasonably2461
incurred in obtaining ordinary and necessary services in lieu of2462
those the injured person would have performed, not for income, but2463
for the benefit of the person's self or family, if the person had2464
not been injured.2465

       (I) "Dependent's economic loss" means loss after a victim's2466
death of contributions of things of economic value to the victim's2467
dependents, not including services they would have received from2468
the victim if the victim had not suffered the fatal injury, less2469
expenses of the dependents avoided by reason of the victim's2470
death. If a minor child of a victim is adopted after the victim's2471
death, the minor child continues after the adoption to incur a2472
dependent's economic loss as a result of the victim's death. If2473
the surviving spouse of a victim remarries, the surviving spouse2474
continues after the remarriage to incur a dependent's economic2475
loss as a result of the victim's death.2476

       (J) "Dependent's replacement services loss" means loss2477
reasonably incurred by dependents after a victim's death in2478
obtaining ordinary and necessary services in lieu of those the2479
victim would have performed for their benefit if the victim had2480
not suffered the fatal injury, less expenses of the dependents2481
avoided by reason of the victim's death and not subtracted in2482
calculating the dependent's economic loss. If a minor child of a2483
victim is adopted after the victim's death, the minor child2484
continues after the adoption to incur a dependent's replacement2485
services loss as a result of the victim's death. If the surviving2486
spouse of a victim remarries, the surviving spouse continues after2487
the remarriage to incur a dependent's replacement services loss as2488
a result of the victim's death.2489

       (K) "Noneconomic detriment" means pain, suffering,2490
inconvenience, physical impairment, or other nonpecuniary damage.2491

       (L) "Victim" means a person who suffers personal injury or2492
death as a result of any of the following:2493

       (1) Criminally injurious conduct;2494

       (2) The good faith effort of any person to prevent2495
criminally injurious conduct;2496

       (3) The good faith effort of any person to apprehend a2497
person suspected of engaging in criminally injurious conduct.2498

       (M) "Contributory misconduct" means any conduct of the2499
claimant or of the victim through whom the claimant claims an2500
award of reparations that is unlawful or intentionally tortious2501
and that, without regard to the conduct's proximity in time or2502
space to the criminally injurious conduct, has a causal2503
relationship to the criminally injurious conduct that is the basis2504
of the claim.2505

       (N) "Funeral expense" means any reasonable charges that are2506
not in excess of five thousand dollars per funeral and that are2507
incurred for expenses directly related to a victim's funeral,2508
cremation, or burial.2509

       (O) "Unemployment benefits loss" means a loss of unemployment2510
benefits pursuant to Chapter 4141. of the Revised Code when the2511
loss arises solely from the inability of a victim to meet the able2512
to work, available for suitable work, or the actively seeking2513
suitable work requirements of division (A)(4)(a) of section2514
4141.29 of the Revised Code.2515

       (P) "OMVIOVI violation" means any of the following:2516

       (1) A violation of section 4511.19 of the Revised Code, of2517
any municipal ordinance prohibiting the operation of a vehicle2518
while under the influence of alcohol, a drug of abuse, or alcohol2519
and a drug of abusecombination of them, or of any municipal2520
ordinance prohibiting the operation of a vehicle with a prohibited2521
concentration of alcohol in the whole blood, blood serum or2522
plasma, breath, or urine;2523

       (2) A violation of division (A)(1) of section 2903.06 of the2524
Revised Code;2525

       (3) A violation of division (A)(2), (3), or (4) of section2526
2903.06 of the Revised Code or of a municipal ordinance2527
substantially similar to any of those divisions, if the offender2528
was under the influence of alcohol, a drug of abuse, or alcohol2529
and a drug of abusecombination of them, at the time of the2530
commission of the offense;2531

       (4) For purposes of any person described in division (A)(2)2532
of this section, a violation of any law of the state, district,2533
territory, or foreign country in which the criminally injurious2534
conduct occurred, if that law is substantially similar to a2535
violation described in division (P)(1) or (2) of this section or2536
if that law is substantially similar to a violation described in2537
division (P)(3) of this section and the offender was under the2538
influence of alcohol, a drug of abuse, or alcohol and a drug of2539
abusecombination of them, at the time of the commission of the2540
offense.2541

       (Q) "Pendency of the claim" for an original reparations2542
application or supplemental reparations application means the2543
period of time from the date the criminally injurious conduct upon2544
which the application is based occurred until the date a final2545
decision, order, or judgment concerning that original reparations2546
application or supplemental reparations application is issued.2547

       (R) "Terrorism" means any activity to which all of the2548
following apply:2549

       (1) The activity involves a violent act or an act that is2550
dangerous to human life.2551

       (2) The act described in division (R)(1) of this section is2552
committed within the territorial jurisdiction of the United States2553
and is a violation of the criminal laws of the United States, this2554
state, or any other state or the act described in division (R)(1)2555
of this section is committed outside the territorial jurisdiction2556
of the United States and would be a violation of the criminal laws2557
of the United States, this state, or any other state if committed2558
within the territorial jurisdiction of the United States.2559

       (3) The activity appears to be intended to do any of the2560
following:2561

       (a) Intimidate or coerce a civilian population;2562

       (b) Influence the policy of any government by intimidation2563
or coercion;2564

       (c) Affect the conduct of any government by assassination or2565
kidnapping.2566

       (4) The activity occurs primarily outside the territorial2567
jurisdiction of the United States or transcends the national2568
boundaries of the United States in terms of the means by which the2569
activity is accomplished, the person or persons that the activity2570
appears intended to intimidate or coerce, or the area or locale in2571
which the perpetrator or perpetrators of the activity operate or2572
seek asylum.2573

       (S) "Transcends the national boundaries of the United States"2574
means occurring outside the territorial jurisdiction of the United2575
States in addition to occurring within the territorial2576
jurisdiction of the United States.2577

       (T) "Cost of crime scene cleanup" means reasonable and2578
necessary costs of cleaning the scene where the criminally2579
injurious conduct occurred, not to exceed seven hundred fifty2580
dollars in the aggregate per claim.2581

       (U) "Cost of evidence replacement" means costs for2582
replacement of property confiscated for evidentiary purposes2583
related to the criminally injurious conduct, not to exceed seven2584
hundred fifty dollars in the aggregate per claim.2585

       (V) "Provider" means any person who provides a victim or2586
claimant with a product, service, or accommodations that are an2587
allowable expense or a funeral expense.2588

       (W) "Immediate family member" means an individual who is2589
related to a victim within the first degree by affinity or2590
consanguinity.2591

       Sec. 2743.52.  (A) The attorney general shall make awards of2592
reparations for economic loss arising from criminally injurious2593
conduct, if satisfied by a preponderance of the evidence that the2594
requirements for an award of reparations have been met.2595

       (B) A court of claims panel of commissioners or a judge of2596
the court of claims has appellate jurisdiction to order awards of2597
reparations for economic loss arising from criminally injurious2598
conduct, if satisfied by a preponderance of the evidence that the2599
requirements for an award of reparations have been met.2600

       (C) A decision of the attorney general, an order of a court2601
of claims panel of commissioners, or the judgment of a judge of2602
the court of claims concerning an OMVIOVI violation shall not be2603
used as the basis for any civil or criminal action and shall not2604
be admissible as evidence in any civil or criminal proceeding.2605

       Sec. 2903.04.  (A) No person shall cause the death of2606
another or the unlawful termination of another's pregnancy as a2607
proximate result of the offender's committing or attempting to2608
commit a felony.2609

       (B) No person shall cause the death of another or the2610
unlawful termination of another's pregnancy as a proximate result2611
of the offender's committing or attempting to commit a misdemeanor2612
of any degree, a regulatory offense, or a minor misdemeanor other2613
than a violation of any section contained in Title XLV of the2614
Revised Code that is a minor misdemeanor and other than a2615
violation of an ordinance of a municipal corporation that,2616
regardless of the penalty set by ordinance for the violation, is2617
substantially equivalent to any section contained in Title XLV of2618
the Revised Code that is a minor misdemeanor.2619

       (C) Whoever violates this section is guilty of involuntary2620
manslaughter. Violation of division (A) of this section is a2621
felony of the first degree. Violation of division (B) of this2622
section is a felony of the third degree.2623

       (D) If an offender is convicted of or pleads guilty to a2624
violation of division (A) or (B) of this section and if the2625
felony, misdemeanor, or regulatory offense that the offender2626
committed or attempted to commit, that proximately resulted in the2627
death of the other person or the unlawful termination of another's2628
pregnancy, and that is the basis of the offender's violation of2629
division (A) or (B) of this section was a violation of division2630
(A) or (B) of section 4511.19 of the Revised Code or of a2631
substantially equivalent municipal ordinance or included, as an2632
element of that felony, misdemeanor, or regulatory offense, the2633
offender's operation or participation in the operation of a2634
snowmobile, locomotive, watercraft, or aircraft while the offender2635
was under the influence of alcohol, a drug of abuse, or alcohol2636
and a drug of abuse, both of the following apply:2637

       (1) The court shall permanently revokeimpose a class one2638
suspension of the offender's driver's or commercial driver's2639
license or permit or nonresident operating privilege pursuant to2640
as specified in division (A)(1) of section 4507.164510.02 of the2641
Revised Code.2642

       (2) The court shall impose a mandatory prison term for the2643
violation of division (A) or (B) of this section from the range of2644
prison terms authorized for the level of the offense under section2645
2929.14 of the Revised Code.2646

       Sec. 2903.06.  (A) No person, while operating or2647
participating in the operation of a motor vehicle, motorcycle,2648
snowmobile, locomotive, watercraft, or aircraft, shall cause the2649
death of another or the unlawful termination of another's2650
pregnancy in any of the following ways:2651

       (1) As the proximate result of committing a violation of2652
division (A) of section 4511.19 of the Revised Code or of a2653
substantially equivalent municipal ordinance;2654

       (2) Recklessly;2655

       (3) Negligently;2656

       (4) As the proximate result of committing a violation of any2657
provision of any section contained in Title XLV of the Revised2658
Code that is a minor misdemeanor or of a municipal ordinance that,2659
regardless of the penalty set by ordinance for the violation, is2660
substantially equivalent to any provision of any section contained2661
in Title XLV of the Revised Code that is a minor misdemeanor.2662

       (B)(1) Whoever violates division (A)(1) or (2) of this2663
section is guilty of aggravated vehicular homicide and shall be2664
punished as provided in divisions (B)(1)(a) and (b) of this2665
section.2666

       (a) Except as otherwise provided in this division,2667
aggravated vehicular homicide committed in violation of division2668
(A)(1) of this section is a felony of the second degree. 2669
Aggravated vehicular homicide committed in violation of division2670
(A)(1) of this section is a felony of the first degree if, at the2671
time of the offense, the offender was driving under a suspension2672
imposed under Chapter 4507.4510. or any other provision of the2673
Revised Code or if the offender previously has been convicted of2674
or pleaded guilty to a violation of this section; any2675
traffic-related homicide, manslaughter, or assault offense; three2676
prior violations of section 4511.19 of the Revised Code or of a2677
substantially equivalent municipal ordinance within the previous2678
six years; or a second or subsequent felony violation of division2679
(A) of section 4511.19 of the Revised Code.2680

       In addition to any other sanctions imposed, the court shall2681
permanently revokeimpose upon the offender a class one suspension2682
of the offender's driver's license, commercial driver's license,2683
temporary instruction permit, probationary license, or nonresident2684
operating privilege pursuant toas specified in division (A)(1) of2685
section 4507.164510.02 of the Revised Code.2686

       (b) Except as otherwise provided in this division,2687
aggravated vehicular homicide committed in violation of division2688
(A)(2) of this section is a felony of the third degree. Aggravated2689
vehicular homicide committed in violation of division (A)(2) of2690
this section is a felony of the second degree if, at the time of2691
the offense, the offender was driving under a suspension imposed2692
under Chapter 4507. of the Revised Code4510. or any other2693
provision of the Revised Code or if the offender previously has2694
been convicted of or pleaded guilty to a violation of this section2695
or any traffic-related homicide, manslaughter, or assault offense.2696

       In addition to any other sanctions imposed, the court shall2697
suspendimpose upon the offender a class two suspension of the2698
offender's driver's license, commercial driver's license,2699
temporary instruction permit, probationary license, or nonresident2700
operating privilege for a definite period of three years to life2701
pursuant tofrom the range specified in division (A)(2) of section2702
4507.164510.02 of the Revised Code.2703

       (2) Whoever violates division (A)(3) of this section is2704
guilty of vehicular homicide. Except as otherwise provided in2705
this division, vehicular homicide is a misdemeanor of the first2706
degree. Vehicular homicide is a felony of the fourth degree if,2707
at the time of the offense, the offender was driving under a2708
suspension or revocation imposed under Chapter 4507. or any other2709
provision of the Revised Code or if the offender previously has2710
been convicted of or pleaded guilty to a violation of this section2711
or any traffic-related homicide, manslaughter, or assault offense.2712

       In addition to any other sanctions imposed, the court shall2713
suspendimpose upon the offender a class four suspension of the2714
offender's driver's license, commercial driver's license,2715
temporary instruction permit, probationary license, or nonresident2716
operating privilege for a definite period of one to five years2717
pursuant tofrom the range specified in division (A)(4) of section2718
4507.164510.02 of the Revised Code or, if the offender previously2719
has been convicted of or pleaded guilty to a violation of this2720
section or any traffic-related homicide, manslaughter, or assault2721
offense, for a definite period of two to ten years pursuant toa2722
class three suspension of the offender's driver's license,2723
commercial driver's license, temporary instruction permit,2724
probationary license, or nonresident operating privilege from the2725
range specified in division (A)(3) of that section.2726

       (3) Whoever violates division (A)(4) of this section is2727
guilty of vehicular manslaughter. Except as otherwise provided in2728
this division, vehicular manslaughter is a misdemeanor of the2729
second degree. Vehicular manslaughter is a misdemeanor of the2730
first degree if, at the time of the offense, the offender was2731
driving under a suspension imposed under Chapter 4507.4510.or2732
any other provision of the Revised Code or if the offender2733
previously has been convicted of or pleaded guilty to a violation2734
of this section or any traffic-related homicide, manslaughter, or2735
assault offense.2736

       In addition to any other sanctions imposed, the court shall2737
suspendimpose upon the offender a class six suspension of the2738
offender's driver's license, commercial driver's license,2739
temporary instruction permit, probationary license, or nonresident2740
operating privilege for a definite period of three months to two2741
years pursuant tofrom the range specified in division (A)(6) of2742
section 4507.164510.02 of the Revised Code or, if the offender2743
previously has been convicted of or pleaded guilty to a violation2744
of this section or any traffic-related homicide, manslaughter, or2745
assault offense, for a definite period of one to five years2746
pursuant toa class four suspension of the offender's driver's2747
license, commercial driver's license, temporary instruction2748
permit, probationary license, or nonresident operating privilege2749
from the range specified in division (A)(4) of that section.2750

       (C) The court shall impose a mandatory prison term on an2751
offender who is convicted of or pleads guilty to a violation of2752
division (A)(1) of this section. The court shall impose a2753
mandatory prison term on an offender who is convicted of or pleads2754
guilty to a violation of division (A)(2) or (3) of this section if2755
either of the following applies:2756

       (1) The offender previously has been convicted of or pleaded2757
guilty to a violation of this section or section 2903.08 of the2758
Revised Code.2759

       (2) At the time of the offense, the offender was driving2760
under suspension under Chapter 4507.4510.or any other provision2761
of the Revised Code.2762

       (D)(1) As used in this section:2763

       (a) "Mandatory prison term" has the same meaning as in2764
section 2929.01 of the Revised Code.2765

       (b) "Traffic-related homicide, manslaughter, or assault2766
offense" means a violation of section 2903.04 of the Revised Code2767
in circumstances in which division (D) of that section applies, a2768
violation of section 2903.06 or 2903.08 of the Revised Code, or a2769
violation of section 2903.06, 2903.07, or 2903.08 of the Revised2770
Code as they existed prior to the effective date of this amendment2771
March23, 2000.2772

       (2) For the purposes of this section, when a penalty or2773
suspension is enhanced because of a prior or current violation of2774
a specified law or a prior or current specified offense, the2775
reference to the violation of the specified law or the specified2776
offense includes any violation of any substantially equivalent2777
municipal ordinance, former law of this state, or current or2778
former law of another state or the United States.2779

       Sec. 2903.08.  (A) No person, while operating or2780
participating in the operation of a motor vehicle, motorcycle,2781
snowmobile, locomotive, watercraft, or aircraft, shall cause2782
serious physical harm to another person or another's unborn in2783
either of the following ways:2784

       (1) As the proximate result of committing a violation of2785
division (A) of section 4511.19 of the Revised Code or of a2786
substantially equivalent municipal ordinance;2787

       (2) Recklessly.2788

       (B)(1) Whoever violates division (A)(1) of this section is2789
guilty of aggravated vehicular assault. Except as otherwise2790
provided in this division, aggravated vehicular assault is a2791
felony of the third degree. Aggravated vehicular assault is a2792
felony of the second degree if, at the time of the offense, the2793
offender was driving under a suspension imposed under Chapter2794
4507.4510. or any other provision of the Revised Code or if the2795
offender previously has been convicted of or pleaded guilty to a2796
violation of this section; any traffic-related homicide,2797
manslaughter, or assault offense; three prior violations of2798
section 4511.19 of the Revised Code or a substantially equivalent2799
municipal ordinance within the previous six years; or a second or2800
subsequent felony violation of division (A) of section 4511.19 of2801
the Revised Code.2802

       In addition to any other sanctions imposed, the court shall2803
suspendimpose upon the offender a class three suspension of the2804
offender's driver's license, commercial driver's license,2805
temporary instruction permit, probationary license, or nonresident2806
operating privilege for a definite period of two to ten years2807
pursuant tofrom the range specified in division (A)(3) of section2808
4507.164510.02 of the Revised Code or, if the offender previously2809
has been convicted of or pleaded guilty to a violation of this2810
section or any traffic-related homicide, manslaughter, or assault2811
offense, for a definite period of three years to life pursuant to2812
a class two suspension of the offender's driver's license,2813
commercial driver's license, temporary instruction permit,2814
probationary license, or nonresident operating privilege from the2815
range specified in division (A)(2) of that section.2816

       (2) Whoever violates division (A)(2) of this section is2817
guilty of vehicular assault. Except as otherwise provided in this2818
division, vehicular assault is a felony of the fourth degree. 2819
Vehicular assault is a felony of the third degree if, at the time2820
of the offense, the offender was driving under a suspension2821
imposed under Chapter 4507.4510.or any other provision of the2822
Revised Code or if the offender previously has been convicted of2823
or pleaded guilty to a violation of this section or any2824
traffic-related homicide, manslaughter, or assault offense.2825

       In addition to any other sanctions imposed, the court shall2826
suspendimpose upon the offender a class four suspension of the2827
offender's driver's license, commercial driver's license,2828
temporary instruction permit, probationary license, or nonresident2829
operating privilege for a definite period of one to five years2830
pursuant tofrom the range specified in division (A)(4) of section2831
4507.164510.02 of the Revised Code or, if the offender previously2832
has been convicted of or pleaded guilty to a violation of this2833
section or any traffic-related homicide, manslaughter, or assault2834
offense, for a definite period of two to ten years pursuant toa2835
class three suspension of the offender's driver's license,2836
commercial driver's license, temporary instruction permit,2837
probationary license, or nonresident operating privilege from the2838
range specified in division (A)(3) of that section.2839

       (C) The court shall impose a mandatory prison term on an2840
offender who is convicted of or pleads guilty to a violation of2841
division (A)(1) of this section. The court shall impose a2842
mandatory prison term on an offender who is convicted of or pleads2843
guilty to a violation of division (A)(2) of this section if either2844
of the following applies:2845

       (1) The offender previously has been convicted of or pleaded2846
guilty to a violation of this section or section 2903.06 of the2847
Revised Code.2848

       (2) At the time of the offense, the offender was driving2849
under suspension under Chapter 4507.4510. or any other provision2850
of the Revised Code.2851

       (D) As used in this section:2852

       (1) "Mandatory prison term" has the same meaning as in2853
section 2929.01 of the Revised Code.2854

       (2) "Traffic-related homicide, manslaughter, or assault2855
offense" has the same meaning as in section 2903.06 of the Revised2856
Code.2857

       (E) For the purposes of this section, when a penalty or2858
suspension is enhanced because of a prior or current violation of2859
a specified law or a prior or current specified offense, the2860
reference to the violation of the specified law or the specified2861
offense includes any violation of any substantially equivalent2862
municipal ordinance, former law of this state, or current or2863
former law of another state or the United States.2864

       Sec. 2907.24.  (A) No person shall solicit another to engage2865
with such other person in sexual activity for hire.2866

       (B) No person, with knowledge that the person has tested2867
positive as a carrier of a virus that causes acquired2868
immunodeficiency syndrome, shall engage in conduct in violation of2869
division (A) of this section.2870

       (C)(1) Whoever violates division (A) of this section is2871
guilty of soliciting, a misdemeanor of the third degree.2872

       (2) Whoever violates division (B) of this section is guilty2873
of engaging in solicitation after a positive HIV test. If the2874
offender commits the violation prior to July 1, 1996, engaging in2875
solicitation after a positive HIV test is a felony of the second2876
degree. If the offender commits the violation on or after July 1,2877
1996, engaging in solicitation after a positive HIV test is a2878
felony of the third degree.2879

       (D)If a person is convicted of or pleads guilty to a2880
violation of any provision of this section, an attempt to commit a2881
violation of any provision of this section, or a violation of or2882
an attempt to commit a violation of a municipal ordinance that is2883
substantially equivalent to any provision of this section and if2884
the person, in committing or attempting to commit the violation,2885
was in, was on, or used a motor vehicle, the court, in addition to2886
or independent of all other penalties imposed for the violation,2887
shall impose upon the offender a class six suspension of the2888
person's driver's license, commercial driver's license, temporary2889
instruction permit, probationary license, or nonresident operating2890
privilege from the range specified in division (A)(6) of section2891
4510.02 of the Revised Code.2892

       Sec. 2919.22.  (A) No person, who is the parent, guardian,2893
custodian, person having custody or control, or person in loco2894
parentis of a child under eighteen years of age or a mentally or2895
physically handicapped child under twenty-one years of age, shall2896
create a substantial risk to the health or safety of the child, by2897
violating a duty of care, protection, or support. It is not a2898
violation of a duty of care, protection, or support under this2899
division when the parent, guardian, custodian, or person having2900
custody or control of a child treats the physical or mental2901
illness or defect of the child by spiritual means through prayer2902
alone, in accordance with the tenets of a recognized religious2903
body.2904

       (B) No person shall do any of the following to a child under2905
eighteen years of age or a mentally or physically handicapped2906
child under twenty-one years of age:2907

       (1) Abuse the child;2908

       (2) Torture or cruelly abuse the child;2909

       (3) Administer corporal punishment or other physical2910
disciplinary measure, or physically restrain the child in a cruel2911
manner or for a prolonged period, which punishment, discipline, or2912
restraint is excessive under the circumstances and creates a2913
substantial risk of serious physical harm to the child;2914

       (4) Repeatedly administer unwarranted disciplinary measures2915
to the child, when there is a substantial risk that such conduct,2916
if continued, will seriously impair or retard the child's mental2917
health or development;2918

       (5) Entice, coerce, permit, encourage, compel, hire, employ,2919
use, or allow the child to act, model, or in any other way2920
participate in, or be photographed for, the production,2921
presentation, dissemination, or advertisement of any material or2922
performance that the offender knows or reasonably should know is2923
obscene, is sexually oriented matter, or is nudity-oriented2924
matter.2925

       (C)(1) No person shall operate a vehicle, streetcar, or2926
trackless trolley within this state in violation of division (A)2927
of section 4511.19 of the Revised Code when one or more children2928
under eighteen years of age are in the vehicle, streetcar, or2929
trackless trolley. Notwithstanding any other provision of law, a2930
person may be convicted at the same trial or proceeding of a2931
violation of this division and a violation of division (A) of2932
section 4511.19 of the Revised Code that constitutes the basis of2933
the charge of the violation of this division. For purposes of2934
sectionsections 4511.191 to 4511.197 of the Revised Code and all2935
related provisions of law, a person arrested for a violation of2936
this division shall be considered to be under arrest for operating2937
a vehicle while under the influence of alcohol, a drug of abuse,2938
or alcohol and a drug of abusea combination of them or for2939
operating a vehicle with a prohibited concentration of alcohol in2940
the whole blood, blood serum or plasma, breath, or urine.2941

       (2) As used in division (C)(1) of this section, "vehicle,"2942
"streetcar," and "trackless trolley" have the same meanings as in2943
section 4511.01 of the Revised Code.2944

       (D)(1) Division (B)(5) of this section does not apply to any2945
material or performance that is produced, presented, or2946
disseminated for a bona fide medical, scientific, educational,2947
religious, governmental, judicial, or other proper purpose, by or2948
to a physician, psychologist, sociologist, scientist, teacher,2949
person pursuing bona fide studies or research, librarian, member2950
of the clergy, prosecutor, judge, or other person having a proper2951
interest in the material or performance.2952

       (2) Mistake of age is not a defense to a charge under2953
division (B)(5) of this section.2954

       (3) In a prosecution under division (B)(5) of this section,2955
the trier of fact may infer that an actor, model, or participant2956
in the material or performance involved is a juvenile if the2957
material or performance, through its title, text, visual2958
representation, or otherwise, represents or depicts the actor,2959
model, or participant as a juvenile.2960

       (4) As used in this division and division (B)(5) of this2961
section:2962

       (a) "Material," "performance," "obscene," and "sexual2963
activity" have the same meanings as in section 2907.01 of the2964
Revised Code.2965

       (b) "Nudity-oriented matter" means any material or2966
performance that shows a minor in a state of nudity and that,2967
taken as a whole by the average person applying contemporary2968
community standards, appeals to prurient interest.2969

       (c) "Sexually oriented matter" means any material or2970
performance that shows a minor participating or engaging in sexual2971
activity, masturbation, or bestiality.2972

       (E)(1) Whoever violates this section is guilty of2973
endangering children.2974

       (2) If the offender violates division (A) or (B)(1) of this2975
section, endangering children is one of the following:2976

       (a) Except as otherwise provided in division (E)(2)(b), (c),2977
or (d) of this section, a misdemeanor of the first degree;2978

       (b) If the offender previously has been convicted of an2979
offense under this section or of any offense involving neglect,2980
abandonment, contributing to the delinquency of, or physical abuse2981
of a child, except as otherwise provided in division (E)(2)(c) or2982
(d) of this section, a felony of the fourth degree;2983

       (c) If the violation is a violation of division (A) of this2984
section and results in serious physical harm to the child2985
involved, a felony of the third degree;2986

       (d) If the violation is a violation of division (B)(1) of2987
this section and results in serious physical harm to the child2988
involved, a felony of the second degree.2989

       (3) If the offender violates division (B)(2), (3), or (4) of2990
this section, except as otherwise provided in this division,2991
endangering children is a felony of the third degree. If the2992
violation results in serious physical harm to the child involved,2993
or if the offender previously has been convicted of an offense2994
under this section or of any offense involving neglect,2995
abandonment, contributing to the delinquency of, or physical abuse2996
of a child, endangering children is a felony of the second degree.2997

       (4) If the offender violates division (B)(5) of this2998
section, endangering children is a felony of the second degree.2999

       (5) If the offender violates division (C) of this section,3000
the offender shall be punished as follows:3001

       (a) Except as otherwise provided in division (E)(5)(b) or3002
(c) of this section, endangering children in violation of division3003
(C) of this section is a misdemeanor of the first degree.3004

       (b) If the violation results in serious physical harm to the3005
child involved or the offender previously has been convicted of an3006
offense under this section or any offense involving neglect,3007
abandonment, contributing to the delinquency of, or physical abuse3008
of a child, except as otherwise provided in division (E)(5)(c) of3009
this section, endangering children in violation of division (C) of3010
this section is a felony of the fifth degree.3011

       (c) If the violation results in serious physical harm to the3012
child involved and if the offender previously has been convicted3013
of a violation of division (C) of this section, section 2903.06 or3014
2903.08 of the Revised Code, section 2903.07 of the Revised Code3015
as it existed prior to March 23, 2000, or section 2903.04 of the3016
Revised Code in a case in which the offender was subject to the3017
sanctions described in division (D) of that section, endangering3018
children in violation of division (C) of this section is a felony3019
of the fourth degree.3020

       (d) In addition to any term of imprisonment, fine, or other3021
sentence, penalty, or sanction it imposes upon the offender3022
pursuant to division (E)(5)(a), (b), or (c) of this section or3023
pursuant to any other provision of law, the court also may impose3024
upon the offender one or both of the following sanctions:3025

       (i) It may require the offender, as part of the offender's3026
sentence and in the manner described in division (F) of this3027
section, to perform not more than two hundred hours of supervised3028
community service work under the authority of any agency,3029
political subdivision, or charitable organization of the type3030
described in division (F)(1) of section 2951.02 of the Revised3031
Code, provided that the court shall not require the offender to3032
perform supervised community service work under this division3033
unless the offender agrees to perform the supervised community3034
service work.3035

       (ii) It may suspend the driver's or commercial driver's3036
license or permit or nonresident operating privilege of the3037
offender for up to ninety days,and in addition to any suspension3038
or revocation of the offender's driver's or commercial driver's3039
license or permit or nonresident operating privilege under Chapter3040
4506., 4507., 4509., 4510., or 4511. of the Revised Code or under3041
any other provision of law, the court also may impose upon the3042
offender a class seven suspension of the offender's driver's or3043
commercial driver's license or permit or nonresident operating3044
privilege from the range specified in division (A)(7) of section3045
4510.02 of the Revised Code.3046

       (e) In addition to any term of imprisonment, fine, or other3047
sentence, penalty, or sanction imposed upon the offender pursuant3048
to division (E)(5)(a), (b), (c), or (d) of this section or3049
pursuant to any other provision of law for the violation of3050
division (C) of this section, if as part of the same trial or3051
proceeding the offender also is convicted of or pleads guilty to a3052
separate charge charging the violation of division (A) of section3053
4511.19 of the Revised Code that was the basis of the charge of3054
the violation of division (C) of this section, the offender also3055
shall be sentenced, in accordance with section 4511.994511.19 of3056
the Revised Code, for that violation of division (A) of section3057
4511.19 of the Revised Code and also shall be subject to all other3058
sanctions that are required or authorized by any provision of law3059
for that violation of division (A) of section 4511.19 of the3060
Revised Code.3061

       (F)(1)(a) If aA court, pursuant to division (E)(5)(d)(i) of3062
this section, requiresmay require an offender to perform not more3063
than two hundred hours of supervised community service work under3064
the authority of an agency, subdivision, or charitable3065
organization, if the offender agrees to perform the supervised3066
community service work. The requirement shall be part of the3067
community control sanction or sentence of the offender, and the3068
court shall impose the community service in accordance with and3069
subject to divisions (F)(1)(a) and (b) of this section. The court3070
may require an offender whom it requires to perform supervised3071
community service work as part of the offender's community control3072
sanction or sentence to pay the court a reasonable fee to cover3073
the costs of the offender's participation in the work, including,3074
but not limited to, the costs of procuring a policy or policies of3075
liability insurance to cover the period during which the offender3076
will perform the work. If the court requires the offender to3077
perform supervised community service work as part of the3078
offender's community control sanction or sentence, the court shall3079
do so in accordance with the following limitations and criteria:3080

       (i) The court shall require that the community service work3081
be performed after completion of the term of imprisonment imposed3082
upon the offender for the violation of division (C) of this3083
section, if applicable.3084

       (ii) The supervised community service work shall be subject3085
to the limitations set forth in divisions (F)(1)(a) to (c) of3086
section 2951.02 of the Revised Code.3087

       (iii) The community service work shall be supervised in the3088
manner described in division (F)(1)(d) of section 2951.02 of the3089
Revised Code by an official or person with the qualifications3090
described in that division. The official or person periodically3091
shall report in writing to the court concerning the conduct of the3092
offender in performing the work.3093

       (iv) The court shall inform the offender in writing that if3094
the offender does not adequately perform, as determined by the3095
court, all of the required community service work, the court may3096
order that the offender be committed to a jail or workhouse for a3097
period of time that does not exceed the term of imprisonment that3098
the court could have imposed upon the offender for the violation3099
of division (C) of this section, reduced by the total amount of3100
time that the offender actually was imprisoned under the sentence3101
or term that was imposed upon the offender for that violation and3102
by the total amount of time that the offender was confined for any3103
reason arising out of the offense for which the offender was3104
convicted and sentenced as described in sections 2949.08 and3105
2967.191 of the Revised Code, and that, if the court orders that3106
the offender be so committed, the court is authorized, but not3107
required, to grant the offender credit upon the period of the3108
commitment for the community service work that the offender3109
adequately performed.3110

       (b) If a court, pursuant to this division and division3111
(E)(5)(d)(i)(F)(1)(a) of this section, orders an offender to3112
perform community service work as part of the offender's community3113
control sanction or sentence and if the offender does not3114
adequately perform all of the required community service work, as3115
determined by the court, the court may order that the offender be3116
committed to a jail or workhouse for a period of time that does3117
not exceed the term of imprisonment that the court could have3118
imposed upon the offender for the violation of division (C) of3119
this section, reduced by the total amount of time that the3120
offender actually was imprisoned under the sentence or term that3121
was imposed upon the offender for that violation and by the total3122
amount of time that the offender was confined for any reason3123
arising out of the offense for which the offender was convicted3124
and sentenced as described in sections 2949.08 and 2967.191 of the3125
Revised Code. The court may order that a person committed pursuant3126
to this division shall receive hour-for-hour credit upon the3127
period of the commitment for the community service work that the3128
offender adequately performed. No commitment pursuant to this3129
division shall exceed the period of the term of imprisonment that3130
the sentencing court could have imposed upon the offender for the3131
violation of division (C) of this section, reduced by the total3132
amount of time that the offender actually was imprisoned under3133
that sentence or term and by the total amount of time that the3134
offender was confined for any reason arising out of the offense3135
for which the offender was convicted and sentenced as described in3136
sections 2949.08 and 2967.191 of the Revised Code.3137

       (2) Divisions (E)(5)(d)(i) andDivision (F)(1) of this3138
section dodoes not limit or affect the authority of the court to3139
suspend the sentence imposed upon a misdemeanor offender and place3140
the offender on probation or otherwise suspend the sentence3141
pursuant to sections 2929.51 and 2951.02 of the Revised Code, to3142
require the misdemeanor offender, as a condition of the offender's3143
probation or of otherwise suspending the offender's sentence, to3144
perform supervised community service work in accordance with3145
division (F) of section 2951.02 of the Revised Code, or to place a3146
felony offender under a community control sanction.3147

       (G)(1) If a court suspends an offender's driver's or3148
commercial driver's license or permit or nonresident operating3149
privilege under division (E)(5)(d)(ii) of this section, the period3150
of the suspension shall be consecutive to, and commence after, the3151
period of suspension or revocation of the offender's driver's or3152
commercial driver's license or permit or nonresident operating3153
privilege that is imposed under Chapter 4506., 4507., 4509.,3154
4510., or 4511. of the Revised Code or under any other provision3155
of law in relation to the violation of division (C) of this3156
section that is the basis of the suspension under division3157
(E)(5)(d)(ii) of this section or in relation to the violation of3158
division (A) of section 4511.19 of the Revised Code that is the3159
basis for that violation of division (C) of this section.3160

       (2) An offender is not entitled to request, and the court3161
shall not grant to the offender, occupationallimited driving3162
privileges under division (G) of this section if the offender's3163
license, permit, or privilege has been suspended under division3164
(E)(5)(d)(ii) of this section and the offender, within the3165
preceding sevensix years, has been convicted of or pleaded guilty3166
to three or more violations of one or more of the following:3167

       (a) Division (C) of this section;3168

       (b) Division (A) or (B) of section 4511.19 of the Revised3169
Code;3170

       (c) A municipal ordinance relating to operating a vehicle3171
while under the influence of alcohol, a drug of abuse, or alcohol3172
and a drug of abuse;3173

       (d) A municipal ordinance relating to operating a vehicle3174
with a prohibited concentration of alcohol in the blood, breath,3175
or urine;3176

       (e) Section 2903.04 of the Revised Code in a case in which3177
the offender was subject to the sanctions described in division3178
(D) of that section;3179

       (f) Division (A)(1) of section 2903.06 or division (A)(1) of3180
section 2903.08 of the Revised Code or a municipal ordinance that3181
is substantially similar to either of those divisions;3182

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

       (h) A statute of the United States or of any other state or3190
a municipal ordinance of a municipal corporation located in any3191
other state that is substantially similar to division (A) or (B)3192
of section 4511.19Any equivalent offense, as defined in section3193
4511.181 of the Revised Code.3194

       (3) Any other offender who is not described in division3195
(G)(2) of this section and whose license, permit, or nonresident3196
operating privilege has been suspended under division3197
(E)(5)(d)(ii) of this section may file with the sentencing court a3198
petition alleging that the suspension would seriously affect the3199
offender's ability to continue employment. Upon satisfactory3200
proof that there is reasonable cause to believe that the3201
suspension would seriously affect the offender's ability to3202
continue employment, the court may grant the offender occupational3203
driving privileges during the period during which the suspension3204
otherwise would be imposed, except that the court shall not grant3205
occupational driving privileges for employment as a driver of3206
commercial motor vehicles to any person who is disqualified from3207
operating a commercial motor vehicle under section 3123.611 or3208
4506.16 of the Revised Code or whose commercial driver's license3209
or commercial driver's temporary instruction permit has been3210
suspended under section 3123.58 of the Revised Code.3211

       (H)(1) If a person violates division (C) of this section and3212
if, at the time of the violation, there were two or more children3213
under eighteen years of age in the motor vehicle involved in the3214
violation, the offender may be convicted of a violation of3215
division (C) of this section for each of the children, but the3216
court may sentence the offender for only one of the violations.3217

       (2)(a) If a person is convicted of or pleads guilty to a3218
violation of division (C) of this section but the person is not3219
also convicted of and does not also plead guilty to a separate3220
charge charging the violation of division (A) of section 4511.193221
of the Revised Code that was the basis of the charge of the3222
violation of division (C) of this section, both of the following3223
apply:3224

       (i) For purposes of the provisions of section 4511.993225
4511.19 of the Revised Code that set forth the penalties and3226
sanctions for a violation of division (A) of section 4511.19 of3227
the Revised Code, the conviction of or plea of guilty to the3228
violation of division (C) of this section shall not constitute a3229
violation of division (A) of section 4511.19 of the Revised Code;3230

       (ii) For purposes of any provision of law that refers to a3231
conviction of or plea of guilty to a violation of division (A) of3232
section 4511.19 of the Revised Code and that is not described in3233
division (H)(2)(a)(i) of this section, the conviction of or plea3234
of guilty to the violation of division (C) of this section shall3235
constitute a conviction of or plea of guilty to a violation of3236
division (A) of section 4511.19 of the Revised Code.3237

       (b) If a person is convicted of or pleads guilty to a3238
violation of division (C) of this section and the person also is3239
convicted of or pleads guilty to a separate charge charging the3240
violation of division (A) of section 4511.19 of the Revised Code3241
that was the basis of the charge of the violation of division (C)3242
of this section, the conviction of or plea of guilty to the3243
violation of division (C) of this section shall not constitute,3244
for purposes of any provision of law that refers to a conviction3245
of or plea of guilty to a violation of division (A) of section3246
4511.19 of the Revised Code, a conviction of or plea of guilty to3247
a violation of division (A) of section 4511.19 of the Revised3248
Code.3249

       (I) As used in this section, "community:3250

       (1) "Community control sanction" has the same meaning as in3251
section 2929.01 of the Revised Code;3252

       (2) "Limited driving privileges" has the same meaning as in3253
section 4501.01 of the Revised Code.3254

       Sec. 2921.331.  (A) No person shall fail to comply with any3255
lawful order or direction of any police officer invested with3256
authority to direct, control, or regulate traffic.3257

       (B) No person shall operate a motor vehicle so as willfully3258
to elude or flee a police officer after receiving a visible or3259
audible signal from a police officer to bring the person's motor3260
vehicle to a stop.3261

       (C)(1) Whoever violates this section is guilty of failure to3262
comply with an order or signal of a police officer.3263

       (2) A violation of division (A) of this section is a3264
misdemeanor of the first degree.3265

       (3) Except as provided in divisions (C)(4) and (5) of this3266
section, a violation of division (B) of this section is a3267
misdemeanor of the first degree.3268

       (4) Except as provided in division (C)(5) of this section, a3269
violation of division (B) of this section is a felony of the3270
fourth degree if the jury or judge as trier of fact finds by proof3271
beyond a reasonable doubt that, in committing the offense, the3272
offender was fleeing immediately after the commission of a felony.3273

       (5)(a) A violation of division (B) of this section is a3274
felony of the third degree if the jury or judge as trier of fact3275
finds any of the following by proof beyond a reasonable doubt:3276

       (i) The operation of the motor vehicle by the offender was a3277
proximate cause of serious physical harm to persons or property.3278

       (ii) The operation of the motor vehicle by the offender3279
caused a substantial risk of serious physical harm to persons or3280
property.3281

       (b) If a police officer pursues an offender who is violating3282
division (B) of this section and division (C)(5)(a) of this3283
section applies, the sentencing court, in determining the3284
seriousness of an offender's conduct for purposes of sentencing3285
the offender for a violation of division (B) of this section,3286
shall consider, along with the factors set forth in sections3287
2929.12 and 2929.13 of the Revised Code that are required to be3288
considered, all of the following:3289

       (i) The duration of the pursuit;3290

       (ii) The distance of the pursuit;3291

       (iii) The rate of speed at which the offender operated the3292
motor vehicle during the pursuit;3293

       (iv) Whether the offender failed to stop for traffic lights3294
or stop signs during the pursuit;3295

       (v) The number of traffic lights or stop signs for which the3296
offender failed to stop during the pursuit;3297

       (vi) Whether the offender operated the motor vehicle during3298
the pursuit without lighted lights during a time when lighted3299
lights are required;3300

       (vii) Whether the offender committed a moving violation3301
during the pursuit;3302

       (viii) The number of moving violations the offender3303
committed during the pursuit;3304

       (ix) Any other relevant factors indicating that the3305
offender's conduct is more serious than conduct normally3306
constituting the offense.3307

       (D) If an offender is sentenced pursuant to division (C)(4)3308
or (5) of this section for a violation of division (B) of this3309
section, and if the offender is sentenced to a prison term for3310
that violation, the offender shall serve the prison term3311
consecutively to any other prison term or mandatory prison term3312
imposed upon the offender.3313

       (E) In addition to any other sanction imposed for a violation3314
of this section, the court shall impose a class two suspension3315
from the range specified in division (A)(2) of section 4510.02 of3316
the Revised Code. If the offender previously has been found3317
guilty of an offense under this section, the court shall impose a3318
class one suspension as described in division (A)(1) of that3319
section. The court shall not grant limited driving privileges to3320
the offender. No judge shall suspend the first three years of3321
suspension under a class two suspension of an offender's license,3322
permit, or privilege required by this division on any portion of3323
the suspension under a class one suspension of an offender's3324
license, permit, or privilege required by this division.3325

       (F) As used in this section:3326

       (1) "Moving violation" has the same meaning as in section3327
2743.70 of the Revised Code.3328

       (2) "Police officer" has the same meaning as in section3329
4511.01 of the Revised Code.3330

       Sec. 2923.01.  (A) No person, with purpose to commit or to3331
promote or facilitate the commission of aggravated murder, murder,3332
kidnapping, compelling prostitution, promoting prostitution,3333
aggravated arson, arson, aggravated robbery, robbery, aggravated3334
burglary, burglary, engaging in a pattern of corrupt activity,3335
corrupting another with drugs, a felony drug trafficking,3336
manufacturing, processing, or possession offense, theft of drugs,3337
or illegal processing of drug documents, the commission of a3338
felony offense of unauthorized use of a vehicle, or the commission3339
of a violation of any provision of Chapter 3734. of the Revised3340
Code, other than section 3734.18 of the Revised Code, that relates3341
to hazardous wastes, shall do either of the following:3342

       (1) With another person or persons, plan or aid in planning3343
the commission of any of the specified offenses;3344

       (2) Agree with another person or persons that one or more of3345
them will engage in conduct that facilitates the commission of any3346
of the specified offenses.3347

       (B) No person shall be convicted of conspiracy unless a3348
substantial overt act in furtherance of the conspiracy is alleged3349
and proved to have been done by the accused or a person with whom3350
the accused conspired, subsequent to the accused's entrance into3351
the conspiracy. For purposes of this section, an overt act is3352
substantial when it is of a character that manifests a purpose on3353
the part of the actor that the object of the conspiracy should be3354
completed.3355

       (C) When the offender knows or has reasonable cause to3356
believe that a person with whom the offender conspires also has3357
conspired or is conspiring with another to commit the same3358
offense, the offender is guilty of conspiring with that other3359
person, even though the other person's identity may be unknown to3360
the offender.3361

       (D) It is no defense to a charge under this section that, in3362
retrospect, commission of the offense that was the object of the3363
conspiracy was impossible under the circumstances.3364

       (E) A conspiracy terminates when the offense or offenses3365
that are its objects are committed or when it is abandoned by all3366
conspirators. In the absence of abandonment, it is no defense to3367
a charge under this section that no offense that was the object of3368
the conspiracy was committed.3369

       (F) A person who conspires to commit more than one offense3370
is guilty of only one conspiracy, when the offenses are the object3371
of the same agreement or continuous conspiratorial relationship.3372

       (G) When a person is convicted of committing or attempting3373
to commit a specific offense or of complicity in the commission of3374
or attempt to commit the specific offense, the person shall not be3375
convicted of conspiracy involving the same offense.3376

       (H)(1) No person shall be convicted of conspiracy upon the3377
testimony of a person with whom the defendant conspired,3378
unsupported by other evidence.3379

       (2) If a person with whom the defendant allegedly has3380
conspired testifies against the defendant in a case in which the3381
defendant is charged with conspiracy and if the testimony is3382
supported by other evidence, the court, when it charges the jury,3383
shall state substantially the following:3384

       "The testimony of an accomplice that is supported by other3385
evidence does not become inadmissible because of the accomplice's3386
complicity, moral turpitude, or self-interest, but the admitted or3387
claimed complicity of a witness may affect the witness'3388
credibility and make the witness' testimony subject to grave3389
suspicion, and require that it be weighed with great caution.3390

       It is for you, as jurors, in the light of all the facts3391
presented to you from the witness stand, to evaluate such3392
testimony and to determine its quality and worth or its lack of3393
quality and worth."3394

       (3) "Conspiracy," as used in division (H)(1) of this section,3395
does not include any conspiracy that results in an attempt to3396
commit an offense or in the commission of an offense.3397

       (I) The following are affirmative defenses to a charge of3398
conspiracy:3399

       (1) After conspiring to commit an offense, the actor3400
thwarted the success of the conspiracy under circumstances3401
manifesting a complete and voluntary renunciation of the actor's3402
criminal purpose.3403

       (2) After conspiring to commit an offense, the actor3404
abandoned the conspiracy prior to the commission of or attempt to3405
commit any offense that was the object of the conspiracy, either3406
by advising all other conspirators of the actor's abandonment, or3407
by informing any law enforcement authority of the existence of the3408
conspiracy and of the actor's participation in the conspiracy.3409

       (J) Whoever violates this section is guilty of conspiracy,3410
which is one of the following:3411

       (1) A felony of the first degree, when one of the objects of3412
the conspiracy is aggravated murder, murder, or an offense for3413
which the maximum penalty is imprisonment for life;3414

       (2) A felony of the next lesser degree than the most serious3415
offense that is the object of the conspiracy, when the most3416
serious offense that is the object of the conspiracy is a felony3417
of the first, second, third, or fourth degree;3418

       (3) A felony punishable by a fine of not more than3419
twenty-five thousand dollars or imprisonment for not more than3420
eighteen months, or both, when the offense that is the object of3421
the conspiracy is a violation of any provision of Chapter 3734. of3422
the Revised Code, other than section 3734.18 of the Revised Code,3423
that relates to hazardous wastes;3424

       (4) A misdemeanor of the first degree, when the most serious3425
offense that is the object of the conspiracy is a felony of the3426
fifth degree.3427

       (K) This section does not define a separate conspiracy3428
offense or penalty where conspiracy is defined as an offense by3429
one or more sections of the Revised Code, other than this section.3430
In such a case, however:3431

       (1) With respect to the offense specified as the object of3432
the conspiracy in the other section or sections, division (A) of3433
this section defines the voluntary act or acts and culpable mental3434
state necessary to constitute the conspiracy;3435

       (2) Divisions (B) to (I) of this section are incorporated by3436
reference in the conspiracy offense defined by the other section3437
or sections of the Revised Code.3438

       (L)(1) In addition to the penalties that otherwise are3439
imposed for conspiracy, a person who is found guilty of conspiracy3440
to engage in a pattern of corrupt activity is subject to divisions3441
(B)(2), (3), (4), and (5) of section 2923.32 of the Revised Code.3442

       (2) If a person is convicted of or pleads guilty to3443
conspiracy and if the most serious offense that is the object of3444
the conspiracy is a felony drug trafficking, manufacturing,3445
processing, or possession offense, in addition to the penalties or3446
sanctions that may be imposed for the conspiracy under division3447
(J)(2) or (4) of this section and Chapter 2929. of the Revised3448
Code, both of the following apply:3449

       (a) The provisions of divisions (D), (F), and (G) of section3450
2925.03, division (D) of section 2925.04, division (D) of section3451
2925.05, division (D) of section 2925.06, and division (E) of3452
section 2925.11 of the Revised Code that pertain to mandatory and3453
additional fines, driver's or commercial driver's license or3454
permit revocations or suspensions, and professionally licensed3455
persons or persons who have been admitted to the bar by order of3456
the supreme court and that would apply under the appropriate3457
provisions of those divisions to a person who is convicted of or3458
pleads guilty to the felony drug trafficking, manufacturing,3459
processing, or possession offense that is the most serious offense3460
that is the basis of the conspiracy shall apply to the person who3461
is convicted of or pleads guilty to the conspiracy as if the3462
person had been convicted of or pleaded guilty to the felony drug3463
trafficking, manufacturing, processing, or possession offense that3464
is the most serious offense that is the basis of the conspiracy.3465

       (b) The court that imposes sentence upon the person who is3466
convicted of or pleads guilty to the conspiracy shall comply with3467
the provisions identified as being applicable under division3468
(L)(2) of this section, in addition to any other penalty or3469
sanction that it imposes for the conspiracy under division (J)(2)3470
or (4) of this section and Chapter 2929. of the Revised Code.3471

       (M) As used in this section,:3472

       (1) "felony Felony drug trafficking, manufacturing,3473
processing, or possession offense" means any of the following that3474
is a felony:3475

       (1)(a) A violation of section 2925.03, 2925.04, 2925.05, or3476
2925.06 of the Revised Code;3477

       (2)(b) A violation of section 2925.11 of the Revised Code3478
that is not a minor drug possession offense,.3479

       (2) "Minor drug possession offense" has the same meaning as3480
defined in section 2925.01 of the Revised Code.3481

       Sec. 2923.122.  (A) No person shall knowingly convey, or3482
attempt to convey, a deadly weapon or dangerous ordnance into a3483
school safety zone.3484

       (B) No person shall knowingly possess a deadly weapon or3485
dangerous ordnance in a school safety zone.3486

       (C) No person shall knowingly possess an object in a school3487
safety zone if both of the following apply:3488

       (1) The object is indistinguishable from a firearm, whether3489
or not the object is capable of being fired.3490

       (2) The person indicates that the person possesses the3491
object and that it is a firearm, or the person knowingly displays3492
or brandishes the object and indicates that it is a firearm.3493

       (D) This section does not apply to officers, agents, or3494
employees of this or any other state or the United States, or to3495
law enforcement officers, authorized to carry deadly weapons or3496
dangerous ordnance and acting within the scope of their duties, to3497
any security officer employed by a board of education or governing3498
body of a school during the time that the security officer is on3499
duty pursuant to that contract of employment, or to any other3500
person who has written authorization from the board of education3501
or governing body of a school to convey deadly weapons or3502
dangerous ordnance into a school safety zone or to possess a3503
deadly weapon or dangerous ordnance in a school safety zone and3504
who conveys or possesses the deadly weapon or dangerous ordnance3505
in accordance with that authorization.3506

       Division (C) of this section does not apply to premises upon3507
which home schooling is conducted. Division (C) of this section3508
also does not apply to a school administrator, teacher, or3509
employee who possesses an object that is indistinguishable from a3510
firearm for legitimate school purposes during the course of3511
employment, a student who uses an object that is indistinguishable3512
from a firearm under the direction of a school administrator,3513
teacher, or employee, or any other person who with the express3514
prior approval of a school administrator possesses an object that3515
is indistinguishable from a firearm for a legitimate purpose,3516
including the use of the object in a ceremonial activity, a play,3517
reenactment, or other dramatic presentation, or a ROTC activity or3518
another similar use of the object.3519

       (E)(1) Whoever violates division (A) or (B) of this section3520
is guilty of illegal conveyance or possession of a deadly weapon3521
or dangerous ordnance in a school safety zone. Except as3522
otherwise provided in this division, illegal conveyance or3523
possession of a deadly weapon or dangerous ordnance in a school3524
safety zone is a felony of the fifth degree. If the offender3525
previously has been convicted of a violation of this section,3526
illegal conveyance or possession of a deadly weapon or dangerous3527
ordnance in a school safety zone is a felony of the fourth degree.3528

       (2) Whoever violates division (C) of this section is guilty3529
of illegal possession of an object indistinguishable from a3530
firearm in a school safety zone. Except as otherwise provided in3531
this division, illegal possession of an object indistinguishable3532
from a firearm in a school safety zone is a misdemeanor of the3533
first degree. If the offender previously has been convicted of a3534
violation of this section, illegal possession of an object3535
indistinguishable from a firearm in a school safety zone is a3536
felony of the fifth degree.3537

       (F)(1) In addition to any other penalty imposed upon a3538
person who is convicted of or pleads guilty to a violation of this3539
section and subject to division (F)(2) of this section, if the3540
offender has not attained nineteen years of age, regardless of3541
whether the offender is attending or is enrolled in a school3542
operated by a board of education or for which the state board of3543
education prescribes minimum standards under section 3301.07 of3544
the Revised Code, the court shall impose upon the offender3545
whichever of the following penalties applies:3546

       (a) If the offender has been issued a class four suspension3547
of the offender's probationary driver's license, restricted3548
license, driver's license, commercial driver's license, temporary3549
instruction permit, or probationary commercial driver's license3550
that then is in effect, the court shall suspend for a period of3551
not less than twelve months and not more than thirty-six months3552
that license of the offender.3553

       (b) If the offender has been issued a temporary instruction3554
permit that then is in effect, the court shall revoke it and deny3555
the offender the issuance of another temporary instruction permit,3556
and the period of denial shall be for not less than twelve months3557
and not more than thirty-six months.3558

       (c) If the offender has been issued a commercial driver's3559
license temporary instruction permit that then is in effect, the3560
court shall suspend the offender's driver's license, revoke the3561
commercial driver's license temporary instruction permit, and deny3562
the offender the issuance of another commercial driver's license3563
temporary instruction permit, and the period of suspension plus3564
the period of denial shall total not less than twelve months and3565
not more than thirty-six months.3566

       (d) If, on the date the court imposes sentence upon the3567
offender for a violation of this section, the offender has not3568
been issued any type of license that then is in effect to operate3569
a motor vehicle in this state or a temporary instruction permit3570
that then is in effect, the courtfrom the range specified in3571
division (A)(4) of section 4510.02 of the Revised Code and shall3572
deny the offender the issuance of a temporary instructionany3573
permit for aor license of that type during the period of not less3574
than twelve months and not more than thirty-six monthsthe3575
suspension.3576

       (e) If the offender is not a resident of this state, the3577
court shall suspend for a period of not less than twelve months3578
and not more than thirty-six monthsimpose a class four suspension3579
of the nonresident operating privilege of the offender from the3580
range specified in division (A)(4) of section 4510.02 of the3581
Revised Code.3582

       (2) If the offender shows good cause why the court should3583
not suspend or revoke one of the types of licenses, permits, or3584
privileges specified in division (F)(1) of this section or deny3585
the issuance of one of the temporary instruction permits specified3586
in that division, the court in its discretion may choose not to3587
impose the suspension, revocation, or denial required in that3588
division.3589

       (G) As used in this section, "object that is3590
indistinguishable from a firearm" means an object made,3591
constructed, or altered so that, to a reasonable person without3592
specialized training in firearms, the object appears to be a3593
firearm.3594

       Sec. 2925.01.  As used in this chapter:3595

       (A) "Administer," "controlled substance," "dispense,"3596
"distribute," "hypodermic," "manufacturer," "official written3597
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"3598
"schedule II," "schedule III," "schedule IV," "schedule V," and3599
"wholesaler" have the same meanings as in section 3719.01 of the3600
Revised Code.3601

       (B) "Drug dependent person" and "drug of abuse" have the same3602
meanings as in section 3719.011 of the Revised Code.3603

       (C) "Drug," "dangerous drug," "licensed health professional3604
authorized to prescribe drugs," and "prescription" have the same3605
meanings as in section 4729.01 of the Revised Code.3606

       (D) "Bulk amount" of a controlled substance means any of the3607
following:3608

       (1) For any compound, mixture, preparation, or substance3609
included in schedule I, schedule II, or schedule III, with the3610
exception of marihuana, cocaine, L.S.D., heroin, and hashish and3611
except as provided in division (D)(2) or (5) of this section,3612
whichever of the following is applicable:3613

       (a) An amount equal to or exceeding ten grams or twenty-five3614
unit doses of a compound, mixture, preparation, or substance that3615
is or contains any amount of a schedule I opiate or opium3616
derivative;3617

       (b) An amount equal to or exceeding ten grams of a compound,3618
mixture, preparation, or substance that is or contains any amount3619
of raw or gum opium;3620

       (c) An amount equal to or exceeding thirty grams or ten unit3621
doses of a compound, mixture, preparation, or substance that is or3622
contains any amount of a schedule I hallucinogen other than3623
tetrahydrocannabinol or lysergic acid amide, or a schedule I3624
stimulant or depressant;3625

       (d) An amount equal to or exceeding twenty grams or five3626
times the maximum daily dose in the usual dose range specified in3627
a standard pharmaceutical reference manual of a compound, mixture,3628
preparation, or substance that is or contains any amount of a3629
schedule II opiate or opium derivative;3630

       (e) An amount equal to or exceeding five grams or ten unit3631
doses of a compound, mixture, preparation, or substance that is or3632
contains any amount of phencyclidine;3633

       (f) An amount equal to or exceeding one hundred twenty grams3634
or thirty times the maximum daily dose in the usual dose range3635
specified in a standard pharmaceutical reference manual of a3636
compound, mixture, preparation, or substance that is or contains3637
any amount of a schedule II stimulant that is in a final dosage3638
form manufactured by a person authorized by the "Federal Food,3639
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as3640
amended, and the federal drug abuse control laws, as defined in3641
section 3719.01 of the Revised Code, that is or contains any3642
amount of a schedule II depressant substance or a schedule II3643
hallucinogenic substance;3644

       (g) An amount equal to or exceeding three grams of a3645
compound, mixture, preparation, or substance that is or contains3646
any amount of a schedule II stimulant, or any of its salts or3647
isomers, that is not in a final dosage form manufactured by a3648
person authorized by the Federal Food, Drug, and Cosmetic Act and3649
the federal drug abuse control laws.3650

       (2) An amount equal to or exceeding one hundred twenty grams3651
or thirty times the maximum daily dose in the usual dose range3652
specified in a standard pharmaceutical reference manual of a3653
compound, mixture, preparation, or substance that is or contains3654
any amount of a schedule III or IV substance other than an3655
anabolic steroid or a schedule III opiate or opium derivative;3656

       (3) An amount equal to or exceeding twenty grams or five3657
times the maximum daily dose in the usual dose range specified in3658
a standard pharmaceutical reference manual of a compound, mixture,3659
preparation, or substance that is or contains any amount of a3660
schedule III opiate or opium derivative;3661

       (4) An amount equal to or exceeding two hundred fifty3662
milliliters or two hundred fifty grams of a compound, mixture,3663
preparation, or substance that is or contains any amount of a3664
schedule V substance;3665

       (5) An amount equal to or exceeding two hundred solid dosage3666
units, sixteen grams, or sixteen milliliters of a compound,3667
mixture, preparation, or substance that is or contains any amount3668
of a schedule III anabolic steroid.3669

       (E) "Unit dose" means an amount or unit of a compound,3670
mixture, or preparation containing a controlled substance that is3671
separately identifiable and in a form that indicates that it is3672
the amount or unit by which the controlled substance is separately3673
administered to or taken by an individual.3674

       (F) "Cultivate" includes planting, watering, fertilizing, or3675
tilling.3676

       (G) "Drug abuse offense" means any of the following:3677

       (1) A violation of division (A) of section 2913.02 that3678
constitutes theft of drugs, or a violation of section 2925.02,3679
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,3680
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or3681
2925.37 of the Revised Code;3682

       (2) A violation of an existing or former law of this or any3683
other state or of the United States that is substantially3684
equivalent to any section listed in division (G)(1) of this3685
section;3686

       (3) An offense under an existing or former law of this or3687
any other state, or of the United States, of which planting,3688
cultivating, harvesting, processing, making, manufacturing,3689
producing, shipping, transporting, delivering, acquiring,3690
possessing, storing, distributing, dispensing, selling, inducing3691
another to use, administering to another, using, or otherwise3692
dealing with a controlled substance is an element;3693

       (4) A conspiracy to commit, attempt to commit, or complicity3694
in committing or attempting to commit any offense under division3695
(G)(1), (2), or (3) of this section.3696

       (H) "Felony drug abuse offense" means any drug abuse offense3697
that would constitute a felony under the laws of this state, any3698
other state, or the United States.3699

       (I) "Harmful intoxicant" does not include beer or3700
intoxicating liquor but means any compound, mixture, preparation,3701
or substance the gas, fumes, or vapor of which when inhaled can3702
induce intoxication, excitement, giddiness, irrational behavior,3703
depression, stupefaction, paralysis, unconsciousness,3704
asphyxiation, or other harmful physiological effects, and3705
includes, but is not limited to, any of the following:3706

       (1) Any volatile organic solvent, plastic cement, model3707
cement, fingernail polish remover, lacquer thinner, cleaning3708
fluid, gasoline, or other preparation containing a volatile3709
organic solvent;3710

       (2) Any aerosol propellant;3711

       (3) Any fluorocarbon refrigerant;3712

       (4) Any anesthetic gas.3713

       (J) "Manufacture" means to plant, cultivate, harvest,3714
process, make, prepare, or otherwise engage in any part of the3715
production of a drug, by propagation, extraction, chemical3716
synthesis, or compounding, or any combination of the same, and3717
includes packaging, repackaging, labeling, and other activities3718
incident to production.3719

       (K) "Possess" or "possession" means having control over a3720
thing or substance, but may not be inferred solely from mere3721
access to the thing or substance through ownership or occupation3722
of the premises upon which the thing or substance is found.3723

       (L) "Sample drug" means a drug or pharmaceutical preparation3724
that would be hazardous to health or safety if used without the3725
supervision of a licensed health professional authorized to3726
prescribe drugs, or a drug of abuse, and that, at one time, had3727
been placed in a container plainly marked as a sample by a3728
manufacturer.3729

       (M) "Standard pharmaceutical reference manual" means the3730
current edition, with cumulative changes if any, of any of the3731
following reference works:3732

       (1) "The National Formulary";3733

       (2) "The United States Pharmacopeia," prepared by authority3734
of the United States Pharmacopeial Convention, Inc.;3735

       (3) Other standard references that are approved by the state3736
board of pharmacy.3737

       (N) "Juvenile" means a person under eighteen years of age.3738

       (O) "Counterfeit controlled substance" means any of the3739
following:3740

       (1) Any drug that bears, or whose container or label bears,3741
a trademark, trade name, or other identifying mark used without3742
authorization of the owner of rights to that trademark, trade3743
name, or identifying mark;3744

       (2) Any unmarked or unlabeled substance that is represented3745
to be a controlled substance manufactured, processed, packed, or3746
distributed by a person other than the person that manufactured,3747
processed, packed, or distributed it;3748

       (3) Any substance that is represented to be a controlled3749
substance but is not a controlled substance or is a different3750
controlled substance;3751

       (4) Any substance other than a controlled substance that a3752
reasonable person would believe to be a controlled substance3753
because of its similarity in shape, size, and color, or its3754
markings, labeling, packaging, distribution, or the price for3755
which it is sold or offered for sale.3756

       (P) An offense is "committed in the vicinity of a school" if3757
the offender commits the offense on school premises, in a school3758
building, or within one thousand feet of the boundaries of any3759
school premises.3760

       (Q) "School" means any school operated by a board of3761
education or any school for which the state board of education3762
prescribes minimum standards under section 3301.07 of the Revised3763
Code, whether or not any instruction, extracurricular activities,3764
or training provided by the school is being conducted at the time3765
a criminal offense is committed.3766

       (R) "School premises" means either of the following:3767

       (1) The parcel of real property on which any school is3768
situated, whether or not any instruction, extracurricular3769
activities, or training provided by the school is being conducted3770
on the premises at the time a criminal offense is committed;3771

       (2) Any other parcel of real property that is owned or3772
leased by a board of education of a school or the governing body3773
of a school for which the state board of education prescribes3774
minimum standards under section 3301.07 of the Revised Code and on3775
which some of the instruction, extracurricular activities, or3776
training of the school is conducted, whether or not any3777
instruction, extracurricular activities, or training provided by3778
the school is being conducted on the parcel of real property at3779
the time a criminal offense is committed.3780

       (S) "School building" means any building in which any of the3781
instruction, extracurricular activities, or training provided by a3782
school is conducted, whether or not any instruction,3783
extracurricular activities, or training provided by the school is3784
being conducted in the school building at the time a criminal3785
offense is committed.3786

       (T) "Disciplinary counsel" means the disciplinary counsel3787
appointed by the board of commissioners on grievances and3788
discipline of the supreme court under the Rules for the Government3789
of the Bar of Ohio.3790

       (U) "Certified grievance committee" means a duly constituted3791
and organized committee of the Ohio state bar association or of3792
one or more local bar associations of the state of Ohio that3793
complies with the criteria set forth in Rule V, section 6 of the3794
Rules for the Government of the Bar of Ohio.3795

       (V) "Professional license" means any license, permit,3796
certificate, registration, qualification, admission, temporary3797
license, temporary permit, temporary certificate, or temporary3798
registration that is described in divisions (W)(1) to (35)(36) of3799
this section and that qualifies a person as a professionally3800
licensed person.3801

       (W) "Professionally licensed person" means any of the3802
following:3803

       (1) A person who has obtained a license as a manufacturer of3804
controlled substances or a wholesaler of controlled substances3805
under Chapter 3719. of the Revised Code;3806

       (2) A person who has received a certificate or temporary3807
certificate as a certified public accountant or who has registered3808
as a public accountant under Chapter 4701. of the Revised Code and3809
who holds an Ohio permit issued under that chapter;3810

       (3) A person who holds a certificate of qualification to3811
practice architecture issued or renewed and registered under3812
Chapter 4703. of the Revised Code;3813

       (4) A person who is registered as a landscape architect3814
under Chapter 4703. of the Revised Code or who holds a permit as a3815
landscape architect issued under that chapter;3816

       (5) A person licensed as an auctioneer or apprentice3817
auctioneer or licensed to operate an auction company under Chapter3818
4707. of the Revised Code;3819

       (6) A person who has been issued a certificate of3820
registration as a registered barber under Chapter 4709. of the3821
Revised Code;3822

       (7) A person licensed and regulated to engage in the3823
business of a debt pooling company by a legislative authority,3824
under authority of Chapter 4710. of the Revised Code;3825

       (8) A person who has been issued a cosmetologist's license,3826
manicurist's license, esthetician's license, managing3827
cosmetologist's license, managing manicurist's license, managing3828
esthetician's license, cosmetology instructor's license,3829
manicurist instructor's license, esthetician instructor's license,3830
or tanning facility permit under Chapter 4713. of the Revised3831
Code;3832

       (9) A person who has been issued a license to practice3833
dentistry, a general anesthesia permit, a conscious intravenous3834
sedation permit, a limited resident's license, a limited teaching3835
license, a dental hygienist's license, or a dental hygienist's3836
teacher's certificate under Chapter 4715. of the Revised Code;3837

       (10) A person who has been issued an embalmer's license, a3838
funeral director's license, a funeral home license, or a crematory3839
license, or who has been registered for an embalmer's or funeral3840
director's apprenticeship under Chapter 4717. of the Revised Code;3841

       (11) A person who has been licensed as a registered nurse or3842
practical nurse, or who has been issued a certificate for the3843
practice of nurse-midwifery under Chapter 4723. of the Revised3844
Code;3845

       (12) A person who has been licensed to practice optometry or3846
to engage in optical dispensing under Chapter 4725. of the Revised3847
Code;3848

       (13) A person licensed to act as a pawnbroker under Chapter3849
4727. of the Revised Code;3850

       (14) A person licensed to act as a precious metals dealer3851
under Chapter 4728. of the Revised Code;3852

       (15) A person licensed as a pharmacist, a pharmacy intern, a3853
wholesale distributor of dangerous drugs, or a terminal3854
distributor of dangerous drugs under Chapter 4729. of the Revised3855
Code;3856

       (16) A person who is authorized to practice as a physician3857
assistant under Chapter 4730. of the Revised Code;3858

       (17) A person who has been issued a certificate to practice3859
medicine and surgery, osteopathic medicine and surgery, a limited3860
branch of medicine, or podiatry under Chapter 4731. of the Revised3861
Code;3862

       (18) A person licensed as a psychologist or school3863
psychologist under Chapter 4732. of the Revised Code;3864

       (19) A person registered to practice the profession of3865
engineering or surveying under Chapter 4733. of the Revised Code;3866

       (20) A person who has been issued a license to practice3867
chiropractic under Chapter 4734. of the Revised Code;3868

       (21) A person licensed to act as a real estate broker or3869
real estate salesperson under Chapter 4735. of the Revised Code;3870

       (22) A person registered as a registered sanitarian under3871
Chapter 4736. of the Revised Code;3872

       (23) A person licensed to operate or maintain a junkyard3873
under Chapter 4737. of the Revised Code;3874

       (24) A person who has been issued a motor vehicle salvage3875
dealer's license under Chapter 4738. of the Revised Code;3876

       (25) A person who has been licensed to act as a steam3877
engineer under Chapter 4739. of the Revised Code;3878

       (26) A person who has been issued a license or temporary3879
permit to practice veterinary medicine or any of its branches, or3880
who is registered as a graduate animal technician under Chapter3881
4741. of the Revised Code;3882

       (27) A person who has been issued a hearing aid dealer's or3883
fitter's license or trainee permit under Chapter 4747. of the3884
Revised Code;3885

       (28) A person who has been issued a class A, class B, or3886
class C license or who has been registered as an investigator or3887
security guard employee under Chapter 4749. of the Revised Code;3888

       (29) A person licensed and registered to practice as a3889
nursing home administrator under Chapter 4751. of the Revised3890
Code;3891

       (30) A person licensed to practice as a speech-language3892
pathologist or audiologist under Chapter 4753. of the Revised3893
Code;3894

       (31) A person issued a license as an occupational therapist3895
or physical therapist under Chapter 4755. of the Revised Code;3896

       (32) A person who is licensed as a professional clinical3897
counselor or professional counselor, licensed as a social worker3898
or independent social worker, or registered as a social work3899
assistant under Chapter 4757. of the Revised Code;3900

       (33) A person issued a license to practice dietetics under3901
Chapter 4759. of the Revised Code;3902

       (34) A person who has been issued a license or limited3903
permit to practice respiratory therapy under Chapter 4761. of the3904
Revised Code;3905

       (35) A person who has been issued a real estate appraiser3906
certificate under Chapter 4763. of the Revised Code;3907

       (36) A person who has been admitted to the bar by order of3908
the supreme court in compliance with its prescribed and published3909
rules.3910

       (X) "Cocaine" means any of the following:3911

       (1) A cocaine salt, isomer, or derivative, a salt of a3912
cocaine isomer or derivative, or the base form of cocaine;3913

       (2) Coca leaves or a salt, compound, derivative, or3914
preparation of coca leaves, including ecgonine, a salt, isomer, or3915
derivative of ecgonine, or a salt of an isomer or derivative of3916
ecgonine;3917

       (3) A salt, compound, derivative, or preparation of a3918
substance identified in division (X)(1) or (2) of this section3919
that is chemically equivalent to or identical with any of those3920
substances, except that the substances shall not include3921
decocainized coca leaves or extraction of coca leaves if the3922
extractions do not contain cocaine or ecgonine.3923

       (Y) "L.S.D." means lysergic acid diethylamide.3924

       (Z) "Hashish" means the resin or a preparation of the resin3925
contained in marihuana, whether in solid form or in a liquid3926
concentrate, liquid extract, or liquid distillate form.3927

       (AA) "Marihuana" has the same meaning as in section 3719.013928
of the Revised Code, except that it does not include hashish.3929

       (BB) An offense is "committed in the vicinity of a juvenile"3930
if the offender commits the offense within one hundred feet of a3931
juvenile or within the view of a juvenile, regardless of whether3932
the offender knows the age of the juvenile, whether the offender3933
knows the offense is being committed within one hundred feet of or3934
within view of the juvenile, or whether the juvenile actually3935
views the commission of the offense.3936

       (CC) "Presumption for a prison term" or "presumption that a3937
prison term shall be imposed" means a presumption, as described in3938
division (D) of section 2929.13 of the Revised Code, that a prison3939
term is a necessary sanction for a felony in order to comply with3940
the purposes and principles of sentencing under section 2929.11 of3941
the Revised Code.3942

       (DD) "Major drug offender" has the same meaning as in section3943
2929.01 of the Revised Code.3944

       (EE) "Minor drug possession offense" means either of the3945
following:3946

       (1) A violation of section 2925.11 of the Revised Code as it3947
existed prior to July 1, 1996;3948

       (2) A violation of section 2925.11 of the Revised Code as it3949
exists on and after July 1, 1996, that is a misdemeanor or a3950
felony of the fifth degree.3951

       (FF) "Mandatory prison term" has the same meaning as in3952
section 2929.01 of the Revised Code.3953

       (GG) "Crack cocaine" means a compound, mixture, preparation,3954
or substance that is or contains any amount of cocaine that is3955
analytically identified as the base form of cocaine or that is in3956
a form that resembles rocks or pebbles generally intended for3957
individual use.3958

       (HH) "Adulterate" means to cause a drug to be adulterated as3959
described in section 3715.63 of the Revised Code.3960

       (II) "Public premises" means any hotel, restaurant, tavern,3961
store, arena, hall, or other place of public accommodation,3962
business, amusement, or resort.3963

       Sec. 2925.02.  (A) No person shall knowingly do any of the3964
following:3965

       (1) By force, threat, or deception, administer to another or3966
induce or cause another to use a controlled substance;3967

       (2) By any means, administer or furnish to another or induce3968
or cause another to use a controlled substance with purpose to3969
cause serious physical harm to the other person, or with purpose3970
to cause the other person to become drug dependent;3971

       (3) By any means, administer or furnish to another or induce3972
or cause another to use a controlled substance, and thereby cause3973
serious physical harm to the other person, or cause the other3974
person to become drug dependent;3975

       (4) By any means, do any of the following:3976

       (a) Furnish or administer a controlled substance to a3977
juvenile who is at least two years the offender's junior, when the3978
offender knows the age of the juvenile or is reckless in that3979
regard;3980

       (b) Induce or cause a juvenile who is at least two years the3981
offender's junior to use a controlled substance, when the offender3982
knows the age of the juvenile or is reckless in that regard;3983

       (c) Induce or cause a juvenile who is at least two years the3984
offender's junior to commit a felony drug abuse offense, when the3985
offender knows the age of the juvenile or is reckless in that3986
regard;3987

       (d) Use a juvenile, whether or not the offender knows the3988
age of the juvenile, to perform any surveillance activity that is3989
intended to prevent the detection of the offender or any other3990
person in the commission of a felony drug abuse offense or to3991
prevent the arrest of the offender or any other person for the3992
commission of a felony drug abuse offense.3993

       (B) Division (A)(1), (3), or (4) of this section does not3994
apply to manufacturers, wholesalers, licensed health professionals3995
authorized to prescribe drugs, pharmacists, owners of pharmacies,3996
and other persons whose conduct is in accordance with Chapters3997
3719., 4715., 4723., 4729., 4731., and 4741. of the Revised Code.3998

       (C) Whoever violates this section is guilty of corrupting3999
another with drugs. The penalty for the offense shall be4000
determined as follows:4001

       (1) Except as otherwise provided in this division, if the4002
drug involved is any compound, mixture, preparation, or substance4003
included in schedule I or II, with the exception of marihuana,4004
corrupting another with drugs is a felony of the second degree,4005
and, subject to division (E) of this section, the court shall4006
impose as a mandatory prison term one of the prison terms4007
prescribed for a felony of the second degree. If the drug4008
involved is any compound, mixture, preparation, or substance4009
included in schedule I or II, with the exception of marihuana, and4010
if the offense was committed in the vicinity of a school,4011
corrupting another with drugs is a felony of the first degree,4012
and, subject to division (E) of this section, the court shall4013
impose as a mandatory prison term one of the prison terms4014
prescribed for a felony of the first degree.4015

       (2) Except as otherwise provided in this division, if the4016
drug involved is any compound, mixture, preparation, or substance4017
included in schedule III, IV, or V, corrupting another with drugs4018
is a felony of the second degree, and there is a presumption for a4019
prison term for the offense. If the drug involved is any4020
compound, mixture, preparation, or substance included in schedule4021
III, IV, or V and if the offense was committed in the vicinity of4022
a school, corrupting another with drugs is a felony of the second4023
degree, and the court shall impose as a mandatory prison term one4024
of the prison terms prescribed for a felony of the second degree.4025

       (3) Except as otherwise provided in this division, if the4026
drug involved is marihuana, corrupting another with drugs is a4027
felony of the fourth degree, and division (C) of section 2929.134028
of the Revised Code applies in determining whether to impose a4029
prison term on the offender. If the drug involved is marihuana4030
and if the offense was committed in the vicinity of a school,4031
corrupting another with drugs is a felony of the third degree, and4032
division (C) of section 2929.13 of the Revised Code applies in4033
determining whether to impose a prison term on the offender.4034

       (D) In addition to any prison term authorized or required by4035
division (C) or (E) of this section and sections 2929.13 and4036
2929.14 of the Revised Code and in addition to any other sanction4037
imposed for the offense under this section or sections 2929.11 to4038
2929.18 of the Revised Code, the court that sentences an offender4039
who is convicted of or pleads guilty to a violation of division4040
(A) of this section or the clerk of that court shall do all of the4041
following that are applicable regarding the offender:4042

       (1)(a) If the violation is a felony of the first, second, or4043
third degree, the court shall impose upon the offender the4044
mandatory fine specified for the offense under division (B)(1) of4045
section 2929.18 of the Revised Code unless, as specified in that4046
division, the court determines that the offender is indigent.4047

       (b) Notwithstanding any contrary provision of section4048
3719.21 of the Revised Code, any mandatory fine imposed pursuant4049
to division (D)(1)(a) of this section and any fine imposed for a4050
violation of this section pursuant to division (A) of section4051
2929.18 of the Revised Code shall be paid by the clerk of the4052
court in accordance with and subject to the requirements of, and4053
shall be used as specified in, division (F) of section 2925.03 of4054
the Revised Code.4055

       (c) If a person is charged with any violation of this4056
section that is a felony of the first, second, or third degree,4057
posts bail, and forfeits the bail, the forfeited bail shall be4058
paid by the clerk of the court pursuant to division (D)(1)(b) of4059
this section as if it were a fine imposed for a violation of this4060
section.4061

       (2) The court either shall revoke or, if it does not revoke,4062
shall suspend for not less than six months or more than five4063
years, the driver's or commercial driver's license or permit of4064
any person who is convicted of or pleads guilty to a violation of4065
this section that is a felony of the first degree and shall4066
suspend for not less than six months nor more than five years the4067
offender's driver's or commercial driver's license or permit of4068
any person who is convicted of or pleads guilty to any other4069
violation of this section. If an offender's driver's or4070
commercial driver's license or permit is revokedsuspended4071
pursuant to this division, the offender, at any time after the4072
expiration of two years from the day on which the offender's4073
sentence was imposed or from the day on which the offender finally4074
was released from a prison term under the sentence, whichever is4075
later, may file a motion with the sentencing court requesting4076
termination of the revocationsuspension. Upon the filing of the4077
motion and the court's finding of good cause for the termination,4078
the court may terminate the revocationsuspension.4079

       (3) If the offender is a professionally licensed person or a4080
person who has been admitted to the bar by order of the supreme4081
court in compliance with its prescribed and published rules, in4082
addition to any other sanction imposed for a violation of this4083
section, the court forthwithimmediately shall comply with section4084
2925.38 of the Revised Code.4085

       (E) Notwithstanding the prison term otherwise authorized or4086
required for the offense under division (C) of this section and4087
sections 2929.13 and 2929.14 of the Revised Code, if the violation4088
of division (A) of this section involves the sale, offer to sell,4089
or possession of a schedule I or II controlled substance, with the4090
exception of marihuana, and if the court imposing sentence upon4091
the offender finds that the offender as a result of the violation4092
is a major drug offender and is guilty of a specification of the4093
type described in section 2941.1410 of the Revised Code, the4094
court, in lieu of the prison term that otherwise is authorized or4095
required, shall impose upon the offender the mandatory prison term4096
specified in division (D)(3)(a) of section 2929.14 of the Revised4097
Code and may impose an additional prison term under division4098
(D)(3)(b) of that section.4099

       Sec. 2925.03.  (A) No person shall knowingly do any of the4100
following:4101

       (1) Sell or offer to sell a controlled substance;4102

       (2) Prepare for shipment, ship, transport, deliver, prepare4103
for distribution, or distribute a controlled substance, when the4104
offender knows or has reasonable cause to believe that the4105
controlled substance is intended for sale or resale by the4106
offender or another person.4107

       (B) This section does not apply to any of the following:4108

       (1) Manufacturers, licensed health professionals authorized4109
to prescribe drugs, pharmacists, owners of pharmacies, and other4110
persons whose conduct is in accordance with Chapters 3719., 4715.,4111
4723., 4729., 4731., and 4741. of the Revised Code;4112

       (2) If the offense involves an anabolic steroid, any person4113
who is conducting or participating in a research project involving4114
the use of an anabolic steroid if the project has been approved by4115
the United States food and drug administration;4116

       (3) Any person who sells, offers for sale, prescribes,4117
dispenses, or administers for livestock or other nonhuman species4118
an anabolic steroid that is expressly intended for administration4119
through implants to livestock or other nonhuman species and4120
approved for that purpose under the "Federal Food, Drug, and4121
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,4122
and is sold, offered for sale, prescribed, dispensed, or4123
administered for that purpose in accordance with that act.4124

       (C) Whoever violates division (A) of this section is guilty4125
of one of the following:4126

       (1) If the drug involved in the violation is any compound,4127
mixture, preparation, or substance included in schedule I or4128
schedule II, with the exception of marihuana, cocaine, L.S.D.,4129
heroin, and hashish, whoever violates division (A) of this section4130
is guilty of aggravated trafficking in drugs. The penalty for the4131
offense shall be determined as follows:4132

       (a) Except as otherwise provided in division (C)(1)(b), (c),4133
(d), (e), or (f) of this section, aggravated trafficking in drugs4134
is a felony of the fourth degree, and division (C) of section4135
2929.13 of the Revised Code applies in determining whether to4136
impose a prison term on the offender.4137

       (b) Except as otherwise provided in division (C)(1)(c), (d),4138
(e), or (f) of this section, if the offense was committed in the4139
vicinity of a school or in the vicinity of a juvenile, aggravated4140
trafficking in drugs is a felony of the third degree, and division4141
(C) of section 2929.13 of the Revised Code applies in determining4142
whether to impose a prison term on the offender.4143

       (c) Except as otherwise provided in this division, if the4144
amount of the drug involved equals or exceeds the bulk amount but4145
is less than five times the bulk amount, aggravated trafficking in4146
drugs is a felony of the third degree, and the court shall impose4147
as a mandatory prison term one of the prison terms prescribed for4148
a felony of the third degree. If the amount of the drug involved4149
is within that range and if the offense was committed in the4150
vicinity of a school or in the vicinity of a juvenile, aggravated4151
trafficking in drugs is a felony of the second degree, and the4152
court shall impose as a mandatory prison term one of the prison4153
terms prescribed for a felony of the second degree.4154

       (d) Except as otherwise provided in this division, if the4155
amount of the drug involved equals or exceeds five times the bulk4156
amount but is less than fifty times the bulk amount, aggravated4157
trafficking in drugs is a felony of the second degree, and the4158
court shall impose as a mandatory prison term one of the prison4159
terms prescribed for a felony of the second degree. If the amount4160
of the drug involved is within that range and if the offense was4161
committed in the vicinity of a school or in the vicinity of a4162
juvenile, aggravated trafficking in drugs is a felony of the first4163
degree, and the court shall impose as a mandatory prison term one4164
of the prison terms prescribed for a felony of the first degree.4165

       (e) If the amount of the drug involved equals or exceeds4166
fifty times the bulk amount but is less than one hundred times the4167
bulk amount and regardless of whether the offense was committed in4168
the vicinity of a school or in the vicinity of a juvenile,4169
aggravated trafficking in drugs is a felony of the first degree,4170
and the court shall impose as a mandatory prison term one of the4171
prison terms prescribed for a felony of the first degree.4172

       (f) If the amount of the drug involved equals or exceeds one4173
hundred times the bulk amount and regardless of whether the4174
offense was committed in the vicinity of a school or in the4175
vicinity of a juvenile, aggravated trafficking in drugs is a4176
felony of the first degree, the offender is a major drug offender,4177
and the court shall impose as a mandatory prison term the maximum4178
prison term prescribed for a felony of the first degree and may4179
impose an additional prison term prescribed for a major drug4180
offender under division (D)(3)(b) of section 2929.14 of the4181
Revised Code.4182

       (2) If the drug involved in the violation is any compound,4183
mixture, preparation, or substance included in schedule III, IV,4184
or V, whoever violates division (A) of this section is guilty of4185
trafficking in drugs. The penalty for the offense shall be4186
determined as follows:4187

       (a) Except as otherwise provided in division (C)(2)(b), (c),4188
(d), or (e) of this section, trafficking in drugs is a felony of4189
the fifth degree, and division (C) of section 2929.13 of the4190
Revised Code applies in determining whether to impose a prison4191
term on the offender.4192

       (b) Except as otherwise provided in division (C)(2)(c), (d),4193
or (e) of this section, if the offense was committed in the4194
vicinity of a school or in the vicinity of a juvenile, trafficking4195
in drugs is a felony of the fourth degree, and division (C) of4196
section 2929.13 of the Revised Code applies in determining whether4197
to impose a prison term on the offender.4198

       (c) Except as otherwise provided in this division, if the4199
amount of the drug involved equals or exceeds the bulk amount but4200
is less than five times the bulk amount, trafficking in drugs is a4201
felony of the fourth degree, and there is a presumption for a4202
prison term for the offense. If the amount of the drug involved4203
is within that range and if the offense was committed in the4204
vicinity of a school or in the vicinity of a juvenile, trafficking4205
in drugs is a felony of the third degree, and there is a4206
presumption for a prison term for the offense.4207

       (d) Except as otherwise provided in this division, if the4208
amount of the drug involved equals or exceeds five times the bulk4209
amount but is less than fifty times the bulk amount, trafficking4210
in drugs is a felony of the third degree, and there is a4211
presumption for a prison term for the offense. If the amount of4212
the drug involved is within that range and if the offense was4213
committed in the vicinity of a school or in the vicinity of a4214
juvenile, trafficking in drugs is a felony of the second degree,4215
and there is a presumption for a prison term for the offense.4216

       (e) Except as otherwise provided in this division, if the4217
amount of the drug involved equals or exceeds fifty times the bulk4218
amount, trafficking in drugs is a felony of the second degree, and4219
the court shall impose as a mandatory prison term one of the4220
prison terms prescribed for a felony of the second degree. If the4221
amount of the drug involved equals or exceeds fifty times the bulk4222
amount and if the offense was committed in the vicinity of a4223
school or in the vicinity of a juvenile, trafficking in drugs is a4224
felony of the first degree, and the court shall impose as a4225
mandatory prison term one of the prison terms prescribed for a4226
felony of the first degree.4227

       (3) If the drug involved in the violation is marihuana or a4228
compound, mixture, preparation, or substance containing marihuana4229
other than hashish, whoever violates division (A) of this section4230
is guilty of trafficking in marihuana. The penalty for the4231
offense shall be determined as follows:4232

       (a) Except as otherwise provided in division (C)(3)(b), (c),4233
(d), (e), (f), or (g) of this section, trafficking in marihuana is4234
a felony of the fifth degree, and division (C) of section 2929.134235
of the Revised Code applies in determining whether to impose a4236
prison term on the offender.4237

       (b) Except as otherwise provided in division (C)(3)(c), (d),4238
(e), (f), or (g) of this section, if the offense was committed in4239
the vicinity of a school or in the vicinity of a juvenile,4240
trafficking in marihuana is a felony of the fourth degree, and4241
division (C) of section 2929.13 of the Revised Code applies in4242
determining whether to impose a prison term on the offender.4243

       (c) Except as otherwise provided in this division, if the4244
amount of the drug involved equals or exceeds two hundred grams4245
but is less than one thousand grams, trafficking in marihuana is a4246
felony of the fourth degree, and division (C) of section 2929.134247
of the Revised Code applies in determining whether to impose a4248
prison term on the offender. If the amount of the drug involved4249
is within that range and if the offense was committed in the4250
vicinity of a school or in the vicinity of a juvenile, trafficking4251
in marihuana is a felony of the third degree, and division (C) of4252
section 2929.13 of the Revised Code applies in determining whether4253
to impose a prison term on the offender.4254

       (d) Except as otherwise provided in this division, if the4255
amount of the drug involved equals or exceeds one thousand grams4256
but is less than five thousand grams, trafficking in marihuana is4257
a felony of the third degree, and division (C) of section 2929.134258
of the Revised Code applies in determining whether to impose a4259
prison term on the offender. If the amount of the drug involved4260
is within that range and if the offense was committed in the4261
vicinity of a school or in the vicinity of a juvenile, trafficking4262
in marihuana is a felony of the second degree, and there is a4263
presumption that a prison term shall be imposed for the offense.4264

       (e) Except as otherwise provided in this division, if the4265
amount of the drug involved equals or exceeds five thousand grams4266
but is less than twenty thousand grams, trafficking in marihuana4267
is a felony of the third degree, and there is a presumption that a4268
prison term shall be imposed for the offense. If the amount of4269
the drug involved is within that range and if the offense was4270
committed in the vicinity of a school or in the vicinity of a4271
juvenile, trafficking in marihuana is a felony of the second4272
degree, and there is a presumption that a prison term shall be4273
imposed for the offense.4274

       (f) Except as otherwise provided in this division, if the4275
amount of the drug involved equals or exceeds twenty thousand4276
grams, trafficking in marihuana is a felony of the second degree,4277
and the court shall impose as a mandatory prison term the maximum4278
prison term prescribed for a felony of the second degree. If the4279
amount of the drug involved equals or exceeds twenty thousand4280
grams and if the offense was committed in the vicinity of a school4281
or in the vicinity of a juvenile, trafficking in marihuana is a4282
felony of the first degree, and the court shall impose as a4283
mandatory prison term the maximum prison term prescribed for a4284
felony of the first degree.4285

       (g) Except as otherwise provided in this division, if the4286
offense involves a gift of twenty grams or less of marihuana,4287
trafficking in marihuana is a minor misdemeanor upon a first4288
offense and a misdemeanor of the third degree upon a subsequent4289
offense. If the offense involves a gift of twenty grams or less4290
of marihuana and if the offense was committed in the vicinity of a4291
school or in the vicinity of a juvenile, trafficking in marihuana4292
is a misdemeanor of the third degree.4293

       (4) If the drug involved in the violation is cocaine or a4294
compound, mixture, preparation, or substance containing cocaine,4295
whoever violates division (A) of this section is guilty of4296
trafficking in cocaine. The penalty for the offense shall be4297
determined as follows:4298

       (a) Except as otherwise provided in division (C)(4)(b), (c),4299
(d), (e), (f), or (g) of this section, trafficking in cocaine is a4300
felony of the fifth degree, and division (C) of section 2929.13 of4301
the Revised Code applies in determining whether to impose a prison4302
term on the offender.4303

       (b) Except as otherwise provided in division (C)(4)(c), (d),4304
(e), (f), or (g) of this section, if the offense was committed in4305
the vicinity of a school or in the vicinity of a juvenile,4306
trafficking in cocaine is a felony of the fourth degree, and4307
division (C) of section 2929.13 of the Revised Code applies in4308
determining whether to impose a prison term on the offender.4309

       (c) Except as otherwise provided in this division, if the4310
amount of the drug involved equals or exceeds five grams but is4311
less than ten grams of cocaine that is not crack cocaine or equals4312
or exceeds one gram but is less than five grams of crack cocaine,4313
trafficking in cocaine is a felony of the fourth degree, and there4314
is a presumption for a prison term for the offense. If the amount4315
of the drug involved is within one of those ranges and if the4316
offense was committed in the vicinity of a school or in the4317
vicinity of a juvenile, trafficking in cocaine is a felony of the4318
third degree, and there is a presumption for a prison term for the4319
offense.4320

       (d) Except as otherwise provided in this division, if the4321
amount of the drug involved equals or exceeds ten grams but is4322
less than one hundred grams of cocaine that is not crack cocaine4323
or equals or exceeds five grams but is less than ten grams of4324
crack cocaine, trafficking in cocaine is a felony of the third4325
degree, and the court shall impose as a mandatory prison term one4326
of the prison terms prescribed for a felony of the third degree.4327
If the amount of the drug involved is within one of those ranges4328
and if the offense was committed in the vicinity of a school or in4329
the vicinity of a juvenile, trafficking in cocaine is a felony of4330
the second degree, and the court shall impose as a mandatory4331
prison term one of the prison terms prescribed for a felony of the4332
second degree.4333

       (e) Except as otherwise provided in this division, if the4334
amount of the drug involved equals or exceeds one hundred grams4335
but is less than five hundred grams of cocaine that is not crack4336
cocaine or equals or exceeds ten grams but is less than4337
twenty-five grams of crack cocaine, trafficking in cocaine is a4338
felony of the second degree, and the court shall impose as a4339
mandatory prison term one of the prison terms prescribed for a4340
felony of the second degree. If the amount of the drug involved4341
is within one of those ranges and if the offense was committed in4342
the vicinity of a school or in the vicinity of a juvenile,4343
trafficking in cocaine is a felony of the first degree, and the4344
court shall impose as a mandatory prison term one of the prison4345
terms prescribed for a felony of the first degree.4346

       (f) If the amount of the drug involved equals or exceeds4347
five hundred grams but is less than one thousand grams of cocaine4348
that is not crack cocaine or equals or exceeds twenty-five grams4349
but is less than one hundred grams of crack cocaine and regardless4350
of whether the offense was committed in the vicinity of a school4351
or in the vicinity of a juvenile, trafficking in cocaine is a4352
felony of the first degree, and the court shall impose as a4353
mandatory prison term one of the prison terms prescribed for a4354
felony of the first degree.4355

       (g) If the amount of the drug involved equals or exceeds one4356
thousand grams of cocaine that is not crack cocaine or equals or4357
exceeds one hundred grams of crack cocaine and regardless of4358
whether the offense was committed in the vicinity of a school or4359
in the vicinity of a juvenile, trafficking in cocaine is a felony4360
of the first degree, the offender is a major drug offender, and4361
the court shall impose as a mandatory prison term the maximum4362
prison term prescribed for a felony of the first degree and may4363
impose an additional mandatory prison term prescribed for a major4364
drug offender under division (D)(3)(b) of section 2929.14 of the4365
Revised Code.4366

       (5) If the drug involved in the violation is L.S.D. or a4367
compound, mixture, preparation, or substance containing L.S.D.,4368
whoever violates division (A) of this section is guilty of4369
trafficking in L.S.D. The penalty for the offense shall be4370
determined as follows:4371

       (a) Except as otherwise provided in division (C)(5)(b), (c),4372
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a4373
felony of the fifth degree, and division (C) of section 2929.13 of4374
the Revised Code applies in determining whether to impose a prison4375
term on the offender.4376

       (b) Except as otherwise provided in division (C)(5)(c), (d),4377
(e), (f), or (g) of this section, if the offense was committed in4378
the vicinity of a school or in the vicinity of a juvenile,4379
trafficking in L.S.D. is a felony of the fourth degree, and4380
division (C) of section 2929.13 of the Revised Code applies in4381
determining whether to impose a prison term on the offender.4382

       (c) Except as otherwise provided in this division, if the4383
amount of the drug involved equals or exceeds ten unit doses but4384
is less than fifty unit doses of L.S.D. in a solid form or equals4385
or exceeds one gram but is less than five grams of L.S.D. in a4386
liquid concentrate, liquid extract, or liquid distillate form,4387
trafficking in L.S.D. is a felony of the fourth degree, and there4388
is a presumption for a prison term for the offense. If the amount4389
of the drug involved is within that range and if the offense was4390
committed in the vicinity of a school or in the vicinity of a4391
juvenile, trafficking in L.S.D. is a felony of the third degree,4392
and there is a presumption for a prison term for the offense.4393

       (d) Except as otherwise provided in this division, if the4394
amount of the drug involved equals or exceeds fifty unit doses but4395
is less than two hundred fifty unit doses of L.S.D. in a solid4396
form or equals or exceeds five grams but is less than twenty-five4397
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid4398
distillate form, trafficking in L.S.D. is a felony of the third4399
degree, and the court shall impose as a mandatory prison term one4400
of the prison terms prescribed for a felony of the third degree.4401
If the amount of the drug involved is within that range and if the4402
offense was committed in the vicinity of a school or in the4403
vicinity of a juvenile, trafficking in L.S.D. is a felony of the4404
second degree, and the court shall impose as a mandatory prison4405
term one of the prison terms prescribed for a felony of the second4406
degree.4407

       (e) Except as otherwise provided in this division, if the4408
amount of the drug involved equals or exceeds two hundred fifty4409
unit doses but is less than one thousand unit doses of L.S.D. in a4410
solid form or equals or exceeds twenty-five grams but is less than4411
one hundred grams of L.S.D. in a liquid concentrate, liquid4412
extract, or liquid distillate form, trafficking in L.S.D. is a4413
felony of the second degree, and the court shall impose as a4414
mandatory prison term one of the prison terms prescribed for a4415
felony of the second degree. If the amount of the drug involved4416
is within that range and if the offense was committed in the4417
vicinity of a school or in the vicinity of a juvenile, trafficking4418
in L.S.D. is a felony of the first degree, and the court shall4419
impose as a mandatory prison term one of the prison terms4420
prescribed for a felony of the first degree.4421

       (f) If the amount of the drug involved equals or exceeds one4422
thousand unit doses but is less than five thousand unit doses of4423
L.S.D. in a solid form or equals or exceeds one hundred grams but4424
is less than five hundred grams of L.S.D. in a liquid concentrate,4425
liquid extract, or liquid distillate form and regardless of4426
whether the offense was committed in the vicinity of a school or4427
in the vicinity of a juvenile, trafficking in L.S.D. is a felony4428
of the first degree, and the court shall impose as a mandatory4429
prison term one of the prison terms prescribed for a felony of the4430
first degree.4431

       (g) If the amount of the drug involved equals or exceeds4432
five thousand unit doses of L.S.D. in a solid form or equals or4433
exceeds five hundred grams of L.S.D. in a liquid concentrate,4434
liquid extract, or liquid distillate form and regardless of4435
whether the offense was committed in the vicinity of a school or4436
in the vicinity of a juvenile, trafficking in L.S.D. is a felony4437
of the first degree, the offender is a major drug offender, and4438
the court shall impose as a mandatory prison term the maximum4439
prison term prescribed for a felony of the first degree and may4440
impose an additional mandatory prison term prescribed for a major4441
drug offender under division (D)(3)(b) of section 2929.14 of the4442
Revised Code.4443

       (6) If the drug involved in the violation is heroin or a4444
compound, mixture, preparation, or substance containing heroin,4445
whoever violates division (A) of this section is guilty of4446
trafficking in heroin. The penalty for the offense shall be4447
determined as follows:4448

       (a) Except as otherwise provided in division (C)(6)(b), (c),4449
(d), (e), (f), or (g) of this section, trafficking in heroin is a4450
felony of the fifth degree, and division (C) of section 2929.13 of4451
the Revised Code applies in determining whether to impose a prison4452
term on the offender.4453

       (b) Except as otherwise provided in division (C)(6)(c), (d),4454
(e), (f), or (g) of this section, if the offense was committed in4455
the vicinity of a school or in the vicinity of a juvenile,4456
trafficking in heroin is a felony of the fourth degree, and4457
division (C) of section 2929.13 of the Revised Code applies in4458
determining whether to impose a prison term on the offender.4459

       (c) Except as otherwise provided in this division, if the4460
amount of the drug involved equals or exceeds ten unit doses but4461
is less than fifty unit doses or equals or exceeds one gram but is4462
less than five grams, trafficking in heroin is a felony of the4463
fourth degree, and there is a presumption for a prison term for4464
the offense. If the amount of the drug involved is within that4465
range and if the offense was committed in the vicinity of a school4466
or in the vicinity of a juvenile, trafficking in heroin is a4467
felony of the third degree, and there is a presumption for a4468
prison term for the offense.4469

       (d) Except as otherwise provided in this division, if the4470
amount of the drug involved equals or exceeds fifty unit doses but4471
is less than one hundred unit doses or equals or exceeds five4472
grams but is less than ten grams, trafficking in heroin is a4473
felony of the third degree, and there is a presumption for a4474
prison term for the offense. If the amount of the drug involved4475
is within that range and if the offense was committed in the4476
vicinity of a school or in the vicinity of a juvenile, trafficking4477
in heroin is a felony of the second degree, and there is a4478
presumption for a prison term for the offense.4479

       (e) Except as otherwise provided in this division, if the4480
amount of the drug involved equals or exceeds one hundred unit4481
doses but is less than five hundred unit doses or equals or4482
exceeds ten grams but is less than fifty grams, trafficking in4483
heroin is a felony of the second degree, and the court shall4484
impose as a mandatory prison term one of the prison terms4485
prescribed for a felony of the second degree. If the amount of4486
the drug involved is within that range and if the offense was4487
committed in the vicinity of a school or in the vicinity of a4488
juvenile, trafficking in heroin is a felony of the first degree,4489
and the court shall impose as a mandatory prison term one of the4490
prison terms prescribed for a felony of the first degree.4491

       (f) If the amount of the drug involved equals or exceeds4492
five hundred unit doses but is less than two thousand five hundred4493
unit doses or equals or exceeds fifty grams but is less than two4494
hundred fifty grams and regardless of whether the offense was4495
committed in the vicinity of a school or in the vicinity of a4496
juvenile, trafficking in heroin is a felony of the first degree,4497
and the court shall impose as a mandatory prison term one of the4498
prison terms prescribed for a felony of the first degree.4499

       (g) If the amount of the drug involved equals or exceeds two4500
thousand five hundred unit doses or equals or exceeds two hundred4501
fifty grams and regardless of whether the offense was committed in4502
the vicinity of a school or in the vicinity of a juvenile,4503
trafficking in heroin is a felony of the first degree, the4504
offender is a major drug offender, and the court shall impose as a4505
mandatory prison term the maximum prison term prescribed for a4506
felony of the first degree and may impose an additional mandatory4507
prison term prescribed for a major drug offender under division4508
(D)(3)(b) of section 2929.14 of the Revised Code.4509

       (7) If the drug involved in the violation is hashish or a4510
compound, mixture, preparation, or substance containing hashish,4511
whoever violates division (A) of this section is guilty of4512
trafficking in hashish. The penalty for the offense shall be4513
determined as follows:4514

       (a) Except as otherwise provided in division (C)(7)(b), (c),4515
(d), (e), or (f) of this section, trafficking in hashish is a4516
felony of the fifth degree, and division (C) of section 2929.13 of4517
the Revised Code applies in determining whether to impose a prison4518
term on the offender.4519

       (b) Except as otherwise provided in division (C)(7)(c), (d),4520
(e), or (f) of this section, if the offense was committed in the4521
vicinity of a school or in the vicinity of a juvenile, trafficking4522
in hashish is a felony of the fourth degree, and division (C) of4523
section 2929.13 of the Revised Code applies in determining whether4524
to impose a prison term on the offender.4525

       (c) Except as otherwise provided in this division, if the4526
amount of the drug involved equals or exceeds ten grams but is4527
less than fifty grams of hashish in a solid form or equals or4528
exceeds two grams but is less than ten grams of hashish in a4529
liquid concentrate, liquid extract, or liquid distillate form,4530
trafficking in hashish is a felony of the fourth degree, and4531
division (C) of section 2929.13 of the Revised Code applies in4532
determining whether to impose a prison term on the offender. If4533
the amount of the drug involved is within that range and if the4534
offense was committed in the vicinity of a school or in the4535
vicinity of a juvenile, trafficking in hashish is a felony of the4536
third degree, and division (C) of section 2929.13 of the Revised4537
Code applies in determining whether to impose a prison term on the4538
offender.4539

       (d) Except as otherwise provided in this division, if the4540
amount of the drug involved equals or exceeds fifty grams but is4541
less than two hundred fifty grams of hashish in a solid form or4542
equals or exceeds ten grams but is less than fifty grams of4543
hashish in a liquid concentrate, liquid extract, or liquid4544
distillate form, trafficking in hashish is a felony of the third4545
degree, and division (C) of section 2929.13 of the Revised Code4546
applies in determining whether to impose a prison term on the4547
offender. If the amount of the drug involved is within that range4548
and if the offense was committed in the vicinity of a school or in4549
the vicinity of a juvenile, trafficking in hashish is a felony of4550
the second degree, and there is a presumption that a prison term4551
shall be imposed for the offense.4552

       (e) Except as otherwise provided in this division, if the4553
amount of the drug involved equals or exceeds two hundred fifty4554
grams but is less than one thousand grams of hashish in a solid4555
form or equals or exceeds fifty grams but is less than two hundred4556
grams of hashish in a liquid concentrate, liquid extract, or4557
liquid distillate form, trafficking in hashish is a felony of the4558
third degree, and there is a presumption that a prison term shall4559
be imposed for the offense. If the amount of the drug involved is4560
within that range and if the offense was committed in the vicinity4561
of a school or in the vicinity of a juvenile, trafficking in4562
hashish is a felony of the second degree, and there is a4563
presumption that a prison term shall be imposed for the offense.4564

       (f) Except as otherwise provided in this division, if the4565
amount of the drug involved equals or exceeds one thousand grams4566
of hashish in a solid form or equals or exceeds two hundred grams4567
of hashish in a liquid concentrate, liquid extract, or liquid4568
distillate form, trafficking in hashish is a felony of the second4569
degree, and the court shall impose as a mandatory prison term the4570
maximum prison term prescribed for a felony of the second degree.4571
If the amount of the drug involved is within that range and if the4572
offense was committed in the vicinity of a school or in the4573
vicinity of a juvenile, trafficking in hashish is a felony of the4574
first degree, and the court shall impose as a mandatory prison4575
term the maximum prison term prescribed for a felony of the first4576
degree.4577

       (D) In addition to any prison term authorized or required by4578
division (C) of this section and sections 2929.13 and 2929.14 of4579
the Revised Code, and in addition to any other sanction imposed4580
for the offense under this section or sections 2929.11 to 2929.184581
of the Revised Code, the court that sentences an offender who is4582
convicted of or pleads guilty to a violation of division (A) of4583
this section shall do all of the following that are applicable4584
regarding the offender:4585

       (1) If the violation of division (A) of this section is a4586
felony of the first, second, or third degree, the court shall4587
impose upon the offender the mandatory fine specified for the4588
offense under division (B)(1) of section 2929.18 of the Revised4589
Code unless, as specified in that division, the court determines4590
that the offender is indigent. Except as otherwise provided in4591
division (H)(1) of this section, a mandatory fine or any other4592
fine imposed for a violation of this section is subject to4593
division (F) of this section. If a person is charged with a4594
violation of this section that is a felony of the first, second,4595
or third degree, posts bail, and forfeits the bail, the clerk of4596
the court shall pay the forfeited bail pursuant to divisions4597
(D)(1) and (F) of this section, as if the forfeited bail was a4598
fine imposed for a violation of this section. If any amount of4599
the forfeited bail remains after that payment and if a fine is4600
imposed under division (H)(1) of this section, the clerk of the4601
court shall pay the remaining amount of the forfeited bail4602
pursuant to divisions (H)(2) and (3) of this section, as if that4603
remaining amount was a fine imposed under division (H)(1) of this4604
section.4605

       (2) The court shall revoke or suspend the driver's or4606
commercial driver's license or permit of the offender in4607
accordance with division (G) of this section.4608

       (3) If the offender is a professionally licensed person or a4609
person who has been admitted to the bar by order of the supreme4610
court in compliance with its prescribed and published rules, the4611
court forthwithimmediately shall comply with section 2925.38 of4612
the Revised Code.4613

       (E) When a person is charged with the sale of or offer to4614
sell a bulk amount or a multiple of a bulk amount of a controlled4615
substance, the jury, or the court trying the accused, shall4616
determine the amount of the controlled substance involved at the4617
time of the offense and, if a guilty verdict is returned, shall4618
return the findings as part of the verdict. In any such case, it4619
is unnecessary to find and return the exact amount of the4620
controlled substance involved, and it is sufficient if the finding4621
and return is to the effect that the amount of the controlled4622
substance involved is the requisite amount, or that the amount of4623
the controlled substance involved is less than the requisite4624
amount.4625

       (F)(1) Notwithstanding any contrary provision of section4626
3719.21 of the Revised Code and except as provided in division (H)4627
of this section, the clerk of the court shall pay any mandatory4628
fine imposed pursuant to division (D)(1) of this section and any4629
fine other than a mandatory fine that is imposed for a violation4630
of this section pursuant to division (A) or (B)(5) of section4631
2929.18 of the Revised Code to the county, township, municipal4632
corporation, park district, as created pursuant to section 511.184633
or 1545.04 of the Revised Code, or state law enforcement agencies4634
in this state that primarily were responsible for or involved in4635
making the arrest of, and in prosecuting, the offender. However,4636
the clerk shall not pay a mandatory fine so imposed to a law4637
enforcement agency unless the agency has adopted a written4638
internal control policy under division (F)(2) of this section that4639
addresses the use of the fine moneys that it receives. Each4640
agency shall use the mandatory fines so paid to subsidize the4641
agency's law enforcement efforts that pertain to drug offenses, in4642
accordance with the written internal control policy adopted by the4643
recipient agency under division (F)(2) of this section.4644

       (2)(a) Prior to receiving any fine moneys under division4645
(F)(1) of this section or division (B)(5) of section 2925.42 of4646
the Revised Code, a law enforcement agency shall adopt a written4647
internal control policy that addresses the agency's use and4648
disposition of all fine moneys so received and that provides for4649
the keeping of detailed financial records of the receipts of those4650
fine moneys, the general types of expenditures made out of those4651
fine moneys, and the specific amount of each general type of4652
expenditure. The policy shall not provide for or permit the4653
identification of any specific expenditure that is made in an4654
ongoing investigation. All financial records of the receipts of4655
those fine moneys, the general types of expenditures made out of4656
those fine moneys, and the specific amount of each general type of4657
expenditure by an agency are public records open for inspection4658
under section 149.43 of the Revised Code. Additionally, a written4659
internal control policy adopted under this division is such a4660
public record, and the agency that adopted it shall comply with4661
it.4662

       (b) Each law enforcement agency that receives in any4663
calendar year any fine moneys under division (F)(1) of this4664
section or division (B)(5) of section 2925.42 of the Revised Code4665
shall prepare a report covering the calendar year that cumulates4666
all of the information contained in all of the public financial4667
records kept by the agency pursuant to division (F)(2)(a) of this4668
section for that calendar year, and shall send a copy of the4669
cumulative report, no later than the first day of March in the4670
calendar year following the calendar year covered by the report,4671
to the attorney general. Each report received by the attorney4672
general is a public record open for inspection under section4673
149.43 of the Revised Code. Not later than the fifteenth day of4674
April in the calendar year in which the reports are received, the4675
attorney general shall send to the president of the senate and the4676
speaker of the house of representatives a written notification4677
that does all of the following:4678

       (i) Indicates that the attorney general has received from4679
law enforcement agencies reports of the type described in this4680
division that cover the previous calendar year and indicates that4681
the reports were received under this division;4682

       (ii) Indicates that the reports are open for inspection4683
under section 149.43 of the Revised Code;4684

       (iii) Indicates that the attorney general will provide a4685
copy of any or all of the reports to the president of the senate4686
or the speaker of the house of representatives upon request.4687

       (3) As used in division (F) of this section:4688

       (a) "Law enforcement agencies" includes, but is not limited4689
to, the state board of pharmacy and the office of a prosecutor.4690

       (b) "Prosecutor" has the same meaning as in section 2935.014691
of the Revised Code.4692

       (G) When required under division (D)(2) of this section or4693
any other provision of this chapter, the court either shall revoke4694
or, if it does not revoke, shall suspend for not less than six4695
months or more than five years, the driver's or commercial4696
driver's license or permit of any person who is convicted of or4697
pleads guilty to a violation of this section that is a felony of4698
the first degree and shall suspend for not less than six months or4699
more than five years the driver's or commercial driver's license4700
or permit of any person who is convicted of or pleads guilty to4701
any other violation of this section or any other specified4702
provision of this chapter. If an offender's driver's or4703
commercial driver's license or permit is revokedsuspended4704
pursuant to this division, the offender, at any time after the4705
expiration of two years from the day on which the offender's4706
sentence was imposed or from the day on which the offender finally4707
was released from a prison term under the sentence, whichever is4708
later, may file a motion with the sentencing court requesting4709
termination of the revocationsuspension; upon the filing of such4710
a motion and the court's finding of good cause for the4711
termination, the court may terminate the revocationsuspension.4712

       (H)(1) In addition to any prison term authorized or required4713
by division (C) of this section and sections 2929.13 and 2929.144714
of the Revised Code, in addition to any other penalty or sanction4715
imposed for the offense under this section or sections 2929.11 to4716
2929.18 of the Revised Code, and in addition to the forfeiture of4717
property in connection with the offense as prescribed in sections4718
2925.42 to 2925.45 of the Revised Code, the court that sentences4719
an offender who is convicted of or pleads guilty to a violation of4720
division (A) of this section may impose upon the offender an4721
additional fine specified for the offense in division (B)(4) of4722
section 2929.18 of the Revised Code. A fine imposed under4723
division (H)(1) of this section is not subject to division (F) of4724
this section and shall be used solely for the support of one or4725
more eligible alcohol and drug addiction programs in accordance4726
with divisions (H)(2) and (3) of this section.4727

       (2) The court that imposes a fine under division (H)(1) of4728
this section shall specify in the judgment that imposes the fine4729
one or more eligible alcohol and drug addiction programs for the4730
support of which the fine money is to be used. No alcohol and4731
drug addiction program shall receive or use money paid or4732
collected in satisfaction of a fine imposed under division (H)(1)4733
of this section unless the program is specified in the judgment4734
that imposes the fine. No alcohol and drug addiction program4735
shall be specified in the judgment unless the program is an4736
eligible alcohol and drug addiction program and, except as4737
otherwise provided in division (H)(2) of this section, unless the4738
program is located in the county in which the court that imposes4739
the fine is located or in a county that is immediately contiguous4740
to the county in which that court is located. If no eligible4741
alcohol and drug addiction program is located in any of those4742
counties, the judgment may specify an eligible alcohol and drug4743
addiction program that is located anywhere within this state.4744

       (3) Notwithstanding any contrary provision of section4745
3719.21 of the Revised Code, the clerk of the court shall pay any4746
fine imposed under division (H)(1) of this section to the eligible4747
alcohol and drug addiction program specified pursuant to division4748
(H)(2) of this section in the judgment. The eligible alcohol and4749
drug addiction program that receives the fine moneys shall use the4750
moneys only for the alcohol and drug addiction services identified4751
in the application for certification under section 3793.06 of the4752
Revised Code or in the application for a license under section4753
3793.11 of the Revised Code filed with the department of alcohol4754
and drug addiction services by the alcohol and drug addiction4755
program specified in the judgment.4756

       (4) Each alcohol and drug addiction program that receives in4757
a calendar year any fine moneys under division (H)(3) of this4758
section shall file an annual report covering that calendar year4759
with the court of common pleas and the board of county4760
commissioners of the county in which the program is located, with4761
the court of common pleas and the board of county commissioners of4762
each county from which the program received the moneys if that4763
county is different from the county in which the program is4764
located, and with the attorney general. The alcohol and drug4765
addiction program shall file the report no later than the first4766
day of March in the calendar year following the calendar year in4767
which the program received the fine moneys. The report shall4768
include statistics on the number of persons served by the alcohol4769
and drug addiction program, identify the types of alcohol and drug4770
addiction services provided to those persons, and include a4771
specific accounting of the purposes for which the fine moneys4772
received were used. No information contained in the report shall4773
identify, or enable a person to determine the identity of, any4774
person served by the alcohol and drug addiction program. Each4775
report received by a court of common pleas, a board of county4776
commissioners, or the attorney general is a public record open for4777
inspection under section 149.43 of the Revised Code.4778

       (5) As used in divisions (H)(1) to (5) of this section:4779

       (a) "Alcohol and drug addiction program" and "alcohol and4780
drug addiction services" have the same meanings as in section4781
3793.01 of the Revised Code.4782

       (b) "Eligible alcohol and drug addiction program" means an4783
alcohol and drug addiction program that is certified under section4784
3793.06 of the Revised Code or licensed under section 3793.11 of4785
the Revised Code by the department of alcohol and drug addiction4786
services.4787

       Sec. 2925.04.  (A) No person shall knowingly cultivate4788
marihuana or knowingly manufacture or otherwise engage in any part4789
of the production of a controlled substance.4790

       (B) This section does not apply to any person listed in4791
division (B)(1), (2), or (3) of section 2925.03 of the Revised4792
Code to the extent and under the circumstances described in those4793
divisions.4794

       (C)(1) Whoever commits a violation of division (A) of this4795
section that involves any drug other than marihuana is guilty of4796
illegal manufacture of drugs, and whoever commits a violation of4797
division (A) of this section that involves marihuana is guilty of4798
illegal cultivation of marihuana.4799

       (2) Except as otherwise provided in this division, if the4800
drug involved in the violation of division (A) of this section is4801
any compound, mixture, preparation, or substance included in4802
schedule I or II, with the exception of marihuana, illegal4803
manufacture of drugs is a felony of the second degree, and,4804
subject to division (E) of this section, the court shall impose as4805
a mandatory prison term one of the prison terms prescribed for a4806
felony of the second degree. If the drug involved in the violation4807
is methamphetamine, any salt, isomer, or salt of an isomer of4808
methamphetamine, or any compound, mixture, preparation, or4809
substance containing methamphetamine or any salt, isomer, or salt4810
of an isomer of methamphetamine and if the offense was committed4811
in the vicinity of a juvenile, in the vicinity of a school, or on4812
public premises, illegal manufacture of drugs is a felony of the4813
first degree, and, subject to division (E) of this section, the4814
court shall impose as a mandatory prison term one of the prison4815
terms prescribed for a felony of the first degree.4816

       (3) If the drug involved in the violation of division (A) of4817
this section is any compound, mixture, preparation, or substance4818
included in schedule III, IV, or V, illegal manufacture of drugs4819
is a felony of the third degree, and there is a presumption for a4820
prison term for the offense.4821

       (4) If the drug involved in the violation is marihuana, the4822
penalty for the offense shall be determined as follows:4823

       (a) Except as otherwise provided in division (C)(4)(b), (c),4824
(d), (e), or (f) of this section, illegal cultivation of marihuana4825
is a minor misdemeanor.4826

       (b) If the amount of marihuana involved equals or exceeds4827
one hundred grams but is less than two hundred grams, illegal4828
cultivation of marihuana is a misdemeanor of the fourth degree.4829

       (c) If the amount of marihuana involved equals or exceeds4830
two hundred grams but is less than one thousand grams, illegal4831
cultivation of marihuana is a felony of the fifth degree, and4832
division (B) of section 2929.13 of the Revised Code applies in4833
determining whether to impose a prison term on the offender.4834

       (d) If the amount of marihuana involved equals or exceeds4835
one thousand grams but is less than five thousand grams, illegal4836
cultivation of marihuana is a felony of the third degree, and4837
division (C) of section 2929.13 of the Revised Code applies in4838
determining whether to impose a prison term on the offender.4839

       (e) If the amount of marihuana involved equals or exceeds4840
five thousand grams but is less than twenty thousand grams,4841
illegal cultivation of marihuana is a felony of the third degree,4842
and there is a presumption for a prison term for the offense.4843

       (f) If the amount of marihuana involved equals or exceeds4844
twenty thousand grams, illegal cultivation of marihuana is a4845
felony of the second degree, and the court shall impose as a4846
mandatory prison term the maximum prison term prescribed for a4847
felony of the second degree.4848

       (D) In addition to any prison term authorized or required by4849
division (C) or (E) of this section and sections 2929.13 and4850
2929.14 of the Revised Code and in addition to any other sanction4851
imposed for the offense under this section or sections 2929.11 to4852
2929.18 of the Revised Code, the court that sentences an offender4853
who is convicted of or pleads guilty to a violation of division4854
(A) of this section shall do all of the following that are4855
applicable regarding the offender:4856

       (1) If the violation of division (A) of this section is a4857
felony of the first, second, or third degree, the court shall4858
impose upon the offender the mandatory fine specified for the4859
offense under division (B)(1) of section 2929.18 of the Revised4860
Code unless, as specified in that division, the court determines4861
that the offender is indigent. The clerk of the court shall pay a4862
mandatory fine or other fine imposed for a violation of this4863
section pursuant to division (A) of section 2929.18 of the Revised4864
Code in accordance with and subject to the requirements of4865
division (F) of section 2925.03 of the Revised Code. The agency4866
that receives the fine shall use the fine as specified in division4867
(F) of section 2925.03 of the Revised Code. If a person is4868
charged with a violation of this section that is a felony of the4869
first, second, or third degree, posts bail, and forfeits the bail,4870
the clerk shall pay the forfeited bail as if the forfeited bail4871
were a fine imposed for a violation of this section.4872

       (2) The court shall revoke or suspend the offender's4873
driver's or commercial driver's license or permit in accordance4874
with division (G) of section 2925.03 of the Revised Code. If an4875
offender's driver's or commercial driver's license or permit is4876
revokedsuspended in accordance with that division, the offender4877
may request termination of, and the court may terminate, the4878
revocationsuspension in accordance with that division.4879

       (3) If the offender is a professionally licensed person or a4880
person who has been admitted to the bar by order of the supreme4881
court in compliance with its prescribed and published rules, the4882
court immediately shall comply with section 2925.38 of the Revised4883
Code.4884

       (E) Notwithstanding the prison term otherwise authorized or4885
required for the offense under division (C) of this section and4886
sections 2929.13 and 2929.14 of the Revised Code, if the violation4887
of division (A) of this section involves the sale, offer to sell,4888
or possession of a schedule I or II controlled substance, with the4889
exception of marihuana, and if the court imposing sentence upon4890
the offender finds that the offender as a result of the violation4891
is a major drug offender and is guilty of a specification of the4892
type described in section 2941.1410 of the Revised Code, the4893
court, in lieu of the prison term otherwise authorized or4894
required, shall impose upon the offender the mandatory prison term4895
specified in division (D)(3)(a) of section 2929.14 of the Revised4896
Code and may impose an additional prison term under division4897
(D)(3)(b) of that section.4898

       (F) It is an affirmative defense, as provided in section4899
2901.05 of the Revised Code, to a charge under this section for a4900
fifth degree felony violation of illegal cultivation of marihuana4901
that the marihuana that gave rise to the charge is in an amount,4902
is in a form, is prepared, compounded, or mixed with substances4903
that are not controlled substances in a manner, or is possessed or4904
cultivated under any other circumstances that indicate that the4905
marihuana was solely for personal use.4906

       Notwithstanding any contrary provision of division (F) of4907
this section, if, in accordance with section 2901.05 of the4908
Revised Code, a person who is charged with a violation of illegal4909
cultivation of marihuana that is a felony of the fifth degree4910
sustains the burden of going forward with evidence of and4911
establishes by a preponderance of the evidence the affirmative4912
defense described in this division, the person may be prosecuted4913
for and may be convicted of or plead guilty to a misdemeanor4914
violation of illegal cultivation of marihuana.4915

       (G) Arrest or conviction for a minor misdemeanor violation4916
of this section does not constitute a criminal record and need not4917
be reported by the person so arrested or convicted in response to4918
any inquiries about the person's criminal record, including any4919
inquiries contained in an application for employment, a license,4920
or any other right or privilege or made in connection with the4921
person's appearance as a witness.4922

       Sec. 2925.05.  (A) No person shall knowingly provide money4923
or other items of value to another person with the purpose that4924
the recipient of the money or items of value use them to obtain4925
any controlled substance for the purpose of violating section4926
2925.04 of the Revised Code or for the purpose of selling or4927
offering to sell the controlled substance in the following amount:4928

       (1) If the drug to be sold or offered for sale is any4929
compound, mixture, preparation, or substance included in schedule4930
I or II, with the exception of marihuana, cocaine, L.S.D., heroin,4931
and hashish, or schedule III, IV, or V, an amount of the drug that4932
equals or exceeds the bulk amount of the drug;4933

       (2) If the drug to be sold or offered for sale is marihuana4934
or a compound, mixture, preparation, or substance other than4935
hashish containing marihuana, an amount of the marihuana that4936
equals or exceeds two hundred grams;4937

       (3) If the drug to be sold or offered for sale is cocaine or4938
a compound, mixture, preparation, or substance containing cocaine,4939
an amount of the cocaine that equals or exceeds five grams if the4940
cocaine is not crack cocaine or equals or exceeds one gram if the4941
cocaine is crack cocaine;4942

       (4) If the drug to be sold or offered for sale is L.S.D. or4943
a compound, mixture, preparation, or substance containing L.S.D.,4944
an amount of the L.S.D. that equals or exceeds ten unit doses if4945
the L.S.D. is in a solid form or equals or exceeds one gram if the4946
L.S.D. is in a liquid concentrate, liquid extract, or liquid4947
distillate form;4948

       (5) If the drug to be sold or offered for sale is heroin or4949
a compound, mixture, preparation, or substance containing heroin,4950
an amount of the heroin that equals or exceeds ten unit doses or4951
equals or exceeds one gram;4952

       (6) If the drug to be sold or offered for sale is hashish or4953
a compound, mixture, preparation, or substance containing hashish,4954
an amount of the hashish that equals or exceeds ten grams if the4955
hashish is in a solid form or equals or exceeds two grams if the4956
hashish is in a liquid concentrate, liquid extract, or liquid4957
distillate form.4958

       (B) This section does not apply to any person listed in4959
division (B)(1), (2), or (3) of section 2925.03 of the Revised4960
Code to the extent and under the circumstances described in those4961
divisions.4962

       (C)(1) If the drug involved in the violation is any4963
compound, mixture, preparation, or substance included in schedule4964
I or II, with the exception of marihuana, whoever violates4965
division (A) of this section is guilty of aggravated funding of4966
drug trafficking, a felony of the first degree, and, subject to4967
division (E) of this section, the court shall impose as a4968
mandatory prison term one of the prison terms prescribed for a4969
felony of the first degree.4970

       (2) If the drug involved in the violation is any compound,4971
mixture, preparation, or substance included in schedule III, IV,4972
or V, whoever violates division (A) of this section is guilty of4973
funding of drug trafficking, a felony of the second degree, and4974
the court shall impose as a mandatory prison term one of the4975
prison terms prescribed for a felony of the second degree.4976

       (3) If the drug involved in the violation is marihuana,4977
whoever violates division (A) of this section is guilty of funding4978
of marihuana trafficking, a felony of the third degree, and the4979
court shall impose as a mandatory prison term one of the prison4980
terms prescribed for a felony of the third degree.4981

       (D) In addition to any prison term authorized or required by4982
division (C) or (E) of this section and sections 2929.13 and4983
2929.14 of the Revised Code and in addition to any other sanction4984
imposed for the offense under this section or sections 2929.11 to4985
2929.18 of the Revised Code, the court that sentences an offender4986
who is convicted of or pleads guilty to a violation of division4987
(A) of this section shall do all of the following that are4988
applicable regarding the offender:4989

       (1) The court shall impose the mandatory fine specified for4990
the offense under division (B)(1) of section 2929.18 of the4991
Revised Code unless, as specified in that division, the court4992
determines that the offender is indigent. The clerk of the court4993
shall pay a mandatory fine or other fine imposed for a violation4994
of this section pursuant to division (A) of section 2929.18 of the4995
Revised Code in accordance with and subject to the requirements of4996
division (F) of section 2925.03 of the Revised Code. The agency4997
that receives the fine shall use the fine in accordance with4998
division (F) of section 2925.03 of the Revised Code. If a person4999
is charged with a violation of this section, posts bail, and5000
forfeits the bail, the forfeited bail shall be paid as if the5001
forfeited bail were a fine imposed for a violation of this5002
section.5003

       (2) The court shall revoke or suspend the offender's5004
driver's or commercial driver's license or permit in accordance5005
with division (G) of section 2925.03 of the Revised Code. If an5006
offender's driver's or commercial driver's license or permit is5007
revokedsuspended in accordance with that division, the offender5008
may request termination of, and the court may terminate, the5009
revocationsuspension in accordance with that division.5010

       (3) If the offender is a professionally licensed person or a5011
person who has been admitted to the bar by order of the supreme5012
court in compliance with its prescribed and published rules, the5013
court immediately shall comply with section 2925.38 of the Revised5014
Code.5015

       (E) Notwithstanding the prison term otherwise authorized or5016
required for the offense under division (C) of this section and5017
sections 2929.13 and 2929.14 of the Revised Code, if the violation5018
of division (A) of this section involves the sale, offer to sell,5019
or possession of a schedule I or II controlled substance, with the5020
exception of marihuana, and if the court imposing sentence upon5021
the offender finds that the offender as a result of the violation5022
is a major drug offender and is guilty of a specification of the5023
type described in section 2941.1410 of the Revised Code, the5024
court, in lieu of the prison term otherwise authorized or5025
required, shall impose upon the offender the mandatory prison term5026
specified in division (D)(3)(a) of section 2929.14 of the Revised5027
Code and may impose an additional prison term under division5028
(D)(3)(b) of that section.5029

       Sec. 2925.06.  (A) No person shall knowingly administer to a5030
human being, or prescribe or dispense for administration to a5031
human being, any anabolic steroid not approved by the United5032
States food and drug administration for administration to human5033
beings.5034

       (B) This section does not apply to any person listed in5035
division (B)(1), (2), or (3) of section 2925.03 of the Revised5036
Code to the extent and under the circumstances described in those5037
divisions.5038

       (C) Whoever violates division (A) of this section is guilty5039
of illegal administration or distribution of anabolic steroids, a5040
felony of the fourth degree, and division (C) of section 2929.135041
of the Revised Code applies in determining whether to impose a5042
prison term on the offender.5043

       (D) In addition to any prison term authorized or required by5044
division (C) of this section and sections 2929.13 and 2929.14 of5045
the Revised Code and in addition to any other sanction imposed for5046
the offense under this section or sections 2929.11 to 2929.18 of5047
the Revised Code, the court that sentences an offender who is5048
convicted of or pleads guilty to a violation of division (A) of5049
this section shall do both of the following:5050

       (1) The court shall revoke or suspend the offender's5051
driver's or commercial driver's license or permit in accordance5052
with division (G) of section 2925.03 of the Revised Code. If an5053
offender's driver's or commercial driver's license or permit is5054
revokedsuspended in accordance with that division, the offender5055
may request termination of, and the court may terminate, the5056
revocationsuspension in accordance with that division.5057

       (2) If the offender is a professionally licensed person or a5058
person who has been admitted to the bar by order of the supreme5059
court in compliance with its prescribed and published rules, the5060
court immediately shall comply with section 2925.38 of the Revised5061
Code.5062

       (E) If a person commits any act that constitutes a violation5063
of division (A) of this section and that also constitutes a5064
violation of any other provision of the Revised Code, the5065
prosecutor, as defined in section 2935.01 of the Revised Code,5066
using customary prosecutorial discretion, may prosecute the person5067
for a violation of the appropriate provision of the Revised Code.5068

       Sec. 2925.11.  (A) No person shall knowingly obtain,5069
possess, or use a controlled substance.5070

       (B) This section does not apply to any of the following:5071

       (1) Manufacturers, licensed health professionals authorized5072
to prescribe drugs, pharmacists, owners of pharmacies, and other5073
persons whose conduct was in accordance with Chapters 3719.,5074
4715., 4723., 4729., 4731., and 4741. of the Revised Code;5075

       (2) If the offense involves an anabolic steroid, any person5076
who is conducting or participating in a research project involving5077
the use of an anabolic steroid if the project has been approved by5078
the United States food and drug administration;5079

       (3) Any person who sells, offers for sale, prescribes,5080
dispenses, or administers for livestock or other nonhuman species5081
an anabolic steroid that is expressly intended for administration5082
through implants to livestock or other nonhuman species and5083
approved for that purpose under the "Federal Food, Drug, and5084
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,5085
and is sold, offered for sale, prescribed, dispensed, or5086
administered for that purpose in accordance with that act;5087

       (4) Any person who obtained the controlled substance5088
pursuant to a prescription issued by a licensed health5089
professional authorized to prescribe drugs.5090

       (C) Whoever violates division (A) of this section is guilty5091
of one of the following:5092

       (1) If the drug involved in the violation is a compound,5093
mixture, preparation, or substance included in schedule I or II,5094
with the exception of marihuana, cocaine, L.S.D., heroin, and5095
hashish, whoever violates division (A) of this section is guilty5096
of aggravated possession of drugs. The penalty for the offense5097
shall be determined as follows:5098

       (a) Except as otherwise provided in division (C)(1)(b), (c),5099
(d), or (e) of this section, aggravated possession of drugs is a5100
felony of the fifth degree, and division (B) of section 2929.13 of5101
the Revised Code applies in determining whether to impose a prison5102
term on the offender.5103

       (b) If the amount of the drug involved equals or exceeds the5104
bulk amount but is less than five times the bulk amount,5105
aggravated possession of drugs is a felony of the third degree,5106
and there is a presumption for a prison term for the offense.5107

       (c) If the amount of the drug involved equals or exceeds5108
five times the bulk amount but is less than fifty times the bulk5109
amount, aggravated possession of drugs is a felony of the second5110
degree, and the court shall impose as a mandatory prison term one5111
of the prison terms prescribed for a felony of the second degree.5112

       (d) If the amount of the drug involved equals or exceeds5113
fifty times the bulk amount but is less than one hundred times the5114
bulk amount, aggravated possession of drugs is a felony of the5115
first degree, and the court shall impose as a mandatory prison5116
term one of the prison terms prescribed for a felony of the first5117
degree.5118

       (e) If the amount of the drug involved equals or exceeds one5119
hundred times the bulk amount, aggravated possession of drugs is a5120
felony of the first degree, the offender is a major drug offender,5121
and the court shall impose as a mandatory prison term the maximum5122
prison term prescribed for a felony of the first degree and may5123
impose an additional mandatory prison term prescribed for a major5124
drug offender under division (D)(3)(b) of section 2929.14 of the5125
Revised Code.5126

       (2) If the drug involved in the violation is a compound,5127
mixture, preparation, or substance included in schedule III, IV,5128
or V, whoever violates division (A) of this section is guilty of5129
possession of drugs. The penalty for the offense shall be5130
determined as follows:5131

       (a) Except as otherwise provided in division (C)(2)(b), (c),5132
or (d) of this section, possession of drugs is a misdemeanor of5133
the third degree or, if the offender previously has been convicted5134
of a drug abuse offense, a misdemeanor of the second degree. If5135
the drug involved in the violation is an anabolic steroid included5136
in schedule III and if the offense is a misdemeanor of the third5137
degree under this division, in lieu of sentencing the offender to5138
a term of imprisonment in a detention facility, the court may5139
place the offender on conditional probation pursuant to division5140
(F) of section 2951.02 of the Revised Code.5141

       (b) If the amount of the drug involved equals or exceeds the5142
bulk amount but is less than five times the bulk amount,5143
possession of drugs is a felony of the fourth degree, and division5144
(C) of section 2929.13 of the Revised Code applies in determining5145
whether to impose a prison term on the offender.5146

       (c) If the amount of the drug involved equals or exceeds5147
five times the bulk amount but is less than fifty times the bulk5148
amount, possession of drugs is a felony of the third degree, and5149
there is a presumption for a prison term for the offense.5150

       (d) If the amount of the drug involved equals or exceeds5151
fifty times the bulk amount, possession of drugs is a felony of5152
the second degree, and the court shall impose upon the offender as5153
a mandatory prison term one of the prison terms prescribed for a5154
felony of the second degree.5155

       (3) If the drug involved in the violation is marihuana or a5156
compound, mixture, preparation, or substance containing marihuana5157
other than hashish, whoever violates division (A) of this section5158
is guilty of possession of marihuana. The penalty for the offense5159
shall be determined as follows:5160

       (a) Except as otherwise provided in division (C)(3)(b), (c),5161
(d), (e), or (f) of this section, possession of marihuana is a5162
minor misdemeanor.5163

       (b) If the amount of the drug involved equals or exceeds one5164
hundred grams but is less than two hundred grams, possession of5165
marihuana is a misdemeanor of the fourth degree.5166

       (c) If the amount of the drug involved equals or exceeds two5167
hundred grams but is less than one thousand grams, possession of5168
marihuana is a felony of the fifth degree, and division (B) of5169
section 2929.13 of the Revised Code applies in determining whether5170
to impose a prison term on the offender.5171

       (d) If the amount of the drug involved equals or exceeds one5172
thousand grams but is less than five thousand grams, possession of5173
marihuana is a felony of the third degree, and division (C) of5174
section 2929.13 of the Revised Code applies in determining whether5175
to impose a prison term on the offender.5176

       (e) If the amount of the drug involved equals or exceeds5177
five thousand grams but is less than twenty thousand grams,5178
possession of marihuana is a felony of the third degree, and there5179
is a presumption that a prison term shall be imposed for the5180
offense.5181

       (f) If the amount of the drug involved equals or exceeds5182
twenty thousand grams, possession of marihuana is a felony of the5183
second degree, and the court shall impose as a mandatory prison5184
term the maximum prison term prescribed for a felony of the second5185
degree.5186

       (4) If the drug involved in the violation is cocaine or a5187
compound, mixture, preparation, or substance containing cocaine,5188
whoever violates division (A) of this section is guilty of5189
possession of cocaine. The penalty for the offense shall be5190
determined as follows:5191

       (a) Except as otherwise provided in division (C)(4)(b), (c),5192
(d), (e), or (f) of this section, possession of cocaine is a5193
felony of the fifth degree, and division (B) of section 2929.13 of5194
the Revised Code applies in determining whether to impose a prison5195
term on the offender.5196

       (b) If the amount of the drug involved equals or exceeds5197
five grams but is less than twenty-five grams of cocaine that is5198
not crack cocaine or equals or exceeds one gram but is less than5199
five grams of crack cocaine, possession of cocaine is a felony of5200
the fourth degree, and there is a presumption for a prison term5201
for the offense.5202

       (c) If the amount of the drug involved equals or exceeds5203
twenty-five grams but is less than one hundred grams of cocaine5204
that is not crack cocaine or equals or exceeds five grams but is5205
less than ten grams of crack cocaine, possession of cocaine is a5206
felony of the third degree, and the court shall impose as a5207
mandatory prison term one of the prison terms prescribed for a5208
felony of the third degree.5209

       (d) If the amount of the drug involved equals or exceeds one5210
hundred grams but is less than five hundred grams of cocaine that5211
is not crack cocaine or equals or exceeds ten grams but is less5212
than twenty-five grams of crack cocaine, possession of cocaine is5213
a felony of the second degree, and the court shall impose as a5214
mandatory prison term one of the prison terms prescribed for a5215
felony of the second degree.5216

       (e) If the amount of the drug involved equals or exceeds5217
five hundred grams but is less than one thousand grams of cocaine5218
that is not crack cocaine or equals or exceeds twenty-five grams5219
but is less than one hundred grams of crack cocaine, possession of5220
cocaine is a felony of the first degree, and the court shall5221
impose as a mandatory prison term one of the prison terms5222
prescribed for a felony of the first degree.5223

       (f) If the amount of the drug involved equals or exceeds one5224
thousand grams of cocaine that is not crack cocaine or equals or5225
exceeds one hundred grams of crack cocaine, possession of cocaine5226
is a felony of the first degree, the offender is a major drug5227
offender, and the court shall impose as a mandatory prison term5228
the maximum prison term prescribed for a felony of the first5229
degree and may impose an additional mandatory prison term5230
prescribed for a major drug offender under division (D)(3)(b) of5231
section 2929.14 of the Revised Code.5232

       (5) If the drug involved in the violation is L.S.D., whoever5233
violates division (A) of this section is guilty of possession of5234
L.S.D. The penalty for the offense shall be determined as5235
follows:5236

       (a) Except as otherwise provided in division (C)(5)(b), (c),5237
(d), (e), or (f) of this section, possession of L.S.D. is a felony5238
of the fifth degree, and division (B) of section 2929.13 of the5239
Revised Code applies in determining whether to impose a prison5240
term on the offender.5241

       (b) If the amount of L.S.D. involved equals or exceeds ten5242
unit doses but is less than fifty unit doses of L.S.D. in a solid5243
form or equals or exceeds one gram but is less than five grams of5244
L.S.D. in a liquid concentrate, liquid extract, or liquid5245
distillate form, possession of L.S.D. is a felony of the fourth5246
degree, and division (C) of section 2929.13 of the Revised Code5247
applies in determining whether to impose a prison term on the5248
offender.5249

       (c) If the amount of L.S.D. involved equals or exceeds fifty5250
unit doses, but is less than two hundred fifty unit doses of5251
L.S.D. in a solid form or equals or exceeds five grams but is less5252
than twenty-five grams of L.S.D. in a liquid concentrate, liquid5253
extract, or liquid distillate form, possession of L.S.D. is a5254
felony of the third degree, and there is a presumption for a5255
prison term for the offense.5256

       (d) If the amount of L.S.D. involved equals or exceeds two5257
hundred fifty unit doses but is less than one thousand unit doses5258
of L.S.D. in a solid form or equals or exceeds twenty-five grams5259
but is less than one hundred grams of L.S.D. in a liquid5260
concentrate, liquid extract, or liquid distillate form, possession5261
of L.S.D. is a felony of the second degree, and the court shall5262
impose as a mandatory prison term one of the prison terms5263
prescribed for a felony of the second degree.5264

       (e) If the amount of L.S.D. involved equals or exceeds one5265
thousand unit doses but is less than five thousand unit doses of5266
L.S.D. in a solid form or equals or exceeds one hundred grams but5267
is less than five hundred grams of L.S.D. in a liquid concentrate,5268
liquid extract, or liquid distillate form, possession of L.S.D. is5269
a felony of the first degree, and the court shall impose as a5270
mandatory prison term one of the prison terms prescribed for a5271
felony of the first degree.5272

       (f) If the amount of L.S.D. involved equals or exceeds five5273
thousand unit doses of L.S.D. in a solid form or equals or exceeds5274
five hundred grams of L.S.D. in a liquid concentrate, liquid5275
extract, or liquid distillate form, possession of L.S.D. is a5276
felony of the first degree, the offender is a major drug offender,5277
and the court shall impose as a mandatory prison term the maximum5278
prison term prescribed for a felony of the first degree and may5279
impose an additional mandatory prison term prescribed for a major5280
drug offender under division (D)(3)(b) of section 2929.14 of the5281
Revised Code.5282

       (6) If the drug involved in the violation is heroin or a5283
compound, mixture, preparation, or substance containing heroin,5284
whoever violates division (A) of this section is guilty of5285
possession of heroin. The penalty for the offense shall be5286
determined as follows:5287

       (a) Except as otherwise provided in division (C)(6)(b), (c),5288
(d), (e), or (f) of this section, possession of heroin is a felony5289
of the fifth degree, and division (B) of section 2929.13 of the5290
Revised Code applies in determining whether to impose a prison5291
term on the offender.5292

       (b) If the amount of the drug involved equals or exceeds ten5293
unit doses but is less than fifty unit doses or equals or exceeds5294
one gram but is less than five grams, possession of heroin is a5295
felony of the fourth degree, and division (C) of section 2929.135296
of the Revised Code applies in determining whether to impose a5297
prison term on the offender.5298

       (c) If the amount of the drug involved equals or exceeds5299
fifty unit doses but is less than one hundred unit doses or equals5300
or exceeds five grams but is less than ten grams, possession of5301
heroin is a felony of the third degree, and there is a presumption5302
for a prison term for the offense.5303

       (d) If the amount of the drug involved equals or exceeds one5304
hundred unit doses but is less than five hundred unit doses or5305
equals or exceeds ten grams but is less than fifty grams,5306
possession of heroin is a felony of the second degree, and the5307
court shall impose as a mandatory prison term one of the prison5308
terms prescribed for a felony of the second degree.5309

       (e) If the amount of the drug involved equals or exceeds5310
five hundred unit doses but is less than two thousand five hundred5311
unit doses or equals or exceeds fifty grams but is less than two5312
hundred fifty grams, possession of heroin is a felony of the first5313
degree, and the court shall impose as a mandatory prison term one5314
of the prison terms prescribed for a felony of the first degree.5315

       (f) If the amount of the drug involved equals or exceeds two5316
thousand five hundred unit doses or equals or exceeds two hundred5317
fifty grams, possession of heroin is a felony of the first degree,5318
the offender is a major drug offender, and the court shall impose5319
as a mandatory prison term the maximum prison term prescribed for5320
a felony of the first degree and may impose an additional5321
mandatory prison term prescribed for a major drug offender under5322
division (D)(3)(b) of section 2929.14 of the Revised Code.5323

       (7) If the drug involved in the violation is hashish or a5324
compound, mixture, preparation, or substance containing hashish,5325
whoever violates division (A) of this section is guilty of5326
possession of hashish. The penalty for the offense shall be5327
determined as follows:5328

       (a) Except as otherwise provided in division (C)(7)(b), (c),5329
(d), (e), or (f) of this section, possession of hashish is a minor5330
misdemeanor.5331

       (b) If the amount of the drug involved equals or exceeds5332
five grams but is less than ten grams of hashish in a solid form5333
or equals or exceeds one gram but is less than two grams of5334
hashish in a liquid concentrate, liquid extract, or liquid5335
distillate form, possession of hashish is a misdemeanor of the5336
fourth degree.5337

       (c) If the amount of the drug involved equals or exceeds ten5338
grams but is less than fifty grams of hashish in a solid form or5339
equals or exceeds two grams but is less than ten grams of hashish5340
in a liquid concentrate, liquid extract, or liquid distillate5341
form, possession of hashish is a felony of the fifth degree, and5342
division (B) of section 2929.13 of the Revised Code applies in5343
determining whether to impose a prison term on the offender.5344

       (d) If the amount of the drug involved equals or exceeds5345
fifty grams but is less than two hundred fifty grams of hashish in5346
a solid form or equals or exceeds ten grams but is less than fifty5347
grams of hashish in a liquid concentrate, liquid extract, or5348
liquid distillate form, possession of hashish is a felony of the5349
third degree, and division (C) of section 2929.13 of the Revised5350
Code applies in determining whether to impose a prison term on the5351
offender.5352

       (e) If the amount of the drug involved equals or exceeds two5353
hundred fifty grams but is less than one thousand grams of hashish5354
in a solid form or equals or exceeds fifty grams but is less than5355
two hundred grams of hashish in a liquid concentrate, liquid5356
extract, or liquid distillate form, possession of hashish is a5357
felony of the third degree, and there is a presumption that a5358
prison term shall be imposed for the offense.5359

       (f) If the amount of the drug involved equals or exceeds one5360
thousand grams of hashish in a solid form or equals or exceeds two5361
hundred grams of hashish in a liquid concentrate, liquid extract,5362
or liquid distillate form, possession of hashish is a felony of5363
the second degree, and the court shall impose as a mandatory5364
prison term the maximum prison term prescribed for a felony of the5365
second degree.5366

       (D) Arrest or conviction for a minor misdemeanor violation5367
of this section does not constitute a criminal record and need not5368
be reported by the person so arrested or convicted in response to5369
any inquiries about the person's criminal record, including any5370
inquiries contained in any application for employment, license, or5371
other right or privilege, or made in connection with the person's5372
appearance as a witness.5373

       (E) In addition to any prison term authorized or required by5374
division (C) of this section and sections 2929.13 and 2929.14 of5375
the Revised Code and in addition to any other sanction that is5376
imposed for the offense under this section or sections 2929.11 to5377
2929.18 of the Revised Code, the court that sentences an offender5378
who is convicted of or pleads guilty to a violation of division5379
(A) of this section shall do all of the following that are5380
applicable regarding the offender:5381

       (1)(a) If the violation is a felony of the first, second, or5382
third degree, the court shall impose upon the offender the5383
mandatory fine specified for the offense under division (B)(1) of5384
section 2929.18 of the Revised Code unless, as specified in that5385
division, the court determines that the offender is indigent.5386

       (b) Notwithstanding any contrary provision of section5387
3719.21 of the Revised Code, the clerk of the court shall pay a5388
mandatory fine or other fine imposed for a violation of this5389
section pursuant to division (A) of section 2929.18 of the Revised5390
Code in accordance with and subject to the requirements of5391
division (F) of section 2925.03 of the Revised Code. The agency5392
that receives the fine shall use the fine as specified in division5393
(F) of section 2925.03 of the Revised Code.5394

       (c) If a person is charged with a violation of this section5395
that is a felony of the first, second, or third degree, posts5396
bail, and forfeits the bail, the clerk shall pay the forfeited5397
bail pursuant to division (E)(1)(b) of this section as if it were5398
a mandatory fine imposed under division (E)(1)(a) of this section.5399

       (2) The court shall suspend for not less than six months or5400
more than five years the offender's driver's or commercial5401
driver's license or permit of any person who is convicted of or5402
has pleaded guilty to a violation of this section.5403

       (3) If the offender is a professionally licensed person or a5404
person who has been admitted to the bar by order of the supreme5405
court in compliance with its prescribed and published rules, in5406
addition to any other sanction imposed for a violation of this5407
section, the court forthwithimmediately shall comply with section5408
2925.38 of the Revised Code.5409

       (F) It is an affirmative defense, as provided in section5410
2901.05 of the Revised Code, to a charge of a fourth degree felony5411
violation under this section that the controlled substance that5412
gave rise to the charge is in an amount, is in a form, is5413
prepared, compounded, or mixed with substances that are not5414
controlled substances in a manner, or is possessed under any other5415
circumstances, that indicate that the substance was possessed5416
solely for personal use. Notwithstanding any contrary provision5417
of this section, if, in accordance with section 2901.05 of the5418
Revised Code, an accused who is charged with a fourth degree5419
felony violation of division (C)(2), (4), (5), or (6) of this5420
section sustains the burden of going forward with evidence of and5421
establishes by a preponderance of the evidence the affirmative5422
defense described in this division, the accused may be prosecuted5423
for and may plead guilty to or be convicted of a misdemeanor5424
violation of division (C)(2) of this section or a fifth degree5425
felony violation of division (C)(4), (5), or (6) of this section5426
respectively.5427

       (G) When a person is charged with possessing a bulk amount5428
or multiple of a bulk amount, division (E) of section 2925.03 of5429
the Revised Code applies regarding the determination of the amount5430
of the controlled substance involved at the time of the offense.5431

       Sec. 2925.12.  (A) No person shall knowingly make, obtain,5432
possess, or use any instrument, article, or thing the customary5433
and primary purpose of which is for the administration or use of a5434
dangerous drug, other than marihuana, when the instrument involved5435
is a hypodermic or syringe, whether or not of crude or5436
extemporized manufacture or assembly, and the instrument, article,5437
or thing involved has been used by the offender to unlawfully5438
administer or use a dangerous drug, other than marihuana, or to5439
prepare a dangerous drug, other than marihuana, for unlawful5440
administration or use.5441

       (B) This section does not apply to manufacturers, licensed5442
health professionals authorized to prescribe drugs, pharmacists,5443
owners of pharmacies, and other persons whose conduct was in5444
accordance with Chapters 3719., 4715., 4723., 4729., 4731., and5445
4741. of the Revised Code.5446

       (C) Whoever violates this section is guilty of possessing5447
drug abuse instruments, a misdemeanor of the second degree. If5448
the offender previously has been convicted of a drug abuse5449
offense, a violation of this section is a misdemeanor of the first5450
degree.5451

       (D) In addition to any other sanction imposed upon an5452
offender for a violation of this section, the court shall suspend5453
for not less than six months or more than five years the5454
offender's driver's or commercial driver's license or permit of5455
any person who is convicted of or has pleaded guilty to a5456
violation of this section. If the offender is a professionally5457
licensed person or a person who has been admitted to the bar by5458
order of the supreme court in compliance with its prescribed and5459
published rules, in addition to any other sanction imposed for a5460
violation of this section, the court forthwithimmediately shall5461
comply with section 2925.38 of the Revised Code.5462

       Sec. 2925.13.  (A) No person who is the owner, operator, or5463
person in charge of a locomotive, watercraft, aircraft, or other5464
vehicle, as defined in division (A) of section 4501.01 of the5465
Revised Code, shall knowingly permit the vehicle to be used for5466
the commission of a felony drug abuse offense.5467

       (B) No person who is the owner, lessee, or occupant, or who5468
has custody, control, or supervision, of premises or real estate,5469
including vacant land, shall knowingly permit the premises or real5470
estate, including vacant land, to be used for the commission of a5471
felony drug abuse offense by another person.5472

       (C)(1) Whoever violates this section is guilty of permitting5473
drug abuse.5474

       (2) Except as provided in division (C)(3) of this section,5475
permitting drug abuse is a misdemeanor of the first degree.5476

       (3) Permitting drug abuse is a felony of the fifth degree,5477
and division (C) of section 2929.13 of the Revised Code applies in5478
determining whether to impose a prison term on the offender, if5479
the felony drug abuse offense in question is a violation of5480
section 2925.02 or 2925.03 of the Revised Code.5481

       (D) In addition to any prison term authorized or required by5482
division (C) of this section and sections 2929.13 and 2929.14 of5483
the Revised Code and in addition to any other sanction imposed for5484
the offense under this section or sections 2929.11 to 2929.18 of5485
the Revised Code, the court that sentences a person who is5486
convicted of or pleads guilty to a violation of division (A) of5487
this section shall do all of the following that are applicable5488
regarding the offender:5489

       (1) The court shall suspend for not less than six months or5490
more than five years the offender's driver's or commercial5491
driver's license or permit of the offender.5492

       (2) If the offender is a professionally licensed person or a5493
person who has been admitted to the bar by order of the supreme5494
court in compliance with its prescribed and published rules, in5495
addition to any other sanction imposed for a violation of this5496
section, the court forthwithimmediately shall comply with section5497
2925.38 of the Revised Code.5498

       (E) Notwithstanding any contrary provision of section5499
3719.21 of the Revised Code, the clerk of the court shall pay a5500
fine imposed for a violation of this section pursuant to division5501
(A) of section 2929.18 of the Revised Code in accordance with and5502
subject to the requirements of division (F) of section 2925.03 of5503
the Revised Code. The agency that receives the fine shall use the5504
fine as specified in division (F) of section 2925.03 of the5505
Revised Code.5506

       (F) Any premises or real estate that is permitted to be used5507
in violation of division (B) of this section constitutes a5508
nuisance subject to abatement pursuant to Chapter 3767. of the5509
Revised Code.5510

       Sec. 2925.14.  (A) As used in this section, "drug5511
paraphernalia" means any equipment, product, or material of any5512
kind that is used by the offender, intended by the offender for5513
use, or designed for use, in propagating, cultivating, growing,5514
harvesting, manufacturing, compounding, converting, producing,5515
processing, preparing, testing, analyzing, packaging, repackaging,5516
storing, containing, concealing, injecting, ingesting, inhaling,5517
or otherwise introducing into the human body, a controlled5518
substance in violation of this chapter. "Drug paraphernalia"5519
includes, but is not limited to, any of the following equipment,5520
products, or materials that are used by the offender, intended by5521
the offender for use, or designed by the offender for use, in any5522
of the following manners:5523

       (1) A kit for propagating, cultivating, growing, or5524
harvesting any species of a plant that is a controlled substance5525
or from which a controlled substance can be derived;5526

       (2) A kit for manufacturing, compounding, converting,5527
producing, processing, or preparing a controlled substance;5528

       (3) Any object, instrument, or device for manufacturing,5529
compounding, converting, producing, processing, or preparing5530
methamphetamine or any salt, isomer, or salt of an isomer of5531
methamphetamine;5532

       (4) An isomerization device for increasing the potency of5533
any species of a plant that is a controlled substance;5534

       (5) Testing equipment for identifying, or analyzing the5535
strength, effectiveness, or purity of, a controlled substance;5536

       (6) A scale or balance for weighing or measuring a5537
controlled substance;5538

       (7) A diluent or adulterant, such as quinine hydrochloride,5539
mannitol, mannite, dextrose, or lactose, for cutting a controlled5540
substance;5541

       (8) A separation gin or sifter for removing twigs and seeds5542
from, or otherwise cleaning or refining, marihuana;5543

       (9) A blender, bowl, container, spoon, or mixing device for5544
compounding a controlled substance;5545

       (10) A capsule, balloon, envelope, or container for5546
packaging small quantities of a controlled substance;5547

       (11) A container or device for storing or concealing a5548
controlled substance;5549

       (12) A hypodermic syringe, needle, or instrument for5550
parenterally injecting a controlled substance into the human body;5551

       (13) An object, instrument, or device for ingesting,5552
inhaling, or otherwise introducing into the human body, marihuana,5553
cocaine, hashish, or hashish oil, such as a metal, wooden,5554
acrylic, glass, stone, plastic, or ceramic pipe, with or without a5555
screen, permanent screen, hashish head, or punctured metal bowl;5556
water pipe; carburetion tube or device; smoking or carburetion5557
mask; roach clip or similar object used to hold burning material,5558
such as a marihuana cigarette, that has become too small or too5559
short to be held in the hand; miniature cocaine spoon, or cocaine5560
vial; chamber pipe; carburetor pipe; electric pipe; air driver5561
pipe; chillum; bong; or ice pipe or chiller.5562

       (B) In determining if any equipment, product, or material5563
is drug paraphernalia, a court or law enforcement officer shall5564
consider, in addition to other relevant factors, the following:5565

       (1) Any statement by the owner, or by anyone in control, of5566
the equipment, product, or material, concerning its use;5567

       (2) The proximity in time or space of the equipment,5568
product, or material, or of the act relating to the equipment,5569
product, or material, to a violation of any provision of this5570
chapter;5571

       (3) The proximity of the equipment, product, or material to5572
any controlled substance;5573

       (4) The existence of any residue of a controlled substance5574
on the equipment, product, or material;5575

       (5) Direct or circumstantial evidence of the intent of the5576
owner, or of anyone in control, of the equipment, product, or5577
material, to deliver it to any person whom the owner or person in5578
control of the equipment, product, or material knows intends to5579
use the object to facilitate a violation of any provision of this5580
chapter. A finding that the owner, or anyone in control, of the 5581
equipment, product, or material, is not guilty of a violation of5582
any other provision of this chapter does not prevent a finding5583
that the equipment, product, or material was intended or designed5584
by the offender for use as drug paraphernalia.5585

       (6) Any oral or written instruction provided with the 5586
equipment, product, or material concerning its use;5587

       (7) Any descriptive material accompanying the equipment,5588
product, or material and explaining or depicting its use;5589

       (8) National or local advertising concerning the use of the 5590
equipment, product, or material;5591

       (9) The manner and circumstances in which the equipment,5592
product, or material is displayed for sale;5593

       (10) Direct or circumstantial evidence of the ratio of the5594
sales of the equipment, product, or material to the total sales5595
of the business enterprise;5596

       (11) The existence and scope of legitimate uses of the 5597
equipment, product, or material in the community;5598

       (12) Expert testimony concerning the use of the equipment,5599
product, or material.5600

       (C)(1) No person shall knowingly use, or possess with5601
purpose to use, drug paraphernalia.5602

       (2) No person shall knowingly sell, or possess or5603
manufacture with purpose to sell, drug paraphernalia, if the5604
person knows or reasonably should know that the equipment,5605
product, or material will be used as drug paraphernalia.5606

       (3) No person shall place an advertisement in any newspaper,5607
magazine, handbill, or other publication that is published and5608
printed and circulates primarily within this state, if the person5609
knows that the purpose of the advertisement is to promote the5610
illegal sale in this state of the equipment, product, or material5611
that the offender intended or designed for use as drug5612
paraphernalia.5613

       (D) This section does not apply to manufacturers, licensed5614
health professionals authorized to prescribe drugs, pharmacists,5615
owners of pharmacies, and other persons whose conduct is in5616
accordance with Chapters 3719., 4715., 4723., 4729., 4731., and5617
4741. of the Revised Code. This section shall not be construed to5618
prohibit the possession or use of a hypodermic as authorized by5619
section 3719.172 of the Revised Code.5620

       (E) Notwithstanding sections 2933.42 and 2933.43 of the5621
Revised Code, any drug paraphernalia that was used, possessed,5622
sold, or manufactured in a violation of this section shall be5623
seized, after a conviction for that violation shall be forfeited,5624
and upon forfeiture shall be disposed of pursuant to division5625
(D)(8) of section 2933.41 of the Revised Code.5626

       (F)(1) Whoever violates division (C)(1) of this section is5627
guilty of illegal use or possession of drug paraphernalia, a5628
misdemeanor of the fourth degree.5629

       (2) Except as provided in division (F)(3) of this section,5630
whoever violates division (C)(2) of this section is guilty of5631
dealing in drug paraphernalia, a misdemeanor of the second degree.5632

       (3) Whoever violates division (C)(2) of this section by5633
selling drug paraphernalia to a juvenile is guilty of selling drug5634
paraphernalia to juveniles, a misdemeanor of the first degree.5635

       (4) Whoever violates division (C)(3) of this section is5636
guilty of illegal advertising of drug paraphernalia, a misdemeanor5637
of the second degree.5638

       (G) In addition to any other sanction imposed upon an5639
offender for a violation of this section, the court shall suspend5640
for not less than six months or more than five years the5641
offender's driver's or commercial driver's license or permit of5642
any person who is convicted of or has pleaded guilty to a5643
violation of this section. If the offender is a professionally5644
licensed person or a person who has been admitted to the bar by5645
order of the supreme court in compliance with its prescribed and5646
published rules, in addition to any other sanction imposed for a5647
violation of this section, the court forthwithimmediately shall5648
comply with section 2925.38 of the Revised Code.5649

       Sec. 2925.22.  (A) No person, by deception, as defined in5650
section 2913.01 of the Revised Code, shall procure the5651
administration of, a prescription for, or the dispensing of, a5652
dangerous drug or shall possess an uncompleted preprinted5653
prescription blank used for writing a prescription for a dangerous5654
drug.5655

       (B) Whoever violates this section is guilty of deception to5656
obtain a dangerous drug. The penalty for the offense shall be5657
determined as follows:5658

       (1) If the drug involved is a compound, mixture,5659
preparation, or substance included in schedule I or II, with the5660
exception of marihuana, deception to obtain drugs is a felony of5661
the fourth degree, and division (C) of section 2929.13 of the5662
Revised Code applies in determining whether to impose a prison5663
term on the offender.5664

       (2) If the drug involved is a dangerous drug or a compound,5665
mixture, preparation, or substance included in schedule III, IV,5666
or V or is marihuana, deception to obtain a dangerous drug is a5667
felony of the fifth degree, and division (C) of section 2929.13 of5668
the Revised Code applies in determining whether to impose a prison5669
term on the offender.5670

       (C) In addition to any prison term authorized or required by5671
division (B) of this section and sections 2929.13 and 2929.14 of5672
the Revised Code and in addition to any other sanction imposed for5673
the offense under this section or sections 2929.11 to 2929.18 of5674
the Revised Code, the court that sentences an offender who is5675
convicted of or pleads guilty to a violation of division (A) of5676
this section shall do both of the following:5677

       (1) The court shall suspend for not less than six months or5678
more than five years the offender's driver's or commercial5679
driver's license or permit of any person who is convicted of or5680
has pleaded guilty to a violation of this section.5681

       (2) If the offender is a professionally licensed person or a5682
person who has been admitted to the bar by order of the supreme5683
court in compliance with its prescribed and published rules, in5684
addition to any other sanction imposed for a violation of this5685
section, the court forthwithimmediately shall comply with section5686
2925.38 of the Revised Code.5687

       (D) Notwithstanding any contrary provision of section5688
3719.21 of the Revised Code, the clerk of the court shall pay a5689
fine imposed for a violation of this section pursuant to division5690
(A) of section 2929.18 of the Revised Code in accordance with and5691
subject to the requirements of division (F) of section 2925.03 of5692
the Revised Code. The agency that receives the fine shall use the5693
fine as specified in division (F) of section 2925.03 of the5694
Revised Code.5695

       Sec. 2925.23.  (A) No person shall knowingly make a false5696
statement in any prescription, order, report, or record required5697
by Chapter 3719. or 4729. of the Revised Code.5698

       (B) No person shall intentionally make, utter, or sell, or5699
knowingly possess any of the following that is a false or forged:5700

       (1) Prescription;5701

       (2) Uncompleted preprinted prescription blank used for5702
writing a prescription;5703

       (3) Official written order;5704

       (4) License for a terminal distributor of dangerous drugs as5705
required in section 4729.60 of the Revised Code;5706

       (5) Registration certificate for a wholesale distributor of5707
dangerous drugs as required in section 4729.60 of the Revised5708
Code.5709

       (C) No person, by theft as defined in section 2913.02 of the5710
Revised Code, shall acquire any of the following:5711

       (1) A prescription;5712

       (2) An uncompleted preprinted prescription blank used for5713
writing a prescription;5714

       (3) An official written order;5715

       (4) A blank official written order;5716

       (5) A license or blank license for a terminal distributor of5717
dangerous drugs as required in section 4729.60 of the Revised5718
Code;5719

       (6) A registration certificate or blank registration5720
certificate for a wholesale distributor of dangerous drugs as5721
required in section 4729.60 of the Revised Code.5722

       (D) No person shall knowingly make or affix any false or5723
forged label to a package or receptacle containing any dangerous5724
drugs.5725

       (E) Divisions (A) and (D) of this section do not apply to5726
licensed health professionals authorized to prescribe drugs,5727
pharmacists, owners of pharmacies, and other persons whose conduct5728
is in accordance with Chapters 3719., 4715., 4723., 4725., 4729.,5729
4731., and 4741. of the Revised Code.5730

       (F) Whoever violates this section is guilty of illegal5731
processing of drug documents. If the offender violates division5732
(B)(2), (4), or (5) or division (C)(2), (4), (5), or (6) of this5733
section, illegal processing of drug documents is a felony of the5734
fifth degree. If the offender violates division (B)(1) or (3),5735
division (C)(1) or (3), or division (D) of this section, the5736
penalty for illegal processing of drug documents shall be5737
determined as follows:5738

       (1) If the drug involved is a compound, mixture,5739
preparation, or substance included in schedule I or II, with the5740
exception of marihuana, illegal processing of drug documents is a5741
felony of the fourth degree, and division (C) of section 2929.135742
of the Revised Code applies in determining whether to impose a5743
prison term on the offender.5744

       (2) If the drug involved is a dangerous drug or a compound,5745
mixture, preparation, or substance included in schedule III, IV,5746
or V or is marihuana, illegal processing of drug documents is a5747
felony of the fifth degree, and division (C) of section 2929.13 of5748
the Revised Code applies in determining whether to impose a prison5749
term on the offender.5750

       (G) In addition to any prison term authorized or required by5751
division (F) of this section and sections 2929.13 and 2929.14 of5752
the Revised Code and in addition to any other sanction imposed for5753
the offense under this section or sections 2929.11 to 2929.18 of5754
the Revised Code, the court that sentences an offender who is5755
convicted of or pleads guilty to any violation of divisions (A) to5756
(D) of this section shall do both of the following:5757

       (1) The court shall suspend for not less than six months or5758
more than five years the offender's driver's or commercial5759
driver's license or permit of any person who is convicted of or5760
has pleaded guilty to a violation of this section.5761

       (2) If the offender is a professionally licensed person or a5762
person who has been admitted to the bar by order of the supreme5763
court in compliance with its prescribed and published rules, in5764
addition to any other sanction imposed for a violation of this5765
section, the court forthwithimmediately shall comply with section5766
2925.38 of the Revised Code.5767

       (H) Notwithstanding any contrary provision of section5768
3719.21 of the Revised Code, the clerk of court shall pay a fine5769
imposed for a violation of this section pursuant to division (A)5770
of section 2929.18 of the Revised Code in accordance with and5771
subject to the requirements of division (F) of section 2925.03 of5772
the Revised Code. The agency that receives the fine shall use the5773
fine as specified in division (F) of section 2925.03 of the5774
Revised Code.5775

       Sec. 2925.31.  (A) Except for lawful research, clinical,5776
medical, dental, or veterinary purposes, no person, with purpose5777
to induce intoxication or similar physiological effects, shall5778
obtain, possess, or use a harmful intoxicant.5779

       (B) Whoever violates this section is guilty of abusing5780
harmful intoxicants, a misdemeanor of the first degree. If the5781
offender previously has been convicted of a drug abuse offense,5782
abusing harmful intoxicants is a felony of the fifth degree.5783

       (C) In addition to any other sanction imposed upon an5784
offender for a violation of this section, the court shall suspend5785
for not less than six months or more than five years the5786
offender's driver's or commercial driver's license or permit of5787
any person who is convicted of or has pleaded guilty to a5788
violation of this section. If the offender is a professionally5789
licensed person or a person who has been admitted to the bar by5790
order of the supreme court in compliance with its prescribed and5791
published rules, in addition to any other sanction imposed for a5792
violation of this section, the court forthwithimmediately shall5793
comply with section 2925.38 of the Revised Code.5794

       Sec. 2925.32.  (A) Divisions (A)(1) and (2) of this section5795
do not apply to the dispensing or distributing of nitrous oxide.5796

       (1) No person shall knowingly dispense or distribute a5797
harmful intoxicant to a person age eighteen or older if the person5798
who dispenses or distributes it knows or has reason to believe5799
that the harmful intoxicant will be used in violation of section5800
2925.31 of the Revised Code.5801

       (2) No person shall knowingly dispense or distribute a5802
harmful intoxicant to a person under age eighteen if the person5803
who dispenses or distributes it knows or has reason to believe5804
that the harmful intoxicant will be used in violation of section5805
2925.31 of the Revised Code. Division (A)(2) of this section does5806
not prohibit either of the following:5807

       (a) Dispensing or distributing a harmful intoxicant to a5808
person under age eighteen if a written order from the juvenile's5809
parent or guardian is provided to the dispenser or distributor;5810

       (b) Dispensing or distributing gasoline or diesel fuel to a5811
person under age eighteen if the dispenser or distributor does not5812
know or have reason to believe the product will be used in5813
violation of section 2925.31 of the Revised Code. Division5814
(A)(2)(a) of this section does not require a person to obtain a5815
written order from the parent or guardian of a person under age5816
eighteen in order to distribute or dispense gasoline or diesel5817
fuel to the person.5818

       (B)(1) No person shall knowingly dispense or distribute5819
nitrous oxide to a person age twenty-one or older if the person5820
who dispenses or distributes it knows or has reason to believe the5821
nitrous oxide will be used in violation of section 2925.31 of the5822
Revised Code.5823

       (2) Except for lawful medical, dental, or clinical purposes,5824
no person shall knowingly dispense or distribute nitrous oxide to5825
a person under age twenty-one.5826

       (3) No person, at the time a cartridge of nitrous oxide is5827
sold to another person, shall sell a device that allows the5828
purchaser to inhale nitrous oxide from cartridges or to hold5829
nitrous oxide released from cartridges for purposes of inhalation.5830
The sale of any such device constitutes a rebuttable presumption5831
that the person knew or had reason to believe that the purchaser5832
intended to abuse the nitrous oxide.5833

       (4) No person who dispenses or distributes nitrous oxide in5834
cartridges shall fail to comply with either of the following:5835

       (a) The record-keeping requirements established under5836
division (F) of this section;5837

       (b) The labeling and transaction identification requirements5838
established under division (G) of this section.5839

       (C) This section does not apply to products used in making,5840
fabricating, assembling, transporting, or constructing a product5841
or structure by manual labor or machinery for sale or lease to5842
another person, or to the mining, refining, or processing of5843
natural deposits.5844

       (D)(1) Whoever violates division (A)(1) or (2) or division5845
(B)(1), (2), or (3) of this section is guilty of trafficking in5846
harmful intoxicants, a felony of the fifth degree. If the5847
offender previously has been convicted of a drug abuse offense,5848
trafficking in harmful intoxicants is a felony of the fourth5849
degree. In addition to any other sanction imposed upon an5850
offender for trafficking in harmful intoxicants, the court shall5851
suspend for not less than six months or more than five years the5852
offender's driver's or commercial driver's license or permit of5853
any person who is convicted of or has pleaded guilty to5854
trafficking in harmful intoxicants. If the offender is a5855
professionally licensed person or a person who has been admitted5856
to the bar by order of the supreme court in compliance with its5857
prescribed and published rules, in addition to any other sanction5858
imposed for trafficking in harmful intoxicants, the court5859
forthwithimmediately shall comply with section 2925.38 of the5860
Revised Code.5861

       (2) Whoever violates division (B)(4)(a) or (b) of this5862
section is guilty of improperly dispensing or distributing nitrous5863
oxide, a misdemeanor of the fourth degree.5864

       (E) It is an affirmative defense to a charge of a violation5865
of division (A)(2) or (B)(2) of this section that:5866

       (1) An individual exhibited to the defendant or an officer5867
or employee of the defendant, for purposes of establishing the5868
individual's age, a driver's license or permit issued by this5869
state, a commercial driver's license or permit issued by this5870
state, an identification card issued pursuant to section 4507.505871
of the Revised Code, for another document that purports to be a5872
license, permit, or identification card described in this5873
division;5874

       (2) The document exhibited appeared to be a genuine,5875
unaltered document, to pertain to the individual, and to establish5876
the individual's age;5877

       (3) The defendant or the officer or employee of the5878
defendant otherwise did not have reasonable cause to believe that5879
the individual was under the age represented.5880

       (F) Beginning July 1, 2000, a person who dispenses or5881
distributes nitrous oxide shall record each transaction involving5882
the dispensing or distributing of the nitrous oxide on a separate5883
card. The person shall require the purchaser to sign the card and5884
provide a complete residence address. The person dispensing or5885
distributing the nitrous oxide shall sign and date the card. The5886
person shall retain the card recording a transaction for one year5887
from the date of the transaction. The person shall maintain the5888
cards at the person's business address and make them available5889
during normal business hours for inspection and copying by5890
officers or employees of the state board of pharmacy or of other5891
law enforcement agencies of this state or the United States that5892
are authorized to investigate violations of Chapter 2925., 3719.,5893
or 4729. of the Revised Code or the federal drug abuse control5894
laws.5895

       The cards used to record each transaction shall inform the5896
purchaser of the following:5897

       (1) That nitrous oxide cartridges are to be used only for5898
purposes of preparing food;5899

       (2) That inhalation of nitrous oxide can have dangerous5900
health effects;5901

       (3) That it is a violation of state law to distribute or5902
dispense cartridges of nitrous oxide to any person under age5903
twenty-one, punishable as a felony of the fifth degree.5904

       (G)(1) Each cartridge of nitrous oxide dispensed or5905
distributed in this state shall bear the following printed5906
warning:5907

       "Nitrous oxide cartridges are to be used only for purposes of5908
preparing food. Nitrous oxide cartridges may not be sold to5909
persons under age twenty-one. Do not inhale contents. Misuse can5910
be dangerous to your health."5911

       (2) Each time a person dispenses or distributes one or more5912
cartridges of nitrous oxide, the person shall mark the packaging5913
containing the cartridges with a label or other device that5914
identifies the person who dispensed or distributed the nitrous5915
oxide and the person's business address.5916

       Sec. 2925.36.  (A) No person shall knowingly furnish another5917
a sample drug.5918

       (B) Division (A) of this section does not apply to5919
manufacturers, wholesalers, pharmacists, owners of pharmacies,5920
licensed health professionals authorized to prescribe drugs, and5921
other persons whose conduct is in accordance with Chapters 3719.,5922
4715., 4723., 4725., 4729., 4731., and 4741. of the Revised Code.5923

       (C)(1) Whoever violates this section is guilty of illegal5924
dispensing of drug samples.5925

       (2) If the drug involved in the offense is a compound,5926
mixture, preparation, or substance included in schedule I or II,5927
with the exception of marihuana, the penalty for the offense shall5928
be determined as follows:5929

       (a) Except as otherwise provided in division (C)(2)(b) of5930
this section, illegal dispensing of drug samples is a felony of5931
the fifth degree, and, subject to division (E) of this section,5932
division (C) of section 2929.13 of the Revised Code applies in5933
determining whether to impose a prison term on the offender.5934

       (b) If the offense was committed in the vicinity of a school5935
or in the vicinity of a juvenile, illegal dispensing of drug5936
samples is a felony of the fourth degree, and, subject to division5937
(E) of this section, division (C) of section 2929.13 of the5938
Revised Code applies in determining whether to impose a prison5939
term on the offender.5940

       (3) If the drug involved in the offense is a dangerous drug5941
or a compound, mixture, preparation, or substance included in5942
schedule III, IV, or V, or is marihuana, the penalty for the5943
offense shall be determined as follows:5944

       (a) Except as otherwise provided in division (C)(3)(b) of5945
this section, illegal dispensing of drug samples is a misdemeanor5946
of the second degree.5947

       (b) If the offense was committed in the vicinity of a school5948
or in the vicinity of a juvenile, illegal dispensing of drug5949
samples is a misdemeanor of the first degree.5950

       (D) In addition to any prison term authorized or required by5951
division (C) or (E) of this section and sections 2929.13 and5952
2929.14 of the Revised Code and in addition to any other sanction5953
imposed for the offense under this section or sections 2929.11 to5954
2929.18 of the Revised Code, the court that sentences an offender5955
who is convicted of or pleads guilty to a violation of division5956
(A) of this section shall do both of the following:5957

       (1) The court shall suspend for not less than six months or5958
more than five years the offender's driver's or commercial5959
driver's license or permit of any person who is convicted of or5960
has pleaded guilty to a violation of this section.5961

       (2) If the offender is a professionally licensed person or a5962
person who has been admitted to the bar by order of the supreme5963
court in compliance with its prescribed and published rules, in5964
addition to any other sanction imposed for a violation of this5965
section, the court forthwithimmediately shall comply with section5966
2925.38 of the Revised Code.5967

       (E) Notwithstanding the prison term authorized or required5968
by division (C) of this section and sections 2929.13 and 2929.145969
of the Revised Code, if the violation of division (A) of this5970
section involves the sale, offer to sell, or possession of a5971
schedule I or II controlled substance, with the exception of5972
marihuana, and if the court imposing sentence upon the offender5973
finds that the offender as a result of the violation is a major5974
drug offender and is guilty of a specification of the type5975
described in section 2941.1410 of the Revised Code, the court, in5976
lieu of the prison term otherwise authorized or required, shall5977
impose upon the offender the mandatory prison term specified in5978
division (D)(3)(a) of section 2929.14 of the Revised Code and may5979
impose an additional prison term under division (D)(3)(b) of that5980
section.5981

       (F) Notwithstanding any contrary provision of section5982
3719.21 of the Revised Code, the clerk of the court shall pay a5983
fine imposed for a violation of this section pursuant to division5984
(A) of section 2929.18 of the Revised Code in accordance with and5985
subject to the requirements of division (F) of section 2925.03 of5986
the Revised Code. The agency that receives the fine shall use the5987
fine as specified in division (F) of section 2925.03 of the5988
Revised Code.5989

       Sec. 2925.37.  (A) No person shall knowingly possess any5990
counterfeit controlled substance.5991

       (B) No person shall knowingly make, sell, offer to sell, or5992
deliver any substance that the person knows is a counterfeit5993
controlled substance.5994

       (C) No person shall make, possess, sell, offer to sell, or5995
deliver any punch, die, plate, stone, or other device knowing or5996
having reason to know that it will be used to print or reproduce a5997
trademark, trade name, or other identifying mark upon a5998
counterfeit controlled substance.5999

       (D) No person shall sell, offer to sell, give, or deliver6000
any counterfeit controlled substance to a juvenile.6001

       (E) No person shall directly or indirectly represent a6002
counterfeit controlled substance as a controlled substance by6003
describing its effects as the physical or psychological effects6004
associated with use of a controlled substance.6005

       (F) No person shall directly or indirectly falsely represent6006
or advertise a counterfeit controlled substance as a controlled6007
substance. As used in this division, "advertise" means engaging6008
in "advertisement," as defined in section 3715.01 of the Revised6009
Code.6010

       (G) Whoever violates division (A) of this section is guilty6011
of possession of counterfeit controlled substances, a misdemeanor6012
of the first degree.6013

       (H) Whoever violates division (B) or (C) of this section is6014
guilty of trafficking in counterfeit controlled substances. Except6015
as otherwise provided in this division, trafficking in counterfeit6016
controlled substances is a felony of the fifth degree, and6017
division (C) of section 2929.13 of the Revised Code applies in6018
determining whether to impose a prison term on the offender. If6019
the offense was committed in the vicinity of a school or in the6020
vicinity of a juvenile, trafficking in counterfeit controlled6021
substances is a felony of the fourth degree, and division (C) of6022
section 2929.13 of the Revised Code applies in determining whether6023
to impose a prison term on the offender.6024

       (I) Whoever violates division (D) of this section is guilty6025
of aggravated trafficking in counterfeit controlled substances.6026
Except as otherwise provided in this division, aggravated6027
trafficking in counterfeit controlled substances is a felony of6028
the fourth degree, and division (C) of section 2929.13 of the6029
Revised Code applies in determining whether to impose a prison6030
term on the offender.6031

       (J) Whoever violates division (E) of this section is guilty6032
of promoting and encouraging drug abuse. Except as otherwise6033
provided in this division, promoting and encouraging drug abuse is6034
a felony of the fifth degree, and division (C) of section 2929.136035
of the Revised Code applies in determining whether to impose a6036
prison term on the offender. If the offense was committed in the6037
vicinity of a school or in the vicinity of a juvenile, promoting6038
and encouraging drug abuse is a felony of the fourth degree, and6039
division (C) of section 2929.13 of the Revised Code applies in6040
determining whether to impose a prison term on the offender.6041

       (K) Whoever violates division (F) of this section is guilty6042
of fraudulent drug advertising. Except as otherwise provided in6043
this division, fraudulent drug advertising is a felony of the6044
fifth degree, and division (C) of section 2929.13 of the Revised6045
Code applies in determining whether to impose a prison term on the6046
offender. If the offense was committed in the vicinity of a6047
school or in the vicinity of a juvenile, fraudulent drug6048
advertising is a felony of the fourth degree, and division (C) of6049
section 2929.13 of the Revised Code applies in determining whether6050
to impose a prison term on the offender.6051

       (L) In addition to any prison term authorized or required by6052
divisions (H) to (K) of this section and sections 2929.13 and6053
2929.14 of the Revised Code and in addition to any other sanction6054
imposed for the offense under this section or sections 2929.11 to6055
2929.18 of the Revised Code, the court that sentences an offender6056
who is convicted of or pleads guilty to a violation of division6057
(B), (C), (D), (E), or (F) of this section shall do both of the6058
following:6059

       (1) The court shall suspend for not less than six months or6060
more than five years the offender's driver's or commercial6061
driver's license or permit of any person who is convicted of or6062
has pleaded guilty to any other violation of this section.6063

       (2) If the offender is a professionally licensed person or a6064
person who has been admitted to the bar by order of the supreme6065
court in compliance with its prescribed and published rules, in6066
addition to any other sanction imposed for a violation of this6067
section, the court forthwithimmediately shall comply with section6068
2925.38 of the Revised Code.6069

       (M) Notwithstanding any contrary provision of section6070
3719.21 of the Revised Code, the clerk of the court shall pay a6071
fine imposed for a violation of this section pursuant to division6072
(A) of section 2929.18 of the Revised Code in accordance with and6073
subject to the requirements of division (F) of section 2925.03 of6074
the Revised Code. The agency that receives the fine shall use the6075
fine as specified in division (F) of section 2925.03 of the6076
Revised Code.6077

       Sec. 2925.38.  If a person who is convicted of or pleads6078
guilty to a violation of section 2925.02, 2925.03, 2925.04,6079
2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14,6080
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the6081
Revised Code is a professionally licensed person, in addition to6082
any other sanctions imposed for the violation, the court6083
forthwith, except as otherwise provided in this section,6084
immediately shall transmit a certified copy of the judgment entry6085
of conviction to the regulatory or licensing board or agency that6086
has the administrative authority to suspend or revoke the6087
offender's professional license. If athe professionally licensed6088
person who is convicted of or pleads guilty to a violation of any6089
section listed in this section is a person who has been admitted6090
to the bar by order of the supreme court in compliance with its6091
prescribed and published rules, in addition to any other sanctions6092
imposed for the violation, the court forthwithimmediately shall6093
transmit a certified copy of the judgment entry of conviction to6094
the secretary of the board of commissioners on grievances and6095
discipline of the supreme court and to either the disciplinary6096
counsel or the president, secretary, and chairperson of each6097
certified grievance committee.6098

       Sec. 2929.01.  As used in this chapter:6099

       (A)(1) "Alternative residential facility" means, subject to6100
division (A)(2) of this section, any facility other than an6101
offender's home or residence in which an offender is assigned to6102
live and that satisfies all of the following criteria:6103

       (a) It provides programs through which the offender may seek6104
or maintain employment or may receive education, training,6105
treatment, or habilitation.6106

       (b) It has received the appropriate license or certificate6107
for any specialized education, training, treatment, habilitation,6108
or other service that it provides from the government agency that6109
is responsible for licensing or certifying that type of education,6110
training, treatment, habilitation, or service.6111

       (2) "Alternative residential facility" does not include a6112
community-based correctional facility, jail, halfway house, or6113
prison.6114

       (B) "Bad time" means the time by which the parole board6115
administratively extends an offender's stated prison term or terms6116
pursuant to section 2967.11 of the Revised Code because the parole6117
board finds by clear and convincing evidence that the offender,6118
while serving the prison term or terms, committed an act that is a6119
criminal offense under the law of this state or the United States,6120
whether or not the offender is prosecuted for the commission of6121
that act.6122

       (C) "Basic probation supervision" means a requirement that6123
the offender maintain contact with a person appointed to supervise6124
the offender in accordance with sanctions imposed by the court or6125
imposed by the parole board pursuant to section 2967.28 of the6126
Revised Code. "Basic probation supervision" includes basic parole6127
supervision and basic post-release control supervision.6128

       (D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and6129
"unit dose" have the same meanings as in section 2925.01 of the6130
Revised Code.6131

       (E) "Community-based correctional facility" means a6132
community-based correctional facility and program or district6133
community-based correctional facility and program developed6134
pursuant to sections 2301.51 to 2301.56 of the Revised Code.6135

       (F) "Community control sanction" means a sanction that is6136
not a prison term and that is described in section 2929.15,6137
2929.16, 2929.17, or 2929.18 of the Revised Code.6138

       (G) "Controlled substance," "marihuana," "schedule I," and6139
"schedule II" have the same meanings as in section 3719.01 of the6140
Revised Code.6141

       (H) "Curfew" means a requirement that an offender during a6142
specified period of time be at a designated place.6143

       (I) "Day reporting" means a sanction pursuant to which an6144
offender is required each day to report to and leave a center or6145
other approved reporting location at specified times in order to6146
participate in work, education or training, treatment, and other6147
approved programs at the center or outside the center.6148

       (J) "Deadly weapon" has the same meaning as in section6149
2923.11 of the Revised Code.6150

       (K) "Drug and alcohol use monitoring" means a program under6151
which an offender agrees to submit to random chemical analysis of6152
the offender's blood, breath, or urine to determine whether the6153
offender has ingested any alcohol or other drugs.6154

       (L) "Drug treatment program" means any program under which a6155
person undergoes assessment and treatment designed to reduce or6156
completely eliminate the person's physical or emotional reliance6157
upon alcohol, another drug, or alcohol and another drug and under6158
which the person may be required to receive assessment and6159
treatment on an outpatient basis or may be required to reside at a6160
facility other than the person's home or residence while6161
undergoing assessment and treatment.6162

       (M) "Economic loss" means any economic detriment suffered by6163
a victim as a result of the commission of a felony and includes6164
any loss of income due to lost time at work because of any injury6165
caused to the victim, and any property loss, medical cost, or6166
funeral expense incurred as a result of the commission of the6167
felony.6168

       (N) "Education or training" includes study at, or in6169
conjunction with a program offered by, a university, college, or6170
technical college or vocational study and also includes the6171
completion of primary school, secondary school, and literacy6172
curricula or their equivalent.6173

       (O) "Electronically monitored house arrest" has the same6174
meaning as in section 2929.23 of the Revised Code.6175

       (P) "Eligible offender" has the same meaning as in section6176
2929.23 of the Revised Code except as otherwise specified in6177
section 2929.20 of the Revised Code.6178

       (Q) "Firearm" has the same meaning as in section 2923.11 of6179
the Revised Code.6180

       (R) "Halfway house" means a facility licensed by the6181
division of parole and community services of the department of6182
rehabilitation and correction pursuant to section 2967.14 of the6183
Revised Code as a suitable facility for the care and treatment of6184
adult offenders.6185

       (S) "House arrest" means a period of confinement of an6186
eligible offender that is in the eligible offender's home or in6187
other premises specified by the sentencing court or by the parole6188
board pursuant to section 2967.28 of the Revised Code, that may be6189
electronically monitored house arrest, and during which all of the6190
following apply:6191

       (1) The eligible offender is required to remain in the6192
eligible offender's home or other specified premises for the6193
specified period of confinement, except for periods of time during6194
which the eligible offender is at the eligible offender's place of6195
employment or at other premises as authorized by the sentencing6196
court or by the parole board.6197

       (2) The eligible offender is required to report periodically6198
to a person designated by the court or parole board.6199

       (3) The eligible offender is subject to any other6200
restrictions and requirements that may be imposed by the6201
sentencing court or by the parole board.6202

       (T) "Intensive probation supervision" means a requirement6203
that an offender maintain frequent contact with a person appointed6204
by the court, or by the parole board pursuant to section 2967.286205
of the Revised Code, to supervise the offender while the offender6206
is seeking or maintaining necessary employment and participating6207
in training, education, and treatment programs as required in the6208
court's or parole board's order. "Intensive probation6209
supervision" includes intensive parole supervision and intensive6210
post-release control supervision.6211

       (U) "Jail" means a jail, workhouse, minimum security jail,6212
or other residential facility used for the confinement of alleged6213
or convicted offenders that is operated by a political subdivision6214
or a combination of political subdivisions of this state.6215

       (V) "Delinquent child" has the same meaning as in section6216
2152.02 of the Revised Code.6217

       (W) "License violation report" means a report that is made6218
by a sentencing court, or by the parole board pursuant to section6219
2967.28 of the Revised Code, to the regulatory or licensing board6220
or agency that issued an offender a professional license or a6221
license or permit to do business in this state and that specifies6222
that the offender has been convicted of or pleaded guilty to an6223
offense that may violate the conditions under which the offender's6224
professional license or license or permit to do business in this6225
state was granted or an offense for which the offender's6226
professional license or license or permit to do business in this6227
state may be revoked or suspended.6228

       (X) "Major drug offender" means an offender who is convicted6229
of or pleads guilty to the possession of, sale of, or offer to6230
sell any drug, compound, mixture, preparation, or substance that6231
consists of or contains at least one thousand grams of hashish; at6232
least one hundred grams of crack cocaine; at least one thousand6233
grams of cocaine that is not crack cocaine; at least two thousand6234
five hundred unit doses or two hundred fifty grams of heroin; at6235
least five thousand unit doses of L.S.D. or five hundred grams of6236
L.S.D. in a liquid concentrate, liquid extract, or liquid6237
distillate form; or at least one hundred times the amount of any6238
other schedule I or II controlled substance other than marihuana6239
that is necessary to commit a felony of the third degree pursuant6240
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised6241
Code that is based on the possession of, sale of, or offer to sell6242
the controlled substance.6243

       (Y) "Mandatory prison term" means any of the following:6244

       (1) Subject to division (Y)(2) of this section, the term in6245
prison that must be imposed for the offenses or circumstances set6246
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and6247
division (D) of section 2929.14 of the Revised Code. Except as6248
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and6249
2925.11 of the Revised Code, unless the maximum or another6250
specific term is required under section 2929.14 of the Revised6251
Code, a mandatory prison term described in this division may be6252
any prison term authorized for the level of offense.6253

       (2) The term of sixty or one hundred twenty days in prison6254
that a sentencing court is required to impose for a third or6255
fourth degree felony OMVIOVI offense pursuant to division (G)(2)6256
of section 2929.13 and division (A)(4) or (8)(G)(1)(d) or (e) of6257
section 4511.994511.19 of the Revised Code.6258

       (3) The term in prison imposed pursuant to section 2971.036259
of the Revised Code for the offenses and in the circumstances6260
described in division (F)(11) of section 2929.13 of the Revised6261
Code and that term as modified or terminated pursuant to section6262
2971.05 of the Revised Code.6263

       (Z) "Monitored time" means a period of time during which an6264
offender continues to be under the control of the sentencing court6265
or parole board, subject to no conditions other than leading a6266
law-abiding life.6267

       (AA) "Offender" means a person who, in this state, is6268
convicted of or pleads guilty to a felony or a misdemeanor.6269

       (BB) "Prison" means a residential facility used for the6270
confinement of convicted felony offenders that is under the6271
control of the department of rehabilitation and correction but6272
does not include a violation sanction center operated under6273
authority of section 2967.141 of the Revised Code.6274

       (CC) "Prison term" includes any of the following sanctions6275
for an offender:6276

       (1) A stated prison term;6277

       (2) A term in a prison shortened by, or with the approval6278
of, the sentencing court pursuant to section 2929.20, 2967.26,6279
5120.031, 5120.032, or 5120.073 of the Revised Code;6280

       (3) A term in prison extended by bad time imposed pursuant6281
to section 2967.11 of the Revised Code or imposed for a violation6282
of post-release control pursuant to section 2967.28 of the Revised6283
Code.6284

       (DD) "Repeat violent offender" means a person about whom6285
both of the following apply:6286

       (1) The person has been convicted of or has pleaded guilty6287
to, and is being sentenced for committing, for complicity in6288
committing, or for an attempt to commit, aggravated murder,6289
murder, involuntary manslaughter, a felony of the first degree6290
other than one set forth in Chapter 2925. of the Revised Code, a6291
felony of the first degree set forth in Chapter 2925. of the6292
Revised Code that involved an attempt to cause serious physical6293
harm to a person or that resulted in serious physical harm to a6294
person, or a felony of the second degree that involved an attempt6295
to cause serious physical harm to a person or that resulted in6296
serious physical harm to a person.6297

       (2) Either of the following applies:6298

       (a) The person previously was convicted of or pleaded guilty6299
to, and served a prison term for, any of the following:6300

       (i) Aggravated murder, murder, involuntary manslaughter,6301
rape, felonious sexual penetration as it existed under section6302
2907.12 of the Revised Code prior to September 3, 1996, a felony6303
of the first or second degree that resulted in the death of a6304
person or in physical harm to a person, or complicity in or an6305
attempt to commit any of those offenses;6306

       (ii) An offense under an existing or former law of this6307
state, another state, or the United States that is or was6308
substantially equivalent to an offense listed under division6309
(DD)(2)(a)(i) of this section and that resulted in the death of a6310
person or in physical harm to a person.6311

       (b) The person previously was adjudicated a delinquent child6312
for committing an act that if committed by an adult would have6313
been an offense listed in division (DD)(2)(a)(i) or (ii) of this6314
section, the person was committed to the department of youth6315
services for that delinquent act.6316

       (EE) "Sanction" means any penalty imposed upon an offender6317
who is convicted of or pleads guilty to an offense, as punishment6318
for the offense. "Sanction" includes any sanction imposed6319
pursuant to any provision of sections 2929.14 to 2929.18 of the6320
Revised Code.6321

       (FF) "Sentence" means the sanction or combination of6322
sanctions imposed by the sentencing court on an offender who is6323
convicted of or pleads guilty to a felony.6324

       (GG) "Stated prison term" means the prison term, mandatory6325
prison term, or combination of all prison terms and mandatory6326
prison terms imposed by the sentencing court pursuant to section6327
2929.14 or 2971.03 of the Revised Code. "Stated prison term"6328
includes any credit received by the offender for time spent in6329
jail awaiting trial, sentencing, or transfer to prison for the6330
offense and any time spent under house arrest or electronically6331
monitored house arrest imposed after earning credits pursuant to6332
section 2967.193 of the Revised Code.6333

       (HH) "Victim-offender mediation" means a reconciliation or6334
mediation program that involves an offender and the victim of the6335
offense committed by the offender and that includes a meeting in6336
which the offender and the victim may discuss the offense, discuss6337
restitution, and consider other sanctions for the offense.6338

       (II) "Fourth degree felony OMVIOVI offense" means a6339
violation of division (A) of section 4511.19 of the Revised Code6340
that, under division (G) of that section 4511.99 of the Revised6341
Code, is a felony of the fourth degree.6342

       (JJ) "Mandatory term of local incarceration" means the term6343
of sixty or one hundred twenty days in a jail, a community-based6344
correctional facility, a halfway house, or an alternative6345
residential facility that a sentencing court may impose upon a6346
person who is convicted of or pleads guilty to a fourth degree6347
felony OMVIOVI offense pursuant to division (G)(1) of section6348
2929.13 of the Revised Code and division (A)(4) or (8)(G)(1)(d)6349
or (e) of section 4511.994511.19 of the Revised Code.6350

       (KK) "Designated homicide, assault, or kidnapping offense,"6351
"sexual motivation specification," "sexually violent offense,"6352
"sexually violent predator," and "sexually violent predator6353
specification" have the same meanings as in section 2971.01 of the6354
Revised Code.6355

       (LL) "Habitual sex offender," "sexually oriented offense,"6356
and "sexual predator" have the same meanings as in section 2950.016357
of the Revised Code.6358

       (MM) An offense is "committed in the vicinity of a child" if6359
the offender commits the offense within thirty feet of or within6360
the same residential unit as a child who is under eighteen years6361
of age, regardless of whether the offender knows the age of the6362
child or whether the offender knows the offense is being committed6363
within thirty feet of or within the same residential unit as the6364
child and regardless of whether the child actually views the6365
commission of the offense.6366

       (NN) "Family or household member" has the same meaning as in6367
section 2919.25 of the Revised Code.6368

       (OO) "Motor vehicle" and "manufactured home" have the same6369
meanings as in section 4501.01 of the Revised Code.6370

       (PP) "Detention" and "detention facility" have the same6371
meanings as in section 2921.01 of the Revised Code.6372

       (QQ) "Third degree felony OMVIOVI offense" means a6373
violation of division (A) of section 4511.19 of the Revised Code6374
that, under division (G) of that section 4511.99 of the Revised6375
Code, is a felony of the third degree.6376

       (RR) "Random drug testing" has the same meaning as in6377
section 5120.63 of the Revised Code.6378

       (SS) "Felony sex offense" has the same meaning as in section6379
2957.28 of the Revised Code.6380

       (RR)(TT) "Body armor" has the same meaning as in section6381
2941.1411 of the Revised Code.6382

       Sec. 2929.13.  (A) Except as provided in division (E), (F),6383
or (G) of this section and unless a specific sanction is required6384
to be imposed or is precluded from being imposed pursuant to law,6385
a court that imposes a sentence upon an offender for a felony may6386
impose any sanction or combination of sanctions on the offender6387
that are provided in sections 2929.14 to 2929.18 of the Revised6388
Code. The sentence shall not impose an unnecessary burden on6389
state or local government resources.6390

       If the offender is eligible to be sentenced to community6391
control sanctions, the court shall consider the appropriateness of6392
imposing a financial sanction pursuant to section 2929.18 of the6393
Revised Code or a sanction of community service pursuant to6394
section 2929.17 of the Revised Code as the sole sanction for the6395
offense. Except as otherwise provided in this division, if the6396
court is required to impose a mandatory prison term for the6397
offense for which sentence is being imposed, the court also may6398
impose a financial sanction pursuant to section 2929.18 of the6399
Revised Code but may not impose any additional sanction or6400
combination of sanctions under section 2929.16 or 2929.17 of the6401
Revised Code.6402

       If the offender is being sentenced for a fourth degree felony6403
OMVIOVI offense or for a third degree felony OMVIOVI offense, in6404
addition to the mandatory term of local incarceration or the6405
mandatory prison term required for the offense by division (G)(1)6406
or (2) of this section, the court shall impose upon the offender a6407
mandatory fine in accordance with division (B)(3) of section6408
2929.18 of the Revised Code and may impose whichever of the6409
following is applicable:6410

       (1) For a fourth degree felony OMVIOVI offense for which6411
sentence is imposed under division (G)(1) of this section, an6412
additional community control sanction or combination of community6413
control sanctions under section 2929.16 or 2929.17 of the Revised6414
Code;6415

       (2) For a third or fourth degree felony OMVIOVI offense for6416
which sentence is imposed under division (G)(2) of this section,6417
an additional prison term as described in division (D)(4) of6418
section 2929.14 of the Revised Code.6419

       (B)(1) Except as provided in division (B)(2), (E), (F), or6420
(G) of this section, in sentencing an offender for a felony of the6421
fourth or fifth degree, the sentencing court shall determine6422
whether any of the following apply:6423

       (a) In committing the offense, the offender caused physical6424
harm to a person.6425

       (b) In committing the offense, the offender attempted to6426
cause or made an actual threat of physical harm to a person with a6427
deadly weapon.6428

       (c) In committing the offense, the offender attempted to6429
cause or made an actual threat of physical harm to a person, and6430
the offender previously was convicted of an offense that caused6431
physical harm to a person.6432

       (d) The offender held a public office or position of trust6433
and the offense related to that office or position; the offender's6434
position obliged the offender to prevent the offense or to bring6435
those committing it to justice; or the offender's professional6436
reputation or position facilitated the offense or was likely to6437
influence the future conduct of others.6438

       (e) The offender committed the offense for hire or as part6439
of an organized criminal activity.6440

       (f) The offense is a sex offense that is a fourth or fifth6441
degree felony violation of section 2907.03, 2907.04, 2907.05,6442
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the6443
Revised Code.6444

       (g) The offender previously served a prison term.6445

       (h) The offender committed the offense while under a6446
community control sanction, while on probation, or while released6447
from custody on a bond or personal recognizance.6448

       (i) The offender committed the offense while in possession6449
of a firearm.6450

       (2)(a) If the court makes a finding described in division6451
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this6452
section and if the court, after considering the factors set forth6453
in section 2929.12 of the Revised Code, finds that a prison term6454
is consistent with the purposes and principles of sentencing set6455
forth in section 2929.11 of the Revised Code and finds that the6456
offender is not amenable to an available community control6457
sanction, the court shall impose a prison term upon the offender.6458

       (b) Except as provided in division (E), (F), or (G) of this6459
section, if the court does not make a finding described in6460
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of6461
this section and if the court, after considering the factors set6462
forth in section 2929.12 of the Revised Code, finds that a6463
community control sanction or combination of community control6464
sanctions is consistent with the purposes and principles of6465
sentencing set forth in section 2929.11 of the Revised Code, the6466
court shall impose a community control sanction or combination of6467
community control sanctions upon the offender.6468

       (C) Except as provided in division (E), (F), or (G) of this6469
section, in determining whether to impose a prison term as a6470
sanction for a felony of the third degree or a felony drug offense6471
that is a violation of a provision of Chapter 2925. of the Revised6472
Code and that is specified as being subject to this division for6473
purposes of sentencing, the sentencing court shall comply with the6474
purposes and principles of sentencing under section 2929.11 of the6475
Revised Code and with section 2929.12 of the Revised Code.6476

       (D) Except as provided in division (E) or (F) of this6477
section, for a felony of the first or second degree and for a6478
felony drug offense that is a violation of any provision of6479
Chapter 2925., 3719., or 4729. of the Revised Code for which a6480
presumption in favor of a prison term is specified as being6481
applicable, it is presumed that a prison term is necessary in6482
order to comply with the purposes and principles of sentencing6483
under section 2929.11 of the Revised Code. Notwithstanding the6484
presumption established under this division, the sentencing court6485
may impose a community control sanction or a combination of6486
community control sanctions instead of a prison term on an6487
offender for a felony of the first or second degree or for a6488
felony drug offense that is a violation of any provision of6489
Chapter 2925., 3719., or 4729. of the Revised Code for which a6490
presumption in favor of a prison term is specified as being6491
applicable if it makes both of the following findings:6492

       (1) A community control sanction or a combination of6493
community control sanctions would adequately punish the offender6494
and protect the public from future crime, because the applicable6495
factors under section 2929.12 of the Revised Code indicating a6496
lesser likelihood of recidivism outweigh the applicable factors6497
under that section indicating a greater likelihood of recidivism.6498

       (2) A community control sanction or a combination of6499
community control sanctions would not demean the seriousness of6500
the offense, because one or more factors under section 2929.12 of6501
the Revised Code that indicate that the offender's conduct was6502
less serious than conduct normally constituting the offense are6503
applicable, and they outweigh the applicable factors under that6504
section that indicate that the offender's conduct was more serious6505
than conduct normally constituting the offense.6506

       (E)(1) Except as provided in division (F) of this section,6507
for any drug offense that is a violation of any provision of6508
Chapter 2925. of the Revised Code and that is a felony of the6509
third, fourth, or fifth degree, the applicability of a presumption6510
under division (D) of this section in favor of a prison term or of6511
division (B) or (C) of this section in determining whether to6512
impose a prison term for the offense shall be determined as6513
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,6514
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the6515
Revised Code, whichever is applicable regarding the violation.6516

       (2) If an offender who was convicted of or pleaded guilty to6517
a felony violates the conditions of a community control sanction6518
imposed for the offense solely by reason of producing positive6519
results on a drug test, the court, as punishment for the violation6520
of the sanction, shall not order that the offender be imprisoned6521
unless the court determines on the record either of the following:6522

       (a) The offender had been ordered as a sanction for the6523
felony to participate in a drug treatment program, in a drug6524
education program, or in narcotics anonymous or a similar program,6525
and the offender continued to use illegal drugs after a reasonable6526
period of participation in the program.6527

       (b) The imprisonment of the offender for the violation is6528
consistent with the purposes and principles of sentencing set6529
forth in section 2929.11 of the Revised Code.6530

       (F) Notwithstanding divisions (A) to (E) of this section,6531
the court shall impose a prison term or terms under sections6532
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the6533
Revised Code and except as specifically provided in section6534
2929.20 or 2967.191 of the Revised Code or when parole is6535
authorized for the offense under section 2967.13 of the Revised6536
Code shall not reduce the terms pursuant to section 2929.20,6537
section 2967.193, or any other provision of Chapter 2967. or6538
Chapter 5120. of the Revised Code for any of the following6539
offenses:6540

       (1) Aggravated murder when death is not imposed or murder;6541

       (2) Any rape, regardless of whether force was involved and6542
regardless of the age of the victim, or an attempt to commit rape6543
by force when the victim is under thirteen years of age;6544

       (3) Gross sexual imposition or sexual battery, if the victim6545
is under thirteen years of age, if the offender previously was6546
convicted of or pleaded guilty to rape, the former offense of6547
felonious sexual penetration, gross sexual imposition, or sexual6548
battery, and if the victim of the previous offense was under6549
thirteen years of age;6550

       (4) A felony violation of section 2903.04, 2903.06, 2903.08,6551
2903.11, 2903.12, or 2903.13 of the Revised Code if the section6552
requires the imposition of a prison term;6553

       (5) A first, second, or third degree felony drug offense for6554
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,6555
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or6556
4729.99 of the Revised Code, whichever is applicable regarding the6557
violation, requires the imposition of a mandatory prison term;6558

       (6) Any offense that is a first or second degree felony and6559
that is not set forth in division (F)(1), (2), (3), or (4) of this6560
section, if the offender previously was convicted of or pleaded6561
guilty to aggravated murder, murder, any first or second degree6562
felony, or an offense under an existing or former law of this6563
state, another state, or the United States that is or was6564
substantially equivalent to one of those offenses;6565

       (7) Any offense that is a third degree felony and that is6566
listed in division (DD)(1) of section 2929.01 of the Revised Code6567
if the offender previously was convicted of or pleaded guilty to6568
any offense that is listed in division (DD)(2)(a)(i) or (ii) of6569
section 2929.01 of the Revised Code;6570

       (8) Any offense, other than a violation of section 2923.126571
of the Revised Code, that is a felony, if the offender had a6572
firearm on or about the offender's person or under the offender's6573
control while committing the felony, with respect to a portion of6574
the sentence imposed pursuant to division (D)(1)(a) of section6575
2929.14 of the Revised Code for having the firearm;6576

       (9) Any offense of violence that is a felony, if the6577
offender wore or carried body armor while committing the felony6578
offense of violence, with respect to the portion of the sentence6579
imposed pursuant to division (D)(1)(d) of section 2929.14 of the6580
Revised Code for wearing or carrying the body armor;6581

       (10) Corrupt activity in violation of section 2923.32 of the6582
Revised Code when the most serious offense in the pattern of6583
corrupt activity that is the basis of the offense is a felony of6584
the first degree;6585

       (11) Any sexually violent offense for which the offender6586
also is convicted of or pleads guilty to a sexually violent6587
predator specification that was included in the indictment, count6588
in the indictment, or information charging the sexually violent6589
offense;6590

       (12) A violation of division (A)(1) or (2) of section6591
2921.36 of the Revised Code, or a violation of division (C) of6592
that section involving an item listed in division (A)(1) or (2) of6593
that section, if the offender is an officer or employee of the6594
department of rehabilitation and correction.6595

       (G) Notwithstanding divisions (A) to (E) of this section, if6596
an offender is being sentenced for a fourth degree felony OMVIOVI6597
offense or for a third degree felony OMVIOVI offense, the court6598
shall impose upon the offender a mandatory term of local6599
incarceration or a mandatory prison term in accordance with the6600
following:6601

       (1) If the offender is being sentenced for a fourth degree6602
felony OMVIOVI offense, the court may impose upon the offender a6603
mandatory term of local incarceration of sixty days or one hundred6604
twenty days as specified in division (A)(4)(G)(1)(d) of section6605
4511.994511.19 of the Revised Code or a mandatory term of local6606
incarceration of one hundred twenty days as specified in division6607
(A)(8) of that section. The court shall not reduce the term6608
pursuant to section 2929.20, 2967.193, or any other provision of6609
the Revised Code. The court that imposes a mandatory term of6610
local incarceration under this division shall specify whether the6611
term is to be served in a jail, a community-based correctional6612
facility, a halfway house, or an alternative residential facility,6613
and the offender shall serve the term in the type of facility6614
specified by the court. A mandatory term of local incarceration6615
imposed under division (G)(1) of this section is not subject to6616
extension under section 2967.11 of the Revised Code, to a period6617
of post-release control under section 2967.28 of the Revised Code,6618
or to any other Revised Code provision that pertains to a prison6619
term.6620

       (2) If the offender is being sentenced for a third degree6621
felony OMVIOVI offense, or if the offender is being sentenced for6622
a fourth degree felony OMVIOVI offense and the court does not6623
impose a mandatory term of local incarceration under division6624
(G)(1) of this section, the court shall impose upon the offender a6625
mandatory prison term of sixty days or one hundred twenty days as6626
specified in division (A)(4)(G)(1)(e) of section 4511.994511.196627
of the Revised Code or a mandatory prison term of one hundred6628
twenty days as specified in division (A)(8) of that section. The6629
court shall not reduce the term pursuant to section 2929.20,6630
2967.193, or any other provision of the Revised Code. In no case6631
shall an offender who once has been sentenced to a mandatory term6632
of local incarceration pursuant to division (G)(1) of this section6633
for a fourth degree felony OMVIOVI offense be sentenced to6634
another mandatory term of local incarceration under that division6635
for any violation of division (A) of section 4511.19 of the6636
Revised Code. The court shall not sentence the offender to a6637
community control sanction under section 2929.16 or 2929.17 of the6638
Revised Code. The department of rehabilitation and correction may6639
place an offender sentenced to a mandatory prison term under this6640
division in an intensive program prison established pursuant to6641
section 5120.033 of the Revised Code if the department gave the6642
sentencing judge prior notice of its intent to place the offender6643
in an intensive program prison established under that section and6644
if the judge did not notify the department that the judge6645
disapproved the placement. Upon the establishment of the initial6646
intensive program prison pursuant to section 5120.033 of the6647
Revised Code that is privately operated and managed by a6648
contractor pursuant to a contract entered into under section 9.066649
of the Revised Code, both of the following apply:6650

       (a) The department of rehabilitation and correction shall6651
make a reasonable effort to ensure that a sufficient number of6652
offenders sentenced to a mandatory prison term under this division6653
are placed in the privately operated and managed prison so that6654
the privately operated and managed prison has full occupancy.6655

       (b) Unless the privately operated and managed prison has6656
full occupancy, the department of rehabilitation and correction6657
shall not place any offender sentenced to a mandatory prison term6658
under this division in any intensive program prison established6659
pursuant to section 5120.033 of the Revised Code other than the6660
privately operated and managed prison.6661

       (H) If an offender is being sentenced for a sexually6662
oriented offense committed on or after January 1, 1997, the judge6663
shall require the offender to submit to a DNA specimen collection6664
procedure pursuant to section 2901.07 of the Revised Code if6665
either of the following applies:6666

       (1) The offense was a sexually violent offense, and the6667
offender also was convicted of or pleaded guilty to a sexually6668
violent predator specification that was included in the6669
indictment, count in the indictment, or information charging the6670
sexually violent offense.6671

       (2) The judge imposing sentence for the sexually oriented6672
offense determines pursuant to division (B) of section 2950.09 of6673
the Revised Code that the offender is a sexual predator.6674

       (I) If an offender is being sentenced for a sexually6675
oriented offense committed on or after January 1, 1997, the judge6676
shall include in the sentence a summary of the offender's duty to6677
register pursuant to section 2950.04 of the Revised Code, the6678
offender's duty to provide notice of a change in residence address6679
and register the new residence address pursuant to section 2950.056680
of the Revised Code, the offender's duty to periodically verify6681
the offender's current residence address pursuant to section6682
2950.06 of the Revised Code, and the duration of the duties. The6683
judge shall inform the offender, at the time of sentencing, of6684
those duties and of their duration and, if required under division6685
(A)(2) of section 2950.03 of the Revised Code, shall perform the6686
duties specified in that section.6687

       (J)(1) Except as provided in division (J)(2) of this6688
section, when considering sentencing factors under this section in6689
relation to an offender who is convicted of or pleads guilty to an6690
attempt to commit an offense in violation of section 2923.02 of6691
the Revised Code, the sentencing court shall consider the factors6692
applicable to the felony category of the violation of section6693
2923.02 of the Revised Code instead of the factors applicable to6694
the felony category of the offense attempted.6695

       (2) When considering sentencing factors under this section6696
in relation to an offender who is convicted of or pleads guilty to6697
an attempt to commit a drug abuse offense for which the penalty is6698
determined by the amount or number of unit doses of the controlled6699
substance involved in the drug abuse offense, the sentencing court6700
shall consider the factors applicable to the felony category that6701
the drug abuse offense attempted would be if that drug abuse6702
offense had been committed and had involved an amount or number of6703
unit doses of the controlled substance that is within the next6704
lower range of controlled substance amounts than was involved in6705
the attempt.6706

       (K) As used in this section, "drug abuse offense" has the6707
same meaning as in section 2925.01 of the Revised Code.6708

       Sec. 2929.14.  (A) Except as provided in division (C),6709
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this section and except6710
in relation to an offense for which a sentence of death or life6711
imprisonment is to be imposed, if the court imposing a sentence6712
upon an offender for a felony elects or is required to impose a6713
prison term on the offender pursuant to this chapter and is not6714
prohibited by division (G)(1) of section 2929.13 of the Revised6715
Code from imposing a prison term on the offender, the court shall6716
impose a definite prison term that shall be one of the following:6717

       (1) For a felony of the first degree, the prison term shall6718
be three, four, five, six, seven, eight, nine, or ten years.6719

       (2) For a felony of the second degree, the prison term shall6720
be two, three, four, five, six, seven, or eight years.6721

       (3) For a felony of the third degree, the prison term shall6722
be one, two, three, four, or five years.6723

       (4) For a felony of the fourth degree, the prison term shall6724
be six, seven, eight, nine, ten, eleven, twelve, thirteen,6725
fourteen, fifteen, sixteen, seventeen, or eighteen months.6726

       (5) For a felony of the fifth degree, the prison term shall6727
be six, seven, eight, nine, ten, eleven, or twelve months.6728

       (B) Except as provided in division (C), (D)(1), (D)(2),6729
(D)(3), or (G) of this section, in section 2907.02 of the Revised6730
Code, or in Chapter 2925. of the Revised Code, if the court6731
imposing a sentence upon an offender for a felony elects or is6732
required to impose a prison term on the offender and if the6733
offender previously has not served a prison term, the court shall6734
impose the shortest prison term authorized for the offense6735
pursuant to division (A) of this section, unless the court finds6736
on the record that the shortest prison term will demean the6737
seriousness of the offender's conduct or will not adequately6738
protect the public from future crime by the offender or others.6739

       (C) Except as provided in division (G) of this section or in6740
Chapter 2925. of the Revised Code, the court imposing a sentence6741
upon an offender for a felony may impose the longest prison term6742
authorized for the offense pursuant to division (A) of this6743
section only upon offenders who committed the worst forms of the6744
offense, upon offenders who pose the greatest likelihood of6745
committing future crimes, upon certain major drug offenders under6746
division (D)(3) of this section, and upon certain repeat violent6747
offenders in accordance with division (D)(2) of this section.6748

       (D)(1)(a) Except as provided in division (D)(1)(e) of this6749
section, if an offender who is convicted of or pleads guilty to a6750
felony also is convicted of or pleads guilty to a specification of6751
the type described in section 2941.141, 2941.144, or 2941.145 of6752
the Revised Code, the court shall impose on the offender one of6753
the following prison terms:6754

       (i) A prison term of six years if the specification is of6755
the type described in section 2941.144 of the Revised Code that6756
charges the offender with having a firearm that is an automatic6757
firearm or that was equipped with a firearm muffler or silencer on6758
or about the offender's person or under the offender's control6759
while committing the felony;6760

       (ii) A prison term of three years if the specification is of6761
the type described in section 2941.145 of the Revised Code that6762
charges the offender with having a firearm on or about the6763
offender's person or under the offender's control while committing6764
the offense and displaying the firearm, brandishing the firearm,6765
indicating that the offender possessed the firearm, or using it to6766
facilitate the offense;6767

       (iii) A prison term of one year if the specification is of6768
the type described in section 2941.141 of the Revised Code that6769
charges the offender with having a firearm on or about the6770
offender's person or under the offender's control while committing6771
the felony.6772

       (b) If a court imposes a prison term on an offender under6773
division (D)(1)(a) of this section, the prison term shall not be6774
reduced pursuant to section 2929.20, section 2967.193, or any6775
other provision of Chapter 2967. or Chapter 5120. of the Revised6776
Code. A court shall not impose more than one prison term on an6777
offender under division (D)(1)(a) of this section for felonies6778
committed as part of the same act or transaction.6779

       (c) Except as provided in division (D)(1)(e) of this6780
section, if an offender who is convicted of or pleads guilty to a6781
violation of section 2923.161 of the Revised Code or to a felony6782
that includes, as an essential element, purposely or knowingly6783
causing or attempting to cause the death of or physical harm to6784
another, also is convicted of or pleads guilty to a specification6785
of the type described in section 2941.146 of the Revised Code that6786
charges the offender with committing the offense by discharging a6787
firearm from a motor vehicle other than a manufactured home, the6788
court, after imposing a prison term on the offender for the6789
violation of section 2923.161 of the Revised Code or for the other6790
felony offense under division (A), (D)(2), or (D)(3) of this6791
section, shall impose an additional prison term of five years upon6792
the offender that shall not be reduced pursuant to section6793
2929.20, section 2967.193, or any other provision of Chapter 2967.6794
or Chapter 5120. of the Revised Code. A court shall not impose6795
more than one additional prison term on an offender under division6796
(D)(1)(c) of this section for felonies committed as part of the6797
same act or transaction. If a court imposes an additional prison6798
term on an offender under division (D)(1)(c) of this section6799
relative to an offense, the court also shall impose a prison term6800
under division (D)(1)(a) of this section relative to the same6801
offense, provided the criteria specified in that division for6802
imposing an additional prison term are satisfied relative to the6803
offender and the offense.6804

       (d) If an offender who is convicted of or pleads guilty to6805
an offense of violence that is a felony also is convicted of or6806
pleads guilty to a specification of the type described in section6807
2941.1411 of the Revised Code that charges the offender with6808
wearing or carrying body armor while committing the felony offense6809
of violence, the court shall impose on the offender a prison term6810
of two years. The prison term so imposed shall not be reduced6811
pursuant to section 2929.20, section 2967.193, or any other6812
provision of chapterChapter 2967. or chapterChapter 5120. of the6813
Revised Code. A court shall not impose more than one prison term6814
on an offender under division (D)(1)(d) of this section for6815
felonies committed as part of the same act or transaction. If a6816
court imposes an additional prison term under division (D)(1)(a)6817
or (c) of this section, the court is not precluded from imposing6818
an additional prison term under division (D)(1)(d) of this6819
section.6820

       (e) The court shall not impose any of the prison terms6821
described in division (D)(1)(a) of this section or any of the6822
additional prison terms described in division (D)(1)(c) of this6823
section upon an offender for a violation of section 2923.12 or6824
2923.123 of the Revised Code. The court shall not impose any of6825
the prison terms described in division (D)(1)(a) of this section6826
or any of the additional prison terms described in division6827
(D)(1)(c) of this section upon an offender for a violation of6828
section 2923.13 of the Revised Code unless all of the following6829
apply:6830

       (i) The offender previously has been convicted of aggravated6831
murder, murder, or any felony of the first or second degree.6832

       (ii) Less than five years have passed since the offender was6833
released from prison or post-release control, whichever is later,6834
for the prior offense.6835

       (2)(a) If an offender who is convicted of or pleads guilty6836
to a felony also is convicted of or pleads guilty to a6837
specification of the type described in section 2941.149 of the6838
Revised Code that the offender is a repeat violent offender, the6839
court shall impose a prison term from the range of terms6840
authorized for the offense under division (A) of this section that6841
may be the longest term in the range and that shall not be reduced6842
pursuant to section 2929.20, section 2967.193, or any other6843
provision of Chapter 2967. or Chapter 5120. of the Revised Code.6844
If the court finds that the repeat violent offender, in committing6845
the offense, caused any physical harm that carried a substantial6846
risk of death to a person or that involved substantial permanent6847
incapacity or substantial permanent disfigurement of a person, the6848
court shall impose the longest prison term from the range of terms6849
authorized for the offense under division (A) of this section.6850

       (b) If the court imposing a prison term on a repeat violent6851
offender imposes the longest prison term from the range of terms6852
authorized for the offense under division (A) of this section, the6853
court may impose on the offender an additional definite prison6854
term of one, two, three, four, five, six, seven, eight, nine, or6855
ten years if the court finds that both of the following apply with6856
respect to the prison terms imposed on the offender pursuant to6857
division (D)(2)(a) of this section and, if applicable, divisions6858
(D)(1) and (3) of this section:6859

       (i) The terms so imposed are inadequate to punish the6860
offender and protect the public from future crime, because the6861
applicable factors under section 2929.12 of the Revised Code6862
indicating a greater likelihood of recidivism outweigh the6863
applicable factors under that section indicating a lesser6864
likelihood of recidivism.6865

       (ii) The terms so imposed are demeaning to the seriousness6866
of the offense, because one or more of the factors under section6867
2929.12 of the Revised Code indicating that the offender's conduct6868
is more serious than conduct normally constituting the offense are6869
present, and they outweigh the applicable factors under that6870
section indicating that the offender's conduct is less serious6871
than conduct normally constituting the offense.6872

       (3)(a) Except when an offender commits a violation of6873
section 2903.01 or 2907.02 of the Revised Code and the penalty6874
imposed for the violation is life imprisonment or commits a6875
violation of section 2903.02 of the Revised Code, if the offender6876
commits a violation of section 2925.03 or 2925.11 of the Revised6877
Code and that section classifies the offender as a major drug6878
offender and requires the imposition of a ten-year prison term on6879
the offender, if the offender commits a felony violation of6880
section 2925.02, 2925.04, 2925.05, 2925.36, 3719.07, 3719.08,6881
3719.16, 3719.161, 4729.37, or 4729.61, division (C) or (D) of6882
section 3719.172, division (C) of section 4729.51, or division (J)6883
of section 4729.54 of the Revised Code that includes the sale,6884
offer to sell, or possession of a schedule I or II controlled6885
substance, with the exception of marihuana, and the court imposing6886
sentence upon the offender finds that the offender is guilty of a6887
specification of the type described in section 2941.1410 of the6888
Revised Code charging that the offender is a major drug offender,6889
or if the court imposing sentence upon an offender for a felony6890
finds that the offender is guilty of corrupt activity with the6891
most serious offense in the pattern of corrupt activity being a6892
felony of the first degree or is guilty of an attempted forcible6893
violation of section 2907.02 of the Revised Code with the victim6894
being under thirteen years of age and that attempted violation is6895
the felony for which sentence is being imposed, the court shall6896
impose upon the offender for the felony violation a ten-year6897
prison term that cannot be reduced pursuant to section 2929.20 or6898
Chapter 2967. or 5120. of the Revised Code.6899

       (b) The court imposing a prison term on an offender under6900
division (D)(3)(a) of this section may impose an additional prison6901
term of one, two, three, four, five, six, seven, eight, nine, or6902
ten years, if the court, with respect to the term imposed under6903
division (D)(3)(a) of this section and, if applicable, divisions6904
(D)(1) and (2) of this section, makes both of the findings set6905
forth in divisions (D)(2)(b)(i) and (ii) of this section.6906

       (4) If the offender is being sentenced for a third or fourth6907
degree felony OMVIOVI offense under division (G)(2) of section6908
2929.13 of the Revised Code, the sentencing court shall impose6909
upon the offender a mandatory prison term in accordance with that6910
division. In addition to the mandatory prison term, if the6911
offender is being sentenced for a fourth degree felony OVI6912
offense, the court, notwithstanding division (A)(4) of this6913
section, may sentence the offender to a definite prison term of6914
not less than six months and not more than thirty months, and if6915
the offender is being sentenced for a third degree felony OVI6916
offense, the sentencing court may sentence the offender to an6917
additional prison term of any duration specified in division6918
(A)(3) of this section minus. In either case, the additional6919
prison term imposed shall be reduced by the sixty or one hundred6920
twenty days imposed upon the offender as the mandatory prison6921
term. The total of the additional prison term imposed under6922
division (D)(4) of this section plus the sixty or one hundred6923
twenty days imposed as the mandatory prison term shall equal a6924
definite term in the range of six months to thirty months for a6925
fourth degree felony OVI offense and shall equal one of the6926
authorized prison terms specified in division (A)(3) of this6927
section for a third degree felony OVI offense. If the court6928
imposes an additional prison term under division (D)(4) of this6929
section, the offender shall serve the additional prison term after6930
the offender has served the mandatory prison term required for the6931
offense. The court shall not sentence the offender to a community6932
control sanction under section 2929.16 or 2929.17 of the Revised6933
Code.6934

       (E)(1)(a) Subject to division (E)(1)(b) of this section, if6935
a mandatory prison term is imposed upon an offender pursuant to6936
division (D)(1)(a) of this section for having a firearm on or6937
about the offender's person or under the offender's control while6938
committing a felony, if a mandatory prison term is imposed upon an6939
offender pursuant to division (D)(1)(c) of this section for6940
committing a felony specified in that division by discharging a6941
firearm from a motor vehicle, or if both types of mandatory prison6942
terms are imposed, the offender shall serve any mandatory prison6943
term imposed under either division consecutively to any other6944
mandatory prison term imposed under either division or under6945
division (D)(1)(d) of this section, consecutively to and prior to6946
any prison term imposed for the underlying felony pursuant to6947
division (A), (D)(2), or (D)(3) of this section or any other6948
section of the Revised Code, and consecutively to any other prison6949
term or mandatory prison term previously or subsequently imposed6950
upon the offender.6951

       (b) If a mandatory prison term is imposed upon an offender6952
pursuant to division (D)(1)(d) of this section for wearing or6953
carrying body armor while committing an offense of violence that6954
is a felony, the offender shall serve the mandatory term so6955
imposed consecutively to any other mandatory prison term imposed6956
under that division or under division (D)(1)(a) or (c) of this6957
section, consecutively to and prior to any prison term imposed for6958
the underlying felony under division (A), (D)(2), or (D)(3) of6959
this section or any other section of the Revised Code, and6960
consecutively to any other prison term or mandatory prison term6961
previously or subsequently imposed upon the offender.6962

       (2) If an offender who is an inmate in a jail, prison, or6963
other residential detention facility violates section 2917.02,6964
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender6965
who is under detention at a detention facility commits a felony6966
violation of section 2923.131 of the Revised Code, or if an6967
offender who is an inmate in a jail, prison, or other residential6968
detention facility or is under detention at a detention facility6969
commits another felony while the offender is an escapee in6970
violation of section 2921.34 of the Revised Code, any prison term6971
imposed upon the offender for one of those violations shall be6972
served by the offender consecutively to the prison term or term of6973
imprisonment the offender was serving when the offender committed6974
that offense and to any other prison term previously or6975
subsequently imposed upon the offender.6976

       (3) If a prison term is imposed for a violation of division6977
(B) of section 2911.01 of the Revised Code or if a prison term is6978
imposed for a felony violation of division (B) of section 2921.3316979
of the Revised Code, the offender shall serve that prison term6980
consecutively to any other prison term or mandatory prison term6981
previously or subsequently imposed upon the offender.6982

       (4) If multiple prison terms are imposed on an offender for6983
convictions of multiple offenses, the court may require the6984
offender to serve the prison terms consecutively if the court6985
finds that the consecutive service is necessary to protect the6986
public from future crime or to punish the offender and that6987
consecutive sentences are not disproportionate to the seriousness6988
of the offender's conduct and to the danger the offender poses to6989
the public, and if the court also finds any of the following:6990

       (a) The offender committed the multiple offenses while the6991
offender was awaiting trial or sentencing, was under a sanction6992
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the6993
Revised Code, or was under post-release control for a prior6994
offense.6995

       (b) The harm caused by the multiple offenses was so great or6996
unusual that no single prison term for any of the offenses6997
committed as part of a single course of conduct adequately6998
reflects the seriousness of the offender's conduct.6999

       (c) The offender's history of criminal conduct demonstrates7000
that consecutive sentences are necessary to protect the public7001
from future crime by the offender.7002

       (5) When consecutive prison terms are imposed pursuant to7003
division (E)(1), (2), (3), or (4) of this section, the term to be7004
served is the aggregate of all of the terms so imposed.7005

       (F) If a court imposes a prison term of a type described in7006
division (B) of section 2967.28 of the Revised Code, it shall7007
include in the sentence a requirement that the offender be subject7008
to a period of post-release control after the offender's release7009
from imprisonment, in accordance with that division. If a court7010
imposes a prison term of a type described in division (C) of that7011
section, it shall include in the sentence a requirement that the7012
offender be subject to a period of post-release control after the7013
offender's release from imprisonment, in accordance with that7014
division, if the parole board determines that a period of7015
post-release control is necessary.7016

       (G) If a person is convicted of or pleads guilty to a7017
sexually violent offense and also is convicted of or pleads guilty7018
to a sexually violent predator specification that was included in7019
the indictment, count in the indictment, or information charging7020
that offense, the court shall impose sentence upon the offender in7021
accordance with section 2971.03 of the Revised Code, and Chapter7022
2971. of the Revised Code applies regarding the prison term or7023
term of life imprisonment without parole imposed upon the offender7024
and the service of that term of imprisonment.7025

       (H) If a person who has been convicted of or pleaded guilty7026
to a felony is sentenced to a prison term or term of imprisonment7027
under this section, sections 2929.02 to 2929.06 of the Revised7028
Code, section 2971.03 of the Revised Code, or any other provision7029
of law, section 5120.163 of the Revised Code applies regarding the7030
person while the person is confined in a state correctional7031
institution.7032

       (I) If an offender who is convicted of or pleads guilty to a7033
felony that is an offense of violence also is convicted of or7034
pleads guilty to a specification of the type described in section7035
2941.142 of the Revised Code that charges the offender with having7036
committed the felony while participating in a criminal gang, the7037
court shall impose upon the offender an additional prison term of7038
one, two, or three years.7039

       (J) If an offender who is convicted of or pleads guilty to7040
aggravated murder, murder, or a felony of the first, second, or7041
third degree that is an offense of violence also is convicted of7042
or pleads guilty to a specification of the type described in7043
section 2941.143 of the Revised Code that charges the offender7044
with having committed the offense in a school safety zone or7045
towards a person in a school safety zone, the court shall impose7046
upon the offender an additional prison term of two years. The7047
offender shall serve the additional two years consecutively to and7048
prior to the prison term imposed for the underlying offense.7049

       (K) At the time of sentencing, the court shall determine if7050
an offender is eligible for placement in a program of shock7051
incarceration under section 5120.031 of the Revised Code or is7052
eligible for placement in an intensive program prison under7053
section 5120.032 of the Revised Code. The court may recommend the7054
offender for placement in a program of shock incarceration, if7055
eligible, or for placement in an intensive program prison, if7056
eligible, disapprove placement of the offender in a program of7057
shock incarceration or in an intensive program prison, regardless7058
of eligibility, or make no recommendation on placement of the7059
offender.7060

       If the court disapproves placement of the offender in a7061
program or prison of that nature, the department of rehabilitation7062
and correction shall not place the offender in any program of7063
shock incarceration or intensive program prison.7064

       If the court approves placement of the offender in a program7065
of shock incarceration or in an intensive program prison, the7066
department shall notify the court if the offender is subsequently7067
placed in the recommended program or prison and shall include with7068
the notice a brief description of the placement.7069

       If the court approves placement of the offender in a program7070
of shock incarceration or in an intensive program prison and the7071
department does not subsequently place the offender in the7072
recommended program or prison, the department shall send a notice7073
to the court indicating why the offender was not placed in the7074
recommended program or prison.7075

       If the court does not make a recommendation under this7076
division with respect to an eligible offender, the department7077
shall screen the offender and determine if there is an available7078
program of shock incarceration or an intensive program prison for7079
which the offender is suited. If there is an available program of7080
shock incarceration or an intensive program prison for which the7081
offender is suited, the department shall notify the court of the7082
proposed placement of the offender and shall include with the7083
notice a brief description of the placement. The court shall have7084
ten days from receipt of the notice to disapprove the placement.7085

       Sec. 2929.15.  (A)(1) If in sentencing an offender for a7086
felony the court is not required to impose a prison term, a7087
mandatory prison term, or a term of life imprisonment upon the7088
offender, the court may directly impose a sentence that consists7089
of one or more community control sanctions authorized pursuant to7090
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the7091
court is sentencing an offender for a fourth degree felony OMVI7092
OVI offense under division (G)(1) of section 2929.13 of the7093
Revised Code, in addition to the mandatory term of local7094
incarceration imposed under that division and the mandatory fine7095
required by division (B)(3) of section 2929.18 of the Revised7096
Code, the court may impose upon the offender a community control7097
sanction or combination of community control sanctions in7098
accordance with sections 2929.16 and 2929.17 of the Revised Code. 7099
The duration of all community control sanctions imposed upon an7100
offender under this division shall not exceed five years. If the7101
offender absconds or otherwise leaves the jurisdiction of the7102
court in which the offender resides without obtaining permission7103
from the court or the offender's probation officer to leave the7104
jurisdiction of the court, or if the offender is confined in any7105
institution for the commission of any offense while under a7106
community control sanction, the period of the community control7107
sanction ceases to run until the offender is brought before the7108
court for its further action. If the court sentences the offender7109
to one or more nonresidential sanctions under section 2929.17 of7110
the Revised Code, the court shall impose as a condition of the7111
nonresidential sanctions that, during the period of the sanctions,7112
the offender must abide by the law and must not leave the state7113
without the permission of the court or the offender's probation7114
officer. The court may impose any other conditions of release7115
under a community control sanction that the court considers7116
appropriate, including, but not limited to, requiring that the7117
offender not ingest or be injected with a drug of abuse and submit7118
to random drug testing as provided in division (D) of this section7119
to determine whether the offender ingested or was injected with a7120
drug of abuse and requiring that the results of the drug test7121
indicate that the offender did not ingest or was not injected with7122
a drug of abuse. If the court is sentencing an offender for a7123
third or fourth degree felony OMVIOVI offense under division7124
(G)(2) of section 2929.13 of the Revised Code, the court shall not7125
impose upon the offender any community control sanction or7126
combination of community control sanctions under section 2929.167127
or 2929.17 of the Revised Code.7128

       (2)(a) If a court sentences an offender to any community7129
control sanction or combination of community control sanctions7130
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the7131
Revised Code, the court shall place the offender under the general7132
control and supervision of a department of probation in the county7133
that serves the court for purposes of reporting to the court a7134
violation of any condition of the sanctions, any condition of7135
release under a community control sanction imposed by the court, a7136
violation of law, or the departure of the offender from this state7137
without the permission of the court or the offender's probation7138
officer. Alternatively, if the offender resides in another county7139
and a county department of probation has been established in that7140
county or that county is served by a multicounty probation7141
department established under section 2301.27 of the Revised Code,7142
the court may request the court of common pleas of that county to7143
receive the offender into the general control and supervision of7144
that county or multicounty department of probation for purposes of7145
reporting to the court a violation of any condition of the7146
sanctions,, any condition of release under a community control7147
sanction imposed by the court, a violation of law, or the7148
departure of the offender from this state without the permission7149
of the court or the offender's probation officer, subject to the7150
jurisdiction of the trial judge over and with respect to the7151
person of the offender, and to the rules governing that department7152
of probation.7153

       If there is no department of probation in the county that7154
serves the court, the court shall place the offender, regardless7155
of the offender's county of residence, under the general control7156
and supervision of the adult parole authority for purposes of7157
reporting to the court a violation of any of the sanctions, any7158
condition of release under a community control sanction imposed by7159
the court, a violation of law, or the departure of the offender7160
from this state without the permission of the court or the7161
offender's probation officer.7162

       (b) If the court imposing sentence upon an offender7163
sentences the offender to any community control sanction or7164
combination of community control sanctions authorized pursuant to7165
section 2929.16, 2929.17, or 2929.18 of the Revised Code, and if7166
the offender violates any condition of the sanctions, any7167
condition of release under a community control sanction imposed by7168
the court, violates any law, or departs the state without the7169
permission of the court or the offender's probation officer, the7170
public or private person or entity that operates or administers7171
the sanction or the program or activity that comprises the7172
sanction shall report the violation or departure directly to the7173
sentencing court, or shall report the violation or departure to7174
the county or multicounty department of probation with general7175
control and supervision over the offender under division (A)(2)(a)7176
of this section or the officer of that department who supervises7177
the offender, or, if there is no such department with general7178
control and supervision over the offender under that division, to7179
the adult parole authority. If the public or private person or7180
entity that operates or administers the sanction or the program or7181
activity that comprises the sanction reports the violation or7182
departure to the county or multicounty department of probation or7183
the adult parole authority, the department's or authority's7184
officers may treat the offender as if the offender were on7185
probation and in violation of the probation, and shall report the7186
violation of the condition of the sanction, any condition of7187
release under a community control sanction imposed by the court,7188
the violation of law, or the departure from the state without the7189
required permission to the sentencing court.7190

       (B) If the conditions of a community control sanction are7191
violated or if the offender violates a law or leaves the state7192
without the permission of the court or the offender's probation7193
officer, the sentencing court may impose a longer time under the7194
same sanction if the total time under the sanctions does not7195
exceed the five-year limit specified in division (A) of this7196
section, may impose a more restrictive sanction under section7197
2929.16, 2929.17, or 2929.18 of the Revised Code, or may impose a7198
prison term on the offender pursuant to section 2929.14 of the7199
Revised Code. The prison term, if any, imposed upon a violator7200
pursuant to this division shall be within the range of prison7201
terms available for the offense for which the sanction that was7202
violated was imposed and shall not exceed the prison term7203
specified in the notice provided to the offender at the sentencing7204
hearing pursuant to division (B)(3) of section 2929.19 of the7205
Revised Code. The court may reduce the longer period of time that7206
the offender is required to spend under the longer sanction, the7207
more restrictive sanction, or a prison term imposed pursuant to7208
this division by the time the offender successfully spent under7209
the sanction that was initially imposed.7210

       (C) If an offender, for a significant period of time,7211
fulfills the conditions of a sanction imposed pursuant to section7212
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary7213
manner, the court may reduce the period of time under the sanction7214
or impose a less restrictive sanction, but the court shall not7215
permit the offender to violate any law or permit the offender to7216
leave the state without the permission of the court or the7217
offender's probation officer.7218

       (D)(1) If a court under division (A)(1) of this section7219
imposes a condition of release under a community control sanction7220
that requires the offender to submit to random drug testing, the7221
department of probation or the adult parole authority that has7222
general control and supervision of the offender under division7223
(A)(2)(a) of this section may cause the offender to submit to7224
random drug testing performed by a laboratory or entity that has7225
entered into a contract with any of the governmental entities or7226
officers authorized to enter into a contract with that laboratory7227
or entity under section 341.26, 753.33, or 5120.63 of the Revised7228
Code.7229

       (2) If no laboratory or entity described in division (D)(1)7230
of this section has entered into a contract as specified in that7231
division, the department of probation or the adult parole7232
authority that has general control and supervision of the offender7233
under division (A)(2)(a) of this section shall cause the offender7234
to submit to random drug testing performed by a reputable public7235
laboratory to determine whether the individual who is the subject7236
of the drug test ingested or was injected with a drug of abuse.7237

       (3) A laboratory or entity that has entered into a contract7238
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code7239
shall perform the random drug tests under division (D)(1) of this7240
section in accordance with the applicable standards that are7241
included in the terms of that contract. A public laboratory shall7242
perform the random drug tests under division (D)(2) of this7243
section in accordance with the standards set forth in the policies7244
and procedures established by the department of rehabilitation and7245
correction pursuant to section 5120.63 of the Revised Code. An7246
offender who is required under division (A)(1) of this section to7247
submit to random drug testing as a condition of release under a7248
community control sanction and whose test results indicate that7249
the offender ingested or was injected with a drug of abuse shall7250
pay the fee for the drug test if the department of probation or7251
the adult parole authority that has general control and7252
supervision of the offender requires payment of a fee. A7253
laboratory or entity that performs the random drug testing on an7254
offender under division (D)(1) or (2) of this section shall7255
transmit the results of the drug test to the appropriate7256
department of probation or the adult parole authority that has7257
general control and supervision of the offender under division7258
(A)(2)(a) of this section.7259

       Sec. 2929.16.  (A) The court imposing a sentence for a7260
felony upon an offender who is not required to serve a mandatory7261
prison term may impose any community residential sanction or7262
combination of community residential sanctions under this section.7263
The court imposing a sentence for a fourth degree felony OMVIOVI7264
offense under division (G)(1) of section 2929.13 of the Revised7265
Code may impose upon the offender, in addition to the mandatory7266
term of local incarceration imposed under that division, a7267
community residential sanction or combination of community7268
residential sanctions under this section, and the offender shall7269
serve or satisfy the sanction or combination of sanctions after7270
the offender has served the mandatory term of local incarceration7271
required for the offense. Community residential sanctions7272
include, but are not limited to, the following:7273

       (1) A term of up to six months at a community-based7274
correctional facility that serves the county;7275

       (2) Except as otherwise provided in division (A)(3) of this7276
section and subject to division (D) of this section, a term of up7277
to six months in a jail;7278

       (3) If the offender is convicted of a fourth degree felony7279
OMVIOVI offense and is sentenced under division (G)(1) of section7280
2929.13 of the Revised Code, subject to division (D) of this7281
section, a term of up to one year in a jail less the mandatory7282
term of local incarceration of sixty or one hundred twenty7283
consecutive days of imprisonment imposed pursuant to that7284
division;7285

       (4) A term in a halfway house;7286

       (5) A term in an alternative residential facility.7287

       (B) The court that assigns any offender convicted of a7288
felony to a residential sanction under this section may authorize7289
the offender to be released so that the offender may seek or7290
maintain employment, receive education or training, or receive7291
treatment. A release pursuant to this division shall be only for7292
the duration of time that is needed to fulfill the purpose of the7293
release and for travel that reasonably is necessary to fulfill the7294
purposes of the release.7295

       (C) If the court assigns an offender to a county jail that7296
is not a minimum security misdemeanant jail in a county that has7297
established a county jail industry program pursuant to section7298
5147.30 of the Revised Code, the court shall specify, as part of7299
the sentence, whether the sheriff of that county may consider the7300
offender for participation in the county jail industry program.7301
During the offender's term in the county jail, the court shall7302
retain jurisdiction to modify its specification upon a7303
reassessment of the offender's qualifications for participation in7304
the program.7305

       (D) If a court sentences an offender to a term in jail under7306
division (A)(2) or (3) of this section and if the sentence is7307
imposed for a felony of the fourth or fifth degree that is not an7308
offense of violence, the court may specify that it prefers that7309
the offender serve the term in a minimum security jail established7310
under section 341.34 or 753.21 of the Revised Code. If the court7311
includes a specification of that type in the sentence and if the7312
administrator of the appropriate minimum security jail or the7313
designee of that administrator classifies the offender in7314
accordance with section 341.34 or 753.21 of the Revised Code as a7315
minimal security risk, the offender shall serve the term in the7316
minimum security jail established under section 341.34 or 753.217317
of the Revised Code. Absent a specification of that type and a7318
finding of that type, the offender shall serve the term in a jail7319
other than a minimum security jail established under section7320
341.34 or 753.21 of the Revised Code.7321

       (E) If a person who has been convicted of or pleaded guilty7322
to a felony is sentenced to a community residential sanction as7323
described in division (A) of this section, at the time of7324
reception and at other times the person in charge of the operation7325
of the community-based correctional facility, jail, halfway house,7326
alternative residential facility, or other place at which the7327
offender will serve the residential sanction determines to be7328
appropriate, the person in charge of the operation of the7329
community-based correctional facility, jail, halfway house,7330
alternative residential facility, or other place may cause the7331
convicted offender to be examined and tested for tuberculosis, HIV7332
infection, hepatitis, including but not limited to hepatitis A, B,7333
and C, and other contagious diseases. The person in charge of the7334
operation of the community-based correctional facility, jail,7335
halfway house, alternative residential facility, or other place at7336
which the offender will serve the residential sanction may cause a7337
convicted offender in the community-based correctional facility,7338
jail, halfway house, alternative residential facility, or other7339
place who refuses to be tested or treated for tuberculosis, HIV7340
infection, hepatitis, including but not limited to hepatitis A, B,7341
and C, or another contagious disease to be tested and treated7342
involuntarily.7343

       Sec. 2929.17.  The court imposing a sentence for a felony7344
upon an offender who is not required to serve a mandatory prison7345
term may impose any nonresidential sanction or combination of7346
nonresidential sanctions authorized under this section. If the7347
court imposes one or more nonresidential sanctions authorized7348
under this section, the court shall impose as a condition of the7349
sanction that, during the period of the nonresidential sanction,7350
the offender shall abide by the law and shall not leave the state7351
without the permission of the court or the offender's probation7352
officer.7353

       The court imposing a sentence for a fourth degree felony OMVI7354
OVI offense under division (G)(1) of section 2929.13 of the7355
Revised Code may impose upon the offender, in addition to the7356
mandatory term of local incarceration imposed under that division,7357
a nonresidential sanction or combination of nonresidential7358
sanctions under this section, and the offender shall serve or7359
satisfy the sanction or combination of sanctions after the7360
offender has served the mandatory term of local incarceration7361
required for the offense. Nonresidential sanctions include, but7362
are not limited to, the following:7363

       (A) A term of day reporting;7364

       (B) A term of electronically monitored house arrest, a term7365
of electronic monitoring without house arrest, or a term of house7366
arrest without electronic monitoring;7367

       (C) A term of community service of up to five hundred hours7368
pursuant to division (F) of section 2951.02 of the Revised Code7369
or, if the court determines that the offender is financially7370
incapable of fulfilling a financial sanction described in section7371
2929.18 of the Revised Code, a term of community service as an7372
alternative to a financial sanction;7373

       (D) A term in a drug treatment program with a level of7374
security for the offender as determined necessary by the court;7375

       (E) A term of intensive probation supervision;7376

       (F) A term of basic probation supervision;7377

       (G) A term of monitored time;7378

       (H) A term of drug and alcohol use monitoring, including7379
random drug testing pursuant to section 2951.05 of the Revised7380
Code;7381

       (I) A curfew term;7382

       (J) A requirement that the offender obtain employment;7383

       (K) A requirement that the offender obtain education or7384
training;7385

       (L) Provided the court obtains the prior approval of the7386
victim, a requirement that the offender participate in7387
victim-offender mediation;7388

       (M) A license violation report;7389

       (N) If the offense is a violation of section 2919.25 or a7390
violation of section 2903.11, 2903.12, or 2903.13 of the Revised7391
Code involving a person who was a family or household member at7392
the time of the violation, if the offender committed the offense7393
in the vicinity of one or more children who are not victims of the7394
offense, and if the offender or the victim of the offense is a7395
parent, guardian, custodian, or person in loco parentis of one or7396
more of those children, a requirement that the offender obtain7397
counseling. This division does not limit the court in requiring7398
the offender to obtain counseling for any offense or in any7399
circumstance not specified in this division.7400

       Sec. 2929.18.  (A) Except as otherwise provided in this7401
division and in addition to imposing court costs pursuant to7402
section 2947.23 of the Revised Code, the court imposing a sentence7403
upon an offender for a felony may sentence the offender to any7404
financial sanction or combination of financial sanctions7405
authorized under this section or, in the circumstances specified7406
in section 2929.25 of the Revised Code, may impose upon the7407
offender a fine in accordance with that section. If the offender7408
is sentenced to a sanction of confinement pursuant to section7409
2929.14 or 2929.16 of the Revised Code that is to be served in a7410
facility operated by a board of county commissioners, a7411
legislative authority of a municipal corporation, or another7412
governmental entity, the court imposing sentence upon an offender7413
for a felony shall comply with division (A)(4)(b) of this section7414
in determining whether to sentence the offender to a financial7415
sanction described in division (A)(4)(a) of this section.7416
Financial sanctions that may be imposed pursuant to this section7417
include, but are not limited to, the following:7418

       (1) Restitution by the offender to the victim of the7419
offender's crime or any survivor of the victim, in an amount based7420
on the victim's economic loss. The court shall order that the7421
restitution be made to the adult probation department that serves7422
the county on behalf of the victim, to the clerk of courts, or to7423
another agency designated by the court, except that it may include7424
a requirement that reimbursement be made to third parties for7425
amounts paid to or on behalf of the victim or any survivor of the7426
victim for economic loss resulting from the offense. If7427
reimbursement to third parties is required, the reimbursement7428
shall be made to any governmental agency to repay any amounts paid7429
by the agency to or on behalf of the victim or any survivor of the7430
victim for economic loss resulting from the offense before any7431
reimbursement is made to any person other than a governmental7432
agency. If no governmental agency incurred expenses for economic7433
loss of the victim or any survivor of the victim resulting from7434
the offense, the reimbursement shall be made to any person other7435
than a governmental agency to repay amounts paid by that person to7436
or on behalf of the victim or any survivor of the victim for7437
economic loss of the victim resulting from the offense. The court7438
shall not require an offender to repay an insurance company for7439
any amounts the company paid on behalf of the offender pursuant to7440
a policy of insurance. At sentencing, the court shall determine7441
the amount of restitution to be made by the offender. All7442
restitution payments shall be credited against any recovery of7443
economic loss in a civil action brought by the victim or any7444
survivor of the victim against the offender.7445

       (2) Except as provided in division (B)(1), (3), or (4) of7446
this section, a fine payable by the offender to the state, to a7447
political subdivision, or as described in division (B)(2) of this7448
section to one or more law enforcement agencies, with the amount7449
of the fine based on a standard percentage of the offender's daily7450
income over a period of time determined by the court and based7451
upon the seriousness of the offense. A fine ordered under this7452
division shall not exceed the statutory fine amount authorized for7453
the level of the offense under division (A)(3) of this section.7454

       (3) Except as provided in division (B)(1), (3), or (4) of7455
this section, a fine payable by the offender to the state, to a7456
political subdivision when appropriate for a felony, or as7457
described in division (B)(2) of this section to one or more law7458
enforcement agencies, in the following amount:7459

       (a) For a felony of the first degree, not more than twenty7460
thousand dollars;7461

       (b) For a felony of the second degree, not more than fifteen7462
thousand dollars;7463

       (c) For a felony of the third degree, not more than ten7464
thousand dollars;7465

       (d) For a felony of the fourth degree, not more than five7466
thousand dollars;7467

       (e) For a felony of the fifth degree, not more than two7468
thousand five hundred dollars.7469

       (4)(a) Subject to division (A)(4)(b) of this section,7470
reimbursement by the offender of any or all of the costs of7471
sanctions incurred by the government, including the following:7472

       (i) All or part of the costs of implementing any community7473
control sanction;7474

       (ii) All or part of the costs of confinement under a7475
sanction imposed pursuant to section 2929.14 or 2929.16 of the7476
Revised Code, provided that the amount of reimbursement ordered7477
under this division shall not exceed the total amount of7478
reimbursement the offender is able to pay as determined at a7479
hearing and shall not exceed the actual cost of the confinement;7480

       (b) If the offender is sentenced to a sanction of7481
confinement pursuant to section 2929.14 or 2929.16 of the Revised7482
Code that is to be served in a facility operated by a board of7483
county commissioners, a legislative authority of a municipal7484
corporation, or another local governmental entity, one of the7485
following applies:7486

       (i) If, pursuant to section 307.93, 341.14, 341.19, 341.23,7487
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code,7488
the board, legislative authority, or other local governmental7489
entity requires prisoners convicted of an offense other than a7490
minor misdemeanor to reimburse the county, municipal corporation,7491
or other entity for its expenses incurred by reason of the7492
prisoner's confinement, the court shall impose a financial7493
sanction under division (A)(4)(a) of this section that requires7494
the offender to reimburse the county, municipal corporation, or7495
other local governmental entity for the cost of the confinement.7496
In addition, the court may impose any other financial sanction7497
under this section.7498

       (ii) If, pursuant to any section identified in division7499
(A)(4)(b)(i) of this section, the board, legislative authority, or7500
other local governmental entity has adopted a resolution or7501
ordinance specifying that prisoners convicted of felonies are not7502
required to reimburse the county, municipal corporation, or other7503
local governmental entity for its expenses incurred by reason of7504
the prisoner's confinement, the court shall not impose a financial7505
sanction under division (A)(4)(a) of this section that requires7506
the offender to reimburse the county, municipal corporation, or7507
other local governmental entity for the cost of the confinement,7508
but the court may impose any other financial sanction under this7509
section.7510

       (iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) of7511
this section applies, the court may impose, but is not required to7512
impose, any financial sanction under this section.7513

       (c) Reimbursement by the offender for costs pursuant to7514
section 2929.28 of the Revised Code.7515

       (B)(1) For a first, second, or third degree felony violation7516
of any provision of Chapter 2925., 3719., or 4729. of the Revised7517
Code, the sentencing court shall impose upon the offender a7518
mandatory fine of at least one-half of, but not more than, the7519
maximum statutory fine amount authorized for the level of the7520
offense pursuant to division (A)(3) of this section. If an7521
offender alleges in an affidavit filed with the court prior to7522
sentencing that the offender is indigent and unable to pay the7523
mandatory fine and if the court determines the offender is an7524
indigent person and is unable to pay the mandatory fine described7525
in this division, the court shall not impose the mandatory fine7526
upon the offender.7527

       (2) Any mandatory fine imposed upon an offender under7528
division (B)(1) of this section and any fine imposed upon an7529
offender under division (A)(2) or (3) of this section for any7530
fourth or fifth degree felony violation of any provision of7531
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid7532
to law enforcement agencies pursuant to division (F) of section7533
2925.03 of the Revised Code.7534

       (3) For a fourth degree felony OMVIOVI offense and for a7535
third degree felony OMVIOVI offense, the sentencing court shall7536
impose upon the offender a mandatory fine in the amount specified7537
in division (A)(4)(G)(1)(d) or (8)(e) of section 4511.994511.197538
of the Revised Code, whichever is applicable. The mandatory fine7539
so imposed shall be disbursed as provided in the division (A)(4)7540
or (8) of section 4511.99 of the Revised Codepursuant to which it7541
is imposed.7542

       (4) Notwithstanding any fine otherwise authorized or7543
required to be imposed under division (A)(2) or (3) or (B)(1) of7544
this section or section 2929.31 of the Revised Code for a7545
violation of section 2925.03 of the Revised Code, in addition to7546
any penalty or sanction imposed for that offense under section7547
2925.03 or sections 2929.11 to 2929.18 of the Revised Code and in7548
addition to the forfeiture of property in connection with the7549
offense as prescribed in sections 2925.42 to 2925.45 of the7550
Revised Code, the court that sentences an offender for a violation7551
of section 2925.03 of the Revised Code may impose upon the7552
offender a fine in addition to any fine imposed under division7553
(A)(2) or (3) of this section and in addition to any mandatory7554
fine imposed under division (B)(1) of this section. The fine7555
imposed under division (B)(4) of this section shall be used as7556
provided in division (H) of section 2925.03 of the Revised Code. A7557
fine imposed under division (B)(4) of this section shall not7558
exceed whichever of the following is applicable:7559

       (a) The total value of any personal or real property in7560
which the offender has an interest and that was used in the course7561
of, intended for use in the course of, derived from, or realized7562
through conduct in violation of section 2925.03 of the Revised7563
Code, including any property that constitutes proceeds derived7564
from that offense;7565

       (b) If the offender has no interest in any property of the7566
type described in division (B)(4)(a) of this section or if it is7567
not possible to ascertain whether the offender has an interest in7568
any property of that type in which the offender may have an7569
interest, the amount of the mandatory fine for the offense imposed7570
under division (B)(1) of this section or, if no mandatory fine is7571
imposed under division (B)(1) of this section, the amount of the7572
fine authorized for the level of the offense imposed under7573
division (A)(3) of this section.7574

       (5) Prior to imposing a fine under division (B)(4) of this7575
section, the court shall determine whether the offender has an7576
interest in any property of the type described in division7577
(B)(4)(a) of this section. Except as provided in division (B)(6)7578
or (7) of this section, a fine that is authorized and imposed7579
under division (B)(4) of this section does not limit or affect the7580
imposition of the penalties and sanctions for a violation of7581
section 2925.03 of the Revised Code prescribed under those7582
sections or sections 2929.11 to 2929.18 of the Revised Code and7583
does not limit or affect a forfeiture of property in connection7584
with the offense as prescribed in sections 2925.42 to 2925.45 of7585
the Revised Code.7586

       (6) If the sum total of a mandatory fine amount imposed for7587
a first, second, or third degree felony violation of section7588
2925.03 of the Revised Code under division (B)(1) of this section7589
plus the amount of any fine imposed under division (B)(4) of this7590
section does not exceed the maximum statutory fine amount7591
authorized for the level of the offense under division (A)(3) of7592
this section or section 2929.31 of the Revised Code, the court may7593
impose a fine for the offense in addition to the mandatory fine7594
and the fine imposed under division (B)(4) of this section. The7595
sum total of the amounts of the mandatory fine, the fine imposed7596
under division (B)(4) of this section, and the additional fine7597
imposed under division (B)(6) of this section shall not exceed the7598
maximum statutory fine amount authorized for the level of the7599
offense under division (A)(3) of this section or section 2929.317600
of the Revised Code. The clerk of the court shall pay any fine7601
that is imposed under division (B)(6) of this section to the7602
county, township, municipal corporation, park district as created7603
pursuant to section 511.18 or 1545.04 of the Revised Code, or7604
state law enforcement agencies in this state that primarily were7605
responsible for or involved in making the arrest of, and in7606
prosecuting, the offender pursuant to division (F) of section7607
2925.03 of the Revised Code.7608

       (7) If the sum total of the amount of a mandatory fine7609
imposed for a first, second, or third degree felony violation of7610
section 2925.03 of the Revised Code plus the amount of any fine7611
imposed under division (B)(4) of this section exceeds the maximum7612
statutory fine amount authorized for the level of the offense7613
under division (A)(3) of this section or section 2929.31 of the7614
Revised Code, the court shall not impose a fine under division7615
(B)(6) of this section.7616

       (C)(1) The offender shall pay reimbursements imposed upon7617
the offender pursuant to division (A)(4)(a) of this section to pay7618
the costs incurred by the department of rehabilitation and7619
correction in operating a prison or other facility used to confine7620
offenders pursuant to sanctions imposed under section 2929.14 or7621
2929.16 of the Revised Code to the treasurer of state. The7622
treasurer of state shall deposit the reimbursements in the7623
confinement cost reimbursement fund that is hereby created in the7624
state treasury. The department of rehabilitation and correction7625
shall use the amounts deposited in the fund to fund the operation7626
of facilities used to confine offenders pursuant to sections7627
2929.14 and 2929.16 of the Revised Code.7628

       (2) Except as provided in section 2951.021 of the Revised7629
Code, the offender shall pay reimbursements imposed upon the7630
offender pursuant to division (A)(4)(a) of this section to pay the7631
costs incurred by a county pursuant to any sanction imposed under7632
this section or section 2929.16 or 2929.17 of the Revised Code or7633
in operating a facility used to confine offenders pursuant to a7634
sanction imposed under section 2929.16 of the Revised Code to the7635
county treasurer. The county treasurer shall deposit the7636
reimbursements in the sanction cost reimbursement fund that each7637
board of county commissioners shall create in its county treasury.7638
The county shall use the amounts deposited in the fund to pay the7639
costs incurred by the county pursuant to any sanction imposed7640
under this section or section 2929.16 or 2929.17 of the Revised7641
Code or in operating a facility used to confine offenders pursuant7642
to a sanction imposed under section 2929.16 of the Revised Code.7643

       (3) Except as provided in section 2951.021 of the Revised7644
Code, the offender shall pay reimbursements imposed upon the7645
offender pursuant to division (A)(4)(a) of this section to pay the7646
costs incurred by a municipal corporation pursuant to any sanction7647
imposed under this section or section 2929.16 or 2929.17 of the7648
Revised Code or in operating a facility used to confine offenders7649
pursuant to a sanction imposed under section 2929.16 of the7650
Revised Code to the treasurer of the municipal corporation. The7651
treasurer shall deposit the reimbursements in a special fund that7652
shall be established in the treasury of each municipal7653
corporation. The municipal corporation shall use the amounts7654
deposited in the fund to pay the costs incurred by the municipal7655
corporation pursuant to any sanction imposed under this section or7656
section 2929.16 or 2929.17 of the Revised Code or in operating a7657
facility used to confine offenders pursuant to a sanction imposed7658
under section 2929.16 of the Revised Code.7659

       (4) Except as provided in section 2951.021 of the Revised7660
Code, the offender shall pay reimbursements imposed pursuant to7661
division (A)(4)(a) of this section for the costs incurred by a7662
private provider pursuant to a sanction imposed under this section7663
or section 2929.16 or 2929.17 of the Revised Code to the provider.7664

       (D) A financial sanction imposed pursuant to division (A) or7665
(B) of this section is a judgment in favor of the state or a7666
political subdivision in which the court that imposed the7667
financial sanction is located, except that a financial sanction of7668
reimbursement imposed pursuant to division (A)(4)(a)(ii) of this7669
section upon an offender who is incarcerated in a state facility7670
or a municipal jail is a judgment in favor of the state or the7671
municipal corporation, a financial sanction of reimbursement7672
imposed upon an offender pursuant to this section for costs7673
incurred by a private provider of sanctions is a judgment in favor7674
of the private provider, and a financial sanction of restitution7675
imposed pursuant to this section is a judgment in favor of the7676
victim of the offender's criminal act. The offender subject to7677
the sanction is the judgment debtor. Imposition of a financial7678
sanction and execution on the judgment does not preclude any other7679
power of the court to impose or enforce sanctions on the offender.7680
Once the financial sanction is imposed as a judgment, the victim,7681
private provider, state, or political subdivision may bring an7682
action to do any of the following:7683

       (1) Obtain execution of the judgment through any available7684
procedure, including:7685

       (a) An execution against the property of the judgment debtor7686
under Chapter 2329. of the Revised Code;7687

       (b) An execution against the person of the judgment debtor7688
under Chapter 2331. of the Revised Code;7689

       (c) A proceeding in aid of execution under Chapter 2333. of7690
the Revised Code, including:7691

       (i) A proceeding for the examination of the judgment debtor7692
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.277693
of the Revised Code;7694

       (ii) A proceeding for attachment of the person of the7695
judgment debtor under section 2333.28 of the Revised Code;7696

       (iii) A creditor's suit under section 2333.01 of the Revised7697
Code.7698

       (d) The attachment of the property of the judgment debtor7699
under Chapter 2715. of the Revised Code;7700

       (e) The garnishment of the property of the judgment debtor7701
under Chapter 2716. of the Revised Code.7702

       (2) Obtain an order for the assignment of wages of the7703
judgment debtor under section 1321.33 of the Revised Code.7704

       (E) A court that imposes a financial sanction upon an7705
offender may hold a hearing if necessary to determine whether the7706
offender is able to pay the sanction or is likely in the future to7707
be able to pay it.7708

       (F) Each court imposing a financial sanction upon an7709
offender under this section or under section 2929.25 of the7710
Revised Code may designate a court employee to collect, or may7711
enter into contracts with one or more public agencies or private7712
vendors for the collection of, amounts due under the financial7713
sanction imposed pursuant to this section or section 2929.25 of7714
the Revised Code. Before entering into a contract for the7715
collection of amounts due from an offender pursuant to any7716
financial sanction imposed pursuant to this section or section7717
2929.25 of the Revised Code, a court shall comply with sections7718
307.86 to 307.92 of the Revised Code.7719

       (G) If a court that imposes a financial sanction under7720
division (A) or (B) of this section finds that an offender7721
satisfactorily has completed all other sanctions imposed upon the7722
offender and that all restitution that has been ordered has been7723
paid as ordered, the court may suspend any financial sanctions7724
imposed pursuant to this section or section 2929.25 of the Revised7725
Code that have not been paid.7726

       (H) No financial sanction imposed under this section or7727
section 2929.25 of the Revised Code shall preclude a victim from7728
bringing a civil action against the offender.7729

       Sec. 2929.19.  (A)(1) The court shall hold a sentencing7730
hearing before imposing a sentence under this chapter upon an7731
offender who was convicted of or pleaded guilty to a felony and7732
before resentencing an offender who was convicted of or pleaded7733
guilty to a felony and whose case was remanded pursuant to section7734
2953.07 or 2953.08 of the Revised Code. At the hearing, the7735
offender, the prosecuting attorney, the victim or the victim's7736
representative in accordance with section 2930.14 of the Revised7737
Code, and, with the approval of the court, any other person may7738
present information relevant to the imposition of sentence in the7739
case. The court shall inform the offender of the verdict of the7740
jury or finding of the court and ask the offender whether the7741
offender has anything to say as to why sentence should not be7742
imposed upon the offender.7743

       (2) Except as otherwise provided in this division, before7744
imposing sentence on an offender who is being sentenced for a7745
sexually oriented offense that was committed on or after January7746
1, 1997, and that is not a sexually violent offense, and before7747
imposing sentence on an offender who is being sentenced for a7748
sexually violent offense committed on or after January 1, 1997,7749
and who was not charged with a sexually violent predator7750
specification in the indictment, count in the indictment, or7751
information charging the sexually violent offense, the court shall7752
conduct a hearing in accordance with division (B) of section7753
2950.09 of the Revised Code to determine whether the offender is a7754
sexual predator. The court shall not conduct a hearing under that7755
division if the offender is being sentenced for a sexually violent7756
offense and a sexually violent predator specification was included7757
in the indictment, count in the indictment, or information7758
charging the sexually violent offense. Before imposing sentence7759
on an offender who is being sentenced for a sexually oriented7760
offense, the court also shall comply with division (E) of section7761
2950.09 of the Revised Code.7762

       (B)(1) At the sentencing hearing, the court, before imposing7763
sentence, shall consider the record, any information presented at7764
the hearing by any person pursuant to division (A) of this7765
section, and, if one was prepared, the presentence investigation7766
report made pursuant to section 2951.03 of the Revised Code or7767
Criminal Rule 32.2, and any victim impact statement made pursuant7768
to section 2947.051 of the Revised Code.7769

       (2) The court shall impose a sentence and shall make a7770
finding that gives its reasons for selecting the sentence imposed7771
in any of the following circumstances:7772

       (a) Unless the offense is a sexually violent offense for7773
which the court is required to impose sentence pursuant to7774
division (G) of section 2929.14 of the Revised Code, if it imposes7775
a prison term for a felony of the fourth or fifth degree or for a7776
felony drug offense that is a violation of a provision of Chapter7777
2925. of the Revised Code and that is specified as being subject7778
to division (B) of section 2929.13 of the Revised Code for7779
purposes of sentencing, its reasons for imposing the prison term,7780
based upon the overriding purposes and principles of felony7781
sentencing set forth in section 2929.11 of the Revised Code, and7782
any factors listed in divisions (B)(1)(a) to (i) of section7783
2929.13 of the Revised Code that it found to apply relative to the7784
offender.7785

       (b) If it does not impose a prison term for a felony of the7786
first or second degree or for a felony drug offense that is a7787
violation of a provision of Chapter 2925. of the Revised Code and7788
for which a presumption in favor of a prison term is specified as7789
being applicable, its reasons for not imposing the prison term and7790
for overriding the presumption, based upon the overriding purposes7791
and principles of felony sentencing set forth in section 2929.117792
of the Revised Code, and the basis of the findings it made under7793
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.7794

       (c) If it imposes consecutive sentences under section7795
2929.14 of the Revised Code, its reasons for imposing the7796
consecutive sentences;7797

       (d) If the sentence is for one offense and it imposes a7798
prison term for the offense that is the maximum prison term7799
allowed for that offense by division (A) of section 2929.14 of the7800
Revised Code, its reasons for imposing the maximum prison term;7801

       (e) If the sentence is for two or more offenses arising out7802
of a single incident and it imposes a prison term for those7803
offenses that is the maximum prison term allowed for the offense7804
of the highest degree by division (A) of section 2929.14 of the7805
Revised Code, its reasons for imposing the maximum prison term.7806

       (3) Subject to division (B)(4) of this section, if the7807
sentencing court determines at the sentencing hearing that a7808
prison term is necessary or required, the court shall do all of7809
the following:7810

       (a) Impose a stated prison term;7811

       (b) Notify the offender that, as part of the sentence, the7812
parole board may extend the stated prison term for certain7813
violations of prison rules for up to one-half of the stated prison7814
term;7815

       (c) Notify the offender that the offender will be supervised7816
under section 2967.28 of the Revised Code after the offender7817
leaves prison if the offender is being sentenced for a felony of7818
the first degree or second degree, for a felony sex offense, or7819
for a felony of the third degree in the commission of which the7820
offender caused or threatened to cause physical harm to a person;7821

       (d) Notify the offender that the offender may be supervised7822
under section 2967.28 of the Revised Code after the offender7823
leaves prison if the offender is being sentenced for a felony of7824
the third, fourth, or fifth degree that is not subject to division7825
(B)(3)(c) of this section;7826

       (e) Notify the offender that, if a period of supervision is7827
imposed following the offender's release from prison, as described7828
in division (B)(3)(c) or (d) of this section, and if the offender7829
violates that supervision or a condition of post-release control7830
imposed under division (B) of section 2967.131 of the Revised7831
Code, the parole board may impose a prison term, as part of the7832
sentence, of up to one-half of the stated prison term originally7833
imposed upon the offender;7834

       (f) Require that the offender not ingest or be injected with7835
a drug of abuse and submit to random drug testing as provided in7836
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever7837
is applicable to the offender who is serving a prison term, and7838
require that the results of the drug test administered under any7839
of those sections indicate that the offender did not ingest or was7840
not injected with a drug of abuse.7841

       (4) If the offender is being sentenced for a sexually7842
violent offense that the offender committed on or after January 1,7843
1997, and the offender also is convicted of or pleads guilty to a7844
sexually violent predator specification that was included in the7845
indictment, count in the indictment, or information charging the7846
sexually violent offense or if the offender is being sentenced for7847
a sexually oriented offense that the offender committed on or7848
after January 1, 1997, and the court imposing the sentence has7849
determined pursuant to division (B) of section 2950.09 of the7850
Revised Code that the offender is a sexual predator, the court7851
shall include in the offender's sentence a statement that the7852
offender has been adjudicated as being a sexual predator and shall7853
comply with the requirements of section 2950.03 of the Revised7854
Code. Additionally, in the circumstances described in division7855
(G) of section 2929.14 of the Revised Code, the court shall impose7856
sentence on the offender as described in that division.7857

       (5) If the sentencing court determines at the sentencing7858
hearing that a community control sanction should be imposed and7859
the court is not prohibited from imposing a community control7860
sanction, the court shall impose a community control sanction. The7861
court shall notify the offender that, if the conditions of the7862
sanction are violated, if the offender commits a violation of any7863
law, or if the offender leaves this state without the permission7864
of the court or the offender's probation officer, the court may7865
impose a longer time under the same sanction, may impose a more7866
restrictive sanction, or may impose a prison term on the offender7867
and shall indicate the specific prison term that may be imposed as7868
a sanction for the violation, as selected by the court from the7869
range of prison terms for the offense pursuant to section 2929.147870
of the Revised Code.7871

       (6) Before imposing a financial sanction under section7872
2929.18 of the Revised Code or a fine under section 2929.25 of the7873
Revised Code, the court shall consider the offender's present and7874
future ability to pay the amount of the sanction or fine.7875

       (C)(1) If the offender is being sentenced for a fourth7876
degree felony OMVIOVI offense under division (G)(1) of section7877
2929.13 of the Revised Code, the court shall impose the mandatory7878
term of local incarceration in accordance with that division,7879
shall impose a mandatory fine in accordance with division (B)(3)7880
of section 2929.18 of the Revised Code, and, in addition, may7881
impose additional sanctions as specified in sections 2929.15,7882
2929.16, 2929.17, and 2929.18 of the Revised Code. The court7883
shall not impose a prison term on the offender.7884

       (2) If the offender is being sentenced for a third or fourth7885
degree felony OMVIOVI offense under division (G)(2) of section7886
2929.13 of the Revised Code, the court shall impose the mandatory7887
prison term in accordance with that division, shall impose a7888
mandatory fine in accordance with division (B)(3) of section7889
2929.18 of the Revised Code, and, in addition, may impose an7890
additional prison term as specified in section 2929.14 of the7891
Revised Code. The court shall not impose any community control7892
sanction on the offender.7893

       (D) If the sentencing court determines at the sentencing7894
hearing that an offender is eligible for placement in a program of7895
shock incarceration under section 5120.031 of the Revised Code or7896
in an intensive program prison under section 5120.032 of the7897
Revised Code, the court, pursuant to division (K) of section7898
2929.14 of the Revised Code, may recommend placement of the7899
offender in a program of shock incarceration or an intensive7900
program prison, disapprove placement of the offender in a program7901
or prison of that nature, or make no recommendation. The court7902
shall make a finding that gives its reasons for its recommendation7903
or disapproval.7904

       Sec. 2929.23.  (A) As used in this section:7905

       (1) "Electronic monitoring device" means any of the7906
following:7907

       (a) Any device that can be operated by electrical or battery7908
power and that conforms with all of the following:7909

       (i) The device has a transmitter that can be attached to a7910
person, that will transmit a specified signal to a receiver of the7911
type described in division (A)(1)(a)(ii) of this section if the7912
transmitter is removed from the person, turned off, or altered in7913
any manner without prior court approval in relation to7914
electronically monitored house arrest or electronically monitored7915
house detention or without prior approval of the department of7916
rehabilitation and correction in relation to the use of an7917
electronic monitoring device for an inmate on transitional control7918
or otherwise is tampered with, that can transmit continuously and7919
periodically a signal to that receiver when the person is within a7920
specified distance from the receiver, and that can transmit an7921
appropriate signal to that receiver if the person to whom it is7922
attached travels a specified distance from that receiver.7923

       (ii) The device has a receiver that can receive continuously7924
the signals transmitted by a transmitter of the type described in7925
division (A)(1)(a)(i) of this section, can transmit continuously7926
those signals by telephone to a central monitoring computer of the7927
type described in division (A)(1)(a)(iii) of this section, and can7928
transmit continuously an appropriate signal to that central7929
monitoring computer if the receiver is turned off or altered7930
without prior court approval or otherwise tampered with.7931

       (iii) The device has a central monitoring computer that can7932
receive continuously the signals transmitted by telephone by a7933
receiver of the type described in division (A)(1)(a)(ii) of this7934
section and can monitor continuously the person to whom an7935
electronic monitoring device of the type described in division7936
(A)(1)(a) of this section is attached.7937

       (b) Any device that is not a device of the type described in7938
division (A)(1)(a) of this section and that conforms with all of7939
the following:7940

       (i) The device includes a transmitter and receiver that can7941
monitor and determine the location of a subject person at any7942
time, or at a designated point in time, through the use of a7943
central monitoring computer or through other electronic means;7944

       (ii) The device includes a transmitter and receiver that can7945
determine at any time, or at a designated point in time, through7946
the use of a central monitoring computer or other electronic means7947
the fact that the transmitter is turned off or altered in any7948
manner without prior approval of the court in relation to7949
electronically monitored house arrest or electronically monitored7950
house detention or without prior approval of the department of7951
rehabilitation and correction in relation to the use of an7952
electronic monitoring device for an inmate on transitional control7953
or otherwise is tampered with.7954

       (c) Any type of technology that can adequately track or7955
determine the location of a subject person at any time and that is7956
approved by the director of rehabilitation and correction,7957
including, but not limited to, any satellite technology, voice7958
tracking system, or retinal scanning system that is so approved.7959

       (2) "Certified electronic monitoring device" means an7960
electronic monitoring device that has been certified by the7961
superintendent of the bureau of criminal identification and7962
investigation pursuant to division (C)(1) of this section.7963

       (3) "Eligible offender" means a person who has been7964
convicted of or pleaded guilty to any offense, except that a7965
person is not an "eligible offender" if any of the following apply7966
in relation to the person, the offense, or the person and the7967
offense:7968

       (a) The person is subject to or is serving a term of life7969
imprisonment.7970

       (b) The person is subject to or is serving a mandatory7971
prison term imposed under division (F) of section 2929.13,7972
division (D) of section 2929.14, or any other section of the7973
Revised Code, provided that, after the person has served all of7974
the mandatory prison terms so imposed, the person may be an7975
eligible offender unless excluded by division (A)(3)(a), (c) or7976
(d) of this section.7977

       (c) The offense is a violation of division (A) of section7978
4511.19 of the Revised Codefourth degree felony OVI offense, and7979
the offender is sentenced for that offense pursuant to division7980
(G)(1) of section 2929.13 of the Revised Code and is serving the7981
mandatory term of local incarceration of sixty or one hundred7982
twenty consecutive days of imprisonment imposed under that7983
division, provided that, after the person has served all of the7984
mandatory term of local incarceration so imposed, the person may7985
be an eligible offender unless excluded by division (A)(3)(a),7986
(b), or (d) of this section.7987

       (d) The offense is a violation of division (A) of section7988
4511.19 of the Revised Codethird or fourth degree felony OVI7989
offense, and the person is sentenced for that offense pursuant to7990
division (G)(2) of section 2929.13 of the Revised Code.7991

       (4) "Electronically monitored house arrest" means a period7992
of confinement of an eligible offender in the eligible offender's7993
home or in other premises specified by the sentencing court or a7994
period of confinement of a delinquent child in the child's home or7995
in other premises specified by the juvenile court, during which7996
period of confinement all of the following apply:7997

       (a) The eligible offender or child wears, otherwise has7998
attached to the eligible offender's or child's person, or7999
otherwise is subject to monitoring by a certified electronic8000
monitoring device, or the eligible offender or child is subject to8001
monitoring by a certified electronic monitoring system;8002

       (b) The eligible offender or child is required to remain in8003
the eligible offender's or child's home or other premises8004
specified by the sentencing court or juvenile court for the8005
specified period of confinement, except for periods of time during8006
which the eligible offender or child is at the eligible offender's8007
place of employment, at school, or at other premises as authorized8008
by the sentencing court;8009

       (c) The eligible offender or child is subject to monitoring8010
by a central system that monitors the certified electronic8011
monitoring device that is attached to the eligible offender's or8012
child's person or that otherwise is being used to monitor the8013
eligible offender or child and that can monitor and determine the8014
eligible offender's or child's location at any time or at a8015
designated point in time, or the eligible offender or child is8016
required to participate in monitoring by a certified electronic8017
monitoring system;8018

       (d) The eligible offender or child is required by the8019
sentencing court or juvenile court to report periodically to a8020
person designated by the court;8021

       (e) The eligible offender or child is subject to any other8022
restrictions and requirements that may be imposed by the8023
sentencing court or juvenile court.8024

       (5) "Electronic monitoring system" means a system by which8025
the location of an eligible offender can be verified8026
telephonically through the use of voice-activated voice response8027
technology that conforms with all of the following:8028

       (a) It can be programmed to call the telephone or telephones8029
assigned to the eligible offender who is the subject of the8030
monitoring as often as necessary;8031

       (b) It is equipped with a voice recognition system that can8032
work accurately and reliably under the anticipated conditions in8033
which it will operate;8034

       (c) It is equipped to perform an alarm function if the8035
eligible offender who is the subject of monitoring does not8036
respond to system commands in the manner required.8037

       (6) "Certified electronic monitoring system" means an8038
electronic monitoring system that has been certified by the8039
superintendent of the bureau of criminal identification and8040
investigation pursuant to division (C)(1) of this section.8041

       (7) "Transitional control" means the program of transitional8042
control established by the department of rehabilitation and8043
correction under section 2967.26 of the Revised Code, if the8044
department establishes a program of that nature under that8045
section.8046

       (B)(1) Any court may impose as a sanction pursuant to8047
sections 2929.15 and 2929.17 of the Revised Code a period of8048
electronically monitored house arrest upon an eligible offender8049
who is convicted of or pleads guilty to a felony, except that the8050
total of any period of electronically monitored house arrest8051
imposed upon that eligible offender plus the period of all other8052
sanctions imposed upon the same eligible offender pursuant to8053
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised8054
Code shall not exceed five years. Any court may impose a period8055
of electronically monitored house arrest upon an eligible offender8056
who is convicted of or pleads guilty to a misdemeanor in addition8057
to or in lieu of any other sentence imposed or authorized for the8058
offense, except that the total of any period of electronically8059
monitored house arrest imposed upon that eligible offender plus8060
the period of any sentence of imprisonment imposed upon the same8061
eligible offender shall not exceed the maximum term of8062
imprisonment that could be imposed upon the eligible offender8063
pursuant to section 2929.21 of the Revised Code and except that,8064
if the offense for which an eligible offender is being sentenced8065
is a violation of division (A) of section 4511.19 or of division8066
(D)(2)(A) of section 4507.024510.14 of the Revised Code, the8067
court may impose a period of electronically monitored house arrest8068
upon the eligible offender only when authorized by and only in the8069
circumstances described in division (A)(G) of section 4511.998070
4511.19 or division (B)(C) of section 4507.994510.14 of the8071
Revised Code.8072

       If a court imposes a period of electronically monitored house8073
arrest upon an eligible offender, it shall require the eligible8074
offender to wear, otherwise have attached to the eligible8075
offender's person, or otherwise be subject to monitoring by a8076
certified electronic monitoring device or to participate in the8077
operation of and monitoring by a certified electronic monitoring8078
system; to remain in the eligible offender's home or other8079
specified premises for the entire period of electronically8080
monitored house arrest except when the court permits the eligible8081
offender to leave those premises to go to the eligible offender's8082
place of employment or to other specified premises; to be8083
monitored by a central system that monitors the certified8084
electronic monitoring device that is attached to the eligible8085
offender's person or that otherwise is being used to monitor the8086
eligible offender and that can monitor and determine the eligible8087
offender's location at any time or at a designated point in time8088
or to be monitored by the certified electronic monitoring system;8089
to report periodically to a person designated by the court; and,8090
in return for receiving a period of electronically monitored house8091
arrest, to enter into a written contract with the court agreeing8092
to comply with all restrictions and requirements imposed by the8093
court, agreeing to pay any fee imposed by the court for the costs8094
of the electronically monitored house arrest imposed by the court8095
pursuant to division (E) of this section, and agreeing to waive8096
the right to receive credit for any time served on electronically8097
monitored house arrest toward any prison term or sentence of8098
imprisonment imposed upon the eligible offender for the offense8099
for which the period of electronically monitored house arrest was8100
imposed if the eligible offender violates any of the restrictions8101
or requirements of the period of electronically monitored house8102
arrest, and additionally, it may impose any other reasonable8103
restrictions and requirements upon the eligible offender.8104

       (2) If an eligible offender violates any of the restrictions8105
or requirements imposed upon the eligible offender as part of the8106
eligible offender's period of electronically monitored house8107
arrest, the eligible offender shall not receive credit for any8108
time served on electronically monitored house arrest toward any8109
prison term or sentence of imprisonment imposed upon the eligible8110
offender for the offense for which the period of electronically8111
monitored house arrest was imposed.8112

       (C)(1) The superintendent of the bureau of criminal8113
identification and investigation, in accordance with this section8114
and rules adopted by the superintendent pursuant to division8115
(C)(2) of this section, shall certify for use in cases of8116
electronically monitored house arrest and in relation to an inmate8117
on transitional control specific types and brands of electronic8118
monitoring devices and electronic monitoring systems that comply8119
with the requirements of this section, section 5120.073 of the8120
Revised Code, and those rules. Any manufacturer that, pursuant to8121
this division, seeks to obtain the certification of any type or8122
brand of electronic monitoring device or electronic monitoring8123
system shall submit to the superintendent an application for8124
certification in accordance with those rules together with the8125
application fee and costs of certification as required by those8126
rules. The superintendent shall not certify any electronic8127
monitoring device or electronic monitoring system pursuant to this8128
division unless the application fee and costs have been paid to8129
the superintendent.8130

       (2) The superintendent, in accordance with Chapter 119. of8131
the Revised Code, shall adopt rules for certifying specific types8132
and brands of electronic monitoring devices and electronic8133
monitoring systems for use in electronically monitored house8134
arrest and in relation to an inmate on transitional control. The8135
rules shall set forth the requirements for obtaining the8136
certification, the application fee and other costs for obtaining8137
the certification, the procedure for applying for certification,8138
and any other requirements and procedures considered necessary by8139
the superintendent. The rules shall require that no type or brand8140
of electronic monitoring device or electronic monitoring system be8141
certified unless the type or brand of device or system complies8142
with whichever of the following is applicable, in addition to any8143
other requirements specified by the superintendent:8144

       (a) For electronic monitoring devices of the type described8145
in division (A)(1)(a) of this section, the type or brand of device8146
complies with all of the following:8147

       (i) It has a transmitter of the type described in division8148
(A)(1)(a)(i) of this section, a receiver of the type described in8149
division (A)(1)(a)(ii) of this section, and a central monitoring8150
computer of the type described in division (A)(1)(a)(iii) of this8151
section;8152

       (ii) Its transmitter can be worn by or attached to a person8153
with a minimum of discomfort during normal activities, is8154
difficult to remove, turn off, or otherwise alter without prior8155
court approval in relation to electronically monitored house8156
arrest or prior approval of the department of rehabilitation and8157
correction in relation to the use of an electronic monitoring8158
device for an inmate on transitional control, and will transmit a8159
specified signal to the receiver if it is removed, turned off,8160
altered, or otherwise tampered with;8161

       (iii) Its receiver is difficult to turn off or alter and8162
will transmit a signal to the central monitoring computer if it is8163
turned off, altered, or otherwise tampered with;8164

       (iv) Its central monitoring computer is difficult to8165
circumvent;8166

       (v) Its transmitter, receiver, and central monitoring8167
computer work accurately and reliably under the anticipated8168
conditions under which electronically monitored house arrest will8169
be imposed by courts or under which an electronic monitoring8170
device will be used by the department of rehabilitation and8171
correction in relation to an inmate on transitional control;8172

       (vi) It has a backup battery power supply that operates8173
automatically when the main source of electrical or battery power8174
for the device fails.8175

       (b) For electronic monitoring devices of the type described8176
in division (A)(1)(b) of this section, the type or brand of device8177
complies with all of the following:8178

       (i) It has a transmitter and receiver of the type described8179
in divisions (A)(1)(b)(i) and (ii) of this section.8180

       (ii) Its transmitter is difficult to turn off or alter8181
without prior court approval in relation to electronically8182
monitored house arrest or without prior approval of the8183
department of rehabilitation and correction in relation to the use8184
of an electronic monitoring device for an inmate on transitional8185
control, and, if the transmitter is turned off or altered in any8186
manner without prior approval of the court or department or8187
otherwise is tampered with, the fact that it has been turned off,8188
altered, or tampered with can be determined at any time, or at a8189
designated point in time, through the use of a central monitoring8190
computer or through other electronic means.8191

       (iii) Its receiver is difficult to turn off or alter, and,8192
if the receiver is turned off, altered, or otherwise tampered8193
with, the fact that it has been turned off, altered, or tampered8194
with can be determined at any time, or at a designated point in8195
time, through the use of a central monitoring computer or through8196
other electronic means.8197

       (iv) Its central monitoring computer or other means of8198
electronic monitoring is difficult to circumvent.8199

       (v) Its transmitter, receiver, and central monitoring8200
computer or other means of electronic monitoring work accurately8201
and reliably under the anticipated conditions under which8202
electronically monitored house arrest will be used, or under8203
which an electronic monitoring device will be used by the8204
department of rehabilitation and correction in relation to an8205
inmate on transitional control.8206

       (vi) If it operates on electrical or battery power, it has a8207
backup battery power supply that operates automatically when the8208
main source of electrical or battery power for the device fails,8209
or, if it does not operate on electrical or battery power, it has8210
a backup method of operation so that it will continue to operate8211
if its main method of operation fails.8212

       (c) For electronic monitoring systems, the type or brand of8213
system complies with all of the following:8214

       (i) It can be programmed to call the telephone or telephones8215
assigned to the person who is the subject of the monitoring as8216
often as necessary;8217

       (ii) It is equipped with a voice recognition system that can8218
work accurately and reliably under the anticipated conditions in8219
which it will operate;8220

       (iii) It is equipped to perform an alarm function if the8221
person who is the subject of the monitoring does not respond to8222
system commands in the manner required.8223

       (3) The superintendent shall publish and make available to8224
all courts and to the department of rehabilitation and correction,8225
without charge, a list of all types and brands of electronic8226
monitoring devices and electronic monitoring systems that have8227
been certified by the superintendent pursuant to division (C)(1)8228
of this section and information about the manufacturers of the8229
certified devices and systems and places at which the devices and8230
systems can be obtained.8231

       (D) The superintendent of the bureau of criminal8232
identification and investigation shall deposit all costs and fees8233
collected pursuant to division (C) of this section into the8234
general revenue fund.8235

       (E)(1) Each county in which is located a court that imposes8236
a period of electronically monitored house arrest as a sentencing8237
sanction or alternative may establish in the county treasury an8238
electronically monitored house arrest fund. The clerk of each8239
court that uses that sentencing sanction or alternative may8240
deposit into the fund all fees collected from eligible offenders8241
upon whom electronically monitored house arrest is imposed8242
pursuant to this section, section 2152.19, or any other section8243
of the Revised Code that specifically authorizes the imposition of8244
electronically monitored house arrest. Each court that imposes8245
electronically monitored house arrest may adopt by local court8246
rule a reasonable daily fee to be paid by each eligible offender8247
upon whom a period of electronically monitored house arrest is8248
imposed as a sentencing sanction or alternative. The fee may8249
include the actual costs of providing house arrest and an8250
additional amount necessary to enable the court to provide8251
electronically monitored house arrest to indigent eligible8252
offenders. The fund may be used only for the payment of the costs8253
of electronically monitored house arrest, including, but not8254
limited to, the costs of electronically monitored house arrest for8255
indigent eligible offenders.8256

       (2) If a fee is adopted pursuant to division (E)(1) of this8257
section, it shall be in addition to any fine specifically8258
authorized or required by any other section of the Revised Code8259
for an eligible offender upon whom a period of electronically8260
monitored house arrest is imposed as a sentencing sanction or8261
alternative.8262

       Sec. 2929.41.  (A) Except as provided in division (B) of8263
this section, division (E) of section 2929.14, or division (D) or8264
(E) of section 2971.03 of the Revised Code, a sentence of8265
imprisonment shall be served concurrently with any other sentence8266
of imprisonment imposed by a court of this state, another state,8267
or the United States. Except as provided in division (B)(2)(3) of8268
this section, a sentence of imprisonment for misdemeanor shall be8269
served concurrently with a prison term or sentence of imprisonment8270
for felony served in a state or federal correctional institution.8271

       (B)(1) A sentence of imprisonment for a misdemeanor shall be8272
served consecutively to any other sentence of imprisonment when8273
the trial court specifies that it is to be served consecutively or8274
when it is imposed for a misdemeanor violation of section8275
2907.322, 2921.34, or 2923.131 of the Revised Code.8276

       When consecutive sentences of imprisonment are imposed for8277
misdemeanor under this division, the term to be served is the8278
aggregate of the consecutive terms imposed, except that the8279
aggregate term to be served shall not exceed eighteen months.8280

       (3)(2) If a court of this state imposes a prison term upon8281
the offender for the commission of a felony and a court of another8282
state or the United States also has imposed a prison term upon the8283
offender for the commission of a felony, the court of this state8284
may order that the offender serve the prison term it imposes8285
consecutively to any prison term imposed upon the offender by the8286
court of another state or the United States.8287

       (2)(3) A sentence of imprisonment imposed for a misdemeanor8288
violation of section 4510.11, 4510.14, 4510.16, 4510.21,or8289
4511.19 or division (B)(1), (C), (D)(1), or (D)(2) of section8290
4507.02 of the Revised Code shall be served consecutively to a8291
prison term that is imposed for a felony violation of section8292
2903.06, 2903.07, 2903.08, or 4511.19 of the Revised Code or a8293
felony violation of section 2903.04 of the Revised Code involving8294
the operation of a motor vehicle by the offender and that is8295
served in a state correctional institution when the trial court8296
specifies that it is to be served consecutively.8297

       When consecutive sentences of imprisonment and prison terms8298
are imposed for one or more misdemeanors and one or more felonies8299
under this division, the term to be served is the aggregate of the8300
consecutive terms imposed, and the offender shall serve all terms8301
imposed for a felony before serving any term imposed for a8302
misdemeanor.8303

       Sec. 2935.03.  (A)(1) A sheriff, deputy sheriff, marshal,8304
deputy marshal, municipal police officer, township constable,8305
police officer of a township or joint township police district,8306
member of a police force employed by a metropolitan housing8307
authority under division (D) of section 3735.31 of the Revised8308
Code, member of a police force employed by a regional transit8309
authority under division (Y) of section 306.35 of the Revised8310
Code, state university law enforcement officer appointed under8311
section 3345.04 of the Revised Code, Ohio veterans' home police8312
officer appointed under section 5907.02 of the Revised Code, or8313
special police officer employed by a port authority under section8314
4582.04 or 4582.28 of the Revised Code shall arrest and detain,8315
until a warrant can be obtained, a person found violating, within8316
the limits of the political subdivision, metropolitan housing8317
authority housing project, regional transit authority facilities8318
or areas of a municipal corporation that have been agreed to by a8319
regional transit authority and a municipal corporation located8320
within its territorial jurisdiction, college, university, Ohio8321
veterans' home, or port authority in which the peace officer is8322
appointed, employed, or elected, a law of this state, an ordinance8323
of a municipal corporation, or a resolution of a township.8324

       (2) A peace officer of the department of natural resources8325
or an individual designated to perform law enforcement duties8326
under section 511.232, 1545.13, or 6101.75 of the Revised Code8327
shall arrest and detain, until a warrant can be obtained, a person8328
found violating, within the limits of the peace officer's or8329
individual's territorial jurisdiction, a law of this state.8330

       (3) The house sergeant at arms if the house sergeant at arms8331
has arrest authority pursuant to division (E)(1) of section8332
101.311 of the Revised Code and an assistant house sergeant at8333
arms shall arrest and detain, until a warrant can be obtained, a8334
person found violating, within the limits of the sergeant at arm's8335
arms's or assistant sergeant at arm'sarms's territorial8336
jurisdiction specified in division (D)(1)(a) of section 101.311 of8337
the Revised Code or while providing security pursuant to division8338
(D)(1)(f) of section 101.311 of the Revised Code, a law of this8339
state, an ordinance of a municipal corporation, or a resolution of8340
a township.8341

       (B)(1) When there is reasonable ground to believe that an8342
offense of violence, the offense of criminal child enticement as8343
defined in section 2905.05 of the Revised Code, the offense of8344
public indecency as defined in section 2907.09 of the Revised8345
Code, the offense of domestic violence as defined in section8346
2919.25 of the Revised Code, the offense of violating a protection8347
order as defined in section 2919.27 of the Revised Code, the8348
offense of menacing by stalking as defined in section 2903.211 of8349
the Revised Code, the offense of aggravated trespass as defined in8350
section 2911.211 of the Revised Code, a theft offense as defined8351
in section 2913.01 of the Revised Code, or a felony drug abuse8352
offense as defined in section 2925.01 of the Revised Code, has8353
been committed within the limits of the political subdivision,8354
metropolitan housing authority housing project, regional transit8355
authority facilities or those areas of a municipal corporation8356
that have been agreed to by a regional transit authority and a8357
municipal corporation located within its territorial jurisdiction,8358
college, university, Ohio veterans' home, or port authority in8359
which the peace officer is appointed, employed, or elected or8360
within the limits of the territorial jurisdiction of the peace8361
officer, a peace officer described in division (A) of this section8362
may arrest and detain until a warrant can be obtained any person8363
who the peace officer has reasonable cause to believe is guilty of8364
the violation.8365

       (2) For purposes of division (B)(1) of this section, the8366
execution of any of the following constitutes reasonable ground to8367
believe that the offense alleged in the statement was committed8368
and reasonable cause to believe that the person alleged in the8369
statement to have committed the offense is guilty of the8370
violation:8371

       (a) A written statement by a person alleging that an alleged8372
offender has committed the offense of menacing by stalking or8373
aggravated trespass;8374

       (b) A written statement by the administrator of the8375
interstate compact on mental health appointed under section8376
5119.51 of the Revised Code alleging that a person who had been8377
hospitalized, institutionalized, or confined in any facility under8378
an order made pursuant to or under authority of section 2945.37,8379
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the8380
Revised Code has escaped from the facility, from confinement in a8381
vehicle for transportation to or from the facility, or from8382
supervision by an employee of the facility that is incidental to8383
hospitalization, institutionalization, or confinement in the8384
facility and that occurs outside of the facility, in violation of8385
section 2921.34 of the Revised Code;8386

       (c) A written statement by the administrator of any facility8387
in which a person has been hospitalized, institutionalized, or8388
confined under an order made pursuant to or under authority of8389
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or8390
2945.402 of the Revised Code alleging that the person has escaped8391
from the facility, from confinement in a vehicle for8392
transportation to or from the facility, or from supervision by an8393
employee of the facility that is incidental to hospitalization,8394
institutionalization, or confinement in the facility and that8395
occurs outside of the facility, in violation of section 2921.34 of8396
the Revised Code.8397

       (3)(a) For purposes of division (B)(1) of this section, a8398
peace officer described in division (A) of this section has8399
reasonable grounds to believe that the offense of domestic8400
violence or the offense of violating a protection order has been8401
committed and reasonable cause to believe that a particular person8402
is guilty of committing the offense if any of the following8403
occurs:8404

       (i) A person executes a written statement alleging that the8405
person in question has committed the offense of domestic violence8406
or the offense of violating a protection order against the person8407
who executes the statement or against a child of the person who8408
executes the statement.8409

       (ii) No written statement of the type described in division8410
(B)(3)(a)(i) of this section is executed, but the peace officer,8411
based upon the peace officer's own knowledge and observation of8412
the facts and circumstances of the alleged incident of the offense8413
of domestic violence or the alleged incident of the offense of8414
violating a protection order or based upon any other information,8415
including, but not limited to, any reasonably trustworthy8416
information given to the peace officer by the alleged victim of8417
the alleged incident of the offense or any witness of the alleged8418
incident of the offense, concludes that there are reasonable8419
grounds to believe that the offense of domestic violence or the8420
offense of violating a protection order has been committed and8421
reasonable cause to believe that the person in question is guilty8422
of committing the offense.8423

       (iii) No written statement of the type described in division8424
(B)(3)(a)(i) of this section is executed, but the peace officer8425
witnessed the person in question commit the offense of domestic8426
violence or the offense of violating a protection order.8427

       (b) If pursuant to division (B)(3)(a) of this section a8428
peace officer has reasonable grounds to believe that the offense8429
of domestic violence or the offense of violating a protection8430
order has been committed and reasonable cause to believe that a8431
particular person is guilty of committing the offense, it is the8432
preferred course of action in this state that the officer arrest8433
and detain that person pursuant to division (B)(1) of this section8434
until a warrant can be obtained.8435

       If pursuant to division (B)(3)(a) of this section a peace8436
officer has reasonable grounds to believe that the offense of8437
domestic violence or the offense of violating a protection order8438
has been committed and reasonable cause to believe that family or8439
household members have committed the offense against each other,8440
it is the preferred course of action in this state that the8441
officer, pursuant to division (B)(1) of this section, arrest and8442
detain until a warrant can be obtained the family or household8443
member who committed the offense and whom the officer has8444
reasonable cause to believe is the primary physical aggressor.8445
There is no preferred course of action in this state regarding any8446
other family or household member who committed the offense and8447
whom the officer does not have reasonable cause to believe is the8448
primary physical aggressor, but, pursuant to division (B)(1) of8449
this section, the peace officer may arrest and detain until a8450
warrant can be obtained any other family or household member who8451
committed the offense and whom the officer does not have8452
reasonable cause to believe is the primary physical aggressor.8453

       (c) If a peace officer described in division (A) of this8454
section does not arrest and detain a person whom the officer has8455
reasonable cause to believe committed the offense of domestic8456
violence or the offense of violating a protection order when it is8457
the preferred course of action in this state pursuant to division8458
(B)(3)(b) of this section that the officer arrest that person, the8459
officer shall articulate in the written report of the incident8460
required by section 2935.032 of the Revised Code a clear statement8461
of the officer's reasons for not arresting and detaining that8462
person until a warrant can be obtained.8463

       (d) In determining for purposes of division (B)(3)(b) of8464
this section which family or household member is the primary8465
physical aggressor in a situation in which family or household8466
members have committed the offense of domestic violence or the8467
offense of violating a protection order against each other, a8468
peace officer described in division (A) of this section, in8469
addition to any other relevant circumstances, should consider all8470
of the following:8471

       (i) Any history of domestic violence or of any other violent8472
acts by either person involved in the alleged offense that the8473
officer reasonably can ascertain;8474

       (ii) If violence is alleged, whether the alleged violence8475
was caused by a person acting in self-defense;8476

       (iii) Each person's fear of physical harm, if any, resulting8477
from the other person's threatened use of force against any person8478
or resulting from the other person's use or history of the use of8479
force against any person, and the reasonableness of that fear;8480

       (iv) The comparative severity of any injuries suffered by8481
the persons involved in the alleged offense.8482

       (e)(i) A peace officer described in division (A) of this8483
section shall not require, as a prerequisite to arresting or8484
charging a person who has committed the offense of domestic8485
violence or the offense of violating a protection order, that the8486
victim of the offense specifically consent to the filing of8487
charges against the person who has committed the offense or sign a8488
complaint against the person who has committed the offense.8489

       (ii) If a person is arrested for or charged with committing8490
the offense of domestic violence or the offense of violating a8491
protection order and if the victim of the offense does not8492
cooperate with the involved law enforcement or prosecuting8493
authorities in the prosecution of the offense or, subsequent to8494
the arrest or the filing of the charges, informs the involved law8495
enforcement or prosecuting authorities that the victim does not8496
wish the prosecution of the offense to continue or wishes to drop8497
charges against the alleged offender relative to the offense, the8498
involved prosecuting authorities, in determining whether to8499
continue with the prosecution of the offense or whether to dismiss8500
charges against the alleged offender relative to the offense and8501
notwithstanding the victim's failure to cooperate or the victim's8502
wishes, shall consider all facts and circumstances that are8503
relevant to the offense, including, but not limited to, the8504
statements and observations of the peace officers who responded to8505
the incident that resulted in the arrest or filing of the charges8506
and of all witnesses to that incident.8507

       (f) In determining pursuant to divisions (B)(3)(a) to (g) of8508
this section whether to arrest a person pursuant to division8509
(B)(1) of this section, a peace officer described in division (A)8510
of this section shall not consider as a factor any possible8511
shortage of cell space at the detention facility to which the8512
person will be taken subsequent to the person's arrest or any8513
possibility that the person's arrest might cause, contribute to,8514
or exacerbate overcrowding at that detention facility or at any8515
other detention facility.8516

       (g) If a peace officer described in division (A) of this8517
section intends pursuant to divisions (B)(3)(a) to (g) of this8518
section to arrest a person pursuant to division (B)(1) of this8519
section and if the officer is unable to do so because the person8520
is not present, the officer promptly shall seek a warrant for the8521
arrest of the person.8522

       (h) If a peace officer described in division (A) of this8523
section responds to a report of an alleged incident of the offense8524
of domestic violence or an alleged incident of the offense of8525
violating a protection order and if the circumstances of the8526
incident involved the use or threatened use of a deadly weapon or8527
any person involved in the incident brandished a deadly weapon8528
during or in relation to the incident, the deadly weapon that was8529
used, threatened to be used, or brandished constitutes contraband,8530
and, to the extent possible, the officer shall seize the deadly8531
weapon as contraband pursuant to section 2933.43 of the Revised8532
Code. Upon the seizure of a deadly weapon pursuant to division8533
(B)(3)(h) of this section, section 2933.43 of the Revised Code8534
shall apply regarding the treatment and disposition of the deadly8535
weapon. For purposes of that section, the "underlying criminal8536
offense" that was the basis of the seizure of a deadly weapon8537
under division (B)(3)(h) of this section and to which the deadly8538
weapon had a relationship is any of the following that is8539
applicable:8540

       (i) The alleged incident of the offense of domestic violence8541
or the alleged incident of the offense of violating a protection8542
order to which the officer who seized the deadly weapon responded;8543

       (ii) Any offense that arose out of the same facts and8544
circumstances as the report of the alleged incident of the offense8545
of domestic violence or the alleged incident of the offense of8546
violating a protection order to which the officer who seized the8547
deadly weapon responded.8548

       (4) If, in the circumstances described in divisions8549
(B)(3)(a) to (g) of this section, a peace officer described in8550
division (A) of this section arrests and detains a person pursuant8551
to division (B)(1) of this section, or if, pursuant to division8552
(B)(3)(h) of this section, a peace officer described in division8553
(A) of this section seizes a deadly weapon, the officer, to the8554
extent described in and in accordance with section 9.86 or 2744.038555
of the Revised Code, is immune in any civil action for damages for8556
injury, death, or loss to person or property that arises from or8557
is related to the arrest and detention or the seizure.8558

       (C) When there is reasonable ground to believe that a8559
violation of division (A)(1), (B)(2), or (C)(3) of section 4506.158560
or a violation of section 4511.19 of the Revised Code has been8561
committed by a person operating a motor vehicle subject to8562
regulation by the public utilities commission of Ohio under Title8563
XLIX of the Revised Code, a peace officer with authority to8564
enforce that provision of law may stop or detain the person whom8565
the officer has reasonable cause to believe was operating the8566
motor vehicle in violation of the division or section and, after8567
investigating the circumstances surrounding the operation of the8568
vehicle, may arrest and detain the person.8569

       (D) If a sheriff, deputy sheriff, marshal, deputy marshal,8570
municipal police officer, member of a police force employed by a8571
metropolitan housing authority under division (D) of section8572
3735.31 of the Revised Code, member of a police force employed by8573
a regional transit authority under division (Y) of section 306.358574
of the Revised Code, special police officer employed by a port8575
authority under section 4582.04 or 4582.28 of the Revised Code,8576
township constable, police officer of a township or joint township8577
police district, state university law enforcement officer8578
appointed under section 3345.04 of the Revised Code, peace officer8579
of the department of natural resources, individual designated to8580
perform law enforcement duties under section 511.232, 1545.13, or8581
6101.75 of the Revised Code, the house sergeant at arms if the8582
house sergeant at arms has arrest authority pursuant to division8583
(E)(1) of section 101.311 of the Revised Code, or an assistant8584
house sergeant at arms is authorized by division (A) or (B) of8585
this section to arrest and detain, within the limits of the8586
political subdivision, metropolitan housing authority housing8587
project, regional transit authority facilities or those areas of a8588
municipal corporation that have been agreed to by a regional8589
transit authority and a municipal corporation located within its8590
territorial jurisdiction, port authority, college, or university8591
in which the officer is appointed, employed, or elected or within8592
the limits of the territorial jurisdiction of the peace officer, a8593
person until a warrant can be obtained, the peace officer, outside8594
the limits of that territory, may pursue, arrest, and detain that8595
person until a warrant can be obtained if all of the following8596
apply:8597

       (1) The pursuit takes place without unreasonable delay after8598
the offense is committed;8599

       (2) The pursuit is initiated within the limits of the8600
political subdivision, metropolitan housing authority housing8601
project, regional transit authority facilities or those areas of a8602
municipal corporation that have been agreed to by a regional8603
transit authority and a municipal corporation located within its8604
territorial jurisdiction, port authority, college, or university8605
in which the peace officer is appointed, employed, or elected or8606
within the limits of the territorial jurisdiction of the peace8607
officer;8608

       (3) The offense involved is a felony, a misdemeanor of the8609
first degree or a substantially equivalent municipal ordinance, a8610
misdemeanor of the second degree or a substantially equivalent8611
municipal ordinance, or any offense for which points are8612
chargeable pursuant to division (G) of section 4507.0214510.0368613
of the Revised Code.8614

       (E) In addition to the authority granted under division (A)8615
or (B) of this section:8616

       (1) A sheriff or deputy sheriff may arrest and detain, until8617
a warrant can be obtained, any person found violating section8618
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section8619
4549.62, or Chapter 4511. or 4513. of the Revised Code on the8620
portion of any street or highway that is located immediately8621
adjacent to the boundaries of the county in which the sheriff or8622
deputy sheriff is elected or appointed.8623

       (2) A member of the police force of a township police8624
district created under section 505.48 of the Revised Code, a8625
member of the police force of a joint township police district8626
created under section 505.481 of the Revised Code, or a township8627
constable appointed in accordance with section 509.01 of the8628
Revised Code, who has received a certificate from the Ohio peace8629
officer training commission under section 109.75 of the Revised8630
Code, may arrest and detain, until a warrant can be obtained, any8631
person found violating any section or chapter of the Revised Code8632
listed in division (E)(1) of this section, other than sections8633
4513.33 and 4513.34 of the Revised Code, on the portion of any8634
street or highway that is located immediately adjacent to the8635
boundaries of the township police district or joint township8636
police district, in the case of a member of a township police8637
district or joint township police district police force, or the8638
unincorporated territory of the township, in the case of a8639
township constable. However, if the population of the township8640
that created the township police district served by the member's8641
police force, or the townships that created the joint township8642
police district served by the member's police force, or the8643
township that is served by the township constable, is sixty8644
thousand or less, the member of the township police district or8645
joint police district police force or the township constable may8646
not make an arrest under division (E)(2) of this section on a8647
state highway that is included as part of the interstate system.8648

       (3) A police officer or village marshal appointed, elected,8649
or employed by a municipal corporation may arrest and detain,8650
until a warrant can be obtained, any person found violating any8651
section or chapter of the Revised Code listed in division (E)(1)8652
of this section on the portion of any street or highway that is8653
located immediately adjacent to the boundaries of the municipal8654
corporation in which the police officer or village marshal is8655
appointed, elected, or employed.8656

       (4) A peace officer of the department of natural resources8657
or an individual designated to perform law enforcement duties8658
under section 511.232, 1545.13, or 6101.75 of the Revised Code may8659
arrest and detain, until a warrant can be obtained, any person8660
found violating any section or chapter of the Revised Code listed8661
in division (E)(1) of this section, other than sections 4513.338662
and 4513.34 of the Revised Code, on the portion of any street or8663
highway that is located immediately adjacent to the boundaries of8664
the lands and waters that constitute the territorial jurisdiction8665
of the peace officer.8666

       (F)(1) A department of mental health special police officer8667
or a department of mental retardation and developmental8668
disabilities special police officer may arrest without a warrant8669
and detain until a warrant can be obtained any person found8670
committing on the premises of any institution under the8671
jurisdiction of the particular department a misdemeanor under a8672
law of the state.8673

       A department of mental health special police officer or a8674
department of mental retardation and developmental disabilities8675
special police officer may arrest without a warrant and detain8676
until a warrant can be obtained any person who has been8677
hospitalized, institutionalized, or confined in an institution8678
under the jurisdiction of the particular department pursuant to or8679
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,8680
2945.40, 2945.401, or 2945.402 of the Revised Code and who is8681
found committing on the premises of any institution under the8682
jurisdiction of the particular department a violation of section8683
2921.34 of the Revised Code that involves an escape from the8684
premises of the institution.8685

       (2)(a) If a department of mental health special police8686
officer or a department of mental retardation and developmental8687
disabilities special police officer finds any person who has been8688
hospitalized, institutionalized, or confined in an institution8689
under the jurisdiction of the particular department pursuant to or8690
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,8691
2945.40, 2945.401, or 2945.402 of the Revised Code committing a8692
violation of section 2921.34 of the Revised Code that involves an8693
escape from the premises of the institution, or if there is8694
reasonable ground to believe that a violation of section 2921.348695
of the Revised Code has been committed that involves an escape8696
from the premises of an institution under the jurisdiction of the8697
department of mental health or the department of mental8698
retardation and developmental disabilities and if a department of8699
mental health special police officer or a department of mental8700
retardation and developmental disabilities special police officer8701
has reasonable cause to believe that a particular person who has8702
been hospitalized, institutionalized, or confined in the8703
institution pursuant to or under authority of section 2945.37,8704
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the8705
Revised Code is guilty of the violation, the special police8706
officer, outside of the premises of the institution, may pursue,8707
arrest, and detain that person for that violation of section8708
2921.34 of the Revised Code, until a warrant can be obtained, if8709
both of the following apply:8710

       (i) The pursuit takes place without unreasonable delay after8711
the offense is committed;8712

       (ii) The pursuit is initiated within the premises of the8713
institution from which the violation of section 2921.34 of the8714
Revised Code occurred.8715

       (b) For purposes of division (F)(2)(a) of this section, the8716
execution of a written statement by the administrator of the8717
institution in which a person had been hospitalized,8718
institutionalized, or confined pursuant to or under authority of8719
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or8720
2945.402 of the Revised Code alleging that the person has escaped8721
from the premises of the institution in violation of section8722
2921.34 of the Revised Code constitutes reasonable ground to8723
believe that the violation was committed and reasonable cause to8724
believe that the person alleged in the statement to have committed8725
the offense is guilty of the violation.8726

       (G) As used in this section:8727

       (1) A "department of mental health special police officer"8728
means a special police officer of the department of mental health8729
designated under section 5119.14 of the Revised Code who is8730
certified by the Ohio peace officer training commission under8731
section 109.77 of the Revised Code as having successfully8732
completed an approved peace officer basic training program.8733

       (2) A "department of mental retardation and developmental8734
disabilities special police officer" means a special police8735
officer of the department of mental retardation and developmental8736
disabilities designated under section 5123.13 of the Revised Code8737
who is certified by the Ohio peace officer training council under8738
section 109.77 of the Revised Code as having successfully8739
completed an approved peace officer basic training program.8740

       (3) "Deadly weapon" has the same meaning as in section8741
2923.11 of the Revised Code.8742

       (4) "Family or household member" has the same meaning as in8743
section 2919.25 of the Revised Code.8744

       (5) "Street" or "highway" has the same meaning as in section8745
4511.01 of the Revised Code.8746

       (6) "Interstate system" has the same meaning as in section8747
5516.01 of the Revised Code.8748

       (7) "Peace officer of the department of natural resources"8749
means an employee of the department of natural resources who is a8750
natural resources law enforcement staff officer designated8751
pursuant to section 1501.013, a forest officer designated pursuant8752
to section 1503.29, a preserve officer designated pursuant to8753
section 1517.10, a wildlife officer designated pursuant to section8754
1531.13, a park officer designated pursuant to section 1541.10, or8755
a state watercraft officer designated pursuant to section 1547.5218756
of the Revised Code.8757

       Sec. 2935.27.  (A)(1) If a law enforcement officer issues a8758
citation to a person pursuant to section 2935.26 of the Revised8759
Code and if the minor misdemeanor offense for which the citation8760
is issued is an act prohibited by Chapter 4511., 4513., or 4549.8761
of the Revised Code or an act prohibited by any municipal8762
ordinance that is substantially similar to any section contained8763
in Chapter 4511., 4513., or 4549. of the Revised Code, the officer8764
shall inform the person, if the person has a current valid Ohio8765
driver's or commercial driver's license, of the possible8766
consequences of the person's actions as required under division8767
(E) of this section, and also shall inform the person that the8768
person is required either to appear at the time and place stated8769
in the citation or to comply with division (C) of section 2935.268770
of the Revised Code.8771

       (2) If the person is an Ohio resident whobut does not have8772
a current valid Ohio driver's or commercial driver's license or if8773
the person is a resident of a state that is not a member of the8774
nonresident violator compact, of which this state is a member8775
pursuant to section 4511.954510.71 of the Revised Code, and if8776
the officer shall bring the person before the court with which the8777
citation is required to be filed,by local rule, has prescribed a8778
procedure for the setting of a reasonable security by the court8779
pursuant to division (F) of this section, security shall be set in8780
accordance with that local rule and that division.8781

       A court by local rule may prescribe a procedure for the8782
setting of reasonable security as described in this division. As8783
an alternative to this procedure, a court by local rule may8784
prescribe a procedure for the setting of a reasonable security by8785
the person without the person appearing before the court.8786

       (B) A person who appears before a court to havehas security8787
set under division (A)(2) of this section shall be given a receipt8788
or other evidence of the deposit of the security by the court.8789

       (C) Upon compliance with division (C) of section 2935.26 of8790
the Revised Code by a person who was issued a citation, the clerk8791
of the court shall notify the court. The court shall immediately8792
return any sum of money, license, or other security deposited in8793
relation to the citation to the person, or to any other person who8794
deposited the security.8795

       (D) If a person who has a current valid Ohio driver's or8796
commercial driver's license and who was issued a citation fails to8797
appear at the time and place specified on the citation, fails to8798
comply with division (C) of section 2935.26 of the Revised Code,8799
or fails to comply with or satisfy any judgment of the court8800
within the time allowed by the court, the court shall declare the8801
forfeituresuspension of the person's license. Thirty days after8802
the declaration of forfeiture, the court shall enter information8803
relative to the forfeituresuspension on a form approved and8804
furnished by the registrar of motor vehicles, and forward the form8805
to the registrar. The registrar shall suspend the person's8806
driver's or commercial driver's license, send written notification8807
of the suspension to the person at the person's last known8808
address, and order the person to surrender the person's driver's8809
or commercial driver's license to the registrar within forty-eight8810
hours. No valid driver's or commercial driver's license shall be8811
granted to the person until the court having jurisdiction of the8812
offense that led to the suspension orders that the forfeiture8813
suspension be terminated. The court shall so order if the person,8814
after having failed to appear in court at the required time and8815
place to answer the charge or after having pleaded guilty to or8816
been found guilty of the violation and having failed within the8817
time allowed by the court to pay the fine imposed by the court,8818
thereafter appears to answer the charge and pays any fine imposed8819
by the court or pays the fine originally imposed by the court. The8820
court shall inform the registrar of the termination of the8821
forfeituresuspension by entering information relative to the8822
termination on a form approved and furnished by the registrar and8823
sending the form to the registrar as provided in this division. 8824
The court also shall charge and collect from the person shall pay8825
to the bureau of motor vehicles a fifteen-dollar processing fee to8826
cover the costs of the bureau of motor vehicles in administering8827
this section. The clerk of the court shall transmit monthly all8828
such processing fees to the registrar forshall deposit the fees8829
so paid into the state bureau of motor vehicles fund created by8830
section 4501.25 of the Revised Code.8831

       In addition, upon receipt of the copy of the declaration of8832
forfeituresuspension from the court, neither the registrar nor8833
any deputy registrar shall accept any application for the8834
registration or transfer of registration of any motor vehicle8835
owned or leased by the person named in the declaration of8836
forfeituresuspension until the court having jurisdiction of the8837
offense that led to the forfeituresuspension orders that the8838
forfeituresuspension be terminated. However, for a motor vehicle8839
leased by a person named in a declaration of forfeiture8840
suspension, the registrar shall not implement the preceding8841
sentence until the registrar adopts procedures for that8842
implementation under section 4503.39 of the Revised Code. Upon8843
receipt by the registrar of an order terminating the forfeiture8844
suspension, the registrar shall take such measures as may be8845
necessary to permit the person to register a motor vehicle owned8846
or leased by the person or to transfer the registration of such a8847
motor vehicle, if the person later makes application to take such8848
action and the person otherwise is eligible to register the motor8849
vehicle or to transfer the registration of it.8850

       The registrar is not required to give effect to any8851
declaration of forfeituresuspension or order terminating a8852
forfeituresuspension unless the order is transmitted to the8853
registrar by means of an electronic transfer system.8854

       If the person who was issued the citation fails to appear at8855
the time and place specified on the citation and fails to comply8856
with division (C) of section 2935.26 of the Revised Code and the8857
person has deposited a sum of money or other security in relation8858
to the citation under division (A)(2) of this section, the deposit8859
immediately shall be forfeited to the court.8860

       This section does not preclude further action as authorized8861
by division (F) of section 2935.26 of the Revised Code.8862

       (E) A law enforcement officer who issues a person a minor8863
misdemeanor citation for an act prohibited by Chapter 4511.,8864
4513., or 4549. of the Revised Code or an act prohibited by a8865
municipal ordinance that is substantially similar to any section8866
contained in Chapter 4511., 4513., or 4549. of the Revised Code8867
shall inform the person that if the person does not appear at the8868
time and place stated on the citation or does not comply with8869
division (C) of section 2935.26 of the Revised Code, the person's8870
driver's or commercial driver's license will be suspended, the8871
person will not be eligible for the reissuance of the license or8872
the issuance of a new license or the issuance of a certificate of8873
registration for a motor vehicle owned or leased by the person,8874
until the person appears and complies with all orders of the8875
court. The person also is subject to any applicable criminal8876
penalties.8877

       (F) A court setting security under division (A)(2) of this8878
section shall do so in conformity with sections 2937.22 and8879
2937.23 of the Revised Code and the Rules of Criminal Procedure.8880

       Sec. 2937.221.  (A) A person arrested without warrant for8881
any violation listed in division (B) of this section, and having a8882
current valid Ohio driver's or commercial driver's license, if the8883
person has been notified of the possible consequences of the8884
person's actions as required by division (C) of this section, may8885
post bond by depositing the license with the arresting officer if8886
the officer and person so choose, or with the local court having8887
jurisdiction if the court and person so choose. The license may8888
be used as bond only during the period for which it is valid.8889

       When an arresting officer accepts the driver's or commercial8890
driver's license as bond, the officer shall note the date, time,8891
and place of the court appearance on "the violator's notice to8892
appear," and the notice shall serve as a valid Ohio driver's or8893
commercial driver's license until the date and time appearing8894
thereon. The arresting officer immediately shall forward the8895
license to the appropriate court.8896

       When a local court accepts the license as bond or continues8897
the case to another date and time, it shall provide the person8898
with a card in a form approved by the registrar of motor vehicles8899
setting forth the license number, name, address, the date and time8900
of the court appearance, and a statement that the license is being8901
held as bond. The card shall serve as a valid license until the8902
date and time contained in the card.8903

       The court may accept other bond at any time and return the8904
license to the person. The court shall return the license to the8905
person when judgment is satisfied, including, but not limited to,8906
compliance with any court orders, unless a suspension or8907
revocationcancellation is part of the penalty imposed.8908

       Neither "the violator's notice to appear" nor a court-8909
granted card shall continue driving privileges beyond the8910
expiration date of the license.8911

       If the person arrested fails to appear in court at the date8912
and time set by the court or fails to satisfy the judgment of the8913
court, including, but not limited to, compliance with all court8914
orders within the time allowed by the court, the court may declare8915
the forfeiture ofimpose a class seven suspension of the person's8916
license from the range specified in division (A)(7) of section8917
4510.02 of the Revised Code. Thirty days after the declaration of8918
forfeituresuspension, the court shall forward the person's8919
license to the registrar. The court also shall enter information8920
relative to the forfeituresuspension on a form approved and8921
furnished by the registrar and send the form to the registrar, who8922
and the registrar shall suspend the license and send written8923
notification of the suspension to the person at the person's last8924
known address. No valid driver's or commercial driver's license8925
shall be granted to the person until the expiration of the period8926
of the suspension or, prior to the expiration of that period, the8927
court having jurisdiction orders that the forfeiture besuspension8928
is terminated. TheIf the court terminates the suspension, the8929
court shall inform the registrar of the termination of the8930
forfeiture by entering information relative to the termination on8931
a form approved and furnished by the registrar and sending the8932
form to the registrar. The court also shall charge and collect8933
fromUpon the expiration or termination of the suspension, the8934
person shall pay to the bureau of motor vehicles a processing fee8935
of fifteen dollars to cover the costs of the bureau of motor8936
vehicles in administering this section. The clerk of the court8937
shall transmit monthly all such processing fees to the registrar8938
forshall deposit the fees so paid into the state bureau of motor8939
vehicles fund created by section 4501.25 of the Revised Code.8940

       In addition, upon receipt from the court of the copy of the8941
declaration of forfeituresuspension, neither the registrar nor8942
any deputy registrar shall accept any application for the8943
registration or transfer of registration of any motor vehicle8944
owned by or leased in the name of the person named in the8945
declaration of forfeituresuspension until the expiration of the8946
period of the suspension or, prior to the expiration of that8947
period, the court having jurisdiction over the offense that led to8948
the suspension issues an order terminating the forfeiture8949
suspension. However, for a motor vehicle leased in the name of a8950
person named in a declaration of forfeituresuspension, the8951
registrar shall not implement the preceding sentence until the8952
registrar adopts procedures for that implementation under section8953
4503.39 of the Revised Code. Upon the expiration of the8954
suspension or upon receipt by the registrar of such an order8955
terminating the suspension, the registrar also shall take suchthe8956
measures as may be necessary to permit the person to register a8957
motor vehicle the person owns or leases or to transfer the8958
registration of such a motor vehicle the person owns or leases if8959
the person later makes a proper application and otherwise is8960
eligible to be issued or to transfer a motor vehicle registration.8961

       (B) Division (A) of this section applies to persons arrested8962
for violation of:8963

       (1) Any of the provisions of Chapter 4511. or 4513. of the8964
Revised Code, except sections 4511.19, 4511.20, 4511.251, and8965
4513.36 of the Revised Code;8966

       (2) Any municipal ordinance substantially similar to a8967
section included in division (B)(1) of this section;8968

       (3) Any bylaw, rule, or regulation of the Ohio turnpike8969
commission substantially similar to a section included in division8970
(B)(1) of this section.8971

       Division (A) of this section does not apply to those persons8972
issued a citation for the commission of a minor misdemeanor under8973
section 2935.26 of the Revised Code.8974

       (C) No license shall be accepted as bond by an arresting8975
officer or by a court under this section until the officer or8976
court has notified the person that, if the person deposits the8977
license with the officer or court and either does not appear on8978
the date and at the time set by the officer or the court, if the8979
court sets a time, or does not satisfy any judgment rendered,8980
including, but not limited to, compliance with all court orders,8981
the license will be suspended, and the person will not be eligible8982
for reissuance of the license or issuance of a new license, or the8983
issuance of a certificate of registration for a motor vehicle8984
owned or leased by the person until the person appears and8985
complies with any order issued by the court. The person also is8986
subject to any criminal penalties that may apply to the person.8987

       Sec. 2937.222.  (A) On the motion of the prosecuting8988
attorney or on the judge's own motion, the judge shall hold a8989
hearing to determine whether an accused person charged with8990
aggravated murder when it is not a capital offense, murder, a8991
felony of the first or second degree, a violation of section8992
2903.06 of the Revised Code, a violation of section 2903.211 of8993
the Revised Code that is a felony, or a felony OMVIOVI offense8994
shall be denied bail. The judge shall order that the accused be8995
detained until the conclusion of the hearing. Except for good8996
cause, a continuance on the motion of the state shall not exceed8997
three court days. Except for good cause, a continuance on the8998
motion of the accused shall not exceed five court days unless the8999
motion of the accused waives in writing the five-day limit and9000
states in writing a specific period for which the accused requests9001
a continuance. A continuance granted upon a motion of the accused9002
that waives in writing the five-day limit shall not exceed five9003
court days after the period of continuance requested in the9004
motion.9005

       At the hearing, the accused has the right to be represented9006
by counsel and, if the accused is indigent, to have counsel9007
appointed. The judge shall afford the accused an opportunity to9008
testify, to present witnesses and other information, and to9009
cross-examine witnesses who appear at the hearing. The rules9010
concerning admissibility of evidence in criminal trials do not9011
apply to the presentation and consideration of information at the9012
hearing. Regardless of whether the hearing is being held on the9013
motion of the prosecuting attorney or on the court's own motion,9014
the state has the burden of proving that the proof is evident or9015
the presumption great that the accused committed the offense with9016
which the accused is charged, of proving that the accused poses a9017
substantial risk of serious physical harm to any person or to the9018
community, and of proving that no release conditions will9019
reasonably assure the safety of that person and the community.9020

       The judge may reopen the hearing at any time before trial if9021
the judge finds that information exists that was not known to the9022
movant at the time of the hearing and that that information has a9023
material bearing on whether bail should be denied. If a municipal9024
court or county court enters an order denying bail, a judge of the9025
court of common pleas having jurisdiction over the case may9026
continue that order or may hold a hearing pursuant to this section9027
to determine whether to continue that order.9028

       (B) No accused person shall be denied bail pursuant to this9029
section unless the judge finds by clear and convincing evidence9030
that the proof is evident or the presumption great that the9031
accused committed the offense described in division (A) of this9032
section with which the accused is charged, finds by clear and9033
convincing evidence that the accused poses a substantial risk of9034
serious physical harm to any person or to the community, and finds9035
by clear and convincing evidence that no release conditions will9036
reasonably assure the safety of that person and the community.9037

       (C) The judge, in determining whether the accused person9038
described in division (A) of this section poses a substantial risk9039
of serious physical harm to any person or to the community and9040
whether there are conditions of release that will reasonably9041
assure the safety of that person and the community, shall consider9042
all available information regarding all of the following:9043

       (1) The nature and circumstances of the offense charged,9044
including whether the offense is an offense of violence or9045
involves alcohol or a drug of abuse;9046

       (2) The weight of the evidence against the accused;9047

       (3) The history and characteristics of the accused,9048
including, but not limited to, both of the following:9049

       (a) The character, physical and mental condition, family9050
ties, employment, financial resources, length of residence in the9051
community, community ties, past conduct, history relating to drug9052
or alcohol abuse, and criminal history of the accused;9053

       (b) Whether, at the time of the current alleged offense or9054
at the time of the arrest of the accused, the accused was on9055
probation, parole, post-release control, or other release pending9056
trial, sentencing, appeal, or completion of sentence for the9057
commission of an offense under the laws of this state, another9058
state, or the United States or under a municipal ordinance.9059

       (4) The nature and seriousness of the danger to any person9060
or the community that would be posed by the person's release.9061

       (D)(1) An order of the court of common pleas denying bail9062
pursuant to this section is a final appealable order. In an9063
appeal pursuant to division (D) of this section, the court of9064
appeals shall do all of the following:9065

       (a) Give the appeal priority on its calendar;9066

       (b) Liberally modify or dispense with formal requirements in9067
the interest of a speedy and just resolution of the appeal;9068

       (c) Decide the appeal expeditiously;9069

       (d) Promptly enter its judgment affirming or reversing the9070
order denying bail.9071

       (2) The pendency of an appeal under this section does not9072
deprive the court of common pleas of jurisdiction to conduct9073
further proceedings in the case or to further consider the order9074
denying bail in accordance with this section. If, during the9075
pendency of an appeal under division (D) of this section, the9076
court of common pleas sets aside or terminates the order denying9077
bail, the court of appeals shall dismiss the appeal.9078

       (E) As used in this section:9079

       (1) "Court day" has the same meaning as in section 5122.019080
of the Revised Code.9081

       (2) "Felony OMVIOVI offense" means a third degree felony9082
OMVIOVI offense and a fourth degree felony OMVIOVI offense.9083

       (3) "Fourth degree felony OMVIOVI offense" and "third9084
degree felony OMVIOVI offense" have the same meanings as in9085
section 2929.01 of the Revised Code.9086

       Sec. 2937.46. (A) The supreme court of Ohio may, in the9087
interest of uniformity of procedure in the various courts, and for9088
the purpose of promoting prompt and efficient disposition of cases9089
arising under the traffic laws of this state and related9090
ordinances, makesmay make uniform rules for practice and9091
procedure in courts inferior to the court of common pleas not9092
inconsistent with the provisions of Chapter 2937. of the Revised9093
Code, including, but not limited to:9094

       (A)(1) Separation of arraignment and trial of traffic and9095
other types of cases;9096

       (B)(2) Consolidation of cases for trial;9097

       (C)(3) Transfer of cases within the same county for the9098
purpose of trial;9099

       (D)(4) Designation of special referees for hearings or for9100
receiving pleas or bail at times when courts are not in session;9101

       (E)(5) Fixing of reasonable bonds, and disposition of cases9102
in which bonds have been forfeited.9103

       All of said(B)Except as otherwise specified in division (L)9104
of section 4511.19 of the Revised Code, all of the rules described9105
in division (A) of this section, when promulgated by the supreme9106
court, shall be fully binding on all courts inferior to the court9107
of common pleas and on the court of common pleas in relation to9108
felony violations of division (A) of section 4511.19 of the9109
Revised Code and shall effect a cancellation of any local court9110
rules inconsistent therewithwith the supreme court's rules.9111

       Sec. 2937.99.  (A) No person shall fail to appear as9112
required, after having been released pursuant to section 2937.299113
of the Revised Code. Whoever violates this section is guilty of9114
failure to appear and shall be punished as set forth in division9115
(B) or (C) of this section.9116

       (B) If the release was in connection with a charge of the9117
commission of a felony charge or pending appeal after conviction9118
of a felony, failure to appear is a felony of the fourth degree.9119

       (C) If the release was in connection with a charge of the9120
commission of a misdemeanor charge or for appearance as a witness,9121
failure to appear is a misdemeanor of the first degree.9122

       (D) This section does not apply to misdemeanors and related9123
ordinance offenses arising under Chapters 4501., 4503., 4505.,9124
4507., 4509., 4510., 4511., 4513., 4517., 4549., and 5577. of the9125
Revised Code, except that this section does apply to violations of9126
sections 4511.19, 4549.02, and 4549.021 of the Revised Code and9127
ordinance offenses related to sections 4511.19, 4549.02, and9128
4549.021 of the Revised Code.9129

       Sec. 2951.02.  (A)(1) In determining whether to suspend a9130
sentence of imprisonment imposed upon an offender for a9131
misdemeanor and place the offender on probation or whether to9132
otherwise suspend a sentence of imprisonment imposed upon an9133
offender for a misdemeanor pursuant to division (A) of section9134
2929.51 of the Revised Code, the court shall consider the risk9135
that the offender will commit another offense and the need for9136
protecting the public from the risk, the nature and circumstances9137
of the offense, and the history, character, and condition of the9138
offender.9139

       (2) An offender who has been convicted of or pleaded guilty9140
to a misdemeanor shall not be placed on probation and shall not9141
otherwise have the sentence of imprisonment imposed upon the9142
offender suspended pursuant to division (A) of section 2929.51 of9143
the Revised Code if either of the following applies:9144

       (a) The offender is a repeat or dangerous offender.9145

       (b) The misdemeanor offense involved was not a violation of9146
section 2923.12 of the Revised Code and was committed while the9147
offender was armed with a firearm or dangerous ordnance.9148

       (B) The following do not control the court's discretion but9149
the court shall consider them in favor of placing an offender who9150
has been convicted of or pleaded guilty to a misdemeanor on9151
probation or in favor of otherwise suspending the offender's9152
sentence of imprisonment pursuant to division (A) of section9153
2929.51 of the Revised Code:9154

       (1) The offense neither caused nor threatened serious harm9155
to persons or property, or the offender did not contemplate that9156
it would do so.9157

       (2) The offense was the result of circumstances unlikely to9158
recur.9159

       (3) The victim of the offense induced or facilitated it.9160

       (4) There are substantial grounds tending to excuse or9161
justify the offense, though failing to establish a defense.9162

       (5) The offender acted under strong provocation.9163

       (6) The offender has no history of prior delinquency or9164
criminal activity, or has led a law-abiding life for a substantial9165
period before commission of the present offense.9166

       (7) The offender is likely to respond affirmatively to9167
probationary or other court-imposed treatment.9168

       (8) The character and attitudes of the offender indicate9169
that the offender is unlikely to commit another offense.9170

       (9) The offender has made or will make restitution or9171
reparation to the victim of the offender's offense for the injury,9172
damage, or loss sustained.9173

       (10) Imprisonment of the offender will entail undue hardship9174
to the offender or the offender's dependents.9175

       (C)(1) When an offender who has been convicted of or pleaded9176
guilty to a misdemeanor is placed on probation or the sentence of9177
that type of offender otherwise is suspended pursuant to division9178
(A) of section 2929.51 of the Revised Code, the probation or other9179
suspension shall be at least on condition that, during the period9180
of probation or other suspension, the offender shall abide by the9181
law and shall not leave the state without the permission of the9182
court or the offender's probation officer. In the interests of9183
doing justice, rehabilitating the offender, and ensuring the9184
offender's good behavior, the court may impose additional9185
requirements on the offender. Compliance with the additional9186
requirements imposed under this division also shall be a condition9187
of the offender's probation or other suspension. The additional9188
requirements so imposed may include, but shall not be limited to,9189
any of the following:9190

       (a) A requirement that the offender make restitution9191
pursuant to section 2929.21 of the Revised Code for all or part of9192
the property damage that is caused by the offender's offense and9193
for all or part of the value of the property that is the subject9194
of any theft offense that the offender committed;9195

       (b) If the offense is a violation of section 2919.25 or a9196
violation of section 2903.13 of the Revised Code involving a9197
person who was a family or household member at the time of the9198
violation, if the offender committed the offense in the vicinity9199
of one or more children who are not victims of the offense, and if9200
the offender or the victim of the offense is a parent, guardian,9201
custodian, or person in loco parentis of one or more of those9202
children, a requirement that the offender obtain counseling. This9203
division does not limit the court in imposing a requirement that9204
the offender obtain counseling for any offense or in any9205
circumstance not specified in this division.9206

       (c) A requirement that the offender not ingest or be9207
injected with a drug of abuse and submit to random drug testing9208
and requiring that the results of the drug test indicate that the9209
offender did not ingest or was not injected with a drug of abuse.9210
If the court requires the offender to submit to random drug9211
testing under division (C)(1)(c) of this section, the county9212
department of probation, the multicounty department of probation,9213
or the adult parole authority, as appropriate, that has general9214
control and supervision of offenders who are on probation or other9215
suspension or are under a nonresidential sanction, shall cause the9216
offender to submit to random drug testing pursuant to section9217
2951.05 of the Revised Code.9218

       (2) During the period of a misdemeanor offender's probation9219
or other suspension or during the period of a felon's9220
nonresidential sanction, authorized probation officers who are9221
engaged within the scope of their supervisory duties or9222
responsibilities may search, with or without a warrant, the person9223
of the offender, the place of residence of the offender, and a9224
motor vehicle, another item of tangible or intangible personal9225
property, or other real property in which the offender has a9226
right, title, or interest or for which the offender has the9227
express or implied permission of a person with a right, title, or9228
interest to use, occupy, or possess if the probation officers have9229
reasonable grounds to believe that the offender is not abiding by9230
the law or otherwise is not complying with the conditions of the9231
offender's probation or other suspension or the conditions of the9232
offender's nonresidential sanction. If a felon who is sentenced9233
to a nonresidential sanction is under the general control and9234
supervision of the adult parole authority, as described in9235
division (A)(2)(a) of section 2929.15 of the Revised Code, adult9236
parole authority field officers with supervisory responsibilities9237
over the felon shall have the same search authority relative to9238
the felon during the period of the sanction as is described under9239
this division for probation officers. The court that places the9240
offender on probation or suspends the misdemeanor offender's9241
sentence of imprisonment pursuant to division (D)(2) or (4) of9242
section 2929.51 of the Revised Code or that sentences the felon to9243
a nonresidential sanction pursuant to section 2929.17 of the9244
Revised Code shall provide the offender with a written notice that9245
informs the offender that authorized probation officers or adult9246
parole authority field officers with supervisory responsibilities9247
over the offender who are engaged within the scope of their9248
supervisory duties or responsibilities may conduct those types of9249
searches during the period of probation or other suspension or9250
during the period of the nonresidential sanction if they have9251
reasonable grounds to believe that the offender is not abiding by9252
the law or otherwise is not complying with the conditions of the9253
offender's probation or other suspension or the conditions of the9254
offender's nonresidential sanction.9255

       (D) The following do not control the court's discretion but9256
the court shall consider them against placing an offender who has9257
been convicted of or pleaded guilty to a misdemeanor on probation9258
and against otherwise suspending the offender's sentence of9259
imprisonment pursuant to division (A) of section 2929.51 of the9260
Revised Code:9261

       (1) The offender recently violated the conditions of pardon,9262
post-release control pursuant to section 2967.28 of the Revised9263
Code, or a probation or suspension pursuant to division (A) of9264
section 2929.51 of the Revised Code, previously granted the9265
offender.9266

       (2) There is a substantial risk that, while at liberty9267
during the period of probation or other suspension, the offender9268
will commit another offense.9269

       (3) The offender is in need of correctional or9270
rehabilitative treatment that can be provided best by the9271
offender's commitment to a locally governed and operated9272
residential facility.9273

       (4) Regardless of whether the offender knew the age of the9274
victim, the victim of the offense was sixty-five years of age or9275
older or permanently and totally disabled at the time of the9276
commission of the offense.9277

       (E) The criteria listed in divisions (B) and (D) of this9278
section shall not be construed to limit the matters that may be9279
considered in determining whether to suspend sentence of9280
imprisonment and place an offender who has been convicted of or9281
pleaded guilty to a misdemeanor on probation or whether to9282
otherwise suspend the offender's sentence of imprisonment pursuant9283
to division (A) of section 2929.51 of the Revised Code.9284

       (F)(1) When an offender is convicted of or pleads guilty to9285
a misdemeanor, the court may require the offender, as a condition9286
of probation or as a condition of otherwise suspending the9287
offender's sentence pursuant to division (A) of section 2929.51 of9288
the Revised Code, in addition to the conditions of probation or9289
other suspension imposed pursuant to division (C) of this section,9290
to perform supervised community service work under the authority9291
of health districts, park districts, counties, municipal9292
corporations, townships, other political subdivisions of the9293
state, or agencies of the state or any of its political9294
subdivisions, or under the authority of charitable organizations9295
that render services to the community or its citizens, in9296
accordance with this division. Supervised community service work9297
shall not be required as a condition of probation or other9298
suspension under this division unless the offender agrees to9299
perform the work offered as a condition of probation or other9300
suspension by the court. The court may require an offender who9301
agrees to perform the work to pay to it a reasonable fee to cover9302
the costs of the offender's participation in the work, including,9303
but not limited to, the costs of procuring a policy or policies of9304
liability insurance to cover the period during which the offender9305
will perform the work.9306

       A court may permit any offender convicted of a misdemeanor to9307
satisfy the payment of a fine imposed for the offense by9308
performing supervised community service work as described in this9309
division if the offender requests an opportunity to satisfy the9310
payment by this means and if the court determines the offender is9311
financially unable to pay the fine.9312

       The supervised community service work that may be imposed9313
under this division shall be subject to the following limitations:9314

       (a) The court shall fix the period of the work and, if9315
necessary, shall distribute it over weekends or over other9316
appropriate times that will allow the offender to continue at the9317
offender's occupation or to care for the offender's family. The9318
period of the work as fixed by the court shall not exceed an9319
aggregate of two hundred hours.9320

       (b) An agency, political subdivision, or charitable9321
organization must agree to accept the offender for the work before9322
the court requires the offender to perform the work for the9323
entity. A court shall not require an offender to perform9324
supervised community service work for an agency, political9325
subdivision, or charitable organization at a location that is an9326
unreasonable distance from the offender's residence or domicile,9327
unless the offender is provided with transportation to the9328
location where the work is to be performed.9329

       (c) A court may enter into an agreement with a county9330
department of job and family services for the management,9331
placement, and supervision of offenders eligible for community9332
service work in work activities, developmental activities, and9333
alternative work activities under sections 5107.40 to 5107.69 of9334
the Revised Code. If a court and a county department of job and9335
family services have entered into an agreement of that nature, the9336
clerk of that court is authorized to pay directly to the county9337
department all or a portion of the fees collected by the court9338
pursuant to this division in accordance with the terms of its9339
agreement.9340

       (d) Community service work that a court requires under this9341
division shall be supervised by an official of the agency,9342
political subdivision, or charitable organization for which the9343
work is performed or by a person designated by the agency,9344
political subdivision, or charitable organization. The official9345
or designated person shall be qualified for the supervision by9346
education, training, or experience, and periodically shall report,9347
in writing, to the court and to the offender's probation officer9348
concerning the conduct of the offender in performing the work.9349

       (2) When an offender is convicted of a felony, the court may9350
impose pursuant to sections 2929.15 and 2929.17 of the Revised9351
Code a sanction that requires the offender to perform supervised9352
community service work in accordance with this division and under9353
the authority of any agency, political subdivision, or charitable9354
organization as described in division (F)(1) of this section. The9355
court may require an offender who is ordered to perform the work9356
to pay to it a reasonable fee to cover the costs of the offender's9357
participation in the work, including, but not limited to, the9358
costs of procuring a policy or policies of liability insurance to9359
cover the period during which the offender will perform the work.9360

       A court may permit an offender convicted of a felony to9361
satisfy the payment of a fine imposed for the offense pursuant to9362
section 2929.18 of the Revised Code by performing supervised9363
community service work as described in this division if the court9364
determines that the offender is financially unable to pay the9365
fine.9366

       The supervised community service work that may be imposed9367
under this division shall be subject to the limitations specified9368
in divisions (F)(1)(a) to (d) of this section, except that the9369
court is not required to obtain the agreement of the offender to9370
impose supervised community work as a sanction. Additionally, the9371
total of any period of supervised community service work imposed9372
on an offender under this division plus the period of all other9373
sanctions imposed pursuant to sections 2929.15, 2929.16, 2929.17,9374
and 2929.18 of the Revised Code shall not exceed five years.9375

       (G)(1) When an offender is convicted of a violation of9376
section 4511.19 of the Revised Code, a municipal ordinance9377
relating to operating a vehicle while under the influence of9378
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a9379
municipal ordinance relating to operating a vehicle with a9380
prohibited concentration of alcohol in the blood, breath, or9381
urine, the court may require, as a condition of probation in9382
addition to the required conditions of probation and the9383
discretionary conditions of probation that may be imposed pursuant9384
to division (C) of this section, any suspension or revocation of a9385
driver's or commercial driver's license or permit or nonresident9386
operating privilege, and all other penalties provided by law or by9387
ordinance, that the offender operate only a motor vehicle equipped9388
with an ignition interlock device that is certified pursuant to9389
section 4511.834510.43 of the Revised Code.9390

       (2) When a court requires an offender, as a condition of9391
probation pursuant to division (G)(1) of this section, to operate9392
only a motor vehicle equipped with an ignition interlock device9393
that is certified pursuant to section 4511.834510.43 of the9394
Revised Code, the offender immediately shall surrender the9395
offender's driver's or commercial driver's license or permit to9396
the court. Upon the receipt of the offender's license or permit,9397
the court shall issue an order authorizing the offender to operate9398
a motor vehicle equipped with a certified ignition interlock9399
device, deliver the offender's license or permit to the bureau of9400
motor vehicles, and include in the abstract of the case forwarded9401
to the bureau pursuant to section 4507.0214510.036 of the Revised9402
Code the conditions of probation imposed pursuant to division9403
(G)(1) of this section. The court shall give the offender a copy9404
of its order, and that copy shall be used by the offender in lieu9405
of a driver's or commercial driver's license or permit until the9406
bureau issues a restricted license to the offender.9407

       (3) Upon receipt of an offender's driver's or commercial9408
driver's license or permit pursuant to division (G)(2) of this9409
section, the bureau of motor vehicles shall issue a restricted9410
license to the offender. The restricted license shall be9411
identical to the surrendered license, except that it shall have9412
printed on its face a statement that the offender is prohibited9413
from operating a motor vehicle that is not equipped with an9414
ignition interlock device that is certified pursuant to section9415
4511.834510.43 of the Revised Code. The bureau shall deliver the9416
offender's surrendered license or permit to the court upon receipt9417
of a court order requiring it to do so, or reissue the offender's9418
license or permit under section 4507.544510.52 of the Revised9419
Code if the registrar destroyed the offender's license or permit9420
under that section. The offender shall surrender the restricted9421
license to the court upon receipt of the offender's surrendered9422
license or permit.9423

       (4) If an offender violates a requirement of the court9424
imposed under division (G)(1) of this section, the court may9425
impose a class seven suspension of the offender's driver's or9426
commercial driver's license or permit or nonresident operating9427
privilege may be suspended as provided infrom the range specified9428
in division (A)(7) of section 4507.164510.02 of the Revised Code.9429
On a second or subsequent violation, the court may impose a class9430
four suspension of the offender's driver's or commercial driver's9431
license or permit or nonresident operating privilege from the9432
range specified in division (A)(4) of section 4510.02 of the9433
Revised Code.9434

       (H) As used in this section:9435

       (1) "Repeat offender" and "dangerous offender" have the same9436
meanings as in section 2935.36 of the Revised Code.9437

       (2) "Firearm" and "dangerous ordnance" have the same9438
meanings as in section 2923.11 of the Revised Code.9439

       (3) "Theft offense" has the same meaning as in section9440
2913.01 of the Revised Code.9441

       (4) "Random drug testing" has the same meaning as in section9442
5120.63 of the Revised Code.9443

       (5) "Ignition interlock device" has the same meaning as in9444
section 4511.834510.01 of the Revised Code.9445

       Sec. 2953.31.  As used in sections 2953.31 to 2953.36 of the9446
Revised Code:9447

       (A) "First offender" means anyone who has been convicted of9448
an offense in this state or any other jurisdiction and who9449
previously or subsequently has not been convicted of the same or a9450
different offense in this state or any other jurisdiction. When9451
two or more convictions result from or are connected with the same9452
act or result from offenses committed at the same time, they shall9453
be counted as one conviction. When two or three convictions9454
result from the same indictment, information, or complaint, from9455
the same plea of guilty, or from the same official proceeding, and9456
result from related criminal acts that were committed within a9457
three-month period but do not result from the same act or from9458
offenses committed at the same time, they shall be counted as one9459
conviction, provided that a court may decide as provided in9460
division (C)(1)(a) of section 2953.32 of the Revised Code that it9461
is not in the public interest for the two or three convictions to9462
be counted as one conviction.9463

       For purposes of, and except as otherwise provided in, this9464
division, a conviction for a minor misdemeanor, a conviction for a9465
violation of any section in Chapter 4507.,4510., 4511., 4513., or9466
4549. of the Revised Code, or a conviction for a violation of a9467
municipal ordinance that is substantially similar to any section9468
in those chapters is not a previous or subsequent conviction. A9469
However, a conviction for a violation of section 4511.19,9470
4511.192, 4511.251, 4549.02, 4549.021, 4549.03, 4549.042, or9471
4549.074549.62 or sections 4549.41 to 4549.46 of the Revised9472
Code, or a convictionfor a violation of section 4510.11 or9473
4510.14 of the Revised Code that is based upon the offender's9474
operation of a vehicle during a suspension imposed under section9475
4511.191 or 4511.196 of the Revised Code, for a violation of a9476
substantially equivalent municipal ordinance that is substantially9477
similar to any of those sections, for a felony violation of Title9478
XLV of the Revised Code, or for a violation of a substantially9479
equivalent former law of this state or former municipal ordinance9480
shall be considered a previous or subsequent conviction.9481

       (B) "Prosecutor" means the county prosecuting attorney, city9482
director of law, village solicitor, or similar chief legal9483
officer, who has the authority to prosecute a criminal case in the9484
court in which the case is filed.9485

       (C) "Bail forfeiture" means the forfeiture of bail by a9486
defendant who is arrested for the commission of a misdemeanor,9487
other than a defendant in a traffic case as defined in Traffic9488
Rule 2, if the forfeiture is pursuant to an agreement with the9489
court and prosecutor in the case.9490

       (D) "Official records" has the same meaning as in division9491
(D) of section 2953.51 of the Revised Code.9492

       (E) "Official proceeding" has the same meaning as in section9493
2921.01 of the Revised Code.9494

       Sec. 2953.36.  Sections 2953.31 to 2953.35 of the Revised9495
Code do not apply to any of the following:9496

       (A) Convictions when the offender is subject to a mandatory9497
prison term;9498

       (B) Convictions under section 2907.02, 2907.03, 2907.04,9499
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section9500
2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised9501
Code, or a conviction for a violation of a municipal ordinance9502
that is substantially similar to any section contained in any of9503
those chapters;9504

       (C) convictions of an offense of violence when the offense9505
is a misdemeanor of the first degree or a felony and when the9506
offense is not a violation of section 2917.03 of the Revised Code9507
and is not a violation of section 2903.13, 2917.01 or 2917.31 of9508
the Revised Code that is a misdemeanor of the first degree;9509

       (D) Convictions of an offense in circumstances in which the9510
victim of the offense was under eighteen years of age when the9511
offense is a misdemeanor of the first degree or a felony;9512

       (E) Convictions of a felony of the first or second degree;9513

       (F) Bail forfeitures in a traffic case as defined in Traffic9514
Rule 2.9515

       Sec. 3123.55.  Notice shall be sent to the individual9516
described in section 3123.54 of the Revised Code in compliance9517
with section 3121.23 of the Revised Code. The notice shall9518
specify that a court or agency has determined the individual to be9519
in default under a child support order or that the individual is9520
an obligor under a child support order who has failed to comply9521
with a subpoena or warrant issued by a court or agency with9522
respect to a proceeding to enforce a child support order, that a9523
notice containing the individual's name and social security number9524
or other identification number may be sent to the registrar of9525
motor vehicles, and that, if the registrar receives that notice9526
and determines that the individual is the individual named in that9527
notice and the registrar has not received notice under section9528
3123.56 or 3123.57 of the Revised Code, all of the following will9529
occur:9530

       (A) The registrar and all deputy registrars will be9531
prohibited from issuing to the individual a driver's or commercial9532
driver's license, motorcycle operator's license or endorsement, or9533
temporary instruction permit or commercial driver's temporary9534
instruction permit.9535

       (B) The registrar and all deputy registrars will be9536
prohibited from renewing for the individual a driver's or9537
commercial driver's license, motorcycle operator's license or9538
endorsement, or commercial driver's temporary instruction permit.9539

       (C) If the individual holds a driver's or commercial9540
driver's license, motorcycle operator's license or endorsement, or9541
temporary instruction permit or commercial driver's temporary9542
instruction permit, itthe registrar will be suspendedimpose a9543
class F suspension under division (B)(6) of section 4510.02 of the9544
Revised Code if the registrar determines that the individual is9545
the individual named in the notice sent pursuant to section9546
3123.54 of the Revised Code.9547

       (D) If the individual is the individual named in the notice,9548
the individual will not be issued or have renewed any license,9549
endorsement, or permit, and no suspension will be lifted with9550
respect to any license, endorsement, or permit listed in this9551
section until the registrar receives a notice under section9552
3123.56 or 3123.57 of the Revised Code.9553

       Sec. 3123.58. (A) On receipt of a notice pursuant to9554
section 3123.54 of the Revised Code, the registrar of motor9555
vehicles shall determine whether the individual named in the9556
notice holds or has applied for a driver's license or commercial9557
driver's license, motorcycle operator's license or endorsement, or9558
temporary instruction permit or commercial driver's temporary9559
instruction permit. If the registrar determines that the9560
individual holds or has applied for a license, permit, or9561
endorsement and the individual is the individual named in the9562
notice and does not receive a notice pursuant to section 3123.569563
or 3123.57 of the Revised Code, the registrar immediately shall9564
provide notice of the determination to each deputy registrar. The9565
registrar or a deputy registrar may not issue to the individual a9566
driver's or commercial driver's license, motorcycle operator's9567
license or endorsement, or temporary instruction permit or9568
commercial driver's temporary instruction permit and may not renew9569
for the individual a driver's or commercial driver's license,9570
motorcycle operator's license or endorsement, or commercial9571
driver's temporary instruction permit. The registrar or a deputy9572
registrar also shall suspendimpose a class F suspension of the9573
license, permit, or endorsement held by the individual under9574
division (B)(6) of section 4510.02 of the Revised Code.9575

       (B) Prior to the date specified in section 3123.52 of the9576
Revised Code, the registrar of motor vehicles or a deputy9577
registrar shall do only the following with respect to an9578
individual if the registrar makes the determination required under9579
division (A) of this section and no notice is received concerning9580
the individual under section 3123.56 or 3123.57 of the Revised9581
Code:9582

       (1) Refuse to issue or renew the individual's commercial9583
driver's license or commercial driver's temporary instruction9584
permit;9585

       (2) Impose a class F suspension under division (B)(6) of9586
section 4510.02 of the Revised Code on the individual with respect9587
to the license or permit held by the individual.9588


       Sec. 3123.59.  Not later than seven days after receipt of a9590
notice pursuant to section 3123.56 or 3123.57 of the Revised Code,9591
the registrar of motor vehicles shall notify each deputy registrar9592
of the notice. The registrar and each deputy registrar shall9593
then, if the individual otherwise is eligible for the license,9594
permit, or endorsement and wants the license, permit, or9595
endorsement, issue a license, permit, or endorsement to, or renew9596
a license, permit, or endorsement of, the individual, or, if the9597
registrar imposed a class F suspension of the individual's9598
license, permit, or endorsement was suspended pursuant to division9599
(A) of section 3123.58 of the Revised Code, remove the suspension.9600
On and after the date specified in section 3123.52 of the Revised9601
Code, the registrar or a deputy registrar shall remove, after9602
receipt of a notice under section 3123.56 or 3123.57 of the9603
Revised Code, a disqualificationclass F suspension imposed on an9604
individual with respect to a commercial driver's license or9605
commercial driver's temporary instruction permit pursuant to9606
division (B) of section 3123.6113123.58 of the Revised Code. The9607
registrar or a deputy registrar may charge a fee of not more than9608
twenty-five dollars for issuing or renewing or removing the9609
suspension of a license, permit, or for removing a9610
disqualificationendorsement pursuant to this section. The fees9611
collected by the registrar pursuant to this section shall be paid9612
into the state bureau of motor vehicles fund established in9613
section 4501.25 of the Revised Code.9614

       Sec. 3123.613.  Prior to the date specified in section9615
3123.52 of the Revised Code, instead of the notice provisions9616
described in divisions (A), (B), (C), and (D) of section 3123.559617
of the Revised Code, the notice shall specify that all of the9618
following will occur:9619

       (A) The registrar of motor vehicles and all deputy9620
registrars will be prohibited from issuing to, or renewing for,9621
the individual a commercial driver's license or commercial9622
driver's temporary instruction permit.9623

       (B) If the individual holds a commercial driver's license or9624
commercial driver's temporary instruction permit, the registrar9625
will impose a disqualification as defined inclass F suspension9626
under division (B)(6) of section 4506.014510.02 of the Revised9627
Code with respect to the license or permit if the registrar9628
determines that the individual is the individual named in the9629
notice sent pursuant to section 3123.54 of the Revised Code.9630

       (C) If the individual is the individual named in the notice,9631
the individual will not be issued, and the disqualification will9632
not be removed with respect to, any license or permit listed in9633
this section until the registrar receives a notice under section9634
3123.56 or 3123.57 of the Revised Code.9635

       Sec. 3123.614.  Notwithstanding section 119.06 of the Revised9636
Code and prior to the date specified in section 3123.52 of the9637
Revised Code, the registrar of motor vehicles shall not hold any9638
hearing in connection with an order refusing to issue or renew, or9639
imposing a disqualificationsuspension with respect to, the9640
commercial driver's license or commercial driver's temporary9641
instruction permit of an individual pursuant to division (B) of9642
section 3123.6113123.58 of the Revised Code.9643

       Sec. 3327.10.  (A) No person shall be employed as driver of9644
a school bus or motor van, owned and operated by any school9645
district or educational service center or privately owned and9646
operated under contract with any school district or service center9647
in this state, who has not received a certificate from the9648
educational service center governing board in case such person is9649
employed by a service center or by a local school district under9650
the supervision of the service center governing board, or by the9651
superintendent of schools, in case such person is employed by the9652
board of a city or exempted village school district, certifying9653
that such person is at least eighteen years of age and is of good9654
moral character and is qualified physically and otherwise for such9655
position. The service center governing board or the9656
superintendent, as the case may be, shall provide for an annual9657
physical examination that conforms with rules adopted by the state9658
board of education of each driver to ascertain the driver's9659
physical fitness for such employment. Any certificate may be9660
revoked by the authority granting the same on proof that the9661
holder has been guilty of failing to comply with division (D)(1)9662
of this section, or upon a conviction or a guilty plea for a9663
violation, or any other action, that results in a loss or9664
suspension of driving rights. Failure to comply with such9665
division may be cause for disciplinary action or termination of9666
employment under division (C) of section 3319.081, or section9667
124.34 of the Revised Code.9668

       (B) No person shall be employed as driver of a school bus or9669
motor van not subject to the rules of the department of education9670
pursuant to division (A) of this section who has not received a9671
certificate from the school administrator or contractor certifying9672
that such person is at least eighteen years of age, is of good9673
moral character, and is qualified physically and otherwise for9674
such position. Each driver shall have an annual physical9675
examination which conforms to the state highway patrol rules,9676
ascertaining the driver's physical fitness for such employment. 9677
The examination shall be performed by one of the following:9678

       (1) A person licensed under Chapter 4731. of the Revised Code9679
or by another state to practice medicine and surgery or9680
osteopathic medicine and surgery;9681

       (2) A registered nurse who holds a certificate of authority9682
issued under Chapter 4723. of the Revised Code to practice as a9683
certified nurse practitioner or clinical nurse specialist and is9684
practicing pursuant to a standard care arrangement with a9685
collaborating physician.9686

       Any certificate may be revoked by the authority granting the9687
same on proof that the holder has been guilty of failing to comply9688
with division (D)(2) of this section.9689

       (C) Any person who drives a school bus or motor van must9690
give satisfactory and sufficient bond except a driver who is an9691
employee of a school district and who drives a bus or motor van9692
owned by the school district.9693

       (D) No person employed as driver of a school bus or motor9694
van under this section who is convicted of a traffic violation or9695
who has had the person's commercial driver's license suspended or9696
revoked shall drive a school bus or motor van until suchthe9697
person has filed a written notice of suchthe conviction,or9698
suspension, or revocation as follows:9699

       (1) If the person is employed under division (A) of this9700
section, suchthe person shall file the notice shall be filed with9701
the superintendent, or a person designated by the superintendent,9702
of the school district for which suchthe person drives a school9703
bus or motor van as an employee or drives a privately owned and9704
operated school bus or motor van under contract.9705

       (2) If employed under division (B) of this section, suchthe9706
person shall file the notice shall be filed with the employing9707
school administrator or contractor, or a person designated by the9708
administrator or contractor.9709

       (E) In addition to resulting in possible revocation of a9710
certificate as authorized by divisions (A) and (B) of this9711
section, violation of division (D) of this section is a minor9712
misdemeanor.9713

       Sec. 3793.02.  (A) The department of alcohol and drug9714
addiction services shall promote, assist in developing, and9715
coordinate or conduct programs of education and research for the9716
prevention of alcohol and drug addiction and for the treatment,9717
including intervention, of alcoholics and persons who abuse drugs9718
of abuse, including anabolic steroids. Programs established by9719
the department shall include abstinence-based prevention and9720
treatment programs.9721

       (B) In addition to the other duties prescribed by this9722
chapter, the department shall do all of the following:9723

       (1) Promote and coordinate efforts in the provision of9724
alcohol and drug addiction services by other state agencies, as9725
defined in section 1.60 of the Revised Code; courts; hospitals;9726
clinics; physicians in private practice; public health9727
authorities; boards of alcohol, drug addiction, and mental health9728
services; alcohol and drug addiction programs; law enforcement9729
agencies; and related groups;9730

       (2) Provide for education and training in prevention,9731
diagnosis, treatment, and control of alcohol and drug addiction9732
for medical students, physicians, nurses, social workers,9733
professional counselors, psychologists, and other persons who9734
provide alcohol and drug addiction services;9735

       (3) Provide training and consultation for persons who9736
supervise alcohol and drug addiction programs and facilities;9737

       (4) Develop measures for evaluating the effectiveness of9738
alcohol and drug addiction services, including services that use9739
methadone treatment, and for increasing the accountability of9740
alcohol and drug addiction programs;9741

       (5) Provide to each court of record, and biennially update,9742
a list of the treatment and education programs within that court's9743
jurisdiction that the court may require an offender, sentenced9744
pursuant to division (A) of section 4511.994511.19 of the Revised9745
Code, to attend;9746

       (6) Print and distribute the warning sign described in9747
sections 3313.752, 3345.41, and 3707.50 of the Revised Code.9748

       (C) The department may accept and administer grants from9749
public or private sources for carrying out any of the duties9750
enumerated in this section.9751

       (D) Pursuant to Chapter 119. of the Revised Code, the9752
department shall adopt a rule defining the term "intervention" as9753
it is used in this chapter in connection with alcohol and drug9754
addiction services. The department may adopt other rules as9755
necessary to implement the requirements of this chapter.9756

       Sec. 3793.10.  A drivers' intervention program may be used as9757
an alternative to a term of imprisonment for an offender sentenced9758
pursuant to division (A)(1)(G)(1)(a) of section 4511.994511.19 of9759
the Revised Code, if it is certified by the director of alcohol9760
and drug addiction services pursuant to this section. No drivers'9761
intervention program shall be used as an alternative to a term of9762
imprisonment that is imposed pursuant to division (A)(2), (3),9763
(4), (6), (7)(G)(1)(b), (c), (d), or (8)(e) of section 4511.999764
4511.19 of the Revised Code.9765

       To qualify for certification by the director and to receive9766
funds from the statewide treatment and prevention fund created by9767
section 4301.30 of the Revised Code in any amounts and at any9768
times that the director determines are appropriate, a drivers'9769
intervention program shall meet state minimum standards that the9770
director shall establish by rule. The rules shall include, but9771
are not limited to, standards governing program course hours and9772
content, qualifications of program personnel, methods of9773
identifying and testing participants to isolate participants with9774
alcohol and drug abuse problems, referral of such persons to9775
alcohol and drug addiction programs, the prompt notification of9776
courts by program operators of the completion of the programs by9777
persons required by courts to attend them, and record keeping,9778
including methods of tracking participants for a reasonable time9779
after they have left the program.9780

       The director shall issue a certificate to any qualified9781
drivers' intervention program. The certificate is valid for three9782
years.9783

       Sec. 3937.31.  (A) Every automobile insurance policy shall9784
be issued for a period of not less than two years or guaranteed9785
renewable for successive policy periods totaling not less than two9786
years. Where renewal is mandatory, "cancellation," as used in9787
sections 3937.30 to 3937.39 of the Revised Code, includes refusal9788
to renew a policy with at least the coverages, included insureds,9789
and policy limits provided at the end of the next preceding policy9790
period. No insurer may cancel any such policy except pursuant to9791
the terms of the policy, and in accordance with sections 3937.309792
to 3937.39 of the Revised Code, and for one or more of the9793
following reasons:9794

       (1) Misrepresentation by the insured to the insurer of any9795
material fact in the procurement or renewal of the insurance or in9796
the submission of claims thereunder;9797

       (2) Loss of driving privileges through suspension,9798
revocation, or expiration of the driver's or commercial driver's9799
license of the named insured or any member of the named insured's9800
family covered as a driver; provided that the insurer shall9801
continue the policy in effect but exclude by endorsement all9802
coverage as to the person whose driver's license has been9803
suspended or revoked or has expired, if the person is other than9804
the named insured or the principal operator;9805

       (3) Nonpayment of premium, which means failure of the named9806
insured to discharge when due any of the named insured's9807
obligations in connection with the payment of premiums on a9808
policy, or any installment of such premiums, whether the premium9809
is payable directly to the insurer or its agent or indirectly9810
under any premium finance plan or extension of credit;9811

       (4) The place of residence of the insured or the state of9812
registration or license of the insured automobile is changed to a9813
state or country in which the insurer is not authorized to write9814
automobile coverage.9815

       This section does not apply in the case of a cancellation if9816
the insurer has indicated its willingness to issue a new policy9817
within the same insurer or within another insurer under the same9818
ownership or management as that of the insurer that has issued the9819
cancellation.9820

       (B) Sections 3937.30 to 3937.39 of the Revised Code do not9821
prohibit:9822

       (1) Changes in coverage or policy limits, cancellation, or9823
nonrenewal for any reason at the request or with the consent of9824
the insured;9825

       (2) Lawful surcharges, adjustments, or other changes in9826
premium;9827

       (3) Policy modification to all policies issued to a9828
classification of risk which do not effect a withdrawal or9829
reduction in the initial coverage or policy limits;9830

       (4) An insurer's refusing for any reason to renew a policy9831
upon its expiration at the end of any mandatory period, provided9832
such nonrenewal complies with the procedure set forth in section9833
3937.34 of the Revised Code.9834

       (C) Sections 3937.30 to 3937.39 of the Revised Code do not9835
apply to any policy or coverage that has been in effect less than9836
ninety days at the time notice of cancellation is mailed by the9837
insurer, unless it is a renewal policy.9838

       (D) Renewal of a policy does not constitute a waiver or9839
estoppel with respect to grounds for cancellation that existed9840
before the effective date of such renewal.9841

       (E) Nothing in this section prohibits an insurer from9842
incorporating into a policy any changes that are permitted or9843
required by this section or other sections of the Revised Code at9844
the beginning of any policy period within the two-year period set9845
forth in division (A) of this section.9846

       Sec. 4301.99.  (A) Whoever violates section 4301.47,9847
4301.48, 4301.49, 4301.62, or 4301.70 or division (B) of section9848
4301.691 of the Revised Code is guilty of a minor misdemeanor.9849

       (B) Whoever violates section 4301.15, division (A)(2) or (D)9850
of section 4301.22, division (C), (D), (E), (F), (G), (H), or (I)9851
of section 4301.631, or section 4301.64 or 4301.67 of the Revised9852
Code is guilty of a misdemeanor of the fourth degree.9853

       If an offender who violates section 4301.64 of the Revised9854
Code was under the age of eighteen years at the time of the9855
offense, the court, in addition to any other penalties it imposes9856
upon the offender, shall suspend the offender's temporary9857
instruction permit, probationary driver's license, or driver's9858
license for a period of not less than six months and not more than9859
one year. If the offender is fifteen years and six months of age9860
or older and has not been issued a temporary instruction permit or9861
probationary driver's license, the offender shall not be eligible9862
to be issued such a license or permit for a period of six months.9863
If the offender has not attained the age of fifteen years and six9864
months, the offender shall not be eligible to be issued a9865
temporary instruction permit until the offender attains the age of9866
sixteen years.9867

       (C) Whoever violates division (D) of section 4301.21, or9868
section 4301.251, 4301.58, 4301.59, 4301.60, 4301.632, 4301.633,9869
4301.66, 4301.68, or 4301.74, division (B), (C), (D), (E), or (F)9870
of section 4301.69 of the Revised Code, or division (C), (D), (E),9871
(F), (G), or (I) of section 4301.691 of the Revised Code is guilty9872
of a misdemeanor of the first degree.9873

       If an offender who violates section 4301.632 of the Revised9874
Code was under the age of eighteen years at the time of the9875
offense and the offense occurred while the offender was the9876
operator of or a passenger in a motor vehicle, the court, in9877
addition to any other penalties it imposes upon the offender,9878
shall suspend the offender's temporary instruction permit or9879
probationary driver's license for a period of not less than six9880
months and not more than one year. If the offender is fifteen9881
years and six months of age or older and has not been issued a9882
temporary instruction permit or probationary driver's license, the9883
offender shall not be eligible to be issued such a license or9884
permit for a period of six months. If the offender has not9885
attained the age of fifteen years and six months, the offender9886
shall not be eligible to be issued a temporary instruction permit9887
until the offender attains the age of sixteen years.9888

       (D) Whoever violates division (B) of section 4301.14, or9889
division (A)(1) or (3), (B), or (C) of section 4301.22 of the9890
Revised Code is guilty of a misdemeanor of the third degree.9891

       (E) Whoever violates section 4301.63 or division (B) of9892
section 4301.631 of the Revised Code shall be fined not less than9893
twenty-five nor more than one hundred dollars. The court imposing9894
a fine for a violation of section 4301.63 or division (B) of9895
section 4301.631 of the Revised Code may order that the fine be9896
paid by the performance of public work at a reasonable hourly rate9897
established by the court. The court shall designate the time9898
within which the public work shall be completed.9899

       (F)(1) Whoever violates section 4301.634 of the Revised Code9900
is guilty of a misdemeanor of the first degree. If, in committing9901
a first violation of that section, the offender presented to the9902
permit holder or the permit holder's employee or agent a false,9903
fictitious, or altered identification card, a false or fictitious9904
driver's license purportedly issued by any state, or a driver's9905
license issued by any state that has been altered, the offender is9906
guilty of a misdemeanor of the first degree and shall be fined not9907
less than two hundred fifty and not more than one thousand9908
dollars, and may be sentenced to a term of imprisonment of not9909
more than six months.9910

       (2) On a second violation in which, for the second time, the9911
offender presented to the permit holder or the permit holder's9912
employee or agent a false, fictitious, or altered identification9913
card, a false or fictitious driver's license purportedly issued by9914
any state, or a driver's license issued by any state that has been9915
altered, the offender is guilty of a misdemeanor of the first9916
degree and shall be fined not less than five hundred nor more than9917
one thousand dollars, and may be sentenced to a term of9918
imprisonment of not more than six months. The court also may9919
suspendimpose a class seven suspension of the offender's driver's9920
or commercial driver's license or permit or nonresident operating9921
privilege or deny the offender the opportunity to be issued a9922
driver's or commercial driver's license for a period not exceeding9923
sixty daysfrom the range specified in division (A)(7) of section9924
4510.02 of the Revised Code.9925

       (3) On a third or subsequent violation in which, for the9926
third or subsequent time, the offender presented to the permit9927
holder or the permit holder's employee or agent a false,9928
fictitious, or altered identification card, a false or fictitious9929
driver's license purportedly issued by any state, or a driver's9930
license issued by any state that has been altered, the offender is9931
guilty of a misdemeanor of the first degree and shall be fined not9932
less than five hundred nor more than one thousand dollars, and may9933
be sentenced to a term of imprisonment of not more than six9934
months. The court also shall suspendimpose a class six9935
suspension of the offender's driver's or commercial driver's9936
license or permit or nonresident operating privilege or deny the9937
offender the opportunity to be issued a driver's or commercial9938
driver's license for a period of ninety daysfrom the range9939
specified in division (A)(6) of section 4510.02 of the Revised9940
Code, and the court may order that the suspension or denial remain9941
in effect until the offender attains the age of twenty-one years.9942
The court also may order the offender to perform a determinate9943
number of hours of community service, with the court determining9944
the actual number of hours and the nature of the community service9945
the offender shall perform.9946

       (G) Whoever violates section 4301.636 of the Revised Code is9947
guilty of a felony of the fifth degree.9948

       (H) Whoever violates division (A)(1) of section 4301.22 of9949
the Revised Code is guilty of a misdemeanor, shall be fined not9950
less than five hundred and not more than one thousand dollars,9951
and, in addition to the fine, may be imprisoned for a definite9952
term of not more than sixty days.9953

       (I) Whoever violates division (A) of section 4301.69 or9954
division (H) of section 4301.691 of the Revised Code is guilty of9955
a misdemeanor, shall be fined not less than five hundred and not9956
more than one thousand dollars, and, in addition to the fine, may9957
be imprisoned for a definite term of not more than six months.9958

       Sec. 4501.01.  As used in this chapter and Chapters 4503., 9959
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the 9960
Revised Code, and in the penal laws, except as otherwise 9961
provided:9962

       (A) "Vehicles" means everything on wheels or runners, 9963
including motorized bicycles, but does not mean vehicles that are 9964
operated exclusively on rails or tracks or from overhead electric 9965
trolley wires and vehicles that belong to any police department, 9966
municipal fire department, or volunteer fire department, or that 9967
are used by such a department in the discharge of its functions.9968

       (B) "Motor vehicle" means any vehicle, including mobile 9969
homes and recreational vehicles, that is propelled or drawn by 9970
power other than muscular power or power collected from overhead 9971
electric trolley wires. "Motor vehicle" does not include 9972
motorized bicycles, road rollers, traction engines, power9973
shovels, power cranes, and other equipment used in construction9974
work and not designed for or employed in general highway9975
transportation, well-drilling machinery, ditch-digging9976
machinery, farm machinery, trailers that are used to transport9977
agricultural produce or agricultural production materials9978
between a local place of storage or supply and the farm when9979
drawn or towed on a public road or highway at a speed of 9980
twenty-five miles per hour or less, threshing machinery, 9981
hay-baling machinery, corn sheller, hammermill and agricultural 9982
tractors, machinery used in the production of horticultural, 9983
agricultural, and vegetable products, and trailers that are9984
designed and used exclusively to transport a boat between a9985
place of storage and a marina, or in and around a marina, when9986
drawn or towed on a public road or highway for a distance of no9987
more than ten miles and at a speed of twenty-five miles per hour9988
or less.9989

       (C) "Agricultural tractor" and "traction engine" mean any 9990
self-propelling vehicle that is designed or used for drawing other 9991
vehicles or wheeled machinery, but has no provisions for carrying 9992
loads independently of such other vehicles, and that is used 9993
principally for agricultural purposes.9994

       (D) "Commercial tractor," except as defined in division (C) 9995
of this section, means any motor vehicle that has motive power 9996
and either is designed or used for drawing other motor vehicles,9997
or is designed or used for drawing another motor vehicle while9998
carrying a portion of the other motor vehicle or its load, or9999
both.10000

       (E) "Passenger car" means any motor vehicle that is designed 10001
and used for carrying not more than nine persons and includes any 10002
motor vehicle that is designed and used for carrying not more10003
than fifteen persons in a ridesharing arrangement.10004

       (F) "Collector's vehicle" means any motor vehicle or 10005
agricultural tractor or traction engine that is of special 10006
interest, that has a fair market value of one hundred dollars or 10007
more, whether operable or not, and that is owned, operated, 10008
collected, preserved, restored, maintained, or used essentially10009
as a collector's item, leisure pursuit, or investment, but not10010
as the owner's principal means of transportation. "Licensed10011
collector's vehicle" means a collector's vehicle, other than an10012
agricultural tractor or traction engine, that displays current,10013
valid license tags issued under section 4503.45 of the Revised10014
Code, or a similar type of motor vehicle that displays current,10015
valid license tags issued under substantially equivalent10016
provisions in the laws of other states.10017

       (G) "Historical motor vehicle" means any motor vehicle that 10018
is over twenty-five years old and is owned solely as a 10019
collector's item and for participation in club activities, 10020
exhibitions, tours, parades, and similar uses, but that in no10021
event is used for general transportation.10022

       (H) "Noncommercial motor vehicle" means any motor vehicle, 10023
including a farm truck as defined in section 4503.04 of the 10024
Revised Code, that is designed by the manufacturer to carry a load 10025
of no more than one ton and is used exclusively for purposes10026
other than engaging in business for profit.10027

       (I) "Bus" means any motor vehicle that has motor power and 10028
is designed and used for carrying more than nine passengers, 10029
except any motor vehicle that is designed and used for carrying 10030
not more than fifteen passengers in a ridesharing arrangement.10031

       (J) "Commercial car" or "truck" means any motor vehicle10032
that has motor power and is designed and used for carrying10033
merchandise or freight, or that is used as a commercial tractor.10034

       (K) "Bicycle" means every device, other than a tricycle 10035
that is designed solely for use as a play vehicle by a child,10036
that is propelled solely by human power upon which any person10037
may ride, and that has either two tandem wheels, or one wheel in10038
front and two wheels in the rear, any of which is more than10039
fourteen inches in diameter.10040

       (L) "Motorized bicycle" means any vehicle that either has 10041
two tandem wheels or one wheel in the front and two wheels in 10042
the rear, that is capable of being pedaled, and that is equipped10043
with a helper motor of not more than fifty cubic centimeters10044
piston displacement that produces no more than one brake10045
horsepower and is capable of propelling the vehicle at a speed of10046
no greater than twenty miles per hour on a level surface.10047

       (M) "Trailer" means any vehicle without motive power that10048
is designed or used for carrying property or persons wholly on10049
its own structure and for being drawn by a motor vehicle, and 10050
includes any such vehicle that is formed by or operated as a 10051
combination of a semitrailer and a vehicle of the dolly type such 10052
as that commonly known as a trailer dolly, a vehicle used to 10053
transport agricultural produce or agricultural production 10054
materials between a local place of storage or supply and the farm 10055
when drawn or towed on a public road or highway at a speed 10056
greater than twenty-five miles per hour, and a vehicle that is10057
designed and used exclusively to transport a boat between a10058
place of storage and a marina, or in and around a marina, when10059
drawn or towed on a public road or highway for a distance of10060
more than ten miles or at a speed of more than twenty-five miles10061
per hour. "Trailer" does not include a manufactured home or10062
travel trailer.10063

       (N) "Noncommercial trailer" means any trailer, except a 10064
travel trailer or trailer that is used to transport a boat as 10065
described in division (B) of this section, but, where applicable, 10066
includes a vehicle that is used to transport a boat as described 10067
in division (M) of this section, that has a gross weight of no 10068
more than three thousand pounds, and that is used exclusively for 10069
purposes other than engaging in business for a profit.10070

       (O) "Mobile home" means a building unit or assembly of 10071
closed construction that is fabricated in an off-site facility,10072
is more than thirty-five body feet in length or, when erected10073
on site, is three hundred twenty or more square feet, is built10074
on a permanent chassis, is transportable in one or more10075
sections, and does not qualify as a manufactured home as10076
defined in division (C)(4) of section 3781.06 of the Revised10077
Code or as an industrialized unit as defined in division (C)(3) 10078
of section 3781.06 of the Revised Code.10079

       (P) "Semitrailer" means any vehicle of the trailer type 10080
that does not have motive power and is so designed or used with10081
another and separate motor vehicle that in operation a part of10082
its own weight or that of its load, or both, rests upon and is10083
carried by the other vehicle furnishing the motive power for10084
propelling itself and the vehicle referred to in this division,10085
and includes, for the purpose only of registration and taxation10086
under those chapters, any vehicle of the dolly type, such as a10087
trailer dolly, that is designed or used for the conversion of a10088
semitrailer into a trailer.10089

       (Q) "Recreational vehicle" means a vehicular portable 10090
structure that meets all of the following conditions:10091

       (1) It is designed for the sole purpose of recreational 10092
travel.10093

       (2) It is not used for the purpose of engaging in business 10094
for profit.10095

       (3) It is not used for the purpose of engaging in intrastate 10096
commerce.10097

       (4) It is not used for the purpose of commerce as defined in 10098
49 C.F.R. 383.5, as amended.10099

       (5) It is not regulated by the public utilities commission 10100
pursuant to Chapter 4919., 4921., or 4923. of the Revised Code.10101

       (6) It is classed as one of the following:10102

       (a) "Travel trailer" means a nonself-propelled recreational 10103
vehicle that does not exceed an overall length of thirty-five 10104
feet, exclusive of bumper and tongue or coupling, and contains 10105
less than three hundred twenty square feet of space when erected 10106
on site. "Travel trailer" includes a tent-type fold-out camping 10107
trailer as defined in section 4517.01 of the Revised Code.10108

       (b) "Motor home" means a self-propelled recreational 10109
vehicle that has no fifth wheel and is constructed with10110
permanently installed facilities for cold storage, cooking and10111
consuming of food, and for sleeping.10112

       (c) "Truck camper" means a nonself-propelled recreational 10113
vehicle that does not have wheels for road use and is designed to 10114
be placed upon and attached to a motor vehicle. "Truck camper" 10115
does not include truck covers that consist of walls and a roof, 10116
but do not have floors and facilities enabling them to be used as 10117
a dwelling.10118

       (d) "Fifth wheel trailer" means a vehicle that is of such 10119
size and weight as to be movable without a special highway10120
permit, that has a gross trailer area of four hundred square10121
feet or less, that is constructed with a raised forward section10122
that allows a bi-level floor plan, and that is designed to be10123
towed by a vehicle equipped with a fifth-wheel hitch ordinarily10124
installed in the bed of a truck.10125

       (e) "Park trailer" means a vehicle that is commonly known as 10126
a park model recreational vehicle, meets the American national 10127
standard institute standard A119.5 (1988) for park trailers, is 10128
built on a single chassis, has a gross trailer area of four 10129
hundred square feet or less when set up, is designed for seasonal 10130
or temporary living quarters, and may be connected to utilities 10131
necessary for the operation of installed features and appliances.10132

       (R) "Pneumatic tires" means tires of rubber and fabric or 10133
tires of similar material, that are inflated with air.10134

       (S) "Solid tires" means tires of rubber or similar elastic 10135
material that are not dependent upon confined air for support of 10136
the load.10137

       (T) "Solid tire vehicle" means any vehicle that is equipped 10138
with two or more solid tires.10139

       (U) "Farm machinery" means all machines and tools that are 10140
used in the production, harvesting, and care of farm products,10141
and includes trailers that are used to transport agricultural10142
produce or agricultural production materials between a local10143
place of storage or supply and the farm when drawn or towed on a10144
public road or highway at a speed of twenty-five miles per hour10145
or less.10146

       (V) "Owner" includes any person or firm, other than a10147
manufacturer or dealer, that has title to a motor vehicle, 10148
except that, in sections 4505.01 to 4505.19 of the Revised Code, 10149
"owner" includes in addition manufacturers and dealers.10150

       (W) "Manufacturer" and "dealer" include all persons and 10151
firms that are regularly engaged in the business of 10152
manufacturing, selling, displaying, offering for sale, or dealing 10153
in motor vehicles, at an established place of business that is 10154
used exclusively for the purpose of manufacturing, selling, 10155
displaying, offering for sale, or dealing in motor vehicles. A 10156
place of business that is used for manufacturing, selling, 10157
displaying, offering for sale, or dealing in motor vehicles shall 10158
be deemed to be used exclusively for those purposes even though 10159
snowmobiles or all-purpose vehicles are sold or displayed for 10160
sale thereat, even though farm machinery is sold or displayed10161
for sale thereat, or even though repair, accessory, gasoline10162
and oil, storage, parts, service, or paint departments are10163
maintained thereat, or, in any county having a population of 10164
less than seventy-five thousand at the last federal census,10165
even though a department in a place of business is used to 10166
dismantle, salvage, or rebuild motor vehicles by means of used 10167
parts, if such departments are operated for the purpose of 10168
furthering and assisting in the business of manufacturing, 10169
selling, displaying, offering for sale, or dealing in motor 10170
vehicles. Places of business or departments in a place of 10171
business used to dismantle, salvage, or rebuild motor vehicles10172
by means of using used parts are not considered as being10173
maintained for the purpose of assisting or furthering the10174
manufacturing, selling, displaying, and offering for sale or10175
dealing in motor vehicles.10176

       (X) "Operator" includes any person who drives or operates a 10177
motor vehicle upon the public highways.10178

       (Y) "Chauffeur" means any operator who operates a motor 10179
vehicle, other than a taxicab, as an employee for hire; or any 10180
operator whether or not the owner of a motor vehicle, other than 10181
a taxicab, who operates such vehicle for transporting, for gain, 10182
compensation, or profit, either persons or property owned by 10183
another. Any operator of a motor vehicle who is voluntarily 10184
involved in a ridesharing arrangement is not considered an 10185
employee for hire or operating such vehicle for gain, 10186
compensation, or profit.10187

       (Z) "State" includes the territories and federal districts 10188
of the United States, and the provinces of Canada.10189

       (AA) "Public roads and highways" for vehicles includes all 10190
public thoroughfares, bridges, and culverts.10191

       (BB) "Manufacturer's number" means the manufacturer's 10192
original serial number that is affixed to or imprinted upon the 10193
chassis or other part of the motor vehicle.10194

       (CC) "Motor number" means the manufacturer's original 10195
number that is affixed to or imprinted upon the engine or motor10196
of the vehicle.10197

       (DD) "Distributor" means any person who is authorized by a 10198
motor vehicle manufacturer to distribute new motor vehicles to 10199
licensed motor vehicle dealers at an established place of10200
business that is used exclusively for the purpose of10201
distributing new motor vehicles to licensed motor vehicle10202
dealers, except when the distributor also is a new motor vehicle10203
dealer, in which case the distributor may distribute at the10204
location of the distributor's licensed dealership.10205

       (EE) "Ridesharing arrangement" means the transportation of 10206
persons in a motor vehicle where the transportation is incidental 10207
to another purpose of a volunteer driver and includes ridesharing 10208
arrangements known as carpools, vanpools, and buspools.10209

       (FF) "Apportionable vehicle" means any vehicle that is used 10210
or intended for use in two or more international registration10211
plan member jurisdictions that allocate or proportionally10212
register vehicles, that is used for the transportation of persons10213
for hire or designed, used, or maintained primarily for the10214
transportation of property, and that meets any of the following10215
qualifications:10216

       (1) Is a power unit having a gross vehicle weight in excess 10217
of twenty-six thousand pounds;10218

       (2) Is a power unit having three or more axles, regardless 10219
of the gross vehicle weight;10220

       (3) Is a combination vehicle with a gross vehicle weight in 10221
excess of twenty-six thousand pounds.10222

       "Apportionable vehicle" does not include recreational 10223
vehicles, vehicles displaying restricted plates, city pick-up and 10224
delivery vehicles, buses used for the transportation of chartered 10225
parties, or vehicles owned and operated by the United States, 10226
this state, or any political subdivisions thereof.10227

       (GG) "Chartered party" means a group of persons who 10228
contract as a group to acquire the exclusive use of a 10229
passenger-carrying motor vehicle at a fixed charge for the 10230
vehicle in accordance with the carrier's tariff, lawfully on file 10231
with the United States department of transportation, for the10232
purpose of group travel to a specified destination or for a10233
particular itinerary, either agreed upon in advance or modified10234
by the chartered group after having left the place of origin.10235

       (HH) "International registration plan" means a reciprocal 10236
agreement of member jurisdictions that is endorsed by the 10237
American association of motor vehicle administrators, and that 10238
promotes and encourages the fullest possible use of the highway 10239
system by authorizing apportioned registration of fleets of 10240
vehicles and recognizing registration of vehicles apportioned in 10241
member jurisdictions.10242

       (II) "Restricted plate" means a license plate that has a 10243
restriction of time, geographic area, mileage, or commodity, and 10244
includes license plates issued to farm trucks under division (K) 10245
of section 4503.04 of the Revised Code.10246

       (JJ) "Gross vehicle weight," with regard to any commercial 10247
car, trailer, semitrailer, or bus that is taxed at the rates 10248
established under section 4503.042 of the Revised Code, means the 10249
unladen weight of the vehicle fully equipped plus the maximum 10250
weight of the load to be carried on the vehicle.10251

       (KK) "Combined gross vehicle weight" with regard to any 10252
combination of a commercial car, trailer, and semitrailer, that 10253
is taxed at the rates established under section 4503.042 of the 10254
Revised Code, means the total unladen weight of the combination 10255
of vehicles fully equipped plus the maximum weight of the load to 10256
be carried on that combination of vehicles.10257

       (LL) "Chauffeured limousine" means a motor vehicle that is 10258
designed to carry nine or fewer passengers and is operated for 10259
hire on an hourly basis pursuant to a prearranged contract for 10260
the transportation of passengers on public roads and highways 10261
along a route under the control of the person hiring the vehicle 10262
and not over a defined and regular route. "Prearranged contract" 10263
means an agreement, made in advance of boarding, to provide 10264
transportation from a specific location in a chauffeured 10265
limousine at a fixed rate per hour or trip. "Chauffeured 10266
limousine" does not include any vehicle that is used exclusively10267
in the business of funeral directing.10268

       (MM) "Manufactured home" has the same meaning as in10269
division (C)(4) of section 3781.06 of the Revised Code.10270

       (NN) "Acquired situs," with respect to a manufactured home 10271
or a mobile home, means to become located in this state by the 10272
placement of the home on real property, but does not include the 10273
placement of a manufactured home or a mobile home in the10274
inventory of a new motor vehicle dealer or the inventory of a10275
manufacturer, remanufacturer, or distributor of manufactured or10276
mobile homes.10277

       (OO) "Electronic" includes electrical, digital, magnetic, 10278
optical, electromagnetic, or any other form of technology that 10279
entails capabilities similar to these technologies.10280

       (PP) "Electronic record" means a record generated, 10281
communicated, received, or stored by electronic means for use in 10282
an information system or for transmission from one information 10283
system to another.10284

       (QQ) "Electronic signature" means a signature in electronic 10285
form attached to or logically associated with an electronic 10286
record.10287

       (RR) "Financial transaction device" has the same meaning as 10288
in division (A) of section 113.40 of the Revised Code.10289

       (SS) "Electronic motor vehicle dealer" means a motor vehicle 10290
dealer licensed under Chapter 4517. of the Revised Code whom the 10291
registrar of motor vehicles determines meets the criteria 10292
designated in section 4503.035 of the Revised Code for electronic 10293
motor vehicle dealers and designates as an electronic motor 10294
vehicle dealer under that section.10295

       (TT) "Limited driving privileges" means the privilege to10296
operate a motor vehicle that a court grants under section 4510.02110297
of the Revised Code to a person whose driver's or commercial10298
driver's license or permit or nonresident operating privilege has10299
been suspended.10300

       Sec. 4501.022.  (A) The registrar of motor vehicles shall10301
determine the necessary or appropriate method by which written10302
notice of an order revoking or suspending a motor vehicle driver's10303
or commercial driver's license or requiring the surrender of a10304
certificate of registration and registration plates may be10305
provided to the person holding the license or the certificate of10306
registration and registration plates. Division (A) of this10307
section does not apply if the registrar is required to provide10308
notification by use of a method specified by law.10309

       (B) Pursuant to rules adopted by the registrar, the bureau10310
of motor vehicles shall implement proof of mailing procedures to10311
provide verification that written notice of an order revoking or10312
suspending a motor vehicle driver's or commercial driver's license10313
or requiring the surrender of a certificate of registration and10314
registration plates was sent to the person holding the license or10315
the certificate of registration and registration plates.10316

       Sec. 4501.17.  There is hereby created in the state treasury10317
the OMVIOVI fines fund. The fund shall consist of fine money10318
received by the state highway patrol pursuant to division (A) of10319
section 4511.994511.19 of the Revised Code, and shall be used by10320
the state highway patrol to enforce that section 4511.19 of the10321
Revised Code and to conduct programs to inform the public of the10322
dangers of, and laws governing, the operation of motor vehicles10323
while under the influence of alcohol.10324

       Sec. 4501.19.  There is hereby created in the state treasury10325
the law enforcement reimbursement fund. The law enforcement10326
reimbursement fund shall consist of fees collected by the10327
registrar of motor vehicles under division (A)(6)(5) of section10328
4503.233 of the Revised Code, and shall be used to make payments10329
to law enforcement agencies in accordance with that division.10330
However, the director of budget and management may transfer excess10331
money from the law enforcement reimbursement fund to the bureau of10332
motor vehicles fund created in section 4501.25 of the Revised Code10333
if the registrar determines that the amount of money in the law10334
enforcement reimbursement fund exceeds the amounts required to be10335
paid by division (A)(6)(5) of section 4503.233 of the Revised10336
Code, and the registrar requests the director to make the10337
transfer. All investment earnings of the law enforcement10338
reimbursement fund shall be credited to the fund.10339

       Sec. 4501.25.  There is hereby created in the state treasury10340
the state bureau of motor vehicles fund. The fund shall consist10341
of all money collected by the registrar of motor vehicles,10342
including taxes, fees, and fines levied, charged, or referred to10343
in Chapters 4501., 4503., 4505., 4506., 4507., 4509., 4510.,10344
4511., 4517., 4519., and 4521., and sections 3123.59, 2935.27,10345
2937.221, 4738.06, 4738.13, and 4738.18 of the Revised Code10346
unless otherwise designated by law. The fund shall be used to pay10347
the expenses of administering the law relative to the powers and10348
duties of the registrar of motor vehicles. All investment10349
earnings of the fund shall be retained by the fund.10350

       Sec. 4507.25.        Sec. 4501.34.  (A) The registrar of motor vehicles10351
may adopt and publish rules to govern histhe registrar's10352
proceedings. All proceedings of the registrar shall be open to10353
the public, and all documents in histhe registrar's possession10354
shall beare public records. HeThe registrar shall adopt a seal10355
bearing the inscription: "Motor Vehicle Registrar of Ohio." The10356
seal shall be affixed to all writs and authenticated copies of10357
records, and, when it has been so attached, suchthe copies shall10358
be received in evidence with the same effect as other public10359
records. All courts shall take judicial notice of the seal.10360

       (B) Upon the request of any person accompanied by a10361
nonrefundable fee of two dollars per name, the registrar may10362
furnish lists of names and addresses as they appear upon the10363
applications for driver's licenses, provided that any further10364
information contained in the applications shall not be disclosed.10365
AllThe registrar shall pay all the fees collected shall be paid10366
by the registrar into the state treasury to the credit of the10367
state bureau of motor vehicles fund established in section 4501.2510368
of the Revised Code.10369

       This division does not apply to the list of qualified driver10370
licensees required to be compiled and filed pursuant to section10371
2313.06 of the Revised Code.10372

       Sec. 4507.26.        Sec. 4501.351.  An order, except an order relating10373
to a license as defined in section 119.01 of the Revised Code,10374
made by the registrar of motor vehicles may be reversed, vacated,10375
or modified by the court of common pleas of Franklin county, or by10376
the court of common pleas in the county in which the party10377
affected is a resident, or in which the matter complained of10378
arose.10379

       Sec. 4507.27.        Sec. 4501.36.  A proceeding to obtain the reversal,10380
vacation, or modification of an order of the registrar of motor10381
vehicles shall be by appeal,.Any party to the proceedings before10382
the registrar shall file notice of which shall be filedthe appeal10383
in the court of common pleas on or before the expiration of thirty10384
days from date of entry of suchthe order, by any party to the10385
proceedings before the registrar.Such. The court shall set such10386
the appeal for hearing and take suchany testimony as is necessary10387
to decide the matter. AtThe court shall give the registrar at10388
least ten days' notice of the time and place of suchthe hearing10389
shall be given to the registrar.10390

       Sec. 4507.28.        Sec. 4501.37.  No court may reverse, suspend, or10391
delay any order made by the registrar of motor vehicles, or10392
enjoin, restrain, or interfere with the registrar or a deputy10393
registrar in the performance of official duties, except as10394
provided in sections 4507.01 to 4507.39, inclusive,this chapter10395
and Chapter 4507. or4510. of the Revised Code.10396

       Sec. 4507.29.        Sec. 4501.38.  Upon the request of the registrar of10397
motor vehicles, the prosecuting attorney of the county in which10398
any proceedings are pending, shall aid in any investigation,10399
prosecution, hearing, or trial hadheld under sections 4507.01 to10400
4507.39,this chapter or Chapter 4506., 4507., 4510., or4511. of10401
the Revised Code, and shall institute and prosecute suchany10402
actions or proceedings for the enforcement of suchthe sections10403
contained in those chapters, and for the punishment of all10404
violations thereofof those sections, as the registrar directs.10405

       Sec. 4503.033.  (A) Annually, on or before the thirty-first10406
day of January, every deputy registrar shall file with the10407
registrar of motor vehicles on a form prescribed by the registrar,10408
a statement disclosing all of the following:10409

       (1) The name of the person filing the statement, and, if10410
applicable, of his spouse and of members of his immediate family;10411

       (2) Any contribution made within the previous calendar year10412
by the person and, if applicable, by his spouse and by members of10413
his immediate family to each of the following:10414

       (a) Any political party;10415

       (b) Any candidate for the office of governor, attorney10416
general, secretary of state, treasurer of state, auditor of state,10417
member of the senate or house of representatives of the general10418
assembly, or to the campaign committee of any such candidate.10419

       (3) The month, day, and year in which the contribution was10420
made;10421

       (4) The full name and address of each person, political10422
party, or campaign committee to which a contribution was made;10423

       (5) The value in dollars and cents of the contribution.10424

       (B) No person shall knowingly fail to file, on or before the10425
filing deadline under this section, a statement that is required10426
by division (A) of this section.10427

       (C) No person shall knowingly make a false statement in a10428
statement that is required to be filed under division (A) of this10429
section.10430

       (D) On and after the effective date of this amendmentMarch10431
2, 1994, the statement required by division (A) of this section10432
shall be accompanied by a filing fee of twenty-five dollars. If10433
the statement required by division (A) of this section is not10434
filed by the date on which it is required to be filed, the10435
registrar of motor vehicles shall assess a late filing fee as10436
prescribed in division (F) of section 102.02 of the Revised Code.10437
The registrar shall deposit all fees he receives under this10438
division into the general revenue fund of the state.10439

       (E) Not later than the date a deputy registrar is required10440
to file a statement under division (A) of this section, the deputy10441
registrar shall file a copy of the statement with the office of10442
the secretary of state. The secretary of state shall keep the10443
copies of all statements filed with his office under this division10444
only for the purpose of making them available for public10445
inspection.10446

       (F)Whoever violates division (B) of this section shall be10447
fined one thousand dollars. Whoever violates division (C) of this10448
section shall be fined ten thousand dollars.10449

       Sec. 4503.05. (A) No person shall use a motor vehicle10450
registered as a noncommercial motor vehicle as defined in section10451
4501.01 of the Revised Code for other than the purposes set forth10452
in that section 4501.01of the Revised Code.10453

       (B)Whoever violates this section is guilty of a misdemeanor10454
of the fourth degree.10455

       Sec. 4503.061.  (A) All manufactured and mobile homes shall10456
be listed on either the real property tax list or the manufactured10457
home tax list of the county in which the home has situs. Each10458
owner shall follow the procedures in this section to identify the10459
home to the county auditor of the county containing the taxing10460
district in which the home has situs so that the auditor may place10461
the home on the appropriate tax list.10462

       (B) When a manufactured or mobile home first acquires situs10463
in this state and is subject to real property taxation pursuant to10464
division (B)(1) or (2) of section 4503.06 of the Revised Code, the10465
owner shall present to the auditor of the county containing the10466
taxing district in which the home has its situs the certificate of10467
title for the home, together with proof that all taxes due have10468
been paid and proof that a relocation notice was obtained for the10469
home if required under this section. Upon receiving the10470
certificate of title and the required proofs, the auditor shall10471
place the home on the real property tax list and proceed to treat10472
the home as other properties on that list. After the auditor has10473
placed the home on the tax list of real and public utility10474
property, the auditor shall deliver the certificate of title to10475
the clerk of the court of common pleas that issued it pursuant to10476
section 4505.11 of the Revised Code, and the clerk shall10477
inactivate the certificate of title.10478

       (C)(1) When a manufactured or mobile home subject to a10479
manufactured home tax is relocated to or first acquires situs in10480
any county that has adopted a permanent manufactured home10481
registration system, as provided in division (F) of this section,10482
the owner, within thirty days after the home is relocated or first10483
acquires situs under section 4503.06 of the Revised Code, shall10484
register the home with the county auditor of the county containing10485
the taxing district in which the home has its situs. For the10486
first registration in each county of situs, the owner or vendee in10487
possession shall present to the county auditor an Ohio certificate10488
of title, certified copy of the certificate of title, or10489
memorandum certificate of title as such are required by law, and10490
proof, as required by the county auditor, that the home, if it has10491
previously been occupied and is being relocated, has been10492
previously registered, that all taxes due and required to be paid10493
under division (H)(1) of this section before a relocation notice10494
may be issued have been paid, and that a relocation notice was10495
obtained for the home if required by division (H) of this section. 10496
If the owner or vendee does not possess the Ohio certificate of10497
title, certified copy of the certificate of title, or memorandum10498
certificate of title at the time the owner or vendee first10499
registers the home in a county, the county auditor shall register10500
the home without presentation of the document, but the owner or10501
vendee shall present the certificate of title, certified copy of10502
the certificate of title, or memorandum certificate of title to10503
the county auditor within fourteen days after the owner or vendee10504
obtains possession of the document.10505

       (2) When a manufactured or mobile home is registered for the10506
first time in a county and when the total tax due has been paid as10507
required by division (F) of section 4503.06 of the Revised Code or10508
divisions (E) and (H) of this section, the county treasurer shall10509
note by writing or by a stamp on the certificate of title,10510
certified copy of certificate of title, or memorandum certificate10511
of title that the home has been registered and that the taxes due,10512
if any, have been paid for the preceding five years and for the10513
current year. The treasurer shall then issue a certificate10514
evidencing registration and a decal to be displayed on the street10515
side of the home. Such certificate is valid in any county in this10516
state during the year for which it is issued.10517

       (3) For each year thereafter, the county treasurer shall10518
issue a tax bill stating the amount of tax due under section10519
4503.06 of the Revised Code, as provided in division (D)(6) of10520
that section. When the total tax due has been paid as required by10521
division (F) of section 4503.06 of the Revised Code, the county10522
treasurer shall issue a certificate evidencing registration that10523
shall be valid in any county in this state during the year for10524
which the certificate is issued.10525

       (4) The permanent decal issued under this division is valid10526
during the period of ownership, except that when a manufactured10527
home is relocated in another county the owner shall apply for a10528
new registration as required by this section and section 4503.0610529
of the Revised Code.10530

       (D)(1) All owners of manufactured or mobile homes subject to10531
the manufactured home tax being relocated to or having situs in a10532
county that has not adopted a permanent registration system, as10533
provided in division (F) of this section, shall register the home10534
within thirty days after the home is relocated or first acquires10535
situs under section 4503.06 of the Revised Code and thereafter10536
shall annually register the home with the county auditor of the10537
county containing the taxing district in which the home has its10538
situs.10539

       (2) Upon the annual registration, the county treasurer10540
shall issue a tax bill stating the amount of annual manufactured10541
home tax due under section 4503.06 of the Revised Code, as10542
provided in division (D)(6) of that section. When a manufactured10543
or mobile home is registered and when the tax for the current10544
one-half year has been paid as required by division (F) of section10545
4503.06 of the Revised Code, the county treasurer shall issue a10546
certificate evidencing registration and a decal. Such certificate10547
and decal are valid in any county in this state during the year10548
for which they are issued. The decal shall be displayed on the10549
street side of the home.10550

       (3) For the first annual registration in each county of10551
situs, the county auditor shall require the owner or vendee to10552
present an Ohio certificate of title, certified copy of the10553
certificate of title, or memorandum certificate of title as such10554
are required by law, and proof, as required by the county auditor,10555
that the manufactured or mobile home has been previously10556
registered, if such registration was required, that all taxes due10557
and required to be paid under division (H)(1) of this section10558
before a relocation notice may be issued have been paid, and that10559
a relocation notice was obtained for the home if required by10560
division (H) of this section. If the owner or vendee does not10561
possess the Ohio certificate of title, certified copy of the10562
certificate of title, or memorandum certificate of title at the10563
time the owner or vendee first registers the home in a county, the10564
county auditor shall register the home without presentation of the10565
document, but the owner or vendee shall present the certificate of10566
title, certified copy of the certificate of title, or memorandum10567
certificate of title to the county auditor within fourteen days10568
after the owner or vendee obtains possession of the document. When10569
the county treasurer receives the tax payment, the county10570
treasurer shall note by writing or by a stamp on the certificate10571
of title, certified copy of the certificate of title, or10572
memorandum certificate of title that the home has been registered10573
for the current year and that the manufactured home taxes due, if10574
any, have been paid for the preceding five years and for the10575
current year.10576

       (4) For subsequent annual registrations, the auditor may10577
require the owner or vendee in possession to present an Ohio10578
certificate of title, certified copy of the certificate of title,10579
or memorandum certificate of title to the county treasurer upon10580
payment of the manufactured home tax that is due.10581

       (E)(1) Upon the application to transfer ownership of a10582
manufactured or mobile home for which manufactured home taxes are10583
paid pursuant to division (C) of section 4503.06 of the Revised10584
Code the clerk of the court of common pleas shall not issue any10585
certificate of title that does not contain or have attached both10586
of the following:10587

       (a) An endorsement of the county treasurer stating that the10588
home has been registered for each year of ownership and that all10589
manufactured home taxes imposed pursuant to section 4503.06 of the10590
Revised Code have been paid or that no tax is due;10591

       (b) An endorsement of the county auditor that the10592
manufactured home transfer tax imposed pursuant to section 322.0610593
of the Revised Code and any fees imposed under division (F) of10594
section 319.54 of the Revised Code have been paid.10595

       (2) If all the taxes have not been paid, the clerk shall10596
notify the vendee to contact the county treasurer of the county10597
containing the taxing district in which the home has its situs at10598
the time of the proposed transfer. The county treasurer shall10599
then collect all the taxes that are due for the year of the10600
transfer and all previous years not exceeding a total of five10601
years. The county treasurer shall distribute that part of the10602
collection owed to the county treasurer of other counties if the10603
home had its situs in another county during a particular year when10604
the unpaid tax became due and payable. The burden to prove the10605
situs of the home in the years that the taxes were not paid is on10606
the transferor of the home. Upon payment of such taxes, the10607
county auditor shall remove all remaining taxes from the10608
manufactured home tax list and the delinquent manufactured home10609
tax list, and the county treasurer shall release all liens for10610
such taxes. The clerk of courts shall issue a certificate of10611
title, free and clear of all liens for manufactured home taxes, to10612
the transferee of the home.10613

       (3) Once the transfer is complete and the certificate of10614
title has been issued, the transferee shall register the10615
manufactured or mobile home pursuant to division (C) or (D) of10616
this section with the county auditor of the county containing the10617
taxing district in which the home remains after the transfer or,10618
if the home is relocated to another county, with the county10619
auditor of the county to which the home is relocated. The10620
transferee need not pay the annual tax for the year of acquisition10621
if the original owner has already paid the annual tax for that10622
year.10623

       (F) The county auditor may adopt a permanent registration10624
system and issue a permanent decal with the first registration as10625
prescribed by the tax commissioner.10626

       (G) When any manufactured or mobile home required to be10627
registered by this section is not registered, the county auditor10628
shall impose a penalty of one hundred dollars upon the owner and10629
deposit the amount to the credit of the county real estate10630
assessment fund to be used to pay the costs of administering this10631
section and section 4503.06 of the Revised Code. If unpaid, the10632
penalty shall constitute a lien on the home and shall be added by10633
the county auditor to the manufactured home tax list for10634
collection.10635

       (H)(1) Before moving a manufactured or mobile home on public10636
roads from one address within this state to another address10637
within or outside this state, the owner of the home shall obtain a10638
relocation notice, as provided by this section, from the auditor10639
of the county in which the home is located if the home is10640
currently subject to taxation pursuant to section 4503.06 of the10641
Revised Code. The auditor shall charge five dollars for the10642
notice, and deposit the amount to the credit of the county real10643
estate assessment fund to be used to pay the costs of10644
administering this section and section 4503.06 of the Revised10645
Code. The auditor shall not issue a relocation notice unless all10646
taxes owed on the home under section 4503.06 of the Revised Code10647
that were first charged to the home during the period of ownership10648
of the owner seeking the relocation notice have been paid. If the10649
home is being moved by a new owner of the home or by a party10650
taking repossession of the home, the auditor shall not issue a10651
relocation notice unless all of the taxes due for the preceding10652
five years and for the current year have been paid. A relocation10653
notice issued by a county auditor is valid until the last day of10654
December of the year in which it was issued.10655

       (2) If a manufactured or mobile home is not yet subject to10656
taxation under section 4503.06 of the Revised Code, the owner of10657
the home shall obtain a relocation notice from the dealer of the10658
home. Within thirty days after the manufactured or mobile home is10659
purchased, the dealer of the home shall provide the auditor of the10660
county in which the home is to be located written notice of the10661
name of the purchaser of the home, the registration number or10662
vehicle identification number of the home, and the address or10663
location to which the home is to be moved. The county auditor10664
shall provide to each manufactured and mobile home dealer, without10665
charge, a supply of relocation notices to be distributed to10666
purchasers pursuant to this section.10667

       (3) The notice shall be in the form of a one-foot square10668
yellow sign with the words "manufactured home relocation notice"10669
printed prominently on it. The name of the owner of the home, the10670
home's registration number or vehicle identification number, the10671
county and the address or location to which the home is being10672
moved, and the county in which the notice is issued shall also be10673
entered on the notice.10674

       (4) The relocation notice must be attached to the rear of10675
the home when the home is being moved on a public road. Except as10676
provided in division (H)(5) of this section, no person shall drive10677
a motor vehicle moving a manufactured or mobile home on a public10678
road from one address to another address within this state unless10679
a relocation notice is attached to the rear of the home.10680

       (5) If the county auditor determines that a manufactured or10681
mobile home has been moved without a relocation notice as required10682
under this division, the auditor shall impose a penalty of one10683
hundred dollars upon the owner of the home and upon the person who10684
moved the home and deposit the amount to the credit of the county10685
real estate assessment fund to pay the costs of administering this10686
section and section 4503.06 of the Revised Code. If the home was10687
relocated from one county in this state to another county in this10688
state and the county auditor of the county to which the home was10689
relocated imposes the penalty, that county auditor, upon10690
collection thereof, shall cause an amount equal to the penalty to10691
be transmitted from the county real estate assessment fund to the10692
county auditor of the county from which the home was relocated,10693
who shall deposit the amount to the credit of the county real10694
estate assessment fund. If the penalty on the owner is unpaid,10695
the penalty shall constitute a lien on the home and the auditor10696
shall add the penalty to the manufactured home tax list for10697
collection. If the county auditor determines that a dealer that10698
has sold a manufactured or mobile home has failed to timely10699
provide the information required under this division, the auditor10700
shall impose a penalty upon the dealer in the amount of one10701
hundred dollars. The penalty shall be credited to the county real10702
estate assessment fund and used to pay the costs of administering10703
this section and section 4503.06 of the Revised Code.10704

       (I)Whoever violates division (H)(4) of this section is10705
guilty of a minor misdemeanor.10706

       Sec. 4503.066.  (A)(1) To obtain a reduction in the10707
assessable value of a manufactured or mobile home under section10708
4503.065 of the Revised Code, the owner of the home shall file an10709
application with the county auditor of the county in which the10710
home is located. An application for reduction in assessable value10711
based upon a physical disability shall be accompanied by a10712
certificate signed by a physician, and an application for10713
reduction in assessable value based upon a mental disability shall10714
be accompanied by a certificate signed by a physician or10715
psychologist licensed to practice in this state. The certificate10716
shall attest to the fact that the applicant is permanently and10717
totally disabled, shall be in a form that the department of10718
taxation requires, and shall include the definition of totally and10719
permanently disabled as set forth in section 4503.064 of the10720
Revised Code. An application for reduction in assessable value10721
based upon a disability certified as permanent and total by a10722
state or federal agency having the function of so classifying10723
persons shall be accompanied by a certificate from that agency.10724

       (2) Each application shall constitute a continuing10725
application for a reduction in assessable value for each year in10726
which the manufactured or mobile home is occupied by the applicant10727
and in which the amount of the reduction in assessable value does10728
not exceed either the amount or per cent of the reduction for the10729
year in which the application was first filed. Failure to receive10730
a new application or notification under division (B) of this10731
section after a certificate of reduction has been issued under10732
section 4503.067 of the Revised Code is prima-facie evidence that10733
the original applicant is entitled to the reduction in assessable10734
value calculated on the basis of the information contained in the10735
original application. The original application and any subsequent10736
application shall be in the form of a signed statement and shall10737
be filed not later than the first Monday in June. The statement10738
shall be on a form, devised and supplied by the tax commissioner,10739
that shall require no more information than is necessary to10740
establish the applicant's eligibility for the reduction in10741
assessable value and the amount of the reduction to which the10742
applicant is entitled. The form shall contain a statement that10743
signing such application constitutes a delegation of authority by10744
the applicant to the county auditor to examine any financial10745
records that relate to income earned by the applicant as stated on10746
the application for the purpose of determining eligibility under,10747
or possible violation of, division (C) or (D) of this section. The10748
form also shall contain a statement that conviction of willfully10749
falsifying information to obtain a reduction in assessable value10750
or failing to comply with division (B) of this section shall10751
result in the revocation of the right to the reduction for a10752
period of three years.10753

       (3) A late application for a reduction in assessable value10754
for the year preceding the year for which an original application10755
is filed may be filed with an original application. If the10756
auditor determines that the information contained in the late10757
application is correct, the auditor shall determine both the10758
amount of the reduction in assessable value to which the applicant10759
would have been entitled for the current tax year had the10760
application been timely filed and approved in the preceding year,10761
and the amount the taxes levied under section 4503.06 of the10762
Revised Code for the current year would have been reduced as a10763
result of the reduction in assessable value. When an applicant is10764
permanently and totally disabled on the first day of January of10765
the year in which the applicant files a late application, the10766
auditor, in making the determination of the amounts of the10767
reduction in assessable value and taxes under division (A)(3) of10768
this section, is not required to determine that the applicant was10769
permanently and totally disabled on the first day of January of10770
the preceding year.10771

       The amount of the reduction in taxes pursuant to a late10772
application shall be treated as an overpayment of taxes by the10773
applicant. The auditor shall credit the amount of the overpayment10774
against the amount of the taxes or penalties then due from the10775
applicant, and, at the next succeeding settlement, the amount of10776
the credit shall be deducted from the amount of any taxes or10777
penalties distributable to the county or any taxing unit in the10778
county that has received the benefit of the taxes or penalties10779
previously overpaid, in proportion to the benefits previously10780
received. If, after the credit has been made, there remains a10781
balance of the overpayment, or if there are no taxes or penalties10782
due from the applicant, the auditor shall refund that balance to10783
the applicant by a warrant drawn on the county treasurer in favor10784
of the applicant. The treasurer shall pay the warrant from the10785
general fund of the county. If there is insufficient money in the10786
general fund to make the payment, the treasurer shall pay the10787
warrant out of any undivided manufactured or mobile home taxes10788
subsequently received by the treasurer for distribution to the10789
county or taxing district in the county that received the benefit10790
of the overpaid taxes, in proportion to the benefits previously10791
received, and the amount paid from the undivided funds shall be10792
deducted from the money otherwise distributable to the county or10793
taxing district in the county at the next or any succeeding10794
distribution. At the next or any succeeding distribution after10795
making the refund, the treasurer shall reimburse the general fund10796
for any payment made from that fund by deducting the amount of10797
that payment from the money distributable to the county or other10798
taxing unit in the county that has received the benefit of the10799
taxes, in proportion to the benefits previously received. On the10800
second Monday in September of each year, the county auditor shall10801
certify the total amount of the reductions in taxes made in the10802
current year under division (A)(3) of this section to the tax10803
commissioner who shall treat that amount as a reduction in taxes10804
for the current tax year and shall make reimbursement to the10805
county of that amount in the manner prescribed in section 4503.06810806
of the Revised Code, from moneys appropriated for that purpose.10807

       (B) If in any year after an application has been filed under10808
division (A) of this section the owner no longer qualifies for the10809
reduction in assessable value for which the owner was issued a10810
certificate or qualifies for a reduction that is less than either10811
the per cent or amount of the reduction to which the owner was10812
entitled in the year the application was filed, the owner shall10813
notify the county auditor that the owner is not qualified for a10814
reduction in the assessable value of the home or file a new10815
application under division (A) of this section.10816

       During January of each year, the county auditor shall furnish10817
each person issued a certificate of reduction in value, by10818
ordinary mail, a form on which to report any changes in total10819
income that would have the effect of increasing or decreasing the10820
reduction to which the person is entitled, changes in ownership of10821
the home, including changes in or revocation of a revocable inter10822
vivos trust, changes in disability, and other changes in the10823
information earlier furnished the auditor relative to the10824
application. The form shall be completed and returned to the10825
auditor not later than the first Monday in June if the changes10826
would affect the level of reduction in assessable value.10827

       (C) No person shall knowingly make a false statement for the10828
purpose of obtaining a reduction in assessable value under section10829
4503.065 of the Revised Code.10830

       (D) No person shall knowingly fail to notify the county10831
auditor of any change required by division (B) of this section10832
that has the effect of maintaining or securing a reduction in10833
assessable value of the home in excess of the reduction allowed10834
under section 4503.065 of the Revised Code.10835

       (E) No person shall knowingly make a false statement or10836
certification attesting to any person's physical or mental10837
condition for purposes of qualifying such person for tax relief10838
pursuant to sections 4503.064 to 4503.069 of the Revised Code.10839

       (F)Whoever violates division (C), (D), or (E) of this10840
section is guilty of a misdemeanor of the fourth degree.10841

       Sec. 4503.10.  (A) The owner of every snowmobile,10842
off-highway motorcycle, and all-purpose vehicle required to be10843
registered under section 4519.02 of the Revised Code shall file an10844
application for registration under section 4519.03 of the Revised10845
Code. The owner of a motor vehicle, other than a snowmobile,10846
off-highway motorcycle, or all-purpose vehicle, that is not10847
designed and constructed by the manufacturer for operation on a10848
street or highway may not register it under this chapter except10849
upon certification of inspection pursuant to section 4513.02 of10850
the Revised Code by the sheriff, or the chief of police of the10851
municipal corporation or township, with jurisdiction over the10852
political subdivision in which the owner of the motor vehicle10853
resides. Except as provided in section 4503.103 of the Revised10854
Code, every owner of every other motor vehicle not previously10855
described in this section and every person mentioned as owner in10856
the last certificate of title of a motor vehicle that is operated10857
or driven upon the public roads or highways shall cause to be10858
filed each year, by mail or otherwise, in the office of the10859
registrar of motor vehicles or a deputy registrar, a written or10860
electronic application or a preprinted registration renewal notice10861
issued under section 4503.102 of the Revised Code, the form of10862
which shall be prescribed by the registrar, for registration for10863
the following registration year, which shall begin on the first10864
day of January of every calendar year and end on the thirty-first10865
day of December in the same year. Applications for registration10866
and registration renewal notices shall be filed at the times10867
established by the registrar pursuant to section 4503.101 of the10868
Revised Code. A motor vehicle owner also may elect to apply for10869
or renew a motor vehicle registration by electronic means using10870
electronic signature in accordance with rules adopted by the10871
registrar. Except as provided in division (J) of this section,10872
applications for registration shall be made on blanks furnished by10873
the registrar for that purpose, containing the following10874
information:10875

       (1) A brief description of the motor vehicle to be10876
registered, including the name of the manufacturer, the factory10877
number of the vehicle, the year's model, and, in the case of10878
commercial cars, the gross weight of the vehicle fully equipped10879
computed in the manner prescribed in section 4503.08 of the10880
Revised Code;10881

       (2) The name and residence address of the owner, and the10882
township and municipal corporation in which the owner resides;10883

       (3) The district of registration, which shall be determined10884
as follows:10885

       (a) In case the motor vehicle to be registered is used for10886
hire or principally in connection with any established business or10887
branch business, conducted at a particular place, the district of10888
registration is the municipal corporation in which that place is10889
located or, if not located in any municipal corporation, the10890
county and township in which that place is located.10891

       (b) In case the vehicle is not so used, the district of10892
registration is the municipal corporation or county in which the10893
owner resides at the time of making the application.10894

       (4) Whether the motor vehicle is a new or used motor10895
vehicle;10896

       (5) The date of purchase of the motor vehicle;10897

       (6) Whether the fees required to be paid for the10898
registration or transfer of the motor vehicle, during the10899
preceding registration year and during the preceding period of the10900
current registration year, have been paid. Each application for10901
registration shall be signed by the owner, either manually or by10902
electronic signature, or pursuant to obtaining a limited power of10903
attorney authorized by the registrar for registration, or other10904
document authorizing such signature. If the owner elects to apply10905
for or renew the motor vehicle registration with the registrar by10906
electronic means, the owner's manual signature is not required.10907

       (7) The owner's social security number, if assigned, or,10908
where a motor vehicle to be registered is used for hire or10909
principally in connection with any established business, the10910
owner's federal taxpayer identification number. The bureau of10911
motor vehicles shall retain in its records all social security10912
numbers provided under this section, but the bureau shall not10913
place social security numbers on motor vehicle certificates of10914
registration.10915

       (B) Each time an applicant first registers a motor vehicle10916
in the applicant's name, the applicant shall present for10917
inspection a physical certificate of title or a memorandum10918
certificate showing title to the motor vehicle to be registered in10919
the name of the applicant if a physical certificate of title or10920
memorandum certificate has been issued by a clerk of a court of10921
common pleas. If, under sections 4505.021, 4505.06, and 4505.0810922
of the Revised Code, a clerk instead has issued an electronic10923
certificate of title for the applicant's motor vehicle, that10924
certificate may be presented for inspection at the time of first10925
registration in a manner prescribed by rules adopted by the10926
registrar. When a motor vehicle inspection and maintenance10927
program is in effect under section 3704.14 of the Revised Code and10928
rules adopted under it, each application for registration for a10929
vehicle required to be inspected under that section and those10930
rules shall be accompanied by an inspection certificate for the10931
motor vehicle issued in accordance with that section. The10932
application shall be refused if any of the following applies:10933

       (1) The application is not in proper form.10934

       (2) The application is prohibited from being accepted by10935
division (D) of section 2935.27, division (A) of section 2937.221,10936
division (A) of section 4503.13, division (B) of section 4507.16810937
4510.22, or division (B)(1) of section 4521.10 of the Revised10938
Code.10939

       (3) A certificate of title or memorandum certificate of10940
title does not accompany the application or, in the case of an10941
electronic certificate of title, is not presented in a manner10942
prescribed by the registrar's rules.10943

       (4) All registration and transfer fees for the motor10944
vehicle, for the preceding year or the preceding period of the10945
current registration year, have not been paid.10946

       (5) The owner or lessee does not have an inspection10947
certificate for the motor vehicle as provided in section 3704.1410948
of the Revised Code, and rules adopted under it, if that section10949
is applicable.10950

       This section does not require the payment of license or10951
registration taxes on a motor vehicle for any preceding year, or10952
for any preceding period of a year, if the motor vehicle was not10953
taxable for that preceding year or period under sections 4503.02,10954
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the10955
Revised Code. When a certificate of registration is issued upon10956
the first registration of a motor vehicle by or on behalf of the10957
owner, the official issuing the certificate shall indicate the10958
issuance with a stamp on the certificate of title or memorandum10959
certificate or, in the case of an electronic certificate of title,10960
an electronic stamp or other notation as specified in rules10961
adopted by the registrar, and with a stamp on the inspection10962
certificate for the motor vehicle, if any. The official also10963
shall indicate, by a stamp or by other means the registrar10964
prescribes, on the registration certificate issued upon the first10965
registration of a motor vehicle by or on behalf of the owner the10966
odometer reading of the motor vehicle as shown in the odometer10967
statement included in or attached to the certificate of title.10968
Upon each subsequent registration of the motor vehicle by or on10969
behalf of the same owner, the official also shall so indicate the10970
odometer reading of the motor vehicle as shown on the immediately10971
preceding certificate of registration.10972

       The registrar shall include in the permanent registration10973
record of any vehicle required to be inspected under section10974
3704.14 of the Revised Code the inspection certificate number from10975
the inspection certificate that is presented at the time of10976
registration of the vehicle as required under this division.10977

       (C) In addition, a charge of twenty-five cents shall be made10978
for each reflectorized safety license plate issued, and a single10979
charge of twenty-five cents shall be made for each county10980
identification sticker or each set of county identification10981
stickers issued, as the case may be, to cover the cost of10982
producing the license plates and stickers, including material,10983
manufacturing, and administrative costs. Those fees shall be in10984
addition to the license tax. If the total cost of producing the10985
plates is less than twenty-five cents per plate, or if the total10986
cost of producing the stickers is less than twenty-five cents per10987
sticker or per set issued, any excess moneys accruing from the10988
fees shall be distributed in the same manner as provided by10989
section 4501.04 of the Revised Code for the distribution of10990
license tax moneys. If the total cost of producing the plates10991
exceeds twenty-five cents per plate, or if the total cost of10992
producing the stickers exceeds twenty-five cents per sticker or10993
per set issued, the difference shall be paid from the license tax10994
moneys collected pursuant to section 4503.02 of the Revised Code.10995

       (D) Each deputy registrar shall be allowed a fee of two10996
dollars and seventy-five cents commencing on July 1, 2001, three10997
dollars and twenty-five cents commencing on January 1, 2003, and10998
three dollars and fifty cents commencing on January 1, 2004, for10999
each application for registration and registration renewal notice11000
the deputy registrar receives, which shall be for the purpose of11001
compensating the deputy registrar for the deputy registrar's11002
services, and such office and rental expenses, as may be necessary11003
for the proper discharge of the deputy registrar's duties in the11004
receiving of applications and renewal notices and the issuing of11005
registrations.11006

       (E) Upon the certification of the registrar, the county11007
sheriff or local police officials shall recover license plates11008
erroneously or fraudulently issued.11009

       (F) Each deputy registrar, upon receipt of any application11010
for registration or registration renewal notice, together with the11011
license fee and any local motor vehicle license tax levied11012
pursuant to Chapter 4504. of the Revised Code, shall transmit that11013
fee and tax, if any, in the manner provided in this section,11014
together with the original and duplicate copy of the application,11015
to the registrar. The registrar, subject to the approval of the11016
director of public safety, may deposit the funds collected by11017
those deputies in a local bank or depository to the credit of the11018
"state of Ohio, bureau of motor vehicles." Where a local bank or11019
depository has been designated by the registrar, each deputy11020
registrar shall deposit all moneys collected by the deputy11021
registrar into that bank or depository not more than one business11022
day after their collection and shall make reports to the registrar11023
of the amounts so deposited, together with any other information,11024
some of which may be prescribed by the treasurer of state, as the11025
registrar may require and as prescribed by the registrar by rule.11026
The registrar, within three days after receipt of notification of11027
the deposit of funds by a deputy registrar in a local bank or11028
depository, shall draw on that account in favor of the treasurer11029
of state. The registrar, subject to the approval of the director11030
and the treasurer of state, may make reasonable rules necessary11031
for the prompt transmittal of fees and for safeguarding the11032
interests of the state and of counties, townships, municipal11033
corporations, and transportation improvement districts levying11034
local motor vehicle license taxes. The registrar may pay service11035
charges usually collected by banks and depositories for such11036
service. If deputy registrars are located in communities where11037
banking facilities are not available, they shall transmit the fees11038
forthwith, by money order or otherwise, as the registrar, by rule11039
approved by the director and the treasurer of state, may11040
prescribe. The registrar may pay the usual and customary fees for11041
such service.11042

       (G) This section does not prevent any person from making an11043
application for a motor vehicle license directly to the registrar11044
by mail, by electronic means, or in person at any of the11045
registrar's offices, upon payment of a service fee of two dollars11046
and seventy-five cents commencing on July 1, 2001, three dollars11047
and twenty-five cents commencing on January 1, 2003, and three11048
dollars and fifty cents commencing on January 1, 2004, for each11049
application.11050

       (H) No person shall make a false statement as to the11051
district of registration in an application required by division11052
(A) of this section. Violation of this division is falsification11053
under section 2921.13 of the Revised Code and punishable as11054
specified in that section.11055

       (I)(1) Where applicable, the requirements of division (B) of11056
this section relating to the presentation of an inspection11057
certificate issued under section 3704.14 of the Revised Code and11058
rules adopted under it for a motor vehicle, the refusal of a11059
license for failure to present an inspection certificate, and the11060
stamping of the inspection certificate by the official issuing the11061
certificate of registration apply to the registration of and11062
issuance of license plates for a motor vehicle under sections11063
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,11064
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,11065
4503.47, and 4503.51 of the Revised Code.11066

       (2)(a) The registrar shall adopt rules ensuring that each11067
owner registering a motor vehicle in a county where a motor11068
vehicle inspection and maintenance program is in effect under11069
section 3704.14 of the Revised Code and rules adopted under it11070
receives information about the requirements established in that11071
section and those rules and about the need in those counties to11072
present an inspection certificate with an application for11073
registration or preregistration.11074

       (b) Upon request, the registrar shall provide the director11075
of environmental protection, or any person that has been awarded a11076
contract under division (D) of section 3704.14 of the Revised11077
Code, an on-line computer data link to registration information11078
for all passenger cars, noncommercial motor vehicles, and11079
commercial cars that are subject to that section. The registrar11080
also shall provide to the director of environmental protection a11081
magnetic data tape containing registration information regarding11082
passenger cars, noncommercial motor vehicles, and commercial cars11083
for which a multi-year registration is in effect under section11084
4503.103 of the Revised Code or rules adopted under it, including,11085
without limitation, the date of issuance of the multi-year11086
registration, the registration deadline established under rules11087
adopted under section 4503.101 of the Revised Code that was11088
applicable in the year in which the multi-year registration was11089
issued, and the registration deadline for renewal of the11090
multi-year registration.11091

       (J) Application for registration under the international11092
registration plan, as set forth in sections 4503.60 to 4503.66 of11093
the Revised Code, shall be made to the registrar on forms11094
furnished by the registrar. In accordance with international11095
registration plan guidelines and pursuant to rules adopted by the11096
registrar, the forms shall include the following:11097

       (1) A uniform mileage schedule;11098

       (2) The gross vehicle weight of the vehicle or combined11099
gross vehicle weight of the combination vehicle as declared by the11100
registrant;11101

       (3) Any other information the registrar requires by rule.11102

       Sec. 4503.102.  (A) The registrar of motor vehicles shall11103
adopt rules to establish a centralized system of motor vehicle11104
registration renewal by mail or by electronic means. Any person11105
owning a motor vehicle that was registered in the person's name11106
during the preceding registration year shall renew the11107
registration of the motor vehicle not more than ninety days prior11108
to the expiration date of the registration either by mail or by11109
electronic means through the centralized system of registration11110
established under this section, or in person at any office of the11111
registrar or at a deputy registrar's office.11112

       (B)(1) No less than forty-five days prior to the expiration11113
date of any motor vehicle registration, the registrar shall mail a11114
renewal notice to the person in whose name the motor vehicle is11115
registered. The renewal notice shall clearly state that the11116
registration of the motor vehicle may be renewed by mail or11117
electronic means through the centralized system of registration or11118
in person at any office of the registrar or at a deputy11119
registrar's office and shall be preprinted with information11120
including, but not limited to, the owner's name and residence11121
address as shown in the records of the bureau of motor vehicles, a11122
brief description of the motor vehicle to be registered, notice of11123
the license taxes and fees due on the motor vehicle, the toll-free11124
telephone number of the registrar as required under division11125
(D)(1) of section 4503.031 of the Revised Code, and any additional11126
information the registrar may require by rule. The renewal notice11127
shall be sent by regular mail to the owner's last known address as11128
shown in the records of the bureau of motor vehicles.11129

       (2) If the application for renewal of the registration of a11130
motor vehicle is prohibited from being accepted by the registrar11131
or a deputy registrar by division (D) of section 2935.27, division11132
(A) of section 2937.221, division (A) of section 4503.13, division11133
(B) of section 4507.1684510.22, or division (B)(1) of section11134
4521.10 of the Revised Code, the registrar is not required to send11135
a renewal notice to the vehicle owner or vehicle lessee.11136

       (C) The owner of the motor vehicle shall verify the11137
information contained in the notice, sign it either manually or by11138
electronic means, and return it, either by mail or electronic11139
means, or the owner may take it in person to any office of the11140
registrar or of a deputy registrar, together with a financial11141
transaction device number, when permitted by rule of the11142
registrar, check, or money order in the amount of the registration11143
taxes and fees payable on the motor vehicle and a mail fee of two11144
dollars and seventy-five cents commencing on July 1, 2001, three11145
dollars and twenty-five cents commencing on January 1, 2003, and11146
three dollars and fifty cents commencing on January 1, 2004, plus11147
postage as indicated on the notice, if the registration is renewed11148
by mail, and an inspection certificate for the motor vehicle as11149
provided in section 3704.14 of the Revised Code. If the motor11150
vehicle owner chooses to renew the motor vehicle registration by11151
electronic means, the owner shall proceed in accordance with the11152
rules the registrar adopts.11153

       (D) If all registration and transfer fees for the motor11154
vehicle for the preceding year or the preceding period of the11155
current registration year have not been paid, if division (D) of11156
section 2935.27, division (A) of section 2937.221, division (A) of11157
section 4503.13, division (B) of section 4507.1684510.22, or11158
division (B)(1) of section 4521.10 of the Revised Code prohibits11159
acceptance of the renewal notice, or if the owner or lessee does11160
not have an inspection certificate for the motor vehicle as11161
provided in section 3704.14 of the Revised Code, if that section11162
is applicable, the license shall be refused, and the registrar or11163
deputy registrar shall so notify the owner. This section does not11164
require the payment of license or registration taxes on a motor11165
vehicle for any preceding year, or for any preceding period of a11166
year, if the motor vehicle was not taxable for that preceding year11167
or period under section 4503.02, 4503.04, 4503.11, 4503.12, or11168
4503.16 or Chapter 4504. of the Revised Code.11169

       (E)(1) Failure to receive a renewal notice does not relieve11170
a motor vehicle owner from the responsibility to renew the11171
registration for the motor vehicle. Any person who has a motor11172
vehicle registered in this state and who does not receive a11173
renewal notice as provided in division (B) of this section prior11174
to the expiration date of the registration shall request an11175
application for registration from the registrar or a deputy11176
registrar and sign the application manually or by electronic means11177
and submit the application and pay any applicable license taxes11178
and fees to the registrar or deputy registrar.11179

       (2) If the owner of a motor vehicle submits an application11180
for registration and the registrar is prohibited by division (D)11181
of section 2935.27, division (A) of section 2937.221, division (A)11182
of section 4503.13, division (B) of section 4507.1684510.22, or11183
division (B)(1) of section 4521.10 of the Revised Code from11184
accepting the application, the registrar shall return the11185
application and the payment to the owner. If the owner of a motor11186
vehicle submits a registration renewal application to the11187
registrar by electronic means and the registrar is prohibited from11188
accepting the application as provided in this division, the11189
registrar shall notify the owner of this fact and deny the11190
application and return the payment or give a credit on the11191
financial transaction device account of the owner in the manner11192
the registrar prescribes by rule adopted pursuant to division (A)11193
of this section.11194

       (F) Every deputy registrar shall post in a prominent place11195
at the deputy's office a notice informing the public of the mail11196
registration system required by this section and also shall post a11197
notice that every owner of a motor vehicle and every chauffeur11198
holding a certificate of registration is required to notify the11199
registrar in writing of any change of residence within ten days11200
after the change occurs. The notice shall be in such form as the11201
registrar prescribes by rule.11202

       (G) The two dollars and seventy-five cents fee collected11203
from July 1, 2001, through December 31, 2002, the three dollars11204
and twenty-five cents fee collected from January 1, 2003, through11205
December 31, 2003, and the three dollars and fifty cents fee11206
collected after January 1, 2004, plus postage and any financial11207
transaction device surcharge collected by the registrar for11208
registration by mail, shall be paid to the credit of the state11209
bureau of motor vehicles fund established by section 4501.25 of11210
the Revised Code.11211

       (H) Pursuant to section 113.40 of the Revised Code, the11212
registrar may implement a program permitting payment of motor11213
vehicle registration taxes and fees, driver's license and11214
commercial driver's license fees, and any other taxes, fees,11215
penalties, or charges imposed or levied by the state by means of a11216
financial transaction device. The registrar may adopt rules as11217
necessary for this purpose.11218

       (I) For persons who reside in counties where tailpipe11219
emissions inspections are required under the motor vehicle11220
inspection and maintenance program, the notice required by11221
division (B) of this section shall also include the toll-free11222
telephone number maintained by the Ohio environmental protection11223
agency to provide information concerning the locations of11224
emissions testing centers.11225

       Sec. 4503.11.  (A) Except as provided by sections 4503.103,11226
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised Code, no11227
person who is the owner or chauffeur of a motor vehicle operated11228
or driven upon the public roads or highways shall fail to file11229
annually the application for registration or to pay the tax11230
therefor.11231

       (B) Except as provided by sections 4503.12 and 4503.16 of11232
the Revised Code, the taxes payable on all applications made under11233
sections 4503.10 and 4503.102 of the Revised Code shall be the sum11234
of the tax due under division (B)(1)(a) or (b) of this section11235
plus the tax due under division (B)(2)(a) or (b) of this section:11236

       (1)(a) If the application is made before the second month of11237
the current registration period to which the motor vehicle is11238
assigned as provided in section 4503.101 of the Revised Code, the11239
tax due is the full amount of the tax provided in section 4503.0411240
of the Revised Code;11241

       (b) If the application is made during or after the second11242
month of the current registration period to which the motor11243
vehicle is assigned as provided in section 4503.101 of the Revised11244
Code, and prior to the beginning of the next such registration11245
period, the amount of the tax provided in section 4503.04 of the11246
Revised Code shall be reduced by one-twelfth of the amount of such11247
tax, rounded upward to the nearest cent, multiplied by the number11248
of full months that have elapsed in the current registration11249
period. The resulting amount shall be rounded upward to the next11250
highest dollar and shall be the amount of tax due.11251

       (2)(a) If the application is made before the sixth month of11252
the current registration period to which the motor vehicle is11253
assigned as provided in section 4503.101 of the Revised Code, the11254
amount of tax due is the full amount of local motor vehicle11255
license taxes levied under Chapter 4504. of the Revised Code;11256

       (b) If the application is made during or after the sixth11257
month of the current registration period to which the motor11258
vehicle is assigned as provided in section 4503.101 of the Revised11259
Code and prior to the beginning of the next such registration11260
period, the amount of tax due is one-half of the amount of local11261
motor vehicle license taxes levied under Chapter 4504. of the11262
Revised Code.11263

       (C)Whoever violates this section is guilty of a misdemeanor11264
of the fourth degree.11265

       Sec. 4503.12. (A) Upon the transfer of ownership of a motor11266
vehicle, the registration of the motor vehicle expires and the11267
original owner immediately shall remove the license plates from11268
the motor vehicle, except that:11269

       (A)(1) If a statutory merger or consolidation results in the11270
transfer of ownership of a motor vehicle from a constituent11271
corporation to the surviving corporation, or if the incorporation11272
of a proprietorship or partnership results in the transfer of11273
ownership of a motor vehicle from the proprietorship or11274
partnership to the corporation, the registration shall be11275
continued upon the filing by the surviving or new corporation,11276
within thirty days of such transfer, of an application for an11277
amended certificate of registration, unless such registration is11278
prohibited by division (D) of section 2935.27, division (A) of11279
section 2937.221, division (B) of section 4507.1684510.22, or11280
division (B)(1) of section 4521.10 of the Revised Code. The11281
application shall be accompanied by a service fee of two dollars11282
and seventy-five cents commencing on July 1, 2001, three dollars11283
and twenty-five cents commencing on January 1, 2003, and three11284
dollars and fifty cents commencing on January 1, 2004, a transfer11285
fee of one dollar, and the original certificate of registration.11286
Upon a proper filing, the registrar of motor vehicles shall issue11287
an amended certificate of registration in the name of the new11288
owner.11289

       (B)(2) If the death of the owner of a motor vehicle results11290
in the transfer of ownership of the motor vehicle to the surviving11291
spouse of the owner or if a motor vehicle is owned by two persons11292
under joint ownership with right of survivorship established under11293
section 2106.17 of the Revised Code and one of those persons dies,11294
the registration shall be continued upon the filing by the11295
surviving spouse of an application for an amended certificate of11296
registration, unless such registration is prohibited by division11297
(D) of section 2935.27, division (A) of section 2937.221, division11298
(A) of section 4503.13, division (B) of section 4507.1684510.22,11299
or division (B)(1) of section 4521.10 of the Revised Code. The11300
application shall be accompanied by a service fee of two dollars11301
and seventy-five cents commencing on July 1, 2001, three dollars11302
and twenty-five cents commencing on January 1, 2003, and three11303
dollars and fifty cents commencing on January 1, 2004, a transfer11304
fee of one dollar, the original certificate of registration, and,11305
in relation to a motor vehicle that is owned by two persons under11306
joint ownership with right of survivorship established under11307
section 2106.17 of the Revised Code, by a copy of the certificate11308
of title that specifies that the vehicle is owned under joint11309
ownership with right of survivorship. Upon a proper filing, the11310
registrar shall issue an amended certificate of registration in11311
the name of the surviving spouse.11312

       (C)(3) If the original owner of a motor vehicle that has11313
been transferred makes application for the registration of another11314
motor vehicle at any time during the remainder of the registration11315
period for which the transferred motor vehicle was registered, the11316
owner, unless such registration is prohibited by division (D) of11317
section 2935.27, division (A) of section 2937.221, division (A) of11318
section 4503.13, division (E)(D) of section 4503.234, division (B)11319
of section 4507.1684510.22, or division (B)(1) of section 4521.1011320
of the Revised Code, may file an application for transfer of the11321
registration and, where applicable, the license plates,11322
accompanied by a service fee of two dollars and seventy-five11323
cents commencing on July 1, 2001, three dollars and twenty-five11324
cents commencing on January 1, 2003, and three dollars and fifty11325
cents commencing on January 1, 2004, a transfer fee of one dollar,11326
and the original certificate of registration. The transfer of the11327
registration and, where applicable, the license plates from the11328
motor vehicle for which they originally were issued to a11329
succeeding motor vehicle purchased by the same person in whose11330
name the original registration and license plates were issued11331
shall be done within a period not to exceed thirty days. During11332
that thirty-day period, the license plates from the motor vehicle11333
for which they originally were issued may be displayed on the11334
succeeding motor vehicle, and the succeeding motor vehicle may be11335
operated on the public roads and highways in this state.11336

       At the time of application for transfer, the registrar shall11337
compute and collect the amount of tax due on the succeeding motor11338
vehicle, based upon the amount that would be due on a new11339
registration as of the date on which the transfer is made less a11340
credit for the unused portion of the original registration11341
beginning on that date. If the credit exceeds the amount of tax11342
due on the new registration, no refund shall be made. In11343
computing the amount of tax due and credits to be allowed under11344
this division, the provisions of division (B)(1)(a) and (b) of11345
section 4503.11 of the Revised Code shall apply. As to passenger11346
cars, noncommercial vehicles, motor homes, and motorcycles,11347
transfers within or between these classes of motor vehicles only11348
shall be allowed. If the succeeding motor vehicle is of a11349
different class than the motor vehicle for which the registration11350
originally was issued, new license plates also shall be issued11351
upon the surrender of the license plates originally issued and11352
payment of the fees provided in divisions (C) and (D) of section11353
4503.10 of the Revised Code.11354

       (D)(4) The owner of a commercial car having a gross vehicle11355
weight or combined gross vehicle weight of more than ten thousand11356
pounds may transfer the registration of that commercial car to11357
another commercial car the owner owns without transferring11358
ownership of the first commercial car, unless registration of the11359
second commercial car is prohibited by division (D) of section11360
2935.27, division (A) of section 2937.221, division (A) of section11361
4503.13, division (B) of section 4507.1684510.22, or division11362
(B)(1) of section 4521.10 of the Revised Code. At any time during11363
the remainder of the registration period for which the first11364
commercial car was registered, the owner may file an application11365
for the transfer of the registration and, where applicable, the11366
license plates, accompanied by a service fee of two dollars and 11367
seventy-five cents commencing on July 1, 2001, three dollars and11368
twenty-five cents commencing on January 1, 2003, and three dollars11369
and fifty cents commencing on January 1, 2004, a transfer fee of11370
one dollar, and the certificate of registration of the first11371
commercial car. The amount of any tax due or credit to be allowed11372
for a transfer of registration under this division shall be11373
computed in accordance with division (C)(A)(3) of this section.11374

       No commercial car to which a registration is transferred11375
under this division shall be operated on a public road or highway11376
in this state until after the transfer of registration is11377
completed in accordance with this division.11378

       (E)(5) Upon application to the registrar or a deputy11379
registrar, a person who owns or leases a motor vehicle may11380
transfer special license plates assigned to that vehicle to any11381
other vehicle that the person owns or leases or that is owned or11382
leased by the person's spouse. The application shall be11383
accompanied by a service fee of two dollars and seventy-five11384
cents commencing on July 1, 2001, three dollars and twenty-five11385
cents commencing on January 1, 2003, and three dollars and fifty11386
cents commencing on January 1, 2004, a transfer fee of one dollar,11387
and the original certificate of registration. As appropriate, the11388
application also shall be accompanied by a power of attorney for11389
the registration of a leased vehicle and a written statement11390
releasing the special plates to the applicant. Upon a proper11391
filing, the registrar or deputy registrar shall assign the special11392
license plates to the motor vehicle owned or leased by the11393
applicant and issue a new certificate of registration for that11394
motor vehicle.11395

       (B) Whoever violates this section is guilty of a misdemeanor11396
of the fourth degree.11397

       (C) As used in division (E)(A)(5) of this section, "special11398
license plates" means either of the following:11399

       (1) Any license plates for which the person to whom the11400
license plates are issued must pay an additional fee in excess of11401
the fees prescribed in section 4503.04 of the Revised Code,11402
Chapter 4504. of the Revised Code, and the service fee prescribed11403
in division (D) or (G) of section 4503.10 of the Revised Code;11404

       (2) License plates issued under section 4503.44 of the11405
Revised Code.11406

       Sec. 4503.182.  (A) A purchaser of a motor vehicle, upon11407
application and proof of purchase of the vehicle, may be issued a11408
temporary license placard or windshield sticker for the motor11409
vehicle.11410

       The purchaser of a vehicle applying for a temporary license11411
placard or windshield sticker under this section shall execute an11412
affidavit stating that the purchaser has not been issued11413
previously during the current registration year a license plate11414
that could legally be transferred to the vehicle.11415

       Placards or windshield stickers shall be issued only for the11416
applicant's use of the vehicle to enable the applicant to legally11417
operate the motor vehicle while proper title, license plates, and11418
a certificate of registration are being obtained, and shall be11419
displayed on no other motor vehicle.11420

       Placards or windshield stickers issued under this section are11421
valid for a period of thirty days from date of issuance and are11422
not transferable or renewable.11423

       The fee for the placards or windshield stickers is two11424
dollars plus a deputy registrar service fee of two dollars and 11425
seventy-five cents commencing on July 1, 2001, three dollars and11426
twenty-five cents commencing on January 1, 2003, and three dollars11427
and fifty cents commencing on January 1, 2004, for each placard11428
issued by a deputy registrar.11429

       (B) The registrar of motor vehicles may issue to a motorized11430
bicycle dealer or a licensed motor vehicle dealer temporary11431
license placards to be issued to purchasers for use on vehicles11432
sold by the dealer, in accordance with rules prescribed by the11433
registrar. The dealer shall notify the registrar, within11434
forty-eight hours, of the issuance of a placard by electronic11435
means via computer equipment purchased and maintained by the11436
dealer or in any other manner prescribed by the registrar.11437

       The fee for each placard issued by the registrar to a11438
licensed motor vehicle dealer is two dollars plus a fee of two11439
dollars and seventy-five cents commencing on July 1, 2001, three11440
dollars and twenty-five cents commencing on January 1, 2003, and11441
three dollars and fifty cents commencing on January 1, 2004.11442

       (C) The registrar of motor vehicles, at the registrar's11443
discretion, may issue a temporary license placard. Such a placard11444
may be issued in the case of extreme hardship encountered by a11445
citizen from this state or another state who has attempted to11446
comply with all registration laws, but for extreme circumstances11447
is unable to properly register the citizen's vehicle.11448

       (D) The registrar shall adopt rules, in accordance with11449
division (B) of section 111.15 of the Revised Code, to specify the11450
procedures for reporting the information from applications for11451
temporary license placards and windshield stickers and for11452
providing the information from these applications to law11453
enforcement agencies.11454

       (E) Temporary license placards issued under this section11455
shall bear a distinctive combination of seven letters, numerals,11456
or letters and numerals, and shall incorporate a security feature11457
that, to the greatest degree possible, prevents tampering with any11458
of the information that is entered upon a placard when it is11459
issued.11460

       (F) Whoever violates division (A) of this section is guilty11461
of a misdemeanor of the fourth degree. Whoever violates division11462
(B) of this section is guilty of a misdemeanor of the first11463
degree.11464

       (G) As used in this section, "motorized bicycle dealer" means11465
any person engaged in the business of selling at retail,11466
displaying, offering for sale, or dealing in motorized bicycles11467
who is not subject to section 4503.09 of the Revised Code.11468

       Sec. 4503.19. (A) Upon the filing of an application for11469
registration and the payment of the tax for registration, the11470
registrar of motor vehicles or a deputy registrar shall determine11471
whether the owner previously has been issued license plates for11472
the motor vehicle described in the application. If no license11473
plates previously have been issued to the owner for that motor11474
vehicle, the registrar or deputy registrar shall assign to the11475
motor vehicle a distinctive number and issue and deliver to the11476
owner in the manner that the registrar may select a certificate of11477
registration, in the form that the registrar shall prescribe, and,11478
except as otherwise provided in this section, two license plates,11479
duplicates of each other, and a validation sticker, or a11480
validation sticker alone, to be attached to the number plates as11481
provided in section 4503.191 of the Revised Code. The registrar11482
or deputy registrar also shall charge the owner any fees required11483
under division (C) of section 4503.10 of the Revised Code.11484
Trailers, manufactured homes, mobile homes, semitrailers, the11485
manufacturer thereof, the dealer, or in transit companies therein,11486
shall be issued one license plate only and one validation sticker,11487
or a validation sticker alone, and the license plate and11488
validation sticker shall be displayed only on the rear of such11489
vehicles. A commercial tractor that does not receive an11490
apportioned license plate under the international registration11491
plan shall be issued two license plates and one validation11492
sticker, and the validation sticker shall be displayed on the11493
front of the commercial tractor. An apportioned vehicle receiving11494
an apportioned license plate under the international registration11495
plan shall be issued one license plate only and one validation11496
sticker, or a validation sticker alone; the license plate shall be11497
displayed only on the front of a semitractor and on the rear of11498
all other vehicles. School buses shall not be issued license11499
plates but shall bear identifying numbers in the manner prescribed11500
by section 4511.764 of the Revised Code. The certificate of11501
registration and license plates and validation stickers, or11502
validation stickers alone, shall be issued and delivered to the11503
owner in person or by mail. Chauffeured limousines shall be11504
issued license plates, a validation sticker, and a livery sticker11505
as provided in section 4503.24 of the Revised Code. In the event11506
of the loss, mutilation, or destruction of any certificate of11507
registration, or of any license plates or validation stickers, or11508
if the owner chooses to replace license plates previously issued11509
for a motor vehicle, or if the registration certificate and11510
license plates have been impounded as provided by division11511
(F)(B)(1) of section 4507.02 and division (A)(4) of section11512
4507.16 of the Revised Code, the owner of a motor vehicle, or11513
manufacturer or dealer, may obtain from the registrar, or from a11514
deputy registrar if authorized by the registrar, a duplicate11515
thereof or new license plates bearing a different number, if the11516
registrar considers it advisable, upon filing an application11517
prescribed by the registrar, and upon paying a fee of one dollar11518
for such certificate of registration, a fee of two dollars for11519
each set of two license plates, or one dollar for each single11520
license plate or validation sticker. In addition, each applicant11521
for a replacement certificate of registration, license plate, or11522
validation sticker shall pay the fees provided in divisions (C)11523
and (D) of section 4503.10 of the Revised Code.11524

       Additionally, the registrar and each deputy registrar who11525
either issues license plates and a validation sticker for use on11526
any vehicle other than a commercial tractor, semitrailer, or11527
apportioned vehicle, or who issues a validation sticker alone for11528
use on such a vehicle and the owner has changed the owner's county11529
of residence since the owner last was issued county identification11530
stickers, also shall issue and deliver to the owner either one or11531
two county identification stickers, as appropriate, which shall be11532
attached to the license plates in a manner prescribed by the11533
director of public safety. The county identification stickers11534
shall identify prominently by name or number the county in which11535
the owner of the vehicle resides at the time of registration.11536

       (B)Whoever violates this section is guilty of a minor11537
misdemeanor.11538

       Sec. 4503.21. (A) No person who is the owner or operator of11539
a motor vehicle shall fail to display in plain view on the front11540
and rear of the motor vehicle the distinctive number and11541
registration mark, including any county identification sticker and11542
any validation sticker issued under sections 4503.19 and 4503.19111543
of the Revised Code, furnished by the director of public safety,11544
except that a manufacturer of motor vehicles or dealer therein,11545
the holder of an in transit permit, and the owner or operator of a11546
motorcycle, motorized bicycle, manufactured home, mobile home,11547
trailer, or semitrailer shall display on the rear only. A motor11548
vehicle that is issued two license plates shall display the11549
validation sticker only on the rear license plate, except that a11550
commercial tractor that does not receive an apportioned license11551
plate under the international registration plan shall display the11552
validation sticker on the front of the commercial tractor. An11553
apportioned vehicle receiving an apportioned license plate under11554
the international registration plan shall display the license11555
plate only on the front of a commercial tractor and on the rear of11556
all other vehicles. All license plates shall be securely fastened11557
so as not to swing, and shall not be covered by any material that11558
obstructs their visibility.11559

       No person to whom a temporary license placard or windshield11560
sticker has been issued for the use of a motor vehicle under11561
section 4503.182 of the Revised Code, and no operator of that11562
motor vehicle, shall fail to display the temporary license placard11563
in plain view from the rear of the vehicle either in the rear11564
window or on an external rear surface of the motor vehicle, or11565
fail to display the windshield sticker in plain view on the rear11566
window of the motor vehicle. No temporary license placard or11567
windshield sticker shall be covered by any material that obstructs11568
its visibility.11569

       (B)Whoever violates this section is guilty of a minor11570
misdemeanor.11571

       Sec. 4503.231. (A) No motor vehicle registered in the name11572
of a person whose certificate of registration and identification11573
license plates have been impounded as provided by division11574
(F)(B)(1) of section 4507.02 of the Revised Code, shall be11575
operated or driven on any highway in this state unless it displays11576
identificationrestricted license plates whichthat are a11577
different color from those regularly issued and carry a special11578
serial number that may be readily identified by law enforcement11579
officers. The registrar of motor vehicles shall designate the11580
color and serial number to be used on suchrestricted license11581
plates, which shall remain the same from year to year and shall11582
not be displayed on any other motor vehicles.11583

       The bureau of motor vehicles shall adopt rules providing for11584
the decentralization of the issuance of identificationrestricted11585
license plates under this section. The rules shall provide for11586
the issuance of the identificationrestricted license plates by at11587
least one agency in each county.11588

       No person operating a motor vehicle displaying restricted11589
license plates as described in this division shall knowingly11590
disguise or obscure the color of the restricted plate.11591

       (B) If a person has been granted limited driving privileges11592
with a condition of the privileges being that the person must11593
display on the vehicle that is driven under the privileges11594
restricted license plates that are described in this section, all11595
of the following apply:11596

       (1) If a motor vehicle to be driven under the limited11597
driving privileges is owned by the person's employer and if the11598
person is required to operate that motor vehicle in the course and11599
scope of the person's employment, the person may operate that11600
vehicle without displaying on that vehicle restricted license11601
plates that are issued under this section if the employer has been11602
notified that the person has limited drivingprivileges and of the11603
nature of the restriction and if the person has proof of the11604
employer's notification in the person's possession while operating11605
the employer's vehicle for normal business duties. A motor11606
vehicle owned by a business that is partly or entirely owned or11607
controlled by the person with the limited driving privileges is11608
not a motor vehicle owned by an employer, for purposes of this11609
division.11610

       (2) If a motor vehicle to be driven under the limited11611
driving privileges is registered in a state other than this state,11612
instead of displaying on that vehicle restricted license plates11613
that are issued under this section, the person with the limited11614
driving privileges shall display on the vehicle a decal, as11615
prescribed by the registrar of motor vehicles, that states that11616
the vehicle is subject to limited driving privileges in this state11617
and that describes the restriction. The decal shall be displayed11618
on the bottom left cornerof the back window of the vehicle or, if11619
there is no back window, on the bottom left corner of the11620
windshield of the vehicle. The bureau of motor vehicles shall11621
adopt rules providing for the decentralization of the issuance of11622
the decals described in this division, with the rules providing11623
for the issuance of the decals by at least one agency in each11624
county.11625

       (C) Whoever violates this section is guilty of a minor11626
misdemeanor.11627

       Sec. 4503.233.  (A)(1) As used in this section, "vehicle11628
owner" means either of the following:11629

       (a) The person in whose name is registered, at the time of11630
the offense, a vehicle that is subject to an immobilization order11631
issued under division (A)(2) of this section;11632

       (b) A person to whom, at the time of the offense, the11633
certificate of title to a vehicle has been assigned and who has11634
not obtained a certificate of title to the vehicle in that11635
person's name but who is deemed by the court as being the owner of11636
the vehicle at the time of the offense for which the vehicle is11637
subject to an immobilization order issued under division (A)(2) of11638
this section.11639

       (2) If a court is required to order the immobilization of a11640
vehicle for a specified period of time pursuant to division (B)(1)11641
or (2), (C)(1) or (2), or (E)(1) of section 4507.99, pursuant to11642
division (A)(2)(b),, (6)(b), or (7)(b) of section 4511.99,11643
pursuant to division (B)(1) or (2) or (C)(1) or (2) of section11644
4507.361, or pursuant to division (B)(2)(i) or (ii) of section11645
4510.11,4510.14,4510.16,4510.41,4511.19, 4511.193,or4511.20311646
of the Revised Code, the court shall issue an immobilization11647
order, subject to section 4503.235 of the Revised Code, in11648
accordance with this division and for the period of time specified11649
in the particular divisionsection, and the immobilization under11650
the order shall be in accordance with this section. The court, at11651
the time of sentencing the offender for the offense relative to11652
which the immobilization order is issued or as soon thereafter as11653
is practicable, shall give a copy of the order to the offender or11654
the offender's counsel and to the vehicle owner or the vehicle11655
owner's counsel. The court promptly shall send a copy of the11656
order to the registrar on a form prescribed by the registrar and11657
to the person or agency it designates to execute the order.11658

       The order shall indicate the date on which it is issued,11659
shall identify the vehicle that is subject to the order, and shall11660
specify all of the following:11661

       (a) The period of the immobilization;11662

       (b) The place at which the court determines that the11663
immobilization shall be carried out, provided that the court shall11664
not determine and shall not specify that the immobilization is to11665
be carried out at any place other than a commercially operated11666
private storage lot, a place owned by a law enforcement or other11667
government agency, or a place to which one of the following11668
applies:11669

       (i) The place is leased by or otherwise under the control of11670
a law enforcement or other government agency.11671

       (ii) The place is owned by the offender, the offender's11672
spouse, or a parent or child of the offender.11673

       (iii) The place is owned by a private person or entity, and,11674
prior to the issuance of the order, the private entity or person11675
that owns the place, or the authorized agent of that private11676
entity or person, has given express written consent for the11677
immobilization to be carried out at that place.11678

       (iv) The place is a public street or highway on which the11679
vehicle is parked in accordance with the law.11680

       (c) The person or agency designated by the court to execute11681
the order, which shall be either the law enforcement agency that11682
employs the law enforcement officer who seized the vehicle, a11683
bailiff of the court, another person the court determines to be11684
appropriate to execute the order, or the law enforcement agency11685
with jurisdiction over the place of residence of the vehicle11686
owner;11687

       (d) That neither the registrar nor a deputy registrar will11688
be permitted to accept an application for the license plate11689
registration of any motor vehicle in the name of the vehicle owner11690
until the immobilization fee is paid.11691

       (3)(2) The person or agency the court designates to11692
immobilize the vehicle shall seize or retain that vehicle's11693
license plates and forward them to the bureau of motor vehicles.11694

       (4)(3) In all cases, the vehicle owneroffender shall be11695
assessed an immobilization fee of one hundred dollars, and the11696
immobilization fee shall be paid to the registrar before the11697
vehicle may be released to the vehicle owneroffender Neither the11698
registrar nor a deputy registrar shall accept an application for11699
the registration of any motor vehicle in the name of the vehicle11700
owneroffender until the immobilization fee is paid.11701

       (5)(4) If the vehicle subject to the order is immobilized11702
pursuant to the order and is found being operated upon any street11703
or highway in this state during the immobilization period, it11704
shall be seized, removed from the street or highway, and11705
criminally forfeited and disposed of pursuant to section 4503.23411706
of the Revised Code.11707

       (6)(5) The registrar shall deposit the immobilization fee11708
into the law enforcement reimbursement fund created by section11709
4501.19 of the Revised Code. Money in the fund shall be expended11710
only as provided in division (A)(6)(5) of this section. If the11711
court designated in the order a court bailiff or another11712
appropriate person other than a law enforcement officer to11713
immobilize the vehicle, the amount of the fee deposited into the11714
law enforcement reimbursement fund shall be paid out to the county11715
treasury if the court that issued the order is a county court, to11716
the treasury of the municipal corporation served by the court if11717
the court that issued the order is a mayor's court, or to the city11718
treasury of the legislative authority of the court, both as11719
defined in section 1901.03 of the Revised Code, if the court that11720
issued the order is a municipal court. If the court designated a11721
law enforcement agency to immobilize the vehicle and if the law11722
enforcement agency immobilizes the vehicle, the amount of the fee11723
deposited into the law enforcement reimbursement fund shall be11724
paid out to the law enforcement agency to reimburse the agency for11725
the costs it incurs in obtaining immobilization equipment and, if11726
required, in sending an officer or other person to search for and11727
locate the vehicle specified in the immobilization order and to11728
immobilize the vehicle.11729

       In addition to the immobilization fee required to be paid11730
under division (A)(4)(3) of this section, the vehicle owner11731
offender may be charged expenses or charges incurred in the11732
removal and storage of the immobilized vehicle.11733

       (B) If a court issues an immobilization order under division11734
(A)(2)(1) of this section, the person or agency designated by the11735
court to execute the immobilization order promptly shall11736
immobilize or continue the immobilization of the vehicle at the11737
place specified by the court in the order. The registrar shall11738
not authorize the release of the vehicle or authorize the issuance11739
of new identification license plates for the vehicle at the end of11740
the immobilization period until the immobilization fee has been11741
paid.11742

       (C) Upon receipt of the license plates for a vehicle under11743
this section, the registrar shall destroy the license plates. At11744
the end of the immobilization period and upon the payment of the11745
immobilization fee that must be paid under this section, the11746
registrar shall authorize the release of the vehicle and authorize11747
the issuance, upon the payment of the same fee as is required for11748
the replacement of lost, mutilated, or destroyed license plates11749
and certificates of registration, of new license plates and, if11750
necessary, a new certificate of registration to the vehicle owner11751
offender for the vehicle in question.11752

       (D)(1) If a court issues an immobilization order under11753
division (A) of this section, the immobilization period commences11754
on the day on which the vehicle in question is immobilized. If11755
the vehicle in question had been seized under section 4507.3811756
4510.41 or 4511.195 of the Revised Code, the time between the11757
seizure and the beginning of the immobilization period shall be11758
credited against the immobilization period specified in the11759
immobilization order issued under division (A) of this section. No11760
vehicle that is impoundedimmobilized under this section is11761
eligible to have specialrestricted license plates of the type11762
described inunder section 4503.231 of the Revised Code issued for11763
that vehicle.11764

       (2) If a court issues an immobilization order under division11765
(A) of this section, if the vehicle subject to the order is11766
immobilized under the order, and if the vehicle is found being11767
operated upon any street or highway of this state during the11768
immobilization period, it shall be seized, removed from the street11769
or highway, and criminally forfeited, and disposed of pursuant to11770
section 4503.234 of the Revised Code. No vehicle that is11771
forfeited under this provision shall be considered contraband for11772
purposes of section 2933.41, 2933.42, or 2933.43 of the Revised11773
Code, but shall be held by the law enforcement agency that employs11774
the officer who seized it for disposal in accordance with section11775
4503.234 of the Revised Code.11776

       (3) If a court issues an immobilization order under division11777
(A) of this section, and if the vehicle is not claimed within11778
seven days after the end of the period of immobilization or if the11779
vehicle owneroffender has not paid the immobilization fee, the11780
person or agency that immobilized the vehicle shall send a written11781
notice to the vehicle owneroffender at the vehicle owner's11782
offender's last known address informing the vehicle owneroffender11783
of the date on which the period of immobilization ended, that the11784
vehicle owneroffender has twenty days after the date of the11785
notice to pay the immobilization fee and obtain the release of the11786
vehicle, and that if the vehicle owneroffender does not pay the11787
fee and obtain the release of the vehicle within that twenty-day11788
period, the vehicle will be forfeited under section 4503.234 of11789
the Revised Code to the entity that is entitled to the11790
immobilization fee.11791

       (4) An owner of aoffender whose motor vehicle that is11792
subject to an immobilization order issued under division (A) of11793
this section shall not sell the motor vehicle without approval of11794
the court that issued the order. If such an owneroffender wishes11795
to sell the motor vehicle during the immobilization period, the11796
owneroffender shall apply to the court that issued the11797
immobilization order for permission to assign the title to the11798
vehicle. If the court is satisfied that the sale will be in good11799
faith and not for the purpose of circumventing the provisions of11800
division (A)(2)(1) of this section, it may certify its consent to11801
the owneroffender and to the registrar. Upon receipt of the11802
court's consent, the registrar shall enter the court's notice in11803
the owner'soffender's vehicle license plate registration record.11804

       If, during a period of immobilization under an immobilization11805
order issued under division (A) of this section, the title to the11806
immobilized motor vehicle is transferred by the foreclosure of a11807
chattel mortgage, a sale upon execution, the cancellation of a11808
conditional sales contract, or an order of a court, the involved11809
court shall notify the registrar of the action, and the registrar11810
shall enter the court's notice in the owner'soffender's vehicle11811
license plate registration record.11812

       Nothing in this section shall be construed as requiring the11813
registrar or the clerk of the court of common pleas to note upon11814
the certificate of title records any prohibition regarding the11815
sale of a motor vehicle.11816

       (5) If the title to a motor vehicle that is subject to an11817
immobilization order under division (A) of this section is11818
assigned or transferred without court approval between the time of11819
arrest of the person who was operating the vehicle at the time of11820
offender who committed the offense for which such an order is to11821
be issued and the time of the actual immobilization of the11822
vehicle, the court shall order that, for a period of two years11823
from the date of the order, neither the registrar nor any deputy11824
registrar shall accept an application for the registration of any11825
motor vehicle in the name of the owner of theoffender whose11826
vehicle that was assigned or transferred without court approval.11827
The court shall notify the registrar of the order on a form11828
prescribed by the registrar for that purpose.11829

       (E)(1) The court with jurisdiction over the case, after11830
notice to all interested parties including lienholders, and after11831
an opportunity for them to be heard, if the vehicle owneroffender11832
fails to appear in person, without good cause, or if the court11833
finds that the vehicle owneroffender does not intend to seek11834
release of the vehicle at the end of the period of immobilization11835
or that the vehicle owneroffender is not or will not be able to11836
pay the expenses and charges incurred in its removal and storage,11837
may order that title to the vehicle be transferred, in order of11838
priority, first into the name of the entity entitled to the11839
immobilization fee under division (A)(6)(5) of this section, next11840
into the name of a lienholder, or lastly, into the name of the11841
owner of the place of storage.11842

       A lienholder that receives title under a court order shall do11843
so on the condition that it pay any expenses or charges incurred11844
in the vehicle's removal and storage. If the entity that receives11845
title to the vehicle is the entity that is entitled to the11846
immobilization fee under division (A)(6)(5) of this section, it11847
shall receive title on the condition that it pay any lien on the11848
vehicle. The court shall not order that title be transferred to11849
any person or entity other than the owner of the place of storage11850
if the person or entity refuses to receive the title. Any person11851
or entity that receives title may either keep title to the vehicle11852
or may dispose of the vehicle in any legal manner that it11853
considers appropriate, including assignment of the certificate of11854
title to the motor vehicle to a salvage dealer or a scrap metal11855
processing facility. The person or entity shall not transfer the11856
vehicle to the person who is the vehicle's immediate previous11857
owner.11858

       If the person or entity assigns the motor vehicle to a11859
salvage dealer or scrap metal processing facility, the person or11860
entity shall send the assigned certificate of title to the motor11861
vehicle to the clerk of the court of common pleas of the county in11862
which the salvage dealer or scrap metal processing facility is11863
located. The person or entity shall mark the face of the11864
certificate of title with the words "FOR DESTRUCTION" and shall11865
deliver a photocopy of the certificate of title to the salvage11866
dealer or scrap metal processing facility for its records.11867

       (2) Whenever a court issues an order under division (E)(1)11868
of this section, the court also shall order removal of the license11869
plates from the vehicle and cause them to be sent to the registrar11870
if they have not already been sent to the registrar. Thereafter,11871
no further proceedings shall take place under this section, but11872
the vehicle owneroffender remains liable for payment of the11873
immobilization fee described in division (A)(4)(3) of this section11874
if an immobilization order previously had been issued by the11875
court.11876

       (3) Prior to initiating a proceeding under division (E)(1)11877
of this section, and upon payment of the fee under division (B) of11878
section 4505.14 of the Revised Code, any interested party may11879
cause a search to be made of the public records of the bureau of11880
motor vehicles or the clerk of the court of common pleas, to11881
ascertain the identity of any lienholder of the vehicle. The11882
initiating party shall furnish this information to the clerk of11883
the court with jurisdiction over the case, and the clerk shall11884
provide notice to the vehicle owner, the defendant, any11885
lienholder, and any other interested parties listed by the11886
initiating party, at the last known address supplied by the11887
initiating party, by certified mail or, at the option of the11888
initiating party, by personal service or ordinary mail.11889

       As used in this section, "interested party" includes the11890
vehicle owneroffender, all lienholders, the defendant, the owner11891
of the place of storage, the person or entity that caused the11892
vehicle to be removed, and the person or entity, if any, entitled11893
to the immobilization fee under division (A)(6)(5) of this11894
section.11895

       Sec. 4503.234.  (A) As used in this section, "vehicle owner"11896
means the person in whose name is registered a vehicle that is11897
subject to an order of forfeiture issued under this section.11898

       (B) If a court is required by section 4503.233, 4503.236,11899
4507.361, 4507.99,4510.11, 4510.14, 4510.16, 4510.41, 4511.19,11900
4511.193, or 4511.994511.203 of the Revised Code to order the11901
criminal forfeiture of a vehicle, the order shall be issued and11902
enforced in accordance with this division, subject to division11903
(C)(B) of this section and section 4503.235 of the Revised Code.11904
An order of criminal forfeiture issued under this division shall11905
authorize an appropriate law enforcement agency to seize the11906
vehicle ordered criminally forfeited upon the terms and conditions11907
that the court determines proper. No vehicle ordered criminally11908
forfeited pursuant to this division shall be considered contraband11909
for purposes of section 2933.41, 2933.42, or 2933.43 of the11910
Revised Code, but shall be held by the law enforcement agency that11911
employs the officer who seized it shall hold the vehicle for11912
disposal in accordance with this section. A forfeiture order may11913
be issued only after the vehicle owneroffender has been provided11914
with an opportunity to be heard. The prosecuting attorney shall11915
give the vehicle owneroffender written notice of the possibility11916
of forfeiture by sending a copy of the relevant uniform traffic11917
ticket or other written notice to the vehicle owneroffender not11918
less than seven days prior to the date of issuance of the11919
forfeiture order. A vehicle is subject to an order of criminal11920
forfeiture pursuant to this division upon the conviction of the11921
offender of or plea of guilty by the offender to a violation of11922
division (A) of section 4503.236, division (B)(1) or (D)(2) of11923
section 4507.02, section 4507.334510.11, 4510.14, 4510.16,or11924
4511.203, or division (A) of section 4511.19 of the Revised Code,11925
or a municipal ordinance that is substantially equivalent to11926
division (A) of section 4503.236, division (B)(1) or (D)(2) of11927
section 4507.02, section 4507.33, or division (A) of section11928
4511.19 of the Revised Codeany of those sections or divisions.11929

       (C)(B)(1) Prior to the issuance of an order of criminal11930
forfeiture pursuant to division (B) of this section, the law11931
enforcement agency that employs the law enforcement officer who11932
seized the vehicle shall conduct or cause to be conducted a search11933
of the appropriate public records that relate to the vehicle and11934
shall make or cause to be made reasonably diligent inquiries to11935
identify any lienholder or any person or entity with an ownership11936
interest in the vehicle. The court that is to issue the11937
forfeiture order also shall cause a notice of the potential order11938
relative to the vehicle and of the expected manner of disposition11939
of the vehicle after its forfeiture to be sent to any lienholder11940
or person who is known to the court to have any right, title, or11941
interest in the vehicle. The court shall give the notice by11942
certified mail, return receipt requested, or by personal service.11943

       (2) No order of criminal forfeiture shall be issued pursuant11944
to division (B) of this section if a lienholder or other person11945
with an ownership interest in the vehicle establishes to the11946
court, by a preponderance of the evidence after filing a motion11947
with the court, that the lienholder or other that person neither11948
knew nor should have known after a reasonable inquiry that the11949
vehicle would be used or involved, or likely would be used or11950
involved, in the violation resulting in the issuance of the order11951
of criminal forfeiture or the violation of the order of11952
immobilization issued under section 4503.233 of the Revised Code,11953
that the lienholder or other that person did not expressly or11954
impliedly consent to the use or involvement of the vehicle in that11955
violation, and that the lien or ownership interest was perfected11956
pursuant to law prior to the seizure of the vehicle under section11957
4503.236, 4507.38, or4510.41, 4511.195,or4511.203 of the11958
Revised Code. If the lienholder or holder of the ownership11959
interest satisfies the court that these criteria have been met,11960
the court shall preserve the holder's the lienholder's or other11961
person's lien or interest, and the court either shall return the11962
vehicle to the holder, the holder's or shall order that the the11963
holder's proceeds of any sale held pursuant to division (D)(C)(2)11964
of this section be paid to the lienholder or holder of the11965
interest less the costs of seizure, storage, and maintenance of11966
the vehicle. The court shall not return a vehicle to a lienholder11967
or a holder of an ownership interest under division (C)(2) of this11968
section unless the lienholder or holder submits an affidavit to11969
the court that states that the lienholder or holder will not11970
return the vehicle to the person from whom the vehicle was seized11971
pursuant to the order of criminal forfeiture or to any member of11972
that person's family and will not otherwise knowingly permit that11973
person or any member of that person's family to obtain possession11974
of the vehicle.11975

       (3) No order of criminal forfeiture shall be issued pursuant11976
to division (B) of this section if a person with an interest in11977
the vehicle establishes to the court, by a preponderance of the11978
evidence after filing a motion with the court, that the person11979
neither knew nor should have known after a reasonable inquiry that11980
the vehicle had been used or was involved in the violation11981
resulting in the issuance of the order of criminal forfeiture or11982
the violation of the order of immobilization issued under section11983
4503.233 of the Revised Code, that the person did not expressly or11984
impliedly consent to the use or involvement of the vehicle in that11985
violation, that the interest was perfected in good faith and for11986
value pursuant to law between the time of the arrest of the11987
offender and the final disposition of the criminal charge in11988
question, and that the vehicle was in the possession of the11989
vehicle ownerinterest holder at the time of the perfection of the11990
interest. If the court is satisfied that the interest holder has11991
met these criteria, the court shall preserve the holder's the11992
interest holder's interest, and the court either shall return the11993
vehicle to the interest holder the holder's or order that the the11994
holder's proceeds of any sale held pursuant to division (D)(C) of11995
this section be paid to the holder of the interest less the costs11996
of seizure, storage, and maintenance of the vehicle. The court11997
shall not return a vehicle to an interest holder under division11998
(C)(3) of this section unless the holder submits an affidavit to11999
the court stating that the holder will not return the vehicle to12000
the person from whom the holder acquired the holder's the holder's12001
interest, nor to any member of that person's family, and the12002
holder will not otherwise knowingly permit that person or any12003
member of that person's family to obtain possession of the12004
vehicle.12005

       (D)(C) A vehicle ordered criminally forfeited to the state12006
pursuant to division (B) of this section shall be disposed of as12007
follows:12008

       (1) It shall be given to the law enforcement agency that12009
employs the law enforcement officer who seized the vehicle, if12010
that agency desires to have it;12011

       (2) If a vehicle is not disposed of pursuant to division12012
(D)(C)(1) of this section, the vehicle shall be sold, without12013
appraisal, if the value of the vehicle is two thousand dollars or12014
more as determined by publications of the national auto dealer's12015
association, at a public auction to the highest bidder for cash. 12016
Prior to the sale, the prosecuting attorney in the case shall12017
cause a notice of the proposed sale to be given in accordance with12018
law. The court shall cause notice of the sale of the vehicle to12019
be published in a newspaper of general circulation in the county12020
in which the court is located at least seven days prior to the12021
date of the sale. The proceeds of a sale under this division or12022
division (G)(F) of this section shall be applied in the following12023
order:12024

       (a) First, they shall be applied to the payment of the costs12025
incurred in connection with the seizure, storage, and maintenance12026
of, and provision of security for, the vehicle, any proceeding12027
arising out of the forfeiture, and if any, the sale.12028

       (b) Second, the remaining proceeds after compliance with12029
division (D)(C)(2)(a) of this section, shall be applied to the12030
payment of the value of any lien or ownership interest in the12031
vehicle preserved under division (C)(B) of this section.12032

       (c) Third, the remaining proceeds, after compliance with12033
divisions (D)(C)(2)(a) and (b) of this section, shall be applied12034
to the appropriate funds in accordance with divisions (D)(1)(c)12035
and (2) of section 2933.43 of the Revised Code, provided that the12036
total of the amount so deposited under this division shall not12037
exceed one thousand dollars. The remaining proceeds deposited12038
under this division shall be used only for the purposes authorized12039
by those divisions and division (D)(3)(a)(ii) of that section.12040

       (d) Fourth, the remaining proceeds after compliance with12041
divisions (D)(C)(2)(a) and (b) of this section and after deposit12042
of a total amount of one thousand dollars under division12043
(D)(C)(2)(c) of this section shall be applied so that fifty per12044
cent of those remaining proceeds is paid into the reparation fund12045
established by section 2743.191 of the Revised Code, twenty-five12046
per cent is paid into the drug abuse resistance education programs12047
fund created by division (L)(F)(2)(e) of section 4511.191 of the12048
Revised Code and shall be used only for the purposes authorized by12049
division (L)(F)(2)(e) of that section, and twenty-five per cent is12050
applied to the appropriate funds in accordance with division12051
(D)(1)(c) of section 2933.43 of the Revised Code. The proceeds12052
deposited into any fund described in section 2933.43 of the12053
Revised Code shall be used only for the purposes authorized by12054
division (D)(1)(c), (2), and (3)(a)(ii) of that section.12055

       (E) Notwithstanding(D)Except as provided in division (E)12056
of section 4511.203 of the Revised Code and notwithstanding any12057
other provision of law, neither the registrar of motor vehicles12058
nor any deputy registrar shall accept an application for the12059
registration of any motor vehicle in the name of any person, or12060
register any motor vehicle in the name of any person, if both of12061
the following apply:12062

       (1) Any vehicle registered in the person's name was12063
criminally forfeited under division (B) of this section and12064
section 4503.233, 4503.236, 4507.361,4507.994510.10, 4510.11,12065
4510.14, 4510.16, 4510.161, 4510.41, 4511.19, 4511.193, or 4511.9912066
4511.203 of the Revised Code;12067

       (2) Less than five years have expired since the issuance of12068
the most recent order of criminal forfeiture issued in relation to12069
a vehicle registered in the person's name.12070

       (F)(E) If a court is required by section 4503.233, 4507.361,12071
4507.994503.236, 4510.10, 4510.11, 4510.14, 4510.16, 4510.161,12072
4510.41, 4511.19, 4511.193, or 4511.994511.203 of the Revised12073
Code to order the criminal forfeiture to the state of a vehicle,12074
and the title to the motor vehicle is assigned or transferred, and12075
division (C)(B)(2) or (3) of this section applies, in addition to12076
or independent of any other penalty established by law, the court12077
may fine the offender the value of the vehicle as determined by12078
publications of the national auto dealer's association. The12079
proceeds from any fine imposed under this division (F) of this12080
section shall be distributed in accordance with division (D)(4)12081
(C)(2) of this section.12082

       (G)(F) As used in division (D) of this section and divisions12083
(D)(1)(c), (D)(2), and (D)(3)(a)(ii) of section 2933.43 of the12084
Revised Code in relation to proceeds of the sale of a vehicle12085
under division (D)(C) of this section, "prosecuting attorney"12086
includes the prosecuting attorney, village solicitor, city12087
director of law, or similar chief legal officer of a municipal12088
corporation who prosecutes the case resulting in the conviction or12089
guilty plea in question.12090

       (G) If the vehicle to be forfeited has an average retail12091
value of less than two thousand dollars as determined by12092
publications of the national auto dealer's association, no public12093
auction is required to be held. In such a case, the court may12094
direct that the vehicle be disposed of in any manner that it12095
considers appropriate, including assignment of the certificate of12096
title to the motor vehicle to a salvage dealer or a scrap metal12097
processing facility. The court shall not transfer the vehicle to12098
the person who is the vehicle's immediate previous owner.12099

       If the court assigns the motor vehicle to a salvage dealer or12100
scrap metal processing facility and the court is in possession of12101
the certificate of title to the motor vehicle, it shall send the12102
assigned certificate of title to the motor vehicle to the clerk of12103
the court of common pleas of the county in which the salvage12104
dealer or scrap metal processing facility is located. The court12105
shall mark the face of the certificate of title with the words12106
"FOR DESTRUCTION" and shall deliver a photocopy of the certificate12107
of title to the salvage dealer or scrap metal processing facility12108
for its records.12109

       If the court is not in possession of the certificate of title12110
to the motor vehicle, the court shall issue an order transferring12111
ownership of the motor vehicle to a salvage dealer or scrap metal12112
processing facility, send the order to the clerk of the court of12113
common pleas of the county in which the salvage dealer or scrap12114
metal processing facility is located, and send a photocopy of the12115
order to the salvage dealer or scrap metal processing facility for12116
its records. The clerk shall make the proper notations or entries12117
in the clerk's records concerning the disposition of the motor12118
vehicle.12119

       Sec. 4503.236.  (A) No person shall operate a motor vehicle12120
or permit the operation of a motor vehicle upon any public or12121
private property used by the public for vehicular travel or12122
parking knowing or having reasonable cause to believe that the12123
motor vehicle has been ordered immobilized pursuant to an12124
immobilization order issued under section 4503.233 of the Revised12125
Code.12126

       (B) A motor vehicle that is operated by a person during a12127
violation of division (A) of this section shall be criminally12128
forfeited to the state in accordance with the procedures contained12129
in section 4503.234 of the Revised Code, but such forfeiture is12130
subject to section 4503.235 of the Revised Code.12131

       (C)Whoever violates division (A) of this section is guilty12132
of a misdemeanor of the second degree.12133

       Sec. 4503.28. (A) No person who is a manufacturer of,12134
dealer in, or distributor of motor vehicles shall fail to file an12135
application for registration and to pay the tax thereforfor the12136
registration and to apply for and pay the legal fees for as many12137
certified copies thereofof the registration as the law requires.12138

       (B)Whoever violates this section is guilty of a misdemeanor12139
of the fourth degree.12140

       Sec. 4503.30. (A) Any placards issued by the registrar of12141
motor vehicles and bearing the distinctive number assigned to a12142
manufacturer, dealer, or distributor pursuant to section 4503.2712143
of the Revised Code may be displayed on any motor vehicle, other12144
than commercial cars, or on any motorized bicycle owned by the12145
manufacturer, dealer, or distributor, or lawfully in the12146
possession or control of the manufacturer, or the agent or12147
employee of the manufacturer, the dealer, or the agent or employee12148
of the dealer, the distributor, or the agent or employee of the12149
distributor, and shall be displayed on no other motor vehicle or12150
motorized bicycle. A placard may be displayed on a motor vehicle,12151
other than a commercial car, owned by a dealer when the vehicle is12152
in transit from a dealer to a purchaser, when the vehicle is being12153
demonstrated for sale or lease, or when the vehicle otherwise is12154
being utilized by the dealer. A vehicle bearing a placard issued12155
to a dealer under section 4503.27 of the Revised Code may be12156
operated by the dealer, an agent or employee of the dealer, a12157
prospective purchaser, or a third party operating the vehicle with12158
the permission of the dealer.12159

       Such placards may be displayed on commercial cars only when12160
the cars are in transit from a manufacturer to a dealer, from a12161
distributor to a dealer or distributor, or from a dealer to a12162
purchaser, or when the cars are being demonstrated for sale or12163
lease, and shall not be displayed when the cars are being used for12164
delivery, hauling, transporting, or other commercial purpose.12165

       (B)Whoever violates this section is guilty of a misdemeanor12166
of the third degree.12167

       Sec. 4503.301.  (A) A manufacturer, dealer, or distributor12168
of motor vehicles may apply for a reasonable number of commercial12169
car demonstration placards. The application shall show the make12170
of commercial cars, commercial tractors, trailers, and12171
semitrailers manufactured, dealt, or distributed in and shall show12172
the taxing district in which the applicant's place of business is12173
located.12174

       Upon the filing of such application and the payment of an12175
annual fee of five hundred dollars and appropriate postage as12176
required by the registrar of motor vehicles, the registrar shall12177
assign to the applicant a distinctive placard and number. Such12178
placards shall be known as "commercial car demonstration12179
placards," and shall expire on a date prescribed by the registrar. 12180
Upon the first application by any person for such placards, the12181
registrar shall prorate the annual fee in accordance with section12182
4503.11 of the Revised Code; for all renewals or replacements of12183
such placards, the registrar shall collect the full amount of the12184
annual fee.12185

       Commercial car demonstration placards may be displayed on12186
commercial cars, commercial tractors, trailers and semitrailers12187
owned by the manufacturer, dealer, or distributor, when those12188
vehicles are operated by or being demonstrated to a prospective12189
purchaser. In addition to the purposes permitted by section12190
4503.30 of the Revised Code, the placards provided for in this12191
section may be displayed on vehicles operated or used for12192
delivery, hauling, transporting, or any other lawful purpose. When12193
such placards are used, the placards provided for in section12194
4503.30 of the Revised Code need not be displayed.12195

       The operator of any commercial car, commercial tractor,12196
trailer, or semitrailer displaying the placards provided for in12197
this section, at all times, shall carry with the operator a letter12198
from the manufacturer, dealer, or distributor authorizing the use12199
of such manufacturer's, dealer's, or distributor's commercial car12200
demonstration placards.12201

       When such placards are used on any commercial car or12202
commercial tractor, such power unit shall be considered duly12203
registered and licensed for the purposes of section 4503.38 of the12204
Revised Code.12205

       (B) No manufacturer, dealer, or distributor of motor12206
vehicles shall use the commercial car demonstration placard for12207
purposes other than those authorized by this section.12208

       (C)Whoever violates division (B) of this section is guilty12209
of a misdemeanor of the third degree.12210

       Sec. 4503.32. (A) No person shall use the license placards12211
provided for in section 4503.31 of the Revised Code contrary to12212
said section.12213

       (B)Whoever violates this section is guilty of a misdemeanor12214
of the third degree.12215

       Sec. 4503.34. (A) No person who is a drive-away operator or12216
trailer transporter, or both, engaged in the business of12217
transporting and delivering new motor vehicles or used motor12218
vehicles, or both, by means of the full mount method, the saddle12219
mount method, the tow bar method, the tow-away method, or any12220
combination thereof, or under their own power, shall fail to file12221
an application as required by section 4503.33 of the Revised Code,12222
and to pay the fees therefor and to apply for and pay the legal12223
fees for as many certified copies thereof as said section12224
requires.12225

       (B)Whoever violates this section is guilty of a minor12226
misdemeanor.12227

       Sec. 4503.39.  With regard to a motor vehicle leased by or in12228
the name of a person named in a declaration of forfeiture12229
suspension order, the registrar of motor vehicles shall adopt12230
procedures as indicated in division (D) of section 2935.27,12231
division (A) of section 2937.221, and division (B) of section12232
4507.1684510.22 of the Revised Code. The procedures shall12233
prescribe the information and methodology necessary to implement12234
those divisions.12235

       Sec. 4503.44.  (A) As used in this section and in section12236
4511.69 of the Revised Code:12237

       (1) "Person with a disability that limits or impairs the12238
ability to walk" means any person who, as determined by a12239
physician or chiropractor, meets any of the following criteria:12240

       (a) Cannot walk two hundred feet without stopping to rest;12241

       (b) Cannot walk without the use of, or assistance from, a12242
brace, cane, crutch, another person, prosthetic device,12243
wheelchair, or other assistive device;12244

       (c) Is restricted by a lung disease to such an extent that12245
the person's forced (respiratory) expiratory volume for one12246
second, when measured by spirometry, is less than one liter, or12247
the arterial oxygen tension is less than sixty millimeters of12248
mercury on room air at rest;12249

       (d) Uses portable oxygen;12250

       (e) Has a cardiac condition to the extent that the person's12251
functional limitations are classified in severity as class III or12252
class IV according to standards set by the American heart12253
association;12254

       (f) Is severely limited in the ability to walk due to an12255
arthritic, neurological, or orthopedic condition;12256

       (g) Is blind.12257

       (2) "Organization" means any private organization or12258
corporation, or any governmental board, agency, department,12259
division, or office, that, as part of its business or program,12260
transports persons with disabilities that limit or impair the12261
ability to walk on a regular basis in a motor vehicle that has not12262
been altered for the purpose of providing it with special12263
equipment for use by handicapped persons. This definition does12264
not apply to division (J) of this section.12265

       (3) "Physician" means a person licensed to practice medicine12266
or surgery or osteopathic medicine and surgery under Chapter 4731.12267
of the Revised Code.12268

       (4) "Chiropractor" means a person licensed to practice12269
chiropractic under Chapter 4734. of the Revised Code.12270

       (B) Any organization or person with a disability that limits12271
or impairs the ability to walk may apply to the registrar of motor12272
vehicles for a removable windshield placard or, if the person owns12273
or leases a motor vehicle, the person may apply for the12274
registration of any motor vehicle the person owns or leases. In12275
addition to one or more sets of license plates or one placard, a12276
person with a disability that limits or impairs the ability to12277
walk is entitled to one additional placard, but only if the person12278
applies separately for the additional placard, states the reasons12279
why the additional placard is needed, and the registrar, in the12280
registrar's discretion, determines that good and justifiable cause12281
exists to approve the request for the additional placard. When a12282
motor vehicle has been altered for the purpose of providing it12283
with special equipment for a person with a disability that limits12284
or impairs the ability to walk, but is owned or leased by someone12285
other than such a person, the owner or lessee may apply to the12286
registrar or a deputy registrar for registration under this12287
section. The application for registration of a motor vehicle12288
owned or leased by a person with a disability that limits or12289
impairs the ability to walk shall be accompanied by a signed12290
statement from the applicant's personal physician or chiropractor12291
certifying that the applicant meets at least one of the criteria12292
contained in division (A)(1) of this section and that the12293
disability is expected to continue for more than six consecutive12294
months. The application for a removable windshield placard made12295
by a person with a disability that limits or impairs the ability12296
to walk shall be accompanied by a prescription from the12297
applicant's personal physician or chiropractor prescribing such a12298
placard for the applicant, and by a signed statement certifying12299
that the applicant meets at least one of the criteria contained in12300
division (A)(1) of this section. The physician or chiropractor12301
shall state on the prescription the length of time the physician12302
or chiropractor expects the applicant to have the disability that12303
limits or impairs the applicant's ability to walk. The12304
application for a removable windshield placard made by an12305
organization shall be accompanied by such documentary evidence of12306
regular transport of persons with disabilities that limit or12307
impair the ability to walk by the organization as the registrar12308
may require by rule and shall be completed in accordance with12309
procedures that the registrar may require by rule. The12310
application for registration of a motor vehicle that has been12311
altered for the purpose of providing it with special equipment for12312
a person with a disability that limits or impairs the ability to12313
walk but is owned by someone other than such a person shall be12314
accompanied by such documentary evidence of vehicle alterations as12315
the registrar may require by rule.12316

       (C) When an organization, a person with a disability that12317
limits or impairs the ability to walk, or a person who does not12318
have a disability that limits or impairs the ability to walk but12319
owns a motor vehicle that has been altered for the purpose of12320
providing it with special equipment for a person with a disability12321
that limits or impairs the ability to walk first submits an12322
application for registration of a motor vehicle under this section12323
and every fifth year thereafter, the organization or person shall12324
submit a signed statement from the applicant's personal physician12325
or chiropractor, a completed application, and any required12326
documentary evidence of vehicle alterations as provided in12327
division (B) of this section, and also a power of attorney from12328
the owner of the motor vehicle if the applicant leases the12329
vehicle. Upon submission of these items, the registrar or deputy12330
registrar shall issue to the applicant appropriate vehicle12331
registration and a set of license plates and validation stickers,12332
or validation stickers alone when required by section 4503.191 of12333
the Revised Code. In addition to the letters and numbers12334
ordinarily inscribed thereon, the license plates shall be12335
imprinted with the international symbol of access. The license12336
plates and validation stickers shall be issued upon payment of the12337
regular license fee as prescribed under section 4503.04 of the12338
Revised Code and any motor vehicle tax levied under Chapter 4504.12339
of the Revised Code, and the payment of a service fee equal to the12340
amount specified in division (D) or (G) of section 4503.10 of the12341
Revised Code.12342

       (D)(1) Upon receipt of a completed and signed application12343
for a removable windshield placard, a prescription as described in12344
division (B) of this section, documentary evidence of regular12345
transport of persons with disabilities that limit or impair the12346
ability to walk, if required, and payment of a service fee equal12347
to the amount specified in division (D) or (G) of section 4503.1012348
of the Revised Code, the registrar or deputy registrar shall issue12349
to the applicant a removable windshield placard, which shall bear12350
the date of expiration on both sides of the placard and shall be12351
valid until expired, revoked, or surrendered. Every removable12352
windshield placard expires as described in division (D)(2) of this12353
section, but in no case shall a removable windshield placard be12354
valid for a period of less than sixty days. Removable windshield12355
placards shall be renewable upon application as provided in12356
division (B) of this section, and a service fee equal to the12357
amount specified in division (D) or (G) of section 4503.10 of the12358
Revised Code shall be charged for the renewal of a removable12359
windshield placard. The registrar shall provide the application12360
form and shall determine the information to be included thereon.12361
The registrar also shall determine the form and size of the12362
removable windshield placard, the material of which it is to be12363
made, and any other information to be included thereon, and shall12364
adopt rules relating to the issuance, expiration, revocation,12365
surrender, and proper display of such placards. Any placard12366
issued after October 14, 1999, shall be manufactured in a manner12367
that allows the expiration date of the placard to be indicated on12368
it through the punching, drilling, boring, or creation by any12369
other means of holes in the placard.12370

       (2) At the time a removable windshield placard is issued to12371
a person with a disability that limits or impairs the ability to12372
walk, the registrar or deputy registrar shall enter into the12373
records of the bureau of motor vehicles the last date on which the12374
person will have that disability, as indicated on the accompanying12375
prescription. Not less than thirty days prior to that date and12376
all removable windshield placard renewal dates, the bureau shall12377
send a renewal notice to that person at the person's last known12378
address as shown in the records of the bureau, informing the12379
person that the person's removable windshield placard will expire12380
on the indicated date not to exceed five years from the date of12381
issuance, and that the person is required to renew the placard by12382
submitting to the registrar or a deputy registrar another12383
prescription, as described in division (B) of this section, and by12384
complying with the renewal provisions prescribed in division12385
(D)(1) of this section. If such a prescription is not received by12386
the registrar or a deputy registrar by that date, the placard12387
issued to that person expires and no longer is valid, and this12388
fact shall be recorded in the records of the bureau.12389

       (3) At least once every year, on a date determined by the12390
registrar, the bureau shall examine the records of the office of12391
vital statistics, located within the department of health, that12392
pertain to deceased persons, and also the bureau's records of all12393
persons who have been issued removable windshield placards and12394
temporary removable windshield placards. If the records of the12395
office of vital statistics indicate that a person to whom a12396
removable windshield placard or temporary removable windshield12397
placard has been issued is deceased, the bureau shall cancel that12398
placard, and note the cancellation in its records.12399

       The office of vital statistics shall make available to the12400
bureau all information necessary to enable the bureau to comply12401
with division (D)(3) of this section.12402

       (4) Nothing in this section shall be construed to require a12403
person or organization to apply for a removable windshield placard12404
or special license plates if the parking card or special license12405
plates issued to the person or organization under prior law have12406
not expired or been surrendered or revoked.12407

       (E) Any person with a disability that limits or impairs the12408
ability to walk may apply to the registrar or a deputy registrar12409
for a temporary removable windshield placard. The application for12410
a temporary removable windshield placard shall be accompanied by a12411
prescription from the applicant's personal physician or12412
chiropractor prescribing such a placard for the applicant, and by12413
a signed statement certifying that the applicant meets at least12414
one of the criteria contained in division (A)(1) of this section12415
and that the disability is expected to continue for six12416
consecutive months or less. The physician or chiropractor shall12417
state on the prescription the length of time the physician or12418
chiropractor expects the applicant to have the disability that12419
limits or impairs the applicant's ability to walk, which cannot12420
exceed six months from the date of the prescription. Upon receipt12421
of an application for a temporary removable windshield placard,12422
presentation of the prescription and the signed statement from the12423
applicant's personal physician or chiropractor, and payment of a12424
service fee equal to the amount specified in division (D) or (G)12425
of section 4503.10 of the Revised Code, the registrar or deputy12426
registrar shall issue to the applicant a temporary removable12427
windshield placard. The temporary removable windshield placard12428
shall be of the same size and form as the removable windshield12429
placard, shall be printed in white on a red-colored background,12430
and shall bear the word "temporary" in letters of such size as the12431
registrar shall prescribe. A temporary removable windshield12432
placard also shall bear the date of expiration on the front and12433
back of the placard, and shall be valid until expired,12434
surrendered, or revoked, but in no case shall such a placard be12435
valid for a period of less than sixty days. The registrar shall12436
provide the application form and shall determine the information12437
to be included on it. The registrar also shall determine the12438
material of which the temporary removable windshield placard is to12439
be made and any other information to be included on the placard12440
and shall adopt rules relating to the issuance, expiration,12441
surrender, revocation, and proper display of those placards. Any12442
temporary removable windshield placard issued after October 14,12443
1999, shall be manufactured in a manner that allows for the12444
expiration date of the placard to be indicated on it through the12445
punching, drilling, boring, or creation by any other means of12446
holes in the placard.12447

       (F) If an applicant for a removable windshield placard is a12448
veteran of the armed forces of the United States whose disability,12449
as defined in division (A)(1) of this section, is12450
service-connected, the registrar or deputy registrar, upon receipt12451
of the application, presentation of a signed statement from the12452
applicant's personal physician or chiropractor certifying the12453
applicant's disability, and presentation of such documentary12454
evidence from the department of veterans affairs that the12455
disability of the applicant meets at least one of the criteria12456
identified in division (A)(1) of this section and is12457
service-connected as the registrar may require by rule, but12458
without the payment of any service fee, shall issue the applicant12459
a removable windshield placard that is valid until expired,12460
surrendered, or revoked.12461

       Upon a conviction of a violation of division (H), (I), or (J)12462
of this section, the court shall report the conviction, and send12463
the placard or parking card, if available, to the registrar, who12464
thereupon shall revoke the privilege of using the placard or12465
parking card and send notice in writing to the placardholder or12466
cardholder at that holder's last known address as shown in the12467
records of the bureau, and the placardholder or cardholder shall12468
return the placard or card if not previously surrendered to the12469
court, to the registrar within ten days following mailing of the12470
notice.12471

       Whenever a person to whom a removable windshield placard or12472
parking card has been issued moves to another state, the person12473
shall surrender the placard or card to the registrar; and whenever12474
an organization to which a placard or card has been issued changes12475
its place of operation to another state, the organization shall12476
surrender the placard or card to the registrar.12477

       (G) Subject to division (F) of section 4511.69 of the12478
Revised Code, the operator of a motor vehicle displaying a12479
removable windshield placard, temporary removable windshield12480
placard, parking card, or the special license plates authorized by12481
this section is entitled to park the motor vehicle in any special12482
parking location reserved for persons with disabilities that limit12483
or impair the ability to walk, also known as handicapped parking12484
spaces or disability parking spaces.12485

       (H) No person or organization that is not eligible under12486
division (B) or (E) of this section shall willfully and falsely12487
represent that the person or organization is so eligible.12488

       No person or organization shall display license plates issued12489
under this section unless the license plates have been issued for12490
the vehicle on which they are displayed and are valid.12491

       (I) No person or organization to which a removable12492
windshield placard or temporary removable windshield placard is12493
issued shall do either of the following:12494

       (1) Display or permit the display of the placard on any12495
motor vehicle when having reasonable cause to believe the motor12496
vehicle is being used in connection with an activity that does not12497
include providing transportation for persons with disabilities12498
that limit or impair the ability to walk;12499

       (2) Refuse to return or surrender the placard, when12500
required.12501

       (J)(1) No person or organization to which a parking card is12502
issued shall do either of the following:12503

       (a) Display or permit the display of the parking card on any12504
motor vehicle when having reasonable cause to believe the motor12505
vehicle is being used in connection with an activity that does not12506
include providing transportation for a handicapped person;12507

       (b) Refuse to return or surrender the parking card, when12508
required.12509

       (2) As used in division (J) of this section:12510

       (a) "Handicapped person" means any person who has lost the12511
use of one or both legs or one or both arms, who is blind, deaf,12512
or so severely handicapped as to be unable to move about without12513
the aid of crutches or a wheelchair, or whose mobility is12514
restricted by a permanent cardiovascular, pulmonary, or other12515
handicapping condition.12516

       (b) "Organization" means any private organization or12517
corporation, or any governmental board, agency, department,12518
division, or office, that, as part of its business or program,12519
transports handicapped persons on a regular basis in a motor12520
vehicle that has not been altered for the purposes of providing it12521
with special equipment for use by handicapped persons.12522

       (K) If a removable windshield placard, temporary removable12523
windshield placard, or parking card is lost, destroyed, or12524
mutilated, the placardholder or cardholder may obtain a duplicate12525
by doing both of the following:12526

       (1) Furnishing suitable proof of the loss, destruction, or12527
mutilation to the registrar;12528

       (2) Paying a service fee equal to the amount specified in12529
division (D) or (G) of section 4503.10 of the Revised Code.12530

       Any placardholder or cardholder who loses a placard or card12531
and, after obtaining a duplicate, finds the original, immediately12532
shall surrender the original placard or card to the registrar.12533

       (L) The registrar shall pay all fees received under this12534
section for the issuance of removable windshield placards or12535
temporary removable windshield placards or duplicate removable12536
windshield placards or cards into the state treasury to the credit12537
of the state bureau of motor vehicles fund created in section12538
4501.25 of the Revised Code.12539

       (M) For purposes of enforcing this section, every peace12540
officer is deemed to be an agent of the registrar. Any peace12541
officer or any authorized employee of the bureau of motor vehicles12542
who, in the performance of duties authorized by law, becomes aware12543
of a person whose placard or parking card has been revoked12544
pursuant to this section, may confiscate that placard or parking12545
card and return it to the registrar. The registrar shall12546
prescribe any forms used by law enforcement agencies in12547
administering this section.12548

       No peace officer, law enforcement agency employing a peace12549
officer, or political subdivision or governmental agency employing12550
a peace officer, and no employee of the bureau is liable in a12551
civil action for damages or loss to persons arising out of the12552
performance of any duty required or authorized by this section. As12553
used in this division, "peace officer" has the same meaning as in12554
division (B) of section 2935.01 of the Revised Code.12555

       (N) All applications for registration of motor vehicles,12556
removable windshield placards, and temporary removable windshield12557
placards issued under this section, all renewal notices for such12558
items, and all other publications issued by the bureau that relate12559
to this section shall set forth the criminal penalties that may be12560
imposed upon a person who violates any provision relating to12561
special license plates issued under this section, the parking of12562
vehicles displaying such license plates, and the issuance,12563
procurement, use, and display of removable windshield placards and12564
temporary removable windshield placards issued under this section.12565

       (O)Whoever violates this section is guilty of a misdemeanor12566
of the fourth degree.12567

       Sec. 4503.46.  (A) For the purposes of this section,12568
"prisoner of war" means any regularly appointed, enrolled,12569
enlisted, or inducted member of the military forces of the United12570
States who was captured, separated, and incarcerated by an enemy12571
of the United States at any time, and any regularly appointed,12572
enrolled, or enlisted member of the military forces of Great12573
Britain, France, any of the countries that comprised the former12574
Union of Soviet Socialist Republics, Australia, Belgium, Brazil,12575
Canada, China, Denmark, Greece, the Netherlands, New Zealand,12576
Norway, Poland, South Africa, or any of the countries that12577
comprised the former Yugoslavia who was a citizen of the United12578
States at the time of such appointment, enrollment, or enlistment,12579
and was captured, separated, and incarcerated by an enemy of this12580
country during World War II.12581

       (B) Any person who has been a prisoner of war may apply to12582
the registrar of motor vehicles for the registration of one12583
passenger car, noncommercial motor vehicle, or other vehicle of a12584
class approved by the registrar the person owns or leases. The12585
application shall be accompanied by written evidence in the form12586
of a record of separation, a letter from one of the armed forces12587
of the United States or other country as provided in division (A)12588
of this section, or other evidence as the registrar may require by12589
rule, that such a person was a prisoner of war and was honorably12590
discharged or is presently residing in this state on active duty12591
with one of the branches of the armed forces of the United States,12592
or was a prisoner of war and was honorably discharged or received12593
an equivalent discharge or release from one of the armed forces of12594
such other country.12595

       Upon receipt of an application for registration of a motor12596
vehicle under this section, and presentation of satisfactory12597
evidence of such prisoner-of-war status, the registrar shall issue12598
to the applicant the appropriate vehicle registration and a set of12599
license plates. In addition to the letters and numbers ordinarily12600
inscribed thereon, the license plates shall be inscribed with the12601
words "FORMER POW." The license plates shall be issued without12602
payment of any registration fee or service fee as required by12603
division (B) of section 4503.04 and sections 4503.10 and 4503.10212604
of the Revised Code, and without payment of any applicable county,12605
township, or municipal motor vehicle tax levied under Chapter12606
4504. of the Revised Code.12607

       (C) The spouse of a deceased former prisoner of war who has12608
not remarried, if the deceased person received or was eligible to12609
receive special license plates issued under division (B) of this12610
section, may apply to the registrar for the registration of the12611
spouse's personal motor vehicle without the payment of any fee or12612
tax as provided by division (B) of this section. The application12613
for registration shall be accompanied by documentary evidence of12614
the deceased person's status as a former prisoner of war and by12615
any other evidence that the registrar requires by rule.12616

       Upon receipt of an application for registration under this12617
division and presentation of satisfactory evidence as required by12618
this division and by the registrar, the registrar shall issue to12619
the spouse the appropriate vehicle registration and a set of12620
license plates as provided in division (B) of this section.12621

       (D) No person who is not a former prisoner of war or spouse12622
of a deceased former prisoner of war who has not remarried shall12623
willfully and falsely represent that the person is such a former12624
prisoner of war or spouse, for the purpose of obtaining license12625
plates under this section.12626

       (E) No person shall own or lease a motor vehicle bearing12627
license plates issued under this section unless the person is12628
eligible to be issued the license plates.12629

       (F)Whoever violates this section is guilty of a misdemeanor12630
of the fourth degree.12631

       Sec. 4503.47. (A) Any person who is a volunteer firefighter12632
may apply to the registrar of motor vehicles for the registration12633
of one passenger car or other vehicle of a class approved by the12634
registrar the person owns or leases. The application shall be12635
accompanied by such written evidence as the registrar may require12636
by rule, that the person is a volunteer firefighter.12637

       Upon receipt of an application for the registration of a12638
passenger car or other vehicle of a class approved by the12639
registrar under this section and presentation of satisfactory12640
evidence of such volunteer firefighter status, the registrar shall12641
issue to the applicant the appropriate vehicle registration and a12642
set of license plates and a validation sticker, or a validation12643
sticker alone when required by section 4503.191 of the Revised12644
Code. In addition to the letters and numbers ordinarily inscribed12645
thereon, the license plates shall be inscribed with the letters12646
"F.D." inside a Maltese cross emblem. The license plates and12647
validation stickers shall be issued upon payment of the regular12648
license fees as prescribed under section 4503.04 of the Revised12649
Code and any local motor vehicle tax levied under Chapter 4504. of12650
the Revised Code, and upon the payment of an additional fee of ten12651
dollars for issuance under this section. The fee shall be for the12652
purpose of compensating the bureau of motor vehicles for12653
additional services required in the issuing of such license12654
plates, and shall be transmitted by the registrar to the treasurer12655
of state for deposit in the state bureau of motor vehicles fund12656
created by section 4501.25 of the Revised Code. No person shall12657
apply for more than one set of volunteer firefighter license12658
plates annually.12659

       The chief of a fire department or the fire chief shall12660
immediately notify the registrar whenever any person under the12661
chief's supervision is no longer a volunteer firefighter.12662

       Whenever a person is no longer eligible to be issued12663
volunteer firefighter license plates, the person shall surrender12664
the volunteer firefighter license plates to the bureau in exchange12665
for plates without the "F.D." emblem. A fee of five dollars shall12666
be charged for the services required in the issuing of replacement12667
plates when an individual is no longer eligible to be issued12668
volunteer firefighter license plates.12669

       Application for volunteer firefighter license plates may be12670
made, and such license plates and replacement plates shall be12671
issued, at any time of year.12672

       No person who is not a volunteer firefighter shall willfully12673
and falsely represent that the person is a volunteer firefighter12674
for the purpose of obtaining volunteer firefighter license plates12675
under this section. No person shall own a vehicle bearing such12676
license plates unless the person is eligible to be issued such12677
license plates.12678

       (B)Whoever violates this section is guilty of a misdemeanor12679
of the fourth degree.12680

       Sec. 4503.471.  (A) Any person who is a member in good12681
standing of the international association of firefighters may12682
apply to the registrar of motor vehicles for the registration of12683
any passenger car, noncommercial vehicle, motor home, or other12684
vehicle of a class approved by the registrar that the person owns12685
or leases and the issuance of international association of12686
firefighters license plates. The application shall be accompanied12687
by the written evidence that the registrar may require by rule12688
showing that the person is a member in good standing of the12689
international association of firefighters. The application for12690
international association of firefighters license plates may be12691
combined with a request for a special reserved license plate under12692
section 4503.40 or 4503.42 of the Revised Code.12693

       Upon receipt of an application for registration of a vehicle12694
under this section and presentation of satisfactory evidence12695
showing that the person is a member in good standing of the12696
international association of firefighters, the registrar shall12697
issue to the applicant the appropriate vehicle registrations, sets12698
of license plates and validation stickers, or validation stickers12699
alone when required by section 4503.191 of the Revised Code.12700

       In addition to the letters and numbers ordinarily inscribed12701
on the license plates, international association of firefighters12702
license plates shall be inscribed with a Maltese cross emblem12703
designed by the international association of firefighters and12704
approved by the registrar. International association of12705
firefighters license plates shall bear county identification12706
stickers that identify the county of registration by name or12707
number.12708

       The license plates and validation stickers shall be issued12709
upon payment of the regular license fee as prescribed under12710
section 4503.04 of the Revised Code, payment of any local motor12711
vehicle tax levied under Chapter 4504. of the Revised Code, and12712
payment of an additional fee of ten dollars for the purpose of12713
compensating the bureau of motor vehicles for additional services12714
required in the issuing of license plates under this section. If12715
the application for international association of firefighters12716
license plates is combined with a request for a special reserved12717
license plate under section 4503.40 or 4503.42 of the Revised12718
Code, the license plate and validation sticker shall be issued12719
upon payment of the fees and taxes contained in this division and12720
the additional fee prescribed under section 4503.40 or 4503.42 of12721
the Revised Code. The registrar shall deposit the additional fee12722
of ten dollars in the state bureau of motor vehicles fund created12723
by section 4501.25 of the Revised Code.12724

       Whenever a person no longer is eligible to be issued12725
international association of firefighters license plates, the12726
person shall surrender the international association of12727
firefighters license plates to the bureau in exchange for license12728
plates without the Maltese cross emblem described in this section.12729
A fee of five dollars shall be charged for the services required12730
in the issuing of replacement plates when a person no longer is12731
eligible to be issued international association of firefighters12732
license plates.12733

       A person may make application for international association12734
of firefighters license plates at any time of year, and the12735
registrar shall issue international association of firefighters12736
license plates and replacement plates at any time of year.12737

       (B) No person who is not a member in good standing of the12738
international association of firefighters shall willfully and12739
falsely represent that the person is a member in good standing of12740
the international association of firefighters for the purpose of12741
obtaining international association of firefighters license plates12742
under this section. No person shall own or lease a vehicle12743
bearing international association of firefighters license plates12744
unless the person is eligible to be issued international12745
association of firefighters license plates.12746

       (C) Whoever violates division (B) of this section is guilty12747
of a misdemeanor of the fourth degree.12748

       Sec. 4505.101. (A) The owner of any repair garage or place12749
of storage in which a motor vehicle with a value of less than two12750
thousand five hundred dollars has been left unclaimed for fifteen12751
days or more following completion of the requested repair or the12752
agreed term of storage may send by certified mail, return receipt12753
requested, to the last known address of the owner a notice to12754
remove the motor vehicle. If the motor vehicle remains unclaimed12755
by the owner for fifteen days after the mailing of the notice, and12756
the person on whose property the vehicle has been abandoned has12757
received the signed receipt from the certified mail or has been12758
notified that the delivery was not possible, the person shall12759
obtain a certificate of title to the motor vehicle in the person's12760
name in the manner provided in this section.12761

       The owner of the repair garage or place of storage that12762
mailed the notice shall execute an affidavit that all of the12763
requirements of this section necessary to authorize the issuance12764
of a certificate of title for the motor vehicle have been met. The12765
affidavit shall set forth the value of the motor vehicle when12766
unclaimed as determined in accordance with standards fixed by the12767
registrar of motor vehicles; the length of time that the motor12768
vehicle has remained unclaimed; the expenses incurred with the12769
motor vehicle; that a notice to remove the vehicle has been mailed12770
to the titled owner, if known, by certified mail, return receipt12771
requested; and that a search of the records of the bureau of motor12772
vehicles has been made for outstanding liens on the motor vehicle.12773

       No affidavit shall be executed or filed under this section12774
until after a search of the records of the bureau of motor12775
vehicles has been made. If the research reveals any outstanding12776
lien on the motor vehicle, the owner of the repair garage or place12777
of storage of the motor vehicle shall notify the mortgagee or12778
lienholder by certified mail, return receipt requested, stating12779
where the motor vehicle is located and the value of the vehicle.12780
Unless the mortgagee or lienholder claims the motor vehicle within12781
fifteen days from the mailing of the notice, the mortgagee's12782
mortgage or the lienholder's lien shall be invalid.12783

       Upon presentation by the owner of the repair garage or place12784
of storage of the affidavit, showing compliance with all12785
requirements of this section to the clerk of courts of the county12786
in which the repair garage or place of storage is located, the12787
clerk of courts shall issue a certificate of title, free and clear12788
of all liens and encumbrances, to the owner of the place of12789
storage.12790

       The value of the motor vehicle, as determined in accordance12791
with standards fixed by the registrar of motor vehicles, less12792
expenses incurred by the owner of such repair garage or place of12793
storage, shall be paid to the clerk of courts for deposit into the12794
county general fund upon receipt of the certificate of title.12795

       (B)Whoever violates this section shall be fined not more12796
than two hundred dollars, imprisoned not more than ninety days, or12797
both.12798

       Sec. 4505.102.  (A) If a pawnbroker licensed under Chapter 12799
4727. of the Revised Code makes a loan that is secured by a motor 12800
vehicle, watercraft, or outboard motor and has taken possession12801
of the motor vehicle, watercraft, or outboard motor and the 12802
certificate of title to the motor vehicle, watercraft, or12803
outboard motor, and the owner of the motor vehicle, watercraft,12804
or outboard motor fails to redeem or pay interest on the loan12805
for which the motor vehicle, watercraft, or outboard motor was12806
pledged within two months from the date of the loan or the date12807
on which the last interest payment is due, and the pawnbroker12808
notifies the owner by mail, with proof of mailing, as required12809
by division (A) of section 4727.11 of the Revised Code, of the12810
possible forfeiture of the motor vehicle, watercraft, or12811
outboard motor, and the owner fails to redeem the motor vehicle,12812
watercraft, or outboard motor within the thirty-day period 12813
required by that division to be specified in the notice, the12814
pawnbroker shall proceed to obtain a certificate of title to the12815
motor vehicle, watercraft, or outboard motor in the pawnbroker's12816
name in the manner provided in this section.12817

       (B) The pawnbroker shall execute an affidavit stating all of 12818
the following:12819

       (1) That the pawnbroker is a pawnbroker licensed under 12820
Chapter 4727. of the Revised Code;12821

       (2) That the pawnbroker has made a loan to the owner of a 12822
motor vehicle, watercraft, or outboard motor, and the security12823
for the loan is the motor vehicle, watercraft, or outboard12824
motor;12825

       (3) That both the motor vehicle, watercraft, or outboard 12826
motor and the certificate of title to the motor vehicle, 12827
watercraft, or outboard motor are in the possession of the 12828
pawnbroker;12829

       (4) That the owner of the motor vehicle, watercraft, or 12830
outboard motor has failed to redeem the pledged motor vehicle, 12831
watercraft, or outboard motor or pay interest on the loan for 12832
which the motor vehicle, watercraft, or outboard motor was12833
pledged within two months from the date of the loan or the date12834
on which the last interest payment was due;12835

       (5) That the pawnbroker has notified the owner of the motor 12836
vehicle, watercraft, or outboard motor by mail, with proof of 12837
mailing, as required by division (A) of section 4727.11 of the 12838
Revised Code, and the owner has failed to redeem the motor 12839
vehicle, watercraft, or outboard motor within the thirty-day 12840
period required by that division to be specified in the notice.12841

       Upon presentation by the pawnbroker of a copy of the 12842
affidavit, a copy of the pawn form, a copy of the proof of 12843
mailing, and the certificate of title to the motor vehicle, 12844
watercraft, or outboard motor, a clerk of a court of common12845
pleas shall issue, if the record shows no lien or encumbrances12846
exist, a certificate of title, free and clear of all liens and 12847
encumbrances, to the pawnbroker.12848

       (C) No person shall execute or present the affidavit 12849
required by this section, knowing any entry on the affidavit to12850
be false.12851

       (D)Whoever violates this section shall be fined not more12852
than two hundred dollars, imprisoned not more than ninety days, or12853
both.12854

       Sec. 4505.11.  (A) Each owner of a motor vehicle and each 12855
person mentioned as owner in the last certificate of title, when 12856
the motor vehicle is dismantled, destroyed, or changed in such 12857
manner that it loses its character as a motor vehicle, or changed 12858
in such manner that it is not the motor vehicle described in the 12859
certificate of title, shall surrender the certificate of title to 12860
that motor vehicle to a clerk of a court of common pleas, and12861
the clerk, with the consent of any holders of any liens noted 12862
on the certificate of title, then shall enter a cancellation upon12863
the clerk's records and shall notify the registrar of motor12864
vehicles of the cancellation.12865

       Upon the cancellation of a certificate of title in the 12866
manner prescribed by this section, any clerk and the registrar 12867
of motor vehicles may cancel and destroy all certificates and12868
all memorandum certificates in that chain of title.12869

       (B) If an Ohio certificate of title or salvage certificate12870
of title to a motor vehicle is assigned to a salvage dealer, the12871
dealer is not required to obtain an Ohio certificate of title or12872
a salvage certificate of title to the motor vehicle in the12873
dealer's own name if the dealer dismantles or destroys the motor12874
vehicle, indicates the number of the dealer's motor vehicle 12875
salvage dealer's license on it, marks "FOR DESTRUCTION" across 12876
the face of the certificate of title or salvage certificate of 12877
title, and surrenders the certificate of title or salvage 12878
certificate of title to a clerk of a court of common pleas as12879
provided in division (A) of this section. If the salvage dealer12880
retains the motor vehicle for resale, the dealer shall make 12881
application for a salvage certificate of title to the motor 12882
vehicle in the dealer's own name as provided in division (C)(1) of 12883
this section.12884

       (C)(1) When an insurance company declares it economically 12885
impractical to repair such a motor vehicle and has paid an agreed 12886
price for the purchase of the motor vehicle to any insured or 12887
claimant owner, the insurance company shall receive the 12888
certificate of title and the motor vehicle and proceed as follows. 12889
Within thirty days, the insurance company shall deliver the 12890
certificate of title to a clerk of a court of common pleas and12891
shall make application for a salvage certificate of title. The12892
clerk shall issue the salvage certificate of title on a form, 12893
prescribed by the registrar, that shall be easily distinguishable 12894
from the original certificate of title and shall bear the same 12895
number and information as the original certificate of title. 12896
Except as provided in division (C)(2) of this section, the12897
salvage certificate of title shall be assigned by the insurance12898
company to a salvage dealer or any other person for use as12899
evidence of ownership upon the sale or other disposition of the12900
motor vehicle, and the salvage certificate of title shall be12901
transferrable to any other person. The clerk shall charge a fee12902
of four dollars for the cost of processing each salvage12903
certificate of title.12904

       (2) If an insurance company considers a motor vehicle as 12905
described in division (C)(1) of this section to be impossible to 12906
restore for highway operation, the insurance company may assign 12907
the certificate of title to the motor vehicle to a salvage dealer 12908
or scrap metal processing facility and send the assigned 12909
certificate of title to the clerk of the court of common pleas of 12910
the county in which the salvage dealer or scrap metal processing 12911
facility is located. The insurance company shall mark the face 12912
of the certificate of title "FOR DESTRUCTION" and shall deliver12913
a photocopy of the certificate of title to the salvage dealer or 12914
scrap metal processing facility for its records.12915

       (3) If an insurance company declares it economically 12916
impractical to repair a motor vehicle, agrees to pay to the 12917
insured or claimant owner an amount in settlement of a claim 12918
against a policy of motor vehicle insurance covering the motor 12919
vehicle, and agrees to permit the insured or claimant owner to 12920
retain possession of the motor vehicle, the insurance company 12921
shall not pay the insured or claimant owner any amount in 12922
settlement of the insurance claim until the owner obtains a 12923
salvage certificate of title to the vehicle and furnishes a copy 12924
of the salvage certificate of title to the insurance company.12925

       (D) When a self-insured organization, rental or leasing 12926
company, or secured creditor becomes the owner of a motor vehicle 12927
that is burned, damaged, or dismantled and is determined to be 12928
economically impractical to repair, the self-insured 12929
organization, rental or leasing company, or secured creditor 12930
shall do one of the following:12931

       (1) Mark the face of the certificate of title to the motor 12932
vehicle "FOR DESTRUCTION" and surrender the certificate of title 12933
to a clerk of a court of common pleas for cancellation as 12934
described in division (A) of this section. The self-insured 12935
organization, rental or leasing company, or secured creditor then12936
shall deliver the motor vehicle, together with a photocopy of the12937
certificate of title, to a salvage dealer or scrap metal12938
processing facility and shall cause the motor vehicle to be12939
dismantled, flattened, crushed, or destroyed.12940

       (2) Obtain a salvage certificate of title to the motor 12941
vehicle in the name of the self-insured organization, rental or 12942
leasing company, or secured creditor, as provided in division 12943
(C)(1) of this section, and then sell or otherwise dispose of the 12944
motor vehicle. If the motor vehicle is sold, the self-insured 12945
organization, rental or leasing company, or secured creditor 12946
shall obtain a salvage certificate of title to the motor vehicle 12947
in the name of the purchaser from a clerk of a court of common 12948
pleas.12949

       (E) If a motor vehicle titled with a salvage certificate of 12950
title is restored for operation upon the highways, application 12951
shall be made to a clerk of a court of common pleas for a 12952
certificate of title. Upon inspection by the state highway 12953
patrol, which shall include establishing proof of ownership and 12954
an inspection of the motor number and vehicle identification 12955
number of the motor vehicle and of documentation or receipts for 12956
the materials used in restoration by the owner of the motor 12957
vehicle being inspected, which documentation or receipts shall be 12958
presented at the time of inspection, the clerk, upon surrender of 12959
the salvage certificate of title, shall issue a certificate of 12960
title for a fee prescribed by the registrar. The certificate of 12961
title shall be in the same form as the original certificate of 12962
title, shall bear the same number as the salvage certificate of 12963
title and the original certificate of title, and shall bear the 12964
words "REBUILT SALVAGE" in black boldface letters on its face. 12965
Every subsequent certificate of title, memorandum certificate of 12966
title, or duplicate certificate of title issued for the motor 12967
vehicle also shall bear the words "REBUILT SALVAGE" in black 12968
boldface letters on its face. The exact location on the face of 12969
the certificate of title of the words "REBUILT SALVAGE" shall be 12970
determined by the registrar, who shall develop an automated 12971
procedure within the automated title processing system to comply 12972
with this division. The clerk shall use reasonable care in 12973
performing the duties imposed on the clerk by this division in 12974
issuing a certificate of title pursuant to this division, but12975
the clerk is not liable for any of the clerk's errors or12976
omissions or those of the clerk's deputies, or the automated 12977
title processing system in the performance of those duties. A12978
fee of fifty dollars shall be assessed by the state highway 12979
patrol for each inspection made pursuant to this division and 12980
shall be deposited into the state highway safety fund established 12981
by section 4501.06 of the Revised Code.12982

       (F) No person shall operate upon the highways in this state 12983
a motor vehicle, title to which is evidenced by a salvage 12984
certificate of title, except to deliver the motor vehicle 12985
pursuant to an appointment for an inspection under this section.12986

       (G) No motor vehicle the certificate of title to which has 12987
been marked "FOR DESTRUCTION" and surrendered to a clerk of a 12988
court of common pleas shall be used for anything except parts and 12989
scrap metal.12990

       (H)(1) Except as otherwise provided in this division, an 12991
owner of a manufactured or mobile home that will be taxed as real 12992
property pursuant to division (B) of section 4503.06 of the 12993
Revised Code shall surrender the certificate of title to the 12994
auditor of the county containing the taxing district in which the 12995
home is located. An owner whose home qualifies for real property 12996
taxation under divisions (B)(1)(a) and (b) of section 4503.0612997
of the Revised Code shall surrender the certificate within12998
fifteen days after the home meets the conditions specified in12999
those divisions. The auditor shall deliver the certificate of13000
title to the clerk of the court of common pleas who issued it.13001

       (2) If the certificate of title for a manufactured or 13002
mobile home that is to be taxed as real property is held by a 13003
lienholder, the lienholder shall surrender the certificate of13004
title to the auditor of the county containing the taxing district13005
in which the home is located, and the auditor shall deliver the 13006
certificate of title to the clerk of the court of common pleas13007
who issued it. The lienholder shall surrender the certificate13008
within thirty days after both of the following have occurred:13009

       (a) The homeowner has provided written notice to the 13010
lienholder requesting that the certificate of title be 13011
surrendered to the auditor of the county containing the taxing13012
district in which the home is located.13013

       (b) The homeowner has either paid the lienholder the 13014
remaining balance owed to the lienholder, or, with the 13015
lienholder's consent, executed and delivered to the lienholder a 13016
mortgage on the home and land on which the home is sited in the 13017
amount of the remaining balance owed to the lienholder.13018

       (3) Upon the delivery of a certificate of title by the 13019
county auditor to the clerk, the clerk shall inactivate it and13020
retain it for a period of thirty years.13021

       (4) Upon application by the owner of a manufactured or 13022
mobile home that is taxed as real property pursuant to division 13023
(B) of section 4503.06 of the Revised Code and that no longer 13024
satisfies divisions (B)(1)(a) and (b) or divisions (B)(2)(a) and 13025
(b) of that section, the clerk shall reactivate the record of13026
the certificate of title that was inactivated under division13027
(H)(3) of this section and shall issue a new certificate of13028
title, but only if the application contains or has attached to it13029
all of the following:13030

       (a) An endorsement of the county treasurer that all real 13031
property taxes charged against the home under Title LVII of the 13032
Revised Code and division (B) of section 4503.06 of the Revised 13033
Code for all preceding tax years have been paid;13034

       (b) An endorsement of the county auditor that the home will 13035
be removed from the real property tax list;13036

       (c) Proof that there are no outstanding mortgages or other 13037
liens on the home or, if there are such mortgages or other liens, 13038
that the mortgagee or lienholder has consented to the 13039
reactivation of the certificate of title.13040

       (I)(1) Whoever violates division (F) of this section shall13041
be fined not more than two thousand dollars, imprisoned not more13042
than one year, or both.13043

       (2) Whoever violates division (G) of this section shall be13044
fined not more than one thousand dollars, imprisoned not more than13045
six months, or both.13046

       Sec. 4505.111. (A) Every motor vehicle, other than a motor13047
vehicle as provided in divisions (C), (D), and (E) of section13048
4505.11 of the Revised Code, that is assembled from component13049
parts by a person other than the manufacturer, shall be inspected13050
by the state highway patrol prior to issuance of title to the13051
motor vehicle. The inspection shall include establishing proof of13052
ownership and an inspection of the motor number and vehicle13053
identification number of the motor vehicle, and any items of13054
equipment the director of public safety considers advisable and13055
requires to be inspected by rule. A fee of forty dollars in13056
fiscal year 1998 and fifty dollars in fiscal year 1999 and13057
thereafter shall be assessed by the state highway patrol for each13058
inspection made pursuant to this section, and shall be deposited13059
in the state highway safety fund established by section 4501.06 of13060
the Revised Code.13061

       (B)Whoever violates this section shall be fined not more13062
than two thousand dollars, imprisoned not more than one year, or13063
both.13064

       Sec. 4505.15. (A) Manufacturers and importers shall appoint13065
and authorize agents who shall sign manufacturer's or importer's13066
certificates. The registrar of motor vehicles may require that a13067
certified copy of a list containing the names and the facsimile13068
signatures of the authorized agents be furnished himthe registrar13069
and be forwarded to each clerk of the court of common pleas in the13070
respective counties within the state, and the registrar may13071
prescribe the form of authorization to be used by manufacturers or13072
importers and the method of certification of the names of said13073
agents.13074

       (B)Whoever violates this section shall be fined not more13075
than two hundred dollars, imprisoned not more than ninety days, or13076
both.13077

       Sec. 4505.17. (A) Every sheriff, chief of police,13078
constable, state highway patrol trooper, employee of the state13079
highway patrol, and designated officer of the department of public13080
safety, having knowledge of a stolen motor vehicle, immediately13081
shall furnish the registrar of motor vehicles with full13082
information concerning such theft.13083

       Whenever the registrar receives a report of the theft or13084
conversion of a motor vehicle, whether the same has been13085
registered or not and whether owned in this or any other state,13086
the registrar shall make a distinctive record thereof, including13087
the make of the stolen vehicle and its manufacturer's vehicle13088
identification number. The registrar shall prepare a report13089
listing motor vehicles stolen and recovered as disclosed by the13090
reports submitted to the registrar, to be distributed as the13091
registrar determines advisable.13092

       In the event of the receipt from any clerk of the court of13093
common pleas of a copy of a certificate of title to such a motor13094
vehicle, the registrar immediately shall notify the rightful owner13095
thereof and the clerk who issued such certificate of title, and13096
if, upon investigation, it appears that such certificate of title13097
was improperly issued, the registrar immediately shall cancel the13098
certificate.13099

       In the event of the recovery of a stolen or converted motor13100
vehicle, the owner immediately shall notify the registrar, who13101
shall remove the record of the theft or conversion from the13102
registrar's file.13103

       (B)Whoever violates this section shall be fined not more13104
than two hundred dollars, imprisoned not more than ninety days, or13105
both.13106

       Sec. 4505.18.  (A) No person shall do any of the following:13107

       (1) Operate in this state a motor vehicle for which a 13108
certificate of title is required without having that certificate 13109
in accordance with this chapter or, if a physical certificate of 13110
title has not been issued for a motor vehicle, operate the motor13111
vehicle in this state knowing that the ownership information13112
relating to the vehicle has not been entered into the automated13113
title processing system by a clerk of a court of common pleas;13114

       (2) Display or display for sale or sell as a dealer or 13115
acting on behalf of a dealer, a motor vehicle without having 13116
obtained a manufacturer's or importer's certificate, a 13117
certificate of title, or an assignment of a certificate of title13118
for it as provided in this chapter;13119

       (3) Fail to surrender any certificate of title or any 13120
certificate of registration or license plates upon cancellation 13121
of the same by the registrar of motor vehicles and notice of the13122
cancellation as prescribed in this chapter;13123

       (4) Fail to surrender the certificate of title to a clerk13124
of a court of common pleas as provided in this chapter in case13125
of the destruction or dismantling or change of a motor vehicle13126
in such respect that it is not the motor vehicle described in13127
the certificate of title;13128

       (5) Violate any rules adopted pursuant to this chapter;13129

       (6) Except as otherwise provided in this chapter and 13130
Chapter 4517. of the Revised Code, sell at wholesale a motor 13131
vehicle the ownership of which is not evidenced by an Ohio 13132
certificate of title, or the current certificate of title issued 13133
for the motor vehicle, or the manufacturer's certificate of 13134
origin, and all title assignments that evidence the seller's 13135
ownership of the motor vehicle, and an odometer disclosure 13136
statement that complies with section 4505.06 of the Revised Code 13137
and subchapter IV of the "Motor Vehicle Information and Cost 13138
Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981;13139

       (7) Operate in this state a motor vehicle knowing that the 13140
certificate of title to the vehicle or ownership of the vehicle13141
as otherwise reflected in the automated title processing system13142
has been canceled.13143

       (B) This section does not apply to persons engaged in the 13144
business of warehousing or transporting motor vehicles for the 13145
purpose of salvage disposition.13146

       (C)Whoever violates this section shall be fined not more13147
than two hundred dollars, imprisoned not more than ninety days, or13148
both.13149

       Sec. 4505.19. (A) No person shall do any of the following:13150

       (A)(1) Procure or attempt to procure a certificate of title 13151
or a salvage certificate of title to a motor vehicle, or pass or 13152
attempt to pass a certificate of title, a salvage certificate of 13153
title, or any assignment of a certificate of title or salvage13154
certificate of title to a motor vehicle, or in any other manner13155
gain or attempt to gain ownership to a motor vehicle, knowing or 13156
having reason to believe that the motor vehicle or any part of 13157
the motor vehicle has been acquired through commission of a13158
theft offense as defined in section 2913.01 of the Revised Code;13159

       (B)(2) Purport to sell or transfer a motor vehicle without 13160
delivering to the purchaser or transferee of it a certificate 13161
of title, a salvage certificate of title, or a manufacturer's or 13162
importer's certificate to it, assigned to the purchaser as 13163
provided for in this chapter, except as otherwise provided in13164
this chapter;13165

       (C)(3) With intent to defraud, possess, sell, offer to sell, 13166
counterfeit, or supply a blank, forged, fictitious, counterfeit, 13167
stolen, or fraudulently or unlawfully obtained certificate of 13168
title, registration, bill of sale, or other instruments of 13169
ownership of a motor vehicle, or conspire to do any of the 13170
foregoing;13171

       (D)(4) Knowingly obtain goods, services, credit, or money by 13172
means of an invalid, fictitious, forged, counterfeit, stolen, or 13173
unlawfully obtained original or duplicate certificate of title, 13174
registration, bill of sale, or other instrument of ownership of a 13175
motor vehicle;13176

       (E)(5) Knowingly obtain goods, services, credit, or money by 13177
means of a certificate of title to a motor vehicle, which is 13178
required to be surrendered to the registrar of motor vehicles or 13179
the clerk of the court of common pleas as provided in this 13180
chapter.13181

       (B)Whoever violates this section shall be fined not more13182
than five thousand dollars or imprisoned in the county jail or13183
workhouse not less than six months nor more than one year, or13184
both, or in a state correctional institution not less than one13185
year nor more than five years.13186

       Sec. 4505.20.  (A) Notwithstanding division (A)(2) of 13187
section 4505.18 of the Revised Code or any other provision of 13188
this chapter or Chapter 4517. of the Revised Code, a secured13189
party may designate any dealer to display, display for sale, or13190
sell a manufactured or mobile home if the home has come into13191
the possession of that secured party by a default in the terms13192
of a security instrument and the certificate of title remains13193
in the name and possession of the secured party.13194

       (B) Notwithstanding division (A)(2) of section 4505.18 of 13195
the Revised Code or any other provision of this chapter or13196
Chapter 4517. of the Revised Code, the owner of a recreational13197
vehicle or a secured party of a recreational vehicle who has13198
come into possession of the vehicle by a default in the terms13199
of a security instrument, may designate any dealer to display,13200
display for sale, or sell the vehicle while the certificate of13201
title remains in the possession of the owner or secured party.13202
No dealer may display or offer for sale more than five13203
recreational vehicles at any time under this division. No 13204
dealer may display or offer for sale a recreational vehicle13205
under this division unless the dealer maintains insurance or13206
the bond of a surety company authorized to transact business 13207
within this state in an amount sufficient to satisfy the fair 13208
market value of the vehicle.13209

       (C) The registrar of motor vehicles may adopt rules in 13210
accordance with Chapter 119. of the Revised Code prescribing the 13211
maximum number of manufactured or mobile homes that have come into 13212
the possession of a secured party by a default in the terms of a 13213
security instrument that any dealer may display or offer for sale 13214
at any time. The registrar may adopt other reasonable rules 13215
regarding the resale of such manufactured homes, mobile homes,13216
and recreational vehicles that the registrar considers13217
necessary.13218

       (D) The secured party or owner shall provide the dealer 13219
with written authorization to display, display for sale, or sell13220
the manufactured home, mobile home, or recreational vehicle. The 13221
dealer shall show and explain the written authorization to any 13222
prospective purchaser. The written authorization shall contain 13223
the vehicle identification number, make, model, year of 13224
manufacture, and physical description of the manufactured home, 13225
mobile home, or recreational vehicle that is provided to the 13226
dealer.13227

       (E) As used in this section, "dealer" means a new motor 13228
vehicle dealer that is licensed under Chapter 4517. of the13229
Revised Code.13230

       (F) Whoever violates this section shall be fined not more13231
than two hundred dollars, imprisoned not more than ninety days, or13232
both.13233

       Sec. 4505.21.  (A) As used in this section:13234

       (1) "Certified receipt of title cancellation" means a form13235
prescribed by the registrar of motor vehicles for use under this13236
section that shall include all of the following:13237

       (a) The name of the owner who surrenders a certificate of13238
title to a vehicle intended to be exported;13239

       (b) A description of the motor vehicle that shall include13240
the year, make, model, style, vehicle identification number,13241
color, license registration number, and the state of registration;13242

       (c) The destination of the motor vehicle;13243

       (d) Whether the purpose of the export is for sale, lease,13244
personal use, or other specified use;13245

       (e) Such other information as the registrar determines to be13246
appropriate.13247

       (2) A "declaration of temporary export" means a form13248
prescribed by the registrar that includes all of the following:13249

       (a) The items specified in divisions (A)(1)(a) to (e) of13250
this section;13251

       (b) A statement that the vehicle will not be permanently13252
located outside of the United States and that the owner intends to13253
return the vehicle to the United States;13254

       (c) The period of time for which it is anticipated that the13255
motor vehicle will be located outside of the United States.13256

       (3) "Export" means the shipping or transportation of a motor13257
vehicle from any point inside the United States to a point outside13258
of the United States. "Export" does not include operating the13259
motor vehicle by means of its own power or that of a motor vehicle13260
drawing or towing it unless the purpose of the owner is to avoid13261
compliance with division (B) or (C) of this section.13262

       (4) "Owner" means the person named on a certificate of title13263
issued by this state as the owner or assignee of the owner of the13264
motor vehicle for which the certificate of title has been issued13265
and includes any person who is lawfully entitled to the issuance13266
of a new certificate of title to the motor vehicle naming the13267
person as owner of the vehicle or who is lawfully entitled to13268
surrender the certificate of title under this section. "Owner"13269
includes a secured party who exports or permits the export of a13270
motor vehicle in the exercise of the secured party's rights and13271
powers under the security agreement.13272

       (B) No owner of a motor vehicle who exports or permits the13273
export of the motor vehicle for permanent location outside of the13274
United States shall do any of the following:13275

       (1) Fail to surrender the certificate of title to the motor13276
vehicle to the registrar prior to the date that the motor vehicle13277
is delivered to any person for export;13278

       (2) Knowingly fail to surrender the certificate of title to13279
the motor vehicle to the registrar prior to the date that the13280
motor vehicle is delivered to any person for export.13281

       (C) No owner of a motor vehicle who exports or permits the13282
export of the motor vehicle for temporary location outside of the13283
United States shall do any of the following:13284

       (1) Fail to file a declaration of temporary export with the13285
registrar prior to the date that the motor vehicle is delivered to13286
any person for export;13287

       (2) Purposely fail to file a declaration of temporary export13288
with the registrar prior to the date that the motor vehicle is13289
delivered to any person for export in order to facilitate the13290
commission of a conspiracy, attempt, complicity, or theft offense13291
related to the title of a motor vehicle or the proceeds of a motor13292
vehicle insurance policy.13293

       (D)(1) Proof that the defendant acted in good faith and13294
surrendered the certificate of title to the registrar within a13295
reasonable time after delivery of the motor vehicle for export is13296
an affirmative defense to a prosecution under division (B)(1) of13297
this section.13298

       (2) Proof that the defendant acted in good faith and filed a13299
declaration of temporary export with the registrar within a13300
reasonable time after delivery of the motor vehicle for export is13301
an affirmative defense to a prosecution under division (C)(1) of13302
this section.13303

       (E) The registrar shall prescribe forms to be signed by the13304
owner who surrenders a certificate of title for cancellation under13305
this section and by all secured parties whose uncanceled security13306
interests are noted on the certificate. The form shall indicate13307
the person to whom a certified receipt of title cancellation is to13308
be delivered and any security interests that are to be noted on13309
the certified receipt of title cancellation. The registrar shall13310
inspect the title surrender form and the certificate of title to13311
determine whether any uncanceled security interests have been13312
noted on the title under section 4505.13 of the Revised Code and13313
whether the person exporting the vehicle is the lawful owner. If13314
the registrar determines that the certificate is in proper order13315
and that all secured parties having uncanceled security interests13316
noted on the certificate have consented to the surrender of the13317
certificate, the registrar shall issue a certified receipt of13318
title to the owner with such notation of security interests as13319
shall be requested upon the title surrender form.13320

       (F) The registrar shall record a declaration of temporary13321
export filed under division (B)(2) of this section and retain it13322
with the records of the certificate of title until the owner13323
notifies the registrar, on a form prescribed by the registrar,13324
that the motor vehicle has been returned to the United States.13325

       (G)(1) Whoever violates division (B)(1) or (C)(1) of this13326
section is guilty of a misdemeanor of the first degree.13327

       (2) Whoever violates division (B)(2) or (C)(2) of this13328
section is guilty of a felony of the fifth degree.13329

       Sec. 4505.99. (A) Whoever violates division (G) of section13330
4505.11 of the Revised Code shall be fined not more than one13331
thousand dollars, imprisoned not more than six months, or both.13332

       (B) Whoever violates division (F) of section 4505.11 or13333
section 4505.111 of the Revised Code shall be fined not more than13334
two thousand dollars or imprisoned not more than one year, or13335
both.13336

       (C) Whoever violates any provision of sections 4505.01 to13337
4505.21 of the Revised Code for which no penalty is otherwise is13338
provided in thisthe section that contains the provision violated13339
shall be fined not more than two hundred dollars, imprisoned not13340
more than ninety days, or both.13341

       (D) Whoever violates section 4505.19 of the Revised Code13342
shall be fined not more than five thousand dollars or imprisoned13343
in the county jail or workhouse not less than six months nor more13344
than one year, or both, or in a state correctional institution not13345
less than one nor more than five years.13346

       (E) Whoever violates division (B)(1) or (C)(1) of section13347
4505.21 of the Revised Code is guilty of a misdemeanor of the13348
first degree.13349

       (F) Whoever violates division (B)(2) or (C)(2) of section13350
4505.21 of the Revised Code is guilty of a felony of the fifth13351
degree.13352

       Sec. 4506.01.  As used in this chapter:13353

       (A) "Alcohol concentration" means the concentration of13354
alcohol in a person's blood, breath, or urine. When expressed as13355
a percentage, it means grams of alcohol per the following:13356

       (1) One hundred milliliters of whole blood, blood serum, or13357
blood plasma;13358

       (2) Two hundred ten liters of breath;13359

       (3) One hundred milliliters of urine.13360

       (B) "School bus" has the same meaning as in section 4511.0113361
of the Revised Code.13362

       (C) "Commercial driver's license" means a license issued in13363
accordance with this chapter that authorizes an individual to13364
drive a commercial motor vehicle.13365

       (D) "Commercial driver license information system" means the13366
information system established pursuant to the requirements of the13367
"Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 3207-171,13368
49 U.S.C.A. App. 2701.13369

       (E) Except when used in section 4506.25 of the Revised Code,13370
"commercial motor vehicle" means any motor vehicle designed or13371
used to transport persons or property that meets any of the13372
following qualifications:13373

       (1) Any combination of vehicles with a combined gross13374
vehicle weight rating of twenty-six thousand one pounds or more,13375
provided the gross vehicle weight rating of the vehicle or13376
vehicles being towed is in excess of ten thousand pounds;13377

       (2) Any single vehicle with a gross vehicle weight rating of13378
twenty-six thousand one pounds or more, or any such vehicle towing13379
a vehicle having a gross vehicle weight rating that is not in13380
excess of ten thousand pounds;13381

       (3) Any single vehicle or combination of vehicles that is13382
not a class A or class B vehicle, but that either is designed to13383
transport sixteen or more passengers including the driver, or is13384
placarded for hazardous materials;13385

       (4) Any school bus with a gross vehicle weight rating of13386
less than twenty-six thousand one pounds that is designed to13387
transport fewer than sixteen passengers including the driver;13388

       (5) Is transporting hazardous materials for which placarding13389
is required by regulations adopted under the "Hazardous Materials13390
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as13391
amended;13392

       (6) Any single vehicle or combination of vehicles that is13393
designed to be operated and to travel on a public street or13394
highway and is considered by the federal highway administration to13395
be a commercial motor vehicle, including, but not limited to, a13396
motorized crane, a vehicle whose function is to pump cement, a rig13397
for drilling wells, and a portable crane.13398

       (F) "Controlled substance" means all of the following:13399

       (1) Any substance classified as a controlled substance under13400
the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A.13401
802(6), as amended;13402

       (2) Any substance included in schedules I through V of 2113403
C.F.R. part 1308, as amended;13404

       (3) Any drug of abuse.13405

       (G) "Conviction" means an unvacated adjudication of guilt or13406
a determination that a person has violated or failed to comply13407
with the law in a court of original jurisdiction or an authorized13408
administrative tribunal, an unvacated forfeiture of bail or13409
collateral deposited to secure the person's appearance in court,13410
the payment of a fine or court cost, or violation of a condition13411
of release without bail, regardless of whether or not the penalty13412
is rebated, suspended, or probated.13413

       (H) "Disqualification" means withdrawal of the privilege to13414
drive a commercial motor vehicle.13415

       (I) "Drive" means to drive, operate, or be in physical13416
control of a motor vehicle.13417

       (J) "Driver" means any person who drives, operates, or is in13418
physical control of a commercial motor vehicle or is required to13419
have a commercial driver's license.13420

       (K) "Driver's license" means a license issued by the bureau13421
of motor vehicles that authorizes an individual to drive.13422

       (L) "Drug of abuse" means any controlled substance,13423
dangerous drug as defined in section 4729.01 of the Revised Code,13424
or over-the-counter medication that, when taken in quantities13425
exceeding the recommended dosage, can result in impairment of13426
judgment or reflexes.13427

       (M) "Employer" means any person, including the federal13428
government, any state, and a political subdivision of any state,13429
that owns or leases a commercial motor vehicle or assigns a person13430
to drive such a motor vehicle.13431

       (N) "Endorsement" means an authorization on a person's13432
commercial driver's license that is required to permit the person13433
to operate a specified type of commercial motor vehicle.13434

       (O) "Felony" means any offense under federal or state law13435
that is punishable by death or specifically classified as a felony13436
under the law of this state, regardless of the penalty that may be13437
imposed.13438

       (P) "Foreign jurisdiction" means any jurisdiction other than13439
a state.13440

       (Q) "Gross vehicle weight rating" means the value specified13441
by the manufacturer as the maximum loaded weight of a single or a13442
combination vehicle. The gross vehicle weight rating of a13443
combination vehicle is the gross vehicle weight rating of the13444
power unit plus the gross vehicle weight rating of each towed13445
unit.13446

       (R) "Hazardous materials" means materials identified as such13447
under regulations adopted under the "Hazardous Materials13448
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as13449
amended.13450

       (S) "Motor vehicle" has the same meaning as in section13451
4511.01 of the Revised Code.13452

       (T) Except when used in sections 4506.25 and 4506.26 of the13453
Revised Code, "out-of-service order" means a temporary prohibition13454
against driving a commercial motor vehicle issued under this13455
chapter or a similar law of another state or of a foreign13456
jurisdiction.13457

       (U) "Residence" means any person's residence determined in13458
accordance with standards prescribed in rules adopted by the13459
registrar.13460

       (V) "Temporary residence" means residence on a temporary13461
basis as determined by the registrar in accordance with standards13462
prescribed in rules adopted by the registrar.13463

       (W) "Serious traffic violation" means a conviction arising13464
from the operation of a commercial motor vehicle that involves any13465
of the following:13466

       (1) A single charge of any speed that is in excess of the13467
posted speed limit by an amount specified by the United States13468
secretary of transportation and that the director of public safety13469
designates as such by rule;13470

       (2) Violation of section 4511.20, 4511.201, or 4511.202 of13471
the Revised Code or any similar ordinance or resolution, or of any13472
similar law of another state or political subdivision of another13473
state;13474

       (3) Violation of a law of this state or an ordinance or13475
resolution relating to traffic control, other than a parking13476
violation, or of any similar law of another state or political13477
subdivision of another state, that results in a fatal accident;13478

       (4) Violation of any other law of this state or an ordinance13479
or resolution relating to traffic control, other than a parking13480
violation, that is determined to be a serious traffic violation by13481
the United States secretary of transportation and the director13482
designates as such by rule.13483

       (X) "State" means a state of the United States and includes13484
the District of Columbia.13485

       (Y) "Tank vehicle" means any commercial motor vehicle that13486
is designed to transport any liquid and has a maximum capacity13487
greater than one hundred nineteen gallons or is designed to13488
transport gaseous materials and has a water capacity greater than13489
one thousand pounds within a tank that is either permanently or13490
temporarily attached to the vehicle or its chassis. "Tank13491
vehicle" does not include either of the following:13492

       (1) Any portable tank having a rated capacity of less than13493
one thousand gallons;13494

       (2) Tanks used exclusively as a fuel tank for the motor13495
vehicle to which it is attached.13496

       (Z) "United States" means the fifty states and the District13497
of Columbia.13498

       (AA) "Vehicle" has the same meaning as in section 4511.01 of13499
the Revised Code.13500

       (BB) "Peace officer" has the same meaning as in section13501
2935.01 of the Revised Code.13502

       (CC) "Portable tank" means a liquid or gaseous packaging13503
designed primarily to be loaded on or temporarily attached to a13504
vehicle and equipped with skids, mountings, or accessories to13505
facilitate handling of the tank by mechanical means.13506

       Sec. 4506.02.  (A) Nothing in this chapter applies to any13507
person when engaged in the operation of any of the following:13508

       (1) A farm truck;13509

       (2) Fire equipment for a fire department, volunteer or13510
nonvolunteer fire company, fire district, or joint fire district;13511

       (3) A public safety vehicle used to provide transportation13512
or emergency medical service for ill or injured persons;13513

       (4) A recreational vehicle;13514

       (5) A commercial motor vehicle within the boundaries of an13515
eligible unit of local government, if the person is employed by13516
the eligible unit of local government and is operating the13517
commercial motor vehicle for the purpose of removing snow or ice13518
from a roadway by plowing, sanding, or salting, but only if either13519
the employee who holds a commercial driver's license issued under13520
this chapter and ordinarily operates a commercial motor vehicle13521
for these purposes is unable to operate the vehicle, or the13522
employing eligible unit of local government determines that a snow13523
or ice emergency exists that requires additional assistance;13524

       (6) A vehicle owned by the department of defense and13525
operated by any member or uniformed employee of the armed forces13526
of the United States or their reserve components, including the13527
Ohio national guard. This exception does not apply to United13528
States reserve technicians.13529

       (7) A commercial motor vehicle that is operated for13530
nonbusiness purposes. "Operated for nonbusiness purposes" means13531
that the commercial motor vehicle is not used in commerce as13532
"commerce" is defined in 49 C.F.R. 383.5, as amended, and is not13533
regulated by the public utilities commission pursuant to Chapter13534
4919., 4921., or 4923. of the Revised Code.13535

       (8)A motor vehicle that is designed primarily for the13536
transportation of goods and not persons, while that motor vehicle13537
is being used for the occasional transportation of personal13538
property by individuals not for compensation and not in the13539
furtherance of a commercial enterprise.13540

       (B) Nothing contained in division (A)(5) of this section13541
shall be construed as preempting or superseding any law, rule, or13542
regulation of this state concerning the safe operation of13543
commercial motor vehicles.13544

       (B)(C) As used in this section:13545

       (1) "Eligible unit of local government" means a village,13546
township, or county that has a population of not more than three13547
thousand persons according to the most recent federal census.13548

       (2) "Farm truck" means a truck controlled and operated by a13549
farmer for use in the transportation to or from a farm, for a13550
distance of no more than one hundred fifty miles, of products of13551
the farm, including livestock and its products, poultry and its13552
products, floricultural and horticultural products, and in the13553
transportation to the farm, from a distance of no more than one13554
hundred fifty miles, of supplies for the farm, including tile,13555
fence, and every other thing or commodity used in agricultural,13556
floricultural, horticultural, livestock, and poultry production,13557
and livestock, poultry, and other animals and things used for13558
breeding, feeding, or other purposes connected with the operation13559
of the farm, when the truck is operated in accordance with this13560
division and is not used in the operations of a motor13561
transportation company or private motor carrier.13562

       (3) "Public safety vehicle" has the same meaning as in13563
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.13564

       (4) "Recreational vehicle" includes every vehicle that is13565
defined as a recreational vehicle in section 4501.01 of the13566
Revised Code and is used exclusively for purposes other than13567
engaging in business for profit.13568

       Sec. 4506.03.  (A) On and after April 1, 1992, the following13569
shall apply:13570

       (1) No person shall drive a commercial motor vehicle on a13571
highway in this state unless hethe person holds a valid13572
commercial driver's license with proper endorsements for the motor13573
vehicle being driven, issued by the registrar of motor vehicles, a13574
valid examiner's commercial driving permit issued under section13575
4506.13 of the Revised Code, a valid restricted commercial13576
driver's license and waiver for farm-related service industries13577
issued under section 4506.24 of the Revised Code, or a valid13578
commercial driver's license temporary instruction permit issued by13579
the registrar and is accompanied by an authorized state driver's13580
license examiner or tester or a person who has been issued and has13581
in histhe person's immediate possession a current, valid13582
commercial driver's license with proper endorsements for the motor13583
vehicle being driven.13584

       (2) No person shall be issued a commercial driver's license13585
until hethe person surrenders to the registrar of motor vehicles13586
all valid licenses issued to himthe person by another13587
jurisdiction recognized by this state. All surrendered licenses13588
shall be returned by the registrar to the issuing authority.13589

       (3) No person who has been a resident of this state for13590
thirty days or longer shall drive a commercial motor vehicle under13591
the authority of a commercial driver's license issued by another13592
jurisdiction.13593

       (B) As used in this section and in section 4506.09 of the13594
Revised Code, "tester" means a person or entity acting pursuant to13595
a valid agreement entered into under division (B) of section13596
4506.09 of the Revised Code.13597

       (C)Whoever violates this section is guilty of a misdemeanor13598
of the first degree.13599

       Sec. 4506.04.  (A) No person shall do any of the following:13600

       (1) Drive a commercial motor vehicle while having in histhe13601
person's possession or otherwise under histhe person's control13602
more than one valid driver's license issued by this state, any13603
other state, or by a foreign jurisdiction;13604

       (2) Drive a commercial motor vehicle on a highway in this13605
state in violation of an out-of-service order, while histhe13606
person's driving privilege is suspended, revoked, or canceled, or13607
while hethe person is subject to disqualification;13608

       (3) Drive a motor vehicle on a highway in this state under13609
authority of a commercial driver's license issued by another state13610
or a foreign jurisdiction, after having been a resident of this13611
state for thirty days or longer;13612

       (4) Knowingly give false information in any application or13613
certification required by section 4506.07 of the Revised Code.13614

       (B) The department of public safety shall give every13615
conviction occurring out of this state and notice of which is13616
received after December 31, 1989, full faith and credit and treat13617
it for sanctioning purposes under this chapter as though the13618
conviction had occurred in this state.13619

       (C)(1) Whoever violates division (A)(1), (2), or (3) of this13620
section is guilty of a misdemeanor of the first degree.13621

       (2) Whoever violates division (A)(4) of this section is13622
guilty of falsification, a misdemeanor of the first degree. In13623
addition, the provisions of section 4507.19 of the Revised Code13624
apply.13625

       Sec. 4506.05. (A) Notwithstanding any other provision of13626
law, a person may drive a commercial motor vehicle on a highway in13627
this state if all of the following conditions are met:13628

       (A) He(1)The person has a valid commercial driver's13629
license or commercial driver's license temporary instruction13630
permit issued by any state in accordance with the minimum13631
standards adopted by the federal highway administration under the13632
"Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 3207-171,13633
49 U.S.C.A. App. for issuance of commercial drivers' licenses;13634

       (B) His(2)The person's commercial driver's license or13635
permit is not suspended, revoked, or canceled;13636

       (C) He(3)The person is not disqualified from driving a13637
commercial motor vehicle;13638

       (D) He(4)The person is not subject to an out-of-service13639
order.13640

       (B)Whoever violates this section is guilty of a misdemeanor13641
of the first degree.13642

       Sec. 4506.06. (A) The registrar of motor vehicles, upon13643
receiving an application for a commercial driver's temporary13644
instruction permit, may issue the permit to any person who is at13645
least eighteen years of age and holds a valid driver's license,13646
other than a restricted license, issued under Chapter 4507. of the13647
Revised Code. A commercial driver's temporary instruction permit13648
shall not be issued for a period exceeding six months and only one13649
renewal of a permit shall be granted in a two-year period.13650

       The holder of a commercial driver's temporary instruction13651
permit, unless otherwise disqualified, may drive a commercial13652
motor vehicle when having the permit in the holder's actual13653
possession and accompanied by a person who holds a valid13654
commercial driver's license valid for the type of vehicle being13655
driven and who occupies a seat beside the permit holder for the13656
purpose of giving instruction in driving the motor vehicle.13657

       (B)Whoever violates this section is guilty of a misdemeanor13658
of the first degree.13659

       Sec. 4506.10.  (A) No person who holds a valid commercial13660
driver's license shall drive a commercial motor vehicle unless 13661
the person is physically qualified to do so. Each person who13662
drives or expects to drive a commercial motor vehicle in13663
interstate or foreign commerce or is otherwise subject to 4913664
C.F.R. 391, et seq., as amended, shall certify to the registrar of13665
motor vehicles at the time of application for a commercial13666
driver's license that the person is in compliance with these13667
standards. Any person who is not subject to 49 C.F.R. 391, et13668
seq., as amended, also shall certify at the time of application13669
that the person is not subject to these standards.13670

       (B) A person is qualified to drive a class B commercial13671
motor vehicle with a school bus endorsement, if the person has13672
been certified as medically qualified in accordance with rules13673
adopted by the department of education.13674

       (C)(1) Except as provided in division (C)(2) of this13675
section, any medical examination required by this section shall be13676
performed only by one of the following:13677

       (a) A person licensed under Chapter 4731. of the Revised13678
Code to practice medicine or surgery or osteopathic medicine and13679
surgery in this state, or licensed under any similar law of13680
another state;13681

       (b) A person licensed as a physician assistant under Chapter13682
4730. of the Revised Code who practices under the supervision and13683
direction of a physician as required under that chapter and who is13684
authorized by the supervising physician to perform such a medical13685
examination;13686

       (c) A person who is a certified nurse practitioner or a13687
clinical nurse specialist licensed under Chapter 4723. of the13688
Revised Code who is practicing in accordance with a standard care13689
arrangement pursuant to section 4723.431 of the Revised Code.13690

       (2) Any part of an examination required by this section13691
that pertains to visual acuity, field of vision, and the ability13692
to recognize colors may be performed by a person licensed under13693
Chapter 4725. of the Revised Code to practice optometry in this13694
state, or licensed under any similar law of another state.13695

       (D) Whenever good cause appears, the registrar, upon issuing13696
a commercial driver's license under this chapter, may impose13697
restrictions suitable to the licensee's driving ability with13698
respect to the type of motor vehicle or special mechanical control13699
devices required on a motor vehicle that the licensee may13700
operate, or such other restrictions applicable to the licensee as13701
the registrar determines to be necessary.13702

       The registrar may either issue a special restricted license13703
or may set forth the restrictions upon the usual license form the13704
restrictions imposed.13705

       The registrar, upon receiving satisfactory evidence of any13706
violation of the restrictions of the license, may suspend or13707
revoke itimpose a class D license suspension of the license for13708
the period of time specified in division (B)(4) of section 4510.0213709
of the Revised Code.13710

       The registrar, upon receiving satisfactory evidence that an13711
applicant or holder of a commercial driver's license has violated13712
division (A)(4) of section 4506.04 of the Revised Code and13713
knowingly given false information in any application or13714
certification required by section 4506.07 of the Revised Code,13715
shall cancel the commercial driver's license of the person or any13716
pending application from the person for a commercial driver's13717
license or class D driver's license for a period of at least sixty13718
days, during which time no application for a commercial driver's13719
license or class D driver's license shall be received from the13720
person.13721

       (E)Whoever violates this section is guilty of a misdemeanor13722
of the first degree.13723

       Sec. 4506.11.  (A) Every commercial driver's license shall13724
be marked "commercial driver's license" or "CDL" and shall be of13725
such material and so designed as to prevent its reproduction or13726
alteration without ready detection, and, to this end, shall be13727
laminated with a transparent plastic material. The commercial13728
driver's license for licensees under twenty-one years of age shall13729
have characteristics prescribed by the registrar of motor vehicles13730
distinguishing it from that issued to a licensee who is twenty-one13731
years of age or older. Every commercial driver's license shall13732
display all of the following information:13733

       (1) The name and residence address of the licensee;13734

       (2) A color photograph of the licensee;13735

       (3) A physical description of the licensee, including sex,13736
height, weight, and color of eyes and hair;13737

       (4) The licensee's date of birth;13738

       (5) The licensee's social security number if the person has13739
requested that the number be displayed in accordance with section13740
4501.31 of the Revised Code or if federal law requires the social13741
security number to be displayed and any number or other identifier13742
the director of public safety considers appropriate and13743
establishes by rules adopted under Chapter 119. of the Revised13744
Code and in compliance with federal law.13745

       (6) The licensee's signature;13746

       (7) The classes of commercial motor vehicles the licensee is13747
authorized to drive and any endorsements or restrictions relating13748
to the licensee's driving of those vehicles;13749

       (8) A space marked "blood type" in which the licensee may13750
specify the licensee's blood type;13751

       (9) The name of this state;13752

       (10) The dates of issuance and of expiration of the license;13753

       (11) If the licensee has certified willingness to make an13754
anatomical donation under section 2108.04 of the Revised Code, any13755
symbol chosen by the registrar of motor vehicles to indicate that13756
the licensee has certified that willingness;13757

       (12) If the licensee has executed a durable power of13758
attorney for health care or a declaration governing the use or13759
continuation, or the withholding or withdrawal, of life-sustaining13760
treatment and has specified that the licensee wishes the license13761
to indicate that the licensee has executed either type of13762
instrument, any symbol chosen by the registrar to indicate that13763
the licensee has executed either type of instrument;13764

       (13) Any other information the registrar considers advisable13765
and requires by rule.13766

       (B) The registrar may establish and maintain a file of13767
negatives of photographs taken for the purposes of this section.13768

       (C) Neither the registrar nor any deputy registrar shall13769
issue a commercial driver's license to anyone under twenty-one13770
years of age that does not have the characteristics prescribed by13771
the registrar distinguishing it from the commercial driver's13772
license issued to persons who are twenty-one years of age or13773
older.13774

       (D)Whoever violates division (C) of this section is guilty13775
of a minor misdemeanor.13776

       Sec. 4506.12.  (A) Commercial drivers' licenses shall be13777
issued in the following classes and shall include any endorsements13778
and restrictions that are applicable. Subject to any such13779
endorsements and restrictions, the holder of a valid commercial13780
driver's license may drive all commercial motor vehicles in the13781
class for which that license is issued and all lesser classes of13782
vehicles, except that hethe holder shall not operate a motorcycle13783
unless hethe holder is licensed to do so under Chapter 4507. of13784
the Revised Code.13785

       (B) The classes of commercial drivers' licenses and the13786
commercial motor vehicles that they authorize the operation of are13787
as follows:13788

       (1) Class A--any combination of vehicles with a combined13789
gross vehicle weight rating of twenty-six thousand one pounds or13790
more, if the gross vehicle weight rating of the vehicle or13791
vehicles being towed is in excess of ten thousand pounds.13792

       (2) Class B--any single vehicle with a gross vehicle weight13793
rating of twenty-six thousand one pounds or more or any such13794
vehicle towing a vehicle having a gross vehicle weight rating that13795
is not in excess of ten thousand pounds.13796

       (3) Class C--any single vehicle, or combination of vehicles,13797
that is not a class A or class B vehicle, but that either is13798
designed to transport sixteen or more passengers, including the13799
driver, or is placarded for hazardous materials and any school bus13800
with a gross vehicle weight rating of less than twenty-six13801
thousand one pounds that is designed to transport fewer than13802
sixteen passengers including the driver.13803

       (C) The following endorsements and restrictions apply to13804
commercial drivers' licenses:13805

       (1) H--authorizes the driver to drive a vehicle transporting13806
hazardous materials;13807

       (2) K--restricts the driver to only intrastate operation;13808

       (3) L--restricts the driver to vehicles not equipped with13809
air brakes;13810

       (4) T--authorizes the driver to drive double and triple13811
trailers;13812

       (5) P--authorizes the driver to drive vehicles carrying13813
passengers;13814

       (6) P1--authorizes the driver to drive class A vehicles with13815
fewer than fifteen passengers and all lesser classes of vehicles13816
without restriction as to the number of passengers;13817

       (7) P2--authorizes the driver to drive class A or B vehicles13818
with fewer than fifteen passengers and all lesser classes of13819
vehicles without restriction as to the number of passengers;13820

       (8) P3--restricts the driver to driving class B school13821
buses;13822

       (9) P4--Restricts the driver to driving class C school buses13823
designed to transport fewer than sixteen passengers including the13824
driver.13825

       (10) N--authorizes the driver to drive tank vehicles;13826

       (11) S--authorizes the driver to drive school buses;13827

       (12) X--authorizes the driver to drive tank vehicles13828
transporting hazardous materials;13829

       (13) W--restricts the driver to the operation of commercial13830
motor vehicles in accordance with a waiver for farm-related13831
service industries issued under section 4506.24 of the Revised13832
Code.13833

       (D) No person shall drive any commercial motor vehicle for13834
which an endorsement is required under this section unless the13835
proper endorsement appears on the person's commercial driver's13836
license.13837

       (E)Whoever violates this section is guilty of a misdemeanor13838
of the first degree.13839

       Sec. 4506.14.  (A) Commercial driver's licenses shall expire13840
as follows:13841

       (1) Except as provided in division (A)(3) of this section,13842
each such license issued to replace an operator's or chauffeur's13843
license shall expire on the original expiration date of the13844
operator's or chauffeur's license and, upon renewal, shall expire13845
on the licensee's birthday in the fourth year after the date of13846
issuance.13847

       (2) Except as provided in division (A)(3) of this section,13848
each such license issued as an original license to a person whose13849
residence is in this state shall expire on the licensee's birthday13850
in the fourth year after the date of issuance, and each such13851
license issued to a person whose temporary residence is in this13852
state shall expire in accordance with rules adopted by the13853
registrar of motor vehicles. A license issued to a person with a13854
temporary residence in this state is nonrenewable, but may be13855
replaced with a new license within ninety days prior to its13856
expiration upon the applicant's compliance with all applicable13857
requirements.13858

       (3) Each such license issued to replace the operator's or13859
chauffeur's license of a person who is less than twenty-one years13860
of age, and each such license issued as an original license to a13861
person who is less than twenty-one years of age, shall expire on13862
the licensee's twenty-first birthday.13863

       (B) No commercial driver's license shall be issued for a13864
period longer than four years and ninety days. Except as provided13865
in section 4507.12 of the Revised Code, the registrar may waive13866
the examination of any person applying for the renewal of a13867
commercial driver's license issued under this chapter, provided13868
that the applicant presents either an unexpired commercial13869
driver's license or a commercial driver's license that has expired13870
not more than six months prior to the date of application.13871

       (C) Subject to the requirements of this chapter and except13872
as provided in division (A)(2) of this section in regard to a13873
person whose temporary residence is in this state, every13874
commercial driver's license shall be renewable ninety days before13875
its expiration upon payment of the fees required by section13876
4506.08 of the Revised Code. Each person applying for renewal of13877
a commercial driver's license shall complete the application form13878
prescribed by section 4506.07 of the Revised Code and shall13879
provide all certifications required. If the person wishes to13880
retain an endorsement authorizing the person to transport13881
hazardous materials, the person shall take and successfully13882
complete the written test for the endorsement.13883

       (D) Each person licensed as a driver under this chapter13884
shall notify the registrar of any change in the person's address13885
within ten days following that change. The notification shall be13886
in writing on a form provided by the registrar and shall include13887
the full name, date of birth, license number, county of residence,13888
social security number, and new address of the person.13889

       (E)Whoever violates division (D) of this section is guilty13890
of a minor misdemeanor.13891

       Sec. 4506.15. (A) No person shall do any of the following:13892

       (A)(1) Drive a commercial motor vehicle while having a13893
measurable or detectable amount of alcohol or of a controlled13894
substance in histhe person's blood, breath, or urine;13895

       (B)(2) Drive a commercial motor vehicle while having an13896
alcohol concentration of four-hundredths of one per cent or more;13897

       (C)(3) Drive a commercial motor vehicle while under the13898
influence of a controlled substance;13899

       (D)(4) Knowingly leave the scene of an accident involving a13900
commercial motor vehicle driven by the person;13901

       (E)(5) Use a commercial motor vehicle in the commission of a13902
felony;13903

       (F)(6) Refuse to submit to a test under section 4506.17 of13904
the Revised Code;13905

       (G)(7) Violate an out-of-service order issued under this13906
chapter;13907

       (H)(8) Violate any prohibition described in divisions13908
(B)(A)(2) to (G)(7) of this section while transporting hazardous13909
materials.13910

       (B)Whoever violates this section is guilty of a misdemeanor13911
of the first degree.13912

       Sec. 4506.16.  (A) Whoever violates division (A)(1) of13913
section 4506.15 of the Revised Code or a similar law of another13914
state or a foreign jurisdiction, immediately shall be placed13915
out-of-service for twenty-four hours, in addition to any13916
disqualification required by this section and any other penalty13917
imposed by the Revised Code.13918

       (B) The registrar of motor vehicles shall disqualify any13919
person from operating a commercial motor vehicle as follows:13920

       (1) UponSubject to division (B)(4) of this section, upon a13921
first conviction for a violation of any provision of divisions13922
(B)(A)(2) to (G)(7) of section 4506.15 of the Revised Code or a13923
similar law of another state or a foreign jurisdiction, one year,13924
in addition to any other penalty imposed by the Revised Code;13925

       (2) Upon a first conviction for a violation of division13926
(H)(A)(8) of section 4506.15 of the Revised Code or a similar law13927
of another state or a foreign jurisdiction, three years, in13928
addition to any other penalty imposed by the Revised Code;13929

       (3) Upon a second conviction for a violation of any13930
provision of divisions (B)(A)(2) to (G)(7) of section 4506.15 of13931
the Revised Code or a similar law of another state or a foreign13932
jurisdiction, or any combination of such violations arising from13933
two or more separate incidents, the person shall be disqualified13934
for life or for any other period of time as determined by the13935
United States secretary of transportation and designated by the13936
director of public safety by rule, in addition to any other13937
penalty imposed by the Revised Code;13938

       (4) Upon conviction of a violation of division (E)(A)(5) of13939
section 4506.15 of the Revised Code or a similar law of another13940
state or a foreign jurisdiction in connection with the13941
manufacture, distribution, or dispensing of a controlled substance13942
or the possession with intent to manufacture, distribute, or13943
dispense a controlled substance, the person shall be disqualified13944
for life, in addition to any other penalty imposed by the Revised13945
Code;13946

       (5) Upon conviction of two serious traffic violations13947
involving the operation of a commercial motor vehicle by the13948
person and arising from separate incidents occurring in a13949
three-year period, the person shall be disqualified for sixty13950
days, in addition to any other penalty imposed by the Revised13951
Code;13952

       (6) Upon conviction of three serious traffic violations13953
involving the operation of a commercial motor vehicle by the13954
person and arising from separate incidents occurring in a13955
three-year period, the person shall be disqualified for one13956
hundred twenty days, in addition to any other penalty imposed by13957
the Revised Code.13958

       (C) For the purposes of this section, conviction of a13959
violation for which disqualification is required may be evidenced13960
by any of the following:13961

       (1) A judgment entry of a court of competent jurisdiction in13962
this or any other state;13963

       (2) An administrative order of a state agency of this or any13964
other state having statutory jurisdiction over commercial drivers;13965

       (3) A computer record obtained from or through the13966
commercial driver's license information system;13967

       (4) A computer record obtained from or through a state13968
agency of this or any other state having statutory jurisdiction13969
over commercial drivers or the records of commercial drivers.13970

       (D) Any record described in division (C) of this section13971
shall be deemed to be self-authenticating when it is received by13972
the bureau of motor vehicles.13973

       (E) When disqualifying a driver, the registrar shall cause13974
the records of the bureau to be updated to reflect that action13975
within ten days after it occurs.13976

       (F) The registrar immediately shall notify a driver who is13977
finally convicted of any offense described in section 4506.15 of13978
the Revised Code or division (B)(4), (5), or (6) of this section13979
and thereby is subject to disqualification, of the offense or13980
offenses involved, of the length of time for which13981
disqualification is to be imposed, and that the driver may request13982
a hearing within thirty days of the mailing of the notice to show13983
cause why the driver should not be disqualified from operating a13984
commercial motor vehicle. If a request for such a hearing is not13985
made within thirty days of the mailing of the notice, the order of13986
disqualification is final. The registrar may designate hearing13987
examiners who, after affording all parties reasonable notice,13988
shall conduct a hearing to determine whether the disqualification13989
order is supported by reliable evidence. The registrar shall13990
adopt rules to implement this division.13991

       (G) Any person who is disqualified from operating a13992
commercial motor vehicle under this section may apply to the13993
registrar for a driver's license to operate a motor vehicle other13994
than a commercial motor vehicle, provided the person's commercial13995
driver's license is not otherwise suspended or revoked. A person13996
whose commercial driver's license is suspended or revoked shall13997
not apply to the registrar for or receive a driver's license under13998
Chapter 4507. of the Revised Code during the period of suspension13999
or revocation.14000

       Sec. 4506.17.  (A) Any person who drives a commercial motor14001
vehicle within this state shall be deemed to have given consent to14002
a test or tests of the person's whole blood, blood serum or14003
plasma, breath, or urine for the purpose of determining the14004
person's alcohol concentration or the presence of any controlled14005
substance.14006

       (B) A test or tests as provided in division (A) of this14007
section may be administered at the direction of a peace officer14008
having reasonable ground to stop or detain the person and, after14009
investigating the circumstances surrounding the operation of the14010
commercial motor vehicle, also having reasonable ground to believe14011
the person was driving the commercial vehicle while having a14012
measurable or detectable amount of alcohol or of a controlled14013
substance in the person's whole blood, blood serum or plasma,14014
breath, or urine. Any such test shall be given within two hours14015
of the time of the alleged violation.14016

       (C) A person requested to submit to a test under division14017
(A) of this section shall be advised by the peace officer14018
requesting the test that a refusal to submit to the test will14019
result in the person immediately being placed out-of-service for a14020
period of twenty-four hours and being disqualified from operating14021
a commercial motor vehicle for a period of not less than one year,14022
and that the person is required to surrender the person's14023
commercial driver's license to the peace officer.14024

       (D) If a person refuses to submit to a test after being14025
warned as provided in division (C) of this section or submits to a14026
test that discloses the presence of a controlled substance or an14027
alcohol concentration of four-hundredths of one per cent or more,14028
the person immediately shall surrender the person's commercial14029
driver's license to the peace officer. The peace officer shall14030
forward the license, together with a sworn report, to the14031
registrar of motor vehicles certifying that the test was requested14032
pursuant to division (A) of this section and that the person14033
either refused to submit to testing or submitted to a test that14034
disclosed the presence of a controlled substance or an alcohol14035
concentration of four-hundredths of one per cent or more. The14036
form and contents of the report required by this section shall be14037
established by the registrar by rule, but shall contain the advice14038
to be read to the driver and a statement to be signed by the14039
driver acknowledging that the driver has been read the advice and14040
that the form was shown to the driver.14041

       (E) Upon receipt of a sworn report from a peace officer as14042
provided in division (D) of this section, the registrar shall14043
disqualify the person named in the report from driving a14044
commercial motor vehicle for the period described below:14045

       (1) Upon a first incident, one year;14046

       (2) Upon an incident of refusal or of a prohibited14047
concentration of alcohol after one or more previous incidents of14048
either refusal or of a prohibited concentration of alcohol, the14049
person shall be disqualified for life or such lesser period as14050
prescribed by rule by the registrar.14051

       (F) A blood test of a person's whole blood or a person's14052
blood serum or plasma given under this section shall comply with14053
the applicable provisions of division (D) of section 4511.19 of14054
the Revised Code and any physician, registered nurse, or qualified14055
technician or, chemist,or phlebotomist who withdraws whole blood14056
or blood serum or plasma from a person under this section, and any14057
hospital, first-aid station, or clinic,or other facility at which14058
whole blood or blood serum or plasma is withdrawn from a person14059
pursuant to this section, is immune from criminal liability, and14060
from civil liability that is based upon a claim of assault and14061
battery or based upon any other claim of malpractice, for any act14062
performed in withdrawing whole blood or blood serum or plasma from14063
the person.14064

       (G) When a person submits to a test under this section, the14065
results of the test, at the person's request, shall be made14066
available to the person, the person's attorney, or the person's14067
agent, immediately upon completion of the chemical test analysis.14068
The person also may have an additional test administered by a14069
physician, a registered nurse, or a qualified technician or,14070
chemist,or phlebotomist of the person's own choosing as provided14071
in division (D) of section 4511.19 of the Revised Code for tests14072
administered under that section, and the failure to obtain such a14073
test has the same effect as in that division.14074

       (H) No person shall refuse to immediately surrender the14075
person's commercial driver's license to a peace officer when14076
required to do so by this section.14077

       (I) A peace officer issuing an out-of-service order or14078
receiving a commercial driver's license surrendered under this14079
section may remove or arrange for the removal of any commercial14080
motor vehicle affected by the issuance of that order or the14081
surrender of that license.14082

       (J)(1) Except for civil actions arising out of the operation14083
of a motor vehicle and civil actions in which the state is a14084
plaintiff, no peace officer of any law enforcement agency within14085
this state is liable in compensatory damages in any civil action14086
that arises under the Revised Code or common law of this state for14087
an injury, death, or loss to person or property caused in the14088
performance of official duties under this section and rules14089
adopted under this section, unless the officer's actions were14090
manifestly outside the scope of the officer's employment or14091
official responsibilities, or unless the officer acted with14092
malicious purpose, in bad faith, or in a wanton or reckless14093
manner.14094

       (2) Except for civil actions that arise out of the operation14095
of a motor vehicle and civil actions in which the state is a14096
plaintiff, no peace officer of any law enforcement agency within14097
this state is liable in punitive or exemplary damages in any civil14098
action that arises under the Revised Code or common law of this14099
state for any injury, death, or loss to person or property caused14100
in the performance of official duties under this section of the14101
Revised Code and rules adopted under this section, unless the14102
officer's actions were manifestly outside the scope of the14103
officer's employment or official responsibilities, or unless the14104
officer acted with malicious purpose, in bad faith, or in a wanton14105
or reckless manner.14106

       (K) When disqualifying a driver, the registrar shall cause14107
the records of the bureau of motor vehicles to be updated to14108
reflect the disqualification within ten days after it occurs.14109

       (L) The registrar immediately shall notify a driver who is14110
subject to disqualification of the disqualification, of the length14111
of the disqualification, and that the driver may request a hearing14112
within thirty days of the mailing of the notice to show cause why14113
the driver should not be disqualified from operating a commercial14114
motor vehicle. If a request for such a hearing is not made within14115
thirty days of the mailing of the notice, the order of14116
disqualification is final. The registrar may designate hearing14117
examiners who, after affording all parties reasonable notice,14118
shall conduct a hearing to determine whether the disqualification14119
order is supported by reliable evidence. The registrar shall14120
adopt rules to implement this division.14121

       (M) Any person who is disqualified from operating a14122
commercial motor vehicle under this section may apply to the14123
registrar for a driver's license to operate a motor vehicle other14124
than a commercial motor vehicle, provided the person's commercial14125
driver's license is not otherwise suspended or revoked. A person14126
whose commercial driver's license is suspended or revoked shall14127
not apply to the registrar for or receive a driver's license under14128
Chapter 4507. of the Revised Code during the period of suspension14129
or revocation.14130

       (N)Whoever violates division (H) of this section is guilty14131
of a misdemeanor of the first degree.14132

       Sec. 4506.18. (A) Any driver who holds a commercial14133
driver's license issued by this state and is convicted in another14134
state or a foreign jurisdiction of violating any law or ordinance14135
relating to motor vehicle traffic control, other than a parking14136
violation, shall provide written notice of that conviction within14137
thirty days after the date of conviction to the bureau of motor14138
vehicles and to histhe driver's employer in accordance with the14139
provisions of 49 C.F.R. 383, subpart C, as amended.14140

       (B)Whoever violates this section is guilty of a misdemeanor14141
of the first degree.14142

       Sec. 4506.19. (A) The provisions of 49 C.F.R. 383, subpart14143
C, as amended, shall apply to all commercial drivers or persons14144
who apply for employment as commercial drivers. No person shall14145
fail to make a report to histhe person's employer as required by14146
this section.14147

       (B)Whoever violates this section is guilty of a misdemeanor14148
of the first degree.14149

       Sec. 4506.20.  (A) Each employer shall require every14150
applicant for employment as a driver of a commercial motor vehicle14151
to provide the information specified in section 4506.20 of the14152
Revised Code.14153

       (B) No employer shall knowingly permit or authorize any14154
driver employed by himthe employer to drive a commercial motor14155
vehicle during any period in which any of the following apply:14156

       (1) The driver's commercial driver's license is suspended,14157
revoked, or canceled by any state or a foreign jurisdiction;14158

       (2) The driver has lost histhe privilege to drive, or14159
currently is disqualified from driving, a commercial motor vehicle14160
in any state or foreign jurisdiction;14161

       (3) The driver is subject to an out-of-service order in any14162
state or foreign jurisdiction;14163

       (4) The driver has more than one driver's license.14164

       (C)Whoever violates this section is guilty of a misdemeanor14165
of the first degree.14166

       Sec. 4506.99. (A) Whoever violates division (A) of section14167
4506.03, division (A)(1), (2), or (3) of section 4506.04, division14168
(A) of section 4506.10, division (H) of section 4506.17, or14169
section 4506.20 of the Revised Code is guilty of a misdemeanor of14170
the first degree.14171

       (B) Whoever violates division (A)(4) of section 4506.04 of14172
the Revised Code is guilty of falsification, a misdemeanor of the14173
first degree. In addition, the provisions of section 4507.19 of14174
the Revised Code apply.14175

       (C) Whoever violates division (C) of section 4506.11 or14176
division (D) of section 4506.14 of the Revised Code is guilty of a14177
minor misdemeanor.14178

       (D) Whoever violates any provision of sections 4506.03 to14179
4506.20 of the Revised Code for which no penalty is otherwise is14180
provided in thisthe section that contains the provision violated14181
is guilty of a misdemeanor of the first degree.14182

       Sec. 4507.02.  (A)(1) No person, except those expressly14183
exempted under sections 4507.03, 4507.04, and 4507.05 of the14184
Revised Code, shall operate any motor vehicle upon a highway or14185
any public or private property used by the public for purposes of14186
vehicular travel or parking in this state unless the person has a14187
valid driver's license issued under this chapter or a commercial14188
driver's license issued under Chapter 4506. of the Revised Code.14189

       (2) No person shall permit the operation of a motor vehicle14190
upon any public or private property used by the public for14191
purposes of vehicular travel or parking knowing the operator does14192
not have a valid driver's license issued to the operator by the14193
registrar of motor vehicles under this chapter or a valid14194
commercial driver's license issued under Chapter 4506. of the14195
Revised Code. Whoever violates this division is guilty of a14196
misdemeanor of the first degree.14197

       (3) No person, except a person expressly exempted under14198
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall14199
operate any motorcycle upon a highway or any public or private14200
property used by the public for purposes of vehicular travel or14201
parking in this state unless the person has a valid license as a14202
motorcycle operator, that was issued upon application by the14203
registrar under this chapter. The license shall be in the form of14204
an endorsement, as determined by the registrar, upon a driver's or14205
commercial driver's license, if the person has a valid license to14206
operate a motor vehicle or commercial motor vehicle, or in the14207
form of a restricted license as provided in section 4507.14 of the14208
Revised Code, if the person does not have a valid license to14209
operate a motor vehicle or commercial motor vehicle.14210

       (4)(2) No person shall receive a driver's license, or a14211
motorcycle operator's endorsement of a driver's or commercial14212
driver's license, unless and until the person surrenders to the14213
registrar all valid licenses issued to the person by another14214
jurisdiction recognized by this state. All surrendered licenses14215
shall be returned by the registrar to the issuing authority,14216
together with information that a license is now issued in this14217
state. No person shall be permitted to have more than one valid14218
license at any time.14219

       (B)(1) No person, whose driver's or commercial driver's14220
license or permit or nonresident's operating privilege has been14221
suspended or revoked pursuant to Chapter 4509. of the Revised14222
Code, shall operate any motor vehicle within this state, or14223
knowingly permit any motor vehicle owned by the person to be14224
operated by another person in the state, during the period of the14225
suspension or revocation, except as specifically authorized by14226
Chapter 4509. of the Revised Code. No person shall operate a14227
motor vehicle within this state, or knowingly permit any motor14228
vehicle owned by the person to be operated by another person in14229
the state, during the period in which the person is required by14230
section 4509.45 of the Revised Code to file and maintain proof of14231
financial responsibility for a violation of section 4509.101 of14232
the Revised Code, unless proof of financial responsibility is14233
maintained with respect to that vehicle.14234

       (2) No person shall operate any motor vehicle upon a highway14235
or any public or private property used by the public for purposes14236
of vehicular travel or parking in this state in violation of any14237
restriction of the person's driver's or commercial driver's14238
license imposed under division (D) of section 4506.10 or section14239
4507.14 of the Revised Code.14240

       (C) No person, whose driver's or commercial driver's license14241
or permit has been suspended pursuant to section 4511.191, section14242
4511.196, or division (B) of section 4507.16 of the Revised Code,14243
shall operate any motor vehicle within this state until the person14244
has paid the license reinstatement fee required pursuant to14245
division (L) of section 4511.191 of the Revised Code and the14246
license or permit has been returned to the person or a new license14247
or permit has been issued to the person.14248

       (D)(1) No person, whose driver's or commercial driver's14249
license or permit or nonresident operating privilege has been14250
suspended or revoked under any provision of the Revised Code other14251
than Chapter 4509. of the Revised Code or under any applicable law14252
in any other jurisdiction in which the person's license or permit14253
was issued, shall operate any motor vehicle upon the highways or14254
streets within this state during the period of the suspension or14255
within one year after the date of the revocation. No person who14256
is granted occupational driving privileges by any court shall14257
operate any motor vehicle upon the highways or streets in this14258
state except in accordance with the terms of the privileges.14259

       (2) No person, whose driver's or commercial driver's license14260
or permit or nonresident operating privilege has been suspended14261
under division (B) of section 4507.16 of the Revised Code, shall14262
operate any motor vehicle upon the highways or streets within this14263
state during the period of suspension. No person who is granted14264
occupational driving privileges by any court shall operate any14265
motor vehicle upon the highways or streets in this state except in14266
accordance with the terms of those privileges.14267

       (E)(1) It is an affirmative defense to any prosecution14268
brought pursuant to division (B), (C), or (D) of this section that14269
the alleged offender drove under suspension or in violation of a14270
restriction because of a substantial emergency, provided that no14271
other person was reasonably available to drive in response to the14272
emergency.14273

       (2) It is an affirmative defense to any prosecution brought14274
pursuant to division (B)(1) of this section that the order of14275
suspension resulted from the failure of the alleged offender to14276
respond to a financial responsibility random verification request14277
under division (A)(3)(c) of section 4509.101 of the Revised Code14278
and that, upon a showing of proof of financial responsibility, the14279
alleged offender was in compliance with division (A)(1) of section14280
4509.101 of the Revised Code at the time of the initial financial14281
responsibility random verification request.14282

       (F)(1) If a person is convicted of a violation of division14283
(B), (C), or (D) of this section 4510.11, 4510.14, 4510.16, or14284
4510.21 of the Revised Code or if division (F) of section 4507.16414285
of the Revised Code applies, the trial judge of any court, in14286
addition to or independent of, any other penalties provided by law14287
or ordinance, shall impound the identification license plates of14288
any motor vehicle registered in the name of the person. The court14289
shall send the impounded license plates to the registrar, who may14290
retain the license plates until the driver's or commercial14291
driver's license of the owner has been reinstated or destroy them14292
pursuant to section 4503.232 of the Revised Code.14293

       If the license plates of a person convicted of a violation of14294
division (B), (C), or (D) of this sectionany provision of those14295
sections have been impounded in accordance with the provisions of14296
this division, the court shall notify the registrar of that14297
action. The notice shall contain the name and address of the14298
driver, the serial number of the driver's driver's or commercial14299
driver's license, the serial numbers of the license plates of the14300
motor vehicle, and the length of time for which the license plates14301
have been impounded. The registrar shall record the data in the14302
notice as part of the driver's permanent record.14303

       (2) Any motor vehicle owner who has had the license plates14304
of a motor vehicle impounded pursuant to division (F)(B)(1) of14305
this section may apply to the registrar, or to a deputy registrar,14306
for special license plates whichthat shall conform to the14307
requirements of section 4503.231 of the Revised Code. The14308
registrar or deputy registrar forthwith shall notify the court of14309
the application and, upon approval of the court, shall issue14310
special license plates to the applicant. Until the driver's or14311
commercial driver's license of the owner is reinstated, any new14312
license plates issued to the owner also shall conform to the14313
requirements of section 4503.231 of the Revised Code.14314

       The registrar or deputy registrar shall charge the owner of a14315
vehicle the fees provided in section 4503.19 of the Revised Code14316
for special license plates that are issued in accordance with this14317
division, except upon renewal as specified in section 4503.10 of14318
the Revised Code, when the regular fee as provided in section14319
4503.04 of the Revised Code shall be charged. The registrar or14320
deputy registrar shall charge the owner of a vehicle the fees14321
provided in section 4503.19 of the Revised Code whenever special14322
license plates are exchanged, by reason of the reinstatement of14323
the driver's or commercial driver's license of the owner, for14324
those ordinarily issued.14325

       (3) If an owner wishes to sell a motor vehicle during the14326
time the special license plates provided under division (F)(B)(2)14327
of this section are in use, the owner may apply to the court that14328
impounded the license plates of the motor vehicle for permission14329
to transfer title to the motor vehicle. If the court is satisfied14330
that the sale will be made in good faith and not for the purpose14331
of circumventing the provisions of this section, it may certify14332
its consent to the owner and to the registrar of motor vehicles14333
who shall enter notice of the transfer of the title of the motor14334
vehicle in the vehicle registration record.14335

       If, during the time the special license plates provided under14336
division (F)(B)(2) of this section are in use, the title to a14337
motor vehicle is transferred by the foreclosure of a chattel14338
mortgage, a sale upon execution, the cancellation of a conditional14339
sales contract, or by order of a court, the court shall notify the14340
registrar of the action and the registrar shall enter notice of14341
the transfer of the title to the motor vehicle in the vehicle14342
registration record.14343

       (G)(C) This section is not intended to change or modify any14344
provision of Chapter 4503. of the Revised Code with respect to the14345
taxation of motor vehicles or the time within which the taxes on14346
motor vehicles shall be paid.14347

       Sec. 4507.023.  The registrar of motor vehicles may furnish14348
the name and social security number of any person whose driver's14349
license or commercial driver's license has been suspended or14350
revokedcanceled, or of any person whose certificate of14351
registration and license plates are subject to impoundment, to the14352
tax commissioner. The tax commissioner may return to the14353
registrar the address of any such person as shown on the most14354
recent return filed by that person under section 5747.08 of the14355
Revised Code.14356

       Sec. 4507.05.  (A) The registrar of motor vehicles, or a14357
deputy registrar, upon receiving an application for a temporary14358
instruction permit and a temporary instruction permit14359
identification card for a driver's license from any person who is14360
at least fifteen years and six months of age, may issue such a14361
permit and identification card entitling the applicant to drive a14362
motor vehicle, other than a commercial motor vehicle, upon the14363
highways under the following conditions:14364

       (1) If the permit is issued to a person who is at least14365
fifteen years and six months of age, but less than sixteen years14366
of age:14367

       (a) The permit and identification card are in the holder's14368
immediate possession;14369

       (b) The holder is accompanied by an eligible adult who14370
actually occupies the seat beside the permit holder;14371

       (c) The total number of occupants of the vehicle does not14372
exceed the total number of occupant restraining devices originally14373
installed in the motor vehicle by its manufacturer, and each14374
occupant of the vehicle is wearing all of the available elements14375
of a properly adjusted occupant restraining device.14376

       (2) If the permit is issued to a person who is at least14377
sixteen years of age:14378

       (a) The permit and identification card are in the holder's14379
immediate possession;14380

       (b) The holder is accompanied by a licensed operator who is14381
at least twenty-one years of age and is actually occupying a seat14382
beside the driver;14383

       (c) The total number of occupants of the vehicle does not14384
exceed the total number of occupant restraining devices originally14385
installed in the motor vehicle by its manufacturer, and each14386
occupant of the vehicle is wearing all of the available elements14387
of a properly adjusted occupant restraining device.14388

       (B) The registrar or a deputy registrar, upon receiving from14389
any person an application for a temporary instruction permit and14390
temporary instruction permit identification card to operate a14391
motorcycle or motorized bicycle, may issue such a permit and14392
identification card entitling the applicant, while having the14393
permit and identification card in the applicant's immediate14394
possession, to drive a motorcycle or motorized bicycle under14395
restrictions determined by the registrar. A temporary instruction14396
permit and temporary instruction permit identification card to14397
operate a motorized bicycle may be issued to a person fourteen or14398
fifteen years old.14399

       (C) Any permit and identification card issued under this14400
section shall be issued in the same manner as a driver's license,14401
upon a form to be furnished by the registrar. A temporary14402
instruction permit to drive a motor vehicle other than a14403
commercial motor vehicle shall be valid for a period of one year.14404

       (D) Any person having in the person's possession a valid and14405
current driver's license or motorcycle operator's license or14406
endorsement issued to the person by another jurisdiction14407
recognized by this state is exempt from obtaining a temporary14408
instruction permit for a driver's license, but shall submit to the14409
regular examination in obtaining a driver's license or motorcycle14410
operator's endorsement in this state.14411

       (E) The registrar may adopt rules governing the use of14412
temporary instruction permits and temporary instruction permit14413
identification cards.14414

       (F)(1) No holder of a permit issued under division (A) of14415
this section shall operate a motor vehicle upon a highway or any14416
public or private property used by the public for purposes of14417
vehicular travel or parking in violation of the conditions14418
established under division (A) of this section.14419

       (2) Except as provided in division (F)(2) of this section,14420
no holder of a permit that is issued under division (A) of this14421
section and that is issued on or after the effective date of this14422
amendment, and who has not attained the age of seventeen years,14423
shall operate a motor vehicle upon a highway or any public or14424
private property used by the public for purposes of vehicular14425
travel or parking between the hours of one a.m. and five a.m.14426

       The holder of a permit issued under division (A) of this14427
section on or after the effective date of this amendment, who has14428
not attained the age of seventeen years, may operate a motor14429
vehicle upon a highway or any public or private property used by14430
the public for purposes of vehicular travel or parking between the14431
hours of one a.m. and five a.m. if, at the time of such operation,14432
the holder is accompanied by the holder's parent, guardian, or14433
custodian, and the parent, guardian, or custodian holds a current14434
valid driver's or commercial driver's license issued by this state14435
and is actually occupying a seat beside the permit holder.14436

       (G)(1) Notwithstanding any other provision of law to the14437
contrary, no law enforcement officer shall cause the operator of a14438
motor vehicle being operated on any street or highway to stop the14439
motor vehicle for the sole purpose of determining whether each14440
occupant of the motor vehicle is wearing all of the available14441
elements of a properly adjusted occupant restraining device as14442
required by division (A) of this section, or for the sole purpose14443
of issuing a ticket, citation, or summons if the requirement in14444
that division has been or is being violated, or for causing the14445
arrest of or commencing a prosecution of a person for a violation14446
of that requirement.14447

       (2) Notwithstanding any other provision of law to the14448
contrary, no law enforcement officer shall cause the operator of a14449
motor vehicle being operated on any street or highway to stop the14450
motor vehicle for the sole purpose of determining whether a14451
violation of division (F)(2) of this section has been or is being14452
committed or for the sole purpose of issuing a ticket, citation,14453
or summons for such a violation or for causing the arrest of or14454
commencing a prosecution of a person for such violation.14455

       (H) As used in this section:14456

       (1) "Eligible adult" means any of the following:14457

       (a) An instructor of a driver education course approved by14458
the department of education or a driver training course approved14459
by the department of public safety;14460

       (b) Any of the following persons who holds a current valid14461
driver's or commercial driver's license issued by this state:14462

       (i) A parent, guardian, or custodian of the permit holder;14463

       (ii) A person twenty-one years of age or older who acts in14464
loco parentis of the permit holder.14465

       (2) "Occupant restraining device" has the same meaning as in14466
section 4513.263 of the Revised Code.14467

       (I)Whoever violates division (F)(1) or (2) of this section14468
is guilty of a minor misdemeanor.14469

       Sec. 4507.06.  (A)(1) Every application for a driver's14470
license or motorcycle operator's license or endorsement, or14471
duplicate of any such license or endorsement, shall be made upon14472
the approved form furnished by the registrar of motor vehicles and14473
shall be signed by the applicant.14474

       Every application shall state the following:14475

       (a) The applicant's name, date of birth, social security14476
number if such has been assigned, sex, general description,14477
including height, weight, color of hair, and eyes, residence14478
address, including county of residence, duration of residence in14479
this state, and country of citizenship;14480

       (b) Whether the applicant previously has been licensed as an14481
operator, chauffeur, driver, commercial driver, or motorcycle14482
operator and, if so, when, by what state, and whether such license14483
is suspended or revokedcanceled at the present time and, if so,14484
the date of and reason for the suspension or revocation14485
cancellation;14486

       (c) Whether the applicant is now or ever has been afflicted14487
with epilepsy, or whether the applicant now is suffering from any14488
physical or mental disability or disease and, if so, the nature14489
and extent of the disability or disease, giving the names and14490
addresses of physicians then or previously in attendance upon the14491
applicant;14492

       (d) Whether an applicant for a duplicate driver's license,14493
or duplicate license containing a motorcycle operator endorsement14494
has pending a citation for violation of any motor vehicle law or14495
ordinance, a description of any such citation pending, and the14496
date of the citation;14497

       (e) Whether the applicant wishes to certify willingness to14498
make an anatomical gift under section 2108.04 of the Revised Code,14499
which shall be given no consideration in the issuance of a license14500
or endorsement;14501

       (f) On and after May 1, 1993, whetherWhether the applicant14502
has executed a valid durable power of attorney for health care14503
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has14504
executed a declaration governing the use or continuation, or the14505
withholding or withdrawal, of life-sustaining treatment pursuant14506
to sections 2133.01 to 2133.15 of the Revised Code and, if the14507
applicant has executed either type of instrument, whether the14508
applicant wishes the applicant's license to indicate that the14509
applicant has executed the instrument.14510

       (2) Every applicant for a driver's license shall be14511
photographed in color at the time the application for the license14512
is made. The application shall state any additional information14513
that the registrar requires.14514

       (B) The registrar or a deputy registrar, in accordance with14515
section 3503.11 of the Revised Code, shall register as an elector14516
any person who applies for a driver's license or motorcycle14517
operator's license or endorsement under division (A) of this14518
section, or for a renewal or duplicate of the license or14519
endorsement, if the applicant is eligible and wishes to be14520
registered as an elector. The decision of an applicant whether to14521
register as an elector shall be given no consideration in the14522
decision of whether to issue the applicant a license or14523
endorsement, or a renewal or duplicate.14524

       (C) The registrar or a deputy registrar, in accordance with14525
section 3503.11 of the Revised Code, shall offer the opportunity14526
of completing a notice of change of residence or change of name to14527
any applicant for a driver's license or endorsement under division14528
(A) of this section, or for a renewal or duplicate of the license14529
or endorsement, if the applicant is a registered elector who has14530
changed the applicant's residence or name and has not filed such a14531
notice.14532

       Sec. 4507.071.  (A) No driver's license shall be issued to14533
any person under eighteen years of age, except that a probationary14534
license may be issued to a person who is at least sixteen years of14535
age and has held a temporary instruction permit for a period of at14536
least six months.14537

       (B) No holder of a probationary driver's license issued on or14538
after the effective date of this section who has not attained the14539
age of seventeen years shall operate a motor vehicle upon a14540
highway or any public or private property used by the public for14541
purposes of vehicular travel or parking between the hours of one14542
a.m. and five a.m. unless the holder is accompanied by the14543
holder's parent or guardian.14544

       (C) It is an affirmative defense to a violation of division14545
(B) of this section if, at the time of the violation, the holder14546
of the probationary driver's license was traveling to or from the14547
holder's place of employment or an official function sponsored by14548
the school the holder attends, or an emergency existed that14549
required the holder to operate a motor vehicle in violation of14550
division (B) of this section, or the holder was an emancipated14551
minor.14552

       (D) No holder of a probationary license shall operate a14553
motor vehicle upon a highway or any public or private property14554
used by the public for purposes of vehicular travel or parking14555
unless the total number of occupants of the vehicle does not14556
exceed the total number of occupant restraining devices originally14557
installed in the motor vehicle by its manufacturer, and each14558
occupant of the vehicle is wearing all of the available elements14559
of a properly adjusted occupant restraining device.14560

       (E) A restricted license may be issued to a person who is14561
fourteen or fifteen years of age upon proof of hardship14562
satisfactory to the registrar of motor vehicles.14563

       (F) Notwithstanding any other provision of law to the14564
contrary, no law enforcement officer shall cause the operator of a14565
motor vehicle being operated on any street or highway to stop the14566
motor vehicle for the sole purpose of determining whether each14567
occupant of the motor vehicle is wearing all of the available14568
elements of a properly adjusted occupant restraining device as14569
required by division (D) of this section, or for the sole purpose14570
of issuing a ticket, citation, or summons if the requirement in14571
that division has been or is being violated, or for causing the14572
arrest of or commencing a prosecution of a person for a violation14573
of that requirement.14574

       (G) Notwithstanding any other provision of law to the14575
contrary, no law enforcement officer shall cause the operator of a14576
motor vehicle being operated on any street or highway to stop the14577
motor vehicle for the sole purpose of determining whether a14578
violation of division (B) of this section has been or is being14579
committed or for the sole purpose of issuing a ticket, citation,14580
or summons for such a violation or for causing the arrest of or14581
commencing a prosecution of a person for such violation.14582

       (H) As used in this section, "occupant restraining device"14583
has the same meaning as in section 4513.263 of the Revised Code.14584

       (I)Whoever violates division (B) or (D) of this section is14585
guilty of a minor misdemeanor.14586

       Sec. 4507.08.  (A) No probationary license shall be issued14587
to any person under the age of eighteen who has been adjudicated14588
an unruly or delinquent child or a juvenile traffic offender for14589
having committed any act that if committed by an adult would be a14590
drug abuse offense, as defined in section 2925.01 of the Revised14591
Code, a violation of division (B) of section 2917.11, or a14592
violation of division (A) of section 4511.19 of the Revised Code,14593
unless the person has been required by the court to attend a drug14594
abuse or alcohol abuse education, intervention, or treatment14595
program specified by the court and has satisfactorily completed14596
the program.14597

       (B) No temporary instruction permit or driver's license14598
shall be issued to any person whose license has been suspended,14599
during the period for which the license was suspended, nor to any14600
person whose license has been revokedcanceled, under sections14601
4507.01 to 4507.39Chapter 4510. or any other provision of the14602
Revised Code, until the expiration of one year after the license14603
was revoked.14604

       (C) No temporary instruction permit or driver's license14605
shall be issued to any person whose commercial driver's license is14606
suspended under section 1905.201, 3123.58, 4507.16, 4507.34,14607
4507.99, 4511.191, or 4511.196 of the Revised CodeChapter 4510.14608
or under any other provision of the Revised Code during the period14609
of the suspension.14610

       No temporary instruction permit or driver's license shall be14611
issued to any person when issuance is prohibited by division (A)14612
of section 4507.091 of the Revised Code.14613

       (D) No temporary instruction permit or driver's license14614
shall be issued to, or retained by, any of the following persons:14615

       (1) Any person who is an alcoholic, or is addicted to the14616
use of controlled substances to the extent that the use14617
constitutes an impairment to the person's ability to operate a14618
motor vehicle with the required degree of safety;14619

       (2) Any person who is under the age of eighteen and has been14620
adjudicated an unruly or delinquent child or a juvenile traffic14621
offender for having committed any act that if committed by an14622
adult would be a drug abuse offense, as defined in section 2925.0114623
of the Revised Code, a violation of division (B) of section14624
2917.11, or a violation of division (A) of section 4511.19 of the14625
Revised Code, unless the person has been required by the court to14626
attend a drug abuse or alcohol abuse education, intervention, or14627
treatment program specified by the court and has satisfactorily14628
completed the program;14629

       (3) Any person who, in the opinion of the registrar, is14630
afflicted with or suffering from a physical or mental disability14631
or disease that prevents the person from exercising reasonable and14632
ordinary control over a motor vehicle while operating the vehicle14633
upon the highways, except that a restricted license effective for14634
six months may be issued to any person otherwise qualified who is14635
or has been subject to any condition resulting in episodic14636
impairment of consciousness or loss of muscular control and whose14637
condition, in the opinion of the registrar, is dormant or is14638
sufficiently under medical control that the person is capable of14639
exercising reasonable and ordinary control over a motor vehicle. A14640
restricted license effective for six months shall be issued to any14641
person who is otherwise is qualified and who is subject to any14642
condition that causes episodic impairment of consciousness or a14643
loss of muscular control if the person presents a statement from a14644
licensed physician that the person's condition is under effective14645
medical control and the period of time for which the control has14646
been continuously maintained, unless, thereafter, a medical14647
examination is ordered and, pursuant thereto, cause for denial is14648
found.14649

       A person to whom a six-month restricted license has been14650
issued shall give notice of the person's medical condition to the14651
registrar on forms provided by the registrar and signed by the14652
licensee's physician. The notice shall be sent to the registrar14653
six months after the issuance of the license. Subsequent14654
restricted licenses issued to the same individual shall be14655
effective for six months.14656

       (4) Any person who is unable to understand highway warnings14657
or traffic signs or directions given in the English language;14658

       (5) Any person making an application whose driver's license14659
or driving privileges are under cancellation, revocation, or14660
suspension in the jurisdiction where issued or any other14661
jurisdiction, until the expiration of one year after the license14662
was canceled or revoked or until the period of suspension ends.14663
Any person whose application is denied under this division may14664
file a petition in the municipal court or county court in whose14665
jurisdiction the person resides agreeing to pay the cost of the14666
proceedings and alleging that the conduct involved in the offense14667
that resulted in suspension, cancellation, or revocation in the14668
foreign jurisdiction would not have resulted in a suspension,14669
cancellation, or revocation had the offense occurred in this14670
state. If the petition is granted, the petitioner shall notify14671
the registrar by a certified copy of the court's findings and a14672
license shall not be denied under this division.14673

       (6) Any person who is under a class one or two suspension14674
imposed for a violation of section 2903.04, 2903.06, or 2903.08 of14675
the Revised Code or whose driver's or commercial driver's license14676
or permit has beenwas permanently revoked prior to the effective14677
date of this amendment for a substantially equivalent violation14678
pursuant to division (C) of section 4507.16 of the Revised Code;14679

       (7) Any person who is not a resident or temporary resident14680
of this state.14681

       Sec. 4507.081.  (A) Upon the expiration of a restricted14682
license issued under division (D)(3) of section 4507.08 of the14683
Revised Code and submission of a statement as provided in division14684
(C) of this section, the registrar of motor vehicles may issue a14685
driver's license to the person to whom the restricted license was14686
issued. A driver's license issued under this section, unless14687
otherwise revokedsuspended or canceled, shall be effective for14688
one year.14689

       (B) A driver's license issued under this section may be14690
renewed annually, for no more than three consecutive years,14691
whenever the person to whom the license has been issued submits to14692
the registrar, by certified mail and no sooner than thirty days14693
prior to the expiration date of the license or renewal thereof, a14694
statement as provided in division (C) of this section. A renewal14695
of a driver's license, unless the license is otherwise revoked14696
suspended or canceled, shall be effective for one year following14697
the expiration date of the license or renewal thereof, and shall14698
be evidenced by a validation sticker. The renewal validation14699
sticker shall be in a form prescribed by the registrar and shall14700
be affixed to the license.14701

       (C) No person may be issued a driver's license under this14702
section, and no such driver's license may be renewed, unless the14703
person presents a signed statement from a licensed physician that14704
the person's condition either is dormant or is under effective14705
medical control, that the control has been maintained continuously14706
for at least one year prior to the date on which application for14707
the license is made, and that, if continued medication is14708
prescribed to control the condition, the person may be depended14709
upon to take the medication.14710

       The statement shall be made on a form provided by the14711
registrar, shall be in not less than duplicate, and shall contain14712
any other information the registrar considers necessary. The14713
duplicate copy of the statement may be retained by the person14714
requesting the license renewal and, when in the person's immediate14715
possession and used in conjunction with the original license,14716
shall entitle the person to operate a motor vehicle during a14717
period of no more than thirty days following the date of14718
submission of the statement to the registrar, except when the14719
registrar denies the request for the license renewal and so14720
notifies the person.14721

       (D) Whenever the registrar receives a statement indicating14722
that the condition of a person to whom a driver's license has been14723
issued under this section no longer is dormant or under effective14724
medical control, the registrar shall revokecancel the person's14725
driver's license.14726

       (E) Nothing in this section shall require a person14727
submitting a signed statement from a licensed physician to obtain14728
a medical examination prior to the submission of the statement.14729

       (F) Any person whose driver's license has been revoked14730
canceled under this section may apply for a subsequent restricted14731
license according to the provisions of section 4507.08 of the14732
Revised Code.14733

       Sec. 4507.111.  On receipt of a notice pursuant to section 14734
3123.54 of the Revised Code, the registrar of motor vehicles shall14735
comply with sections 3123.52 to 3123.614 of the Revised Code and14736
any applicable rules adopted under section 3123.63 of the Revised14737
Code with respect to aany driver's or commercial license or14738
permit, motorcycle operator's license or endorsement, or temporary14739
instruction permit or commercial driver's temporary instruction14740
permit issued pursuant to this chapterby this state that is the14741
subject of the notice.14742

       Sec. 4507.12.  (A) Except as provided in division (C) of14743
section 4507.10 of the Revised Code, each person applying for the14744
renewal of a driver's license shall submit to a screening of his14745
the person's vision before the license may be renewed. The vision14746
screening shall be conducted at the office of the deputy registrar14747
receiving the application for license renewal.14748

       (B) When the results of a vision screening given under14749
division (A) of this section indicate that the vision of the14750
person examined meets the standards required for licensing, the14751
deputy registrar may renew the person's driver's license at that14752
time.14753

       (C) When the results of a vision screening given under14754
division (A) of this section indicate that the vision of the14755
person screened may not meet the standards required for licensing,14756
the deputy registrar shall not renew the person's driver's license14757
at that time but shall refer the person to a driver's license14758
examiner appointed by the superintendent of the state highway14759
patrol under section 5503.21 of the Revised Code for a further14760
examination of histhe person's vision. When a person referred to14761
a driver's license examiner by a deputy registrar does not meet14762
the vision standards required for licensing, the driver's license14763
examiner shall retain the person's operator's or chauffeur's14764
license and shall immediately notify the registrar of motor14765
vehicles of that fact. No driver's license shall be issued to any14766
such person, until the person's vision is corrected to meet the14767
standards required for licensing and the person passes the vision14768
screening required by this section. Any person who operates a14769
motor vehicle on a highway, or on any public or private property14770
used by the public for purposes of vehicular travel or parking,14771
during the time histhe person's driver's license is held by a14772
driver's license examiner under this division, shall be deemed to14773
be operating a motor vehicle in violation of division (A) of14774
section 4507.024510.12 of the Revised Code.14775

       (D) The registrar shall adopt rules and shall provide any14776
forms necessary to properly conduct vision screenings at the14777
office of a deputy registrar.14778

       (E) No person conducting vision screenings under this14779
section shall be personally liable for damages for injury or loss14780
to persons or property and for death caused by the operation of a14781
motor vehicle by any person whose driver's license was renewed by14782
the deputy registrar under division (B) of this section.14783

       Sec. 4507.13.  (A) The registrar of motor vehicles shall14784
issue a driver's license to every person licensed as an operator14785
of motor vehicles other than commercial motor vehicles. No person14786
licensed as a commercial motor vehicle driver under Chapter 4506.14787
of the Revised Code need procure a driver's license, but no person14788
shall drive any commercial motor vehicle unless licensed as a14789
commercial motor vehicle driver.14790

       Every driver's license shall display on it the distinguishing14791
number assigned to the licensee and shall display the licensee's14792
name and date of birth; the licensee's residence address and14793
county of residence; a color photograph of the licensee; a brief14794
description of the licensee for the purpose of identification; a14795
facsimile of the signature of the licensee as it appears on the14796
application for the license; a space marked "blood type" in which14797
a licensee may specify the licensee's blood type; a notation, in a14798
manner prescribed by the registrar, indicating any condition14799
described in division (D)(3) of section 4507.08 of the Revised14800
Code to which the licensee is subject; if the licensee has14801
executed a durable power of attorney for health care or a14802
declaration governing the use or continuation, or the withholding14803
or withdrawal, of life-sustaining treatment and has specified that14804
the licensee wishes the license to indicate that the licensee has14805
executed either type of instrument, any symbol chosen by the14806
registrar to indicate that the licensee has executed either type14807
of instrument; and any additional information that the registrar14808
requires by rule. No license shall display the licensee's social14809
security number unless the licensee specifically requests that the14810
licensee's social security number be displayed on the license. 14811
If federal law requires the licensee's social security number to14812
be displayed on the license, the social security number shall be14813
displayed on the license notwithstanding this section.14814

       The driver's license for licensees under twenty-one years of14815
age shall have characteristics prescribed by the registrar14816
distinguishing it from that issued to a licensee who is twenty-one14817
years of age or older, except that a driver's license issued to a14818
person who applies no more than thirty days before the applicant's14819
twenty-first birthday shall have the characteristics of a license14820
issued to a person who is twenty-one years of age or older.14821

       The driver's license issued to a temporary resident shall14822
contain the word "nonrenewable" and shall have any additional14823
characteristics prescribed by the registrar distinguishing it from14824
a license issued to a resident.14825

       Every driver's or commercial driver's license displaying a14826
motorcycle operator's endorsement and every restricted license to14827
operate a motor vehicle also shall display the designation14828
"novice," if the endorsement or license is issued to a person who14829
is eighteen years of age or older and previously has not been14830
licensed to operate a motorcycle by this state or another14831
jurisdiction recognized by this state. The "novice" designation14832
shall be effective for one year after the date of issuance of the14833
motorcycle operator's endorsement or license.14834

       Each license issued under this section shall be of such14835
material and so designed as to prevent its reproduction or14836
alteration without ready detection and, to this end, shall be14837
laminated with a transparent plastic material.14838

       (B) Except in regard to a driver's license issued to a14839
person who applies no more than thirty days before the applicant's14840
twenty-first birthday, neither the registrar nor any deputy14841
registrar shall issue a driver's license to anyone under14842
twenty-one years of age that does not have the characteristics14843
prescribed by the registrar distinguishing it from the driver's14844
license issued to persons who are twenty-one years of age or14845
older.14846

       (C)Whoever violates division (B) of this section is guilty14847
of a minor misdemeanor.14848

       Sec. 4507.14.  The registrar of motor vehicles upon issuing a14849
driver's license, a motorcycle operator's endorsement, a driver's14850
license renewal, or the renewal of any other license issued under14851
this chapter, whenever good cause appears, may impose restrictions14852
suitable to the licensee's driving ability with respect to the14853
type of or special mechanical control devices required on a motor14854
vehicle whichthat the licensee may operate, or suchany other14855
restrictions applicable to the licensee asthat the registrar14856
determines to be necessary.14857

       When issuing a license to a person with impaired hearing, the14858
registrar shall require that a motor vehicle operated by the14859
person be equipped with two outside rear vision mirrors, one on14860
the left side and the other on the right side.14861

       The registrar either may issue a special restricted license14862
or may set forth suchany restrictions applicable to the license14863
upon the usual license form.14864

       The registrar, upon receiving satisfactory evidence of any14865
violation of the restrictions of suchany license, after an14866
opportunity for a hearing in accordance with Chapter 119. of the14867
Revised Code, may suspend the license for a period of six months14868
impose upon the offender a class D suspension of the license from14869
the range specified in division (B)(4) of section 4510.02 of the14870
Revised Code.14871

       Sec. 4507.15.  For the purpose of enforcing sections 4507.0114872
to 4507.39, inclusive,this chapter and Chapter4510. of the14873
Revised Code, any court of record having criminal jurisdiction14874
shall have county-wide jurisdiction within the county in which it14875
is located to hear and finally determine cases arising under such14876
sectionsthis chapter and Chapter 4510. of the Revised Code. Such14877
actionsAn action arising under this section shall be commenced by14878
the filing of an affidavit, and the right of trial by jury is14879
preserved, but indictments are not required in misdemeanor cases14880
arising under such sectionsthis chapter and Chapter 4510. of the14881
Revised Code. The registrar shall prepare and furnish blanks for14882
the use of saidthe court in making reports of said convictions14883
and bond forfeitures arising under this chapter and Chapter 4510.14884
of the Revised Code.14885

       Sec. 4507.16.  (A)(1) The trial judge of any court of14886
record, in addition to or independent of all other penalties14887
provided by law or by ordinance, shall suspend for not less than14888
thirty days or more than three years or shall revoke the driver's14889
or commercial driver's license or permit or nonresident operating14890
privilege of any person who is convicted of or pleads guilty to14891
any of the following:14892

       (a) Perjuryimpose upon any person who is convicted of or14893
pleads guilty to perjury or the making of a false affidavit under14894
this chapter, or any other law of this state requiring the14895
registration of motor vehicles or regulating their operation on14896
the highway;14897

       (b) Any crime punishable as a felony under the motor vehicle14898
laws of this state or any other felony in the commission of which14899
a motor vehicle is used;14900

       (c) Failing to stop and disclose identity at the scene of14901
the accident when required by law or ordinance to do so;14902

       (d) Street racing as defined in section 4511.251 of the14903
Revised Code or any substantially similar municipal ordinance;14904

       (e) Willfully eluding or fleeing a police officer;14905

       (f) Trafficking in cigarettes with the intent to avoid14906
payment of the cigarette tax under division (A) of section14907
5743.112 of the Revised Code.14908

       (2) Subject to division (D)(1) of this section, the trial14909
judge of any court of record, in addition to or independent of all14910
other penalties provided by law or by ordinance, shall suspend the14911
driver's or commercial driver's license or permit or nonresident14912
operating privilege of any person who is convicted of or pleads14913
guilty to a violation of section 2903.06 or 2903.08 of the Revised14914
Code. The suspension shall be for the period of time specified in14915
section 2903.06 or 2903.08 of the Revised Code, whichever is14916
applicable.14917

       (3) If a person is convicted of or pleads guilty to a14918
violation of section 2907.24 of the Revised Code, an attempt to14919
commit a violation of that section, or a violation of or an14920
attempt to commit a violation of a municipal ordinance that is14921
substantially equivalent to that section and if the person, in14922
committing or attempting to commit the violation, was in, was on,14923
or used a motor vehicle, the trial judge of a court of record, in14924
addition to or independent of all other penalties provided by law14925
or ordinance, shall suspend for thirty days the person's driver's14926
or commercial driver's license or permit.14927

       The trial judge of any court of record, in addition to14928
suspensions or revocations of licenses, permits, or privileges14929
pursuant to this division and in addition to or independent of all14930
other penalties provided by law or by ordinance, shall impose a14931
suspended jail sentence not to exceed six months, if imprisonment14932
was not imposed for the offense for which the person was14933
convicted, a class six suspension of the offender's driver's14934
license, commercial driver's license, temporary instruction14935
permit, probationary license, or nonresident operating privilege14936
from the range specified in division (A)(6) of section 4510.02 of14937
the Revised Code. No judge shall suspend the first three months14938
of suspension of an offender's license, permit, or privilege14939
required by this division.14940

       (4)(B) If the trial judge of any court of record suspends or14941
revokes the driver's or commercial driver's license or permit or14942
nonresident operating privilege of a person who is convicted of or14943
pleads guilty to any offense for which sucha suspension or14944
revocationof that type is provided by law or ordinance, in14945
addition to all other penalties provided by law or ordinance, the14946
judge may issue an order prohibiting the offender from14947
registering, renewing, or transferring the registration of any14948
vehicle during the period that the offender's license, permit, or14949
privilege is suspended or revoked. The court promptly shall send14950
a copy of the order to the registrar of motor vehicles.14951

       Upon receipt of such anthe order from the court, neither the14952
registrar nor any deputy registrar shall accept any application14953
for the registration, registration renewal, or transfer of14954
registration of any motor vehicle owned or leased by the person14955
named in the order during the period that the person's license,14956
permit, or privilege is suspended or revoked, unless the registrar14957
is properly notified by the court that the order of suspension or14958
revocation has been canceled. When the period of suspension or14959
revocation expires or the order is canceled, the registrar or14960
deputy registrar shall accept the application for registration,14961
registration renewal, or transfer of registration of the person14962
named in the order.14963

       (B) Except as otherwise provided in this section, the trial14964
judge of any court of record and the mayor of a mayor's court, in14965
addition to or independent of all other penalties provided by law14966
or by ordinance, shall revoke the driver's or commercial driver's14967
license or permit or nonresident operating privilege of any person14968
who is convicted of or pleads guilty to a violation of division14969
(A) of section 4511.19 of the Revised Code, of a municipal14970
ordinance relating to operating a vehicle while under the14971
influence of alcohol, a drug of abuse, or alcohol and a drug of14972
abuse, or of a municipal ordinance that is substantially14973
equivalent to division (A) of section 4511.19 of the Revised Code14974
relating to operating a vehicle with a prohibited concentration of14975
alcohol in the blood, breath, or urine or suspend the license,14976
permit, or privilege as follows:14977

       (1) Except when division (B)(2), (3), or (4) of this section14978
applies and the judge or mayor is required to suspend or revoke14979
the offender's license or permit pursuant to that division, the14980
judge or mayor shall suspend the offender's driver's or commercial14981
driver's license or permit or nonresident operating privilege for14982
not less than six months nor more than three years.14983

       (2) Subject to division (B)(4) of this section, if, within14984
six years of the offense, the offender has been convicted of or14985
pleaded guilty to one violation of division (A) or (B) of section14986
4511.19 of the Revised Code, a municipal ordinance relating to14987
operating a vehicle while under the influence of alcohol, a drug14988
of abuse, or alcohol and a drug of abuse, a municipal ordinance14989
relating to operating a motor vehicle with a prohibited14990
concentration of alcohol in the blood, breath, or urine, section14991
2903.04 of the Revised Code in a case in which the offender was14992
subject to the sanctions described in division (D) of that14993
section, section 2903.06 or 2903.08 of the Revised Code, former14994
section 2903.07 of the Revised Code, or a municipal ordinance that14995
is substantially similar to former section 2903.07 of the Revised14996
Code in a case in which the jury or judge found that the offender14997
was under the influence of alcohol, a drug of abuse, or alcohol14998
and a drug of abuse, or a statute of the United States or of any14999
other state or a municipal ordinance of a municipal corporation15000
located in any other state that is substantially similar to15001
division (A) or (B) of section 4511.19 of the Revised Code, the15002
judge shall suspend the offender's driver's or commercial driver's15003
license or permit or nonresident operating privilege for not less15004
than one year nor more than five years.15005

       (3) Subject to division (B)(4) of this section, if, within15006
six years of the offense, the offender has been convicted of or15007
pleaded guilty to two violations described in division (B)(2) of15008
this section, or a statute of the United States or of any other15009
state or a municipal ordinance of a municipal corporation located15010
in any other state that is substantially similar to division (A)15011
or (B) of section 4511.19 of the Revised Code, the judge shall15012
suspend the offender's driver's or commercial driver's license or15013
permit or nonresident operating privilege for not less than one15014
year nor more than ten years.15015

       (4) If, within six years of the offense, the offender has15016
been convicted of or pleaded guilty to three or more violations15017
described in division (B)(2) of this section, a statute of the15018
United States or of any other state or a municipal ordinance of a15019
municipal corporation located in any other state that is15020
substantially similar to division (A) or (B) of section 4511.19 of15021
the Revised Code, or if the offender previously has been convicted15022
of or pleaded guilty to a violation of division (A) of section15023
4511.19 of the Revised Code under circumstances in which the15024
violation was a felony and regardless of when the violation and15025
the conviction or guilty plea occurred, the judge shall suspend15026
the offender's driver's or commercial driver's license or permit15027
or nonresident operating privilege for a period of time set by the15028
court but not less than three years, and the judge may permanently15029
revoke the offender's driver's or commercial driver's license or15030
permit or nonresident operating privilege.15031

       (5) The filing of an appeal by a person whose driver's or15032
commercial driver's license is suspended or revoked under division15033
(B)(1), (2), (3), or (4) of this section regarding any aspect of15034
the person's trial or sentence does not stay the operation of the15035
suspension or revocation.15036

       (C) The trial judge of any court of record or the mayor of a15037
mayor's court, in addition to or independent of all other15038
penalties provided by law or by ordinance, may suspend the15039
driver's or commercial driver's license or permit or nonresident15040
operating privilege of any person who violates a requirement or15041
prohibition of the court imposed under division (F) of this15042
section or division (G)(1) of section 2951.02 of the Revised Code15043
as follows:15044

       (1) For not more than one year, upon conviction for a first15045
violation of the requirement or prohibition;15046

       (2) For not more than five years, upon conviction for a15047
second or subsequent violation of the requirement or prohibition15048
during the same period of required use of an ignition interlock15049
device that is certified pursuant to section 4511.83 of the15050
Revised Code.15051

       (D)(1) The trial judge of any court of record, in addition15052
to or independent of all other penalties provided by law or by15053
ordinance, shall permanently revoke the driver's or commercial15054
driver's license or permit or nonresident operating privilege of15055
any person who is convicted of or pleads guilty to a violation of15056
section 2903.04 or 2903.06 of the Revised Code in a case in which15057
division (D) of section 2903.04 or division (B) of section 2903.0615058
of the Revised Code requires the judge to permanently revoke the15059
license, permit, or privilege.15060

       (2) In addition to any prison term authorized or required by15061
the section that establishes the offense and sections 2929.13 and15062
2929.14 of the Revised Code, and in addition to any other sanction15063
imposed for the offense under the section that establishes the15064
offense or sections 2929.11 to 2929.182 of the Revised Code, the15065
court that sentences an offender who is convicted of or pleads15066
guilty to a violation of section 2925.02, 2925.03, 2925.04,15067
2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14,15068
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the15069
Revised Code either shall revoke or, if it does not revoke, shall15070
suspend for not less than six months or more than five years, as15071
specified in the section that establishes the offense, the15072
person's driver's or commercial driver's license or permit. If15073
the person's driver's or commercial driver's license or permit is15074
under suspension on the date the court imposes sentence upon the15075
person, any revocation imposed upon the person that is referred to15076
in division (D)(2) of this section shall take effect immediately. 15077
If the person's driver's or commercial driver's license or permit15078
is under suspension on the date the court imposes sentence upon15079
the person, any period of suspension imposed upon the person that15080
is referred to in division (D)(2) of this section shall take15081
effect on the next day immediately following the end of that15082
period of suspension. If the person is sixteen years of age or15083
older and is a resident of this state but does not have a current,15084
valid Ohio driver's or commercial driver's license or permit, the15085
court shall order the registrar to deny to the person the issuance15086
of a driver's or commercial driver's license or permit for six15087
months beginning on the date the court imposes a sentence upon the15088
person. If the person has not attained the age of sixteen years15089
on the date the court sentences the person for the violation, the15090
period of denial shall commence on the date the person attains the15091
age of sixteen years.15092

       (E) Except as otherwise provided in this section, the trial15093
judge of any court of record and the mayor of a mayor's court, in15094
addition to or independent of all other penalties provided by law15095
or ordinance, shall suspend for not less than sixty days nor more15096
than two years the driver's or commercial driver's license or15097
permit or nonresident operating privilege of any person who is15098
convicted of or pleads guilty to a violation of division (B) of15099
section 4511.19 of the Revised Code or of a municipal ordinance15100
substantially equivalent to that division relating to operating a15101
vehicle with a prohibited concentration of alcohol in the blood,15102
breath, or urine.15103

       (F)(1) A person is not entitled to request, and a judge or15104
mayor shall not grant to the person, occupational driving15105
privileges under division (F) of this section if a person's15106
driver's or commercial driver's license or permit or nonresident15107
operating privilege has been suspended pursuant to division (B) or15108
(C) of this section or pursuant to division (F) of section15109
4511.191 of the Revised Code, and the person, within the preceding15110
seven years, has been convicted of or pleaded guilty to three or15111
more violations of one or more of the following:15112

       (a) Division (A) or (B) of section 4511.19 of the Revised15113
Code;15114

       (b) A municipal ordinance relating to operating a vehicle15115
while under the influence of alcohol, a drug of abuse, or alcohol15116
and a drug of abuse;15117

       (c) A municipal ordinance relating to operating a vehicle15118
with a prohibited concentration of alcohol in the blood, breath,15119
or urine;15120

       (d) Section 2903.04 of the Revised Code in a case in which15121
the person was subject to the sanctions described in division (D)15122
of that section;15123

       (e) Division (A)(1) of section 2903.06 or division (A)(1) of15124
section 2903.08 of the Revised Code or a municipal ordinance that15125
is substantially similar to either of those divisions;15126

       (f) Division (A)(2), (3), or (4) of section 2903.06,15127
division (A)(2) of section 2903.08, or former section 2903.07 of15128
the Revised Code, or a municipal ordinance that is substantially15129
similar to any of those divisions or that former section, in a15130
case in which the jury or judge found that the person was under15131
the influence of alcohol, a drug of abuse, or alcohol and a drug15132
of abuse;15133

       (g) A statute of the United States or of any other state or15134
a municipal ordinance of a municipal corporation located in any15135
other state that is substantially similar to division (A) or (B)15136
of section 4511.19 of the Revised Code.15137

       (2) Any other person who is not described in division (F)(1)15138
of this section and whose driver's or commercial driver's license15139
or nonresident operating privilege has been suspended under any of15140
those divisions may file a petition that alleges that the15141
suspension would seriously affect the person's ability to continue15142
the person's employment. The petition of a person whose license,15143
permit, or privilege was suspended pursuant to division (F) of15144
section 4511.191 of the Revised Code shall be filed in the court15145
specified in division (I)(4) of that section, and the petition of15146
a person whose license, permit, or privilege was suspended under15147
division (B) or (C) of this section shall be filed in the15148
municipal, county, mayor's, or in the case of a minor, juvenile15149
court that has jurisdiction over the place of arrest. Upon15150
satisfactory proof that there is reasonable cause to believe that15151
the suspension would seriously affect the person's ability to15152
continue the person's employment, the judge of the court or mayor15153
of the mayor's court may grant the person occupational driving15154
privileges during the period during which the suspension otherwise15155
would be imposed, except that the judge or mayor shall not grant15156
occupational driving privileges for employment as a driver of15157
commercial motor vehicles to any person who is disqualified from15158
operating a commercial motor vehicle under section 3123.611 or15159
4506.16 of the Revised Code or whose commercial driver's license15160
or commercial driver's temporary intruction permit has been15161
suspended under section 3123.58 of the Revised Code, and shall not15162
grant occupational driving privileges during any of the following15163
periods of time:15164

       (a) The first fifteen days of suspension imposed upon an15165
offender whose license, permit, or privilege is suspended pursuant15166
to division (B)(1) of this section or division (F)(1) of section15167
4511.191 of the Revised Code. On or after the sixteenth day of15168
suspension, the court may grant the offender occupational driving15169
privileges, but the court may provide that the offender shall not15170
exercise the occupational driving privileges unless the vehicles15171
the offender operates are equipped with ignition interlock15172
devices.15173

       (b) The first thirty days of suspension imposed upon an15174
offender whose license, permit, or privilege is suspended pursuant15175
to division (B)(2) of this section or division (F)(2) of section15176
4511.191 of the Revised Code. On or after the thirty-first day of15177
suspension, the court may grant the offender occupational driving15178
privileges, but the court may provide that the offender shall not15179
exercise the occupational driving privileges unless the vehicles15180
the offender operates are equipped with ignition interlock15181
devices.15182

       (c) The first one hundred eighty days of suspension imposed15183
upon an offender whose license, permit, or privilege is suspended15184
pursuant to division (B)(3) of this section or division (F)(3) of15185
section 4511.191 of the Revised Code. The judge may grant15186
occupational driving privileges to an offender who receives a15187
suspension under either of those divisions on or after the one15188
hundred eighty-first day of the suspension only if division (F) of15189
this section does not prohibit the judge from granting the15190
privileges and only if the judge, at the time of granting the15191
privileges, also issues an order prohibiting the offender, while15192
exercising the occupational driving privileges during the period15193
commencing with the one hundred eighty-first day of suspension and15194
ending with the first year of suspension, from operating any motor15195
vehicle unless it is equipped with a certified ignition interlock15196
device. After the first year of the suspension, the court may15197
authorize the offender to continue exercising the occupational15198
driving privileges in vehicles that are not equipped with ignition15199
interlock devices. If the offender does not petition for15200
occupational driving privileges until after the first year of15201
suspension and if division (F) of this section does not prohibit15202
the judge from granting the privileges, the judge may grant the15203
offender occupational driving privileges without requiring the use15204
of a certified ignition interlock device.15205

       (d) The first three years of suspension imposed upon an15206
offender whose license, permit, or privilege is suspended pursuant15207
to division (B)(4) of this section or division (F)(4) of section15208
4511.191 of the Revised Code. The judge may grant occupational15209
driving privileges to an offender who receives a suspension under15210
either of those divisions after the first three years of15211
suspension only if division (F) of this section does not prohibit15212
the judge from granting the privileges and only if the judge, at15213
the time of granting the privileges, also issues an order15214
prohibiting the offender from operating any motor vehicle, for the15215
period of suspension following the first three years of15216
suspension, unless the motor vehicle is equipped with a certified15217
ignition interlock device.15218

       (G) If a person's driver's or commercial driver's license or15219
permit or nonresident operating privilege has been suspended under15220
division (E) of this section, and the person, within the preceding15221
seven years, has been convicted of or pleaded guilty to three or15222
more violations identified in division (F)(1) of this section, the15223
person is not entitled to request, and the judge or mayor shall15224
not grant to the person, occupational driving privileges under15225
this division. Any other person whose driver's or commercial15226
driver's license or nonresident operating privilege has been15227
suspended under division (E) of this section may file a petition15228
that alleges that the suspension would seriously affect the15229
person's ability to continue the person's employment. The15230
petition shall be filed in the municipal, county, or mayor's court15231
that has jurisdiction over the place of arrest. Upon satisfactory15232
proof that there is reasonable cause to believe that the15233
suspension would seriously affect the person's ability to continue15234
the person's employment, the judge of the court or mayor of the15235
mayor's court may grant the person occupational driving privileges15236
during the period during which the suspension otherwise would be15237
imposed, except that the judge or mayor shall not grant15238
occupational driving privileges for employment as a driver of15239
commercial motor vehicles to any person who is disqualified from15240
operating a commercial motor vehicle under section 4506.16 of the15241
Revised Code, and shall not grant occupational driving privileges15242
during the first sixty days of suspension imposed upon an offender15243
whose driver's or commercial driver's license or permit or15244
nonresident operating privilege is suspended pursuant to division15245
(E) of this section.15246

       (H)(1) After a driver's or commercial driver's license or15247
permit has been suspended or revoked pursuant to this section, the15248
judge of the court or mayor of the mayor's court that suspended or15249
revoked the license or permit shall cause the offender to deliver15250
the license or permit to the court. The judge, mayor, or clerk of15251
the court or mayor's court, if the license or permit has been15252
suspended or revoked in connection with any of the offenses listed15253
in this section, forthwith shall forward it to the registrar with15254
notice of the action of the court.15255

       (2) Suspension of a commercial driver's license under this15256
section shall be concurrent with any period of disqualification15257
under section 3123.611 or 4506.16 of the Revised Code or any15258
period of suspension under section 3123.58 of the Revised Code. No15259
person who is disqualified for life from holding a commercial15260
driver's license under section 4506.16 of the Revised Code shall15261
be issued a driver's license under this chapter during the period15262
for which the commercial driver's license was suspended under this15263
section, and no person whose commercial driver's license is15264
suspended under this section shall be issued a driver's license15265
under this chapter during the period of the suspension.15266

       (I) No judge shall suspend the first thirty days of15267
suspension of a driver's or commercial driver's license or permit15268
or a nonresident operating privilege required under division (A)15269
of this section, no judge or mayor shall suspend the first six15270
months of suspension required under division (B)(1) of this15271
section, no judge shall suspend the first year of suspension15272
required under division (B)(2) of this section, no judge shall15273
suspend the first year of suspension required under division15274
(B)(3) of this section, no judge shall suspend the first three15275
years of suspension required under division (B)(4) of this15276
section, no judge or mayor shall suspend the revocation required15277
by division (D) of this section, and no judge or mayor shall15278
suspend the first sixty days of suspension required under division15279
(E) of this section, except that the court shall credit any period15280
of suspension imposed pursuant to section 4511.191 or 4511.196 of15281
the Revised Code against any time of suspension imposed pursuant15282
to division (B) or (E) of this section as described in division15283
(J) of this section.15284

       (J) The judge of the court or mayor of the mayor's court15285
shall credit any time during which an offender was subject to an15286
administrative suspension of the offender's driver's or commercial15287
driver's license or permit or nonresident operating privilege15288
imposed pursuant to division (E) or (F) of section 4511.191 or a15289
suspension imposed by a judge, referee, or mayor pursuant to15290
division (B)(1) or (2) of section 4511.196 of the Revised Code15291
against the time to be served under a related suspension imposed15292
pursuant to this section.15293

       (K) The judge or mayor shall notify the bureau of any15294
determinations made, and of any suspensions or revocations15295
imposed, pursuant to division (B) of this section.15296

       (L)(1) If a court issues an ignition interlock order under15297
division (F) of this section, the order shall authorize the15298
offender during the specified period to operate a motor vehicle15299
only if it is equipped with a certified ignition interlock device.15300
The court shall provide the offender with a copy of an ignition15301
interlock order issued under division (F) of this section, and the15302
copy of the order shall be used by the offender in lieu of an Ohio15303
driver's or commercial driver's license or permit until the15304
registrar or a deputy registrar issues the offender a restricted15305
license.15306

       An order issued under division (F) of this section does not15307
authorize or permit the offender to whom it has been issued to15308
operate a vehicle during any time that the offender's driver's or15309
commercial driver's license or permit is suspended or revoked15310
under any other provision of law.15311

       (2) The offender may present the ignition interlock order to15312
the registrar or to a deputy registrar. Upon presentation of the15313
order to the registrar or a deputy registrar, the registrar or15314
deputy registrar shall issue the offender a restricted license. A15315
restricted license issued under this division shall be identical15316
to an Ohio driver's license, except that it shall have printed on15317
its face a statement that the offender is prohibited during the15318
period specified in the court order from operating any motor15319
vehicle that is not equipped with a certified ignition interlock15320
device, and except that the date of commencement and the date of15321
termination of the period shall be indicated conspicuously upon15322
the face of the license.15323

       (3) As used in this section:15324

       (a) "Ignition interlock device" has the same meaning as in15325
section 4511.83 of the Revised Code.15326

       (b) "Certified ignition interlock device" means an ignition15327
interlock device that is certified pursuant to section 4511.83 of15328
the Revised Code.15329


       Sec. 4507.164.  (A) Except as provided in divisions (C) to15331
(E) of this section, when the license of any person is suspended15332
or revoked pursuant to any provision of the Revised Code other15333
than division (B)(G) of section 4507.164511.19 of the Revised15334
Code and other than section 4510.07 of the Revised Code for a15335
violation of a municipal OVI ordinance, the trial judge may15336
impound the identification license plates of any motor vehicle15337
registered in the name of the person.15338

       (B)(1) When the license of any person is suspended or15339
revoked pursuant to division (B)(1)(G)(1)(a) of section 4507.1615340
4511.19 of the Revised Code, or pursuant to section 4510.07 of the15341
Revised Code for a municipal OVI offense when the suspension is15342
equivalent in length to the suspension under division (G) of15343
section 4511.19 of the Revised Code that is specified in this15344
division, the trial judge of the court of record or the mayor of15345
the mayor's court that suspended or revoked the license may15346
impound the identification license plates of any motor vehicle15347
registered in the name of the person.15348

       (2) When the license of any person is suspended or revoked15349
pursuant to division (B)(2)(G)(1)(b) of section 4507.164511.19 of15350
the Revised Code, or pursuant to section 4510.07 of the Revised15351
Code for a municipal OVI offense when the suspension is equivalent15352
in length to the suspension under division (G) of section 4511.1915353
of the Revised Code that is specified in this division, the trial15354
judge of the court of record that suspended or revoked the license15355
shall order the impoundment of the identification license plates15356
of the motor vehicle the offender was operating at the time of the15357
offense and the immobilization of that vehicle in accordance with15358
section 4503.233 and division (A)(2),, (6), or (7)(G)(1)(b) of15359
section 4511.994511.19 or division (B)(2)(i) or (ii)(a) of15360
section 4511.193 of the Revised Code and may impound the15361
identification license plates of any other motor vehicle15362
registered in the name of the person whose license is suspended or15363
revoked.15364

       (3) When the license of any person is suspended or revoked15365
pursuant to division (B)(3)(G)(1)(c), (d), or (4)(e) of section15366
4507.164511.19 of the Revised Code, or pursuant to section15367
4510.07 of the Revised Code for a municipal OVI offense when the15368
suspension is equivalent in length to the suspension under15369
division (G) of section 4511.19 of the Revised Code that is15370
specified in this division, the trial judge of the court of record15371
that suspended or revoked the license shall order the criminal15372
forfeiture to the state of the motor vehicle the offender was15373
operating at the time of the offense in accordance with section15374
4503.234 and division (A)(3) or (4)(G)(1)(c), (d), or (8)(e) of15375
section 4511.994511.19 or division (B)(2)(b)(iii) of section15376
4511.193 of the Revised Code and may impound the identification15377
license plates of any other motor vehicle registered in the name15378
of the person whose license is suspended or revoked.15379

       (C)(1) When a person is convicted of or pleads guilty to a15380
violation of division (D)(2) of section 4507.024510.14 of the15381
Revised Code or a substantially equivalent municipal ordinance and15382
division (B)(1) or (2) of section 4507.994510.14 or division15383
(C)(1) or (2) of section 4507.364510.161 of the Revised Code15384
applies, the trial judge of the court of record or the mayor of15385
the mayor's court that imposes sentence shall order the15386
immobilization of the vehicle the person was operating at the time15387
of the offense and the impoundment of its identification license15388
plates in accordance with section 4503.233 and division (B)(1) or15389
(2) of section 4507.994510.14 or division (C)(1) or (2) of15390
section 4507.3614510.161 of the Revised Code and may impound the15391
identification license plates of any other vehicle registered in15392
the name of that person.15393

       (2) When a person is convicted of or pleads guilty to a15394
violation of division (D)(2) of section 4507.024510.14 of the15395
Revised Code or a substantially equivalent municipal ordinance and15396
division (B)(3) of section 4507.994510.14 or division (C)(3) of15397
section 4507.3614510.161 of the Revised Code applies, the trial15398
judge of the court of record that imposes sentence shall order the15399
criminal forfeiture to the state of the vehicle the person was15400
operating at the time of the offense in accordance with section15401
4503.234 and division (B)(3) of section 4507.994510.14 or15402
division (C)(3) of section 4507.3614510.161 of the Revised Code15403
and may impound the identification license plates of any other15404
vehicle registered in the name of that person.15405

       (D)(1) When a person is convicted of or pleads guilty to a15406
violation of division (B)(1)(A) of section 4507.024510.16 of the15407
Revised Code or a substantially equivalent municipal ordinance and15408
division (C)(1)(B)(2) or (2)(3) of section 4507.994510.16 or15409
division (B)(1) or (2) of section 4507.3614510.161 of the Revised15410
Code applies, the trial judge of the court of record or the mayor15411
of the mayor's court that imposes sentence shall order the15412
immobilization of the vehicle the person was operating at the time15413
of the offense and the impoundment of its identification license15414
plates in accordance with section 4503.233 and division15415
(C)(1)(B)(2) or (2)(3) of section 4507.994510.16 or division15416
(B)(1) or (2) of section 4507.3614510.161 of the Revised Code and15417
may impound the identification license plates of any other vehicle15418
registered in the name of that person.15419

       (2) When a person is convicted of or pleads guilty to a15420
violation of division (B)(1)(A) of section 4507.024510.16 of the15421
Revised Code or a substantially equivalent municipal ordinance and15422
division (C)(3)(B)(4) of section 4507.994510.16 or division15423
(B)(3) of section 4507.3614510.161 of the Revised Code applies,15424
the trial judge of the court of record that imposes sentence shall15425
order the criminal forfeiture to the state of the vehicle the15426
person was operating at the time of the offense in accordance with15427
section 4503.234 and division (C)(3)(B)(4) of section 4507.9915428
4510.16 or division (B)(3) of section 4507.3614510.161 of the15429
Revised Code and may impound the identification license plates of15430
any other vehicle registered in the name of that person.15431

       (E)(1) When a person is convicted of or pleads guilty to a15432
violation of section 4507.334511.203 of the Revised Code and the15433
person is sentenced pursuant to division (E)(C)(1) or(2) of15434
section 4507.994511.203 of the Revised Code, the trial judge of15435
the court of record or the mayor of the mayor's court that imposes15436
sentence shall order the immobilization of the vehicle that was15437
involved in the commission of the offense and the impoundment of15438
its identification license plates in accordance with division15439
(E)(C)(1) or(2) of section 4507.994511.203 and section 4503.23315440
of the Revised Code and may impound the identification license15441
plates of any other vehicle registered in the name of that person.15442

       (2) When a person is convicted of or pleads guilty to a15443
violation of section 4507.334511.203 of the Revised Code and the15444
person is sentenced pursuant to division (E)(2)(C)(3) of section15445
4507.994511.203 of the Revised Code, the trial judge of the court15446
of record or the mayor of the mayor's court that imposes sentence15447
shall order the criminal forfeiture to the state of the vehicle15448
that was involved in the commission of the offense in accordance15449
with division (E)(2)(C)(3) of section 4507.994511.203 and section15450
4503.234 of the Revised Code and may impound the identification15451
license plates of any other vehicle registered in the name of that15452
person.15453

       (F) Except as provided in section 4503.233 or 4503.234 of15454
the Revised Code, when the certificate of registration, the15455
identification license plates, or both have been impounded,15456
division (F)(B) of section 4507.02 of the Revised Code is15457
applicable.15458

       (G)As used in this section, "municipal OVI offense" has the15459
same meaning as in section 4511.181 of the Revised Code.15460

       Sec. 4507.17.  Any person whose license is suspended or15461
revoked under sections 4507.01 to 4507.39, inclusive, of the15462
Revised Code,canceled is not entitled to apply for or receive a15463
new license during the effective dates of suchthe suspension or15464
revocationcancellation.15465

       Sec. 4507.19.  The registrar of motor vehicles may suspend or15466
cancel any driver's license upon determination that such license15467
was obtained unlawfully, was issued in error, or has been altered15468
or willfully destroyed.15469

       Sec. 4507.20.  The registrar of motor vehicles, upon15470
determination that any person has more than seven points charged15471
against him under section 4507.021 of the Revised Code, and is not15472
subject to the provisions of section 4507.022 of the Revised Code,15473
or, havingwhen the registrar has good cause to believe that the15474
holder of a driver's or commercial driver's license is incompetent15475
or otherwise not qualified to be licensed, shall upon written15476
notice of at least fivethirty days sent to the licensee's last15477
known address, require himthe licensee to submit to a driver's15478
license examination or, a physical examination, or both, or a15479
commercial driver's license examination. Upon the conclusion of15480
the examination, the registrar may suspend or revoke the license15481
of the person, or may permit himthe licensee to retain the15482
license, or may issue himthe licensee a restricted license.15483
Refusal or neglect of the licensee to submit to the examination is15484
ground for suspension or revocation of histhe licensee's license.15485

       Sec. 4507.21.  (A) Each applicant for a driver's license15486
shall file an application in the office of the registrar of motor15487
vehicles or of a deputy registrar.15488

       (B)(1) Each person under eighteen years of age applying for15489
a driver's license issued in this state shall present satisfactory15490
evidence of having successfully completed any one of the15491
following:15492

       (a) A driver education course approved by the state15493
department of education.15494

       (b) A driver training course approved by the director of15495
public safety.15496

       (c) A driver training course comparable to a driver15497
education or driver training course described in division15498
(B)(1)(a) or (b) of this section and administered by a branch of15499
the armed forces of the United States and completed by the15500
applicant while residing outside this state for the purpose of15501
being with or near any person serving in the armed forces of the15502
United States.15503

       (2) Each person under eighteen years of age applying for a15504
driver's license also shall present, on a form prescribed by the15505
registrar, an affidavit signed by an eligible adult attesting that15506
the person has acquired at least fifty hours of actual driving15507
experience, with at least ten of those hours being at night.15508

       (C) If the registrar or deputy registrar determines that the15509
applicant is entitled to the driver's license, it shall be issued.15510
If the application shows that the applicant's license has been15511
previously revokedcanceled or suspended, the deputy registrar15512
shall forward the application to the registrar, who shall15513
determine whether the license shall be granted.15514

       (D) All applications shall be filed in duplicate, and the15515
deputy registrar issuing the license shall immediately forward to15516
the office of the registrar the original copy of the application,15517
together with the duplicate copy of the certificate, if issued.15518
The registrar shall prescribe rules as to the manner in which the15519
deputy registrar files and maintains the applications and other15520
records. The registrar shall file every application for a15521
driver's or commercial driver's license and index them by name and15522
number, and shall maintain a suitable record of all licenses15523
issued, all convictions and bond forfeitures, all applications for15524
licenses denied, and all licenses whichthat have been suspended15525
or revokedcanceled.15526

       (E) For purposes of section 2313.06 of the Revised Code, the15527
registrar shall maintain accurate and current lists of the15528
residents of each county who are eighteen years of age or older,15529
have been issued, on and after January 1, 1984, driver's or15530
commercial driver's licenses that are valid and current, and would15531
be electors if they were registered to vote, regardless of whether15532
they actually are registered to vote. The lists shall contain the15533
names, addresses, dates of birth, duration of residence in this15534
state, citizenship status, and social security numbers, if the15535
numbers are available, of the licensees, and may contain any other15536
information that the registrar considers suitable.15537

       (F) Each person under eighteen years of age applying for a15538
motorcycle operator's endorsement or a restricted license enabling15539
the applicant to operate a motorcycle shall present satisfactory15540
evidence of having completed the courses of instruction in the15541
motorcycle safety and education program described in section15542
4508.08 of the Revised Code or a comparable course of instruction15543
administered by a branch of the armed forces of the United States15544
and completed by the applicant while residing outside this state15545
for the purpose of being with or near any person serving in the15546
armed forces of the United States. If the registrar or deputy15547
registrar then determines that the applicant is entitled to the15548
endorsement or restricted license, it shall be issued.15549

       (G) No person shall knowingly make a false statement in an15550
affidavit presented in accordance with division (B)(2) of this15551
section.15552

       (H) As used in this section, "eligible adult" means any of15553
the following persons:15554

       (1) A parent, guardian, or custodian of the applicant;15555

       (2) A person over the age of twenty-one who acts in loco15556
parentis of the applicant and who maintains proof of financial15557
responsibility with respect to the operation of a motor vehicle15558
owned by the applicant or with respect to the applicant's15559
operation of any motor vehicle.15560

       (I)Whoever violates division (G) of this section is guilty15561
of a minor misdemeanor and shall be fined one hundred dollars.15562

       Sec. 4507.30.  No person shall do any of the following:15563

       (A) Display, or cause or permit to be displayed, or possess15564
any identification card, driver's or commercial driver's license,15565
temporary instruction permit, or commercial driver's license15566
temporary instruction permit knowing the same to be fictitious, or15567
to have been canceled, revoked, suspended, or altered;15568

       (B) Lend to a person not entitled thereto, or knowingly15569
permit hima person not entitled thereto to use any identification15570
card, driver's or commercial driver's license, temporary15571
instruction permit, or commercial driver's license temporary15572
instruction permit issued to the person so lending or permitting15573
the use thereof;15574

       (C) Display, or represent as one's own, any identification15575
card, driver's or commercial driver's license, temporary15576
instruction permit, or commercial driver's license temporary15577
instruction permit not issued to the person so displaying the15578
same;15579

       (D) Fail to surrender to the registrar of motor vehicles,15580
upon histhe registrar's demand, any identification card, driver's15581
or commercial driver's license, temporary instruction permit, or15582
commercial driver's license temporary instruction permit which15583
that has been suspended,or canceled, or revoked;15584

       (E) In any application for an identification card, driver's15585
or commercial driver's license, temporary instruction permit, or15586
commercial driver's license temporary instruction permit, or any15587
renewal or duplicate thereof, knowingly conceal a material fact,15588
or present any physician's statement required under section15589
4507.08 or 4507.081 of the Revised Code when knowing the same to15590
be false or fictitious.15591

       (F)Whoever violates any division of this section is guilty15592
of a misdemeanor of the first degree.15593

       Sec. 4507.31. (A) No person shall cause or knowingly permit15594
any minor under eighteen to drive a motor vehicle upon a highway15595
as an operator, unless suchthe minor has first obtained a license15596
or permit to drive a motor vehicle under sections 4507.01 to15597
4507.39, inclusive, of the Revised Codethis chapter.15598

       (B)Whoever violates this section is guilty of a misdemeanor15599
of the first degree.15600

       Sec. 4507.321. (A) Notwithstanding the definition of15601
"chauffeur" in section 4501.01 of the Revised Code, no person15602
shall employ,any minor for the purpose of operating a taxicab,15603
any minor under eighteen years of age.15604

       (B)Whoever violates this section is guilty of a misdemeanor15605
of the first degree.15606

       Sec. 4507.35. (A) The operator of a motor vehicle shall15607
display histhe operator's driver's license, or furnish15608
satisfactory proof that hethe operator has sucha driver's15609
license, upon demand of any peace officer or of any person damaged15610
or injured in any collision in which suchthe licensee may be15611
involved. When a demand is properly made and the operator has his15612
the operator's driver's license on or about histhe operator's15613
person, hethe operator shall not refuse to display saidthe15614
license. FailureA person's failure to furnish satisfactory15615
evidence that suchthe person is licensed under sections 4507.0115616
to 4507.30 of the Revised Codethis chapter when suchthe person15617
does not have histhe person's license on or about histhe15618
person's person shall be prima-facie evidence of histhe person's15619
not having obtained sucha driver's license.15620

       (B)Whoever violates this section is guilty of a misdemeanor15621
of the first degree.15622

       Sec. 4507.36. (A) No person shall knowingly make a false15623
statement to any matter or thing required by sections 4507.01 to15624
4507.39, inclusive, of the Revised Codethis chapter.15625

       (B)Whoever violates this section is guilty of a misdemeanor15626
of the first degree.15627

       Sec. 4507.45.  If a person's driver's license, commercial15628
driver's license, or nonresident operating privilege is suspended,15629
disqualified, or revokedcanceled for an indefinite period of time15630
or for a period of at least ninety days, and if at the end of the15631
period of suspension, disqualification, or revocationcancellation15632
the person is eligible to have the license or privilege15633
reinstated, the registrar of motor vehicles shall collect a15634
reinstatement fee of thirty dollars when the person requests15635
reinstatement. However, the registrar shall not collect the fee15636
prescribed by this section if a different driver's license,15637
commercial driver's license, or nonresident operating privilege15638
reinstatement fee is prescribed by law.15639

       Sec. 4507.50.  (A) The registrar of motor vehicles or a15640
deputy registrar, upon receipt of an application filed in15641
compliance with section 4507.51 of the Revised Code by any person15642
who is a resident or a temporary resident of this state and,15643
except as otherwise provided in this section, is not licensed as15644
an operator of a motor vehicle in this state or another licensing15645
jurisdiction, and, except as provided in division (B) of this15646
section, upon receipt of a fee of three dollars and fifty cents,15647
shall issue an identification card to that person.15648

       Any person who is a resident or temporary resident of this15649
state whose Ohio driver's or commercial driver's license has been15650
suspended or revokedcanceled, upon application in compliance with15651
section 4507.51 of the Revised Code and, except as provided in15652
division (B) of this section, payment of a fee of three dollars15653
and fifty cents, may be issued a temporary identification card.15654
The temporary identification card shall be identical to an15655
identification card, except that it shall be printed on its face15656
with a statement that the card is valid during the effective dates15657
of the suspension or revocationcancellation of the cardholder's15658
license, or until the birthday of the cardholder in the fourth15659
year after the date on which it is issued, whichever is shorter.15660
The cardholder shall surrender the identification card to the15661
registrar or any deputy registrar before the cardholder's driver's15662
or commercial driver's license is restored or reissued.15663

       Except as provided in division (B) of this section, the15664
deputy registrar shall be allowed a fee of two dollars and 15665
seventy-five cents commencing on July 1, 2001, three dollars and15666
twenty-five cents commencing on January 1, 2003, and three dollars15667
and fifty cents commencing on January 1, 2004, for each15668
identification card issued under this section. The fee allowed to15669
the deputy registrar shall be in addition to the fee for issuing15670
an identification card.15671

       Neither the registrar nor any deputy registrar shall charge a15672
fee in excess of one dollar and fifty cents for laminating an15673
identification card or temporary identification card. A deputy15674
registrar laminating such a card shall retain the entire amount of15675
the fee charged for lamination, less the actual cost to the15676
registrar of the laminating materials used for that lamination, as15677
specified in the contract executed by the bureau for the15678
laminating materials and laminating equipment. The deputy15679
registrar shall forward the amount of the cost of the laminating15680
materials to the registrar for deposit as provided in this15681
section.15682

       The fee collected for issuing an identification card under15683
this section, except the fee allowed to the deputy registrar,15684
shall be paid into the state treasury to the credit of the state15685
bureau of motor vehicles fund created in section 4501.25 of the15686
Revised Code.15687

       (B) A disabled veteran who has a service-connected15688
disability rated at one hundred per cent by the veterans'15689
administration may apply to the registrar or a deputy registrar15690
for the issuance to that veteran of an identification card or a15691
temporary identification card under this section without payment15692
of any fee prescribed in division (A) of this section, including15693
any lamination fee.15694

       If the identification card or temporary identification card15695
of a disabled veteran described in this division is laminated by a15696
deputy registrar who is acting as a deputy registrar pursuant to a15697
contract with the registrar that is in effect on the effective15698
date of this amendment, the disabled veteran shall pay the deputy15699
registrar the lamination fee prescribed in division (A) of this15700
section. If the identification card or temporary identification15701
card is laminated by a deputy registrar who is acting as a deputy15702
registrar pursuant to a contract with the registrar that is15703
executed after July 29, 1998, the disabled veteran is not15704
required to pay the deputy registrar the lamination fee prescribed15705
in division (A) of this section.15706

       A disabled veteran whose identification card or temporary15707
identification card is laminated by the registrar is not required15708
to pay the registrar any lamination fee.15709

       An application made under division (A) of this section shall15710
be accompanied by such documentary evidence of disability as the15711
registrar may require by rule.15712

       Sec. 4507.52. (A) Each identification card issued by the15713
registrar of motor vehicles or a deputy registrar shall display a15714
distinguishing number assigned to the cardholder, and shall15715
display the following inscription:15716

"STATE OF OHIO IDENTIFICATION CARD
15717

       This card is not valid for the purpose of operating a motor15718
vehicle. It is provided solely for the purpose of establishing15719
the identity of the bearer described on the card, who currently is15720
not licensed to operate a motor vehicle in the state of Ohio."15721

       The identification card shall display substantially the same15722
information as contained in the application and as described in15723
division (A)(1) of section 4507.51 of the Revised Code, but shall15724
not display the cardholder's social security number unless the15725
cardholder specifically requests that the cardholder's social15726
security number be displayed on the card. If federal law15727
requires the cardholder's social security number to be displayed15728
on the identification card, the social security number shall be15729
displayed on the card notwithstanding this section. The15730
identification card also shall display the color photograph of the15731
cardholder. If the cardholder has executed a durable power of15732
attorney for health care or a declaration governing the use or15733
continuation, or the withholding or withdrawal, of life-sustaining15734
treatment and has specified that the cardholder wishes the15735
identification card to indicate that the cardholder has executed15736
either type of instrument, the card also shall display any symbol15737
chosen by the registrar to indicate that the cardholder has15738
executed either type of instrument. The card shall be sealed in15739
transparent plastic or similar material and shall be so designed15740
as to prevent its reproduction or alteration without ready15741
detection.15742

       The identification card for persons under twenty-one years of15743
age shall have characteristics prescribed by the registrar15744
distinguishing it from that issued to a person who is twenty-one15745
years of age or older, except that an identification card issued15746
to a person who applies no more than thirty days before the15747
applicant's twenty-first birthday shall have the characteristics15748
of an identification card issued to a person who is twenty-one15749
years of age or older.15750

       Every identification card issued to a resident of this state15751
shall expire, unless canceled or surrendered earlier, on the15752
birthday of the cardholder in the fourth year after the date on15753
which it is issued. Every identification card issued to a15754
temporary resident shall expire in accordance with rules adopted15755
by the registrar and is nonrenewable, but may be replaced with a15756
new identification card upon the applicant's compliance with all15757
applicable requirements. A cardholder may renew the cardholder's15758
identification card within ninety days prior to the day on which15759
it expires by filing an application and paying the prescribed fee15760
in accordance with section 4507.50 of the Revised Code.15761

       If a cardholder applies for a driver's or commercial driver's15762
license in this state or another licensing jurisdiction, the15763
cardholder shall surrender the cardholder's identification card to15764
the registrar or any deputy registrar before the license is15765
issued.15766

       (B) If a card is lost, destroyed, or mutilated, the person to15767
whom the card was issued may obtain a duplicate by doing both of15768
the following:15769

       (A)(1) Furnishing suitable proof of the loss, destruction,15770
or mutilation to the registrar or a deputy registrar;15771

       (B)(2) Filing an application and presenting documentary15772
evidence under section 4507.51 of the Revised Code.15773

       Any person who loses a card and, after obtaining a duplicate,15774
finds the original, immediately shall surrender the original to15775
the registrar or a deputy registrar.15776

       A cardholder may obtain a replacement identification card15777
that reflects any change of the cardholder's name by furnishing15778
suitable proof of the change to the registrar or a deputy15779
registrar and surrendering the cardholder's existing card.15780

       When a cardholder applies for a duplicate or obtains a15781
replacement identification card, the cardholder shall pay a fee of15782
two dollars and fifty cents. A deputy registrar shall be allowed15783
an additional fee of two dollars and seventy-five cents15784
commencing on July 1, 2001, three dollars and twenty-five cents15785
commencing on January 1, 2003, and three dollars and fifty cents15786
commencing on January 1, 2004, for issuing a duplicate or15787
replacement identification card. A disabled veteran who is a15788
cardholder and has a service-connected disability rated at one15789
hundred per cent by the veterans' administration may apply to the15790
registrar or a deputy registrar for the issuance of a duplicate or15791
replacement identification card without payment of any fee15792
prescribed in this section, and without payment of any lamination15793
fee if the disabled veteran would not be required to pay a15794
lamination fee in connection with the issuance of an15795
identification card or temporary identification card as provided15796
in division (B) of section 4507.50 of the Revised Code.15797

       A duplicate or replacement identification card shall expire15798
on the same date as the card it replaces.15799

       (C) The registrar shall cancel any card upon determining that15800
the card was obtained unlawfully, issued in error, or was altered.15801
The registrar also shall cancel any card that is surrendered to15802
the registrar or to a deputy registrar after the holder has15803
obtained a duplicate, replacement, or driver's or commercial15804
driver's license.15805

       (D)(1) No agent of the state or its political subdivisions15806
shall condition the granting of any benefit, service, right, or15807
privilege upon the possession by any person of an identification15808
card. Nothing in this section shall preclude any publicly15809
operated or franchised transit system from using an identification15810
card for the purpose of granting benefits or services of the15811
system.15812

       (2) No person shall be required to apply for, carry, or15813
possess an identification card.15814

       (C)(E) Except in regard to an identification card issued to15815
a person who applies no more than thirty days before the15816
applicant's twenty-first birthday, neither the registrar nor any15817
deputy registrar shall issue an identification card to a person15818
under twenty-one years of age that does not have the15819
characteristics prescribed by the registrar distinguishing it from15820
the identification card issued to persons who are twenty-one years15821
of age or older.15822

       (F)Whoever violates division (E) of this section is guilty15823
of a minor misdemeanor.15824

       Sec. 4507.99.  (A) Whoever violates division (B)(2) or (D)(1)15825
of section 4507.02 of the Revised Code is guilty of driving under15826
suspension or revocation or in violation of license restrictions,15827
a misdemeanor of the first degree. Whoever violates division (C)15828
of section 4507.02 of the Revised Code is guilty of driving15829
without paying a license reinstatement fee, a misdemeanor of the15830
first degree. Except as otherwise provided in division (D) of15831
section 4507.162 of the Revised Code, the court, in addition to or15832
independent of all other penalties provided by law, may suspend15833
for a period not to exceed one year the driver's or commercial15834
driver's license or permit or nonresident operating privilege of15835
any person who pleads guilty to or is convicted of a violation of15836
division (B)(2), (C), or (D)(1) of section 4507.02 of the Revised15837
Code.15838

       (B) Whoever violates division (D)(2) of section 4507.02 of15839
the Revised Code is guilty of driving under OMVI suspension or15840
revocation and shall be punished as provided in division (B)(1),15841
(2), or (3) and divisions (B)(4) to (8) of this section.15842

       (1) Except as otherwise provided in division (B)(2) or (3)15843
of this section, driving under OMVI suspension or revocation is a15844
misdemeanor of the first degree, and the court shall sentence the15845
offender to a term of imprisonment of not less than three15846
consecutive days and may sentence the offender pursuant to section15847
2929.21 of the Revised Code to a longer term of imprisonment. As15848
an alternative to the term of imprisonment required to be imposed15849
by this division, but subject to division (B)(6) of this section,15850
the court may sentence the offender to a term of not less than15851
thirty consecutive days of electronically monitored house arrest15852
as defined in division (A)(4) of section 2929.23 of the Revised15853
Code. The period of electronically monitored house arrest shall15854
not exceed six months. In addition, the court shall impose upon15855
the offender a fine of not less than two hundred fifty and not15856
more than one thousand dollars.15857

       Regardless of whether the vehicle the offender was operating15858
at the time of the offense is registered in the offender's name or15859
in the name of another person, the court, in addition to or15860
independent of any other sentence that it imposes upon the15861
offender and subject to section 4503.235 of the Revised Code,15862
shall order the immobilization for thirty days of the vehicle the15863
offender was operating at the time of the offense and the15864
impoundment for thirty days of the identification license plates15865
of that vehicle. The order for immobilization and impoundment15866
shall be issued and enforced in accordance with section 4503.23315867
of the Revised Code.15868

       (2) If, within five years of the offense, the offender has15869
been convicted of or pleaded guilty to one violation of division15870
(D)(2) of section 4507.02 of the Revised Code or a municipal15871
ordinance that is substantially equivalent to that division,15872
driving under OMVI suspension or revocation is a misdemeanor, and15873
the court shall sentence the offender to a term of imprisonment of15874
not less than ten consecutive days and may sentence the offender15875
to a longer definite term of imprisonment of not more than one15876
year. As an alternative to the term of imprisonment required to15877
be imposed by this division, but subject to division (B)(6) of15878
this section, the court may sentence the offender to a term of not15879
less than ninety consecutive days of electronically monitored15880
house arrest as defined in division (A)(4) of section 2929.23 of15881
the Revised Code. The period of electronically monitored house15882
arrest shall not exceed one year. In addition, the court shall15883
impose upon the offender a fine of not less than five hundred and15884
not more than two thousand five hundred dollars.15885

       Regardless of whether the vehicle the offender was operating15886
at the time of the offense is registered in the offender's name or15887
in the name of another person, the court, in addition to or15888
independent of any other sentence that it imposes upon the15889
offender and subject to section 4503.235 of the Revised Code,15890
shall order the immobilization for sixty days of the vehicle the15891
offender was operating at the time of the offense and the15892
impoundment for sixty days of the identification license plates of15893
that vehicle. The order for immobilization and impoundment shall15894
be issued and enforced in accordance with section 4503.233 of the15895
Revised Code.15896

       (3) If, within five years of the offense, the offender has15897
been convicted of or pleaded guilty to two or more violations of15898
division (D)(2) of section 4507.02 of the Revised Code or a15899
municipal ordinance that is substantially equivalent to that15900
division, driving under OMVI suspension or revocation is guilty of15901
a misdemeanor. The court shall sentence the offender to a term of15902
imprisonment of not less than thirty consecutive days and may15903
sentence the offender to a longer definite term of imprisonment of15904
not more than one year. The court shall not sentence the offender15905
to a term of electronically monitored house arrest as defined in15906
division (A)(4) of section 2929.23 of the Revised Code. In15907
addition, the court shall impose upon the offender a fine of not15908
less than five hundred and not more than two thousand five hundred15909
dollars.15910

       Regardless of whether the vehicle the offender was operating15911
at the time of the offense is registered in the offender's name or15912
in the name of another person, the court, in addition to or15913
independent of any other sentence that it imposes upon the15914
offender and subject to section 4503.235 of the Revised Code,15915
shall order the criminal forfeiture to the state of the vehicle15916
the offender was operating at the time of the offense. The order15917
of criminal forfeiture shall be issued and enforced in accordance15918
with section 4503.234 of the Revised Code.15919

       If title to a motor vehicle that is subject to an order for15920
criminal forfeiture under this section is assigned or transferred15921
and division (C)(2) or (3) of section 4503.234 of the Revised Code15922
applies, in addition to or independent of any other penalty15923
established by law, the court may fine the offender the value of15924
the vehicle as determined by publications of the national auto15925
dealer's association. The proceeds from any fine imposed under15926
this division shall be distributed in accordance with division15927
(D)(4) of section 4503.234 of the Revised Code.15928

       (4) In addition to or independent of all other penalties15929
provided by law or ordinance, the trial judge of any court of15930
record or the mayor of a mayor's court shall suspend for a period15931
not to exceed one year the driver's or commercial driver's license15932
or permit or nonresident operating privilege of an offender who is15933
sentenced under division (B)(1), (2), or (3) of this section.15934

       (5) Fifty per cent of any fine imposed by a court under15935
division (B)(1), (2), or (3) of this section shall be deposited15936
into the county indigent drivers alcohol treatment fund or15937
municipal indigent drivers alcohol treatment fund under the15938
control of that court, as created by the county or municipal15939
corporation pursuant to division (N) of section 4511.191 of the15940
Revised Code.15941

       (6) No court shall impose the alternative sentence of not15942
less than thirty consecutive days of electronically monitored15943
house arrest permitted to be imposed by division (B)(1) of this15944
section or the alternative sentence of a term of not less than15945
ninety consecutive days of electronically monitored house arrest15946
permitted to be imposed by division (B)(2) of this section, unless15947
within sixty days of the date of sentencing, the court issues a15948
written finding, entered into the record, that, due to the15949
unavailability of space at the incarceration facility where the15950
offender is required to serve the term of imprisonment imposed15951
upon the offender, the offender will not be able to begin serving15952
that term of imprisonment within the sixty-day period following15953
the date of sentencing. If the court issues such a finding, the15954
court may impose the alternative sentence comprised of or15955
including electronically monitored house arrest permitted to be15956
imposed by division (B)(1) or (2) of this section.15957

       (7) An offender sentenced under this section to a period of15958
electronically monitored house arrest shall be permitted work15959
release during such period. The duration of the work release15960
shall not exceed the time necessary each day for the offender to15961
commute to and from the place of employment and the offender's15962
home or other place specified by the sentencing court and the time15963
actually spent under employment.15964

       (8) Suspension of a commercial driver's license under this15965
section shall be concurrent with any period of disqualification15966
under section 3123.611 or 4506.16 of the Revised Code or any15967
period of suspension under section 3123.58 of the Revised Code. No15968
person who is disqualified for life from holding a commercial15969
driver's license under section 4506.16 of the Revised Code shall15970
be issued a driver's license under this chapter during the period15971
for which the commercial driver's license was suspended under this15972
section, and no person whose commercial driver's license is15973
suspended under this section shall be issued a driver's license15974
under this chapter during the period of the suspension.15975

       (C) Whoever violates division (B)(1) of section 4507.02 of15976
the Revised Code is guilty of driving under financial15977
responsibility law suspension or revocation and shall be punished15978
as provided in division (C)(1), (2), or (3) and division (C)(4) of15979
this section.15980

       (1) Except as otherwise provided in division (C)(2) or (3)15981
of this section, driving under financial responsibility law15982
suspension or revocation is a misdemeanor of the first degree.15983

       Regardless of whether the vehicle the offender was operating15984
at the time of the offense is registered in the offender's name or15985
in the name of another person, the court, in addition to or15986
independent of any other sentence that it imposes upon the15987
offender and subject to section 4503.235 of the Revised Code,15988
shall order the immobilization for thirty days of the vehicle the15989
offender was operating at the time of the offense and the15990
impoundment for thirty days of the identification license plates15991
of that vehicle. The order for immobilization and impoundment15992
shall be issued and enforced in accordance with section 4503.23315993
of the Revised Code.15994

       (2) If, within five years of the offense, the offender has15995
been convicted of or pleaded guilty to one violation of division15996
(B)(1) of section 4507.02 of the Revised Code or a municipal15997
ordinance that is substantially equivalent to that division,15998
driving under financial responsibility law suspension or15999
revocation is a misdemeanor of the first degree.16000

       Regardless of whether the vehicle the offender was operating16001
at the time of the offense is registered in the offender's name or16002
in the name of another person, the court, in addition to or16003
independent of any other sentence that it imposes upon the16004
offender and subject to section 4503.235 of the Revised Code,16005
shall order the immobilization for sixty days of the vehicle the16006
offender was operating at the time of the offense and the16007
impoundment for sixty days of the identification license plates of16008
that vehicle. The order for immobilization and impoundment shall16009
be issued and enforced in accordance with section 4503.233 of the16010
Revised Code.16011

       (3) If, within five years of the offense, the offender has16012
been convicted of or pleaded guilty to two or more violations of16013
division (B)(1) of section 4507.02 of the Revised Code or a16014
municipal ordinance that is substantially equivalent to that16015
division, driving under financial responsibility law suspension or16016
revocation is a misdemeanor of the first degree.16017

       Regardless of whether the vehicle the offender was operating16018
at the time of the offense is registered in the offender's name or16019
in the name of another person, the court, in addition to or16020
independent of any other sentence that it imposes upon the16021
offender and subject to section 4503.235 of the Revised Code,16022
shall order the criminal forfeiture to the state of the vehicle16023
the offender was operating at the time of the offense. The order16024
of criminal forfeiture shall be issued and enforced in accordance16025
with section 4503.234 of the Revised Code.16026

       If title to a motor vehicle that is subject to an order for16027
criminal forfeiture under this section is assigned or transferred16028
and division (C)(2) or (3) of section 4503.234 of the Revised Code16029
applies, in addition to or independent of any other penalty16030
established by law, the court may fine the offender the value of16031
the vehicle as determined by publications of the national auto16032
dealer's association. The proceeds from any fine imposed under16033
this division shall be distributed in accordance with division16034
(D)(4) of section 4503.234 of the Revised Code.16035

       (4) Except as otherwise provided in division (D) of section16036
4507.162 of the Revised Code, the court, in addition to or16037
independent of all other penalties provided by law, may suspend16038
for a period not to exceed one year the driver's or commercial16039
driver's license or permit or nonresident operating privilege of16040
an offender who is sentenced under division (C)(1), (2), or (3) of16041
this section.16042

       (5) The court shall not release a vehicle from the16043
immobilization ordered under division (C)(1) or (2) of this16044
section unless the court is presented with current proof of16045
financial responsibility with respect to that vehicle.16046

       (D) Whoever violates division (A)(1) or (3) of section16047
4507.02 of the Revised Code by operating a motor vehicle when the16048
offender's driver's or commercial driver's license has been16049
expired for no more than six months is guilty of a minor16050
misdemeanor. Whoever violates division (B) of section 4507.13 or16051
division (C) of section 4507.52 of the Revised Code is guilty of a16052
minor misdemeanor.16053

       (E) Whoever violates section 4507.33 of the Revised Code is16054
guilty of permitting the operation of a vehicle by a person with16055
no legal right to operate a vehicle and shall be punished as16056
provided in division (E)(1) or (2) of this section.16057

       (1) Except as otherwise provided in division (E)(2) of this16058
section, permitting the operation of a vehicle by a person with no16059
legal right to operate a vehicle is a misdemeanor of the first16060
degree. In addition to or independent of any other sentence that16061
it imposes upon the offender and subject to section 4503.235 of16062
the Revised Code, the court shall order the immobilization for16063
thirty days of the vehicle involved in the offense and the16064
impoundment for thirty days of the identification license plates16065
of that vehicle. The order for immobilization and impoundment16066
shall be issued and enforced in accordance with section 4503.23316067
of the Revised Code.16068

       (2) If the offender previously has been convicted of or16069
pleaded guilty to one or more violations of section 4507.33 of the16070
Revised Code, permitting the operation of a vehicle by a person16071
with no legal right to operate a vehicle is a misdemeanor of the16072
first degree. In addition to or independent of any other sentence16073
that it imposes upon the offender and subject to section 4503.23516074
of the Revised Code, the court shall order the criminal forfeiture16075
to the state of the vehicle involved in the offense. The order of16076
criminal forfeiture shall be issued and enforced in accordance16077
with section 4503.234 of the Revised Code.16078

       If title to a motor vehicle that is subject to an order for16079
criminal forfeiture under this section is assigned or transferred16080
and division (C)(2) or (3) of section 4503.234 of the Revised Code16081
applies, in addition to or independent of any other penalty16082
established by law, the court may fine the offender the value of16083
the vehicle as determined by publications of the national auto16084
dealer's association. The proceeds from any fine imposed under16085
this division shall be distributed in accordance with division16086
(D)(4) of section 4503.234 of the Revised Code.16087

       (F) Whoever violates division (F)(1) or (2) of section16088
4507.05, or division (B) or (D) of section 4507.071 of the Revised16089
Code is guilty of a minor misdemeanor.16090

       (G) Whoever violates division (G) of section 4507.21 of the16091
Revised Code shall be fined one hundred dollars.16092

       (H) Except as provided in divisions (A) to (E) of this16093
section and unlessUnless another penalty is provided by the16094
section that contains the provision violated or otherwise is16095
provided by the laws of this state, whoever violates any provision16096
of sections 4507.01 to 4507.081 or 4507.10 to 4507.37 of the16097
Revised Code is guilty of a misdemeanor of the first degree.16098

       (I) Whenever a person is found guilty of a violation of16099
section 4507.32 of the Revised Code, the trial judge of any court16100
of record, in addition to or independent of all other penalties16101
provided by law or ordinance, may suspend for any period of time16102
not exceeding three years or revoke the license of any person,16103
partnership, association, or corporation, issued under section16104
4511.763 of the Revised Code.16105

       (J)(B) Whenever a person is found guilty of a violation of16106
a traffic offense specified in Traffic Rule 13(B) that requires16107
the person's appearance in court, the court shall require the16108
person to verify the existence at the time of the offense of proof16109
of financial responsibility covering the person's operation of the16110
motor vehicle, or the motor vehicle if registered in the person's16111
name, and notify the registrar pursuant to division (D) of section16112
4509.101 of the Revised Code if the person fails to verify the16113
existence of such proof of financial responsibility.16114

       Sec. 4508.03.  (A) No driver training school shall be16115
established nor any such existing school continued unless the16116
school applies for and obtains from the director of public safety16117
a license in the manner and form prescribed by the director.16118

       The rules shall state the requirements for a school license,16119
including requirements concerning location, equipment, courses of16120
instruction, instructors, previous records of the school and16121
instructors, financial statements, schedule of fees and charges,16122
character and reputation of the operators, insurance in suchthe16123
sum and with suchthose provisions as the director considers16124
necessary to protect adequately the interests of the public, and16125
suchany other matters as the director may prescribe for the16126
protection of the public. The rules also shall require financial16127
responsibility information as part of the driver education16128
curriculum.16129

       (B) Any school that offers a driver training program for16130
disabled persons shall provide specially trained instructors for16131
the driver training of such persons. No school shall operate a16132
driver training program for disabled persons after June 30, 1978,16133
unless it has been licensed for such operation by the director. No16134
person shall act as a specially trained instructor in a driver16135
training program for disabled persons operated by a school after16136
June 30, 1978, unless that person has been licensed by the16137
director.16138

       (C) The director shall certify instructors to teach driver16139
training to disabled persons in accordance with training program16140
requirements established by the department of public safety.16141

       (D) No person shall operate a driver training school unless16142
the person has a valid license issued by the director under this16143
section.16144

       (E) Whoever violates division (D) of this section is guilty16145
of operating a driver training school without a valid license, a16146
minor misdemeanor. On a second or subsequent offense within two16147
years after the first offense, the person is guilty of a16148
misdemeanor of the fourth degree.16149

       Sec. 4508.04. (A) No person shall act as a driver training16150
instructor and on and after June 30, 1978, no person shall act as16151
a driver training instructor for disabled persons unless such16152
person applies for and obtains from the director of public safety16153
a license in the manner and form prescribed by the director. The16154
director shall provide by rule for instructors' license16155
requirements including moral character, physical condition,16156
knowledge of the courses of instruction, motor vehicle laws and16157
safety principles, previous personal and employment records, and16158
such other matters as the director may prescribe for the16159
protection of the public. Driver training instructors for16160
disabled persons shall meet such additional requirements and16161
receive such additional classroom and practical instruction as the16162
director shall prescribe by rule.16163

       (B)(1)No license shall be issued under this section to a16164
person if, within ten years of the date of application for the16165
license, the person has pleaded guilty to or been convicted of a16166
felony under the laws of this state or the comparable laws of16167
another jurisdiction.16168

       (2) No license shall be issued under this section to a16169
person if, within five years of the date of application for the16170
license, the person has pleaded guilty to or been convicted of a16171
misdemeanor of the first or second degree that is reasonably16172
related to the person's fitness to be issued such a license.16173

       (C) No person shall knowingly make a false statement on a16174
license application submitted under this section.16175

       (D)(1) Whoever violates division (A) of this section is16176
guilty of acting as a driver training instructor without a valid16177
license, a misdemeanor of the fourth degree.16178

       (2) Whoever violates division (C) of this section may be16179
charged with falsification under section 2921.13 of the Revised16180
Code.16181

       Sec. 4508.06. (A) The director of public safety may refuse to16182
issue, or may suspend or revoke, a license in any case wherein16183
which the director finds the applicant or licensee has violated16184
any of the provisions of this chapter, or any of the regulations16185
adopted by the director. ANo person whose license has been16186
suspended or revoked licenseunder this section shall be returned16187
fail to return the license to the director by the licensee.16188

       (B) Whoever violates division (A) of this section is guilty16189
of failing to return a suspended or revoked license, a minor16190
misdemeanor or, on a second or subsequent offense within two years16191
after the first offense, a misdemeanor of the fourth degree.16192

       Sec. 4508.091. (A) No person who operates a driver training16193
school shall use or cause to be used in the operation of the16194
driving school and upon any public property or private property16195
used for vehicular traffic any vehicle that does not meet the16196
minimum standards that are established by the director of public16197
safety and that are applicable to vehicles used in the operation16198
of a driving school.16199

       (B) Whoever violates this section is guilty of using an16200
unsafe vehicle at a driving school, a minor misdemeanor or, on a16201
second or subsequent offense within two years after the first16202
offense, a misdemeanor of the fourth degree.16203

       Sec. 4509.02.  As used in sections 4509.314509.291 to16204
4509.67, inclusive, of the Revised Code:16205

       (A) "Judgment" means any judgment which has become final by16206
expiration without appeal of the time within which an appeal might16207
have been perfected, or by final affirmation on appeal, rendered16208
by a court of competent jurisdiction of any state or of the United16209
States, upon a cause of action arising out of the ownership,16210
maintenance, or use of any motor vehicle for damages, including16211
damages for care and loss of services because of bodily injury to16212
or death of any person, or for damages because of injury to or16213
destruction of property, including the loss of use thereof, or16214
upon a cause of action on an agreement of settlement for such16215
damages.16216

       (B) "State" means any state, territory, or possession of the16217
United States, the District of Columbia, or any province of the16218
Dominion of Canada.16219

       Sec. 4509.101.  (A)(1) No person shall operate, or permit16220
the operation of, a motor vehicle in this state, unless proof of16221
financial responsibility is maintained continuously throughout the16222
registration period with respect to that vehicle, or, in the case16223
of a driver who is not the owner, with respect to that driver's16224
operation of that vehicle.16225

       (2) Whoever violates division (A)(1) of this section shall16226
be subject to the following civil penalties:16227

       (a) Suspension of the person's operating privilegesSubject16228
to divisions (A)(2)(b) and (c) of this section, a class E16229
suspension of the person's driver's license, commercial driver's16230
license, temporary instruction permit, probationary license, or16231
nonresident operating privilege for the period of time specified16232
in division (B)(5) of section 4510.02 of the Revised Code and16233
impoundment of the person's license until the person complies with16234
division (A)(5) of this section. The suspension shall be for a16235
period of not less than ninety days except that if,.The court may16236
grant limited driving privileges to the person only if the person16237
presents proof of financial responsibility and has complied with16238
division (A)(5) of this section.16239

       (b) If, within five years of the violation, the person's16240
operating privileges are again suspended and the person's license16241
again is impounded one or more times for a violation of division16242
(A)(1) of this section, a class C suspension of the person's16243
driver's license, commercial driver's license, temporary16244
instruction permit, probationary license, or nonresident operating16245
privilege for the period of time specified in division (B)(3) of16246
section 4510.02 of the Revised Code. The court may grant limited16247
driving privileges to the person only if the person presents proof16248
of financial responsibility and has complied with division (A)(5)16249
of this section, and no court may grant limited driving privileges16250
for the first fifteen days of the suspension shall be for a period16251
of not less than one year. Except as provided by section 4509.10516252
of the Revised Code, the suspension is not subject to revocation,16253
suspension, or occupational or other limited operating privileges.16254

       (b)(c)If, within five years of the violation, the person's16255
operating privileges are suspended and the person's license is16256
impounded two or more times for a violation of division (A)(1) of16257
this section, a class B suspension of the person's driver's16258
license, commercial driver's license, temporary instruction16259
permit, probationary license, or nonresident operating privilege16260
for the period of time specified in division (B)(2) of section16261
4510.02 of the Revised Code. No court may grant limited driving16262
privileges during the suspension.16263

       (d) In addition to the suspension of an owner's license16264
under division (A)(2)(a), (b),or(c) of this section, the16265
suspension of the rights of the owner to register the motor16266
vehicle and the impoundment of the owner's certificate of16267
registration and license plates until the owner complies with16268
division (A)(5) of this section.16269

       (3) A person to whom this state has issued a certificate of16270
registration for a motor vehicle or a license to operate a motor16271
vehicle or who is determined to have operated any motor vehicle or16272
permitted the operation in this state of a motor vehicle owned by16273
the person shall be required to verify the existence of proof of16274
financial responsibility covering the operation of the motor16275
vehicle or the person's operation of the motor vehicle under any16276
of the following circumstances:16277

       (a) The person or a motor vehicle owned by the person is16278
involved in a traffic accident that requires the filing of an16279
accident report under section 4509.06 of the Revised Code.16280

       (b) The person receives a traffic ticket indicating that16281
proof of the maintenance of financial responsibility was not16282
produced upon the request of a peace officer or state highway16283
patrol trooper made in accordance with division (D)(2) of this16284
section.16285

       (c) Whenever, in accordance with rules adopted by the16286
registrar, the person is randomly selected by the registrar and16287
requested to provide such verification.16288

       (4) An order of the registrar that suspends and impounds a16289
license or registration, or both, shall state the date on or16290
before which the person is required to surrender the person's16291
license or certificate of registration and license plates. The16292
person is deemed to have surrendered the license or certificate of16293
registration and license plates, in compliance with the order, if16294
the person does either of the following:16295

       (a) On or before the date specified in the order, personally16296
delivers the license or certificate of registration and license16297
plates, or causes the delivery of the items, to the registrar;16298

       (b) Mails the license or certificate of registration and16299
license plates to the registrar in an envelope or container16300
bearing a postmark showing a date no later than the date specified16301
in the order.16302

       (5) Except as provided in division (A)(6) of this section,16303
the registrar shall not restore any operating privileges or16304
registration rights suspended under this section, return any16305
license, certificate of registration, or license plates impounded16306
under this section, or reissue license plates under section16307
4503.232 of the Revised Code, if the registrar destroyed the16308
impounded license plates under that section, or reissue a license16309
under section 4507.544510.52 of the Revised Code, if the16310
registrar destroyed the suspended license under that section,16311
unless the rights are not subject to suspension or revocation16312
under any other law and unless the person, in addition to16313
complying with all other conditions required by law for16314
reinstatement of the operating privileges or registration rights,16315
complies with all of the following:16316

       (a) Pays a financial responsibility reinstatement fee of16317
seventy-five dollars for the first violation of division (A)(1) of16318
this section, two hundred fifty dollars for a second violation of16319
that division, and five hundred dollars for a third or subsequent16320
violation of that division;16321

       (b) If the person has not voluntarily surrendered the16322
license, certificate, or license plates in compliance with the16323
order, pays a financial responsibility nonvoluntary compliance fee16324
in an amount, not to exceed fifty dollars, determined by the16325
registrar;16326

       (c) Files and continuously maintains proof of financial16327
responsibility under sections 4509.44 to 4509.65 of the Revised16328
Code.16329

       (6) If the registrar issues an order under division (A)(2)16330
of this section resulting from the failure of a person to respond16331
to a financial responsibility random verification request under16332
division (A)(3)(c) of this section and the person successfully16333
maintains an affirmative defense to a violation of section 4507.0216334
4510.16 of the Revised Code or is determined by the registrar or a16335
deputy registrar to have been in compliance with division (A)(1)16336
of this section at the time of the initial financial16337
responsibility random verification request, the registrar shall do16338
both of the following:16339

       (a) Terminate the order of suspension or impoundment;16340

       (b) Restore the operating privileges and registration rights16341
of the person without payment of the fees established in divisions16342
(A)(5)(a) and (b) of this section and without a requirement to16343
file proof of financial responsibility.16344

       (B)(1) Every party required to file an accident report under16345
section 4509.06 of the Revised Code also shall include with the16346
report a document described in division (G)(1) of this section.16347

       If the registrar determines, within forty-five days after the16348
report is filed, that an operator or owner has violated division16349
(A)(1) of this section, the registrar shall do all of the16350
following:16351

       (a) Order the impoundment, with respect to the motor vehicle16352
involved, required under division (A)(2)(b)(d) of this section, of16353
the certificate of registration and license plates of any owner16354
who has violated division (A)(1) of this section;16355

       (b) Order the suspension required under division (A)(2)(a),16356
(b),or(c) of this section of the license of any operator or16357
owner who has violated division (A)(1) of this section;16358

       (c) Record the name and address of the person whose16359
certificate of registration and license plates have been impounded16360
or are under an order of impoundment, or whose license has been16361
suspended or is under an order of suspension; the serial number of16362
the person's license; the serial numbers of the person's16363
certificate of registration and license plates; and the person's16364
social security account number, if assigned, or, where the motor16365
vehicle is used for hire or principally in connection with any16366
established business, the person's federal taxpayer identification16367
number. The information shall be recorded in such a manner that16368
it becomes a part of the person's permanent record, and assists16369
the registrar in monitoring compliance with the orders of16370
suspension or impoundment.16371

       (d) Send written notification to every person to whom the16372
order pertains, at the person's last known address as shown on the16373
records of the bureau. The person, within ten days after the date16374
of the mailing of the notification, shall surrender to the16375
registrar, in a manner set forth in division (A)(4) of this16376
section, any certificate of registration and registration plates16377
under an order of impoundment, or any license under an order of16378
suspension.16379

       (2) The registrar shall issue any order under division16380
(B)(1) of this section without a hearing. Any person adversely16381
affected by the order, within ten days after the issuance of the16382
order, may request an administrative hearing before the registrar,16383
who shall provide the person with an opportunity for a hearing in16384
accordance with this paragraph. A request for a hearing does not16385
operate as a suspension of the order. The scope of the hearing16386
shall be limited to whether the person in fact demonstrated to the16387
registrar proof of financial responsibility in accordance with16388
this section. The registrar shall determine the date, time, and16389
place of any hearing, provided that the hearing shall be held, and16390
an order issued or findings made, within thirty days after the16391
registrar receives a request for a hearing. If requested by the16392
person in writing, the registrar may designate as the place of16393
hearing the county seat of the county in which the person resides16394
or a place within fifty miles of the person's residence. The16395
person shall pay the cost of the hearing before the registrar, if16396
the registrar's order of suspension or impoundment is upheld.16397

       (C) Any order of suspension or impoundment issued under this16398
section or division (B) of section 4509.37 of the Revised Code may16399
be terminated at any time if the registrar determines upon a16400
showing of proof of financial responsibility that the operator or16401
owner of the motor vehicle was in compliance with division (A)(1)16402
of this section at the time of the traffic offense, motor vehicle16403
inspection, or accident that resulted in the order against the16404
person. A determination may be made without a hearing. This16405
division does not apply unless the person shows good cause for the16406
person's failure to present satisfactory proof of financial16407
responsibility to the registrar prior to the issuance of the16408
order.16409

       (D)(1) For the purpose of enforcing this section, every16410
peace officer is deemed an agent of the registrar.16411

       (a) Except as provided in division (D)(1)(b) of this16412
section, any peace officer who, in the performance of the peace16413
officer's duties as authorized by law, becomes aware of a person16414
whose license is under an order of suspension, or whose16415
certificate of registration and license plates are under an order16416
of impoundment, pursuant to this section, may confiscate the16417
license, certificate of registration, and license plates, and16418
return them to the registrar.16419

       (b) Any peace officer who, in the performance of the peace16420
officer's duties as authorized by law, becomes aware of a person16421
whose license is under an order of suspension, or whose16422
certificate of registration and license plates are under an order16423
of impoundment resulting from failure to respond to a financial16424
responsibility random verification, shall not, for that reason,16425
arrest the owner or operator or seize the vehicle or license16426
plates. Instead, the peace officer shall issue a citation for a16427
violation of division (B)(1) of section 4507.024510.16 of the16428
Revised Code specifying the circumstances as failure to respond to16429
a financial responsibility random verification.16430

       (2) A peace officer shall request the owner or operator of a16431
motor vehicle to produce proof of financial responsibility in a16432
manner described in division (G) of this section at the time the16433
peace officer acts to enforce the traffic laws of this state and16434
during motor vehicle inspections conducted pursuant to section16435
4513.02 of the Revised Code.16436

       (3) A peace officer shall indicate on every traffic ticket16437
whether the person receiving the traffic ticket produced proof of16438
the maintenance of financial responsibility in response to the16439
officer's request under division (D)(2) of this section. The16440
peace officer shall inform every person who receives a traffic16441
ticket and who has failed to produce proof of the maintenance of16442
financial responsibility that the person must submit proof to the16443
traffic violations bureau with any payment of a fine and costs for16444
the ticketed violation or, if the person is to appear in court for16445
the violation, the person must submit proof to the court.16446

       (4)(a) If a person who has failed to produce proof of the16447
maintenance of financial responsibility appears in court for a16448
ticketed violation, the court may permit the defendant to present16449
evidence of proof of financial responsibility to the court at such16450
time and in such manner as the court determines to be necessary or16451
appropriate. The clerk of courts shall provide the registrar with16452
the identity of any person who fails to submit proof of the16453
maintenance of financial responsibility pursuant to division16454
(D)(3) of this section.16455

       (b) If a person who has failed to produce proof of the16456
maintenance of financial responsibility also fails to submit that16457
proof to the traffic violations bureau with payment of a fine and16458
costs for the ticketed violation, the traffic violations bureau16459
shall notify the registrar of the identity of that person.16460

       (5)(a) Upon receiving notice from a clerk of courts or16461
traffic violations bureau pursuant to division (D)(4) of this16462
section, the registrar shall order the suspension of the license16463
of the person required under division (A)(2)(a), (b),or(c) of16464
this section and the impoundment of the person's certificate of16465
registration and license plates required under division16466
(A)(2)(b)(d) of this section, effective thirty days after the date16467
of the mailing of notification. The registrar also shall notify16468
the person that the person must present the registrar with proof16469
of financial responsibility in accordance with this section,16470
surrender to the registrar the person's certificate of16471
registration, license plates, and license, or submit a statement16472
subject to section 2921.13 of the Revised Code that the person did16473
not operate or permit the operation of the motor vehicle at the16474
time of the offense. Notification shall be in writing and shall16475
be sent to the person at the person's last known address as shown16476
on the records of the bureau of motor vehicles. The person,16477
within fifteen days after the date of the mailing of notification,16478
shall present proof of financial responsibility, surrender the16479
certificate of registration, license plates, and license to the16480
registrar in a manner set forth in division (A)(4) of this16481
section, or submit the statement required under this section16482
together with other information the person considers appropriate.16483

       If the registrar does not receive proof or the person does16484
not surrender the certificate of registration, license plates, and16485
license, in accordance with this division, the registrar shall16486
permit the order for the suspension of the license of the person16487
and the impoundment of the person's certificate of registration16488
and license plates to take effect.16489

       (b) In the case of a person who presents, within the16490
fifteen-day period, documents to show proof of financial16491
responsibility, the registrar shall terminate the order of16492
suspension and the impoundment of the registration and license16493
plates required under division (A)(2)(b)(d) of this section and16494
shall send written notification to the person, at the person's16495
last known address as shown on the records of the bureau.16496

       (c) Any person adversely affected by the order of the16497
registrar under division (D)(5)(a) or (b) of this section, within16498
ten days after the issuance of the order, may request an16499
administrative hearing before the registrar, who shall provide the16500
person with an opportunity for a hearing in accordance with this16501
paragraph. A request for a hearing does not operate as a16502
suspension of the order. The scope of the hearing shall be16503
limited to whether the person in fact demonstrated to the16504
registrar proof of financial responsibility in accordance with16505
this section. The registrar shall determine the date, time, and16506
place of any hearing; provided, that the hearing shall be held,16507
and an order issued or findings made, within thirty days after the16508
registrar receives a request for a hearing. If requested by the16509
person in writing, the registrar may designate as the place of16510
hearing the county seat of the county in which the person resides16511
or a place within fifty miles of the person's residence. Such16512
person shall pay the cost of the hearing before the registrar, if16513
the registrar's order of suspension or impoundment under division16514
(D)(5)(a) or (b) of this section is upheld.16515

       (6) A peace officer may charge an owner or operator of a16516
motor vehicle with a violation of division (B)(1) of section16517
4507.024510.16 of the Revised Code when the owner or operator16518
fails to show proof of the maintenance of financial responsibility16519
pursuant to a peace officer's request under division (D)(2) of16520
this section, if a check of the owner or operator's driving record16521
indicates that the owner or operator, at the time of the operation16522
of the motor vehicle, is required to file and maintain proof of16523
financial responsibility under section 4509.45 of the Revised Code16524
for a previous violation of this chapter.16525

       (7) Any forms used by law enforcement agencies in16526
administering this section shall be prescribed, supplied, and paid16527
for by the registrar.16528

       (8) No peace officer, law enforcement agency employing a16529
peace officer, or political subdivision or governmental agency16530
that employs a peace officer shall be liable in a civil action for16531
damages or loss to persons arising out of the performance of any16532
duty required or authorized by this section.16533

       (9) As used in this division and divisions (E) and (G) of16534
this section, "peace officer" has the meaning set forth in section16535
2935.01 of the Revised Code.16536

       (E) All fees, except court costs, collected under this16537
section shall be paid into the state treasury to the credit of the16538
financial responsibility compliance fund. The financial16539
responsibility compliance fund shall be used exclusively to cover16540
costs incurred by the bureau in the administration of this section16541
and sections 4503.20, 4507.212, and 4509.81 of the Revised Code,16542
and by any law enforcement agency employing any peace officer who16543
returns any license, certificate of registration, and license16544
plates to the registrar pursuant to division (C) of this section,16545
except that the director of budget and management may transfer16546
excess money from the financial responsibility compliance fund to16547
the state bureau of motor vehicles fund if the registrar16548
determines that the amount of money in the financial16549
responsibility compliance fund exceeds the amount required to16550
cover such costs incurred by the bureau or a law enforcement16551
agency and requests the director to make the transfer.16552

       All investment earnings of the financial responsibility16553
compliance fund shall be credited to the fund.16554

       (F) Chapter 119. of the Revised Code applies to this section16555
only to the extent that any provision in that chapter is not16556
clearly inconsistent with this section.16557

       (G)(1) The registrar, court, traffic violations bureau, or16558
peace officer may require proof of financial responsibility to be16559
demonstrated by use of a standard form prescribed by the16560
registrar. If the use of a standard form is not required, a16561
person may demonstrate proof of financial responsibility under16562
this section by presenting to the traffic violations bureau,16563
court, registrar, or peace officer any of the following documents16564
or a copy of the documents:16565

       (a) A financial responsibility identification card as16566
provided in section 4509.104 of the Revised Code;16567

       (b) A certificate of proof of financial responsibility on a16568
form provided and approved by the registrar for the filing of an16569
accident report required to be filed under section 4509.06 of the16570
Revised Code;16571

       (c) A policy of liability insurance, a declaration page of a16572
policy of liability insurance, or liability bond, if the policy or16573
bond complies with section 4509.20 or sections 4509.49 to 4509.6116574
of the Revised Code;16575

       (d) A bond or certification of the issuance of a bond as16576
provided in section 4509.59 of the Revised Code;16577

       (e) A certificate of deposit of money or securities as16578
provided in section 4509.62 of the Revised Code;16579

       (f) A certificate of self-insurance as provided in section16580
4509.72 of the Revised Code.16581

       (2) If a person fails to demonstrate proof of financial16582
responsibility in a manner described in division (G)(1) of this16583
section, the person may demonstrate proof of financial16584
responsibility under this section by any other method that the16585
court or the bureau, by reason of circumstances in a particular16586
case, may consider appropriate.16587

       (3) A motor carrier certificated by the interstate commerce16588
commission or by the public utilities commission may demonstrate16589
proof of financial responsibility by providing a statement16590
designating the motor carrier's operating authority and averring16591
that the insurance coverage required by the certificating16592
authority is in full force and effect.16593

       (4)(a) A finding by the registrar or court that a person is16594
covered by proof of financial responsibility in the form of an16595
insurance policy or surety bond is not binding upon the named16596
insurer or surety or any of its officers, employees, agents, or16597
representatives and has no legal effect except for the purpose of16598
administering this section.16599

       (b) The preparation and delivery of a financial16600
responsibility identification card or any other document16601
authorized to be used as proof of financial responsibility under16602
this division does not do any of the following:16603

       (i) Create any liability or estoppel against an insurer or16604
surety, or any of its officers, employees, agents, or16605
representatives;16606

       (ii) Constitute an admission of the existence of, or of any16607
liability or coverage under, any policy or bond;16608

       (iii) Waive any defenses or counterclaims available to an16609
insurer, surety, agent, employee, or representative in an action16610
commenced by an insured or third-party claimant upon a cause of16611
action alleged to have arisen under an insurance policy or surety16612
bond or by reason of the preparation and delivery of a document16613
for use as proof of financial responsibility.16614

       (c) Whenever it is determined by a final judgment in a16615
judicial proceeding that an insurer or surety, which has been16616
named on a document accepted by a court or the registrar as proof16617
of financial responsibility covering the operation of a motor16618
vehicle at the time of an accident or offense, is not liable to16619
pay a judgment for injuries or damages resulting from such16620
operation, the registrar, notwithstanding any previous contrary16621
finding, shall forthwith suspend the operating privileges and16622
registration rights of the person against whom the judgment was16623
rendered as provided in division (A)(2) of this section.16624

       (H) In order for any document described in division16625
(G)(1)(b) of this section to be used for the demonstration of16626
proof of financial responsibility under this section, the document16627
shall state the name of the insured or obligor, the name of the16628
insurer or surety company, and the effective and expiration dates16629
of the financial responsibility, and designate by explicit16630
description or by appropriate reference all motor vehicles covered16631
which may include a reference to fleet insurance coverage.16632

       (I) For purposes of this section, "owner" does not include a16633
licensed motor vehicle leasing dealer as defined in section16634
4517.01 of the Revised Code, but does include a motor vehicle16635
renting dealer as defined in section 4549.65 of the Revised Code. 16636
Nothing in this section or in section 4509.51 of the Revised Code16637
shall be construed to prohibit a motor vehicle renting dealer from16638
entering into a contractual agreement with a person whereby the16639
person renting the motor vehicle agrees to be solely responsible16640
for maintaining proof of financial responsibility, in accordance16641
with this section, with respect to the operation, maintenance, or16642
use of the motor vehicle during the period of the motor vehicle's16643
rental.16644

       (J) The purpose of this section is to require the16645
maintenance of proof of financial responsibility with respect to16646
the operation of motor vehicles on the highways of this state, so16647
as to minimize those situations in which persons are not16648
compensated for injuries and damages sustained in motor vehicle16649
accidents. The general assembly finds that this section contains16650
reasonable civil penalties and procedures for achieving this16651
purpose.16652

       (K) Nothing in this section shall be construed to be subject16653
to section 4509.78 of the Revised Code.16654

       (L) The registrar shall adopt rules in accordance with16655
Chapter 119. of the Revised Code that are necessary to administer16656
and enforce this section. The rules shall include procedures for16657
the surrender of license plates upon failure to maintain proof of16658
financial responsibility and provisions relating to reinstatement16659
of registration rights, acceptable forms of proof of financial16660
responsibility, and verification of the existence of financial16661
responsibility during the period of registration.16662

       Sec. 4509.17.  Except as provided in sections 4509.01 to16663
4509.78 of the Revised Code, upon failure of any person to request16664
a hearing as provided for in section 4509.13 of the Revised Code,16665
or to deposit the security required under section 4509.12 of the16666
Revised Code within thirty days after the registrar of motor16667
vehicles has sent the notice provided for in section 4509.13 of16668
the Revised Code, the registrar shall suspend the license of such16669
impose a class F suspension of the person's driver's license,16670
commercial driver's license, temporary instruction permit,16671
probationary license, or nonresident operating privilege for the16672
period of time specified in division (B)(6) of section 4510.02 of16673
the Revised Code on the person and the registrations of all motor16674
vehicles owned by suchthe person. If the person is a16675
nonresident, the suspension shall include the privilege of16676
operating any motor vehicle within this state or permitting the16677
operation within this state of any motor vehicle owned by the16678
nonresident.16679

       Sec. 4509.24.  (A) The persons involved in or affected by a16680
motor vehicle accident may at any time enter into a written16681
agreement for the payment of an agreed amount with respect to all16682
claims for bodily injury to or death of any person or property16683
damage arising from the accident which may provide for payment in16684
installments. A signed copy of the agreement may be filed with16685
the registrar of motor vehicles.16686

       (B) The registrar, upon filing of any such written16687
agreement, shall not require the deposit of security by any party16688
to the agreement for the benefit or protection of any party to the16689
agreement. The registrar shall modify appropriately any prior16690
order of suspension with reference to such persons, or if security16691
has been deposited, the registrar immediately shall return to the16692
depositor or the depositor's personal representative any deposit16693
for the benefit or protection of any party to the agreement.16694

       (C) If the registrar receives satisfactory evidence that any16695
person obliged to make payment under any such agreement has16696
defaulted in payment, the registrar shall issue an order ofimpose16697
a class F suspension with respect to thatof the offender's16698
driver's license, commercial driver's license, temporary16699
instruction permit, probationary license, or nonresident operating16700
privilege for the period of time specified in division (B)(6) of16701
section 4510.02 of the Revised Code on the person as provided in16702
section 4509.17 of the Revised Code. Such an order of suspension16703
remains in effect until any of the following occurs:16704

       (1) Security is deposited by the person to whom the16705
suspension applies in such amount as the registrar may then16706
determine;16707

       (2) The registrar receives satisfactory evidence that the16708
entire obligation has been paid or released;16709

       (3) A period of two years has elapsed following the breach16710
of agreement and satisfactory evidence is filed with the registrar16711
that no action has been instituted on the agreement during that16712
period.16713

       Sec. 4509.291.  (A) When a nonresident's operating privilege16714
is suspended pursuant to section 4509.101, 4509.17, or 4509.24 of16715
the Revised Code for a violation of any provision of sections16716
4509.01 to 4509.78, inclusive, of the Revised Code, the registrar16717
of motor vehicles shall transmit a certified copy of the record of16718
such action to the official in charge of the issuance of licenses16719
and registration certificates in the state in which such16720
nonresident resides, if the law of such other state provides for16721
action in relation thereto similar to the provision set forth in16722
division (B) of this section.16723

       (B) Upon receipt of a certification that the operating16724
privilege of a resident of this state has been suspended or16725
revoked in any other state pursuant to a law providing for its16726
suspension or revocation for failure to deposit security for the16727
payment of judgments arising out of a motor vehicle accident or16728
failure to give proof of financial responsibility, under16729
circumstances which would require the registrar to suspend a16730
nonresident's operating privilege had the accident occurred in16731
this state, the registrar shall suspend the licenseimpose a class16732
F suspension of the person's driver's license, commercial driver's16733
license, temporary instruction permit, probationary license, or16734
nonresident operating privilege for the period of time specified16735
in division (B)(6) of section 4510.02 of the Revised Code on the16736
person and all registrations of such resident. Such suspension16737
shall continue until such resident furnishes evidence of histhe16738
person's compliance with the law of such other state relating to16739
the deposit of such security or to the giving of proof of16740
financial responsibility.16741

       Sec. 4509.33.  If a nonresident by final order or judgment of16742
a court of record or mayor's court is convicted of, or forfeits16743
bail or collateral deposited to secure an appearance for trial16744
for, any offense enumerated in section 4507.16 of the Revised Code16745
for which the suspension of a license is provided, the registrar16746
of motor vehicles shall suspend or revokeimpose a suspension of16747
the privilege of the nonresident to operate a motor vehicle for16748
the same period for which suspension or revocation of a license by16749
a court of record is authorized by the applicable section 4507.1616750
of the Revised Code. The suspension or revocation shall remain in16751
effect until the expiration of the period so ordered and16752
thereafter until the nonresident gives and thereafter maintains16753
proof of financial responsibility in accordance with section16754
4509.45 of the Revised Code.16755

       The registrar shall also suspend the privilege of the use in16756
this state of every motor vehicle owned by the nonresident, except16757
that the registrar shall not suspend the privilege if the owner16758
has given or immediately gives and thereafter maintains proof of16759
financial responsibility with respect to all motor vehicles owned16760
by the nonresident. The registrar shall restore such privilege of16761
a nonresident owner when the owner gives and thereafter maintains16762
proof of financial responsibility in accordance with section16763
4509.45 of the Revised Code.16764

       Sec. 4509.34.  (A) The suspension or revocation of a license16765
referred to in sectionssection 4509.291 and 4509.31 of the16766
Revised Code shall remain in effect and the registrar of motor16767
vehicles shall not issue to any person whose license is so16768
suspended or revoked any new or renewal license until permitted16769
under the motor vehicle laws, and not then until such person gives16770
and thereafter maintains proof of financial responsibility in16771
accordance with section 4509.45 of the Revised Code.16772

       (B) The suspension of registration referred to in such16773
sections shall remain in effect and the registrar shall not16774
register or reregister in the name of any person whose16775
registration is so suspended as owner of any motor vehicle, nor16776
return or re-issue license plates for such vehicle, until such16777
person gives and thereafter maintains proof of financial16778
responsibility in accordance with section 4509.45 of the Revised16779
Code.16780

       Sec. 4509.35.  Whenever any person fails within thirty days16781
to satisfy a judgment rendered within this state, upon the written16782
request of the judgment creditor or histhe judgment creditor's16783
attorney, the clerk of the court which rendered the judgment, or16784
the judge of the court or mayor of the mayor's court if the court16785
has no clerk, immediately shall forward a certified copy of the16786
judgment to the registrar of motor vehicles.16787

       Whenever any nonresident has been convicted of the offenses16788
enumerated in section 4507.16an offense for which the court is16789
required to impose a license suspension under any provision of the16790
Revised Code or has forfeited bail given to secure histhe16791
nonresident's appearance for trial upon a charge of any offense16792
enumerated in that sectionfor which the court is required to16793
impose a license suspension under any provision of the Revised16794
Code, the clerk of every court of record and the mayor of every16795
mayor's court immediately shall forward to the registrar a16796
certified copy or transcript of the conviction or order forfeiture16797
of bail.16798

       Sec. 4509.37.  (A) The registrar of motor vehicles upon16799
receipt of a certified copy of a judgment, shall forthwith suspend16800
impose a class F suspension for the period of time specified in16801
division (B)(6) of section 4510.02 of the Revised Code of the16802
license and registration and any nonresident's operating privilege16803
of any person against whom such judgment was rendered, except as16804
provided in sections 4509.01 to 4509.78 of the Revised Code.16805

       Such certified copy of a judgment shall include the last16806
known address, the social security number, if known, and the16807
operator's license number, of the judgment debtor.16808

       (B) The registrar shall also impose the civil penalties16809
specified in division (A)(2) of section 4509.101 of the Revised16810
Code unless either of the following applies:16811

       (1) The judgment debtor presents proof of financial16812
responsibility to the registrar proving that the judgment debtor16813
was covered, at the time of the motor vehicle accident out of16814
which the cause of action arose, by proof of financial16815
responsibility in compliance with section 4509.101 of the Revised16816
Code.16817

       (2) The judgment debtor proves to the registrar that the16818
judgment debtor's registration and license have been previously16819
suspended under section 4509.101 of the Revised Code by reason of16820
the judgment debtor's failure to prove that the judgment debtor16821
was covered, at the time of the motor vehicle accident out of16822
which the cause of action arose, by proof of financial16823
responsibility.16824

       Sec. 4509.40. Any license, registration, and nonresident's16825
operating privilege suspendedThe registrar of motor vehicles16826
shall impose a class F suspension of the person's driver's16827
license, commercial driver's license, temporary instruction16828
permit, probationary license, or nonresident operating privilege16829
for the period of time specified in division (B)(6) of section16830
4510.02 of the Revised Code for nonpayment of a judgment shall16831
remain so suspended for a period of seven years from the effective16832
date of suspension, and while such order is in force no license,16833
registration, or permit to operate a motor vehicle shall be issued16834
in the name of such person, including any such person not16835
previously licensed. The registrar shall vacate the order of16836
suspension upon proof that such judgment is stayed, or satisfied16837
in full or to the extent provided in section 4509.41 of the16838
Revised Code, subject to the exemptions stated in sections16839
4509.37, 4509.38, 4509.39, and 4509.42 of the Revised Code, and16840
upon such person's filing with the registrar of motor vehicles16841
evidence of financial responsibility in accordance with section16842
4509.45 of the Revised Code.16843

       Sec. 4509.42.  (A) A judgment debtor upon due notice to the16844
judgment creditor may apply to the court in which the judgment was16845
rendered for the privilege of paying the judgment in installments16846
and the court, in its discretion and without prejudice to any16847
other legal remedies which the judgment creditor has, may order16848
and fix the amounts and times of payment of the installments.16849

       (B) The registrar of motor vehicles shall not suspend for16850
nonpayment of a judgment, a license, registration, or16851
nonresident's operating privilege, and shall restore the license,16852
registration, or nonresident's operating privilege suspended for16853
nonpayment, when the judgment debtor gives proof of financial16854
responsibility and maintains it in accordance with section 4509.4516855
of the Revised Code, and obtains an order permitting the payment16856
of the judgment in installments, and while the payment of any16857
installment is not in default.16858

       (C) If the judgment debtor fails to pay any installment as16859
specified by such order, then upon notice of default the registrar16860
shall forthwith suspendimpose a class F suspension of the16861
license, registration, or nonresident's operating privilege of the16862
judgment debtor until such judgment is satisfied as specified in16863
division (B)(6) of section 4510.02 of the Revised Code.16864

       Sec. 4509.45. (A) Proof of financial responsibility when16865
required under section 4507.022, 4509.101, 4509.32, 4509.33,16866
4509.34, 4509.38, 4509.40, 4509.42, or 4509.44,or4510.038 of the16867
Revised Code may be given by filing any of the following:16868

       (A)(1) A financial responsibility identification card as16869
provided in section 4509.104 of the Revised Code;16870

       (B)(2) A certificate of insurance as provided in section16871
4509.46 or 4509.47 of the Revised Code;16872

       (C)(3) A bond as provided in section 4509.59 of the Revised16873
Code;16874

       (D)(4) A certificate of deposit of money or securities as16875
provided in section 4509.62 of the Revised Code;16876

       (E)(5) A certificate of self-insurance, as provided in16877
section 4509.72 of the Revised Code, supplemented by an agreement16878
by the self-insurer that, with respect to accidents occurring16879
while the certificate is in force, hethe self-insurer will pay16880
the same amounts that an insurer would have been obligated to pay16881
under an owner's motor vehicle liability policy if it had issued16882
such a policy to the self-insurer.16883

       Such proof(B)Proof under division (A) of this section shall16884
be filed and maintained for five years from the date of the16885
registrar's imposition of a class A, B, or C suspension of16886
operating privileges by the registrar of motor vehiclesand shall16887
be filed and maintained for three years from the date of the16888
registrar's imposition of a class D, E, or F suspension of16889
operating privileges.16890

       Sec. 4509.74. (A) No person shall fail to report a motor16891
vehicle accident as required under the laws of this state.16892

       (B)Whoever violates this section is guilty of a minor16893
misdemeanor.16894

       Sec. 4509.77. (A) No person shall willfully fail to return16895
a license or registration as required in section 4509.69 of the16896
Revised Code.16897

       (B)Whoever violates this section shall be fined not more16898
than five hundred dollars, imprisoned for not more than thirty16899
days, or both.16900

       Sec. 4509.78. (A) No person shall violate section 4509.0116901
to 4509.78, inclusive, of the Revised Code for which no penalty is16902
otherwise provided.16903

       (B)Whoever violates this section shall be fined not more16904
than five hundred dollars, imprisoned not more than ninety days,16905
or both.16906

       Sec. 4509.79.  (A) As used in this section, "ridesharing16907
arrangement" means the transportation of persons in a motor16908
vehicle where such transportation is incidental to another purpose16909
of a volunteer driver and includes ridesharing arrangements known16910
as carpools, vanpools, and buspools.16911

       (B) Every owner registering as a passenger car a motor16912
vehicle designed and used for carrying more than nine but not more16913
than fifteen passengers or registering a bus under division (H)(8)16914
of section 4503.04 of the Revised Code shall have in effect,16915
whenever the motor vehicle is used in a ridesharing arrangement, a16916
policy of liability insurance with respect to the motor vehicle in16917
amounts and coverage no less than:16918

       (1) One hundred thousand dollars because of bodily injury to16919
or death of one person in any one accident;16920

       (2) Three hundred thousand dollars because of bodily injury16921
to or death of two or more persons in any one accident;16922

       (3) Fifty thousand dollars because of injury to property of16923
others in any one accident.16924

       (C)Whoever violates this section shall be fined not more16925
than five thousand dollars.16926

       Sec. 4509.80.  (A) Every owner registering a chauffeured16927
limousine shall furnish and maintain proof of financial16928
responsibility with respect to the limousine by filing with the16929
registrar of motor vehicles any of the following:16930

       (1) A certificate of insurance as provided in section16931
4509.46 or 4509.47 of the Revised Code;16932

       (2) A policy of liability insurance, a declaration page of a16933
policy of liability insurance, or liability bond, if the policy or16934
bond provides coverage in accordance with division (B) of this16935
section and otherwise complies with sections 4509.49 to 4509.61 of16936
the Revised Code, and if the policy or bond provides that such16937
policy or bond shall not be canceled or terminated prior to not16938
less than ten days after a written notice of cancellation or16939
termination is filed with the registrar;16940

       (3) A bond or certification of the issuance of a bond if the16941
bond provides coverage in the amount of three hundred thousand16942
dollars and otherwise complies with section 4509.59 of the Revised16943
Code;16944

       (4) A certificate of deposit of money or securities if the16945
certificate of deposit provides coverage in the amount of three16946
hundred thousand dollars and otherwise complies with section16947
4509.62 of the Revised Code;16948

       (5) A certificate of self-insurance as provided in section16949
4509.72 of the Revised Code.16950

       (B) As used in this section and section 4509.81 of the16951
Revised Code, "proof of financial responsibility" means proof of16952
ability to respond in damages for liability, on account of16953
accidents occurring subsequent to the effective date of such16954
proof, arising out of the ownership, maintenance, or use of a16955
chauffeured limousine in the amount of one hundred thousand16956
dollars because of bodily injury to or death of one person in any16957
one accident, three hundred thousand dollars because of bodily16958
injury to or death of two or more persons in any one accident, and16959
fifty thousand dollars because of injury to property of others in16960
any one accident.16961

       (C) Upon the request of a law enforcement officer, the16962
operator of any chauffeured limousine shall produce proof of16963
compliance with this section. The law enforcement officer16964
requesting such proof shall notify the registrar of any violation16965
of this section. The notice to the registrar shall be on a form16966
prescribed by the registrar and supplied by the registrar at the16967
registrar's expense, and shall include the license plate number of16968
the chauffeured limousine and any other information the registrar16969
requires.16970

       (D) The owner, or histhe owner's designee, shall provide16971
written notice to the registrar of cancellation or termination of16972
the coverage required by this section not less than ten days prior16973
to the effective date of cancellation, and, on or before the16974
effective date of cancellation, shall voluntarily surrender the16975
livery license plate sticker for the vehicle or vehicles for which16976
the cancellation is effective. If the livery license plate16977
sticker is timely and voluntarily surrendered, the registrar16978
shall, upon the filing of proof of financial responsibility as16979
required by this section, reinstate the livery registration of the16980
vehicle and issue a current livery license plate sticker for the16981
vehicle.16982

       (E)Whoever violates this section is guilty of a misdemeanor16983
of the first degree.16984

       Sec. 4509.81.  (A) Upon receipt of a notification of16985
violation as provided in division (C) of section 4509.80 of the16986
Revised Code; upon failure of a timely surrender of the livery16987
license plate sticker as required by division (D) of section16988
4509.80 of the Revised Code; or if the registrar of motor16989
vehicles, upon receipt of notification from an insurer of the16990
imminent cancellation or termination of coverage required by16991
section 4509.80 of the Revised Code, fails to receive evidence of16992
a continuation or substitution of coverage prior to the16993
cancellation or termination date, the registrar shall order the16994
immediate suspension of the rights of the owner of the chauffeured16995
limousine described in the notice to register the limousine and16996
the impoundment of the certificate of registration and16997
registration plates for the limousine. The registrar shall notify16998
the owner that the owner must surrender the certificate of16999
registration and registration plates to the registrar. The17000
notification shall be in writing and sent to the owner at the17001
owner's last known address as shown in the records of the bureau17002
of motor vehicles. Proceedings under this section are deemed17003
special, summary statutory proceedings.17004

       (B) The order of suspension and impoundment of a17005
registration shall state the date on or before which the owner of17006
the chauffeured limousine involved is required to surrender the17007
certificate of registration and registration plates to the17008
registrar. The owner shall be deemed to have surrendered the17009
certificate of registration and registration plates if the owner17010
causes the items to be delivered to the registrar on or before the17011
date specified in the order or mails the items to the registrar in17012
an envelope or container bearing a postmark showing a date no17013
later than the date specified in the order.17014

       (C) The registrar shall not restore any registration rights17015
suspended under this section, return any certificate of17016
registration or registration plates impounded under this section,17017
or reissue registration plates under section 4503.232 of the17018
Revised Code, if the registrar destroyed the impounded17019
registration plates under that section, unless those rights are17020
not subject to suspension or revocation under any other law and17021
unless the owner complies with both of the following:17022

       (1) Pays a financial responsibility reinstatement fee of17023
thirty dollars. The reinstatement fee may be increased, upon17024
approval of the controlling board, up to an amount not exceeding17025
fifty dollars.17026

       (2) Files and maintains proof of financial responsibility17027
under section 4509.80 of the Revised Code.17028

       (D) Any owner adversely affected by the order of the17029
registrar under this section may, within ten days after the17030
issuance of the order, request an administrative hearing before17031
the registrar, who shall provide the owner with an opportunity for17032
a hearing in accordance with this division. A request for a17033
hearing does not operate as a suspension of the order unless the17034
owner establishes to the satisfaction of the registrar that the17035
operation of the owner's chauffeured limousine will be covered by17036
proof of financial responsibility during the pendency of the17037
appeal. The scope of the hearing shall be limited to whether the17038
owner in fact demonstrated to the registrar proof of financial17039
responsibility in accordance with section 4509.80 of the Revised17040
Code. The registrar shall determine the date, time, and place of17041
any hearing, provided that the hearing shall be held and an order17042
issued or findings made within thirty days after the registrar17043
receives a request for a hearing. If requested by the owner in17044
writing, the registrar may designate as the place of hearing the17045
county seat of the county in which the owner resides or a place17046
within fifty miles of the owner's residence. The owner shall pay17047
the cost of the hearing before the registrar, if the registrar's17048
order of suspension or impoundment is upheld.17049

       (E) Any order of suspension or impoundment issued under this17050
section may be terminated at any time if the registrar determines17051
upon a showing of proof of financial responsibility that the owner17052
of the limousine was in compliance with section 4509.80 of the17053
Revised Code at the time of the incident that resulted in the17054
order against the owner. Such a determination may be made without17055
a hearing.17056

       (F) All fees collected under this section shall be paid into17057
the state treasury to the credit of the financial responsibility17058
compliance fund created by section 4509.101 of the Revised Code.17059

       (G) Chapter 119. of the Revised Code applies to this section17060
only to the extent that any provision in that chapter is not17061
clearly inconsistent with this section.17062

       (H)(1) Proof of financial responsibility may be demonstrated17063
by any of the methods authorized in section 4509.80 of the Revised17064
Code.17065

       (2) Divisions (G)(4)(a) and (b) of section 4509.101 of the17066
Revised Code apply to any finding by the registrar under this17067
section that an owner is covered by proof of financial17068
responsibility.17069

       Sec. 4510.01.  As used in this title and in Title XXIX of17070
the Revised Code:17071

       (A) "Cancel" or "cancellation" means the annulment or17072
termination by the bureau of motor vehicles of a driver's license,17073
commercial driver's license, temporary instruction permit,17074
probationary license, or nonresident operating privilege because17075
it was obtained unlawfully, issued in error, altered, or willfully17076
destroyed, or because the holder no longer is entitled to the17077
license, permit, or privilege.17078

       (B) "Drug abuse offense" has the same meaning as in section17079
2925.01 of the Revised Code.17080

       (C) "Ignition interlock device" means a device approved by17081
the director of public safety that connects a breath analyzer to a17082
motor vehicle's ignition system, that is constantly available to17083
monitor the concentration by weight of alcohol in the breath of17084
any person attempting to start that motor vehicle by using its17085
ignition system, and that deters starting the motor vehicle by use17086
of its ignition system unless the person attempting to start the17087
vehicle provides an appropriate breath sample for the device and17088
the device determines that the concentration by weight of alcohol17089
in the person's breath is below a preset level.17090

       (D) "Immobilizing or disabling device" means a device17091
approved by the director of public safety that may be ordered by a17092
court to be used by an offender as a condition of limited driving17093
privileges. "Immobilizing or disabling device" includes an17094
ignition interlock device, and any prototype device that is used17095
according to protocols designed to ensure efficient and effective17096
monitoring of limited driving privileges granted by a court to an17097
offender.17098

       (E) "Moving violation" means any violation of any statute or17099
ordinance that regulates the operation of vehicles, streetcars, or17100
trackless trolleys on the highways or streets. "Moving violation"17101
does not include a violation of section 4513.263 of the Revised17102
Code or a substantially equivalent municipal ordinance, a17103
violation of any statute or ordinance regulating pedestrians or17104
the parking of vehicles, vehicle size or load limitations, vehicle17105
fitness requirements, or vehicle registration.17106

       (F) "Municipal OVI ordinance" and "municipal OVI offense"17107
have the same meanings as in section 4511.181 of the Revised Code.17108

       (G) "Prototype device" means any testing device to monitor17109
limited driving privileges that has not yet been approved or17110
disapproved by the director of public safety.17111

       (H) "Suspend" or "suspension" means the permanent or17112
temporary withdrawal, by action of a court or the bureau of motor17113
vehicles, of a driver's license, commercial driver's license,17114
temporary instruction permit, probationary license, or nonresident17115
operating privilege for the period of the suspension or the17116
permanent or temporary withdrawal of the privilege to obtain a17117
license, permit, or privilege of that type for the period of the17118
suspension.17119

       Sec. 4510.02.  (A) When a court elects or is required to17120
suspend the driver's license, commercial driver's license,17121
temporary instruction permit, probationary license, or nonresident17122
operating privilege of any offender from a specified suspension17123
class, for each of the following suspension classes, the court17124
shall impose a definite period of suspension from the range17125
specified for the suspension class:17126

       (1) For a class one suspension, a definite period for the17127
life of the person subject to the suspension;17128

       (2) For a class two suspension, a definite period of three17129
years to life;17130

       (3) For a class three suspension, a definite period of two17131
to ten years;17132

       (4) For a class four suspension, a definite period of one to17133
five years;17134

       (5) For a class five suspension, a definite period of six17135
months to three years;17136

       (6) For a class six suspension, a definite period of three17137
months to two years;17138

       (7) For a class seven suspension, a definite period not to17139
exceed one year.17140

       (B) When the bureau of motor vehicles elects or is required17141
to suspend the driver's license, commercial driver's license,17142
temporary instruction permit, probationary license, or nonresident17143
operating privilege of any person from a specified suspension17144
class, for each of the following suspension classes, the period of17145
suspension shall be as follows:17146

       (1) For a class A suspension, three years;17147

       (2) For a class B suspension, two years;17148

       (3) For a class C suspension, one year;17149

       (4) For a class D suspension, six months;17150

       (5) For a class E suspension, three months;17151

       (6) For a class F suspension, until conditions are met.17152

       (C) The court may require a person to successfully complete17153
a remedial driving course as a condition for the return of full17154
driving privileges after a suspension period imposed from any17155
range in division (A) of this section or otherwise imposed by the17156
court pursuant to any other provision of law ends.17157

       (D) When a court or the bureau suspends the driver's17158
license, commercial driver's license, temporary instruction17159
permit, probationary license, or nonresident operating privilege17160
of any offender or person pursuant to any provision of law that17161
does not provide for the suspension to be from a class set forth17162
in division (A) or (B) of this section, except as otherwise17163
provided in the provision that authorizes or requires the17164
suspension, the suspension shall be subject to and governed by17165
this chapter.17166

       Sec. 4510.021.  (A)(1) Unless expressly prohibited by17167
section 2919.22, section 4510.13, or any other section of the17168
Revised Code, a court may grant limited driving privileges for any17169
purpose described in division (A)(1)(a), (b), or (c) of this 17170
section during any suspension imposed by the court. In granting 17171
the privileges, the court shall specify the purposes, times, and 17172
places of the privileges and may impose any other reasonable 17173
conditions on the person's driving of a motor vehicle. The 17174
privileges shall be for any of the following limited purposes:17175

       (a) Occupational, educational, vocational, or medical17176
purposes;17177

       (b) Taking the driver's or commercial driver's license17178
examination;17179

       (c) Attending court-ordered treatment.17180

       (B) Unless expressly authorized by a section of the Revised17181
Code, a court may not grant limited driving privileges during any17182
suspension imposed by the bureau of motor vehicles. To obtain17183
limited driving privileges during a suspension imposed by the17184
bureau, a petition may be filed in a court of record in the county17185
in which the person under suspension resides. A person who is not17186
a resident of this state shall file any petition for privileges in17187
the Franklin county municipal court, or, if the person is a minor,17188
in the Franklin county juvenile court. If a court grants limited17189
driving privileges as described in this division, the privileges17190
shall be for any of the limited purposes identified in division17191
(A) of this section.17192

       (C) When the use of an immobilizing or disabling device is17193
not otherwise required by law, the court, as a condition of17194
granting limited driving privileges, may require that the person's17195
vehicle be equipped with an immobilizing or disabling device,17196
except as provided in division (C) of section 4510.43 of the17197
Revised Code. When the use of restricted license plates issued17198
under section 4503.231 of the Revised Code is not otherwise17199
required by law, the court, as a condition of granting limited17200
driving privileges, may require that the person's vehicle be17201
equipped with restricted licenseplates of that nature, except as17202
provided in division (B) of that section.17203

       (D) When the court grants limited driving privileges under17204
section 4510.31 of the Revised Code or any other provision of law17205
during the suspension of the temporary instruction permit or17206
probationary driver's license of a person who is under eighteen17207
years of age, the court may include as a purpose of the privilege17208
the person's practicing of driving with the person's parent,17209
guardian, or other custodian during the period of the suspension.17210
If the court grants limited driving privileges for this purpose,17211
the court, in addition to all other conditions it imposes, shall17212
impose as a condition that the person exercise the privilege only17213
when a parent, guardian, or custodian of the person who holds a17214
current valid driver's or commercial driver's license issued by17215
this state actually occupies the seat beside the person in the17216
vehicle the person is operating.17217

       (E) Before granting limited driving privileges under this17218
section, the court shall require the offender to provide proof of17219
financial responsibility pursuant to section 4509.45 of the17220
Revised Code.17221

       Sec. 4510.03.  (A) Every county court judge, mayor of a17222
mayor's court, and clerk of a court of record shall keep a full17223
record of every case in which a person is charged with any17224
violation of any provision of sections 4511.01 to 4511.771 or17225
4513.01 to 4513.36 of the Revised Code or of any other law or17226
ordinance regulating the operation of vehicles, streetcars, and17227
trackless trolleys on highways or streets.17228

       (B) If a person is convicted of or forfeits bail in relation17229
to a violation of any section listed in division (A) of this17230
section or a violation of any other law or ordinance regulating17231
the operation of vehicles, streetcars, and trackless trolleys on17232
highways or streets, the county court judge, mayor of a mayor's17233
court, or clerk, within ten days after the conviction or bail17234
forfeiture, shall prepare and immediately forward to the bureau of17235
motor vehicles an abstract, certified by the preparer to be true17236
and correct, of the court record covering the case in which the17237
person was convicted or forfeited bail. Every court of record17238
also shall forward to the bureau of motor vehicles an abstract of17239
the court record as described in division (C) of this section upon17240
the conviction of any person of aggravated vehicular homicide or17241
vehicular homicide or of a felony in the commission of which a17242
vehicle was used.17243

       (C) Each abstract required by this section shall be made17244
upon a form approved and furnished by the bureau and shall include17245
the name and address of the person charged, the number of the17246
person's driver's or commercial driver's license, probationary17247
driver's license, or temporary instruction permit, the17248
registration number of the vehicle involved, the nature of the17249
offense, the date of the offense, the date of hearing, the plea,17250
the judgment, or whether bail was forfeited, and the amount of the17251
fine or forfeiture.17252

       Sec. 4510.031.  (A) A United States district court that17253
has jurisdiction within this state may utilize the provisions of17254
section 4510.03 of the Revised Code in regard to any case in which17255
a person is charged with any violation of any provision of17256
sections 4511.01 to 4511.771 or 4513.01 to 4513.36 of the Revised17257
Code or of any other law or ordinance regulating the operation of17258
vehicles, streetcars, and trackless trolleys on highways or17259
streets located on federal property within this state. The court17260
also may forward to the bureau an abstract upon the conviction of17261
any person of aggravated vehicular homicide or vehicular homicide17262
or of a felony in the commission of which a vehicle was used.17263

       (B) If a United States district court acts under this17264
section, it shall follow the procedures established in section17265
4510.03 of the Revised Code.17266

       (C) The bureau of motor vehicles shall accept and process an17267
abstract received from a United States district court under this17268
section in the same manner as it accepts and processes an abstract17269
received from a county court judge, mayor of a mayor's court, or17270
clerk of a court of record.17271

       Sec. 4510.032.  (A) If a person is charged with a17272
violation of section 4511.19 of the Revised Code or a violation of17273
any municipal OVI ordinance; if that charge is dismissed or17274
reduced; if the person is convicted of or forfeits bail in17275
relation to a violation of any other section of the Revised Code17276
or of any ordinance that regulates the operation of vehicles,17277
streetcars, and trackless trolleys on highways and streets but17278
that does not relate to operating a vehicle while under the17279
influence of alcohol, a drug of abuse, or a combination of them or17280
to operating a vehicle with a prohibited concentration of alcohol17281
in the whole blood, blood serum or plasma, breath, or urine; and17282
if the violation of which the person was convicted or in relation17283
to which the person forfeited bail arose out of the same facts and17284
circumstances and the same act as did the charge that was17285
dismissed or reduced, the abstract prepared under section 4510.0317286
of the Revised Code also shall set forth the charge that was17287
dismissed or reduced, indicate that it was dismissed or reduced,17288
and indicate that the violation resulting in the conviction or17289
bail forfeiture arose out of the same facts and circumstances and17290
the same act as did the charge that was dismissed or reduced.17291

       (B) If a charge against a person of a violation of division17292
(A) of section 4510.11, division (A) of section 4510.14, or17293
division (A) of section 4510.16 of the Revised Code or any17294
municipal ordinance that is substantially equivalent to any of17295
those divisions is dismissed or reduced and if the person is17296
convicted of or forfeits bail in relation to a violation of any17297
other section of the Revised Code or any other ordinance that17298
regulates the operation of vehicles, streetcars, and trackless17299
trolleys on highways and streets that arose out of the same facts17300
and circumstances as did the charge that was dismissed or reduced,17301
the abstract also shall set forth the charge that was dismissed or17302
reduced, indicate that it was dismissed or reduced, and indicate17303
that the violation resulting in the conviction or bail forfeiture17304
arose out of the same facts and circumstances and the same act as17305
did the charge that was dismissed or reduced.17306

       (C)(1) If a child has been adjudicated an unruly or17307
delinquent child or a juvenile traffic offender for having17308
committed any act that if committed by an adult would be a drug17309
abuse offense or any violation of division (B) of section 2917.1117310
or of section 4511.19 of the Revised Code, the court shall notify17311
the bureau, by means of an abstract of the court record as17312
described in divisions (B) and (C) of section 4510.03 of the17313
Revised Code, within ten days after the adjudication.17314

       (2) If a court requires a child to attend a drug abuse or17315
alcohol abuse education, intervention, or treatment program, the17316
abstract required by division (C)(1) of this section and forwarded17317
to the bureau also shall include the name and address of the17318
operator of the program and the date that the child entered the17319
program. If the child satisfactorily completes the program, the17320
court, immediately upon receipt of the information, shall send to17321
the bureau an updated abstract that also shall contain the date on17322
which the child satisfactorily completed the program.17323

       Sec. 4510.034.  (A) Division (B) of this section applies17324
in relation to persons who are convicted of or plead guilty to any17325
of the following:17326

       (1) A violation of division (A) of section 4510.11,17327
division (A) of section 4510.14, or division (A) of section17328
4510.16 of the Revised Code;17329

       (2) A violation of a municipal ordinance substantially17330
equivalent to any division set forth in division (A)(1) of this17331
section;17332

       (3) A violation of division (A) of section 4511.19 of the17333
Revised Code or a violation of section 4511.203 of the Revised17334
Code;17335

       (4) A violation of a municipal OVI ordinance.17336

       (B) If a person is convicted of or pleads guilty to any17337
violation set forth in division (A) of this section and if17338
division (D) of section 4503.234 of the Revised Code prohibits the17339
registrar of motor vehicles and all deputy registrars from17340
accepting an application for the registration of, or registering,17341
any motor vehicle in the name of that person, the abstract17342
prepared pursuant to section 4510.03, 4510.031, or 4510.032 of the17343
Revised Code shall specifically set forth these facts and clearly17344
indicate the date on which the order of criminal forfeiture was17345
issued or would have been issued but for the operation of section17346
4503.234 of the Revised Code. If the registrar receives an17347
abstract containing this information relating to a person, the17348
registrar, in accordance with sections 4503.12 and 4503.234 of the17349
Revised Code, shall take all necessary measures to prevent the17350
registrar's office or any deputy registrar from accepting from the17351
person, for the period of time ending five years after the date on17352
which the order was issued or would have been issued and as17353
described in section 4503.234 of the Revised Code, any new17354
application for the registration of any motor vehicle in the name17355
of the person.17356

       Sec. 4510.035.  The purposeful failure or refusal of any17357
person to comply with any provision of section 4510.03, 4510.032,17358
4510.034, 4510.036, or 4510.037 of the Revised Code constitutes17359
misconduct in office and is a ground for removal of the person17360
from the office.17361

       Sec. 4510.036.  (A) The bureau of motor vehicles shall17362
record within ten days, after receipt, and shall keep at its main17363
office, all abstracts received under this section or section17364
4510.03, 4510.031, 4510.032, or 4510.034 of the Revised Code and17365
shall maintain records of convictions and bond forfeitures for any17366
violation of a state law or a municipal ordinance regulating the17367
operation of vehicles, streetcars, and trackless trolleys on17368
highways and streets, except a violation related to parking a17369
motor vehicle.17370

       (B) Every court of record or mayor's court before which a17371
person is charged with a violation for which points are chargeable17372
by this section shall assess and transcribe to the abstract of17373
conviction that is furnished by the bureau to the court the number17374
of points chargeable by this section in the correct space assigned17375
on the reporting form. A United States district court that has17376
jurisdiction within this state and before which a person is17377
charged with a violation for which points are chargeable by this17378
section may assess and transcribe to the abstract of conviction17379
report that is furnished by the bureau the number of points17380
chargeable by this section in the correct space assigned on the17381
reporting form. If the federal court so assesses and transcribes17382
the points chargeable for the offense and furnishes the report to17383
the bureau, the bureau shall record the points in the same manner17384
as those assessed and transcribed by a court of record or mayor's17385
court.17386

       (C) A court shall assess the following points for an17387
offense based on the following formula:17388

       (1) Aggravated vehicular homicide, vehicular homicide,17389
vehicular manslaughter, aggravated vehicular assault, or vehicular17390
assault when the offense involves the operation of a vehicle,17391
streetcar, or trackless trolley on a highway or street ..........17392
6 points17393

       (2) A violation of section 2921.331 of the Revised Code or17394
any ordinance prohibiting the willful fleeing or eluding of a law17395
enforcement officer .......... 6 points17396

       (3) A violation of section 4549.02 or 4549.021 of the17397
Revised Code or any ordinance requiring the driver of a vehicle to17398
stop and disclose identity at the scene of an accident ..........17399
6 points17400

       (4) A violation of section 4511.251 of the Revised Code or17401
any ordinance prohibiting street racing .......... 6 points17402

       (5) A violation of section 4510.11, 4510.14, 4510.16, or17403
4510.21 of the Revised Code or any ordinance prohibiting the17404
operation of a motor vehicle while the driver's or commercial17405
driver's license is under suspension .......... 6 points17406

       (6) A violation of division (A) of section 4511.19 of the17407
Revised Code, any ordinance prohibiting the operation of a vehicle17408
while under the influence of alcohol, a drug of abuse, or a17409
combination of them, or any ordinance substantially equivalent to17410
division (A) of section 4511.19 of the Revised Code prohibiting17411
the operation of a vehicle with a prohibited concentration of17412
alcohol in the whole blood, blood serum or plasma, breath, or17413
urine .......... 6 points17414

       (7) A violation of section 2913.03 of the Revised Code that17415
does not involve an aircraft or motorboat or any ordinance17416
prohibiting the operation of a vehicle without the consent of the17417
owner .......... 6 points17418

       (8) Any offense under the motor vehicle laws of this state17419
that is a felony, or any other felony in the commission of which a17420
motor vehicle was used .......... 6 points17421

       (9) A violation of division (B) of section 4511.19 of the17422
Revised Code or any ordinance substantially equivalent to that17423
division prohibiting the operation of a vehicle with a prohibited17424
concentration of alcohol in the whole blood, blood serum or17425
plasma, breath, or urine .......... 4 points17426

       (10) A violation of section 4511.20 of the Revised Code or17427
any ordinance prohibiting the operation of a motor vehicle in17428
willful or wanton disregard of the safety of persons or property17429
.......... 4 points17430

       (11) A violation of any law or ordinance pertaining to17431
speed:17432

       (a) Notwithstanding divisions (C)(11)(b) and (c) of this17433
section, when the speed exceeds the lawful speed limit by thirty17434
miles per hour or more .......... 4 points17435

       (b) When the speed exceeds the lawful speed limit of17436
fifty-five miles per hour or more by more than ten miles per hour17437
.......... 2 points17438

       (c) When the speed exceeds the lawful speed limit of less17439
than fifty-five miles per hour by more than five miles per hour17440
.......... 2 points17441

       (d) When the speed does not exceed the amounts set forth in17442
divisions (C)(11)(a), (b), or (c) of this section .......... 017443
points17444

       (12) Operating a motor vehicle in violation of a restriction17445
imposed by the registrar .......... 2 points17446

       (13) All other moving violations reported under this section17447
.......... 2 points17448

       (D) Upon receiving notification from the proper court,17449
including a United States district court that has jurisdiction17450
within this state, the bureau shall delete any points entered for17451
a bond forfeiture if the driver is acquitted of the offense for17452
which bond was posted.17453

       (E) If a person is convicted of or forfeits bail for two or17454
more offenses arising out of the same facts and points are17455
chargeable for each of the offenses, points shall be charged for17456
only the conviction or bond forfeiture for which the greater17457
number of points is chargeable, and, if the number of points17458
chargeable for each offense is equal, only one offense shall be17459
recorded, and points shall be charged only for that offense.17460

       Sec. 4510.037.  (A) When the registrar of motor vehicles17461
determines that the total points charged against any person under17462
section 4510.036 of the Revised Code exceed five, the registrar17463
shall send a warning letter to the person at the person's last17464
known address by regular mail. The warning letter shall list the17465
reported violations that are the basis of the points charged, list17466
the number of points charged for each violation, and outline the17467
suspension provisions of this section.17468

       (B) When the registrar determines that the total points17469
charged against any person under section 4510.036 of the Revised17470
Code within any two-year period beginning on the date of the first17471
conviction within the two-year period is equal to twelve or more,17472
the registrar shall send a written notice to the person at the17473
person's last known address by regular mail. The notice shall17474
list the reported violations that are the basis of the points17475
charged, list the number of points charged for each violation, and17476
state that, because the total number of points charged against the17477
person within the applicable two-year period is equal to twelve or17478
more, the registrar is imposing a class D suspension of the17479
person's driver's or commercial driver's license or permit or17480
nonresident operating privileges for the period of time specified17481
in division (B)(4) of section 4510.02 of the Revised Code. The17482
notice also shall state that the suspension is effective on the17483
twentieth day after the mailing of the notice, unless the person17484
files a petition appealing the determination and suspension in the17485
municipal court, county court, or, if the person is under the age17486
of eighteen, the juvenile division of the court of common pleas in17487
whose jurisdiction the person resides or, if the person is not a17488
resident of this state, in the Franklin county municipal court or17489
juvenile division of the Franklin county court of common pleas. 17490
By filing the appeal of the determination and suspension, the17491
person agrees to pay the cost of the proceedings in the appeal of17492
the determination and suspension and alleges that the person can17493
show cause why the person's driver's or commercial driver's17494
license or permit or nonresident operating privileges should not17495
be suspended.17496

       (C) Any person against whom more than five but less than17497
twelve points have been charged under section 4510.036 of the17498
Revised Code, for the purpose of obtaining a credit of two points17499
against the total points charged against the person under that17500
section, may enroll in a course of remedial driving instruction17501
that is approved by the director of public safety. The person may17502
enroll only one time in a course of remedial driving instruction17503
for that purpose. Upon the person's completion of an approved17504
course of remedial driving instruction, the registrar shall deduct17505
two points from the total number of points charged against the17506
person under section 4510.036 of the Revised Code. The registrar17507
shall not deduct any points for a person who completes an approved17508
course of remedial driving instruction pursuant to a judge's order17509
under section 4510.02 of the Revised Code.17510

       (D) When a judge of a court of record suspends a person's17511
driver's or commercial driver's license or permit or nonresident17512
operating privilege and charges points against the person under17513
section 4510.036 of the Revised Code for the offense that resulted17514
in the suspension, the registrar shall credit that period of17515
suspension against the time of any subsequent suspension imposed17516
under this section for which those points were used to impose the17517
subsequent suspension. When a United States district court that17518
has jurisdiction within this state suspends a person's driver's or17519
commercial driver's license or permit or nonresident operating17520
privileges pursuant to the "Assimilative Crimes Act," 102 Stat.17521
4381 (1988), 18 U.S.C.A. 13, as amended, the district court17522
prepares an abstract pursuant to section 4510.031 of the Revised17523
Code, and the district court charges points against the person17524
under section 4510.036 of the Revised Code for the offense that17525
resulted in the suspension, the registrar shall credit the period17526
of suspension imposed by the district court against the time of17527
any subsequent suspension imposed under this section for which the17528
points were used to impose the subsequent suspension.17529

       (E) The registrar, upon the written request of a licensee17530
who files a petition under division (B) of this section, shall17531
furnish the licensee a certified copy of the registrar's record of17532
the convictions and bond forfeitures of the person. This record17533
shall include the name, address, and date of birth of the17534
licensee; the name of the court in which each conviction or bail17535
forfeiture took place; the nature of the offense that was the17536
basis of the conviction or bond forfeiture; and any other17537
information that the registrar considers necessary. If the record17538
indicates that twelve points or more have been charged against the17539
person within a two-year period, it is prima-facie evidence that17540
the person is a repeat traffic offender, and the registrar shall17541
suspend the person's driver's or commercial driver's license or17542
permit or nonresident operating privilege pursuant to division (B)17543
of this section.17544

       In hearing the petition and determining whether the person17545
filing the petition has shown cause why the person's driver's or17546
commercial driver's license or permit or nonresident operating17547
privilege should not be suspended, the court shall decide the17548
issue on the record certified by the registrar and any additional17549
relevant, competent, and material evidence that either the17550
registrar or the person whose license is sought to be suspended17551
submits.17552

       (F) If a petition is filed under division (B) of this17553
section in a county court, the prosecuting attorney of the county17554
in which the case is pending shall represent the registrar in the17555
proceedings, except that, if the petitioner resides in a municipal17556
corporation within the jurisdiction of the county court, the city17557
director of law, village solicitor, or other chief legal officer17558
of the municipal corporation shall represent the registrar in the17559
proceedings. If a petition is filed under division (B) of this17560
section in a municipal court, the registrar shall be represented17561
in the resulting proceedings as provided in section 1901.34 of the17562
Revised Code.17563

       (G) If the court determines from the evidence submitted that17564
a person who filed a petition under division (B) of this section17565
has failed to show cause why the person's driver's or commercial17566
driver's license or permit or nonresident operating privileges17567
should not be suspended, the court shall assess against the person17568
the cost of the proceedings in the appeal of the determination17569
and suspension and shall impose the applicable suspension under17570
this section or suspend all or a portion of the suspension and17571
impose any conditions or probation upon the person that the court17572
considers proper. If the court determines from the evidence17573
submitted that a person who filed a petition under division (B) of17574
this section has shown cause why the person's driver's or17575
commercial driver's license or permit or nonresident operating17576
privileges should not be suspended, the costs of the appeal17577
proceeding shall be paid out of the county treasury of the county17578
in which the proceedings were held.17579

       (H) Any person whose driver's or commercial driver's license17580
or permit or nonresident operating privileges are suspended under17581
this section is not entitled to apply for or receive a new17582
driver's or commercial driver's license or permit or to request or17583
be granted nonresident operating privileges during the effective17584
period of the suspension.17585

       (I) Upon the termination of any suspension or other penalty17586
imposed under this section involving the surrender of license or17587
permit and upon the request of the person whose license or permit17588
was suspended or surrendered, the registrar shall return the17589
license or permit to the person upon determining that the person17590
has complied with all provisions of section 4510.038 of the17591
Revised Code or, if the registrar destroyed the license or permit17592
pursuant to section 4510.52 of the Revised Code, shall reissue the17593
person's license or permit.17594

       (J) Any person whose driver's or commercial driver's license17595
or permit or nonresident operating privileges are suspended as a17596
repeat traffic offender under this section and who, during the17597
suspension, operates any motor vehicle upon any public roads and17598
highways is guilty of a misdemeanor of the first degree, and the17599
court shall sentence the offender to a minimum term of three days17600
in jail. No court shall suspend the first three days of jail time17601
imposed pursuant to this division.17602

       (K) The registrar, in accordance with specific statutory17603
authority, may suspend the privilege of driving a motor vehicle on17604
the public roads and highways of this state that is granted to17605
nonresidents by section 4507.04 of the Revised Code.17606

       Sec. 4507.022.        Sec. 4510.038.  Any person whose driver's or17607
commercial driver's license or permit is suspended, or who is put17608
on probation or granted limited or occupational driving17609
privileges, under section 4507.021 or division (E) of section17610
4507.164510.037,under division (H) of section 4511.19, or under17611
section 4510.07 of the Revised Code for a violation of a municipal17612
ordinance that is substantially equivalent to division (B) of17613
section4511.19 of the Revised Code, is not eligible to retain the17614
person's license, or to have the person's driving privileges17615
reinstated, until each of the following has occurred:17616

       (A) The person successfully completes a course of remedial17617
driving instruction approved by the director of public safety,17618
provided the person commences taking the course after the person's17619
driver's or commercial driver's license or permit is suspended17620
under section 4507.021 or division (E) of section 4507.16 of the17621
Revised Code. A minimum of twenty-five per cent of the number of17622
hours of instruction included in the course shall be devoted to17623
instruction on driver attitude.17624

       The course also shall devote a number of hours to instruction17625
in the area of alcohol and drugs and the operation of motor17626
vehicles. The instruction shall include, but not be limited to, a17627
review of the laws governing the operation of a motor vehicle17628
while under the influence of alcohol, drugs, or botha combination17629
of them, the dangers of operating a motor vehicle while under the17630
influence of alcohol, drugs, or botha combination of them, and17631
other information relating to the operation of motor vehicles and17632
the consumption of alcoholic beverages and use of drugs. The17633
director, in consultation with the director of alcohol and drug17634
addiction services, shall prescribe the content of the17635
instruction. The number of hours devoted to the area of alcohol17636
and drugs and the operation of motor vehicles shall comprise a17637
minimum of twenty-five per cent of the number of hours of17638
instruction included in the course.17639

       (B) The person is examined in the manner provided for in17640
section 4507.20 of the Revised Code, and found by the registrar of17641
motor vehicles to be qualified to operate a motor vehicle;17642

       (C) The person gives and maintains proof of financial17643
responsibility, in accordance with section 4509.45 of the Revised17644
Code.17645

       Sec. 4510.04.  It is an affirmative defense to any17646
prosecution brought under section 4510.11, 4510.14, 4510.16, or17647
4510.21 of the Revised Code or under any substantially equivalent17648
municipal ordinance that the alleged offender drove under17649
suspension, without a valid permit or driver's or commercial17650
driver's license, or in violation of a restriction because of a17651
substantial emergency, and because no other person was reasonably17652
available to drive in response to the emergency.17653

       It is an affirmative defense to any prosecution brought under17654
section 4510.16 of the Revised Code that the order of suspension17655
resulted from the failure of the alleged offender to respond to a17656
financial responsibility random verification request under17657
division (A)(3)(c) of section 4509.101 of the Revised Code and17658
that, at the time of the initial financial responsibility random17659
verification request, the alleged offender was in compliance with17660
division (A)(1) of section 4509.101 of the Revised Code as shown17661
by proof of financial responsibility that was in effect at the17662
time of that request.17663

       Sec. 4507.1611.        Sec. 4510.05.  Except as may otherwise be provided17664
in section 4510.07 or in any other provision of the Revised Code,17665
whenever an offender is convicted of or pleads guilty to a17666
violation of a municipal ordinance that is substantially similar17667
to a provision of the Revised Code, and a court is permitted or17668
required to suspend or revoke a person's driver's or commercial17669
driver's license or permit for a violation of that provision, a17670
court, in addition to any other penalties it is authorized by law17671
to impose upon the offender, may suspend the offender's driver's17672
or commercial driver's license or permit or nonresident operating17673
privileges for the period of time the court determines17674
appropriate, or may revoke the license or permit, but in no case17675
shall the period of suspension imposed for the violation of the17676
municipal ordinance shall not exceed the period of suspension that17677
is permitted or required to be imposed for the violation of the17678
provision of the Revised Code to which the municipal ordinance is17679
substantially similar.17680

       Sec. 4507.1610.        Sec. 4510.06.  If a United States district court17681
whose jurisdiction lies within this state suspends, revokes,or17682
cancels, or forfeits the driver's or commercial driver's license17683
or, permit,or nonresident operating privileges of any person17684
pursuant to the "Assimilative Crimes Act," 102 Stat. 4381 (1988),17685
18 U.S.C.A. 13, as amended, that suspension, revocation,or17686
cancellation, or forfeiture is deemed to operate in the same17687
manner and to have the same effect throughout this state as if it17688
were imposed under the laws of this state by a judge of a court of17689
record of this state. In such athat type of case, if the United17690
States district court observes the procedures prescribed by the17691
Revised Code and utilizes the forms prescribed by the registrar of17692
motor vehicles, the bureau of motor vehicles shall make the17693
appropriate notation or record and shall take any other action17694
that is prescribed or permitted by the Revised Code.17695

       Sec. 4507.1613.        Sec. 4510.07.  The court imposing a sentence upon17696
an offender for any violation of a municipal ordinance that is17697
substantially equivalent to a violation of section 2903.06 or17698
2907.24 of the Revised Code or for any violation of a municipal17699
OVI ordinance also shall impose a suspension of the offender's17700
driver's license, commercial driver's license, temporary17701
instruction permit, probationary license, or nonresident operating17702
privilege from the range specified in division (B) of section17703
4510.02 of the Revised Code that is equivalent in length to the17704
suspension required for a violation of section 2903.06 or 2907.2417705
or division (A) or (B) of section4511.19 of the Revised Code17706
under similar circumstances.17707

       Sec. 4510.10.  (A) As used in this section,17708
"reinstatement fees" means the fees that are required under17709
section 4507.1612, 4507.45, 4509.101, 4509.81, 4511.191, 4511.951,17710
or any other provision of the Revised Code, or under a schedule17711
established by the bureau of motor vehicles, in order to reinstate17712
a driver's or commercial driver's license or permit or nonresident17713
operating privilege of an offender under a suspension.17714

       (B) When a municipal court or county court determines in a17715
pending case involving an offender that the offender cannot17716
reasonably pay reinstatement fees due and owing by the offender17717
relative to a suspension that has been or that will be imposed in17718
the case, then the court, by order, may undertake either of the17719
following, in order of preference:17720

       (1) Establish a reasonable payment plan of not less than17721
fifty dollars per month, to be paid by the offender to the bureau17722
of motor vehicles in all succeeding months until all reinstatement17723
fees required of the offender are paid in full;17724

       (2) If the offender, but for the payment of the17725
reinstatement fees, otherwise would be entitled to operate a17726
vehicle in this state or to obtain reinstatement of the offender's17727
operating privileges, permit the offender to operate a motor17728
vehicle, as authorized by the court, until a future date upon17729
which date all reinstatement fees must be paid in full. A payment17730
extension granted under this division shall not exceed one hundred17731
eighty days, and any operating privileges granted under this17732
division shall be solely for the purpose of permitting the17733
offender occupational or "family necessity" privileges in order to17734
enable the offender to reasonably acquire the delinquent17735
reinstatement fees due and owing.17736

       (C) If a municipal court or county court, by order,17737
undertakes either activity described in division (B)(1) or (2) of17738
this section, the court, at any time after the issuance of the17739
order, may determine that a change of circumstances has occurred17740
and may amend the order as justice requires, provided that the17741
amended order also shall be an order that is permitted under17742
division (B)(1) or (2) of this section.17743

       (D) If a court enters an order of the type described in17744
division (B)(1), (B)(2), or (C) of this section, during the17745
pendency of the order, the offender in relation to whom it applies17746
is not subject to prosecution for failing to pay the reinstatement17747
fees covered by the order.17748

       Sec. 4510.11.  (A) No person whose driver's or17749
commercial driver's license or permit or nonresident operating17750
privilege has been suspended under any provision of the Revised17751
Code, other than Chapter 4509. of the Revised Code, or under any17752
applicable law in any other jurisdiction in which the person's17753
license or permit was issued shall operate any motor vehicle upon17754
the public roads and highways or upon any public or private17755
property used by the public for purposes of vehicular travel or17756
parking within this state during the period of suspension unless17757
the person is granted limited driving privileges and is operating17758
the vehicle in accordance with the terms of the limited driving17759
privileges.17760

       (B) No person shall operate any motor vehicle upon a highway17761
or any public or private property used by the public for purposes17762
of vehicular travel or parking in this state in violation of any17763
restriction of the person's driver's or commercial driver's17764
license or permit imposed under division (D) of section 4506.10 or17765
under section 4507.14 of the Revised Code.17766

       (C)(1) Whoever violates this section is guilty of driving17767
under suspension or in violation of a license restriction, a17768
misdemeanor of the first degree. The court shall impose upon the17769
offender a class seven suspension of the offender's driver's17770
license, commercial driver's license, temporary instruction17771
permit, probationary license, or nonresident operating privilege17772
from the range specified in division (A)(7) of section 4510.02 of17773
the Revised Code.17774

       (2) Except as provided in division (C)(3) or (4) of this17775
section, the court, in addition to any other penalty that it17776
imposes on the offender and if the vehicle is registered in the17777
offender's name, shall order the immobilization of the vehicle17778
involved in the offense for thirty days in accordance with section17779
4503.233 of the Revised Code and the impoundment of that vehicle's17780
license plates for thirty days.17781

       (3) If the offender previously has been convicted of or17782
pleaded guilty to one violation of this section or of a17783
substantially similar municipal ordinance, the court, in addition17784
to any other sentence that it imposes on the offender and if the17785
vehicle is registered in the offender's name, shall order the17786
immobilization of the vehicle involved in the offense for sixty17787
days in accordance with section 4503.233 of the Revised Code and17788
the impoundment of that vehicle's license plates for sixty days.17789

       (4) If the offender previously has been convicted of or17790
pleaded guilty to two or more violations of this section or of a17791
substantially similar municipal ordinance, the court, in addition17792
to any other sentence that it imposes on the offender and if the17793
vehicle is registered in the offender's name, shall order the17794
criminal forfeiture of the vehicle involved in the offense to the17795
state.17796

       (D) Any order for immobilization and impoundment under this17797
section shall be issued and enforced under section 4503.233 of the17798
Revised Code. The court shall not release a vehicle from17799
immobilization ordered under this section unless the court is17800
presented with current proof of financial responsibility with17801
respect to that vehicle.17802

       (E) Any order of criminal forfeiture under this section17803
shall be issued and enforced under section 4503.234 of the Revised17804
Code. Upon receipt of the copy of the order from the court,17805
neither the registrar of motor vehicles nor a deputy registrar17806
shall accept any application for the registration or transfer of17807
registration of any motor vehicle owned or leased by the person17808
named in the declaration of forfeiture. The period of17809
registration denial shall be five years after the date of the17810
order, unless, during that period, the court having jurisdiction17811
of the offense that led to the order terminates the forfeiture and17812
notifies the registrar of the termination. The registrar then17813
shall take necessary measures to permit the person to register a17814
vehicle owned or leased by the person or to transfer registration17815
of the vehicle.17816

       Sec. 4510.12.  (A)(1) No person, except those expressly17817
exempted under sections 4507.03, 4507.04, and 4507.05 of the17818
Revised Code, shall operate any motor vehicle upon a public road17819
or highway or any public or private property used by the public17820
for purposes of vehicular travel or parking in this state unless17821
the person has a valid driver's license issued under Chapter 4507.17822
of the Revised Code or a commercial driver's license issued under17823
Chapter 4506. of the Revised Code.17824

       (2) No person, except a person expressly exempted under17825
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall17826
operate any motorcycle upon a public road or highway or any public17827
or private property used by the public for purposes of vehicular17828
travel or parking in this state unless the person has a valid17829
license as a motorcycle operator that was issued upon application17830
by the registrar of motor vehicles under Chapter 4507. of the17831
Revised Code. The license shall be in the form of an endorsement,17832
as determined by the registrar, upon a driver's or commercial17833
driver's license, if the person has a valid license to operate a17834
motor vehicle or commercial motor vehicle, or in the form of a17835
restricted license as provided in section 4507.14 of the Revised17836
Code, if the person does not have a valid license to operate a17837
motor vehicle or commercial motor vehicle.17838

       (B) Whoever violates this section is guilty of operating a17839
motor vehicle without a valid license and shall be punished as17840
follows:17841

       (1) If the offender's driver's or commercial driver's17842
license or permit was expired at the time of the offense for no17843
more than six months, subject to divisions (B)(3) to (5) of this17844
section, the offense is a minor misdemeanor.17845

       (2) If the offender's driver's or commercial driver's17846
license or permit was expired at the time of the offense for more17847
than six months, subject to divisions (B)(3) to (5) of this17848
section, the offense is a misdemeanor of the fourth degree.17849

       (3) If the offender previously was convicted of or pleaded17850
guilty to one violation of this section or a substantially17851
equivalent municipal ordinance within the past three years, the17852
offense is a misdemeanor of the third degree.17853

       (4) If the offender previously was convicted of or pleaded17854
guilty to two violations of this section or a substantially17855
equivalent municipal ordinance within the past three years, the17856
offense is a misdemeanor of the second degree.17857

       (5) If the offender previously was convicted of or pleaded17858
guilty to three or more violations of this section or a17859
substantially equivalent municipal ordinance within the past three17860
years, the offense is a misdemeanor of the first degree.17861

       (C) The court shall not impose a license suspension for a17862
first violation of this section or if more than three years have17863
passed since the offender's last violation of this section or a17864
substantially equivalent municipal ordinance.17865

       (D) If the offender was convicted of or pleaded guilty to17866
one or more violations of this section or a substantially17867
equivalent municipal ordinance within the past three years, and if17868
the offender's license was expired for more than six months at the17869
time of the offense, the court shall impose a class seven17870
suspension of the offender's driver license, commercial driver's17871
license, temporary instruction permit, probationary license, or17872
nonresident operating privilege from the range specified in17873
division (A)(7) of section 4510.02 of the Revised Code.17874

       Sec. 4510.13.  (A)(1) Divisions (A)(2) to (7) of this17875
section apply to a judge or mayor regarding the suspension of, or17876
the grant of limited driving privileges during, a suspension of an17877
offender's driver's or commercial driver's license or permit or17878
nonresident operating privilege imposed under division (G) or (H)17879
of section 4511.19 of the Revised Code, under division (B) or (C)17880
of section 4511.191 of the Revised Code, or under section 4510.0717881
of the Revised Code for a conviction of a violation of a municipal17882
OVI ordinance.17883

       (2) No judge or mayor shall suspend the following portions17884
of the suspension of an offender's driver's or commercial driver's17885
license or permit or nonresident operating privilege imposed under17886
division (G) or (H) of section 4511.19 of the Revised Code or17887
under section 4510.07 of the Revised Code for a conviction of a17888
violation of a municipal OVI ordinance, provided that division17889
(A)(2) of this section does not limit a court or mayor in17890
crediting any period of suspension imposed pursuant to division17891
(B) or (C) of section 4511.191 of the Revised Code against any17892
time of judicial suspension imposed pursuant to section 4511.19 or17893
4510.07 of the Revised Code, as described in divisions (B)(2) and17894
(C)(2) of section 4511.191 of the Revised Code:17895

       (a) The first six months of a suspension imposed under17896
division (G)(1)(a) of section 4511.19 of the Revised Code or of a17897
comparable length suspension imposed under section 4510.07 of the17898
Revised Code;17899

       (b) The first year of a suspension imposed under division17900
(G)(1)(b) or (c) of section 4511.19 of the Revised Code or of a17901
comparable length suspension imposed under section 4510.07 of the17902
Revised Code;17903

       (c) The first three years of a suspension imposed under17904
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code17905
or of a comparable length suspension imposed under section 4510.0717906
of the Revised Code;17907

       (d) The first sixty days of a suspension imposed under17908
division (H) of section 4511.19 of the Revised Code or of a17909
comparable length suspension imposed under section 4510.07 of the17910
Revised Code.17911

       (3) No judge or mayor shall grant limited driving privileges17912
to an offender whose driver's or commercial driver's license or17913
permit or nonresident operating privilege has been suspended under17914
division (G) or (H) of section 4511.19 of the Revised Code, under17915
division (C) of section 4511.191 of the Revised Code, or under17916
section 4510.07 of the Revised Code for a municipal OVI conviction17917
if the offender, within the preceding six years, has been17918
convicted of or pleaded guilty to three or more violations of one17919
or more of the Revised Code sections, municipal ordinances,17920
statutes of the United States or another state, or municipal17921
ordinances of a municipal corporation of another state that are17922
identified in divisions (G)(2)(b) to (h) of section 2919.22 of the17923
Revised Code.17924

       Additionally, no judge or mayor shall grant limited driving17925
privileges to an offender whose driver's or commercial driver's17926
license or permit or nonresident operating privilege has been17927
suspended under division (B) of section 4511.191 of the Revised17928
Code if the offender, within the preceding six years, has refused17929
three previous requests to consent to a chemical test of the17930
person's whole blood, blood serum or plasma, breath, or urine to17931
determine its alcohol content.17932

       (4) No judge or mayor shall grant limited driving privileges17933
for employment as a driver of commercial motor vehicles to an17934
offender whose driver's or commercial driver's license or permit17935
or nonresident operating privilege has been suspended under17936
division (G) or (H) of section 4511.19 of the Revised Code, under17937
division (B) or (C) of section 4511.191 of the Revised Code, or17938
under section 4510.07 of the Revised Code for a municipal OVI17939
conviction if the offender is disqualified from operating a17940
commercial motor vehicle, or whose license or permit has been17941
suspended, under section 3123.58 or 4506.16 of the Revised Code.17942

       (5) No judge or mayor shall grant limited driving privileges17943
to an offender whose driver's or commercial driver's license or17944
permit or nonresident operating privilege has been suspended under17945
division (G) or (H) of section 4511.19 of the Revised Code, under17946
division (C) of section 4511.191 of the Revised Code, or under17947
section 4510.07 of the Revised Code for a conviction of a17948
violation of a municipal OVI ordinance during any of the following17949
periods of time:17950

       (a) The first fifteen days of a suspension imposed under17951
division (G)(1)(a) of section 4511.19 of the Revised Code or a17952
comparable length suspension imposed under section 4510.07 of the17953
Revised Code, or of a suspension imposed under division (C)(1)(a)17954
of section 4511.191 of the Revised Code. On or after the17955
sixteenth day of the suspension, the court may grant limited17956
driving privileges, but the court may require that the offender17957
shall not exercise the privileges unless the vehicles the offender17958
operates are equipped with immobilizing or disabling devices that17959
monitor the offender's alcohol consumption or any other type of17960
immobilizing or disabling devices, except as provided in division17961
(C) of section 4510.43 of the Revised Code.17962

       (b) The first thirty days of a suspension imposed under17963
division (G)(1)(b) of section 4511.19 of the Revised Code or a17964
comparable length suspension imposed under section 4510.07 of the17965
Revised Code, or of a suspension imposed under division (C)(1)(b)17966
of section 4511.191 of the Revised Code. On or after the17967
thirty-first day of suspension, the court may grant limited17968
driving privileges, but the court may require that the offender17969
shall not exercise the privileges unless the vehicles the offender17970
operates are equipped with immobilizing or disabling devices that17971
monitor the offender's alcohol consumption or any other type of17972
immobilizing or disabling devices, except as provided in division17973
(C) of section 4510.43 of the Revised Code.17974

       (c) The first sixty days of a suspension imposed under17975
division (H) of section 4511.19 of the Revised Code or a17976
comparable length suspension imposed under section 4510.07 of the17977
Revised Code.17978

       (d) The first one hundred eighty days of a suspension17979
imposed under division (G)(1)(c) of section 4511.19 of the Revised17980
Code or a comparable length suspension imposed under section17981
4510.07 of the Revised Code, or of a suspension imposed under17982
division (C)(1)(c) of section 4511.191 of the Revised Code. The17983
judge may grant limited driving privileges on or after the one17984
hundred eighty-first day of the suspension only if the judge, at17985
the time of granting the privileges, also issues an order17986
prohibiting the offender, while exercising the privileges during17987
the period commencing with the one hundred eighty-first day of17988
suspension and ending with the first year of suspension, from17989
operating any motor vehicle unless it is equipped with an17990
immobilizing or disabling device that monitors the offender's17991
alcohol consumption. After the first year of the suspension, the17992
court may authorize the offender to continue exercising the17993
privileges in vehicles that are not equipped with immobilizing or17994
disabling devices that monitor the offender's alcohol consumption,17995
except as provided in division (C) of section 4510.43 of the17996
Revised Code. If the offender does not petition for limited17997
driving privileges until after the first year of suspension, the17998
judge may grant limited driving privileges without requiring the17999
use of an immobilizing or disabling device that monitors the18000
offender's alcohol consumption.18001

       (e) The first three years of a suspension imposed under18002
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code18003
or a comparable length suspension imposed under section 4510.07 of18004
the Revised Code, or of a suspension imposed under division18005
(C)(1)(d) of section 4511.191 of the Revised Code. The judge may18006
grant limited driving privileges after the first three years of18007
suspension only if the judge, at the time of granting the18008
privileges, also issues an order prohibiting the offender from18009
operating any motor vehicle, for the period of suspension18010
following the first three years of suspension, unless the motor18011
vehicle is equipped with an immobilizing or disabling device that18012
monitors the offender's alcohol consumption, except as provided in18013
division (C) of section 4510.43 of the Revised Code.18014

       (6) No judge or mayor shall grant limited driving privileges18015
to an offender whose driver's or commercial driver's license or18016
permit or nonresident operating privilege has been suspended under18017
division (B) of section 4511.191 of the Revised Code during any of18018
the following periods of time:18019

       (a) The first thirty days of suspension imposed under18020
division (B)(1)(a) of section 4511.191 of the Revised Code;18021

       (b) The first ninety days of suspension imposed under18022
division (B)(1)(b) of section 4511.191 of the Revised Code;18023

       (c) The first year of suspension imposed under division18024
(B)(1)(c) of section 4511.191 of the Revised Code;18025

       (d) The first three years of suspension imposed under18026
division (B)(1)(d) of section 4511.191 of the Revised Code.18027

       (7) In any case in which a judge or mayor grants limited18028
driving privileges to an offender whose driver's or commercial18029
driver's license or permit or nonresident operating privilege has18030
been suspended under division (G) of section 4511.19 of the18031
Revised Code or under section 4510.07 of the Revised Code for a18032
municipal OVI conviction, the judge or mayor shall impose as a18033
condition of the privileges that the offender must display on the18034
vehicle that is driven subject to the privileges restricted18035
license plates that are issued under section 4503.231 of the18036
Revised Code, except as provided in division (B) of that section.18037

       (B) Any person whose driver's or commercial driver's license18038
or permit or nonresident operating privilege has been suspended18039
pursuant to section 4511.19 or 4511.191 of the Revised Code or18040
under section 4510.07 of the Revised Code for a violation of a18041
municipal OVI ordinance may file a petition for limited driving18042
privileges during the suspension. The person shall file the18043
petition in the court that has jurisdiction over the place of18044
arrest. Subject to division (A) of this section, the court may18045
grant the person limited driving privileges during the period18046
during which the suspension otherwise would be imposed. However,18047
the court shall not grant the privileges for employment as a18048
driver of a commercial motor vehicle to any person who is18049
disqualified from operating a commercial motor vehicle under18050
section 4506.16 of the Revised Code or during any of the periods18051
prescribed by division (A) of this section.18052

       (C)(1) After a driver's or commercial driver's license or18053
permit or nonresident operating privilege has been suspended18054
pursuant to section 2903.06, 2903.08, 2907.24, 2921.331, 4511.19,18055
4511.251, 4549.02, 4549.021, or 5743.99 of the Revised Code, any18056
provision of Chapter 2925. of the Revised Code, or section 4510.0718057
of the Revised Code for a violation of a municipal OVI ordinance,18058
the judge of the court or mayor of the mayor's court that18059
suspended the license, permit, or privilege shall cause the18060
offender to deliver to the court the license or permit. The18061
judge, mayor, or clerk of the court or mayor's court shall forward18062
to the registrar the license or permit together with notice of the18063
action of the court.18064

       (2) A suspension of a commercial driver's license under any18065
section or chapter identified in division (C)(1) of this section18066
shall be concurrent with any period of suspension or18067
disqualification under section 3123.58 or 4506.16 of the Revised18068
Code. No person who is disqualified for life from holding a18069
commercial driver's license under section 4506.16 of the Revised18070
Code shall be issued a driver's license under this chapter during18071
the period for which the commercial driver's license was suspended18072
under this section, and no person whose commercial driver's18073
license is suspended under any section or chapter identified in18074
division (C)(1) of this section shall be issued a driver's license18075
under Chapter 4507. of the Revised Code during the period of the18076
suspension.18077

       (3) No judge or mayor shall suspend any class one18078
suspension, or any portion of any class one suspension, required18079
by section 2903.04 or 2903.06 of the Revised Code. No judge or18080
mayor shall suspend the first thirty days of any class two, class18081
three, class four, class five, or class six suspension imposed18082
under section 2903.06 or 2903.08 of the Revised Code.18083

       (D) The judge of the court or mayor of the mayor's court18084
shall credit any time during which an offender was subject to an18085
administrative suspension of the offender's driver's or commercial18086
driver's license or permit or nonresident operating privilege18087
imposed pursuant to section 4511.191 or 4511.192 of the Revised18088
Code or a suspension imposed by a judge, referee, or mayor18089
pursuant to division (B)(1) or (2) of section 4511.196 of the18090
Revised Code against the time to be served under a related18091
suspension imposed pursuant to any section or chapter identified18092
in division (C)(1) of this chapter.18093

       (E) The judge or mayor shall notify the bureau of motor18094
vehicles of any determinations made pursuant to this section and18095
of any suspension imposed pursuant to any section or chapter18096
identified in division (C)(1) of this section.18097

       (F)(1) If a court issues an immobilizing or disabling device18098
order under section 4510.43 of the Revised Code, the order shall18099
authorize the offender during the specified period to operate a18100
motor vehicle only if it is equipped with an immobilizing or18101
disabling device, except as provided in division (C) of that18102
section. The court shall provide the offender with a copy of an18103
immobilizing or disabling device order issued under section18104
4510.43 of the Revised Code, and the offender shall use the copy18105
of the order in lieu of an Ohio driver's or commercial driver's18106
license or permit until the registrar or a deputy registrar issues18107
the offender a restricted license.18108

       An order issued under section 4510.43 of the Revised Code18109
does not authorize or permit the offender to whom it has been18110
issued to operate a vehicle during any time that the offender's18111
driver's or commercial driver's license or permit is suspended18112
under any other provision of law.18113

       (2) An offender may present an immobilizing or disabling18114
device order to the registrar or to a deputy registrar. Upon18115
presentation of the order to the registrar or a deputy registrar,18116
the registrar or deputy registrar shall issue the offender a18117
restricted license. A restricted license issued under this18118
division shall be identical to an Ohio driver's license, except18119
that it shall have printed on its face a statement that the18120
offender is prohibited during the period specified in the court18121
order from operating any motor vehicle that is not equipped with18122
an immobilizing or disabling device. The date of commencement and18123
the date of termination of the period of suspension shall be18124
indicated conspicuously upon the face of the license.18125

       Sec. 4510.14.  (A) No person whose driver's or commercial18126
driver's license or permit or nonresident operating privilege has18127
been suspended under section 4511.19. 4511.191, or 4511.196 of the18128
Revised Code or under section 4510.07 of the Revised Code for a18129
conviction of a violation of a municipal OVI ordinance shall18130
operate any motor vehicle upon the public roads or highways within18131
this state during the period of the suspension. 18132

       (B) Whoever violates this section is guilty of driving under18133
OVI suspension. The court shall sentence the offender under18134
Chapter 2929. of the Revised Code, subject to the differences18135
authorized or required by this section.18136

       (1) Except as otherwise provided in division (B)(2) or (3)18137
of this section, driving under OVI suspension is a misdemeanor of18138
the first degree. The court shall sentence the offender to all of18139
the following:18140

       (a) A mandatory jail term of three consecutive days. The18141
three-day term shall be imposed, unless, subject to division (C)18142
of this section, the court instead imposes a sentence of not less18143
than thirty consecutive days of electronically monitored house18144
arrest. A period of electronically monitored house arrest imposed18145
under this division shall not exceed six months. If the court18146
imposes a mandatory three-day jail term under this division, the18147
court may impose a jail term in addition to that term, provided18148
that in no case shall the cumulative jail term imposed for the18149
offense exceed six months.18150

       (b) A fine of not less than two hundred fifty and not more18151
than one thousand dollars;18152

       (c) A license suspension under division (E) of this section;18153

       (d) If the vehicle the offender was operating at the time of18154
the offense is registered in the offender's name, immobilization18155
for thirty days of the offender's vehicle and impoundment for18156
thirty days of the identification license plates of that vehicle.18157
The order for immobilization and impoundment shall be issued and18158
enforced in accordance with section 4503.233 of the Revised Code.18159

       (2) If, within six years of the offense, the offender18160
previously has been convicted of or pleaded guilty to one18161
violation of this section or one equivalent offense, driving under18162
OVI suspension is a misdemeanor of the first degree. The court18163
shall sentence the offender to all of the following:18164

       (a) A mandatory jail term of ten consecutive days. 18165
Notwithstanding the terms of imprisonment provided in Chapter18166
2929. of the Revised Code, the court may sentence the offender to18167
a longer jail term of not more than one year. The ten-day18168
mandatory jail term shall be imposed unless, subject to division18169
(C) of this section, the court instead imposes a sentence of not18170
less than ninety consecutive days of electronically monitored18171
house arrest. The period of electronically monitored house arrest18172
shall not exceed one year. 18173

        (b) Notwithstanding the fines provided for in Chapter 2929.18174
of the Revised Code, a fine of not less than five hundred and not18175
more than two thousand five hundred dollars;18176

       (c) A license suspension under division (E) of this section;18177

       (d) If the vehicle the offender was operating at the time of18178
the offense is registered in the offender's name, immobilization18179
of the offender's vehicle for sixty days and the impoundment for18180
sixty days of the identification license plates of that vehicle. 18181
The order for immobilization and impoundment shall be issued and18182
enforced in accordance with section 4503.233 of the Revised Code.18183

       (3) If, within six years of the offense, the offender18184
previously has been convicted of or pleaded guilty to two or more18185
violations of this section or two or more equivalent offenses,18186
driving under OVI suspension is a misdemeanor. The court shall18187
sentence the offender to all of the following:18188

       (a) A mandatory jail term of thirty consecutive days.18189
Notwithstanding the terms of imprisonment provided in Chapter18190
2929. of the Revised Code, the court may sentence the offender to18191
a longer jail term of not more than one year. The court shall not18192
sentence the offender to a term of electronically monitored house18193
arrest in lieu of the mandatory portion of the jail term. 18194

       (b) Notwithstanding the fines set forth in Chapter 2929. of18195
the Revised Code, a fine of not less than five hundred and not18196
more than two thousand five hundred dollars;18197

       (c) A license suspension under division (E) of this section;18198

       (d) If the vehicle the offender was operating at the time of18199
the offense is registered in the offender's name, criminal18200
forfeiture to the state of the offender's vehicle. The order of18201
criminal forfeiture shall be issued and enforced in accordance18202
with section 4503.234 of the Revised Code. If title to a motor18203
vehicle that is subject to an order for criminal forfeiture under18204
this division is assigned or transferred and division (B)(2) or18205
(3) of section 4503.234 of the Revised Code applies, the court may18206
fine the offender the value of the vehicle as determined by18207
publications of the national auto dealer's association. The18208
proceeds from any fine so imposed shall be distributed in18209
accordance with division (C)(2) of section 4503.234 of the Revised18210
Code.18211

       (C) No court shall impose an alternative sentence of18212
electronically monitored house arrest under division (B)(1) or (2)18213
of this section unless, within sixty days of the date of18214
sentencing, the court issues a written finding on the record that,18215
due to the unavailability of space at the jail where the offender18216
is required to serve the jail term imposed, the offender will not18217
be able to begin serving that term within the sixty-day period18218
following the date of sentencing.18219

       An offender sentenced under this section to a period of18220
electronically monitored house arrest shall be permitted work18221
release during that period.18222

       (D) Fifty per cent of any fine imposed by a court under18223
division (B)(1), (2), or (3) of this section shall be deposited18224
into the county indigent drivers alcohol treatment fund or18225
municipal indigent drivers alcohol treatment fund under the18226
control of that court, as created by the county or municipal18227
corporation pursuant to division (H) of section 4511.191 of the18228
Revised Code.18229

       (E) In addition to or independent of all other penalties18230
provided by law or ordinance, the trial judge of any court of18231
record or the mayor of a mayor's court shall impose on an offender18232
who is convicted of or pleads guilty to a violation of this18233
section a class seven suspension of the offender's driver's or18234
commercial driver's license or permit or nonresident operating18235
privilege from the range specified in division (A)(7) of section18236
4510.02 of the Revised Code.18237

       When permitted as specified in section 4510.021 of the18238
Revised Code, if the court grants limited driving privileges18239
during a suspension imposed under this section, the privileges18240
shall be granted on the additional condition that the offender18241
must display restricted license plates, issued under section18242
4503.231 of the Revised Code, on the vehicle driven subject to the18243
privileges, except as provided in division (B) of that section.18244

       A suspension of a commercial driver's license under this18245
section shall be concurrent with any period of suspension or18246
disqualification under section 3123.58 or 4506.16 of the Revised18247
Code. No person who is disqualified for life from holding a18248
commercial driver's license under section 4506.16 of the Revised18249
Code shall be issueda driver's license under Chapter 4507. of the18250
Revised Code during the period for which the commercial driver's18251
license was suspended under this section, and no person whose18252
commercial driver's license is suspended under this section shall18253
be issued a driver's license under Chapter 4507. of the Revised18254
Code during the period of the suspension.18255

       (F) As used in this section:18256

       (1) "Electronically monitored house arrest" has the same18257
meaning as in section 2929.23 of the Revised Code.18258

       (2) "Equivalent offense" means any of the following:18259

       (a) A violation of a municipal ordinance, law of another18260
state, or law of the United States that is substantially18261
equivalent to division (A) of this section;18262

       (b) A violation of a former law of this state that was18263
substantially equivalent to division (A) of this section. 18264

       (3) "Jail" has the same meaning as in section 2929.01 of the18265
Revised Code.18266

       (4) "Mandatory jail term" means the mandatory term in jail18267
of three, ten, or thirty consecutive days that must be imposed18268
under division (B)(1), (2), or (3) of this section upon an18269
offender convicted of a violation of division (A) of this section18270
and in relation to which all of the following apply:18271

       (a) Except as specifically authorized under this section,18272
the term must be served in a jail.18273

       (b) Except as specifically authorized under this section,18274
the term cannot be suspended, reduced, or otherwise modified18275
pursuant to section 2929.51, 2951.02, or any other provision of18276
the Revised Code.18277

       Sec. 4507.34.        Sec. 4510.15.  Whenever a person is found guilty of18278
reckless operation of a motor vehicle under the laws of this state18279
or under any ordinance of any political subdivision of this state,18280
of operating a motor vehicle in violation of such laws or18281
ordinances, relating to reckless operation, the trial court of any18282
court of record may, in addition to or independent of all other18283
penalties provided by law, suspend for any period of time or18284
revoke themay impose a class five suspension of the offender's18285
driver's license or commercial driver's license of any person so18286
convicted or pleading guilty to such offenses for any period that18287
it determines, not to exceed one yearor permit or nonresident18288
operating privilege from the range specified in division (A)(5) of18289
section 4510.02 of the Revised Code.18290

       Suspension of a commercial driver's license under this18291
section shall be concurrent with any period of suspension18292
disqualification under section 3123.6113123.58 or 4506.16 of the18293
Revised Code or period of suspension under section 3123.58 of the18294
Revised Code. No person who is disqualified for life from holding18295
a commercial driver's license under section 4506.16 of the Revised18296
Code shall be issued a driver's license under this chapterChapter18297
4507. of the Revised Code during the period for which the18298
commercial driver's license was suspended under this section, and18299
no person whose commercial driver's license is suspended under18300
this section shall be issued a driver's license under this chapter18301
Chapter 4507. of the Revised Code during the period of the18302
suspension.18303

       Sec. 4510.16.  (A) No person, whose driver's or commercial18304
driver's license or temporary instruction permit or nonresident's18305
operating privilege has been suspended or canceled pursuant to18306
Chapter 4509. of the Revised Code, shall operate any motor vehicle18307
within this state, or knowingly permit any motor vehicle owned by18308
the person to be operated by another person in the state, during18309
the period of the suspension or cancellation, except as18310
specifically authorized by Chapter 4509. of the Revised Code. No18311
person shall operate a motor vehicle within this state, or18312
knowingly permit any motor vehicle owned by the person to be18313
operated by another person in the state, during the period in18314
which the person is required by section 4509.45 of the Revised18315
Code to file and maintain proof of financial responsibility for a18316
violation of section 4509.101 of the Revised Code, unless proof of18317
financial responsibility is maintained with respect to that18318
vehicle.18319

       (B)(1) Whoever violates this section is guilty of driving18320
under financial responsibility law suspension or cancellation, a18321
misdemeanor of the first degree. The court shall impose a class 18322
seven suspension of the offender's driver's or commercial driver's18323
license or permit or nonresident operating privilege for the18324
period of time specified in division (A)(7) of section 4510.02 of18325
the Revised Code.18326

       (2) If the vehicle is registered in the offender's name, the18327
court, in addition to or independent of any other sentence that it18328
imposes upon the offender, shall do one of the following:18329

       (a) Except as otherwise provided in division (B)(2)(b) or (c)18330
of this section, order the immobilization for thirty days of the18331
vehicle involved in the offense and the impoundment for thirty18332
days of the license plates of that vehicle;18333

       (b) If the offender previously has been convicted of or18334
pleaded guilty to one violation of this section or a substantially18335
similar municipal ordinance, order the immobilization for sixty18336
days of the vehicle involved in the offense and impoundment for18337
sixty days of the license plates of that vehicle;18338

       (c) If the offender previously has been convicted of or18339
pleaded guilty to two or more violations of this section or a18340
substantially similar municipal ordinance, order the criminal18341
forfeiture to the state of the vehicle involved in the offense. If 18342
title to a motor vehicle that is subject to an order for criminal 18343
forfeiture under this division is assigned or transferred and 18344
division (B)(2) or (3) of section 4503.234 of the Revised Code18345
applies, in addition to or independent of any other penalty18346
established by law, the court may fine the offender the value of18347
the vehicle as determined by publications of the national auto18348
dealers association. The proceeds from any fine so imposed shall18349
be distributed in accordance with division (C)(2) of that section.18350

       (C) Any order for immobilization and impoundment under this18351
section shall be issued and enforced in accordance with sections18352
4503.233 and 4507.02 of the Revised Code, as applicable. Any18353
order of criminal forfeiture shall be issued and enforced in18354
accordance with section 4503.234 of the Revised Code. The court18355
shall not release a vehicle from immobilization orders under this18356
section unless the court is presented with current proof of18357
financial responsibility with respect to that vehicle.18358

       Sec. 4507.361.        Sec. 4510.161.  (A) The requirements and sanctions18359
imposed by divisions (B) and (C) of this section are an adjunct to18360
and derive from the state's exclusive authority over the18361
registration and titling of motor vehicles and do not comprise a18362
part of the criminal sentence to be imposed upon a person who18363
violates a municipal ordinance that is substantially equivalent to18364
section 4510.14 or to division (B)(1) or (D)(2)(A) of section18365
4507.024510.16 of the Revised Code.18366

       (B) If a person is convicted of or pleads guilty to a18367
municipal ordinance that is substantially equivalent to division18368
(B)(1)(A) of section 4507.024510.16 of the Revised Code, the18369
court, in addition to and independent of any sentence that it18370
imposes upon the offender for the offense, regardless of whether18371
if the vehicle the offender was operating at the time of the18372
offense is registered in histhe offender's name or in the name of18373
another person, and subject to section 4503.235 of the Revised18374
Code, shall do whichever of the following is applicable:18375

       (1) If, within five years of the current offense, the18376
offender has not been convicted of or pleaded guilty to a18377
violation of division (A) of section 4510.16 or former division18378
(B)(1) of section 4507.02 of the Revised Code or a municipal18379
ordinance that is substantially equivalent to thateither18380
division, the court shall order the immobilization for thirty days18381
of the vehicle the offender was operating at the time of the18382
offense and the impoundment for thirty days of the identification18383
license plates of that vehicle.18384

       (2) If, within five years of the current offense, the18385
offender has been convicted of or pleaded guilty to one violation18386
of division (A) of section 4510.16 or former division (B)(1) of18387
section 4507.02 of the Revised Code or a municipal ordinance that18388
is substantially equivalent to thateither division, the court18389
shall order the immobilization for sixty days of the vehicle the18390
offender was operating at the time of the offense and the18391
impoundment for sixty days of the identification license plates of18392
that vehicle.18393

       (3) If, within five years of the current offense, the18394
offender has been convicted of or pleaded guilty to two or more18395
violations of division (A) of section 4510.16 or former division18396
(B)(1) of section 4507.02 of the Revised Code or a municipal18397
ordinance that is substantially equivalent to thateither18398
division, the court shall order the criminal forfeiture to the18399
state of the vehicle the offender was operating at the time of the18400
offense. The order of criminal forfeiture shall be issued and18401
enforced in accordance with section 4503.234 of the Revised Code.18402

       (C) If a person is convicted of or pleads guilty to a18403
municipal ordinance that is substantially equivalent to division18404
(D)(2) of section 4507.024510.14 of the Revised Code, the court,18405
in addition to and independent of any sentence that it imposes18406
upon the offender for the offense, regardless of whetherif the18407
vehicle the offender was operating at the time of the offense is18408
registered in histhe offender's name or in the name of another18409
person, and subject to section 4503.235 of the Revised Code, shall18410
do whichever of the following is applicable:18411

       (1) If, within five years of the current offense, the18412
offender has not been convicted of or pleaded guilty to a18413
violation of section 4510.14 or former division (D)(2) of section18414
4507.02 of the Revised Code or a municipal ordinance that is18415
substantially equivalent to that section or former division, the18416
court shall order the immobilization for thirty days of the18417
vehicle the offender was operating at the time of the offense and18418
the impoundment for thirty days of the identification license18419
plates of that vehicle.18420

       (2) If, within five years of the current offense, the18421
offender has been convicted of or pleaded guilty to one violation18422
of section 4510.14 or former division (D)(2) of section 4507.02 of18423
the Revised Code or a municipal ordinance that is substantially18424
equivalent to that section or former division, the court shall18425
order the immobilization for sixty days of the vehicle the18426
offender was operating at the time of the offense and the18427
impoundment for sixty days of the identification license plates of18428
that vehicle.18429

       (3) If, within five years of the current offense, the18430
offender has been convicted of or pleaded guilty to two or more18431
violations of section 4510.14 or former division (D)(2) of section18432
4507.02 of the Revised Code or a municipal ordinance that is18433
substantially equivalent to that section or former division, the18434
court shall order the criminal forfeiture to the state of the18435
vehicle the offender was operating at the time of the offense.18436

       (D) An order of criminal forfeiture issued pursuant to this18437
section shall be issued and enforced in accordance with section18438
4503.234 of the Revised Code. An order for the immobilization and18439
impoundment of a vehicle that issued pursuant to this section18440
shall be issued and enforced in accordance with section 4503.23318441
of the Revised Code.18442

       Sec. 4507.169.        Sec. 4510.17.  (A) The registrar of motor vehicles18443
shall suspend for the period of time specified in this division18444
the driver's or commercial driver's license or permit of, or deny18445
for such period of time the issuance of a driver's or commercial18446
driver's license or permit to,impose a class D suspension of the18447
person's driver's license, commercial driver's license, temporary18448
instruction permit, probationary license, or nonresident operating18449
privilege for the period of time specified in division (B)(4) of18450
section 4510.02 of the Revised Code on any person who is a18451
resident of this state and is convicted of or pleads guilty to a18452
violation of a statute of any other state or any federal statute18453
that is substantially similar to section 2925.02, 2925.03,18454
2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13,18455
2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.3718456
of the Revised Code. Upon receipt of a report from a court, court18457
clerk, or other official of any other state or from any federal18458
authority that a resident of this state was convicted of or18459
pleaded guilty to an offense described in this division, the18460
registrar shall send a notice by regular first class mail to the18461
person, at the person's last known address as shown in the records18462
of the bureau of motor vehicles, informing the person of the18463
suspension or denial, that the suspension or denial will take18464
effect twenty-one days from the date of the notice, and that, if18465
the person wishes to appeal the suspension or denial, the person18466
must file a notice of appeal within twenty-one days of the date of18467
the notice requesting a hearing on the matter. If the person18468
requests a hearing, the registrar shall hold the hearing not more18469
than forty days after receipt by the registrar of the notice of18470
appeal. The filing of a notice of appeal does not stay the18471
operation of the suspension or denial that must be imposed18472
pursuant to this division. The scope of the hearing shall be18473
limited to whether the person actually was convicted of or pleaded18474
guilty to the offense for which the suspension or denial is to be18475
imposed.18476

       The period of suspension or denial the registrar is required18477
to impose under this division shall end either on the last day of18478
any period ofthe class D suspension period or of the suspension18479
of the person's nonresident operating privilege imposed by the18480
state or federal court located in the other state, or the date six18481
months and twenty-one days from the date of the notice sent by the18482
registrar to the person under this division, whichever is earlier.18483

       The registrar shall subscribe to or otherwise participate in18484
any information system or register, or enter into reciprocal and18485
mutual agreements with other states and federal authorities, in18486
order to facilitate the exchange of information with other states18487
and the United States government regarding persons who plead18488
guilty to or are convicted of offenses described in this division18489
and therefore are subject to the suspension or denial described in18490
this division.18491

       (B) The registrar shall suspend for the period of time18492
specified in this division the driver's or commercial driver's18493
license or permit of, or deny for such period of time the issuance18494
of a driver's or commercial driver's license or permit to,impose18495
a class D suspension of the person's driver's license, commercial18496
driver's license, temporary instruction permit, probationary18497
license, or nonresident operating privilege for the period of time18498
specified in division (B)(4) of section 4510.02 of the Revised18499
Code on any person who is a resident of this state and is18500
convicted of or pleads guilty to a violation of a statute of any18501
other state or a municipal ordinance of a municipal corporation18502
located in any other state that is substantially similar to18503
section 4511.19 of the Revised Code. Upon receipt of a report18504
from another state made pursuant to section 4507.604510.61 of the18505
Revised Code indicating that a resident of this state was18506
convicted of or pleaded guilty to an offense described in this18507
division, the registrar shall send a notice by regular first class18508
mail to the person, at the person's last known address as shown in18509
the records of the bureau of motor vehicles, informing the person18510
of the suspension or denial, that the suspension or denial will18511
take effect twenty-one days from the date of the notice, and that,18512
if the person wishes to appeal the suspension or denial, the18513
person must file a notice of appeal within twenty-one days of the18514
date of the notice requesting a hearing on the matter. If the18515
person requests a hearing, the registrar shall hold the hearing18516
not more than forty days after receipt by the registrar of the18517
notice of appeal. The filing of a notice of appeal does not stay18518
the operation of the suspension or denial that must be imposed18519
pursuant to this division. The scope of the hearing shall be18520
limited to whether the person actually was convicted of or pleaded18521
guilty to the offense for which the suspension or denial is to be18522
imposed.18523

       The period of suspension or denial the registrar is required18524
to impose under this division shall end either on the last day of18525
any period ofthe class D suspension period or of the suspension18526
of the person's nonresident operating privilege imposed by the18527
state or federal court located in the other state, or the date six18528
months and twenty-one days from the date of the notice sent by the18529
registrar to the person under this division, whichever is earlier.18530

       (C) The registrar shall suspend for the period of time18531
specified in this division the driver's or commercial driver's18532
license or permit of, or deny for such period of time the issuance18533
of a driver's or commercial driver's license or permit to,impose18534
a class D suspension of the child's driver's license, commercial18535
driver's license, temporary instruction permit, or nonresident18536
operating privilege for the period of time specified in division18537
(B)(4) of section 4510.02 of the Revised Code on any child who is18538
a resident of this state and is convicted of or pleads guilty to a18539
violation of a statute of any other state or any federal statute18540
that is substantially similar to section 2925.02, 2925.03,18541
2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13,18542
2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.3718543
of the Revised Code. Upon receipt of a report from a court, court18544
clerk, or other official of any other state or from any federal18545
authority that a child who is a resident of this state was18546
convicted of or pleaded guilty to an offense described in this18547
division, the registrar shall send a notice by regular first class18548
mail to the child, at the child's last known address as shown in18549
the records of the bureau of motor vehicles, informing the child18550
of the suspension or denial, that the suspension or denial will18551
take effect twenty-one days from the date of the notice, and that,18552
if the child wishes to appeal the suspension or denial, the child18553
must file a notice of appeal within twenty-one days of the date of18554
the notice requesting a hearing on the matter. If the child18555
requests a hearing, the registrar shall hold the hearing not more18556
than forty days after receipt by the registrar of the notice of18557
appeal. The filing of a notice of appeal does not stay the18558
operation of the suspension or denial that must be imposed18559
pursuant to this division. The scope of the hearing shall be18560
limited to whether the child actually was convicted of or pleaded18561
guilty to the offense for which the suspension or denial is to be18562
imposed.18563

       The period of suspension the registrar is required to impose18564
under this division shall end either on the last day of any period18565
ofthe class D suspension period or of the suspension of the18566
child's nonresident operating privilege imposed by the state or18567
federal court located in the other state, or the date six months18568
and twenty-one days from the date of the notice sent by the18569
registrar to the child under this division, whichever is earlier.18570
If the child is a resident of this state who is sixteen years of18571
age or older and does not have a current, valid Ohio driver's or18572
commercial driver's license or permit, the notice shall inform the18573
child that the child will be denied issuance of a driver's or18574
commercial driver's license or permit for six months beginning on18575
the date of the notice. If the child has not attained the age of18576
sixteen years on the date of the notice, the notice shall inform18577
the child that the period of denial of six months shall commence18578
on the date the child attains the age of sixteen years.18579

       The registrar shall subscribe to or otherwise participate in18580
any information system or register, or enter into reciprocal and18581
mutual agreements with other states and federal authorities, in18582
order to facilitate the exchange of information with other states18583
and the United States government regarding children who are18584
residents of this state and plead guilty to or are convicted of18585
offenses described in this division and therefore are subject to18586
the suspension or denial described in this division.18587

       (D) The registrar shall suspend for the period of time18588
specified in this division the driver's or commercial driver's18589
license or permit of, or deny for such period of time the issuance18590
of a driver's or commercial driver's license or permit to,impose18591
a class D suspension of the child's driver's license, commercial18592
driver's license, temporary instruction permit, probationary18593
license, or nonresident operating privilege for the period of time18594
specified in division (B)(4) of section 4510.02 of the Revised18595
Code on any child who is a resident of this state and is convicted18596
of or pleads guilty to a violation of a statute of any other state18597
or a municipal ordinance of a municipal corporation located in any18598
other state that is substantially similar to section 4511.19 of18599
the Revised Code. Upon receipt of a report from another state18600
made pursuant to section 4507.604510.61 of the Revised Code18601
indicating that a child who is a resident of this state was18602
convicted of or pleaded guilty to an offense described in this18603
division, the registrar shall send a notice by regular first class18604
mail to the child, at the child's last known address as shown in18605
the records of the bureau of motor vehicles, informing the child18606
of the suspension or denial, that the suspension or denial will18607
take effect twenty-one days from the date of the notice, and that,18608
if the child wishes to appeal the suspension or denial, the child18609
must file a notice of appeal within twenty-one days of the date of18610
the notice requesting a hearing on the matter. If the child18611
requests a hearing, the registrar shall hold the hearing not more18612
than forty days after receipt by the registrar of the notice of18613
appeal. The filing of a notice of appeal does not stay the18614
operation of the suspension or denial that must be imposed18615
pursuant to this division. The scope of the hearing shall be18616
limited to whether the child actually was convicted of or pleaded18617
guilty to the offense for which the suspension or denial is to be18618
imposed.18619

       The period of suspension the registrar is required to impose18620
under this division shall end either on the last day of any period18621
ofthe class D suspension period or of the suspension of the18622
child's nonresident operating privilege imposed by the state or18623
federal court located in the other state, or the date six months18624
and twenty-one days from the date of the notice sent by the18625
registrar to the child under this division, whichever is earlier.18626
If the child is a resident of this state who is sixteen years of18627
age or older and does not have a current, valid Ohio driver's or18628
commercial driver's license or permit, the notice shall inform the18629
child that the child will be denied issuance of a driver's or18630
commercial driver's license or permit for six months beginning on18631
the date of the notice. If the child has not attained the age of18632
sixteen years on the date of the notice, the notice shall inform18633
the child that the period of denial of six months shall commence18634
on the date the child attains the age of sixteen years.18635

       (E) Any person whose license or permit has been suspended18636
pursuant to division (B) or (D) of this section may file a18637
petition in the municipal or county court, or in case the person18638
is under eighteen years of age, the juvenile court, in whose18639
jurisdiction the person resides, agreeing to pay the cost of the18640
proceedings and alleging that the suspension would seriously18641
affect the person's ability to continue the person's employment.18642
Upon satisfactory proof that there is reasonable cause to believe18643
that the suspension would seriously affect the person's ability to18644
continue the person's employment, the judge may grant the person18645
occupationallimited driving privileges during the period during18646
which the suspension otherwise would be imposed, except that the18647
judge shall not grant occupationallimited driving privileges for18648
employment as a driver of a commercial motor vehicle to any person18649
who would be disqualified from operating a commercial motor18650
vehicle under section 4506.16 of the Revised Code if the violation18651
had occurred in this state, or during any of the following periods18652
of time:18653

       (1) The first fifteen days of the suspension, if the person18654
has not been convicted within fivesix years of the date of the18655
offense giving rise to the suspension under this section of a18656
violation of any of the following:18657

       (a) Section 4511.19 of the Revised Code, of a municipal18658
ordinance relating to operating a vehicle while under the18659
influence of alcohol, a drug of abuse, or alcohol and a drug of18660
abuse;18661

       (b) A municipal ordinance relating to operating a motor18662
vehicle with a prohibited concentration of alcohol in the blood,18663
breath, or urine;18664

       (c) Section 2903.04 of the Revised Code in a case in which18665
the person was subject to the sanctions described in division (D)18666
of that section;18667

       (d) Division (A)(1) of section 2903.06 or division (A)(1) of18668
section 2903.08 of the Revised Code or a municipal ordinance that18669
is substantially similar to either of those divisions;18670

       (e) Division (A)(2), (3), or (4) of section 2903.06,18671
division (A)(2) of section 2903.08, or formeras it existed prior18672
to March 23, 2000 section 2903.07 of the Revised Code, or a18673
municipal ordinance that is substantially similar to any of those18674
divisions or that former section, in a case in which the jury or18675
judge found that the person was under the influence of alcohol, a18676
drug of abuse, or alcohol and a drug of abuse.18677

       (2) The first thirty days of the suspension, if the person18678
has been convicted one time within fivesix years of the date of18679
the offense giving rise to the suspension under this section of18680
any violation identified in division (E)(1) of this section.18681

       (3) The first one hundred eighty days of the suspension, if18682
the person has been convicted two times within fivesix years of18683
the date of the offense giving rise to the suspension under this18684
section of any violation identified in division (E)(1) of this18685
section.18686

       (4) No occupationallimited driving privileges may be18687
granted if the person has been convicted three or more times18688
within five years of the date of the offense giving rise to the18689
suspension under this section of any violation identified in18690
division (E)(1) of this section.18691

       If a person petitions for occupationallimited driving18692
privileges under division (E) of this section, the registrar shall18693
be represented by the county prosecutor of the county in which the18694
person resides if the petition is filed in a juvenile court or18695
county court, except that if the person resides within a city or18696
village that is located within the jurisdiction of the county in18697
which the petition is filed, the city director of law or village18698
solicitor of that city or village shall represent the registrar.18699
If the petition is filed in a municipal court, the registrar shall18700
be represented as provided in section 1901.34 of the Revised Code.18701

       In granting occupationallimited driving privileges under18702
division (E) of this section, the court may impose any condition18703
it considers reasonable and necessary to limit the use of a18704
vehicle by the person. The court shall deliver to the person a18705
permit card, in a form to be prescribed by the court, setting18706
forth the time, place, and other conditions limiting the person's18707
use of a motor vehicle. The grant of occupationallimited driving18708
privileges shall be conditioned upon the person's having the18709
permit in the person's possession at all times during which the18710
person is operating a vehicle.18711

       A person granted occupationallimited driving privileges who18712
operates a vehicle for other than occupationallimited purposes,18713
in violation of any condition imposed by the court or without18714
having the permit in the person's possession, is guilty of a18715
violation of division (D)(1) of section 4507.024510.11 of the18716
Revised Code.18717

       (F) As used in divisions (C) and (D) of this section:18718

       (1) "Child" means a person who is under the age of eighteen18719
years, except that any person who violates a statute or ordinance18720
described in division (C) or (D) of this section prior to18721
attaining eighteen years of age shall be deemed a "child"18722
irrespective of the person's age at the time the complaint or18723
other equivalent document is filed in the other state or a18724
hearing, trial, or other proceeding is held in the other state on18725
the complaint or other equivalent document, and irrespective of18726
the person's age when the period of license suspension or denial18727
prescribed in division (C) or (D) of this section is imposed.18728

       (2) "Is convicted of or pleads guilty to" means, as it18729
relates to a child who is a resident of this state, that in a18730
proceeding conducted in a state or federal court located in18731
another state for a violation of a statute or ordinance described18732
in division (C) or (D) of this section, the result of the18733
proceeding is any of the following:18734

       (a) Under the laws that govern the proceedings of the court,18735
the child is adjudicated to be or admits to being a delinquent18736
child or a juvenile traffic offender for a violation described in18737
division (C) or (D) of this section that would be a crime if18738
committed by an adult;18739

       (b) Under the laws that govern the proceedings of the court,18740
the child is convicted of or pleads guilty to a violation18741
described in division (C) or (D) of this section;18742

       (c) Under the laws that govern the proceedings of the court,18743
irrespective of the terminology utilized in those laws, the result18744
of the court's proceedings is the functional equivalent of18745
division (F)(2)(a) or (b) of this section.18746

       Sec. 4510.21.  (A) No person whose driver's license,18747
commercial driver's license, temporary instruction permit, or18748
nonresident's operating privilege has been suspended shall operate18749
any motor vehicle upon a public road or highway or any public or18750
private property after the suspension has expired unless the18751
person has complied with all license reinstatement requirements18752
imposed by the court, the bureau of motor vehicles, or another18753
provision of the Revised Code.18754

       (B) Whoever violates this section is guilty of failure to18755
reinstate a license, a misdemeanor of the first degree. The court18756
may impose upon the offender a class seven suspension of the18757
offender's driver's license, commercial driver's license,18758
temporary instruction permit, probationary driver's license, or18759
nonresident operating privilege from the range specified in18760
division (A)(7) of section 4510.02 of the Revised Code.18761

       Sec. 4507.168.        Sec. 4510.22.  (A) If a person who has a current18762
valid Ohio driver's or, commercial driver's license,or temporary18763
instruction permit is charged with a violation of any provision in18764
sections 4511.01 to 4511.76, section 4511.84, any provision in18765
sections 4513.01 to 4513.65, or any provision in sections 4549.0118766
to 4549.65 of the Revised Code that is classified as a misdemeanor18767
of the first, second, third, or fourth degree or with a violation18768
of any substantially equivalent municipal ordinance that is18769
substantially comparable to any provision of any of these sections18770
and if the person either fails to appear in court at the required18771
time and place to answer the charge or pleads guilty to or is18772
found guilty of the violation and fails within the time allowed by18773
the court to pay the fine imposed by the court, the court shall18774
declare the forfeituresuspension of the person's license. Thirty18775
days after the declaration of forfeiture, the court shall inform18776
the registrar of motor vehicles of the forfeituredeclaration by18777
entering information relative to the forfeituredeclaration on a18778
form approved and furnished by the registrar and sending the form18779
to the registrar. The court also shall forward the person's18780
license, if it is in the possession of the court, to the18781
registrar. The18782

       The registrar shall suspendimpose a class F suspension of18783
the person's driver's or commercial driver's license, or temporary18784
instruction permit for the period of time specified in division18785
(B)(6) of section 4510.02 of the Revised Code on any person who is18786
named in a declaration received by the registrar under this18787
section. The registrar shall send written notification of the18788
suspension to the person of the suspension at the person's last18789
known address, and, if the person is in possession of the license,18790
order the person to surrender the person's driver's or commercial18791
driver's license or permit to the registrar within forty-eight18792
hours. No18793

       No valid driver's or commercial driver's license shall be18794
granted to the person after the suspension, unless the court18795
having jurisdiction of the offense that led to the suspension18796
orders that the forfeituresuspension be terminated. The court18797
shall so order the termination of the suspension if the person,18798
after having failed to appear in court at the required time and18799
place to answer the charge or after having pleaded guilty to or18800
been found guilty of the violation and having failed within the18801
time allowed by the court to pay the fine imposed by the court,18802
thereafter appears to answer the charge and pays any fine imposed18803
by the court or pays the fine originally imposed by the court. The18804
court shall inform the registrar of the termination of the18805
forfeituresuspension by entering information relative to the18806
termination on a form approved and furnished by the registrar and18807
sending the form to the registrar. The court also shall charge18808
and collect from the person shall pay to the bureau of motor18809
vehicles a fifteen-dollar processing fee to cover the costs of the18810
bureau of motor vehicles in administering this section. The clerk18811
of the court shall transmit monthly all such processing fees to18812
the registrar forshall deposit the fee into the state bureau of18813
motor vehicles fund created by section 4501.25 of the Revised18814
Code.18815

       (B) In addition to suspending the driver's or commercial18816
driver's license or permit of the person named in a declaration of18817
forfeituresuspension, the registrar, upon receipt from the court18818
of the copy of the declaration of forfeituresuspension, shall18819
take any measures that may be necessary to ensure that neither the18820
registrar nor any deputy registrar accepts any application for the18821
registration or transfer of registration of any motor vehicle18822
owned or leased by the person named in the declaration of18823
forfeiture. However, for a motor vehicle leased by a person named18824
in a declaration of forfeiture, the registrar shall not implement18825
the preceding sentence until the registrar adopts procedures for18826
that implementation under section 4503.39 of the Revised Code. The18827
period of denial of registration or transfer shall continue until18828
such time as the court having jurisdiction of the offense that led18829
to the suspension of the person's driver's or commercial driver's18830
license orders the forfeituresuspension to be terminated. Upon18831
receipt by the registrar of an order terminating the forfeiture18832
suspension, the registrar also shall take any measures that may be18833
necessary to permit the person to register a motor vehicle owned18834
or leased by the person or to transfer the registration of such a18835
motor vehicle, if the person later makes application to take such18836
action and otherwise is eligible to register the motor vehicle or18837
to transfer its registration.18838

       The registrar shall not be required to give effect to any18839
declaration of forfeituresuspension or order terminating a18840
forfeituresuspension provided by a court under this section18841
unless the information contained in the declaration or order is18842
transmitted to the registrar by means of an electronic transfer18843
system.18844

       (C) The period of license suspension imposed pursuant to18845
division (A) of this section is independent of any other period of18846
license suspension that the court having jurisdiction over the18847
offense may impose, and the period of license suspension imposed18848
pursuant to that division and the period of denial relating to the18849
issuance or transfer of a certificate of registration for a motor18850
vehicle imposed pursuant to this division (B) of this section18851
remains in effect until the person pays any fine imposed by the18852
court relative to the offense.18853

       Sec. 4507.161.        Sec. 4510.23.  When any person having a driver's or18854
commercial driver's license is adjudicated incompetent for the18855
purpose of holding the license, as provided in section 5122.301 of18856
the Revised Code, the probate judge shall order the license of18857
suchthe person delivered to the court. The court shall forward18858
suchthe license with notice of suchthe adjudication to the18859
registrar of motor vehicles. The registrar of motor vehicles18860
shall suspend such licenseimpose a class F suspension of the18861
person's driver's or commercial driver's license for the period of18862
time specified in division (B)(6) of section 4510.02 of the18863
Revised Code. The suspension shall remain in effect until receipt18864
of written notice by the head of the hospital, or other agency18865
which has or had custody of such person, that such person's mental18866
illness is not an impairment to such person's ability to operate a18867
motor vehicle, or upon receipt of notice from the adjudicating18868
court that such person has been restored to competency by court18869
decree.18870

       Sec. 4507.162.        Sec. 4510.31.  (A)(1) Except as provided in18871
division (C) of this section, the registrar of motor vehicles18872
shall suspend the probationary driver's license, restricted18873
license, or temporary instruction permit issued to any person when18874
the person has been convicted of, pleaded guilty to, or been18875
adjudicated in juvenile court of having committed, prior to the18876
person's eighteenth birthday, any of the following:18877

       (1)(a) Three separate violations of section 2903.06,18878
2903.08, 2921.331, 4511.12, 4511.13, 4511.15, 4511.191, 4511.192,18879
4511.20, 4511.201, 4511.202, 4511.21, 4511.22, 4511.23, 4511.25 to18880
4511.48, 4511.57 to 4511.65, 4511.75, 4549.02, 4549.021, or18881
4549.03 of the Revised Code, section 4510.14 of the Revised Code18882
involving a suspension imposed under section 4511.191 or 4511.19618883
of the Revised Code, section 2903.04 of the Revised Code in a case18884
in which the person would have been subject to the sanctions18885
described in division (D) of that section had the person been18886
convicted of the violation of that section, former section 2903.0718887
of the Revised Code, or any municipal ordinances similarly18888
relating to the offenses referred to in those sections;18889

       (2)(b) One violation of section 4511.19 of the Revised Code18890
or a substantially similar municipal ordinance;18891

       (3)(c) Two separate violations of any of the Revised Code18892
sections referred to in division (A)(1)(a) of this section, or any18893
municipal ordinance that is substantially similar to any of those18894
sections.18895

       (2) Any person whose license or permit is suspended under18896
division (A)(1)(a), (2)(b), or (3)(c) of this section shall mail18897
or deliver the person's probationary driver's license, restricted18898
license, or temporary instruction permit to the registrar within18899
fourteen days of notification of the suspension. The registrar18900
shall retain the license or permit during the period of the18901
suspension. A suspension pursuant to division (A)(1)(a) of this18902
section shall remain in effect until one year has elapsed since18903
the date of suspension of the probationary driver's license,18904
restricted license, or temporary instruction permitbe a class C18905
suspension, a suspension pursuant to division (A)(2)(1)(b) of this18906
section shall remain in effect until six months have elapsed since18907
the date of the suspensionbe a class D suspension, and a18908
suspension pursuant to division (A)(3)(1)(c) of this section shall18909
remain in effect until ninety days have elapsed since the date of18910
the suspensionbe a class E suspension, all for the periods of18911
time specified in division (B) of section 4510.02 of the Revised18912
Code. If the person's probationary driver's license, restricted18913
license, or temporary instruction permit is under suspension on18914
the date the court imposes sentence upon the person for a18915
violation described in division (A)(2)(1)(b) of this section, the18916
suspension shall take effect on the next day immediately following18917
the end of that period of suspension. If the person is sixteen18918
years of age or older and pleads guilty to or is convicted of a18919
violation described in division (A)(2)(1)(b) of this section and18920
the person does not have a current, valid probationary driver's18921
license, restricted license, or temporary instruction permit, the18922
registrar shall deny the issuance to the person of a probationary18923
driver's license, restricted license, driver's license, commercial18924
driver's license, or temporary instruction permit, as the case may18925
be, for six months beginning on the date the court imposes18926
sentence upon the person for the violation. If the person has not18927
attained the age of sixteen years on the date the court imposes18928
sentence upon the person for the violation, the period of denial18929
shall commence on the date the person attains the age of sixteen18930
years.18931

       (B) The registrar also shall suspendimpose a class D18932
suspension for the period of time specified in division (B)(4) of18933
section 4510.02 of the Revised Code of the temporary instruction18934
permit or probationary driver's license of any person under the18935
age of eighteen who has been adjudicated an unruly child,18936
delinquent child, or a juvenile traffic offender for having18937
committed any act that if committed by an adult would be a drug18938
abuse offense as defined in section 2925.01 of the Revised Code,18939
or a violation of division (B) of section 2917.11 of the Revised18940
Code until the person reaches the age of eighteen years or18941
attends.The registrar, in the registrar's discretion, may18942
terminate the suspension if the child, at the discretion of the18943
court, attends and satisfactorily completes a drug abuse or18944
alcohol abuse education, intervention, or treatment program18945
specified by the court. Any person whose temporary instruction18946
permit or probationary driver's license is suspended under this18947
division shall mail or deliver the person's permit or license to18948
the registrar within fourteen days of notification of the18949
suspension. The registrar shall retain the permit or license18950
during the period of the suspension.18951

       (C)(1) A person is not entitled to request, and a court shall18952
not grant to the person, occupational driving privileges under18953
division (C) of this section if a person is convicted of, pleads18954
guilty to, or is adjudicated in juvenile court of having committed18955
a third violation of section 4511.12, 4511.13, 4511.15, 4511.20 to18956
4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or18957
4511.75 of the Revised Code or any similar municipal ordinances,18958
and the person, within the preceding seven years, has been18959
convicted of, pleaded guilty to, or adjudicated in juvenile court18960
of having committed three or more violations of one or more of the18961
following:18962

       (a) Division (A) or (B) of section 4511.19 of the Revised18963
Code;18964

       (b) A municipal ordinance relating to operating a vehicle18965
while under the influence of alcohol, a drug of abuse, or alcohol18966
and a drug of abuse;18967

       (c) A municipal ordinance relating to operating a vehicle18968
with a prohibited concentration of alcohol in the blood, breath,18969
or urine;18970

       (d) Section 2903.04 of the Revised Code in a case in which18971
the person was subject to the sanctions described in division (D)18972
of that section;18973

       (e) Division (A)(1) of section 2903.06 or division (A)(1) of18974
section 2903.08 of the Revised Code or a municipal ordinance that18975
is substantially similar to either of those divisions;18976

       (f) Division (A)(2), (3), or (4) of section 2903.06,18977
division (A)(2) of section 2903.08, or former section 2903.07 of18978
the Revised Code, or a municipal ordinance that is substantially18979
similar to any of those divisions or that former section, in a18980
case in which the jury or judge found that the person was under18981
the influence of alcohol, a drug of abuse, or alcohol and a drug18982
of abuse.18983

       (2) ForExcept as provided in division (C)(3) of this18984
section, for any other person who is not described in division18985
(C)(1) of this section and who is convicted of, pleads guilty to,18986
or is adjudicated in juvenile court of having committed a second18987
or third violation of section 4511.12, 4511.13, 4511.15, 4511.2018988
to 4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or18989
4511.75 of the Revised Code or any similar municipal ordinances18990
and whose license or permit is suspended under division (A)(1)(a)18991
or (c) of this section, the court in which the second or third18992
conviction, finding, plea, or adjudication resulting in the18993
suspension was made, upon petition of the person, may grant the18994
person occupationallimited driving privileges during the period18995
during which the suspension otherwise would be imposed under18996
division (A)(1)(a) or (c) of this section if the court finds that18997
the person will reach the person's eighteenth birthday before the18998
period of suspension required to be imposed under division (A)(1)18999
of this section expires and further finds reasonable cause to19000
believe that the suspension, if continued beyond the person's19001
eighteenth birthday, will seriously affect the person's ability to19002
continue in employment,educational training, vocational training,19003
or treatment. The occupational driving privileges granted under19004
this division shall be effective on the person's eighteenth19005
birthday and during the period following such birthday for which19006
the suspension otherwise would be imposed. In granting19007
occupationalthe limited driving privileges, the court shall19008
specify the purposes, times, and places at which the person may19009
driveof the privileges and may impose any other conditions upon19010
the person's use ofdriving a motor vehicle that the court19011
considers reasonable and necessary.19012

       A court that grants occupationallimited driving privileges19013
to a person under this division shall retain the person's19014
probationary driver's license, restricted license, or temporary19015
instruction permit during the period the license or permit is19016
suspended and also during the period for which occupational19017
limited driving privileges are granted, and shall deliver to the19018
person a permit card, in a form to be prescribed by the court,19019
setting forth the date on which the occupationallimited driving19020
privileges will become effective, the purposes for which the19021
person may drive, the times and places at which the person may19022
drive, and any other conditions imposed upon the person's use of a19023
motor vehicle.19024

       The court immediately shall notify the registrar, in writing,19025
of a grant of occupationallimited driving privileges under this19026
division. The notification shall specify the date on which the19027
occupationallimited driving privileges will become effective, the19028
purposes for which the person may drive, the times and places at19029
which the person may drive, and any other conditions imposed upon19030
the person's use of a motor vehicle. The registrar shall not19031
suspend the probationary driver's license, restricted license, or19032
temporary instruction permit of any person pursuant to division19033
(A) of this section during any period for which the person has19034
been granted occupationallimited driving privileges as provided19035
in this division, if the registrar has received the notification19036
described in this division from the court.19037

       (2)Except as provided in division (C)(3) of this section, in19038
any case in which the temporary instruction permit or probationary19039
driver's license of a person under eighteen years of age has been19040
suspended under division (A) or (B) of this section or any other19041
provision of law, the court may grant the person limited driving19042
privileges for the purpose of the person's practicing of driving19043
with the person's parent, guardian, or other custodian during the19044
period of the suspension. Any grant of limited driving privileges19045
under this division shall comply with division (D) of section19046
4510.021 of the Revised Code.19047

       (3) A court shall not grant limited driving privileges to a19048
person identified in division (C)(1) or (2) of this section if the19049
person, within the preceding six years, has been convicted of,19050
pleaded guilty to, or adjudicated in juvenile court of having19051
committed three or more violations of one or more of the divisions19052
or sections set forth in divisions (G)(2)(b) to (g) of section19053
2919.22 of the Revised Code.19054

       (D) If a person who has been granted occupationallimited19055
driving privileges under division (C) of this section is convicted19056
of, pleads guilty to, or is adjudicated in juvenile court of19057
having committed, a violation of section 4507.02Chapter4510. of19058
the Revised Code, or a fourth or subsequent violation of any of19059
the other sections of the Revised Code listed in division19060
(A)(1)(a) of this section or any similar municipal ordinance19061
during the period for which the person was granted occupational19062
limited driving privileges, the court that granted the19063
occupationallimited driving privileges shall revoke them and19064
cancelsuspend the person's permit card. The court or the clerk19065
of the court immediately shall forward the person's probationary19066
driver's license, restricted license, or temporary instruction19067
permit together with written notification of the court's action to19068
the registrar. Upon receipt of the license or permit and19069
notification, the registrar shall suspendimpose a class C19070
suspension of the person's probationary driver's license,19071
restricted license, or temporary instruction permit for athe19072
period of one yeartime specified in division (B)(3) of section19073
4510.02 of the Revised Code. The registrar shall retain the19074
license or permit during the period of suspension, and no further19075
occupationallimited driving privileges shall be granted during19076
that period.19077

       (E) No application for a driver's or commercial driver's19078
license shall be received from any person whose probationary19079
driver's license, restricted license, or temporary instruction19080
permit has been suspended under this section until each of the19081
following has occurred:19082

       (1) The suspension period has expired;19083

       (2) A temporary instruction permit or commercial driver's19084
license temporary instruction permit has been issued;19085

       (3) The person successfully completes a juvenile driver19086
improvement program approved by the registrar under division (F)19087
of this section 4510.311of the Revised Code;19088

       (4) The applicant has submitted to the examination for a19089
driver's license as provided for in section 4507.11 or a19090
commercial driver's license as provided in Chapter 4506. of the19091
Revised Code.19092

       (F) The registrar shall establish standards for juvenile19093
driver improvement programs and shall approve any such programs19094
that meet the established standards. The standards established by19095
the registrar shall require a minimum of five hours of classroom19096
instruction, with at least three hours devoted to driver skill19097
requirements and two hours devoted to juvenile driver information19098
related to the driving records of drivers under the age of19099
eighteen, driver perceptions, and the value of the traffic laws. 19100
The standards also shall require a person whose probationary19101
driver's license was suspended under this section to undertake and19102
pass, as successful completion of an approved juvenile driver19103
improvement program, the driver's license examination that a19104
person who holds a temporary instruction permit is required to19105
undertake and pass in order to be issued a probationary driver's19106
license. The person shall pay the applicable fee that is required19107
to accompany an application for a driver's license as prescribed19108
in division (E) of section 4507.23 of the Revised Code. The19109
registrar shall prescribe the requirements for the curriculum to19110
be provided as well as other program directives. Only those19111
programs approved by the registrar shall be acceptable for19112
reinstatement of the driving privileges of a person whose19113
probationary driver's license was suspended under this section.19114

       Sec. 4510.311.  The registrar of motor vehicles shall19115
establish standards for juvenile driver improvement programs and19116
shall approve any programs that meet the established standards.19117
The standards established by the registrar shall require a minimum19118
of five hours of classroom instruction, with at least three hours19119
devoted to driver skill requirements and two hours devoted to19120
juvenile driver information related to the driving records of19121
drivers under eighteen years of age, driver perceptions, and the19122
value of the traffic laws. The standards also shall require a19123
person whose probationary driver's license was suspended under19124
section 4510.31 of the Revised Code to undertake and pass, as19125
successful completion of an approved juvenile driver improvement19126
program, the driver's license examination that a person who holds19127
a temporary instruction permit is required to undertake and pass19128
in order to be issued a probationary driver's license. The person19129
shall pay the applicable fee that is required to accompany an19130
application for a driver's license as prescribed in division (E)19131
of section 4507.23 of the Revised Code. The registrar shall19132
prescribe the requirements for the curriculum to be provided as19133
well as other program directives. Only those programs approved by19134
the registrar shall be acceptable for reinstatement of the driving19135
privileges of a person whose probationary driver's license was19136
suspended under section 4510.31 of the Revised Code.19137

       Sec. 4507.061.        Sec. 4510.32.  (A) The registrar of motor vehicles19138
shall record within ten days of receipt and keep at the main19139
office of the bureau of motor vehicles all information provided to19140
the registrar by the superintendent of a school district in19141
accordance with division (B) of section 3321.13 of the Revised19142
Code.19143

       (B) Whenever the registrar receives a notice under division19144
(B) of section 3321.13 of the Revised Code, the registrar shall19145
suspendimpose a class F suspension of the temporary instruction19146
permit or driver's license of the person who is the subject of the19147
notice for the period of time specified in division (B)(6) of19148
section 4510.02 of the Revised Code, or, if the person has not19149
been issued such a temporary instruction permit or driver's19150
license, the registrar shall deny to the person the issuance of a19151
temporary instruction permit or driver's license. The19152
requirements of the second paragraph of section 119.06 of the19153
Revised Code do not apply to a suspension of a person's temporary19154
instruction permit or driver's license or a denial of a person's19155
opportunity to obtain a temporary instruction permit or driver's19156
license by the registrar under this division.19157

       (C) Upon suspending the temporary instruction permit or19158
driver's license of any person or denying any person the19159
opportunity to be issued such a license or permit as provided in19160
division (B) of this section, the registrar immediately shall19161
notify the person in writing of the suspension or denial and19162
inform the person that the person may petition for a hearing as19163
provided in division (E) of this section.19164

       (D) Any person whose permit or license is suspended under19165
this section shall mail or deliver the person's permit or license19166
to the registrar of motor vehicles within twenty days of19167
notification of the suspension; however, the person's permit or19168
license and the person's driving privileges shall be suspended19169
immediately upon receipt of the notification. The registrar may19170
retain the permit or license during the period of the suspension19171
or the registrar may destroy it under section 4507.544510.52 of19172
the Revised Code. Any such suspension of a person's permit or19173
license or denial of a person's opportunity to obtain a permit or19174
license under this section shall remain in effect until the person19175
attains eighteen years of age or until it is terminated prior to19176
the child's attainment of that age pursuant to division (F) of19177
this section.19178

       (E) Any person whose temporary instruction permit or19179
driver's license has been suspended, or whose opportunity to19180
obtain such a permit or license has been denied pursuant to this19181
section, may file a petition in the juvenile court in whose19182
jurisdiction the person resides alleging error in the action taken19183
by the registrar of motor vehicles under division (B) of this19184
section or alleging one or more of the matters within the scope of19185
the hearing, as described in this division, or both. The19186
petitioner shall notify the registrar and the superintendent of19187
the school district who gave the notice to the registrar and19188
juvenile judge under division (B) of section 3321.13 of the19189
Revised Code of the filing of the petition and send them copies of19190
the petition. The scope of the hearing is limited to the issues19191
of whether the notice given by the superintendent to the registrar19192
was in error and whether the suspension or denial of driving19193
privileges will result in substantial hardship to the petitioner.19194

       The registrar shall furnish the court a copy of the record19195
created in accordance with division (A) of this section. The19196
registrar and the superintendent shall furnish the court with any19197
other relevant information required by the court.19198

       In hearing the matter and determining whether the petitioner19199
has shown that the petitioner's temporary instruction permit or19200
driver's license should not be suspended or that the petitioner's19201
opportunity to obtain such a permit or license should not be19202
denied, the court shall decide the issue upon the information19203
furnished by the registrar and the superintendent and any such19204
additional evidence that the registrar, the superintendent, or the19205
petitioner submits.19206

       If the court finds from the evidence submitted that the19207
petitioner has failed to show error in the action taken by the19208
registrar under division (B) of this section and has failed to19209
prove any of the matters within the scope of the hearing, then the19210
court may assess the cost of the proceeding against the petitioner19211
and shall uphold the suspension of the petitioner's permit or19212
license or the denial of the petitioner's opportunity to obtain a19213
permit or license. If the court finds that the petitioner has19214
shown error in the action taken by the registrar under division19215
(B) of this section or has proved one or more of the matters19216
within the scope of the hearing, or both, the cost of the19217
proceeding shall be paid out of the county treasury of the county19218
in which the proceedings were held, and the suspension of the19219
petitioner's permit or license or the denial of the person's19220
opportunity to obtain a permit or license shall be terminated.19221

       (F) The registrar shall cancel the record created under this19222
section of any person who is the subject of a notice given under19223
division (B) of section 3321.13 of the Revised Code and shall19224
terminate the suspension of the person's permit or license or the19225
denial of the person's opportunity to obtain a permit or license,19226
if any of the following applies:19227

       (1) The person is at least eighteen years of age.19228

       (2) The person provides evidence, as the registrar shall19229
require by rule, of receipt of a high school diploma or a general19230
educational development certificate of high school equivalence.19231

       (3) The superintendent of a school district informs the19232
registrar that the notification of withdrawal, habitual absence19233
without legitimate excuse, suspension, or expulsion concerning the19234
person was in error.19235

       (4) The suspension or denial was imposed subsequent to a19236
notification given under division (B)(3) or (4) of section 3321.1319237
of the Revised Code, and the superintendent of a school district19238
informs the registrar that the person in question has satisfied19239
any terms or conditions established by the school as necessary to19240
terminate the suspension or denial of driving privileges.19241

       (5) The suspension or denial was imposed subsequent to a19242
notification given under division (B)(1) of section 3321.13 of the19243
Revised Code, and the superintendent of a school district informs19244
the registrar that the person in question is now attending school19245
or enrolled in and attending an approved program to obtain a19246
diploma or its equivalent to the satisfaction of the school19247
superintendent.19248

       (6) The suspension or denial was imposed subsequent to a19249
notification given under division (B)(2) of section 3321.13 of the19250
Revised Code, the person has completed at least one semester or19251
term of school after the one in which the notification was given,19252
the person requests the superintendent of the school district to19253
notify the registrar that the person no longer is habitually19254
absent without legitimate excuse, the superintendent determines19255
that the person has not been absent from school without legitimate19256
excuse in the current semester or term, as determined under that19257
division, for more than ten consecutive school days or for more19258
than fifteen total school days, and the superintendent informs the19259
registrar of that fact. If a person described in division (F)(6)19260
of this section requests the superintendent of the school district19261
to notify the registrar that the person no longer is habitually19262
absent without legitimate excuse and the superintendent makes the19263
determination described in this division, the superintendent shall19264
provide the information described in division (F)(6) of this19265
section to the registrar within five days after receiving the19266
request.19267

       (7) The suspension or denial was imposed subsequent to a19268
notification given under division (B)(2) of section 3321.13 of the19269
Revised Code, and the superintendent of a school district informs19270
the registrar that the person in question has received an age and19271
schooling certificate in accordance with section 3331.01 of the19272
Revised Code.19273

       (8) The person filed a petition in court under division (E)19274
of this section and the court found that the person showed error19275
in the action taken by the registrar under division (B) of this19276
section or proved one or more of the matters within the scope of19277
the hearing on the petition, as set forth in division (E) of this19278
section, or both.19279

       At the end of the suspension period under this section and19280
upon the request of the person whose temporary instruction permit19281
or driver's license was suspended, the registrar shall return the19282
driver's license or permit to the person or reissue the person's19283
license or permit under section 4507.544510.52 of the Revised19284
Code, if the registrar destroyed the suspended license or permit19285
under that section.19286

       Sec. 4507.163.        Sec. 4510.33.  (A) AnyNo person of insufficient19287
age to purchase intoxicating liquor or beer who, contrary to19288
division (A) or (C) of section 4507.30 of the Revised Code,19289
displaysshall display as proof that the person is of sufficient19290
age to purchase intoxicating liquor or beer, a driver's or19291
commercial driver's license, knowing the same to be fictitious,19292
altered, or not the person's own, shall thereby forfeit the19293
driving privileges authorized by.The registrar of motor vehicles19294
shall impose a class C suspension of the person's own driver's19295
license, probationary driver's license, commercial driver's19296
license, temporary instruction permit, or commercial driver's19297
license temporary instruction permit and be denied the issuance or19298
reissuance of any such license or permit by the registrar of motor19299
vehicles for one year beginning with the date on which19300
notification of such forfeiture and denial is mailed to the person19301
by the registrarfor the period of time specified in division19302
(B)(3) of section 4510.02 of the Revised Code upon the offender19303
and shall not issue or reissue a license or permit of that type to19304
the offender during the suspension period.19305

       (B) In any prosecution, or in any proceeding before the19306
liquor control commission, in which the defense authorized by19307
section 4301.639 of the Revised Code is sustained, the clerk of19308
the court in which the prosecution was had, or the clerk of the19309
liquor control commission, shall certify to the registrar the19310
facts ascertainable from the clerk's records evidencing violation19311
of division (A) or (C) of section 4507.30 of the Revised Code by a19312
person of insufficient age to purchase intoxicating liquor or19313
beer, including in the certification the person's name and19314
residence address.19315

       (C) The registrar, upon receipt of the certification, shall19316
suspend the person's license or permit to drive subject to review19317
as provided in this section, and shall mail to the person, at the19318
person's last known address, a notice of the suspension and of the19319
hearing provided in division (D) of this section.19320

       (D) Any person whose license or permit to drive has been19321
suspended under this section, within twenty days of the mailing of19322
the notice provided above, may file a petition in the municipal19323
court or county court, or in case the person is under the age of19324
eighteen years, in the juvenile court, in whose jurisdiction the19325
person resides, agreeing to pay the cost of the proceedings, and19326
alleging error by the registrar in the suspension of the license19327
or permit to drive, or in one or more of the matters within the19328
scope of the hearing as provided in this section, or both. The19329
petitioner shall notify the registrar of the filing of the19330
petition and send the registrar a copy thereof. The scope of the19331
hearing shall be limited to whether a court of record did in fact19332
find that the petitioner displayed, or, if the original19333
proceedings were before the liquor control commission, whether the19334
petitioner did in fact display, as proof that the person was of19335
sufficient age to purchase intoxicating liquor or beer, a driver's19336
or commercial driver's license knowing the same to be fictitious,19337
altered, or not the person's own, and whether the person was at19338
that time of insufficient age legally to make a purchase of19339
intoxicating liquor or beer.19340

       (E) In any hearing authorized by this section, the registrar19341
shall be represented by the prosecuting attorney of the county19342
where the petitioner resides.19343

       (F) If the court finds from the evidence submitted that the19344
person has failed to show error in the action by the registrar or19345
in one or more of the matters within the scope of the hearing as19346
limited in division (D) of this section, or both, the court shall19347
assess the cost of the proceeding against the person and shall19348
impose the suspension provided in divisions (A) and (C) of this19349
section. If the court finds that the person has shown error in19350
the action taken by the registrar, or in one or more of the19351
matters within the scope of the hearing as limited in division (B)19352
of this section, or both, the cost of the proceeding shall be paid19353
out of the county treasury of the county in which the proceedings19354
were held, and the suspension provided in divisions (A) and (C) of19355
this section shall not be imposed. The court shall inform the19356
registrar in writing of the action taken.19357

       Sec. 4507.167.        Sec. 4510.34. (A) The registrar of motor vehicles19358
shall revokeimpose a class F suspension for the period of time19359
specified in division (B)(6) of section 4510.02 of the Revised19360
Code of the probationary motorized bicycle license issued to any19361
person when the person has been convicted of, pleaded no contest19362
to and been found guilty of, or pleaded guilty to, in any court of19363
competent jurisdiction, or has been adjudicated in juvenile court19364
of having committed, a violation of division (A) or (D) of section19365
4511.521 of the Revised Code, or of any other section of the19366
Revised Code or similar municipal ordinance for which points are19367
chargeable under section 4507.0214510.036 of the Revised Code.19368

       (B) Any person whose license is revokedsuspended under this19369
section shall mail or deliver histhe person's probationary19370
motorized bicycle license to the registrar within fourteen days of19371
notification of such revocationthe suspension. The registrar19372
shall retain suchthe license during the period of revocation. 19373
Any such revocation shall remain in effect until the person 19374
reaches sixteen years of agesuspension.19375

       (C) No application for a motorized bicycle license or19376
probationary motorized bicycle license shall be received from any19377
person whose probationary motorized bicycle license has been19378
revokedsuspended under this section until the person reaches19379
sixteen years of age.19380

       Sec. 4507.38.        Sec. 4510.41.  (A) As used in this section:19381

       (1) "Arrested person" means a person who is arrested for a19382
violation of division (B)(1) or (D)(2) of section 4507.02 or19383
section 4507.334510.14, 4510.16,or4511.203 of the Revised Code,19384
or a municipal ordinance that is substantially equivalent to any19385
of those Revised Code provisionssections, and whose arrest19386
results in a vehicle being seized under division (B) of this19387
section.19388

       (2) "Vehicle owner" means either of the following:19389

       (a) The person in whose name is registered, at the time of19390
the seizure, a vehicle that is seized under division (B) of this19391
section;19392

       (b) A person to whom the certificate of title to a vehicle19393
that is seized under division (B) of this section has been19394
assigned and who has not obtained a certificate of title to the19395
vehicle in that person's name, but who is deemed by the court as19396
being the owner of the vehicle at the time the vehicle was seized19397
under division (B) of this section.19398

       (3) "Interested party" includes the owner of a vehicle19399
seized under this section, all lienholders of such a vehicle, the19400
arrested person, the owner of the place of storage at which a19401
vehicle seized under this section is stored, and the person or19402
entity that caused the vehicle to be removed.19403

       (B)(1) If a person is arrested for a violation of division19404
(B)(1) or (D)(2) of section 4507.02 or section 4507.334510.14,19405
4510.16,or4511.203 of the Revised Code, or a municipal ordinance19406
that is substantially equivalent to any of those Revised Code19407
provisionssections, the arresting officer or another officer of19408
the law enforcement agency that employs the arresting officer, in19409
addition to any action that the arresting officer is required or19410
authorized to take by any other provision of law, shall seize the19411
vehicle that the person was operating at the time of,or that was19412
involved in, the alleged offense if the vehicle is registered in19413
the arrested person's name and its license plates. Except as19414
otherwise provided in this division, the officer shall seize the19415
vehicle and its license plates regardless of whether the vehicle19416
is registered in the name of the arrested person or in the name of19417
another person or entity. This section does not apply to or19418
affect any rented or leased vehicle that is being rented or leased19419
for a period of thirty days or less, except that aA law19420
enforcement agency that employs a law enforcement officer who19421
makes an arrest of a type that is described in this division19422
(B)(1) of this section and that involves a rented or leased19423
vehicle of this typethat is being rented or leased for a period19424
of thirty days or less shall notify, within twenty-four hours19425
after the officer makes the arrest, the lessor or owner of the19426
vehicle regarding the circumstances of the arrest and the location19427
at which the vehicle may be picked up. At the time of the seizure19428
of the vehicle, the law enforcement officer who made the arrest19429
shall give the arrested person written notice that the vehicle and19430
its license plates have been seized; that the vehicle either will19431
be kept by the officer's law enforcement agency or will be19432
immobilized at least until the person's initial appearance on the19433
charge of the offense for which the arrest was made; that, at the19434
initial appearance, the court in certain circumstances may order19435
that the vehicle and license plates be released to the vehicle19436
ownerarrested person until the disposition of that charge; that,19437
if the arrested person is convicted of that charge, the court19438
generally must order the immobilization of the vehicle and the19439
impoundment of its license plates or the forfeiture of the19440
vehicle; and that, if the arrested person is not the vehicle19441
owner, the arrested person immediately should inform the vehicle19442
owner that the vehicle and its license plates have been seized and19443
that the vehicle owner may be able to obtain their release at the19444
initial appearance or thereaftermay be charged expenses or19445
charges incurred under this section and section 4503.233 of the19446
Revised Code for the removal and storage of the vehicle.19447

       (2) The arresting officer or a law enforcement officer of19448
the agency that employs the arresting officer shall give written19449
notice of the seizure to the court that will conduct the initial19450
appearance of the arrested person the arrested personon the19451
charges arising out of the arrest. The notice shall be given when19452
the charges are filed against the arrested person. Upon receipt19453
of the notice, the court promptly shall determine whether the19454
arrested person is the vehicle owner and whether there are any19455
liens recorded on the certificate of title to the vehicle. If the19456
court determines that the arrested person is not the vehicle19457
owner, it promptly shall send by regular mail written notice of19458
the seizure of the motor vehicle to the vehiclevehicle's19459
registered owner and to all lienholders recorded on the19460
certificate of title. The written notice to the vehicle owner and19461
lienholders shall contain all of the information required by19462
division (B)(1) of this section to be in a notice to be given to19463
the arrested person and also shall specify the date, time, and19464
place of the arrested person's initial appearance the arrested19465
person. The notice also shall inform the vehicle owner that if19466
title to a motor vehicle that is subject to an order for criminal19467
forfeiture under this section is assigned or transferred and19468
division (B)(2) or (3) of section 4503.234 of the Revised Code19469
applies, the court may fine the arrested person the value of the19470
vehicle. The notice to the vehicle owner also shall state that if19471
the vehicle is immobilized under division (A) of section 4503.23319472
of the Revised Code, seven days after the end of the period of19473
immobilization a law enforcement agency will send the vehicle19474
owner a notice, informing the owner that if the owner does not19475
obtain the release of the vehicle is not obtained in accordance19476
with division (D)(3) of section 4503.233 of the Revised Code, the19477
vehicle shall be forfeited. The notice also shall inform the19478
vehicle owner that the owner may be charged expenses or charges19479
incurred under this section and section 4503.233 of the Revised19480
Code for the removal and storage of the vehicle.19481

       The written notice that is given or delivered to the vehicle19482
ownerarrested person also shall state that if the arrested person19483
pleads guilty to or is convicted of or pleads guilty to the19484
offense for which the arrested person was arrested and the court19485
issues an immobilization and impoundment order relative to that19486
vehicle, division (D)(4) of section 4503.233 of the Revised Code19487
prohibits the vehicle from being sold during the period of19488
immobilization without the prior approval of the court.19489

       (3) At or before the initial appearance, the vehicle owner19490
may file a motion requesting the court to order that the vehicle19491
and its license plates be released to the vehicle owner. Except19492
as provided in this division and subject to the payment of19493
expenses or charges incurred in the removal and storage of the19494
vehicle, the court, in its discretion, then may issue an order19495
releasing the vehicle and its license plates to the vehicle owner.19496
Such an order may be conditioned upon such terms as the court19497
determines appropriate, including the posting of a bond in an19498
amount determined by the court. If the arrested person is not the19499
vehicle owner and if the vehicle owner is not present at the19500
arrested person's initial appearance, and if the court believes19501
that the vehicle owner was not provided with adequate notice of19502
the initial appearance, the court, in its discretion, may allow19503
the vehicle owner to file a motion within seven days of the19504
initial appearance. If the court allows the vehicle owner to file19505
such a motion after the initial appearance, the extension of time19506
granted by the court does not extend the time within which the19507
initial appearance is to be conducted. If the court issues an19508
order for the release of the vehicle and its license plates, a19509
copy of the order shall be made available to the vehicle owner. If19510
the vehicle owner presents a copy of the order to the law19511
enforcement agency that employs the law enforcement officer who19512
arrested the arrested person who was operating the vehicle, the19513
law enforcement agency promptly shall release the vehicle and its19514
license plates to the vehicle owner upon payment by the vehicle19515
owner of any expenses or charges incurred in the removal or19516
storage of the vehicle.19517

       (4) A vehicle seized under division (B)(1) of this section19518
either shall be towed to a place specified by the law enforcement19519
agency that employs the arresting officer to be safely kept by the19520
agency at that place for the time and in the manner specified in19521
this section or shall be otherwise immobilized for the time and in19522
the manner specified in this section. A law enforcement officer19523
of that agency shall remove the identification license plates of19524
the vehicle, and they shall be safely kept by the agency for the19525
time and in the manner specified in this section. No vehicle that19526
is seized and either towed or immobilized pursuant to this19527
division shall be considered contraband for purposes of section19528
2933.41, 2933.42, or 2933.43 of the Revised Code. The vehicle19529
shall not be immobilized at any place other than a commercially19530
operated private storage lot, a place owned by a law enforcement19531
or other government agency, or a place to which one of the19532
following applies:19533

       (a) The place is leased by or otherwise under the control of19534
a law enforcement or other government agency.19535

       (b) The place is owned by the arrested person, the arrested19536
person's spouse, or a parent or child of the arrested person.19537

       (c) The place is owned by a private person or entity, and,19538
prior to the immobilization, the private entity or person that19539
owns the place, or the authorized agent of that private entity or19540
person, has given express written consent for the immobilization19541
to be carried out at that place.19542

       (d) The place is a public street or highway on which the19543
vehicle is parked in accordance with the law.19544

       (C)(1) A vehicle that is seized under division (B) of this19545
section shall be safely kept at the place to which it is towed or19546
otherwise moved by the law enforcement agency that employs the19547
arresting officer until the initial appearance of the arrested19548
person relative to the charge the arrested person in question. The19549
license plates of the vehicle that are removed pursuant to19550
division (B) of this section shall be safely kept by the law19551
enforcement agency that employs the arresting officer until at19552
least the initial appearance of the arrested person relative to19553
the charge in question.19554

       (2)(a) the owner's the owner the owner the owner's the owner19555
the owner's the owner's the arrested person the vehicle owner's19556
the owner's the owner's the arrested person the court also shall19557
notify the arrested person, and the movant if the movant is not19558
the arrested person, that if title to a motor vehicle that is19559
subject to an order for criminal forfeiture under this section is19560
assigned or transferred and division (C)(2) or (3) of section19561
4503.234 of the Revised Code applies, the court may fine the19562
offender the value of the vehicle. the owner'sAt the initial19563
appearance or not less than seven days prior to the date of final19564
disposition, the court shall notify the arrested person that, if19565
title to a motor vehicle that is subject to an order for criminal19566
forfeiture under this section is assigned or transferred and19567
division (B)(2) or (3) of section 4503.234 of the Revised Code19568
applies, the court may fine the arrested person the value of the19569
vehicle. If, at the initial appearance, the arrested person19570
pleads guilty to the violation of division (B)(1) or (D)(2) of19571
section 4507.02 or section 4507.334510.14, 4510.16,or4511.20319572
of the Revised Code, or a municipal ordinance that is19573
substantially equivalent to any of those Revised Code provisions19574
sections or pleads no contest to and is convicted of the19575
violation, the court shall impose sentence upon the arrested19576
person as provided by law or ordinance; the court, except as19577
provided in this division and subject to section 4503.235 of the19578
Revised Code, shall order the immobilization of the vehicle the19579
arrested person was operating at the time of, or that was involved19580
in, the offense if registered in the arrested person's name and19581
the impoundment of its license plates under section 4503.233 and19582
section 4507.361 or 4507.994510.14, 4510.16, 4510.161,or19583
4511.203 of the Revised Code or the criminal forfeiture to the19584
state of the vehicle if registered in the arrested person's name19585
under section 4503.234 and section 4507.361 or 4507.994510.14,19586
4510.16, 4510.161,or4511.203 of the Revised Code, whichever is19587
applicable; and the vehicle and its identification license plates19588
shall not be returned or released to the vehicle ownerarrested19589
person. If the arrested person is not the vehicle owner and the19590
vehicle owner the owner's is not present at the arrested person's19591
initial appearance and if the court believes that the vehicle19592
owner was not provided adequate notice of the initial appearance,19593
the court, in its discretion, may refrain for a period of time not19594
exceeding seven days from ordering the immobilization of the19595
vehicle and the impoundment of its license plates or the criminal19596
forfeiture of the vehicle so that the vehicle owner the owner's19597
may appear before the court to present evidence as to why the19598
court should not order the immobilization of the vehicle and the19599
impoundment of its license plates or the criminal forfeiture of19600
the vehicle. If the court refrains from ordering the19601
immobilization of the vehicle and the impoundment of its license19602
plates or the criminal forfeiture of the vehicle, section 4503.23519603
of the Revised Code applies relative to the order of19604
immobilization and impoundment or the order of forfeiture.19605

       (b) If, at any time, the charge that the arrested person19606
violated division (B)(1) or (D)(2) of section 4507.02 or section19607
4507.334510.14, 4510.16,or4511.203 of the Revised Code, or a19608
municipal ordinance that is substantially equivalent to any of19609
those Revised Code provisionssections is dismissed for any19610
reason, the court shall order that the vehicle seized at the time19611
of the arrest and its license plates immediately be released to19612
the vehicle owner subject to the payment of expenses or the19613
owner's charges incurred in the removal and storage of the vehicle19614
person.19615

       (D) If a vehicle isand its license plates are seized under19616
division (B) of this section the arrested person and it isare not19617
returned or released to the vehicle owner the owner'sarrested19618
person pursuant to division (C) of this section, the vehicle and19619
its license plates shall be retained until the final disposition19620
of the charge in question. Upon the final disposition of that19621
charge, the court shall do whichever of the following is19622
applicable:19623

       (1) If the arrested person is convicted of or pleads guilty19624
to the violation of division (B)(1) or (D)(2) of section 4507.0219625
or section 4507.334510.14, 4510.16, or4511.203 of the Revised19626
Code, or a municipal ordinance that is substantially equivalent to19627
any of those Revised Code provisionssections, the court shall19628
impose sentence upon the arrested person as provided by law or19629
ordinance and, subject to section 4503.235 of the Revised Code,19630
shall order the immobilization of the vehicle the arrested person19631
was operating at the time of, or that was involved in, the offense19632
if it is registered in the arrested person's name and the19633
impoundment of its license plates under section 4503.233 and19634
section 4507.361 or 4507.994510.14, 4510.16, 4510.161,or19635
4511.203 of the Revised Code or the criminal forfeiture of the19636
vehicle if it is registered in the arrested person's name under19637
section 4503.234 and section 4507.361 or 4507.994510.14, 4510.16,19638
4510.161,or4511.203 of the Revised Code, whichever is19639
applicable.19640

       (2) If the arrested person is found not guilty of the19641
violation of division (B)(1) or (D)(2) of section 4507.02 or19642
section 4507.334510.14, 4510.16,or4511.203 of the Revised Code,19643
or a municipal ordinance that is substantially equivalent to any19644
of those Revised Code provisionssections, the court shall order19645
that the vehicle and its license plates immediately be released to19646
the vehicle owner upon the payment of any expenses or the owner's19647
charges incurred in its removal and storagearrested person.19648

       (3) If the charge that the arrested person violated division19649
(B)(1) or (D)(2) of section 4507.02 or section 4507.334510.14,19650
4510.16,or4511.203 of the Revised Code, or a municipal ordinance19651
that is substantially equivalent to any of those Revised Code19652
provisionssections is dismissed for any reason, the court shall19653
order that the vehicle and its license plates immediately be19654
released to the vehicle owner upon the payment of any expenses or19655
the owner's charges incurred in its removal and storagearrested19656
person.19657

       the arrested person the owner's the owner's the arrested19658
person19659

       (4)If the impoundment of the vehicle was not authorized19660
under this section, the court shall order that the vehicle and its19661
license plates be returned immediately to the arrested person or,19662
if the arrested person is not the vehicle owner, to the vehicle19663
owner and shall order that the state or political subdivision of19664
the law enforcement agency served by the law enforcement officer19665
who seized the vehicle pay all expenses and charges incurred in19666
its removal and storage.19667

       (E) If a vehicle is seized under division (B) of this19668
section, the time between the seizure of the vehicle and either19669
its release to the vehicle owner the owner'sarrested person19670
pursuant to division (C) of this section or the issuance of an19671
order of immobilization of the vehicle under section 4503.233 of19672
the Revised Code shall be credited against the period of19673
immobilization ordered by the court.19674

       (F)(1) The vehicle ownerExcept as provided in division19675
(D)(4) of this section, the arrested person may be charged19676
expenses or charges incurred in the removal and storage of the19677
immobilized vehicle. The court with jurisdiction over the case,19678
after notice to all interested parties, including lienholders, and19679
after an opportunity for them to be heard, if the vehicle owner19680
fails to appear in person, without good cause, or if the court19681
finds that the vehicle ownerarrested person does not intend to19682
seek release of the vehicle at the end of the period of19683
immobilization under section 4503.233 of the Revised Code or that19684
the vehicle ownerarrested person is not or will not be able to19685
pay the expenses and charges incurred in its removal and storage,19686
may order that title to the vehicle be transferred, in order of19687
priority, first into the name of the person or entity that removed19688
it, next into the name of a lienholder, or lastly into the name of19689
the owner of the place of storage.19690

       Any lienholder that receives title under a court order shall19691
do so on the condition that it pay any expenses or charges19692
incurred in the vehicle's removal and storage. If the person or19693
entity that receives title to the vehicle is the person or entity19694
that removed it, the person or entity shall receive title on the19695
condition that it pay any lien on the vehicle. The court shall19696
not order that title be transferred to any person or entity other19697
than the owner of the place of storage if the person or entity19698
refuses to receive the title. Any person or entity that receives19699
title either may keep title to the vehicle or may dispose of the19700
vehicle in any legal manner that it considers appropriate,19701
including assignment of the certificate of title to the motor19702
vehicle to a salvage dealer or a scrap metal processing facility.19703
The person or entity shall not transfer the vehicle to the person19704
who is the vehicle's immediate previous owner.19705

       If the person or entity that receives title assigns the motor19706
vehicle to a salvage dealer or scrap metal processing facility,19707
the person or entity shall send the assigned certificate of title19708
to the motor vehicle to the clerk of the court of common pleas of19709
the county in which the salvage dealer or scrap metal processing19710
facility is located. The person or entity shall mark the face of19711
the certificate of title with the words "FOR DESTRUCTION" and19712
shall deliver a photocopy of the certificate of title to the19713
salvage dealer or scrap metal processing facility for its records.19714

       (2) Whenever a court issues an order under division (F)(1)19715
of this section, the court also shall order removal of the license19716
plates from the vehicle and cause them to be sent to the registrar19717
if they have not already been sent to the registrar. Thereafter,19718
no further proceedings shall take place under this section or19719
under section 4503.233 of the Revised Code.19720

       (3) Prior to initiating a proceeding under division (F)(1)19721
of this section, and upon payment of the fee under division (B) of19722
section 4505.14, any interested party may cause a search to be19723
made of the public records of the bureau of motor vehicles or the19724
clerk of the court of common pleas, to ascertain the identity of19725
any lienholder of the vehicle. The initiating party shall furnish19726
this information to the clerk of the court with jurisdiction over19727
the case, and the clerk shall provide notice to the vehicle owner,19728
the defendantarrested person, any lienholder, and any other19729
interested parties listed by the initiating party, at the last19730
known address supplied by the initiating party, by certified mail,19731
or, at the option of the initiating party, by personal service or19732
ordinary mail.19733

       the offender19734

       Sec. 4510.43.  (A)(1) The director of public safety, upon19735
consultation with the director of health and in accordance with19736
Chapter 119. of the Revised Code, shall certify immobilizing and19737
disabling devices and shall publish and make available to the19738
courts, without charge, a list of approved devices together with19739
information about the manufacturers of the devices and where they19740
may be obtained. The manufacturer of an immobilizing or disabling19741
device shall pay the cost of obtaining the certification of the19742
device to the director of public safety, and the director shall19743
deposit the payment in the drivers' treatment and intervention19744
fund established by sections 4511.19 and 4511.191 of the Revised19745
Code.19746

       (2) The director of public safety, in accordance with19747
Chapter 119. of the Revised Code, shall adopt and publish rules19748
setting forth the requirements for obtaining the certification of19749
an immobilizing or disabling device. The director of public19750
safety shall not certify an immobilizing or disabling device under19751
this section unless it meets the requirements specified and19752
published by the director in the rules adopted pursuant to this19753
division. A certified device may consist of an ignition interlock19754
device, an ignition blocking device initiated by time or magnetic19755
or electronic encoding, an activity monitor, or any other device19756
that reasonably assures compliance with an order granting limited19757
driving privileges.19758

       The requirements for an immobilizing or disabling device that19759
is an ignition interlock device shall include provisions for19760
setting a minimum and maximum calibration range and shall include,19761
but shall not be limited to, specifications that the device19762
complies with all of the following:19763

       (a) It does not impede the safe operation of the vehicle.19764

       (b) It has features that make circumvention difficult and19765
that do not interfere with the normal use of the vehicle.19766

       (c) It correlates well with established measures of alcohol19767
impairment.19768

       (d) It works accurately and reliably in an unsupervised19769
environment.19770

       (e) It is resistant to tampering and shows evidence of19771
tampering if tampering is attempted.19772

       (f) It is difficult to circumvent and requires premeditation19773
to do so.19774

       (g) It minimizes inconvenience to a sober user.19775

       (h) It requires a proper, deep-lung breath sample or other19776
accurate measure of the concentration by weight of alcohol in the19777
breath.19778

       (i) It operates reliably over the range of automobile19779
environments.19780

       (j) It is made by a manufacturer who is covered by product19781
liability insurance.19782

       (3) The director of public safety may adopt, in whole or in19783
part, the guidelines, rules, regulations, studies, or independent19784
laboratory tests performed and relied upon by other states, or19785
their agencies or commissions, in the certification or approval of19786
immobilizing or disabling devices.19787

       (4) The director of public safety shall adopt rules in19788
accordance with Chapter 119. of the Revised Code for the design of19789
a warning label that shall be affixed to each immobilizing or19790
disabling device upon installation. The label shall contain a19791
warning that any person tampering, circumventing, or otherwise19792
misusing the device is subject to a fine, imprisonment, or both19793
and may be subject to civil liability.19794

       (B) A court considering the use of a prototype device in a19795
pilot program shall advise the director of public safety, thirty19796
days before the use, of the prototype device and its protocol,19797
methodology, manufacturer, and licensor, lessor, other agent, or19798
owner, and the length of the court's pilot program. A prototype19799
device shall not be used for a violation of section 4510.14 or19800
4511.19 of the Revised Code, a violation of a municipal OVI19801
ordinance, or in relation to a suspension imposed under section19802
4511.191 of the Revised Code. A court that uses a prototype19803
device in a pilot program, periodically during the existence of19804
the program and within fourteen days after termination of the19805
program, shall report in writing to the director of public safety19806
regarding the effectiveness of the prototype device and the19807
program.19808

       (C) If a person has been granted limited driving privileges19809
with a condition of the privileges being that the motor vehicle19810
that is operated under the privileges must be equipped with an19811
immobilizing or disabling device, all of the following apply:19812

       (1) If a motor vehicle to be driven under the limited19813
driving privileges is owned by the person's employer and if the19814
person is required to operate that motor vehicle in the course and19815
scope of the offender's employment, the person may operate that19816
vehicle without the installation of an immobilizing or disabling19817
device, provided that the employer has been notified that the19818
person has limited driving privileges and of the nature of the19819
restriction and that the person has proof of the employer's19820
notification in the person's possession while operating the19821
employer's vehicle for normal business duties. A motor vehicle19822
owned by a business that is partly or entirely owned or controlled19823
by a person with limited driving privileges is not a motor vehicle19824
owned by an employer, for purposes of this division.19825

       (2) If the motor vehicle to be driven under the limited19826
driving privileges is registered in a state other than this state,19827
instead of installing on that vehicle an immobilizing or disabling19828
device, the person with the limited driving privileges shall19829
display on the vehicle a decal, as prescribed by the registrar of19830
motor vehicles, that states that the vehicle is subject to limited19831
driving privileges in this state and that describes the19832
restriction. The decal shall be displayed on the bottom left19833
cornerof the back window of the vehicle or, if there is no back19834
window, on the bottom left corner of the windshield of the19835
vehicle.19836

       Sec. 4510.44.  (A)(1) No offender with limited driving19837
privileges, during any period that the offender is required to19838
operate only a motor vehicle equipped with an immobilizing or19839
disabling device, shall request or permit any other person to19840
breathe into the device if it is an ignition interlock device or19841
another type of device that monitors the concentration of alcohol19842
in a person's breath or to otherwise start the motor vehicle19843
equipped with the device, for the purpose of providing the19844
offender with an operable motor vehicle.19845

       (2)(a) Except as provided in division (A)(2)(b) of this19846
section, no person shall breathe into an immobilizing or disabling19847
device that is an ignition interlock device or another type of19848
device that monitors the concentration of alcohol in a person's19849
breath or otherwise start a motor vehicle equipped with an19850
immobilizing or disabling device, for the purpose of providing an19851
operable motor vehicle to an offender with limited driving19852
privileges who is permitted to operate only a motor vehicle19853
equipped with an immobilizing or disabling device.19854

       (b) Division (A)(2)(a) of this section does not apply to a19855
person in the following circumstances:19856

       (i) The person is an offender with limited driving19857
privileges.19858

       (ii) The person breathes into an immobilizing or disabling19859
device that is an ignition interlock device or another type of19860
device that monitors the concentration of alcohol in a person's19861
breath or otherwise starts a motor vehicle equipped with an19862
immobilizing or disabling device.19863

       (iii) The person breathes into the device or starts the19864
vehicle for the purpose of providing the person with an operable19865
motor vehicle.19866

       (3) No unauthorized person shall tamper with or circumvent19867
the operation of an immobilizing or disabling device.19868

       (B) Whoever violates this section is guilty of an19869
immobilizing or disabling device violation, a misdemeanor of the19870
first degree.19871

       Sec. 4507.54.        Sec. 4510.52.  (A) Upon the receipt of any driver's19872
license or commercial driver's license or permit that has been19873
suspended, revoked,or canceled, or forfeited under any provision19874
of law, and notwithstanding any other provision of law that19875
requires the registrar of motor vehicles to retain the license or19876
permit, the registrar may destroy the license or permit.19877

       (B) If, as authorized by division (A) of this section, the19878
registrar destroys a license or permit that has been suspended,19879
revoked,or canceled, or forfeited, hethe registrar shall reissue19880
or authorize the reissuance of a new license or permit to the19881
person to whom the destroyed license or permit orginally19882
originally was issued upon payment of a fee in the same amount as19883
the fee specified in division (C) of section 4507.23 of the19884
Revised Code for a duplicate license or permit and upon payment of19885
a service fee in the same amount as specified in division (D) of19886
section 4503.10 of the Revised Code if issued by a deputy19887
registrar or in division (G) of that section if issued by the19888
registrar.19889

       This division applies only if the driver's license or19890
commercial driver's license or permit that was destroyed would19891
have been valid at the time the person applies for the duplicate19892
license or permit. A duplicate driver's license or commercial19893
driver's license or permit issued under this section shall bear19894
the same expiration date that appeared on the license or permit it19895
replaces.19896

       Sec. 4507.55.        Sec. 4510.53.  (A) Upon the receipt of any driver's19897
or commercial driver's license or permit that has been revoked or19898
suspended under section 4511.19or 4511.191 of the Revised Code,19899
the registrar of motor vehicles, notwithstanding any other19900
provision of law that purports to require himthe registrar to19901
retain the license or permit, may destroy the license or permit.19902

       (B)(1) Subject to division (B)(2) of this section, if a19903
driver's or commercial driver's license or permit that has been19904
suspended under section 4511.19or 4511.191 of the Revised Code is19905
delivered to the registrar and if the registrar destroys the19906
license or permit under authority of division (A) of this section,19907
the registrar shall reissue or authorize the reissuance of a19908
driver's or commercial driver's license to the person, free of19909
payment of any type of fee or charge, if either of the following19910
applies:19911

       (a) The person appeals the suspension of the license or19912
permit at hisor within thirty days of the person's initial19913
appearance, pursuant to division (H) of section 4511.1914511.19719914
of the Revised Code, the judge of the court of record or the mayor19915
of the mayor's court who conducts the initial appearance19916
terminates the suspension, and the judge or mayor does not suspend19917
the license or permit under section 4511.196 of the Revised Code;19918

       (b) The person appeals the suspension of the license or19919
permit at hisor within thirty days of the person's initial19920
appearance, pursuant to division (H) of section 4511.1914511.19719921
of the Revised Code, the judge of the court of record or the mayor19922
of the mayor's court who conducts the initial appearance does not19923
terminate the suspension, the person appeals the judge's or19924
mayor's decision not to terminate the suspension that is made at19925
the initial appearance, and upon appeal of the decision, the19926
suspension is terminated.19927

       (2) Division (B)(1) of this section applies only if the19928
driver's or commercial driver's license that was destroyed would19929
have been valid at the time in question, if it had not been19930
destroyed as permitted by division (A) of this section.19931

       (C) A driver's or commericalcommercial driver's license or19932
permit issued to a person pursuant to division (B)(1) of this19933
section shall bear the same expiration date as the expiration date19934
that appeared on the license it replaces.19935

       Sec. 4510.54.  (A) A person whose driver's or commercial19936
driver's license has been suspended for life under a class one19937
suspension or as otherwise provided by law or has been suspended19938
for a period in excess of fifteen years under a class two19939
suspension may file a motion with the sentencing court for19940
modification or termination of the suspension. A motion under19941
this division may be heard only once. The person filing the19942
motion shall demonstrate all of the following:19943

       (1) At least fifteen years have elapsed since the suspension19944
began.19945

       (2) For the past fifteen years, the person has not been19946
found guilty of any felony, any offense involving a moving19947
violation under federal law, the law of this state, or the law of19948
any of its political subdivisions, or any violation of a19949
suspension under this chapter or a substantially equivalent19950
municipal ordinance.19951

       (3) The person has proof of financial responsibility, a19952
policy of liability insurance in effect that meets the minimum19953
standard set forth in section 4509.51 of the Revised Code, or19954
proof, to the satisfaction of the registrar of motor vehicles,19955
that the person is able to respond in damages in an amount at19956
least equal to the minimum amounts specified in that section.19957

       (4) If the suspension was imposed because the person was19958
under the influence of alcohol, a drug of abuse, or combination of19959
them at the time of the offense or because at the time of the19960
offense the person's whole blood, blood serum or plasma, breath,19961
or urine contained at least the concentration of alcohol specified19962
in division (A)(2), (3), (4), or (5) of section 4511.19 of the19963
Revised Code, the person also shall demonstrate all of the19964
following:19965

       (a) The person successfully completed an alcohol, drug, or19966
alcohol and drug treatment program.19967

       (b) The person has not abused alcohol or other drugs for a19968
period satisfactory to the court.19969

       (c) For the past fifteen years, the person has not been19970
found guilty of any alcohol-related or drug-related offense.19971

       (B) Upon receipt of a motion for modification or termination19972
of the suspension under this section, the court may schedule a19973
hearing on the motion. If scheduled, the hearing shall be19974
conducted in open court within ninety days after the date on which19975
the motion is filed.19976

       (C) The court shall notify the person whose license was19977
suspended and the prosecuting attorney of the date, time, and19978
location of the hearing. Upon receipt of the notice from the19979
court, the prosecuting attorney shall notify the victim or the19980
victim's representative of the date, time, and location of the19981
hearing.19982

       (D) At any hearing under this section, the person who seeks19983
modification or termination of the suspension has the burden to19984
demonstrate, under oath, that the person meets the requirements of19985
division (A) of this section. At the hearing, the court shall19986
afford the offender or the offender's counsel an opportunity to19987
present oral or written information relevant to the motion. The19988
court shall afford a similar opportunity to provide relevant19989
information to the prosecuting attorney and the victim or victim's19990
representative.19991

       Before ruling on the motion, the court shall take into19992
account the person's driving record, the nature of the offense19993
that led to the suspension, and the impact of the offense on any19994
victim. In addition, if the offender is eligible for modification19995
or termination of the suspension under division (A)(2) of this19996
section, the court shall consider whether the person committed any19997
other offense while under suspension and determine whether the19998
offense is relevant to a determination under this section. The19999
court may modify or terminate the suspension subject to any20000
considerations it considers proper if it finds that allowing the20001
person to drive is not likely to present a danger to the public. 20002
After the court makes a ruling on a motion filed under this20003
section, the prosecuting attorney shall notify the victim or the20004
victim's representative of the court's ruling.20005

       (E) If a court modifies a person's license suspension under20006
this section and the person subsequently is found guilty of any20007
moving violation or of any substantially equivalent municipal20008
ordinance that carries as a possible penalty the suspension of a20009
person's driver's or commercial driver's license, the court may20010
reimpose the class one or other lifetime suspension, or the class20011
two suspension, whichever is applicable.20012

       Sec. 4507.60.        Sec. 4510.61.  The driver license compact is hereby20013
enacted into law and entered into with all other jurisdictions20014
legally joining therein in the form substantially as follows:20015

ARTICLE I
20016

Findings and Declaration of Policy
20017

       (a) The party states find that:20018

       (1) The safety of their streets and highways is materially20019
affected by the degree of compliance with state and local20020
ordinances relating to the operation of motor vehicles.20021

       (2) Violation of such a law or ordinance is evidence that20022
the violator engages in conduct which is likely to endanger the20023
safety of persons and property.20024

       (3) The continuance in force of a license to drive is20025
predicated upon compliance with laws and ordinances relating to20026
the operation of motor vehicles, in whichever jurisdiction the20027
vehicle is operated.20028

       (b) It is the policy of each of the party states to:20029

       (1) Promote compliance with the laws, ordinances, and20030
administrative rules and regulations relating to the operation of20031
motor vehicles by their operators in each of the jurisdictions20032
where such operators drive motor vehicles.20033

       (2) Make the reciprocal recognition of licenses to drive and20034
eligibility therefor more just and equitable by considering the20035
over-all compliance with motor vehicle laws, ordinances, and20036
administrative rules and regulations as a condition precedent to20037
the continuance or issuance of any license by reason of which the20038
licensee is authorized or permitted to operate a motor vehicle in20039
any of the party states.20040

ARTICLE II
20041

Definitions
20042

       As used in this compact:20043

       (a) "State" means a state, territory, or possession of the20044
United States, the District of Columbia, or the Commonwealth of20045
Puerto Rico.20046

       (b) "Home state" means the state that has issued and has the20047
power to suspend or revoke the use of the license or permit to20048
operate a motor vehicle.20049

       (c) "Conviction" means a conviction of any offense related20050
to the use or operation of a motor vehicle that is prohibited by20051
state law, municipal ordinance, or administrative rule or20052
regulation; or a forfeiture of bail, bond, or other security20053
deposited to secure appearance by a person charged with having20054
committed any such offense, and which conviction or forfeiture is20055
required to be reported to the licensing authority.20056

ARTICLE III
20057

Reports of Conviction
20058

       The licensing authority of a party state shall report each20059
conviction of a person from another party state occurring within20060
its jurisdiction to the licensing authority of the home state of20061
the licensee. Such report shall clearly identify the person20062
convicted; describe the violation specifying the section of the20063
statute, code, or ordinance violated; identify the court in which20064
action was taken; indicate whether a plea of guilty or not guilty20065
was entered, or the security; and shall include any special20066
findings made in connection therewith.20067

ARTICLE IV
20068

Effect of Conviction
20069

       (a) The licensing authority in the home state, for the20070
purpose of suspension, revocation, or limitation of the license to20071
operate a motor vehicle, shall give the same effect to the conduct20072
reported, pursuant to Article III of this compact, as it would if20073
such conduct had occurred in the home state, in the case of20074
convictions for:20075

       (1) Manslaughter or negligent homicide resulting from the20076
operation of a motor vehicle;20077

       (2) Driving a motor vehicle while under the influence of20078
intoxicating liquor or a narcotic drug, or under the influence of20079
any other drug to a degree that renders the driver incapable of20080
safely driving a motor vehicle;20081

       (3) Any felony in the commission of which a motor vehicle is20082
used;20083

       (4) Failure to stop and render aid in the event of a motor20084
vehicle accident resulting in the death or personal injury of20085
another.20086

       (b) As to other convictions, reported pursuant to Article20087
III, the licensing authority in the home state shall give such20088
effect to conduct as is provided by the laws of the home state.20089

       (c) If the laws of a party state do not provide for offenses20090
or violations denominated or described in precisely the words20091
employed in subdivision (a) of this Article, such party state20092
shall construe the denominations and descriptions appearing in20093
subdivision (a) hereof as being applicable to and identifying20094
those offenses or violations of a substantially similar nature,20095
and the laws of such party state shall contain such provisions as20096
may be necessary to ensure that full force and effect is given to20097
this Article.20098

ARTICLE V
20099

Applications for New Licenses
20100

       Upon application for a license to drive, the licensing20101
authority in a party state shall ascertain whether the applicant20102
has ever held, or is the holder of, a license to drive issued by20103
any other party state. The licensing authority in the state where20104
application is made shall not issue a license to drive to the20105
applicant if:20106

       (1) The applicant has held such a license, but the same has20107
been suspended by reason, in whole or in part, of a violation and20108
if such suspension period has not terminated.20109

       (2) The applicant has held such a license, but the same has20110
been revoked by reason, in whole or in part, of a violation; and20111
if such revocation has not terminated, except that after the20112
expiration of one year from the date the license was revoked, such20113
person may make application for a new license if permitted by law.20114
The licensing authority may refuse to issue a license to any such20115
applicant if, after investigation, the licensing authority20116
determines that it will not be safe to grant to such person the20117
privilege of driving a motor vehicle on the public highways.20118

       (3) The applicant is the holder of a license to drive issued20119
by another party state and currently in force unless the applicant20120
surrenders such license.20121

ARTICLE VI
20122

Applicability of Other Laws
20123

       Except as expressly required by provisions of this compact,20124
nothing contained herein shall be construed to affect the right of20125
any party state to apply any of its other laws relating to20126
licenses to drive to any person or circumstance, nor to invalidate20127
or prevent any driver license agreement or other cooperative20128
arrangement between a party state and a nonparty state.20129

ARTICLE VII
20130

Compact Administrator and Interchange of Information
20131

       (a) The head of the licensing authority of each party state20132
shall be the administrator of this compact for his state. The20133
administrators, acting jointly, shall have the power to formulate20134
all necessary and proper procedures for the exchange of20135
information under this compact.20136

       (b) The administrator of each party state shall furnish to20137
the administrator of each other party state any information or20138
documents reasonably necessary to facilitate the administration of20139
this compact.20140

ARTICLE VIII
20141

Entry Into Force and Withdrawal
20142

       (a) This compact shall enter into force and become effective20143
as to any state when it has enacted the same into law.20144

       (b) Any party state may withdraw from this compact by20145
enacting a statute repealing the same, but no such withdrawal20146
shall take effect until six months after the executive head of the20147
withdrawing state has given notice of the withdrawal to the20148
executive heads of all other party states. No withdrawal shall20149
affect the validity or applicability by the licensing authorities20150
of states remaining party to the compact of any report of20151
conviction occurring prior to the withdrawal.20152

ARTICLE IX
20153

Construction and Severability
20154

       This compact shall be liberally construed so as to effectuate20155
the purposes thereof. The provisions of this compact shall be20156
severable; and if any phrase, clause, sentence, or provision of20157
this compact is declared to be contrary to the constitution of any20158
party state or of the United States or the applicability thereof20159
to any government, agency, person, or circumstance is held20160
invalid, the validity of the remainder of this compact and the20161
applicability thereof to any government, agency, person, or20162
circumstance shall not be affected thereby. If this compact shall20163
be held contrary to the constitution of any state party thereto,20164
the compact shall remain in full force and effect as to the20165
remaining states and in full force and effect as to the state20166
affected as to all severable matters.20167

       Sec. 4507.61.        Sec. 4510.62.  (A) "Executive head" as used in20168
article VIII (b) of the compact set forth in section 4507.6020169
4510.61 of the Revised Code with reference to this state means the20170
governor.20171

       (B) "Licensing authority" as used in Articles III, IV, V,20172
and VII of the compact set forth in section 4507.604510.61 of the20173
Revised Code with reference to this state means the bureau of20174
motor vehicles within the department of public safety.20175

       Sec. 4507.62.        Sec. 4510.63.  Pursuant to Article VII of the20176
compact set forth in section 4507.604510.61 of the Revised Code20177
the bureau of motor vehicles shall furnish to the appropriate20178
authorities of any other party state any information or documents20179
reasonably necessary to facilitate the administration of Articles20180
III, IV, and V of the compact set forth in section 4507.604510.6120181
of the Revised Code.20182

       Sec. 4507.63.        Sec. 4510.64.  The compact administrator provided20183
for in Article VII of the compact set forth in section 4507.6020184
4510.61 of the Revised Code is not entitled to any additional20185
compensation because of his servicesfor serving as administrator20186
of the compact, but shall be reimbursed for travel and other20187
necessary expenses incurred in the performance of his official20188
duties thereunder as provided by law for other state officers.20189

       Sec. 4511.95.        Sec. 4510.71.  The nonresident violator compact,20190
hereinafter called "the compact," is hereby enacted into law and20191
entered into with all other jurisdictions legally joining therein20192
in the form substantially as follows:20193

"NONRESIDENT VIOLATOR COMPACT
20194

Article I
20195

Findings, Declaration of Policy and Purpose
20196

       (A) The party jurisdictions find that:20197

       (1) In most instances, a motorist who is cited for a traffic20198
violation in a jurisdiction other than his home jurisdiction:20199

       (a) Must post collateral or bond to secure appearance for20200
trial at a later date; or20201

       (b) If unable to post collateral or bond, is taken into20202
custody until the collateral or bond is posted; or20203

       (c) Is taken directly to court for his trial to be held.20204

       (2) In some instances, the motorist's driver's license may20205
be deposited as collateral to be returned after he has complied20206
with the terms of the citation.20207

       (3) The purpose of the practices described in divisions20208
(A)(1) and (2) of this article is to ensure compliance with the20209
terms of a traffic citation by the motorist who, if permitted to20210
continue on his way after receiving the traffic citation, could20211
return to his home jurisdiction and disregard his duty under the20212
terms of the traffic citation.20213

       (4) A motorist receiving a traffic citation in his home20214
jurisdiction is permitted, except for certain violations, to20215
accept the citation from the officer at the scene of the violation20216
and to immediately continue on his way after promising or being20217
instructed to comply with the terms of the citation.20218

       (5) The practice described in division (A)(1) of this20219
article causes unnecessary inconvenience and, at times, a hardship20220
for the motorist who is unable at the time to post collateral,20221
furnish a bond, stand trial, or pay the fine, and thus is20222
compelled to remain in custody until some arrangement can be made.20223

       (6) The deposit of a driver's license as a bail bond, as20224
described in division (A)(2) of this article, is viewed with20225
disfavor.20226

       (7) The practices described herein consume an undue amount20227
of law enforcement time.20228

       (B) It is the policy of the party jurisdictions to:20229

       (1) Seek compliance with the laws, ordinances, and20230
administrative rules and regulations relating to the operation of20231
motor vehicles in each of the jurisdictions;20232

       (2) Allow motorists to accept a traffic citation for certain20233
violations and proceed on their way without delay whether or not20234
the motorist is a resident of the jurisdiction in which the20235
citation was issued;20236

       (3) Extend cooperation to its fullest extent among the20237
jurisdictions for obtaining compliance with the terms of a traffic20238
citation issued in one jurisdiction to a resident of another20239
jurisdiction;20240

       (4) Maximize effective utilization of law enforcement20241
personnel and assist court systems in the efficient disposition of20242
traffic violations.20243

       (C) The purpose of this compact is to:20244

       (1) Provide a means through which the party jurisdictions20245
may participate in a reciprocal program to effectuate the policies20246
enumerated in division (B) of this article in a uniform and20247
orderly manner;20248

       (2) Provide for the fair and impartial treatment of traffic20249
violators operating within party jurisdictions in recognition of20250
the motorist's right of due process and the sovereign status of a20251
party jurisdiction.20252

Article II Definitions
20253

       (A) In the nonresident violator compact, the following words20254
have the meaning indicated, unless the context requires otherwise.20255

       (B)(1) "Citation" means any summons, ticket, or other20256
official document issued by a police officer for a traffic20257
violation containing an order which requires the motorist to20258
respond.20259

       (2) "Collateral" means any cash or other security deposited20260
to secure an appearance for trial, following the issuance by a20261
police officer of a citation for a traffic violation.20262

       (3) "Court" means a court of law or traffic tribunal.20263

       (4) "Driver's license" means any license or privilege to20264
operate a motor vehicle issued under the laws of the home20265
jurisdiction.20266

       (5) "Home jurisdiction" means the jurisdiction that issued20267
the driver's license of the traffic violator.20268

       (6) "Issuing jurisdiction" means the jurisdiction in which20269
the traffic citation was issued to the motorist.20270

       (7) "Jurisdiction" means a state, territory, or possession20271
of the United States, the District of Columbia, or the20272
Commonwealth of Puerto Rico.20273

       (8) "Motorist" means a driver of a motor vehicle operating20274
in a party jurisdiction other than the home jurisdiction.20275

       (9) "Personal recognizance" means an agreement by a motorist20276
made at the time of issuance of the traffic citation that he will20277
comply with the terms of that traffic citation.20278

       (10) "Police officer" means any individual authorized by the20279
party jurisdiction to issue a citation for a traffic violation.20280

       (11) "Terms of the citation" means those options expressly20281
stated upon the citation.20282

Article III
20283

Procedure for Issuing Jurisdiction
20284

       (A) When issuing a citation for a traffic violation, a20285
police officer shall issue the citation to a motorist who20286
possesses a driver's license issued by a party jurisdiction and20287
shall not, subject to the exceptions noted in division (B) of this20288
article, require the motorist to post collateral to secure20289
appearance, if the officer receives the motorist's signed,20290
personal recognizance that he or she will comply with the terms of20291
the citation.20292

       (B) Personal recognizance is acceptable only if not20293
prohibited by law. If mandatory appearance is required, it must20294
take place immediately following issuance of the citation.20295

       (C) Upon failure of a motorist to comply with the terms of a20296
traffic citation, the appropriate official shall report the20297
failure to comply to the licensing authority of the jurisdiction20298
in which the traffic citation was issued. The report shall be20299
made in accordance with procedures specified by the issuing20300
jurisdiction and shall contain information as specified in the20301
compact manual as minimum requirements for effective processing by20302
the home jurisdiction.20303

       (D) Upon receipt of the report, the licensing authority of20304
the issuing jurisdiction shall transmit to the licensing authority20305
in the home jurisdiction of the motorist the information in a form20306
and content as contained in the compact manual.20307

       (E) The licensing authority of the issuing jurisdiction may20308
not suspend the privilege of a motorist for whom a report has been20309
transmitted.20310

       (F) The licensing authority of the issuing jurisdiction20311
shall not transmit a report on any violation if the date of20312
transmission is more than six months after the date on which the20313
traffic citation was issued.20314

       (G) The licensing authority of the issuing jurisdiction20315
shall not transmit a report on any violation where the date of20316
issuance of the citation predates the most recent of the effective20317
dates of entry for the two jurisdictions affected.20318

Article IV Procedures for Home Jurisdiction
20319

       (A) Upon receipt of a report of a failure to comply from the20320
licensing authority of the issuing jurisdiction, the licensing20321
authority of the home jurisdiction shall notify the motorist and20322
initiate a suspension action, in accordance with the home20323
jurisdiction's procedures, to suspend the motorist's driver's20324
license until satisfactory evidence of compliance with the terms20325
of the traffic citation has been furnished to the home20326
jurisdiction licensing authority. Due process safeguards will be20327
accorded.20328

       (B) The licensing authority of the home jurisdiction shall20329
maintain a record of actions taken and make reports to issuing20330
jurisdictions as provided in the compact manual.20331

Article V Applicability of Other Laws
20332

       Except as expressly required by provisions of this compact,20333
nothing contained herein shall be construed to affect the right of20334
any party jurisdiction to apply any of its other laws relating to20335
licenses to drive to any person or circumstance, or to invalidate20336
or prevent any driver license agreement or other cooperative20337
arrangement between a party jurisdiction and nonparty20338
jurisdiction.20339

Article VI Compact Administrator Procedures
20340

       (A) For the purpose of administering the provisions of this20341
compact and to serve as a governing body for the resolution of all20342
matters relating to the operation of this compact, a board of20343
compact administrators is established. The board shall be20344
composed of one representative from each party jurisdiction to be20345
known as the compact administrator. The compact administrator20346
shall be appointed by the jurisdiction executive and will serve20347
and be subject to removal in accordance with the laws of the20348
jurisdiction he represents. A compact administrator may provide20349
for the discharge of his duties and the performance of his20350
functions as a board member by an alternate. An alternate may not20351
be entitled to serve unless written notification of his identity20352
has been given to the board.20353

       (B) Each member of the board of compact administrators shall20354
be entitled to one vote. No action of the board shall be binding20355
unless taken at a meeting at which a majority of the total number20356
of votes on the board are cast in favor. Action by the board20357
shall be only at a meeting at which a majority of the party20358
jurisdictions are represented.20359

       (C) The board shall elect annually, from its membership, a20360
chairman and a vice chairman.20361

       (D) The board shall adopt bylaws, not inconsistent with the20362
provisions of this compact or the laws of a party jurisdiction,20363
for the conduct of its business and shall have the power to amend20364
and rescind its bylaws.20365

       (E) The board may accept for any of its purposes and20366
functions under this compact any and all donations, and grants of20367
money, equipment, supplies, materials, and services, conditional20368
or otherwise, from any jurisdiction, the United States, or any20369
other governmental agency, and may receive, utilize, and dispose20370
of the same.20371

       (F) The board may contract with, or accept services or20372
personnel from, any governmental or intergovernmental agency,20373
person, firm, or corporation, or any private nonprofit20374
organization or institution.20375

       (G) The board shall formulate all necessary procedures and20376
develop uniform forms and documents for administering the20377
provisions of this compact. All procedures and forms adopted20378
pursuant to board action shall be contained in the compact manual.20379

Article VII Entry into Compact and Withdrawal
20380

       (A) This compact shall become effective when it has been20381
adopted by at least two jurisdictions.20382

       (B)(1) Entry into the compact shall be made by a resolution20383
of ratification executed by the authorized officials of the20384
applying jurisdiction and submitted to the chairman of the board.20385

       (2) The resolution shall be in a form and content as20386
provided in the compact manual and shall include statements that20387
in substance are as follows:20388

       (a) A citation of the authority by which the jurisdiction is20389
empowered to become a party to this compact;20390

       (b) Agreement to comply with the terms and provisions of the20391
compact;20392

       (c) That compact entry is with all jurisdictions then party20393
to the compact and with any jurisdiction that legally becomes a20394
party to the compact.20395

       (3) The effective date of entry shall be specified by the20396
applying jurisdiction, but it shall not be less than sixty days20397
after notice has been given by the chairman of the board of20398
compact administrators or by the secretariat of the board to each20399
party jurisdiction that the resolution from the applying20400
jurisdiction has been received.20401

       (C) A party jurisdiction may withdraw from this compact by20402
official written notice to the other party jurisdictions, but a20403
withdrawal shall not take effect until ninety days after notice of20404
withdrawal is given. The notice shall be directed to the compact20405
administrator of each member jurisdiction. No withdrawal shall20406
affect the validity of this compact as to the remaining party20407
jurisdictions.20408

Article VIII Exceptions
20409

       The provisions of this compact shall not apply to parking or20410
standing violations, highway weight limit violations, and20411
violations of law governing the transportation of hazardous20412
materials.20413

Article IX Amendments to the Compact
20414

       (A) This compact may be amended from time to time.20415
Amendments shall be presented in resolution form to the chairman20416
of the board of compact administrators and may be initiated by one20417
or more party jurisdictions.20418

       (B) Adoption of an amendment shall require endorsement of20419
all party jurisdictions and shall become effective thirty days20420
after the date of the last endorsement.20421

       (C) Failure of a party jurisdiction to respond to the20422
compact chairman within one hundred twenty days after receipt of20423
the proposed amendment shall constitute endorsement.20424

Article X Construction and Severability
20425

       This compact shall be liberally construed so as to effectuate20426
the purposes stated herein. The provisions of this compact shall20427
be severable and if any phrase, clause, sentence, or provision of20428
this compact is declared to be contrary to the constitution of any20429
party jurisdiction or of the United States or the applicability20430
thereof to any government, agency, person, or circumstance, the20431
compact shall not be affected thereby. If this compact shall be20432
held contrary to the constitution of any jurisdiction party20433
thereto, the compact shall remain in full force and effect as to20434
the remaining jurisdictions and in full force and effect as to the20435
jurisdiction affected as to all severable matters.20436

Article XI Title
20437

       This compact shall be known as the Nonresident Violator20438
Compact of 1977."20439

       Sec. 4511.951.        Sec. 4510.72.  (A) A fee of thirty dollars shall20440
be charged by the registrar of motor vehicles for the20441
reinstatement of any driver's license suspended pursuant to20442
division (A) of Article IV of the compact enacted in section20443
4511.954510.71 of the Revised Code.20444

       (B) Pursuant to division (A) of Article VI of the20445
nonresident violator compact of 1977 enacted in section 4511.9520446
4510.71 of the Revised Code, the director of public safety shall20447
serve as the compact administrator for Ohio.20448

       Sec. 4511.01.  As used in this chapter and in Chapter 4513.20449
of the Revised Code:20450

       (A) "Vehicle" means every device, including a motorized20451
bicycle, in, upon, or by which any person or property may be20452
transported or drawn upon a highway, except that "vehicle" does20453
not include any motorized wheelchairswheelchair, devicesany20454
device that is moved by power collected from overhead electric20455
trolley wires, or that is used exclusively upon stationary rails20456
or tracks, and devicesor any device, other than bicyclesa20457
bicycle, that is moved by human power.20458

       (B) "Motor vehicle" means every vehicle propelled or drawn20459
by power other than muscular power or power collected from20460
overhead electric trolley wires, except motorized bicycles, road20461
rollers, traction engines, power shovels, power cranes, and other20462
equipment used in construction work and not designed for or20463
employed in general highway transportation, hole-digging20464
machinery, well-drilling machinery, ditch-digging machinery, farm20465
machinery, trailers used to transport agricultural produce or20466
agricultural production materials between a local place of storage20467
or supply and the farm when drawn or towed on a street or highway20468
at a speed of twenty-five miles per hour or less, threshing20469
machinery, hay-baling machinery, agricultural tractors and20470
machinery used in the production of horticultural, floricultural,20471
agricultural, and vegetable products, and trailers designed and20472
used exclusively to transport a boat between a place of storage20473
and a marina, or in and around a marina, when drawn or towed on a20474
street or highway for a distance of no more than ten miles and at20475
a speed of twenty-five miles per hour or less.20476

       (C) "Motorcycle" means every motor vehicle, other than a20477
tractor, having a saddle for the use of the operator and designed20478
to travel on not more than three wheels in contact with the20479
ground, including, but not limited to, motor vehicles known as20480
"motor-driven cycle," "motor scooter," or "motorcycle" without20481
regard to weight or brake horsepower.20482

       (D) "Emergency vehicle" means emergency vehicles of20483
municipal, township, or county departments or public utility20484
corporations when identified as such as required by law, the20485
director of public safety, or local authorities, and motor20486
vehicles when commandeered by a police officer.20487

       (E) "Public safety vehicle" means any of the following:20488

       (1) Ambulances, including private ambulance companies under20489
contract to a municipal corporation, township, or county, and20490
private ambulances and nontransport vehicles bearing license20491
plates issued under section 4503.49 of the Revised Code;20492

       (2) Motor vehicles used by public law enforcement officers20493
or other persons sworn to enforce the criminal and traffic laws of20494
the state;20495

       (3) Any motor vehicle when properly identified as required20496
by the director of public safety, when used in response to fire20497
emergency calls or to provide emergency medical service to ill or20498
injured persons, and when operated by a duly qualified person who20499
is a member of a volunteer rescue service or a volunteer fire20500
department, and who is on duty pursuant to the rules or directives20501
of that service. The state fire marshal shall be designated by20502
the director of public safety as the certifying agency for all20503
public safety vehicles described in division (E)(3) of this20504
section.20505

       (4) Vehicles used by fire departments, including motor20506
vehicles when used by volunteer fire fighters responding to20507
emergency calls in the fire department service when identified as20508
required by the director of public safety.20509

       Any vehicle used to transport or provide emergency medical20510
service to an ill or injured person, when certified as a public20511
safety vehicle, shall be considered a public safety vehicle when20512
transporting an ill or injured person to a hospital regardless of20513
whether such vehicle has already passed a hospital.20514

       (5) Vehicles used by the commercial motor vehicle safety20515
enforcement unit for the enforcement of orders and rules of the20516
public utilities commission as specified in section 5503.34 of the20517
Revised Code.20518

       (F) "School bus" means every bus designed for carrying more20519
than nine passengers that is owned by a public, private, or20520
governmental agency or institution of learning and operated for20521
the transportation of children to or from a school session or a20522
school function, or owned by a private person and operated for20523
compensation for the transportation of children to or from a20524
school session or a school function, provided "school bus" does20525
not include a bus operated by a municipally owned transportation20526
system, a mass transit company operating exclusively within the20527
territorial limits of a municipal corporation, or within such20528
limits and the territorial limits of municipal corporations20529
immediately contiguous to such municipal corporation, nor a common20530
passenger carrier certified by the public utilities commission20531
unless such bus is devoted exclusively to the transportation of20532
children to and from a school session or a school function, and20533
"school bus" does not include a van or bus used by a licensed20534
child day-care center or type A family day-care home to transport20535
children from the child day-care center or type A family day-care20536
home to a school if the van or bus does not have more than fifteen20537
children in the van or bus at any time.20538

       (G) "Bicycle" means every device, other than a tricycle20539
designed solely for use as a play vehicle by a child, propelled20540
solely by human power upon which any person may ride having either20541
two tandem wheels, or one wheel in the front and two wheels in the20542
rear, any of which is more than fourteen inches in diameter.20543

       (H) "Motorized bicycle" means any vehicle having either two20544
tandem wheels or one wheel in the front and two wheels in the20545
rear, that is capable of being pedaled and is equipped with a20546
helper motor of not more than fifty cubic centimeters piston20547
displacement that produces no more than one brake horsepower and20548
is capable of propelling the vehicle at a speed of no greater than20549
twenty miles per hour on a level surface.20550

       (I) "Commercial tractor" means every motor vehicle having20551
motive power designed or used for drawing other vehicles and not20552
so constructed as to carry any load thereon, or designed or used20553
for drawing other vehicles while carrying a portion of such other20554
vehicles, or load thereon, or both.20555

       (J) "Agricultural tractor" means every self-propelling20556
vehicle designed or used for drawing other vehicles or wheeled20557
machinery but having no provision for carrying loads independently20558
of such other vehicles, and used principally for agricultural20559
purposes.20560

       (K) "Truck" means every motor vehicle, except trailers and20561
semitrailers, designed and used to carry property.20562

       (L) "Bus" means every motor vehicle designed for carrying20563
more than nine passengers and used for the transportation of20564
persons other than in a ridesharing arrangement, and every motor20565
vehicle, automobile for hire, or funeral car, other than a taxicab20566
or motor vehicle used in a ridesharing arrangement, designed and20567
used for the transportation of persons for compensation.20568

       (M) "Trailer" means every vehicle designed or used for20569
carrying persons or property wholly on its own structure and for20570
being drawn by a motor vehicle, including any such vehicle when20571
formed by or operated as a combination of a "semitrailer" and a20572
vehicle of the dolly type, such as that commonly known as a20573
"trailer dolly," a vehicle used to transport agricultural produce20574
or agricultural production materials between a local place of20575
storage or supply and the farm when drawn or towed on a street or20576
highway at a speed greater than twenty-five miles per hour, and a20577
vehicle designed and used exclusively to transport a boat between20578
a place of storage and a marina, or in and around a marina, when20579
drawn or towed on a street or highway for a distance of more than20580
ten miles or at a speed of more than twenty-five miles per hour.20581

       (N) "Semitrailer" means every vehicle designed or used for20582
carrying persons or property with another and separate motor20583
vehicle so that in operation a part of its own weight or that of20584
its load, or both, rests upon and is carried by another vehicle.20585

       (O) "Pole trailer" means every trailer or semitrailer20586
attached to the towing vehicle by means of a reach, pole, or by20587
being boomed or otherwise secured to the towing vehicle, and20588
ordinarily used for transporting long or irregular shaped loads20589
such as poles, pipes, or structural members capable, generally, of20590
sustaining themselves as beams between the supporting connections.20591

       (P) "Railroad" means a carrier of persons or property20592
operating upon rails placed principally on a private right-of-way.20593

       (Q) "Railroad train" means a steam engine or an electric or20594
other motor, with or without cars coupled thereto, operated by a20595
railroad.20596

       (R) "Streetcar" means a car, other than a railroad train,20597
for transporting persons or property, operated upon rails20598
principally within a street or highway.20599

       (S) "Trackless trolley" means every car that collects its20600
power from overhead electric trolley wires and that is not20601
operated upon rails or tracks.20602

       (T) "Explosives" means any chemical compound or mechanical20603
mixture that is intended for the purpose of producing an explosion20604
that contains any oxidizing and combustible units or other20605
ingredients in such proportions, quantities, or packing that an20606
ignition by fire, by friction, by concussion, by percussion, or by20607
a detonator of any part of the compound or mixture may cause such20608
a sudden generation of highly heated gases that the resultant20609
gaseous pressures are capable of producing destructive effects on20610
contiguous objects, or of destroying life or limb. Manufactured20611
articles shall not be held to be explosives when the individual20612
units contain explosives in such limited quantities, of such20613
nature, or in such packing, that it is impossible to procure a20614
simultaneous or a destructive explosion of such units, to the20615
injury of life, limb, or property by fire, by friction, by20616
concussion, by percussion, or by a detonator, such as fixed20617
ammunition for small arms, firecrackers, or safety fuse matches.20618

       (U) "Flammable liquid" means any liquid that has a flash20619
point of seventy degrees Fahrenheit, or less, as determined by a20620
tagliabue or equivalent closed cup test device.20621

       (V) "Gross weight" means the weight of a vehicle plus the20622
weight of any load thereon.20623

       (W) "Person" means every natural person, firm,20624
co-partnership, association, or corporation.20625

       (X) "Pedestrian" means any natural person afoot.20626

       (Y) "Driver or operator" means every person who drives or is20627
in actual physical control of a vehicle, trackless trolley, or20628
streetcar.20629

       (Z) "Police officer" means every officer authorized to20630
direct or regulate traffic, or to make arrests for violations of20631
traffic regulations.20632

       (AA) "Local authorities" means every county, municipal, and20633
other local board or body having authority to adopt police20634
regulations under the constitution and laws of this state.20635

       (BB) "Street" or "highway" means the entire width between20636
the boundary lines of every way open to the use of the public as a20637
thoroughfare for purposes of vehicular travel.20638

       (CC) "Controlled-access highway" means every street or20639
highway in respect to which owners or occupants of abutting lands20640
and other persons have no legal right of access to or from the20641
same except at such points only and in such manner as may be20642
determined by the public authority having jurisdiction over such20643
street or highway.20644

       (DD) "Private road or driveway" means every way or place in20645
private ownership used for vehicular travel by the owner and those20646
having express or implied permission from the owner but not by20647
other persons.20648

       (EE) "Roadway" means that portion of a highway improved,20649
designed, or ordinarily used for vehicular travel, except the berm20650
or shoulder. If a highway includes two or more separate roadways20651
the term "roadway" means any such roadway separately but not all20652
such roadways collectively.20653

       (FF) "Sidewalk" means that portion of a street between the20654
curb lines, or the lateral lines of a roadway, and the adjacent20655
property lines, intended for the use of pedestrians.20656

       (GG) "Laned highway" means a highway the roadway of which is20657
divided into two or more clearly marked lanes for vehicular20658
traffic.20659

       (HH) "Through highway" means every street or highway as20660
provided in section 4511.65 of the Revised Code.20661

       (II) "State highway" means a highway under the jurisdiction20662
of the department of transportation, outside the limits of20663
municipal corporations, provided that the authority conferred upon20664
the director of transportation in section 5511.01 of the Revised20665
Code to erect state highway route markers and signs directing20666
traffic shall not be modified by sections 4511.01 to 4511.79 and20667
4511.99 of the Revised Code.20668

       (JJ) "State route" means every highway that is designated20669
with an official state route number and so marked.20670

       (KK) "Intersection" means:20671

       (1) The area embraced within the prolongation or connection20672
of the lateral curb lines, or, if none, then the lateral boundary20673
lines of the roadways of two highways which join one another at,20674
or approximately at, right angles, or the area within which20675
vehicles traveling upon different highways joining at any other20676
angle may come in conflict.20677

       (2) Where a highway includes two roadways thirty feet or20678
more apart, then every crossing of each roadway of such divided20679
highway by an intersecting highway shall be regarded as a separate20680
intersection. If an intersecting highway also includes two20681
roadways thirty feet or more apart, then every crossing of two20682
roadways of such highways shall be regarded as a separate20683
intersection.20684

       (3) The junction of an alley with a street or highway, or20685
with another alley, shall not constitute an intersection.20686

       (LL) "Crosswalk" means:20687

       (1) That part of a roadway at intersections ordinarily20688
included within the real or projected prolongation of property20689
lines and curb lines or, in the absence of curbs, the edges of the20690
traversable roadway;20691

       (2) Any portion of a roadway at an intersection or20692
elsewhere, distinctly indicated for pedestrian crossing by lines20693
or other markings on the surface;20694

       (3) Notwithstanding divisions (LL)(1) and (2) of this20695
section, there shall not be a crosswalk where local authorities20696
have placed signs indicating no crossing.20697

       (MM) "Safety zone" means the area or space officially set20698
apart within a roadway for the exclusive use of pedestrians and20699
protected or marked or indicated by adequate signs as to be20700
plainly visible at all times.20701

       (NN) "Business district" means the territory fronting upon a20702
street or highway, including the street or highway, between20703
successive intersections within municipal corporations where fifty20704
per cent or more of the frontage between such successive20705
intersections is occupied by buildings in use for business, or20706
within or outside municipal corporations where fifty per cent or20707
more of the frontage for a distance of three hundred feet or more20708
is occupied by buildings in use for business, and the character of20709
such territory is indicated by official traffic control devices.20710

       (OO) "Residence district" means the territory, not20711
comprising a business district, fronting on a street or highway,20712
including the street or highway, where, for a distance of three20713
hundred feet or more, the frontage is improved with residences or20714
residences and buildings in use for business.20715

       (PP) "Urban district" means the territory contiguous to and20716
including any street or highway which is built up with structures20717
devoted to business, industry, or dwelling houses situated at20718
intervals of less than one hundred feet for a distance of a20719
quarter of a mile or more, and the character of such territory is20720
indicated by official traffic control devices.20721

       (QQ) "Traffic control devices" means all flaggers, signs,20722
signals, markings, and devices placed or erected by authority of a20723
public body or official having jurisdiction, for the purpose of20724
regulating, warning, or guiding traffic, including signs denoting20725
names of streets and highways.20726

       (RR) "Traffic control signal" means any device, whether20727
manually, electrically, or mechanically operated, by which traffic20728
is alternately directed to stop, to proceed, to change direction,20729
or not to change direction.20730

       (SS) "Railroad sign or signal" means any sign, signal, or20731
device erected by authority of a public body or official or by a20732
railroad and intended to give notice of the presence of railroad20733
tracks or the approach of a railroad train.20734

       (TT) "Traffic" means pedestrians, ridden or herded animals,20735
vehicles, streetcars, trackless trolleys, and other devices,20736
either singly or together, while using any highway for purposes of20737
travel.20738

       (UU) "Right-of-way" means either of the following, as the20739
context requires:20740

       (1) The right of a vehicle, streetcar, trackless trolley, or20741
pedestrian to proceed uninterruptedly in a lawful manner in the20742
direction in which it or the individual is moving in preference to20743
another vehicle, streetcar, trackless trolley, or pedestrian20744
approaching from a different direction into its or the20745
individual's path;20746

       (2) A general term denoting land, property, or the interest20747
therein, usually in the configuration of a strip, acquired for or20748
devoted to transportation purposes. When used in this context,20749
right-of-way includes the roadway, shoulders or berm, ditch, and20750
slopes extending to the right-of-way limits under the control of20751
the state or local authority.20752

       (VV) "Rural mail delivery vehicle" means every vehicle used20753
to deliver United States mail on a rural mail delivery route.20754

       (WW) "Funeral escort vehicle" means any motor vehicle,20755
including a funeral hearse, while used to facilitate the movement20756
of a funeral procession.20757

       (XX) "Alley" means a street or highway intended to provide20758
access to the rear or side of lots or buildings in urban districts20759
and not intended for the purpose of through vehicular traffic, and20760
includes any street or highway that has been declared an "alley"20761
by the legislative authority of the municipal corporation in which20762
such street or highway is located.20763

       (YY) "Freeway" means a divided multi-lane highway for20764
through traffic with all crossroads separated in grade and with20765
full control of access.20766

       (ZZ) "Expressway" means a divided arterial highway for20767
through traffic with full or partial control of access with an20768
excess of fifty per cent of all crossroads separated in grade.20769

       (AAA) "Thruway" means a through highway whose entire roadway20770
is reserved for through traffic and on which roadway parking is20771
prohibited.20772

       (BBB) "Stop intersection" means any intersection at one or20773
more entrances of which stop signs are erected.20774

       (CCC) "Arterial street" means any United States or state20775
numbered route, controlled access highway, or other major radial20776
or circumferential street or highway designated by local20777
authorities within their respective jurisdictions as part of a20778
major arterial system of streets or highways.20779

       (DDD) "Ridesharing arrangement" means the transportation of20780
persons in a motor vehicle where such transportation is incidental20781
to another purpose of a volunteer driver and includes ridesharing20782
arrangements known as carpools, vanpools, and buspools.20783

       (EEE) "Motorized wheelchair" means any self-propelled20784
vehicle designed for, and used by, a handicapped person and that20785
is incapable of a speed in excess of eight miles per hour.20786

       (FFF) "Child day-care center" and "type A family day-care20787
home" have the same meanings as in section 5104.01 of the Revised20788
Code.20789

       (GGG) "Multi-wheel agricultural tractor" means a type of20790
agricultural tractor that has two or more wheels or tires on each20791
side of one axle at the rear of the tractor, is designed or used20792
for drawing other vehicles or wheeled machinery, has no provision20793
for carrying loads independently of the drawn vehicles or20794
machinery, and is used principally for agricultural purposes.20795

       (HHH)"Operate" means to cause or have caused movement of a20796
vehicle, streetcar, or trackless trolley on any public or private20797
property used by the public for purposes of vehicular travel or20798
parking.20799

       (III) "Predicate motor vehicle or traffic offense" means any20800
of the following:20801

       (1) A violation of section 4511.03, 4511.051, 4511.12,20802
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,20803
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,20804
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,20805
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,20806
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,20807
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,20808
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,20809
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,20810
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,20811
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;20812

       (2) A violation of division (A)(2) of section 4511.17,20813
divisions (A) to (D) of section 4511.51, or division (A) of20814
section 4511.74 of the Revised Code;20815

       (3) A violation of any provision of sections 4511.01 to20816
4511.76 of the Revised Code for which no penalty otherwise is20817
provided in the section that contains the provision violated;20818

       (4) A violation of a municipal ordinance that is20819
substantially similar to any section or provision set forth or20820
described in division (III)(1), (2), or (3) of this section.20821

       Sec. 4511.03. (A) The driver of any emergency vehicle or20822
public safety vehicle, when responding to an emergency call, upon20823
approaching a red or stop signal or any stop sign shall slow down20824
as necessary for safety to traffic, but may proceed cautiously20825
past such red or stop sign or signal with due regard for the20826
safety of all persons using the street or highway.20827

       (B)Except as otherwise provided in this division, whoever20828
violates this section is guilty of a minor misdemeanor. If,20829
within one year of the offense, the offender previously has been20830
convicted of or pleaded guilty to one predicate motor vehicle or20831
traffic offense, whoever violates this section is guilty of a20832
misdemeanor of the fourth degree. If, within one year of the20833
offense, the offender previously has been convicted of two or more20834
predicate motor vehicle or traffic offenses, whoever violates this20835
section is guilty of a misdemeanor of the third degree.20836

       Sec. 4511.051. (A) No person, unless otherwise directed by20837
a police officer, shall:20838

       (A)(1) As a pedestrian, occupy any space within the limits20839
of the right-of-way of a freeway, except: in a rest area; on a20840
facility that is separated from the roadway and shoulders of the20841
freeway and is designed and appropriately marked for pedestrian20842
use; in the performance of public works or official duties; as a20843
result of an emergency caused by an accident or breakdown of a20844
motor vehicle; or to obtain assistance;20845

       (B)(2) Occupy any space within the limits of the20846
right-of-way of a freeway, with: an animal-drawn vehicle; a20847
ridden or led animal; herded animals; a pushcart; a bicycle,20848
except on a facility that is separated from the roadway and20849
shoulders of the freeway and is designed and appropriately marked20850
for bicycle use; a bicycle with motor attached; a motor driven20851
cycle with a motor which produces not to exceed five brake20852
horsepower; an agricultural tractor; farm machinery; except in the20853
performance of public works or official duties.20854

       (B)Except as otherwise provided in this division, whoever20855
violates this section is guilty of a minor misdemeanor. If,20856
within one year of the offense, the offender previously has been20857
convicted of or pleaded guilty to one predicate motor vehicle or20858
traffic offense, whoever violates this section is guilty of a20859
misdemeanor of the fourth degree. If, within one year of the20860
offense, the offender previously has been convicted of two or more20861
predicate motor vehicle or traffic offenses, whoever violates this20862
section is guilty of a misdemeanor of the third degree.20863

       Sec. 4511.11.  (A) Local authorities in their respective20864
jurisdictions shall place and maintain traffic control devices in20865
accordance with the department of transportation manual and20866
specifications for a uniform system of traffic control devices,20867
adopted under section 4511.09 of the Revised Code, upon highways20868
under their jurisdiction as are necessary to indicate and to carry20869
out sections 4511.01 to 4511.76 and 4511.99 of the Revised Code,20870
local traffic ordinances, or to regulate, warn, or guide traffic.20871

       (B) The director of transportation may require to be removed20872
any traffic control device that does not conform to the manual and20873
specifications for a uniform system of traffic control devices on20874
the extensions of the state highway system within municipal20875
corporations.20876

       (C) No village shall place or maintain any traffic control20877
signal upon an extension of the state highway system within the20878
village without first obtaining the permission of the director. 20879
The director may revoke the permission and may require to be20880
removed any traffic control signal that has been erected without20881
histhe director's permission on an extension of a state highway20882
within a village, or that, if erected under a permit granted by20883
the director, does not conform to the state manual and20884
specifications, or that is not operated in accordance with the20885
terms of the permit.20886

       (D) All traffic control devices erected on a public road,20887
street, or alley, shall conform to the state manual and20888
specifications.20889

       (E) No person, firm, or corporation shall sell or offer for20890
sale to local authorities any traffic control device that does not20891
conform to the state manual and specifications, except by20892
permission of the director.20893

       (F) No local authority shall purchase or manufacture any20894
traffic control device that does not conform to the state manual20895
and specifications, except by permission of the director.20896

       (G)Whoever violates division (E) of this section is guilty20897
of a misdemeanor of the third degree.20898

       Sec. 4511.12. (A) No pedestrian, driver of a vehicle, or20899
operator of a streetcar or trackless trolley shall disobey the20900
instructions of any traffic control device placed in accordance20901
with this chapter, unless at the time otherwise directed by a20902
police officer.20903

       No provision of this chapter for which signs are required20904
shall be enforced against an alleged violator if at the time and20905
place of the alleged violation an official sign is not in proper20906
position and sufficiently legible to be seen by an ordinarily20907
observant person. Whenever a particular section of this chapter20908
does not state that signs are required, that section shall be20909
effective even though no signs are erected or in place.20910

       (B)Except as otherwise provided in this division, whoever20911
violates this section is guilty of a minor misdemeanor. If,20912
within one year of the offense, the offender previously has been20913
convicted of or pleaded guilty to one predicate motor vehicle or20914
traffic offense, whoever violates this section is guilty of a20915
misdemeanor of the fourth degree. If, within one year of the20916
offense, the offender previously has been convicted of two or more20917
predicate motor vehicle or traffic offenses, whoever violates this20918
section is guilty of a misdemeanor of the third degree.20919

       Sec. 4511.132. (A) The driver of a vehicle, streetcar, or20920
trackless trolley who approaches an intersection where traffic is20921
controlled by traffic control signals shall do all of the20922
following, if the signal facing himthe driver either exhibits no20923
colored lights or colored lighted arrows or exhibits a combination20924
of such lights or arrows that fails to clearly indicate the20925
assignment of right-of-way:20926

       (A)(1) Stop at a clearly marked stop line, but if none, stop20927
before entering the crosswalk on the near side of the20928
intersection, or, if none, stop before entering the intersection;20929

       (B)(2) Yield the right-of-way to all vehicles, streetcars,20930
or trackless trolleys in the intersection or approaching on an20931
intersecting road, if the vehicles, streetcars, or trackless20932
trolleys will constitute an immediate hazard during the time the20933
driver is moving across or within the intersection or junction of20934
roadways;20935

       (C)(3) Exercise ordinary care while proceeding through the20936
intersection.20937

       (B)Except as otherwise provided in this division, whoever20938
violates this section is guilty of a minor misdemeanor. If,20939
within one year of the offense, the offender previously has been20940
convicted of or pleaded guilty to one predicate motor vehicle or20941
traffic offense, whoever violates this section is guilty of a20942
misdemeanor of the fourth degree. If, within one year of the20943
offense, the offender previously has been convicted of two or more20944
predicate motor vehicle or traffic offenses, whoever violates this20945
section is guilty of a misdemeanor of the third degree.20946

       Sec. 4511.16. (A) No person shall place, maintain, or20947
display upon or in view of any highway any unauthorized sign,20948
signal, marking, or device which purports to be, is an imitation20949
of, or resembles a traffic control device or railroad sign or20950
signal, or which attempts to direct the movement of traffic or20951
hides from view or interferes with the effectiveness of any20952
traffic control device or any railroad sign or signal, and no20953
person shall place or maintain, nor shall any public authority20954
permit, upon any highway any traffic sign or signal bearing20955
thereon any commercial advertising. This section does not20956
prohibit either the erection upon private property adjacent to20957
highways of signs giving useful directional information and of a20958
type that cannot be mistaken for traffic control devices or the20959
erection upon private property of traffic control devices by the20960
owner of real property in accordance with sections 4511.211 and20961
4511.432 of the Revised Code.20962

       Every such prohibited sign, signal, marking, or device is a20963
public nuisance, and the authority having jurisdiction over the20964
highway may remove it or cause it to be removed.20965

       (B)Except as otherwise provided in this division, whoever20966
violates this section is guilty of a minor misdemeanor. If,20967
within one year of the offense, the offender previously has been20968
convicted of or pleaded guilty to one predicate motor vehicle or20969
traffic offense, whoever violates this section is guilty of a20970
misdemeanor of the fourth degree. If, within one year of the20971
offense, the offender previously has been convicted of two or more20972
predicate motor vehicle or traffic offenses, whoever violates this20973
section is guilty of a misdemeanor of the third degree.20974

       Sec. 4511.17. (A) No person, without lawful authority,20975
shall do any of the following:20976

       (A) knowingly(1)Knowingly move, deface, damage, destroy,20977
or otherwise improperly tamper with any traffic control device,20978
any railroad sign or signal, or any inscription, shield, or20979
insignia on the device, sign, or signal, or any part of the20980
device, sign, or signal;20981

       (B) knowingly(2)Knowingly drive upon or over any freshly20982
applied pavement marking material on the surface of a roadway20983
while the marking materiel is in an undried condition and is20984
marked by flags, markers, signs, or other devices intended to20985
protect it;20986

       (C) knowingly(3)Knowingly move, damage, destroy, or20987
otherwise improperly tamper with a manhole cover.20988

       (B)(1)Except as otherwise provided in this division, whoever20989
violates division (A)(1) or (3) of this section is guilty of a20990
misdemeanor of the third degree. If a violation of division20991
(A)(1) or (3) of this section creates a risk of physical harm to20992
any person, the offender is guilty of a misdemeanor of the first20993
degree. If a violation of division (A)(1) or (3) of this section20994
causes serious physical harm to property that is owned, leased, or20995
controlled by a state or local authority, the offender is guilty20996
of a felony of the fifth degree.20997

       (2) Except as otherwise provided in this division, whoever20998
violates division (A)(2) of this section is guilty of a minor20999
misdemeanor. If, within one year of the offense, the offender21000
previously has been convicted of or pleaded guilty to one21001
predicate motor vehicle or traffic offense, whoever violates21002
division (A)(2) of this section is guilty of a misdemeanor of the21003
fourth degree. If, within one year of the offense, the offender21004
previously has been convicted of two or more predicate motor21005
vehicle or traffic offenses, whoever violates division (A)(2) of21006
this section is guilty of a misdemeanor of the third degree.21007

       Sec. 4511.18.  (A) As used in this section, "traffic control21008
device" means any sign, traffic control signal, or other device21009
conforming to and placed or erected in accordance with the manual21010
adopted under section 4511.09 of the Revised Code by authority of21011
a public body or official having jurisdiction, for the purpose of21012
regulating, warning, or guiding traffic, including signs denoting21013
the names of streets and highways, but does not mean any pavement21014
marking.21015

       (B) No individual shall buy or otherwise possess, or sell, a21016
traffic control device, except when one of the following applies:21017

       (1) In the course of histhe individual's employment by the21018
state or a local authority for the express or implied purpose of21019
manufacturing, providing, erecting, moving, or removing such a21020
traffic control device;21021

       (2) In the course of histhe individual's employment by any21022
manufacturer of traffic control devices other than a state or21023
local authority;21024

       (3) For the purpose of demonstrating the design and function21025
of a traffic control device to state or local officials;21026

       (4) When the traffic control device has been purchased from21027
the state or a local authority at a sale of property that is no21028
longer needed or is unfit for use;21029

       (5) The traffic control device has been properly purchased21030
from a manufacturer for use on private property and the person21031
possessing the device has a sales receipt for the device or other21032
acknowledgment of sale issued by the manufacturer.21033

       (C) This section does not preclude, and shall not be21034
construed as precluding, prosecution for theft in violation of21035
section 2913.02 of the Revised Code or a municipal ordinance21036
relating to theft, or for receiving stolen property in violation21037
of section 2913.51 of the Revised Code or a municipal ordinance21038
relating to receiving stolen property.21039

       (D)Whoever violates this section is guilty of a misdemeanor21040
of the third degree.21041

       Sec. 4511.181.  As used in sections 4511.181 to 4511.197 of21042
the Revised Code:21043

       (A) "Equivalent offense" means any of the following:21044

       (1) A violation of division (A) or (B) of section 4511.19 of21045
the Revised Code;21046

       (2) A violation of a municipal OVI ordinance;21047

       (3) A violation of section 2903.04 of the Revised Code in a21048
case in which the offender was subject to the sanctions described21049
in division (D) of that section;21050

       (4) A violation of division (A)(1) of section 2903.06 or21051
2903.08 of the Revised Code or a municipal ordinance that is21052
substantially equivalent to either of those divisions;21053

       (5) A violation of division (A)(2), (3), or (4) of section21054
2903.06, division (A)(2) of section 2903.08, or former section21055
2903.07 of the Revised Code, or a municipal ordinance that is21056
substantially equivalent to any of those divisions or that former21057
section, in a case in which a judge or jury as the trier of fact21058
found that the offender was under the influence of alcohol, a drug21059
of abuse, or a combination of them; 21060

       (6) A violation of an existing or former municipal21061
ordinance, law of another state, or law of the United States that21062
is substantially equivalent to division (A) or (B) of section21063
4511.19 of the Revised Code;21064

       (7) A violation of a former law of this state that was21065
substantially equivalent to division (A) or (B) of section 4511.1921066
of the Revised Code. 21067

       (B) "Mandatory jail term" means the mandatory term in jail of21068
three, six, ten, twenty, thirty, or sixty days that must be21069
imposed under division (G)(1)(a), (b), or (c) of section 4511.1921070
of the Revised Code upon an offender convicted of a violation of21071
division (A) of that section and in relation to which all of the21072
following apply:21073

       (1) Except as specifically authorized under section 4511.1921074
of the Revised Code, the term must be served in a jail.21075

       (2) Except as specifically authorized under section 4511.1921076
of the Revised Code, the term cannot be suspended, reduced, or21077
otherwise modified pursuant to section 2929.51, 2951.02, or any21078
other provision of the Revised Code.21079

       (C) "Municipal OVI ordinance" and "municipal OVI offense"21080
mean any municipal ordinance prohibiting a person from operating a21081
vehicle while under the influence of alcohol, a drug of abuse, or21082
a combination of them or prohibiting a person from operating a21083
vehicle with a prohibited concentration of alcohol in the whole21084
blood, blood serum or plasma, breath, or urine.21085

       (D) "Community residential sanction," "jail," "mandatory21086
prison term," "mandatory term of local incarceration," "sanction,"21087
and "prison term" have the same meanings as in section 2929.01 of21088
the Revised Code.21089

       Sec. 4511.19.  (A) No person shall operate any vehicle,21090
streetcar, or trackless trolley within this state, if,at the time21091
of the operation, any of the following apply:21092

       (1) The person is under the influence of alcohol, a drug of21093
abuse, or alcohol and a drug of abusecombination of them;21094

       (2) The person has a concentration of ten-hundredths of one21095
per cent or more but less than seventeen-hundredths of one per21096
cent by weight per unit volume of alcohol in the person's whole21097
blood;21098

       (3) The person has a concentration of twelve-hundredths of21099
one per cent or more but less than two hundred four-thousandths of21100
one per cent by weight per unit volume of alcohol in the person's21101
blood serum or plasma;21102

       (4) The person has a concentration of ten-hundredths of one21103
gram or more but less than seventeen-hundredths of one gram by21104
weight of alcohol per two hundred ten liters of the person's21105
breath;21106

       (4)(5) The person has a concentration of fourteen-hundredths21107
of one gram or more but less than two hundred21108
thirty-eight-thousandths of one gram by weight of alcohol per one21109
hundred milliliters of the person's urine;21110

       (5)(6) The person has a concentration of21111
seventeen-hundredths of one per cent or more by weight per unit21112
volume of alcohol in the person's whole blood;21113

       (6)(7)The person has a concentration of two hundred21114
four-thousandths of one per cent or more by weight per unit volume21115
of alcohol in the person's blood serum or plasma;21116

       (8) The person has a concentration of seventeen-hundredths21117
of one gram or more by weight of alcohol per two hundred ten21118
liters of the person's breath;21119

       (7)(9) The person has a concentration of two hundred21120
thirty-eight-thousandths of one gram or more by weight of alcohol21121
per one hundred milliliters of the person's urine.21122

       (B) No person under twenty-one years of age shall operate21123
any vehicle, streetcar, or trackless trolley within this state,21124
if,at the time of the operation, any of the following apply:21125

       (1) The person has a concentration of at least21126
two-hundredths of one per cent but less than ten-hundredths of one21127
per cent by weight per unit volume of alcohol in the person's21128
whole blood;21129

       (2) The person has a concentration of at least21130
three-hundredths of one per cent but less than twelve-hundredths21131
of one per cent by weight per unit volume of alcohol in the21132
person's blood serum or plasma;21133

       (3) The person has a concentration of at least21134
two-hundredths of one gram but less than ten-hundredths of one21135
gram by weight of alcohol per two hundred ten liters of the21136
person's breath;21137

       (3)(4) The person has a concentration of at least21138
twenty-eight one-thousandths of one gram but less than21139
fourteen-hundredths of one gram by weight of alcohol per one21140
hundred milliliters of the person's urine.21141

       (C) In any proceeding arising out of one incident, a person21142
may be charged with a violation of division (A)(1) and a violation21143
of division (B)(1), (2), or (3) of this section, but the person21144
may not be convicted of more than one violation of these21145
divisions.21146

       (D)(1) In any criminal prosecution or juvenile court21147
proceeding for a violation of this section, of a municipal21148
ordinance relating to operating a vehicle while under the21149
influence of alcohol, a drug of abuse, or alcohol and a drug of21150
abuse, or of a municipal ordinance relating to operating a vehicle21151
with a prohibited concentration of alcohol in the blood, breath,21152
or urineor for an equivalent offense, the court may admit21153
evidence on the concentration of alcohol, drugs of abuse, or21154
alcohol and drugs of abusea combination of them in the21155
defendant's whole blood, blood serum or plasma, breath, urine, or21156
other bodily substance at the time of the alleged violation as21157
shown by chemical analysis of the defendant's blood, urine,21158
breath, or other bodily substance withdrawn within two hours of21159
the time of the alleged violation.21160

       When a person submits to a blood test at the request of a21161
policelaw enforcement officer under section 4511.191 of the21162
Revised Code, only a physician, a registered nurse, or a qualified21163
technician or, chemist,or phlebotomist shall withdraw blood for21164
the purpose of determining itsthe alcohol, drug, or alcohol and21165
drug content of the whole blood, blood serum, or blood plasma.21166
This limitation does not apply to the taking of breath or urine21167
specimens. A physician, a registered nurse, or a qualified21168
technician or chemistperson authorized to withdraw blood under21169
this division may refuse to withdraw blood for the purpose of21170
determining the alcohol, drug, or alcohol and drug content of the21171
bloodunder this division, if in thethat person's opinion of the21172
physician, nurse, technician, or chemist, the physical welfare of21173
the person would be endangered by the withdrawing of blood.21174

       SuchThe bodily substance withdrawn shall be analyzed in21175
accordance with methods approved by the director of health by an21176
individual possessing a valid permit issued by the director of21177
health pursuant to section 3701.143 of the Revised Code.21178

       (2) In a criminal prosecution or juvenile court proceeding21179
for a violation of division (A) of this section, of a municipal21180
ordinance relating to operating a vehicle while under the21181
influence of alcohol, a drug of abuse, or alcohol and a drug of21182
abuse, or of a municipal ordinance substantially equivalent to21183
division (A) of this section relating to operating a vehicle with21184
a prohibited concentration of alcohol in the blood, breath, or21185
urineor for an equivalent offense, if there was at the time the21186
bodily substance was withdrawn a concentration of less than21187
ten-hundredths of one per cent by weight of alcohol in the21188
defendant's blood, less than ten-hundredths of one gram by weight21189
of alcohol per two hundred ten liters of the defendant's breath,21190
or less than fourteen-hundredths of one gram by weight of alcohol21191
per one hundred milliliters of the defendant's urine, suchthe21192
applicable concentration of alcohol specified in divisions (A)(2),21193
(3), (4), and (5) of this section, that fact may be considered21194
with other competent evidence in determining the guilt or21195
innocence of the defendant. This division does not limit or21196
affect a criminal prosecution or juvenile court proceeding for a21197
violation of division (B) of this section or of a municipal21198
ordinancefor an equivalent offense that is substantially21199
equivalent to that division (B) of this section relating to21200
operating a vehicle with a prohibited concentration of alcohol in21201
the blood, breath, or urine.21202

       (3) Upon the request of the person who was tested, the21203
results of the chemical test shall be made available to the person21204
or the person's attorney or agent, immediately upon the completion21205
of the chemical test analysis.21206

       The person tested may have a physician, a registered nurse,21207
or a qualified technician or, chemist,or phlebotomist of the21208
person's own choosing administer a chemical test or tests,at the21209
person's expense, in addition to any administered at the request21210
of a policelaw enforcement officer, and shall be so advised. The21211
form to be read to the person to be tested, as required under21212
section 4511.192 of the Revised Code, shall state that the person21213
may have an independent test performed at the person's expense.21214
The failure or inability to obtain an additional chemical test by21215
a person shall not preclude the admission of evidence relating to21216
the chemical test or tests taken at the request of a policelaw21217
enforcement officer.21218

       (4) Any(E)(1)Subject to division (E)(3) of this section,21219
in any criminal prosecution or juvenile court proceeding for a21220
violation of division (A)(2), (3), (4), (5), (6), (7), (8), or (9)21221
or (B)(1), (2), (3), or (4) of this section or for an equivalent21222
offense that is substantially equivalent to any of those21223
divisions, a laboratory report from any forensic laboratory21224
certified by the department of health that contains an analysis of21225
the whole blood, blood serum or plasma, breath, urine, or other21226
bodily substance tested and that contains all of the information21227
specified in this division shall be admitted as prima-facie21228
evidence of the information and statements that the report21229
contains. The laboratory report shall contain all of the21230
following:21231

       (a) The signature, under oath, of any person who performed21232
the analysis;21233

       (b) Any findings as to the identity and quantity of alcohol,21234
a drug of abuse, or a combination of them that was found;21235

       (c) A copy of a notarized statement by the laboratory21236
director or a designee of the director that contains the name of21237
each certified analyst or test performer involved with the report,21238
the analyst's or test performer's employment relationship with the21239
laboratory that issued the report, and a notation that performing21240
an analysis of the type involved is part of the analyst's or test21241
performer's regular duties;21242

       (d) An outline of the analyst's or test performer's21243
education, training, and experience in performing the type of21244
analysis involved and a certification that the laboratory21245
satisfies appropriate quality control standards in general and, in21246
this particular analysis, under rules of the department of health.21247

       (2) Notwithstanding any other provision of law regarding the21248
admission of evidence, a report of the type described in division21249
(E)(1) of this section is not admissible against the defendant to21250
whom it pertains in any proceeding, other than a preliminary21251
hearing or a grand jury proceeding, unless the prosecutor has21252
served a copy of the report on the defendant's attorney or, if the21253
defendant has no attorney, on the defendant.21254

       (3) A report of the type described in division (E)(1) of21255
this section shall not be prima-facie evidence of the contents,21256
identity, or amount of any substance if, within seven days after21257
the defendant to whom the report pertains or the defendant's21258
attorney receives a copy of the report, the defendant or the21259
defendant's attorney demands the testimony of the person who21260
signed the report. The judge in the case may extend the seven-day21261
time limit in the interest of justice.21262

       (F) Except as otherwise provided in this division, any21263
physician, registered nurse, or qualified technician or, chemist,21264
or phlebotomist who withdraws blood from a person pursuant to this21265
section, and any hospital, first-aid station, or clinic at which21266
blood is withdrawn from a person pursuant to this section, is21267
immune from criminal liability, and from civil liability that is21268
based upon a claim of assault and battery or based upon any other21269
claim that is not in the nature of a claim of malpractice, for any21270
act performed in withdrawing blood from the person. The immunity21271
provided in this division is not available to a person who21272
withdraws blood if the person engages in willful or wanton21273
misconduct.21274

       (G)(1) Whoever violates any provision of divisions (A)(1) to21275
(9) of this section is guilty of operating a vehicle under the21276
influence of alcohol, a drug of abuse, or a combination of them.21277
The court shall sentence the offender under Chapter 2929. of the21278
Revised Code, except as otherwise authorized or required by21279
divisions (G)(1)(a) to (e) of this section:21280

       (a) Except as otherwise provided in division (G)(1)(b), (c),21281
(d), or (e) of this section, the offender is guilty of a21282
misdemeanor of the first degree, and the court shall sentence the21283
offender to all of the following:21284

       (i) If the sentence is being imposed for a violation of21285
division (A)(1), (2), (3), (4), or (5) of this section, a21286
mandatory jail term of three consecutive days. As used in this21287
division, three consecutive days means seventy-two consecutive21288
hours. The court may sentence an offender to both an intervention21289
program and a jail term. The court may impose a jail term in21290
addition to the three-day mandatory jail term or intervention21291
program. However, in no case shall the cumulative jail term21292
imposed for the offense exceed six months.21293

       The court may suspend the execution of the three-day jail21294
term under this division if the court, in lieu of that suspended21295
term, places the offender on probation and requires the offender21296
to attend, for three consecutive days, a drivers' intervention21297
program certified under section 3793.10 of the Revised Code. The21298
court also may suspend the execution of any part of the three-day21299
jail term under this division if it places the offender on21300
probation for part of the three days, requires the offender to21301
attend for the suspended part of the term a drivers' intervention21302
program so certified, and sentences the offender to a jail term21303
equal to the remainder of the three consecutive days that the21304
offender does not spend attending the program. The court may21305
require the offender, as a condition of probation and in addition21306
to the required attendance at a drivers' intervention program, to21307
attend and satisfactorily complete any treatment or education21308
programs that comply with the minimum standards adopted pursuant21309
to Chapter 3793. of the Revised Code by the director of alcohol21310
and drug addiction services that the operators of the drivers'21311
intervention program determine that the offender should attend and21312
to report periodically to the court on the offender's progress in21313
the programs. The court also may impose on the offender any other21314
conditions of probation that it considers necessary.21315

       (ii) If the sentence is being imposed for a violation of21316
division (A)(6), (7), (8), or (9) of this section, except as21317
otherwise provided in this division, a mandatory jail term of at21318
least three consecutive days and a requirement that the offender21319
attend, for three consecutive days, a drivers' intervention21320
program that is certified pursuant to section 3793.10 of the21321
Revised Code. As used in this division, three consecutive days21322
means seventy-two consecutive hours. If the court determines that21323
the offender is not conducive to treatment in a drivers'21324
intervention program, if the offender refuses to attend a drivers'21325
intervention program, or if the jail at which the offender is to21326
serve the jail term imposed can provide a driver's intervention21327
program, the court shall sentence the offender to a mandatory jail21328
term of at least six consecutive days. 21329

       The court may require the offender, as a condition of21330
probation, to attend and satisfactorily complete any treatment or21331
education programs that comply with the minimum standards adopted21332
pursuant to Chapter 3793. of the Revised Code by the director of21333
alcohol and drug addiction services, in addition to the required21334
attendance at drivers' intervention program, that the operators of21335
the drivers' intervention program determine that the offender21336
should attend and to report periodically to the court on the21337
offender's progress in the programs. The court also may impose21338
any other conditions of probation on the offender that it21339
considers necessary.21340

       (iii) In all cases, a fine of not less than two hundred fifty21341
and not more than one thousand dollars;21342

       (iv) In all cases, a class five license suspension of the21343
offender's driver's or commercial driver's license or permit or21344
nonresident operating privilege from the range specified in21345
division (A)(5) of section 4510.02 of the Revised Code. The court21346
may grant limited driving privileges relative to the suspension21347
under sections 4510.021 and 4510.13 of the Revised Code.21348

       (b) Except as otherwise provided in division (G)(1)(e) of21349
this section, an offender who, within six years of the offense,21350
previously has been convicted of or pleaded guilty to one21351
violation of division (A) or (B) of this section or one other21352
equivalent offense is guilty of a misdemeanor of the first degree.21353
The court shall sentence the offender to all of the following:21354

       (i) If the sentence is being imposed for a violation of21355
division (A)(1), (2), (3), (4), or (5) of this section, a21356
mandatory jail term of ten consecutive days. The court shall21357
impose the ten-day mandatory jail term under this division unless,21358
subject to division (G)(3) of this section, it instead imposes a21359
sentence under that division consisting of both a jail term and a21360
term of electronically monitored house arrest. The court may21361
impose a jail term in addition to the ten-day mandatory jail term.21362
The cumulative jail term imposed for the offense shall not exceed21363
six months.21364

       In addition to the jail term or the term of electronically21365
monitored house arrest and jail term, the court may require the21366
offender to attend a drivers' intervention program that is21367
certified pursuant to section 3793.10 of the Revised Code. If the21368
operator of the program determines that the offender is alcohol21369
dependent, the program shall notify the court, and, subject to21370
division (I) of this section, the court shall order the offender21371
to obtain treatment through an alcohol and drug addiction program21372
authorized by section 3793.02 of the Revised Code.21373

       (ii) If the sentence is being imposed for a violation of21374
division (A)(6), (7), (8), or (9) of this section, except as21375
otherwise provided in this division, a mandatory jail term of21376
twenty consecutive days. The court shall impose the twenty-day21377
mandatory jail term under this division unless, subject to21378
division (G)(3) of this section, it instead imposes a sentence21379
under that division consisting of both a jail term and a term of21380
electronically monitored house arrest. The court may impose a21381
jail term in addition to the twenty-day mandatory jail term. The21382
cumulative jail term imposed for the offense shall not exceed six21383
months.21384

       In addition to the jail term or the term of electronically21385
monitored house arrest and jail term, the court may require the21386
offender to attend a driver's intervention program that is21387
certified pursuant to section 3793.10 of the Revised Code. If the21388
operator of the program determines that the offender is alcohol21389
dependent, the program shall notify the court, and, subject to21390
division (I) of this section, the court shall order the offender21391
to obtain treatment through an alcohol and drug addiction program21392
authorized by section 3793.02 of the Revised Code.21393

       (iii) In all cases, notwithstanding the fines set forth in21394
Chapter 2929. of the Revised Code, a fine of not less than three21395
hundred fifty and not more than one thousand five hundred dollars;21396

       (iv) In all cases, a class four license suspension of the21397
offender's driver's license, commercial driver's license,21398
temporary instruction permit, probationary license, or nonresident21399
operating privilege from the range specified in division (A)(4) of21400
section 4510.02 of the Revised Code. The court may grant limited21401
driving privileges relative to the suspension under sections21402
4510.021 and 4510.13 of the Revised Code.21403

       (v) In all cases, if the vehicle is registered in the21404
offender's name, immobilization of the vehicle involved in the21405
offense for ninety days in accordance with section 4503.233 of the21406
Revised Code and impoundment of the license plates of that vehicle21407
for ninety days.21408

       (c) Except as otherwise provided in division (G)(1)(e) of21409
this section, an offender who, within six years of the offense,21410
previously has been convicted of or pleaded guilty to two21411
violations of division (A) or (B) of this section or other21412
equivalent offenses is guilty of a misdemeanor. The court shall21413
sentence the offender to all of the following:21414

       (i) If the sentence is being imposed for a violation of21415
division (A)(1), (2), (3), (4), or (5) of this section, a21416
mandatory jail term of thirty consecutive days. The court shall21417
impose the thirty-day mandatory jail term under this division21418
unless, subject to division (G)(3) of this section, it instead21419
imposes a sentence under that division consisting of both a jail21420
term and a term of electronically monitored house arrest. The21421
court may impose a jail term in addition to the thirty-day21422
mandatory jail term. Notwithstanding the terms of imprisonment set21423
forth in Chapter 2929. of the Revised Code, the additional jail21424
term shall not exceed one year, and the cumulative jail term21425
imposed for the offense shall not exceed one year.21426

       (ii) If the sentence is being imposed for a violation of21427
division (A)(6), (7), (8), or (9) of this section, a mandatory21428
jail term of sixty consecutive days. The court shall impose the21429
sixty-day mandatory jail term under this division unless, subject21430
to division (G)(3) of this section, it instead imposes a sentence21431
under that division consisting of both a jail term and a term of21432
electronically monitored house arrest. The court may impose a21433
jail term in addition to the sixty-day mandatory jail term. 21434
Notwithstanding the terms of imprisonment set forth in Chapter21435
2929. of the Revised Code, the additional jail term shall not21436
exceed one year, and the cumulative jail term imposed for the21437
offense shall not exceed one year.21438

       (iii) In all cases, notwithstanding the fines set forth in21439
Chapter 2929. of the Revised Code, a fine of not less than five21440
hundred fifty and not more than two thousand five hundred dollars;21441

       (iv) In all cases, a class three license suspension of the21442
offender's driver's license, commercial driver's license,21443
temporary instruction permit, probationary license, or nonresident21444
operating privilege from the range specified in division (A)(3) of21445
section 4510.02 of the Revised Code. The court may grant limited21446
driving privileges relative to the suspension under sections21447
4510.021 and 4510.13 of the Revised Code.21448

       (v) In all cases, if the vehicle is registered in the21449
offender's name, criminal forfeiture of the vehicle involved in21450
the offense in accordance with section 4503.234 of the Revised21451
Code. Division (G)(6) of this section applies regarding any21452
vehicle that is subject to an order of criminal forfeiture under21453
this division.21454

       (vi) In all cases, participation in an alcohol and drug21455
addiction program authorized by section 3793.02 of the Revised21456
Code, subject to division (I) of this section.21457

       (d) Except as otherwise provided in division (G)(1)(e) of21458
this section, an offender who, within six years of the offense,21459
previously has been convicted of or pleaded guilty to three or21460
more violations of division (A) or (B) of this section or other21461
equivalent offenses is guilty of a felony of the fourth degree.21462
The court shall sentence the offender to all of the following:21463

       (i) If the sentence is being imposed for a violation of21464
division (A)(1), (2), (3), (4), or (5) of this section, in the21465
discretion of the court, either a mandatory term of local21466
incarceration of sixty consecutive days in accordance with21467
division (G)(1) of section 2929.13 of the Revised Code or a21468
mandatory prison term of sixty consecutive days of imprisonment in21469
accordance with division (G)(2) of that section. If the court21470
imposes a mandatory term of local incarceration, it may impose a21471
jail term in addition to the sixty-day mandatory term, the21472
cumulative total of the mandatory term and the jail term for the21473
offense shall not exceed one year, and no prison term is21474
authorized for the offense. If the court imposes a mandatory21475
prison term, notwithstanding division (A)(4) of section 2929.14 of21476
the Revised Code, it also may sentence the offender to a definite21477
prison term that shall be not less than six months and not more21478
than thirty months, the prison terms shall be imposed as described21479
in division (G)(2) of section 2929.13 of the Revised Code, and no21480
term of local incarceration, community residential sanction, or21481
nonresidential sanction is authorized for the offense.21482

       (ii) If the sentence is being imposed for a violation of21483
division (A)(6), (7), (8), or (9) of this section, in the21484
discretion of the court, either a mandatory term of local21485
incarceration of one hundred twenty consecutive days in accordance21486
with division (G)(1) of section 2929.13 of the Revised Code or a21487
mandatory prison term of one hundred twenty consecutive days in21488
accordance with division (G)(2) of that section. If the court21489
imposes a mandatory term of local incarceration, it may impose a21490
jail term in addition to the one hundred twenty-day mandatory21491
term, the cumulative total of the mandatory term and the jail term21492
for the offense shall not exceed one year, and no prison term is21493
authorized for the offense. If the court imposes a mandatory21494
prison term, notwithstanding division (A)(4) of section 2929.14 of21495
the Revised Code, it also may sentence the offender to a definite21496
prison term that shall be not less than six months and not more21497
than thirty months, the prison terms shall be imposed as described21498
in division (G)(2) of section 2929.13 of the Revised Code, and no21499
term of local incarceration, community residential sanction, or21500
nonresidential sanction is authorized for the offense.21501

       (iii) In all cases, notwithstanding section 2929.18 of the21502
Revised Code, a fine of not less than eight hundred nor more than21503
ten thousand dollars;21504

       (iv) In all cases, a class two license suspension of the21505
offender's driver's license, commercial driver's license,21506
temporary instruction permit, probationary license, or nonresident21507
operating privilege from the range specified in division (A)(2) of21508
section 4510.02 of the Revised Code. The court may grant limited21509
driving privileges relative to the suspension under sections21510
4510.021 and 4510.13 of the Revised Code.21511

       (v) In all cases, if the vehicle is registered in the21512
offender's name, criminal forfeiture of the vehicle involved in21513
the offense in accordance with section 4503.234 of the Revised21514
Code. Division (G)(6) of this section applies regarding any21515
vehicle that is subject to an order of criminal forfeiture under21516
this division.21517

       (vi) In all cases, participation in an alcohol and drug21518
addiction program authorized by section 3793.02 of the Revised21519
Code, subject to division (I) of this section.21520

       (vii) In all cases, if the court sentences the offender to a21521
mandatory term of local incarceration, in addition to the21522
mandatory term, the court, pursuant to section 2929.17 of the21523
Revised Code, may impose a term of electronically monitored house21524
arrest. The term shall not commence until after the offender has21525
served the mandatory term of local incarceration.21526

       (e) An offender who previously has been convicted of or21527
pleaded guilty to a violation of division (A) of this section that21528
was a felony, regardless of when the violation and the conviction21529
or guilty plea occurred, is guilty of a felony of the third21530
degree. The court shall sentence the offender to all of the21531
following:21532

       (i) If the offender is being sentenced for a violation of21533
division (A)(1), (2), (3), (4), or (5) of this section, a21534
mandatory prison term of sixty consecutive days in accordance with21535
division (G)(2) of section 2929.13 of the Revised Code. The court21536
may impose a prison term in addition to the sixty-day mandatory21537
prison term. The cumulative total of the mandatory prison term21538
and the additional prison term for the offense shall not exceed21539
five years. No term of local incarceration, community residential21540
sanction, or nonresidential sanction is authorized for the21541
offense. 21542

       (ii) If the sentence is being imposed for a violation of21543
division (A)(6), (7), (8), or (9) of this section, a mandatory21544
prison term of one hundred twenty consecutive days in accordance21545
with division (G)(2) of section 2929.13 of the Revised Code. The21546
court may impose a prison term in addition to the one hundred21547
twenty-day mandatory prison term. The cumulative total of the21548
mandatory prison term and the additional prison term for the21549
offense shall not exceed five years. No term of local21550
incarceration, community residential sanction, or nonresidential21551
sanction is authorized for the offense.21552

       (iii) In all cases, notwithstanding section 2929.18 of the21553
Revised Code, a fine of not less than eight hundred nor more than21554
ten thousand dollars;21555

       (iv) In all cases, a class two license suspension of the21556
offender's driver's license, commercial driver's license,21557
temporary instruction permit, probationary license, or nonresident21558
operating privilege from the range specified in division (A)(2) of21559
section 4510.02 of the Revised Code. The court may grant limited21560
driving privileges relative to the suspension under sections21561
4510.021 and 4510.13 of the Revised Code.21562

       (v) In all cases, if the vehicle is registered in the21563
offender's name, criminal forfeiture of the vehicle involved in21564
the offense in accordance with section 4503.234 of the Revised21565
Code. Division (G)(6) of this section applies regarding any21566
vehicle that is subject to an order of criminal forfeiture under21567
this division.21568

       (vi) In all cases, participation in an alcohol and drug21569
addiction program authorized by section 3793.02 of the Revised21570
Code, subject to division (I) of this section.21571

       (2) An offender who is convicted of or pleads guilty to a21572
violation of division (A) of this section and who subsequently21573
seeks reinstatement of the driver's or occupational driver's21574
license or permit or nonresident operating privilege suspended21575
under this section as a result of the conviction or guilty plea21576
shall pay a reinstatement fee as provided in division (F)(2) of21577
section 4511.191 of the Revised Code.21578

       (3) If an offender is sentenced to a jail term under21579
division (G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this21580
section and if, within sixty days of sentencing of the offender,21581
the court issues a written finding on the record that, due to the21582
unavailability of space at the jail where the offender is required21583
to serve the term, the offender will not be able to begin serving21584
that term within the sixty-day period following the date of21585
sentencing, the court may impose an alternative sentence under21586
this division that includes a term of electronically monitored21587
house arrest, as defined in section 2929.23 of the Revised Code.21588

       As an alternative to a mandatory jail term of ten consecutive21589
days required by division (G)(1)(b)(i) of this section, the court,21590
under this division, may sentence theoffender to five consecutive21591
days in jail and not less than eighteen consecutive days of21592
electronically monitored house arrest. The cumulative total of21593
the five consecutive days in jail and the period of electronically21594
monitored house arrest shall not exceed six months. The five21595
consecutive days in jail do not have to be served prior to or21596
consecutively to the period of house arrest.21597

       As an alternative to the mandatory jail term of twenty21598
consecutive days required by division (G)(1)(b)(ii) of this21599
section, the court, under this division, may sentence the offender21600
to ten consecutive days in jail and not less than thirty-six21601
consecutive days of electronically monitored house arrest. The21602
cumulative total of the ten consecutive days in jail and the21603
period of electronically monitored house arrest shall not exceed21604
six months. The ten consecutive days in jail do not have to be21605
served prior to or consecutively to the period of house arrest.21606

       As an alternative to a mandatory jail term of thirty21607
consecutive days required by division (G)(1)(c)(i) of this21608
section, the court, under this division, may sentence the offender21609
to fifteen consecutive days in jail and not less than fifty-five21610
consecutive days of electronically monitored house arrest. The21611
cumulative total of the fifteen consecutive days in jail and the21612
period of electronically monitored house arrest shall not exceed21613
one year. The fifteen consecutive days in jaildo not have to be21614
served prior to or consecutively to the period of house arrest.21615

       As an alternative to the mandatory jail term of sixty21616
consecutive days required by division (G)(1)(c)(ii) of this21617
section, the court, under this division, may sentence the offender21618
to thirty consecutive days in jail and not less than one hundred21619
ten consecutive days of electronically monitored house arrest. The21620
cumulative total of the thirty consecutive days in jail and the21621
period of electronically monitored house arrest shall not exceed21622
one year. The thirty consecutive days in jail do not have to be21623
served prior to or consecutively to the period of house arrest.21624

       (4) If an offender's driver's or occupational driver's21625
license or permit or nonresident operating privilege is suspended21626
under division (G) of this section and if section 4510.13 of the21627
Revised Code permits the court to grant limited driving21628
privileges, the court may grant the limited driving privileges21629
only if the court imposes as one of the conditions of the21630
privileges that the offender must display on the vehicle that is21631
driven subject to the privileges restricted license plates that21632
are issued under section 4503.231 of the Revised Code, except as21633
provided in division (B) of that section.21634

       (5) Fines imposed under this section for a violation of21635
division (A) of this section shall be distributed as follows:21636

       (a) Twenty-five dollars of the fine imposed under division21637
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under21638
division (G)(1)(b)(iii), one hundred twenty-three dollars of the21639
fine imposed under division (G)(1)(c)(iii), and two hundred ten21640
dollars of the fine imposed under division (G)(1)(d)(iii) or21641
(e)(iii) of this section shall be paid to an enforcement and21642
education fund established by the legislative authority of the law21643
enforcement agency in this state that primarily was responsible21644
for the arrest of the offender, as determined by the court that21645
imposes the fine. The agency shall use this share to pay only21646
those costs it incurs in enforcing this section or a municipal OVI21647
ordinance and in informing the public of the laws governing the21648
operation of a vehicle while under the influence of alcohol, the21649
dangers of the operation of a vehicle under the influence of21650
alcohol, and other information relating to the operation of a21651
vehicle under the influence of alcohol and the consumption of21652
alcoholic beverages. 21653

       (b) Fifty dollars of the fine imposed under division21654
(G)(1)(a)(iii) of this section shall be paid to the political21655
subdivision that pays the cost of housing the offender during the21656
offender's term of incarceration. If the offender is being21657
sentenced for a violation of division (A)(1), (2), (3), (4), or21658
(5) of this section and was confined as a result of the offense21659
prior to being sentenced for the offense but is not sentenced to a21660
term of incarceration, the fifty dollars shall be paid to the21661
political subdivision that paid the cost of housing the offender21662
during that period of confinement. The political subdivision21663
shall use the share under this division to pay or reimburse21664
incarceration or treatment costs it incurs in housing or providing21665
drug and alcohol treatment to persons who violate this section or21666
a municipal OVI ordinance, costs of any immobilizing or disabling21667
device used on the offender's vehicle, and costs of electronic21668
house arrest equipment needed for persons who violate this21669
section.21670

       (c) Twenty-five dollars of the fine imposed under division21671
(G)(1)(a)(iii) and fifty dollars of the fine imposed under21672
division (G)(1)(b)(iii) of this section shall be deposited into21673
the county or municipal indigent drivers' alcohol treatment fund21674
under the control of that court, as created by the county or21675
municipal corporation under division (N) of section 4511.191 of21676
the Revised Code.21677

       (d) One hundred fifteen dollars of the fine imposed under21678
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the21679
fine imposed under division (G)(1)(c)(iii), and four hundred forty21680
dollars of the fine imposed under division (G)(1)(d)(iii) or21681
(e)(iii) of this section shall be paid to the political21682
subdivision that pays the cost of housing the offender during the21683
offender's term of incarceration. The political subdivision shall21684
use this share to pay or reimburse incarceration or treatment21685
costs it incurs in housing or providing drug and alcohol treatment21686
to persons who violate this section or a municipal OVI ordinance,21687
costs for any immobilizing or disabling device used on the21688
offender's vehicle, and costs of electronic house arrest equipment21689
needed for persons who violate this section.21690

       (e) The balance of the fine imposed under division21691
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this21692
section shall be disbursed as otherwise provided by law.21693

       (6) If title to a motor vehicle that is subject to an order21694
of criminal forfeiture under division (G)(1)(c), (d), or (e) of21695
this section is assigned or transferred and division (B)(2) or (3)21696
of section 4503.234 of the Revised Code applies, in addition to or21697
independent of any other penalty established by law, the court may21698
fine the offender the value of the vehicle as determined by21699
publications of the national auto dealers association. The21700
proceeds of any fine so imposed shall be distributed in accordance21701
with division (C)(2) of that section.21702

       (H) Whoever violates division (B) of this section is guilty21703
of operating a vehicle after underage alcohol consumption and21704
shall be punished as follows:21705

       (1) Except as otherwise provided in division (H)(2) of this21706
section, the offender is guilty of a misdemeanor of the fourth21707
degree. In addition to any other sanction imposed for the21708
offense, the court shall impose a class six suspension of the21709
offender's driver's license, commercial driver's license,21710
temporary instruction permit, probationary license, or nonresident21711
operating privilege from the range specified in division (A)(6) of21712
section 4510.02 of the Revised Code.21713

       (2) If, within one year of the offense, the offender21714
previously has been convicted of or pleaded guilty to one or more21715
violations of division (A) or (B) of this section or other21716
equivalent offense offenses, the offender is guilty of a21717
misdemeanor of the third degree. In addition to any other21718
sanction imposed for the offense, the court shall impose a class21719
four suspension of the offender's driver's license, commercial21720
driver's license, temporary instruction permit, probationary21721
license, or nonresident operating privilege from the range21722
specified in division (A)(4) of section 4510.02 of the Revised21723
Code.21724

       (I)(1) No court shall sentence an offender to an alcohol21725
treatment program under this section unless the treatment program21726
complies with the minimum standards for alcohol treatment programs21727
adopted under Chapter 3793. of the Revised Code by the director of21728
alcohol and drug addiction services.21729

       (2) An offender who stays in a drivers' intervention program21730
or in an alcohol treatment program under an order issued under21731
this section shall pay the cost of the stay in the program.21732
However, if the court determines that an offender who stays in an21733
alcohol treatment program under an order issued under this section21734
is unable to pay the cost of the stay in the program, the court21735
may order that the cost be paid from the court's indigent drivers'21736
alcohol treatment fund.21737

       (J) If a person whose driver's or commercial driver's license21738
or permit or nonresident operating privilege is suspended under21739
this section files an appeal regarding any aspect of the person's21740
trial or sentence, the appeal itself does not stay the operation21741
of the suspension.21742

       (K) All terms defined in sections 4510.01 of the Revised Code21743
apply to this section. If the meaning of a term defined in21744
section 4510.01 of the Revised Code conflicts with the meaning of21745
the same term as defined in section 4501.01 or 4511.01 of the21746
Revised Code, the term as defined in section 4510.01 of the21747
Revised Code applies to this section.21748

       (L)(1) The Ohio Traffic Rules in effect on the effective date21749
of this amendment, as adopted by the supreme court under authority21750
of section 2937.46 of the Revised Code, do not apply to felony21751
violations of this section. Subject to division (L)(2) of this21752
section, the Rules of Criminal Procedure apply to felony21753
violations of this section.21754

       (2) If, on or after the effective date of this amendment,21755
the supreme court modifies the Ohio Traffic Rules to provide21756
procedures to govern felony violations of this section, the21757
modified rules shall apply to felony violations of this section.21758

       Sec. 4511.191.  (A)(1) "Physical control" has the same21759
meaning as in section 4511.194 of the Revised Code.21760

       (2) Any person who operates a vehicle, streetcar, or21761
trackless trolley upon a highway or any public or private property21762
used by the public for vehicular travel or parking within this21763
state or who is in physical control of a vehicle, streetcar, or21764
trackless trolley shall be deemed to have given consent to a21765
chemical test or tests of the person's whole blood, blood serum or21766
plasma, breath, or urine for the purpose of determiningto21767
determine the alcohol, drug, or alcohol and drug content of the21768
person's whole blood, blood serum or plasma, breath, or urine if21769
arrested for operating a vehicle while under the influence of21770
alcohol, a drug of abuse, or alcohol and a drug of abuse or for21771
operating a vehicle with a prohibited concentration of alcohol in21772
the blood, breath, or urine. Thea violation of division (A) or21773
(B) of section 4511.19 of the Revised Code, section 4511.194 of21774
the Revised Code, or a municipal OVI ordinance.21775

       (3) The chemical test or tests under division (A)(2) of this21776
section shall be administered at the request of a policelaw21777
enforcement officer having reasonable grounds to believe the21778
person to have beenwas operating or in physical control of a21779
vehicle upon a highway or any public or private property used by21780
the public for vehicular travel or parking in this state while21781
under the influence of alcohol, a drug of abuse, or alcohol and a21782
drug of abuse or with a prohibited concentration of alcohol in the21783
blood, breath, or urine, streetcar, or trackless trolley in21784
violation of a division, section, or ordinance identified in21785
division (A)(2) of this section. The law enforcement agency by21786
which the officer is employed shall designate which of the tests21787
shall be administered.21788

       (B)(4) Any person who is dead or unconscious, or who is21789
otherwise is in a condition rendering the person incapable of21790
refusal, shall be deemed not to have withdrawn consentconsented21791
as provided byin division (A)(2) of this section, and the test or21792
tests may be administered, subject to sections 313.12 to 313.16 of21793
the Revised Code.21794

       (C)(1) Any person under arrest for operating a vehicle while21795
under the influence of alcohol, a drug of abuse, or alcohol and a21796
drug of abuse or for operating a vehicle with a prohibited21797
concentration of alcohol in the blood, breath, or urine shall be21798
advised at a police station, or at a hospital, first-aid station,21799
or clinic to which the person has been taken for first-aid or21800
medical treatment, of both of the following:21801

       (a) The consequences, as specified in division (E) of this21802
section, of the person's refusal to submit upon request to a21803
chemical test designated by the law enforcement agency as provided21804
in division (A) of this section;21805

       (b) The consequences, as specified in division (F) of this21806
section, of the person's submission to the designated chemical21807
test if the person is found to have a prohibited concentration of21808
alcohol in the blood, breath, or urine.21809

       (2)(a) The advice given pursuant to division (C)(1) of this21810
section shall be in a written form containing the information21811
described in division (C)(2)(b) of this section and shall be read21812
to the person. The form shall contain a statement that the form21813
was shown to the person under arrest and read to the person in the21814
presence of the arresting officer and either another police21815
officer, a civilian police employee, or an employee of a hospital,21816
first-aid station, or clinic, if any, to which the person has been21817
taken for first-aid or medical treatment. The witnesses shall21818
certify to this fact by signing the form.21819

       (b) The form required by division (C)(2)(a) of this section21820
shall read as follows:21821

       "You now are under arrest for operating a vehicle while under21822
the influence of alcohol, a drug of abuse, or both alcohol and a21823
drug of abuse and will be requested by a police officer to submit21824
to a chemical test to determine the concentration of alcohol,21825
drugs of abuse, or alcohol and drugs of abuse in your blood,21826
breath, or urine.21827

       If you refuse to submit to the requested test or if you21828
submit to the requested test and are found to have a prohibited21829
concentration of alcohol in your blood, breath, or urine, your21830
driver's or commercial driver's license or permit or nonresident21831
operating privilege immediately will be suspended for the period21832
of time specified by law by the officer, on behalf of the21833
registrar of motor vehicles. You may appeal this suspension at21834
your initial appearance before the court that hears the charges21835
against you resulting from the arrest, and your initial appearance21836
will be conducted no later than five days after the arrest. This21837
suspension is independent of the penalties for the offense, and21838
you may be subject to other penalties upon conviction."21839

       (D)(1) If a person under arrest as described in division21840
(C)(1) of this section is not asked by a police officer to submit21841
to a chemical test designated as provided in division (A) of this21842
section, the arresting officer shall seize the Ohio or21843
out-of-state driver's or commercial driver's license or permit of21844
the person and immediately forward the seized license or permit to21845
the court in which the arrested person is to appear on the charge21846
for which the person was arrested. If the arrested person does21847
not have the person's driver's or commercial driver's license or21848
permit on the person's self or in the person's vehicle, the21849
arresting officer shall order the arrested person to surrender it21850
to the law enforcement agency that employs the officer within21851
twenty-four hours after the arrest, and, upon the surrender, the21852
officer's employing agency immediately shall forward the license21853
or permit to the court in which the arrested person is to appear21854
on the charge for which the person was arrested. Upon receipt of21855
the license or permit, the court shall retain it pending the21856
initial appearance of the arrested person and any action taken21857
under section 4511.196 of the Revised Code.21858

       If a person under arrest as described in division (C)(1) of21859
this section is asked by a police officer to submit to a chemical21860
test designated as provided in division (A) of this section and is21861
advised of the consequences of the person's refusal or submission21862
as provided in division (C) of this section and if the person21863
either refuses to submit to the designated chemical test or the21864
person submits to the designated chemical test and the test21865
results indicate that the person's blood contained a concentration21866
of ten-hundredths of one per cent or more by weight of alcohol,21867
the person's breath contained a concentration of ten-hundredths of21868
one gram or more by weight of alcohol per two hundred ten liters21869
of the person's breath, or the person's urine contained a21870
concentration of fourteen-hundredths of one gram or more by weight21871
of alcohol per one hundred milliliters of the person's urine at21872
the time of the alleged offense, the arresting officer shall do21873
all of the following:21874

       (a) On behalf of the registrar, serve a notice of suspension21875
upon the person that advises the person that, independent of any21876
penalties or sanctions imposed upon the person pursuant to any21877
other section of the Revised Code or any other municipal21878
ordinance, the person's driver's or commercial driver's license or21879
permit or nonresident operating privilege is suspended, that the21880
suspension takes effect immediately, that the suspension will last21881
at least until the person's initial appearance on the charge that21882
will be held within five days after the date of the person's21883
arrest or the issuance of a citation to the person, and that the21884
person may appeal the suspension at the initial appearance; seize21885
the Ohio or out-of-state driver's or commercial driver's license21886
or permit of the person; and immediately forward the seized21887
license or permit to the registrar. If the arrested person does21888
not have the person's driver's or commercial driver's license or21889
permit on the person's self or in the person's vehicle, the21890
arresting officer shall order the person to surrender it to the21891
law enforcement agency that employs the officer within twenty-four21892
hours after the service of the notice of suspension, and, upon the21893
surrender, the officer's employing agency immediately shall21894
forward the license or permit to the registrar.21895

       (b) Verify the current residence of the person and, if it21896
differs from that on the person's driver's or commercial driver's21897
license or permit, notify the registrar of the change;21898

       (c) In addition to forwarding the arrested person's driver's21899
or commercial driver's license or permit to the registrar, send to21900
the registrar, within forty-eight hours after the arrest of the21901
person, a sworn report that includes all of the following21902
statements:21903

       (i) That the officer had reasonable grounds to believe that,21904
at the time of the arrest, the arrested person was operating a21905
vehicle upon a highway or public or private property used by the21906
public for vehicular travel or parking within this state while21907
under the influence of alcohol, a drug of abuse, or alcohol and a21908
drug of abuse or with a prohibited concentration of alcohol in the21909
blood, breath, or urine;21910

       (ii) That the person was arrested and charged with operating21911
a vehicle while under the influence of alcohol, a drug of abuse,21912
or alcohol and a drug of abuse or with operating a vehicle with a21913
prohibited concentration of alcohol in the blood, breath, or21914
urine;21915

       (iii) That the officer asked the person to take the21916
designated chemical test, advised the person of the consequences21917
of submitting to the chemical test or refusing to take the21918
chemical test, and gave the person the form described in division21919
(C)(2) of this section;21920

       (iv) That the person refused to submit to the chemical test21921
or that the person submitted to the chemical test and the test21922
results indicate that the person's blood contained a concentration21923
of ten-hundredths of one per cent or more by weight of alcohol,21924
the person's breath contained a concentration of ten-hundredths of21925
one gram or more by weight of alcohol per two hundred ten liters21926
of the person's breath, or the person's urine contained a21927
concentration of fourteen-hundredths of one gram or more by weight21928
of alcohol per one hundred milliliters of the person's urine at21929
the time of the alleged offense;21930

       (v) That the officer served a notice of suspension upon the21931
person as described in division (D)(1)(a) of this section.21932

       (2) The sworn report of an arresting officer completed under21933
division (D)(1)(c) of this section shall be given by the officer21934
to the arrested person at the time of the arrest or sent to the21935
person by regular first class mail by the registrar as soon21936
thereafter as possible, but no later than fourteen days after21937
receipt of the report. An arresting officer may give an unsworn21938
report to the arrested person at the time of the arrest provided21939
the report is complete when given to the arrested person and21940
subsequently is sworn to by the arresting officer. As soon as21941
possible, but no later than forty-eight hours after the arrest of21942
the person, the arresting officer shall send a copy of the sworn21943
report to the court in which the arrested person is to appear on21944
the charge for which the person was arrested.21945

       (3) The sworn report of an arresting officer completed and21946
sent to the registrar and the court under divisions (D)(1)(c) and21947
(D)(2) of this section is prima-facie proof of the information and21948
statements that it contains and shall be admitted and considered21949
as prima-facie proof of the information and statements that it21950
contains in any appeal under division (H) of this section relative21951
to any suspension of a person's driver's or commercial driver's21952
license or permit or nonresident operating privilege that results21953
from the arrest covered by the report.21954

       (E)(B)(1) Upon receipt of the sworn report of an arrestinga21955
law enforcement officer who arrested a person for a violation of21956
division (A) or (B) of section 4511.19 of the Revised Code,21957
section 4511.194 of the Revised Code, or a municipal OVI ordinance21958
that was completed and sent to the registrar and a court pursuant21959
to divisions (D)(1)(c) and (D)(2) of this section 4511.192 of the21960
Revised Code in regard to a person who refused to take the21961
designated chemical test, the registrar shall enter into the21962
registrar's records the fact that the person's driver's or21963
commercial driver's license or permit or nonresident operating21964
privilege was suspended by the arresting officer under division21965
(D)(1)(a) of this division and that section and the period of the21966
suspension, as determined under divisions (E)(1)(a) to (d) of this21967
section. The suspension shall be subject to appeal as provided in21968
this section and4511.197 of the Revised Code. The suspension21969
shall be for whichever of the following periods applies:21970

       (a) If the arrested person, within five years of the date on21971
which the person refused the request to consent to the chemical21972
test, had not refused a previous request to consent to a chemical21973
test of the person's blood, breath, or urine to determine its21974
alcohol contentExcept when division (B)(1)(b), (c), or (d) of21975
this section applies and specifies a different class or length of21976
suspension, the period of suspension shall be one year. If the21977
person is a resident without a license or permit to operate a21978
vehicle within this state, the registrar shall deny to the person21979
the issuance of a driver's or commercial driver's license or21980
permit for a period of one year after the date of the alleged21981
violationa class C suspension for the period of time specified in21982
division (B)(3) of section 4510.02 of the Revised Code.21983

       (b) If the arrested person, within fivesix years of the21984
date on which the person refused the request to consent to the21985
chemical test, had refused one previous request to consent to a21986
chemical test of the person's blood, breath, or urine to determine21987
its alcohol content, the period of suspension or denial shall be21988
two yearsa class B suspension imposed for the period of time21989
specified in division (B)(2) of section 4510.02 of the Revised21990
Code.21991

       (c) If the arrested person, within fivesix years of the21992
date on which the person refused the request to consent to the21993
chemical test, had refused two previous requests to consent to a21994
chemical test of the person's blood, breath, or urine to determine21995
its alcohol content, the period of suspension or denial shall be21996
three yearsa class A suspension imposed for the period of time21997
specified in division (B)(1) of section 4510.02 of the Revised21998
Code.21999

       (d) If the arrested person, within fivesix years of the22000
date on which the person refused the request to consent to the22001
chemical test, had refused three or more previous requests to22002
consent to a chemical test of the person's blood, breath, or urine22003
to determine its alcohol content, the period of suspension or22004
denial shall be for five years.22005

       (2) The suspension or denial imposed under division (E)(1)22006
of this section shall continue for the entire one-year, two-year,22007
three-year, or five-year period, subject to appeal as provided in22008
this section and subject to termination as provided in division22009
(K) of this section.22010

       (F)(2)The registrar shall terminate a suspension of the22011
driver's or commercial driver's license or permit of a resident or22012
of the operating privilege of a nonresident, or a denial of a22013
driver's or commercial driver's license or permit, imposed22014
pursuant to division (B)(1) of this section upon receipt of notice22015
that the person has entered a plea of guilty to, or has been22016
convicted of, operating a vehicle in violation of section 4511.1922017
of the Revised Code or in violation of a municipal OVI ordinance,22018
if the offense for which the conviction is had or the plea is22019
entered arose from the same incident that led to the suspension or22020
denial.22021

       The registrar shall credit against any judicial suspension of22022
a person's driver's or commercial driver's license or permit or22023
nonresident operating privilege imposed pursuant to section22024
4511.19 of the Revised Code, or pursuant to section 4510.07 of the22025
Revised Code for a violation of a municipal OVI ordinance, any22026
time during which the person serves a related suspension imposed22027
pursuant to division (B)(1) of this section.22028

       (C)(1) Upon receipt of the sworn report of an arrestinglaw22029
enforcement officer who arrested a person for a violation of22030
division (A) or (B) of section 4511.19 of the Revised Code or a22031
municipal OVI ordinance that was completed and sent to the22032
registrar and a court pursuant to divisions (D)(1)(c) and (D)(2)22033
of this section 4511.192 of the Revised Code in regard to a person22034
whose test results indicate that the person's whole blood, blood22035
serum or plasma, breath, or urine contained aat least the22036
concentration of ten-hundredths of one per cent or more by weight22037
of alcohol, the person's breath contained a concentration of22038
ten-hundredths of one gram or more by weight of alcohol per two22039
hundred ten liters of the person's breath, or the person's urine22040
contained a concentration of fourteen-hundredths of one gram or22041
more by weight of alcohol per one hundred milliliters of the22042
person's urine at the time of the alleged offensespecified in22043
division (A)(2), (3), (4), or (5) of section 4511.19 of the22044
Revised Code, the registrar shall enter into the registrar's22045
records the fact that the person's driver's or commercial driver's22046
license or permit or nonresident operating privilege was suspended22047
by the arresting officer under division (D)(1)(a) of this division22048
and section 4511.192 of the Revised Code and the period of the22049
suspension, as determined under divisions (F)(1) to (4) of this22050
section. The suspension shall be subject to appeal as provided in22051
this section and4511.197 of the Revised Code. The suspension22052
described in this division does not apply to, and shall not be22053
imposed upon, a person arrested for a violation of section22054
4511.194 of the Revised Code who submits to a designated chemical22055
test. The suspension shall be for whichever of the following22056
periods that applies:22057

       (1)(a) Except when division (F)(2), (3), or (4)(C)(1)(b),22058
(c), or (d) of this section applies and specifies a different22059
period of suspension or denial, the period of the suspension or22060
denial shall be ninety daysa class E suspension imposed for the22061
period of time specified in division (B)(5) of section 4510.02 of22062
the Revised Code.22063

       (2)(b) The period of suspension or denial shall be one year22064
a class C suspension for the period of time specified in division22065
(B)(3) of section 4510.02 of the Revised Code if the person has22066
been convicted of or pleaded guilty to, within six years of the22067
date the test was conducted, of aone violation of one of the22068
following:22069

       (a) Divisiondivision (A) or (B) of section 4511.19 of the22070
Revised Code;22071

       (b) A municipal ordinance relating to operating a vehicle22072
while under the influence of alcohol, a drug of abuse, or alcohol22073
and a drug of abuse;22074

       (c) A municipal ordinance relating to operating a vehicle22075
with a prohibited concentration of alcohol in the blood, breath,22076
or urine;22077

       (d) Section 2903.04 of the Revised Code in a case in which22078
the offender was subject to the sanctions described in division22079
(D) of that section;22080

       (e) Division (A)(1) of section 2903.06 or division (A)(1) of22081
section 2903.08 of the Revised Code or a municipal ordinance that22082
is substantially similar to either of those divisions;22083

       (f) Division (A)(2), (3), or (4) of section 2903.06,22084
division (A)(2) of section 2903.08, or former section 2903.07 of22085
the Revised Code, or a municipal ordinance that is substantially22086
similar to any of those divisions or that former section, in a22087
case in which the jury or judge found that at the time of the22088
commission of the offense the offender was under the influence of22089
alcohol, a drug of abuse, or alcohol and a drug of abuse;22090

       (g) A statute of the United States or of any other state or22091
a municipal ordinance of a municipal corporation located in any22092
other state that is substantially similar to division (A) or (B)22093
of section 4511.19 of the Revised Codeor one other equivalent22094
offense.22095

       (3)(c) If the person has been convicted, within six years of22096
the date the test was conducted, ofthe person has been convicted22097
of or pleaded guilty to two violations of a statute or ordinance22098
described in division (F)(2)(C)(1)(b) of this section, the period22099
of the suspension or denial shall be two yearsa class B22100
suspension imposed for the period of time specified in division22101
(B)(2) of section 4510.02 of the Revised Code.22102

       (4)(d) If the person has been convicted, within six years of22103
the date the test was conducted, ofthe person has been convicted22104
of or pleaded guilty to more than two violations of a statute or22105
ordinance described in division (F)(2)(C)(1)(b) of this section,22106
the period of the suspension or denial shall be three yearsa22107
class A suspension imposed for the period of time specified in22108
division (B)(1) of section 4510.02 of the Revised Code.22109

       (2) The registrar shall terminate a suspension of the22110
driver's or commercial driver's license or permit of a resident or22111
of the operating privilege of a nonresident, or a denial of a22112
driver's or commercial driver's license or permit, imposed22113
pursuant to division (C)(1) of this section upon receipt of notice22114
that the person has entered a plea of guilty to, or has been22115
convicted of, operating a vehicle in violation of section 4511.1922116
of the Revised Code or in violation of a municipal OVI ordinance,22117
if the offense for which the conviction is had or the plea is22118
entered arose from the same incident that led to the suspension or22119
denial.22120

       The registrar shall credit against any judicial suspension of22121
a person's driver's or commercial driver's license or permit or22122
nonresident operating privilege imposed pursuant to section22123
4511.19 of the Revised Code, or pursuant to section 4510.07 of the22124
Revised Code for a violation of a municipal OVI ordinance, any22125
time during which the person serves a related suspension imposed22126
pursuant to division (C)(1) of this section.22127

       (G)(D)(1) A suspension of a person's driver's or commercial22128
driver's license or permit or nonresident operating privilege22129
under division (D)(1)(a) of this section for the period of time22130
described in division (E)(B) or (F)(C) of this section is22131
effective immediately from the time at which the arresting officer22132
serves the notice of suspension upon the arrested person. Any22133
subsequent finding that the person is not guilty of the charge22134
that resulted in the person being requested to take, or in the22135
person taking, the chemical test or tests under division (A) of22136
this section affectsdoes not affect the suspension only as22137
described in division (H)(2) of this section.22138

       (2) If a person is arrested for operating a vehicle while22139
under the influence of alcohol, a drug of abuse, or alcohol and a22140
drug of abuse or for operating a vehicle with a prohibited22141
concentration of alcohol in the blood, breath, or urine and,22142
streetcar, or trackless trolley in violation of division (A) or22143
(B) of section 4511.19 of the Revised Code or a municipal OVI22144
ordinance, or for being in physical control of a vehicle,22145
streetcar, or trackless trolley in violation of section 4511.19422146
of the Revised Code, regardless of whether the person's driver's22147
or commercial driver's license or permit or nonresident operating22148
privilege is or is not suspended under division (E)(B) or (F)(C)22149
of this section or Chapter 4510. of the Revised Code, the person's22150
initial appearance on the charge resulting from the arrest shall22151
be held within five days of the person's arrest or the issuance of22152
the citation to the person, subject to any continuance granted by22153
the court pursuant to division (H)(1) of this section 4511.197 of22154
the Revised Code regarding the issues specified in that division.22155

       (H)(1) If a person is arrested for operating a vehicle while22156
under the influence of alcohol, a drug of abuse, or alcohol and a22157
drug of abuse or for operating a vehicle with a prohibited22158
concentration of alcohol in the blood, breath, or urine and if the22159
person's driver's or commercial driver's license or permit or22160
nonresident operating privilege is suspended under division (E) or22161
(F) of this section, the person may appeal the suspension at the22162
person's initial appearance on the charge resulting from the22163
arrest in the court in which the person will appear on that22164
charge. If the person appeals the suspension at the person's22165
initial appearance, the appeal does not stay the operation of the22166
suspension. Subject to division (H)(2) of this section, no court22167
has jurisdiction to grant a stay of a suspension imposed under22168
division (E) or (F) of this section, and any order issued by any22169
court that purports to grant a stay of any suspension imposed22170
under either of those divisions shall not be given administrative22171
effect.22172

       If the person appeals the suspension at the person's initial22173
appearance, either the person or the registrar may request a22174
continuance of the appeal. Either the person or the registrar22175
shall make the request for a continuance of the appeal at the same22176
time as the making of the appeal. If either the person or the22177
registrar requests a continuance of the appeal, the court may22178
grant the continuance. The court also may continue the appeal on22179
its own motion. The granting of a continuance applies only to the22180
conduct of the appeal of the suspension and does not extend the22181
time within which the initial appearance must be conducted, and22182
the court shall proceed with all other aspects of the initial22183
appearance in accordance with its normal procedures. Neither the22184
request for nor the granting of a continuance stays the operation22185
of the suspension that is the subject of the appeal.22186

       If the person appeals the suspension at the person's initial22187
appearance, the scope of the appeal is limited to determining22188
whether one or more of the following conditions have not been met:22189

       (a) Whether the law enforcement officer had reasonable22190
ground to believe the arrested person was operating a vehicle upon22191
a highway or public or private property used by the public for22192
vehicular travel or parking within this state while under the22193
influence of alcohol, a drug of abuse, or alcohol and a drug of22194
abuse or with a prohibited concentration of alcohol in the blood,22195
breath, or urine and whether the arrested person was in fact22196
placed under arrest;22197

       (b) Whether the law enforcement officer requested the22198
arrested person to submit to the chemical test designated pursuant22199
to division (A) of this section;22200

       (c) Whether the arresting officer informed the arrested22201
person of the consequences of refusing to be tested or of22202
submitting to the test;22203

       (d) Whichever of the following is applicable:22204

       (i) Whether the arrested person refused to submit to the22205
chemical test requested by the officer;22206

       (ii) Whether the chemical test results indicate that the22207
arrested person's blood contained a concentration of22208
ten-hundredths of one per cent or more by weight of alcohol, the22209
person's breath contained a concentration of ten-hundredths of one22210
gram or more by weight of alcohol per two hundred ten liters of22211
the person's breath, or the person's urine contained a22212
concentration of fourteen-hundredths of one gram or more by weight22213
of alcohol per one hundred milliliters of the person's urine at22214
the time of the alleged offense.22215

       (2) If the person appeals the suspension at the initial22216
appearance, the judge or referee of the court or the mayor of the22217
mayor's court shall determine whether one or more of the22218
conditions specified in divisions (H)(1)(a) to (d) of this section22219
have not been met. The person who appeals the suspension has the22220
burden of proving, by a preponderance of the evidence, that one or22221
more of the specified conditions has not been met. If during the22222
appeal at the initial appearance the judge or referee of the court22223
or the mayor of the mayor's court determines that all of those22224
conditions have been met, the judge, referee, or mayor shall22225
uphold the suspension, shall continue the suspension, and shall22226
notify the registrar of the decision on a form approved by the22227
registrar. Except as otherwise provided in division (H)(2) of22228
this section, if the suspension is upheld or if the person does22229
not appeal the suspension at the person's initial appearance under22230
division (H)(1) of this section, the suspension shall continue22231
until the complaint alleging the violation for which the person22232
was arrested and in relation to which the suspension was imposed22233
is adjudicated on the merits by the judge or referee of the trial22234
court or by the mayor of the mayor's court. If the suspension was22235
imposed under division (E) of this section and it is continued22236
under this division, any subsequent finding that the person is not22237
guilty of the charge that resulted in the person being requested22238
to take the chemical test or tests under division (A) of this22239
section does not terminate or otherwise affect the suspension. If22240
the suspension was imposed under division (F) of this section and22241
it is continued under this division, the suspension shall22242
terminate if, for any reason, the person subsequently is found not22243
guilty of the charge that resulted in the person taking the22244
chemical test or tests under division (A) of this section.22245

       If, during the appeal at the initial appearance, the judge or22246
referee of the trial court or the mayor of the mayor's court22247
determines that one or more of the conditions specified in22248
divisions (H)(1)(a) to (d) of this section have not been met, the22249
judge, referee, or mayor shall terminate the suspension, subject22250
to the imposition of a new suspension under division (B) of22251
section 4511.196 of the Revised Code; shall notify the registrar22252
of the decision on a form approved by the registrar; and, except22253
as provided in division (B) of section 4511.196 of the Revised22254
Code, shall order the registrar to return the driver's or22255
commercial driver's license or permit to the person or to take22256
such measures as may be necessary, if the license or permit was22257
destroyed under section 4507.55 of the Revised Code, to permit the22258
person to obtain a replacement driver's or commercial driver's22259
license or permit from the registrar or a deputy registrar in22260
accordance with that section. The court also shall issue to the22261
person a court order, valid for not more than ten days from the22262
date of issuance, granting the person operating privileges for22263
that period of time.22264

       If the person appeals the suspension at the initial22265
appearance, the registrar shall be represented by the prosecuting22266
attorney of the county in which the arrest occurred if the initial22267
appearance is conducted in a juvenile court or county court,22268
except that if the arrest occurred within a city or village within22269
the jurisdiction of the county court in which the appeal is22270
conducted, the city director of law or village solicitor of that22271
city or village shall represent the registrar. If the appeal is22272
conducted in a municipal court, the registrar shall be represented22273
as provided in section 1901.34 of the Revised Code. If the appeal22274
is conducted in a mayor's court, the registrar shall be22275
represented by the city director of law, village solicitor, or22276
other chief legal officer of the municipal corporation that22277
operates that mayor's court.22278

       (I)(1)(a) A person is not entitled to request, and a court22279
shall not grant to the person, occupational driving privileges22280
under division (I)(1) of this section if a person's driver's or22281
commercial driver's license or permit or nonresident operating22282
privilege has been suspended pursuant to division (E) of this22283
section, and the person, within the preceding seven years, has22284
refused three previous requests to consent to a chemical test of22285
the person's blood, breath, or urine to determine its alcohol22286
content or has been convicted of or pleaded guilty to three or22287
more violations of one or more of the following:22288

       (i) Division (A) or (B) of section 4511.19 of the Revised22289
Code;22290

       (ii) A municipal ordinance relating to operating a vehicle22291
while under the influence of alcohol, a drug of abuse, or alcohol22292
and a drug of abuse;22293

       (iii) A municipal ordinance relating to operating a vehicle22294
with a prohibited concentration of alcohol in the blood, breath,22295
or urine;22296

       (iv) Section 2903.04 of the Revised Code in a case in which22297
the person was subject to the sanctions described in division (D)22298
of that section;22299

       (v) Division (A)(1) of section 2903.06 or division (A)(1) of22300
section 2903.08 of the Revised Code or a municipal ordinance that22301
is substantially similar to either of those divisions;22302

       (vi) Division (A)(2), (3), or (4) of section 2903.06,22303
division (A)(2) of section 2903.08, or former section 2903.07 of22304
the Revised Code, or a municipal ordinance that is substantially22305
similar to any of those divisions or that former section, in a22306
case in which the jury or judge found that the person was under22307
the influence of alcohol, a drug of abuse, or alcohol and a drug22308
of abuse;22309

       (vii) A statute of the United States or of any other state22310
or a municipal ordinance of a municipal corporation located in any22311
other state that is substantially similar to division (A) or (B)22312
of section 4511.19 of the Revised Code.22313

       (b) Any other person who is not described in division22314
(I)(1)(a) of this section and whose driver's or commercial22315
driver's license or nonresident operating privilege has been22316
suspended pursuant to division (E) of this section may file a22317
petition requesting occupational driving privileges in the common22318
pleas court, municipal court, county court, mayor's court, or, if22319
the person is a minor, juvenile court with jurisdiction over the22320
related criminal or delinquency case. The petition may be filed22321
at any time subsequent to the date on which the notice of22322
suspension is served upon the arrested person. The person shall22323
pay the costs of the proceeding, notify the registrar of the22324
filing of the petition, and send the registrar a copy of the22325
petition.22326

       In the proceedings, the registrar shall be represented by the22327
prosecuting attorney of the county in which the arrest occurred if22328
the petition is filed in the juvenile court, county court, or22329
common pleas court, except that, if the arrest occurred within a22330
city or village within the jurisdiction of the county court in22331
which the petition is filed, the city director of law or village22332
solicitor of that city or village shall represent the registrar.22333
If the petition is filed in the municipal court, the registrar22334
shall be represented as provided in section 1901.34 of the Revised22335
Code. If the petition is filed in a mayor's court, the registrar22336
shall be represented by the city director of law, village22337
solicitor, or other chief legal officer of the municipal22338
corporation that operates the mayor's court.22339

       The court, if it finds reasonable cause to believe that22340
suspension would seriously affect the person's ability to continue22341
in the person's employment, may grant the person occupational22342
driving privileges during the period of suspension imposed22343
pursuant to division (E) of this section, subject to the22344
limitations contained in this division and division (I)(2) of this22345
section. The court may grant the occupational driving privileges,22346
subject to the limitations contained in this division and division22347
(I)(2) of this section, regardless of whether the person appeals22348
the suspension at the person's initial appearance under division22349
(H)(1) of this section or appeals the decision of the court made22350
pursuant to the appeal conducted at the initial appearance, and,22351
if the person has appealed the suspension or decision, regardless22352
of whether the matter at issue has been heard or decided by the22353
court. The court shall not grant occupational driving privileges22354
for employment as a driver of commercial motor vehicles to any22355
person who is disqualified from operating a commercial motor22356
vehicle under section 3123.611 or 4506.16 of the Revised Code or22357
whose commercial driver's license or commercial driver's temporary22358
instruction permit has been suspended under section 3123.58 of the22359
Revised Code.22360

       (2)(a) In granting occupational driving privileges under22361
division (I)(1) of this section, the court may impose any22362
condition it considers reasonable and necessary to limit the use22363
of a vehicle by the person. The court shall deliver to the person22364
a permit card, in a form to be prescribed by the court, setting22365
forth the time, place, and other conditions limiting the22366
defendant's use of a vehicle. The grant of occupational driving22367
privileges shall be conditioned upon the person's having the22368
permit in the person's possession at all times during which the22369
person is operating a vehicle.22370

       A person granted occupational driving privileges who operates22371
a vehicle for other than occupational purposes, in violation of22372
any condition imposed by the court, or without having the permit22373
in the person's possession, is guilty of a violation of section22374
4507.02 of the Revised Code.22375

       (b) The court may not grant a person occupational driving22376
privileges under division (I)(1) of this section when prohibited22377
by a limitation contained in that division or during any of the22378
following periods of time:22379

       (i) The first thirty days of suspension imposed upon a22380
person who, within five years of the date on which the person22381
refused the request to consent to a chemical test of the person's22382
blood, breath, or urine to determine its alcohol content and for22383
which refusal the suspension was imposed, had not refused a22384
previous request to consent to a chemical test of the person's22385
blood, breath, or urine to determine its alcohol content;22386

       (ii) The first ninety days of suspension imposed upon a22387
person who, within five years of the date on which the person22388
refused the request to consent to a chemical test of the person's22389
blood, breath, or urine to determine its alcohol content and for22390
which refusal the suspension was imposed, had refused one previous22391
request to consent to a chemical test of the person's blood,22392
breath, or urine to determine its alcohol content;22393

       (iii) The first year of suspension imposed upon a person22394
who, within five years of the date on which the person refused the22395
request to consent to a chemical test of the person's blood,22396
breath, or urine to determine its alcohol content and for which22397
refusal the suspension was imposed, had refused two previous22398
requests to consent to a chemical test of the person's blood,22399
breath, or urine to determine its alcohol content;22400

       (iv) The first three years of suspension imposed upon a22401
person who, within five years of the date on which the person22402
refused the request to consent to a chemical test of the person's22403
blood, breath, or urine to determine its alcohol content and for22404
which refusal the suspension was imposed, had refused three or22405
more previous requests to consent to a chemical test of the22406
person's blood, breath, or urine to determine its alcohol content.22407

       (3) The court shall give information in writing of any22408
action taken under this section to the registrar.22409

       (4) If a person's driver's or commercial driver's license or22410
permit or nonresident operating privilege has been suspended22411
pursuant to division (F) of this section, and the person, within22412
the preceding seven years, has been convicted of or pleaded guilty22413
to three or more violations of division (A) or (B) of section22414
4511.19 of the Revised Code, a municipal ordinance relating to22415
operating a vehicle while under the influence of alcohol, a drug22416
of abuse, or alcohol and a drug of abuse, a municipal ordinance22417
relating to operating a vehicle with a prohibited concentration of22418
alcohol in the blood, breath, or urine, section 2903.04 of the22419
Revised Code in a case in which the person was subject to the22420
sanctions described in division (D) of that section, or section22421
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal22422
ordinance that is substantially similar to section 2903.07 of the22423
Revised Code in a case in which the jury or judge found that the22424
person was under the influence of alcohol, a drug of abuse, or22425
alcohol and a drug of abuse, or a statute of the United States or22426
of any other state or a municipal ordinance of a municipal22427
corporation located in any other state that is substantially22428
similar to division (A) or (B) of section 4511.19 of the Revised22429
Code, the person is not entitled to request, and the court shall22430
not grant to the person, occupational driving privileges under22431
this division. Any other person whose driver's or commercial22432
driver's license or nonresident operating privilege has been22433
suspended pursuant to division (F) of this section may file in the22434
court specified in division (I)(1)(b) of this section a petition22435
requesting occupational driving privileges in accordance with22436
section 4507.16 of the Revised Code. The petition may be filed at22437
any time subsequent to the date on which the arresting officer22438
serves the notice of suspension upon the arrested person. Upon22439
the making of the request, occupational driving privileges may be22440
granted in accordance with section 4507.16 of the Revised Code. 22441
The court may grant the occupational driving privileges, subject22442
to the limitations contained in section 4507.16 of the Revised22443
Code, regardless of whether the person appeals the suspension at22444
the person's initial appearance under division (H)(1) of this22445
section or appeals the decision of the court made pursuant to the22446
appeal conducted at the initial appearance, and, if the person has22447
appealed the suspension or decision, regardless of whether the22448
matter at issue has been heard or decided by the court.22449

       (J)(E) When it finally has been determined under the22450
procedures of this section and sections 4511.192 through 4511.19722451
of the Revised Code that a nonresident's privilege to operate a22452
vehicle within this state has been suspended, the registrar shall22453
give information in writing of the action taken to the motor22454
vehicle administrator of the state of the person's residence and22455
of any state in which the person has a license.22456

       (K) A suspension of the driver's or commercial driver's22457
license or permit of a resident, a suspension of the operating22458
privilege of a nonresident, or a denial of a driver's or22459
commercial driver's license or permit pursuant to division (E) or22460
(F) of this section shall be terminated by the registrar upon22461
receipt of notice of the person's entering a plea of guilty to, or22462
of the person's conviction of, operating a vehicle while under the22463
influence of alcohol, a drug of abuse, or alcohol and a drug of22464
abuse or with a prohibited concentration of alcohol in the blood,22465
breath, or urine, if the offense for which the plea is entered or22466
that resulted in the conviction arose from the same incident that22467
led to the suspension or denial.22468

       The registrar shall credit against any judicial suspension of22469
a person's driver's or commercial driver's license or permit or22470
nonresident operating privilege imposed pursuant to division (B)22471
or (E) of section 4507.16 of the Revised Code any time during22472
which the person serves a related suspension imposed pursuant to22473
division (E) or (F) of this section.22474

       (L)(F) At the end of a suspension period under this section,22475
under section 4511.194, section 4511.196, or division (B)(G) of22476
section 4507.164511.19 of the Revised Code, or under section22477
4510.07 of the Revised Code for a violation of a municipal OVI22478
ordinance and upon the request of the person whose driver's or22479
commercial driver's license or permit was suspended and who is not22480
otherwise subject to suspension, revocationcancellation, or22481
disqualification, the registrar shall return the driver's or22482
commercial driver's license or permit to the person upon the22483
person's compliance withoccurrence of all of the conditions22484
specified in divisions (L)(F)(1) and (2) of this section:22485

       (1) A showing by the person that the person has proof of22486
financial responsibility, a policy of liability insurance in22487
effect that meets the minimum standards set forth in section22488
4509.51 of the Revised Code, or proof, to the satisfaction of the22489
registrar, that the person is able to respond in damages in an22490
amount at least equal to the minimum amounts specified in section22491
4509.51 of the Revised Code.22492

       (2) Subject to the limitation contained in division22493
(L)(F)(3) of this section, payment by the person to the bureau of22494
motor vehicles of a license reinstatement fee of four hundred22495
twenty-five dollars to the bureau of motor vehicles, which fee22496
shall be deposited in the state treasury and credited as follows:22497

       (a) One hundred twelve dollars and fifty cents shall be22498
credited to the statewide treatment and prevention fund created by22499
section 4301.30 of the Revised Code. The fund shall be used to22500
pay the costs of driver treatment and intervention programs22501
operated pursuant to sections 3793.02 and 3793.10 of the Revised22502
Code. The director of alcohol and drug addiction services shall22503
determine the share of the fund that is to be allocated to alcohol22504
and drug addiction programs authorized by section 3793.02 of the22505
Revised Code, and the share of the fund that is to be allocated to22506
drivers' intervention programs authorized by section 3793.10 of22507
the Revised Code.22508

       (b) Seventy-five dollars shall be credited to the22509
reparations fund created by section 2743.191 of the Revised Code.22510

       (c) Thirty-seven dollars and fifty cents shall be credited22511
to the indigent drivers alcohol treatment fund, which is hereby22512
established. Except as otherwise provided in division22513
(L)(F)(2)(c) of this section, moneys in the fund shall be22514
distributed by the department of alcohol and drug addiction22515
services to the county indigent drivers alcohol treatment funds,22516
the county juvenile indigent drivers alcohol treatment funds, and22517
the municipal indigent drivers alcohol treatment funds that are22518
required to be established by counties and municipal corporations22519
pursuant to division (N) of this section, and shall be used only22520
to pay the cost of an alcohol and drug addiction treatment program22521
attended by an offender or juvenile traffic offender who is22522
ordered to attend an alcohol and drug addiction treatment program22523
by a county, juvenile, or municipal court judge and who is22524
determined by the county, juvenile, or municipal court judge not22525
to have the means to pay for the person's attendance at the22526
program or to pay the costs specified in division (N)(H)(4) of22527
this section in accordance with that division. Moneys in the fund22528
that are not distributed to a county indigent drivers alcohol22529
treatment fund, a county juvenile indigent drivers alcohol22530
treatment fund, or a municipal indigent drivers alcohol treatment22531
fund under division (N)(H) of this section because the director of22532
alcohol and drug addiction services does not have the information22533
necessary to identify the county or municipal corporation where22534
the offender or juvenile offender was arrested may be transferred22535
by the director of budget and management to the statewide22536
treatment and prevention fund created by section 4301.30 of the22537
Revised Code, upon certification of the amount by the director of22538
alcohol and drug addiction services.22539

       (d) Seventy-five dollars shall be credited to the Ohio22540
rehabilitation services commission established by section 3304.1222541
of the Revised Code, to the services for rehabilitation fund,22542
which is hereby established. The fund shall be used to match22543
available federal matching funds where appropriate, and for any22544
other purpose or program of the commission to rehabilitate people22545
with disabilities to help them become employed and independent.22546

       (e) Seventy-five dollars shall be deposited into the state22547
treasury and credited to the drug abuse resistance education22548
programs fund, which is hereby established, to be used by the22549
attorney general for the purposes specified in division (L)(4) of22550
this section.22551

       (f) Thirty dollars shall be credited to the state bureau of22552
motor vehicles fund created by section 4501.25 of the Revised22553
Code.22554

       (g) Twenty dollars shall be credited to the trauma and22555
emergency medical services grants fund created by section 4513.26322556
of the Revised Code.22557

       (3) If a person's driver's or commercial driver's license or22558
permit is suspended under division (E) or (F) of this section,22559
under section 4511.196, or division (B)(G) of section 4507.1622560
4511.19 of the Revised Code, under section 4510.07 of the Revised22561
Code for a violation of a municipal OVI ordinance or under any22562
combination of the suspensions described in division (L)(F)(3) of22563
this section, and if the suspensions arise from a single incident22564
or a single set of facts and circumstances, the person is liable22565
for payment of, and shall be required to pay to the bureau, only22566
one reinstatement fee of four hundred fivetwenty-five dollars.22567
The reinstatement fee shall be distributed by the bureau in22568
accordance with division (L)(F)(2) of this section.22569

       (4) The attorney general shall use amounts in the drug abuse22570
resistance education programs fund to award grants to law22571
enforcement agencies to establish and implement drug abuse22572
resistance education programs in public schools. Grants awarded22573
to a law enforcement agency under division (L)(2)(e) of this22574
section shall be used by the agency to pay for not more than fifty22575
per cent of the amount of the salaries of law enforcement officers22576
who conduct drug abuse resistance education programs in public22577
schools. The attorney general shall not use more than six per22578
cent of the amounts the attorney general's office receives under22579
division (L)(F)(2)(e) of this section to pay the costs it incurs22580
in administering the grant program established by division22581
(L)(F)(2)(e) of this section and in providing training and22582
materials relating to drug abuse resistance education programs.22583

       The attorney general shall report to the governor and the22584
general assembly each fiscal year on the progress made in22585
establishing and implementing drug abuse resistance education22586
programs. These reports shall include an evaluation of the22587
effectiveness of these programs.22588

       (M)(G) Suspension of a commercial driver's license under22589
division (E)(B) or (F)(C) of this section shall be concurrent with22590
any period of disqualification under section 3123.611 or 4506.1622591
of the Revised Code or any period of suspension under section22592
3123.58 of the Revised Code. No person who is disqualified for22593
life from holding a commercial driver's license under section22594
4506.16 of the Revised Code shall be issued a driver's license22595
under Chapter 4507. of the Revised Code during the period for22596
which the commercial driver's license was suspended under division22597
(E)(B) or (F)(C) of this section, and no. No person whose22598
commercial driver's license is suspended under division (E)(B) or22599
(F)(C) of this section shall be issued a driver's license under22600
that chapterChapter 4507. of the Revised Code during the period22601
of the suspension.22602

       (N)(H)(1) Each county shall establish an indigent drivers22603
alcohol treatment fund, each county shall establish a juvenile22604
indigent drivers alcohol treatment fund, and each municipal22605
corporation in which there is a municipal court shall establish an22606
indigent drivers alcohol treatment fund. All revenue that the22607
general assembly appropriates to the indigent drivers alcohol22608
treatment fund for transfer to a county indigent drivers alcohol22609
treatment fund, a county juvenile indigent drivers alcohol22610
treatment fund, or a municipal indigent drivers alcohol treatment22611
fund, all portions of fees that are paid under division (L) of22612
this section and that are credited under that division to the22613
indigent drivers alcohol treatment fund in the state treasury for22614
a county indigent drivers alcohol treatment fund, a county22615
juvenile indigent drivers alcohol treatment fund, or a municipal22616
indigent drivers alcohol treatment fund, and all portions of fines22617
that are specified for deposit into a county or municipal indigent22618
drivers alcohol treatment fund by section 4511.193 of the Revised22619
Code shall be deposited into that county indigent drivers alcohol22620
treatment fund, county juvenile indigent drivers alcohol treatment22621
fund, or municipal indigent drivers alcohol treatment fund in22622
accordance with division (N)(H)(2) of this section. Additionally,22623
all portions of fines that are paid for a violation of section22624
4511.19 of the Revised Code or division (B)(2) of section 4507.0222625
of any prohibition contained in Chapter 4510. of the Revised Code,22626
and that are required under division (A)(1), (2), (5), or (6) of22627
section 4511.994511.19 or division (B)(5) of section 4507.99any22628
provision of Chapter 4510. of the Revised Code to be deposited22629
into a county indigent drivers alcohol treatment fund or municipal22630
indigent drivers alcohol treatment fund shall be deposited into22631
the appropriate fund in accordance with the applicable division.22632

       (2) That portion of the license reinstatement fee that is22633
paid under division (L)(F) of this section and that is credited22634
under that division to the indigent drivers alcohol treatment fund22635
shall be deposited into a county indigent drivers alcohol22636
treatment fund, a county juvenile indigent drivers alcohol22637
treatment fund, or a municipal indigent drivers alcohol treatment22638
fund as follows:22639

       (a) If the suspension in question was imposed under this22640
section, that portion of the fee shall be deposited as follows:22641

       (i) If the fee is paid by a person who was charged in a22642
county court with the violation that resulted in the suspension,22643
the portion shall be deposited into the county indigent drivers22644
alcohol treatment fund under the control of that court;22645

       (ii) If the fee is paid by a person who was charged in a22646
juvenile court with the violation that resulted in the suspension,22647
the portion shall be deposited into the county juvenile indigent22648
drivers alcohol treatment fund established in the county served by22649
the court;22650

       (iii) If the fee is paid by a person who was charged in a22651
municipal court with the violation that resulted in the22652
suspension, the portion shall be deposited into the municipal22653
indigent drivers alcohol treatment fund under the control of that22654
court.22655

       (b) If the suspension in question was imposed under division22656
(B) of section 4507.164511.19 of the Revised Code or under22657
section 4510.07 of the Revised Code for a violation of a municipal22658
OVI ordinance, that portion of the fee shall be deposited as22659
follows:22660

       (i) If the fee is paid by a person whose license or permit22661
was suspended by a county court, the portion shall be deposited22662
into the county indigent drivers alcohol treatment fund under the22663
control of that court;22664

       (ii) If the fee is paid by a person whose license or permit22665
was suspended by a municipal court, the portion shall be deposited22666
into the municipal indigent drivers alcohol treatment fund under22667
the control of that court.22668

       (3) Expenditures from a county indigent drivers alcohol22669
treatment fund, a county juvenile indigent drivers alcohol22670
treatment fund, or a municipal indigent drivers alcohol treatment22671
fund shall be made only upon the order of a county, juvenile, or22672
municipal court judge and only for payment of the cost of the22673
attendance at an alcohol and drug addiction treatment program of a22674
person who is convicted of, or found to be a juvenile traffic22675
offender by reason of, a violation of division (A) of section22676
4511.19 of the Revised Code or a substantially similar municipal22677
ordinance, who is ordered by the court to attend the alcohol and22678
drug addiction treatment program, and who is determined by the22679
court to be unable to pay the cost of attendance at the treatment22680
program or for payment of the costs specified in division22681
(N)(H)(4) of this section in accordance with that division. The22682
alcohol and drug addiction services board or the board of alcohol,22683
drug addiction, and mental health services established pursuant to22684
section 340.02 or 340.021 of the Revised Code and serving the22685
alcohol, drug addiction, and mental health service district in22686
which the court is located shall administer the indigent drivers22687
alcohol treatment program of the court. When a court orders an22688
offender or juvenile traffic offender to attend an alcohol and22689
drug addiction treatment program, the board shall determine which22690
program is suitable to meet the needs of the offender or juvenile22691
traffic offender, and when a suitable program is located and space22692
is available at the program, the offender or juvenile traffic22693
offender shall attend the program designated by the board. A22694
reasonable amount not to exceed five per cent of the amounts22695
credited to and deposited into the county indigent drivers alcohol22696
treatment fund, the county juvenile indigent drivers alcohol22697
treatment fund, or the municipal indigent drivers alcohol22698
treatment fund serving every court whose program is administered22699
by that board shall be paid to the board to cover the costs it22700
incurs in administering those indigent drivers alcohol treatment22701
programs.22702

       (4) If a county, juvenile, or municipal court determines, in22703
consultation with the alcohol and drug addiction services board or22704
the board of alcohol, drug addiction, and mental health services22705
established pursuant to section 340.02 or 340.021 of the Revised22706
Code and serving the alcohol, drug addiction, and mental health22707
district in which the court is located, that the funds in the22708
county indigent drivers alcohol treatment fund, the county22709
juvenile indigent drivers alcohol treatment fund, or the municipal22710
indigent drivers alcohol treatment fund under the control of the22711
court are more than sufficient to satisfy the purpose for which22712
the fund was established, as specified in divisions (N)(H)(1) to22713
(3) of this section, the court may declare a surplus in the fund.22714
If the court declares a surplus in the fund, the court may expend22715
the amount of the surplus in the fund for alcohol and drug abuse22716
assessment and treatment of persons who are charged in the court22717
with committing a criminal offense or with being a delinquent22718
child or juvenile traffic offender and in relation to whom both of22719
the following apply:22720

       (a) The court determines that substance abuse was a22721
contributing factor leading to the criminal or delinquent activity22722
or the juvenile traffic offense with which the person is charged.22723

       (b) The court determines that the person is unable to pay22724
the cost of the alcohol and drug abuse assessment and treatment22725
for which the surplus money will be used.22726

       Sec. 4511.192.  (A) No person whose driver's or commercial22727
driver's license or permit or nonresident operating privilege has22728
been suspended under section 4511.191 or 4511.196 of the Revised22729
Code shall operate a vehicle upon the highways or streets within22730
this state.22731

       (B) It is an affirmative defense to any prosecution brought22732
pursuant to this section that the alleged offender drove under22733
suspension because of a substantial emergency, provided that no22734
other person was reasonably available to drive in response to the22735
emergency.The arresting law enforcement officer shall give advice22736
in accordance with this section to any person under arrest for a22737
violation of division (A) or (B) of section 4511.19 of the Revised22738
Code, section 4511.194 of the Revised Code, or a municipal OVI22739
ordinance. The officer shall give that advice in a written form22740
that contains the information described in division (B) of this22741
section and shall read the advice to the person. The form shall22742
contain a statement that the form was shown to the person under22743
arrest and read to the person by the arresting officer. One or22744
more persons shall witness the arresting officer's reading of the22745
form, and the witnesses shall certify to this fact by signing the22746
form.22747

       (B) If a person is under arrest as described in division (A)22748
of this section, before the person may be requested to submit to a22749
chemical test or tests to determine the alcohol, drug, or alcohol22750
and drug content of the person's whole blood, blood serum or22751
plasma, breath, or urine, the arresting officer shall read the22752
following form to the person:22753

       "You now are under arrest for (state with specificity the22754
offense for which the person was arrested – operating a vehicle22755
under the influence of alcohol, a drug of abuse, or a combination22756
of them in violation of state law; operating a vehicle after22757
underage alcohol consumption in violation of state law; having22758
physical control of a vehicle while under the influence in22759
violation of state law; or a violation of a municipal OVI22760
ordinance).22761

       If you refuse to take any chemical test or tests required22762
under section 4511.191 of the Revised Code, you will be subject to22763
at least the immediate suspension of your privilege to operate a22764
vehicle in Ohio and the payment of a reinstatement fee.22765

       Unless you are under arrest for having physical control of a22766
vehicle while under the influence, if you take any chemical test22767
or tests required under section 4511.191 of the Revised Code and22768
are found to be at or over the prohibited amount of alcohol in22769
your whole blood, blood serum or plasma, breath, or urine as set22770
by state law for the offense of OVI, you will be subject to at22771
least the immediate suspension of your privilege to operate a22772
vehicle in Ohio and the payment of a reinstatement fee. These22773
suspension and reinstatement fee sanctions do not apply if you are22774
under arrest for having physical control of a vehicle and you take22775
a chemical test or tests, regardless of the outcome of the test or22776
tests.22777

       In any case, if you take a chemical test or tests, you may22778
have an independent chemical test taken at your own expense."22779

       (C) If the arresting law enforcement officer does not ask a22780
person under arrest as described in division (A) of this section22781
to submit to a chemical test or tests under section 4511.191 of22782
the Revised Code, the arresting officer shall seize the Ohio or22783
out-of-state driver's or commercial driver's license or permit of22784
the person and immediately forward it to the court in which the22785
arrested person is to appear on the charge. If the arrested22786
person is not in possession of the person's license or permit or22787
it is not in the person's vehicle, the officer shall order the22788
person to surrender it to the law enforcement agency that employs22789
the officer within twenty-four hours after the arrest, and, upon22790
the surrender, the agency immediately shall forward the license or22791
permit to the court in which the person is to appear on the22792
charge. Upon receipt of the license or permit, the court shall22793
retain it pending the arrested person's initial appearance and any22794
action taken under section 4511.196 of the Revised Code.22795

       (D)(1) If a law enforcement officer asks a person under22796
arrest as described in division (A) of this section to submit to a22797
chemical test or tests under section 4511.191 of the Revised Code,22798
if the officer advises the person in accordance with this section22799
of the consequences of the person's refusal or submission, and if22800
either the person refuses to submit to the test or tests or,22801
unless the arrest was for a violation of section 4511.194 of the22802
Revised Code, the person submits to the test or tests and the test22803
results indicate a prohibited concentration of alcohol in the22804
person's whole blood, blood serum or plasma, breath, or urine at22805
the time of the alleged offense, the arresting officer shall do22806
all of the following:22807

       (a) On behalf of the registrar of motor vehicles, notify the22808
person that, independent of any penalties or sanctions imposed22809
upon the person, the person's Ohio driver's or commercial driver's22810
license or permit or nonresident operating privilege is suspended22811
immediately, that the suspension will last at least until the22812
person's initial appearance on the charge, which will be held22813
within five days after the date of the person's arrest or the22814
issuance of a citation to the person, and that the person may22815
appeal the suspension at the initial appearance or during the22816
period of time ending thirty days after that initial appearance;22817

       (b) Seize the driver's or commercial driver's license or22818
permit of the person and immediately forward it to the registrar.22819
If the arrested person is not in possession of the person's22820
license or permit or it is not in the person's vehicle, the22821
officer shall order the person to surrender it to the law22822
enforcement agency that employs the officer within twenty-four22823
hours after the person is given notice of the suspension, and,22824
upon the surrender, the officer's employing agency immediately22825
shall forward the license or permit to the registrar.22826

       (c) Verify the person's current residence and, if it differs22827
from that on the person's driver's or commercial driver's license22828
or permit, notify the registrar of the change;22829

       (d) Send to the registrar, within forty-eight hours after22830
the arrest of the person, a sworn report that includes all of the22831
following statements:22832

       (i) That the officer had reasonable grounds to believe that,22833
at the time of the arrest, the arrested person was operating a22834
vehicle, streetcar, or trackless trolley in violation of division22835
(A) or (B) of section 4511.19 of the Revised Code or a municipal22836
OVI ordinance or for being in physical control of a stationary22837
vehicle, streetcar, or trackless trolley in violation of section22838
4511.194 of the Revised Code;22839

       (ii) That the person was arrested and charged with a22840
violation of division (A) or (B) of section 4511.19 of the Revised22841
Code, section 4511.194 of the Revised Code, or a municipal OVI22842
ordinance;22843

       (iii) That the officer asked the person to take the22844
designated chemical test or tests, advised the person in22845
accordance with this section of the consequences of submitting to,22846
or refusing to take, the test or tests, and gave the person the22847
form described in division (B) of this section;22848

       (iv) That either the person refused to submit to the22849
chemical test or tests or, unless the arrest was for a violation22850
of section 4511.194 of the Revised Code, the person submitted to22851
the chemical test or tests and the test results indicate a22852
prohibited concentration of alcohol in the person's whole blood,22853
blood serum or plasma, breath, or urine at the time of the alleged22854
offense.22855

       (2) Division (D)(1) of this section does not apply to a22856
person who is arrested for a violation of section 4511.194 of the22857
Revised Code, who is asked by a law enforcement officer to submit22858
to a chemical test or tests under section 4511.191 of the Revised22859
Code, and who submits to the test or tests, regardless of the22860
amount of alcohol that the test results indicate is present in the22861
person's whole blood, blood serum or plasma, breath, or urine.22862

       (E) The arresting officer shall give the officer's sworn22863
report that is completed under this section to the arrested person22864
at the time of the arrest, or the registrar of motor vehicles22865
shall send the report to the person by regular first class mail as22866
soon as possible after receipt of the report, but not later than22867
fourteen days after receipt of it. An arresting officer may give22868
an unsworn report to the arrested person at the time of the arrest22869
provided the report is complete when given to the arrested person22870
and subsequently is sworn to by the arresting officer. As soon as22871
possible, but not later than forty-eight hours after the arrest of22872
the person, the arresting officer shall send a copy of the sworn22873
report to the court in which the arrested person is to appear on22874
the charge for which the person was arrested.22875

       (F) The sworn report of an arresting officer completed under22876
this section is prima-facie proof of the information and22877
statements that it contains. It shall be admitted and considered22878
as prima-facie proof of the information and statements that it22879
contains in any appeal under section 4511.197 of the Revised Code22880
relative to any suspension of a person's driver's or commercial22881
driver's license or permit or nonresident operating privilege that22882
results from the arrest covered by the report.22883

       Sec. 4511.193.  (A) Twenty-five dollars of any fine imposed22884
for a violation of a municipal OVI ordinance relating to operating22885
a vehicle while under the influence of alcohol, a drug of abuse,22886
or alcohol and a drug of abuse or relating to operating a vehicle22887
with a prohibited concentration of alcohol in the blood, breath,22888
or urine shall be deposited into the municipal or county indigent22889
drivers alcohol treatment fund created pursuant to division (N)(H)22890
of section 4511.191 of the Revised Code in accordance with this22891
section and section 733.40, divisions (A) and (B) of section22892
1901.024, division (F) of section 1901.31, or division (C) of22893
section 1907.20 of the Revised Code. Regardless of whether the22894
fine is imposed by a municipal court, a mayor's court, or a22895
juvenile court, if the fine was imposed for a violation of an22896
ordinance of a municipal corporation that is within the22897
jurisdiction of a municipal court, the twenty-five dollars that is22898
subject to this section shall be deposited into the indigent22899
drivers alcohol treatment fund of the municipal corporation in22900
which is located the municipal court that has jurisdiction over22901
that municipal corporation. Regardless of whether the fine is22902
imposed by a county court, a mayor's court, or a juvenile court,22903
if the fine was imposed for a violation of an ordinance of a22904
municipal corporation that is within the jurisdiction of a county22905
court, the twenty-five dollars that is subject to this section22906
shall be deposited into the indigent drivers alcohol treatment22907
fund of the county in which is located the county court that has22908
jurisdiction over that municipal corporation. The deposit shall22909
be made in accordance with section 733.40, divisions (A) and (B)22910
of section 1901.024, division (F) of section 1901.31, or division22911
(C) of section 1907.20 of the Revised Code.22912

       (B)(1) The requirements and sanctions imposed by divisions22913
(B)(1) and (2) of this section are an adjunct to and derive from22914
the state's exclusive authority over the registration and titling22915
of motor vehicles and do not comprise a part of the criminal22916
sentence to be imposed upon a person who violates a municipal OVI22917
ordinance relating to operating a vehicle while under the22918
influence of alcohol, a drug of abuse, or alcohol and a drug of22919
abuse or relating to operating a vehicle with a prohibited22920
concentration of alcohol in the blood, breath, or urine.22921

       (2)(a) The court shall follow division (B)(2)(b) of this22922
section ifIf a person is convicted of or pleads guilty to a22923
violation of a municipal OVI ordinance relating to operating a22924
vehicle while under the influence of alcohol, a drug of abuse, or22925
alcohol and a drug of abuse or relating to operating a vehicle22926
with a prohibited concentration of alcohol in the blood, breath,22927
or urine and if the circumstances described in division22928
(B)(2)(b)(iii) of this section apply or if, within the period of22929
time specified in division (B)(2) or (b)(i), (ii) (iii) of this22930
section, if the vehicle the offender was operating at the time of22931
the offense is registered in the offender's name, and if, within22932
six years of the current offense, the offender has been convicted22933
of or pleaded guilty to any violation of the following:22934

       (i) Sectionone or more violations of division (A) or (B) of22935
section 4511.19 of the Revised Code;22936

       (ii) A municipal ordinance relating to operating a vehicle22937
while under the influence of alcohol, a drug of abuse, or alcohol22938
and a drug of abuse;22939

       (iii) A municipal ordinance relating to operating a vehicle22940
with a prohibited concentration of alcohol in the blood, breath,22941
or urine;22942

       (iv) Section 2903.04 of the Revised Code in a case in which22943
the offender was subject to the sanctions described in division22944
(D) of that section;22945

       (v) Division (A)(1) of section 2903.06 or division (A)(1) of22946
section 2903.08 of the Revised Code or a municipal ordinance that22947
is substantially similar to either of those divisions;22948

       (vi) Division (A)(2), (3), or (4) of section 2903.06,22949
division (A)(2) of section 2903.08, or former section 2903.07 of22950
the Revised Code, or a municipal ordinance that is substantially22951
similar to any of those divisions or that former section, in a22952
case in which the jury or judge found that the offender was under22953
the influence of alcohol, a drug of abuse, or alcohol and a drug22954
of abuse;22955

       (vii) A statute of the United States or of any other state22956
or a municipal ordinance of a municipal corporation located in any22957
other state that is substantially similar to division (A) or (B)22958
of section 4511.19 of the Revised Code.22959

       (b) If the circumstances described in division (B)(2)(a)(b)22960
of this section applyor one or more other equivalent offenses,22961
the court, in addition to and independent of any sentence that it22962
imposes upon the offender for the offense, regardless of whether22963
the vehicle the offender was operating at the time of the offense22964
is registered in the offender's name or in the name of another22965
person, and subject to section 4503.235 of the Revised Code, shall22966
do whichever of the following is applicable:22967

       (i)(a) Except as otherwise provided in division22968
(B)(2)(b)(iii) of this section, if, within six years of the22969
current offense, the offender has been convicted of or pleaded22970
guilty to one violation described in division (B)(2)(a) of this22971
section, the court shall order the immobilization for ninety days22972
of thethat vehicle the offender was operating at the time of the22973
offense and the impoundment for ninety days of the license plates22974
of that vehicle. The order for the immobilization and impoundment22975
shall be issued and enforced in accordance with section 4503.23322976
of the Revised Code.22977

       (ii)(b)(iii)(a)22978

       (iii)(b) If, within six years of the current offense, the22979
offender has been convicted of or pleaded guilty to two or more22980
violations described in division (B)(2)(a) of this section, or if22981
the offender previously has been convicted of or pleaded guilty to22982
a violation of division (A) of section 4511.19 of the Revised Code22983
under circumstances in which the violation was a felony and22984
regardless of when the violation and the conviction or guilty plea22985
occurred, the court shall order the criminal forfeiture to the22986
state of thethat vehicle the offender was operating at the time22987
of the offense The order of criminal forfeiture shall be issued22988
and enforced in accordance with section 4503.234 of the Revised22989
Code.22990

       Sec. 4511.194.  (A) As used in this section, "physical22991
control" means being in the driver's position of the front seat of22992
a vehicle or in the driver's position of a streetcar or trackless22993
trolley and having possession of the vehicle's, streetcar's, or22994
trackless trolley's ignition key or other ignition device.22995

       (B) No person shall be in physical control of a vehicle,22996
streetcar, or trackless trolley while under the influence of22997
alcohol, a drug of abuse, or a combination of them or while the22998
person's whole blood, blood serum or plasma, breath, or urine22999
contains at least the concentration of alcohol specified in23000
division (A)(2), (3), (4), or (5) of section 4511.19 of the23001
Revised Code.23002

       (C) Whoever violates this section is guilty of having23003
physical control of a vehicle while under the influence, a23004
misdemeanor of the first degree. In addition to other sanctions23005
imposed, the court may impose on the offender a class seven23006
suspension of the offender's driver's license, commercial driver's23007
license, temporary instruction permit, probationary license, or23008
nonresident operating privilege from the range specified in23009
division (A)(7) of section 4510.02 of the Revised Code.23010

       Sec. 4511.195.  (A) As used in this section:23011

       (1) "Vehicle operator" means a person who is operating a23012
vehicle at the time it is seizedArrested person" means a person23013
who is arrested for a violation of division (A) of section 4511.1923014
of the Revised Code or a municipal OVI ordinance and whose arrest23015
results in a vehicle being seized under division (B) of this23016
section.23017

       (2) "Vehicle owner" means either of the following:23018

       (a) The person in whose name is registered, at the time of23019
the seizure, a vehicle that is seized under division (B) of this23020
section;23021

       (b) A person to whom the certificate of title to a vehicle23022
that is seized under division (B) of this section has been23023
assigned and who has not obtained a certificate of title to the23024
vehicle in that person's name, but who is deemed by the court as23025
being the owner of the vehicle at the time the vehicle was seized23026
under division (B) of this section.23027

       (3) "Municipal OMVI ordinance" means any municipal ordinance23028
prohibiting the operation of a vehicle while under the influence23029
of alcohol, a drug of abuse, or alcohol and a drug of abuse or23030
prohibiting the operation of a vehicle with a prohibited23031
concentration of alcohol in the blood, breath, or urine.23032

       (4) "Interested party" includes the owner of a vehicle23033
seized under this section, all lienholders, the defendantarrested23034
person, the owner of the place of storage at which a vehicle23035
seized under this section is stored, and the person or entity that23036
caused the vehicle to be removed.23037

       (B)(1) The arresting officer or another officer of the law23038
enforcement agency that employs the arresting officer, in addition23039
to any action that the arresting officer is required or authorized23040
to take by section 4511.19or 4511.191 of the Revised Code or by23041
any other provision of law, shall seize the vehicle that a person23042
was operating at the time of the alleged offense and its license23043
plates if the vehicle is registered in the arrested person's name23044
and if either of the following applyapplies:23045

       (a) The person is arrested for a violation of division (A)23046
of section 4511.19 of the Revised Code or of a municipal OMVIOVI23047
ordinance and, within six years of the alleged violation, the23048
person previously has been convicted of or pleaded guilty to one23049
or more violations of the following:23050

       (i) Divisiondivision (A) or (B) of section 4511.19 of the23051
Revised Code;23052

       (ii) A municipal OMVI ordinance;23053

       (iii) Section 2903.04 of the Revised Code in a case in which23054
the offender was subject to the sanctions described in division23055
(D) of that section;23056

       (iv) Division (A)(1) of section 2903.06 or division (A)(1)23057
of section 2903.08 of the Revised Code or a municipal ordinance23058
that is substantially similar to either of those divisions;23059

       (v) Division (A)(2), (3), or (4) of section 2903.06,23060
division (A)(2) of section 2903.08, or former section 2903.07 of23061
the Revised Code, or a municipal ordinance that is substantially23062
similar to any of those divisions or that former section, in a23063
case in which the jury or judge found that the offender was under23064
the influence of alcohol, a drug of abuse, or alcohol and a drug23065
of abuse;23066

       (vi) A statute of the United States or of any other state or23067
a municipal ordinance of a municipal corporation located in any23068
other state that is substantially similar to division (A) or (B)23069
of section 4511.19 of the Revised Codeor one or more other23070
equivalent offenses.23071

       (b) The person is arrested for a violation of division (A)23072
of section 4511.19 of the Revised Code or of a municipal OMVIOVI23073
ordinance and the person previously has been convicted of or23074
pleaded guilty to a violation of division (A) of section 4511.1923075
of the Revised Code under circumstances in which the violation was23076
a felony, regardless of when the prior felony violation of23077
division (A) of section 4511.19 of the Revised Code and the23078
conviction or guilty plea occurred.23079

       (2) Except as otherwise provided in division (B) of this23080
section, the officer making an arrest of the type described in23081
division (B)(1) of this section shall seize the vehicle and its23082
license plates regardless of whether the vehicle is registered in23083
the name of the person who was operating it or in the name of23084
another person or entity. This section does not apply to or23085
affect any rented or leased vehicle that is being rented or leased23086
for a period of thirty days or less, except that aA law23087
enforcement agency that employs a law enforcement officer who23088
makes an arrest of a type that is described in division (B)(1) of23089
this section and that involves a rented or leased vehicle of this23090
typethat is being rented or leased for a period of thirty days or23091
less shall notify, within twenty-four hours after the officer23092
makes the arrest, the lessor or owner of the vehicle regarding the23093
circumstances of the arrest and the location at which the vehicle23094
may be picked up. At the time of the seizure of the vehicle, the23095
law enforcement officer who made the arrest shall give the vehicle23096
operatorarrested person written notice that the vehicle and its23097
license plates have been seized; that the vehicle either will be23098
kept by the officer's law enforcement agency or will be23099
immobilized at least until the operator's initial appearance on23100
the charge of the offense for which the arrest was made; that, at23101
the initial appearance, the court in certain circumstances may23102
order that the vehicle and license plates be released to the23103
vehicle ownerarrested person until the disposition of that23104
charge; and that, if the vehicle operatorarrested person is23105
convicted of that charge, the court generally must order the23106
immobilization of the vehicle and the impoundment of its license23107
plates, or the forfeiture of the vehicle; and that, if the23108
operator is not the vehicle owner, the operator immediately should23109
inform the vehicle owner that the vehicle and its license plates23110
have been seized and that the vehicle owner may be able to obtain23111
their return or release at the initial appearance or thereafter.23112

       (3) The arresting officer or a law enforcement officer of23113
the agency that employs the arresting officer shall give written23114
notice of the seizure to the court that will conduct the initial23115
appearance of the vehicle operator. The notice shall be given23116
when the charges are filed against the vehicle operatorarrested23117
person on the charges arising out of the arrest. Upon receipt of23118
the notice, the court promptly shall determine whether the vehicle23119
operatorarrested person is the vehicle owner and whether there23120
are any liens recorded on the certificate of title to the vehicle.23121
If the court determines that the vehicle operatorarrested person23122
is not the vehicle owner, it promptly shall send by regular mail23123
written notice of the seizure of the motor vehicle to the vehicle23124
vehicle's registered owner and to all lienholders recorded on the23125
certificate of title. The written notice to the vehicle owner and23126
lienholders shall contain all of the information required by23127
division (B)(2) of this section to be in a notice to be given to23128
the vehicle operatorarrested person and also shall specify the23129
date, time, and place of the vehicle operator'sarrested person's23130
initial appearance. The notice also shall inform the vehicle23131
owner that if title to a motor vehicle that is subject to an order23132
for criminal forfeiture under this section is assigned or23133
transferred and division (C)(B)(2) or (3) of section 4503.234 of23134
the Revised Code applies, the court may fine the vehicle operator23135
arrested person the value of the vehicle. The notice to the23136
vehicle owner also shall state that if the vehicle is immobilized23137
under division (A) of section 4503.233 of the Revised Code, seven23138
days after the end of the period of immobilization a law23139
enforcement agency will send the vehicle owner a notice, informing23140
the vehicle owner that if the release of the vehicle is not23141
obtained in accordance with division (D)(3) of section 4503.233 of23142
the Revised Code, the vehicle shall be forfeited. The notice also23143
shall inform the vehicle owner that the vehicle owner may be23144
charged expenses or charges incurred under this section and23145
section 4503.233 of the Revised Code for the removal and storage23146
of the vehicle.23147

       The written notice that is given to the vehicle operator or23148
is sent or delivered to the vehicle owner if the vehicle owner is23149
not the vehicle operatorarrested person also shall state that if23150
the vehicle operator pleads guilty to orperson is convicted of or23151
pleads guilty to the offense for which the vehicle operator was23152
arrested and the court issues an immobilization and impoundment23153
order relative to that vehicle, division (D)(4) of section23154
4503.233 of the Revised Code prohibits the vehicle from being sold23155
during the period of immobilization without the prior approval of23156
the court.23157

       (4) At or before the initial appearance, the vehicle owner23158
may file a motion requesting the court to order that the vehicle23159
and its license plates be released to the vehicle owner. Except23160
as provided in this division and subject to the payment of23161
expenses or charges incurred in the removal and storage of the23162
vehicle, the court, in its discretion, then may issue an order23163
releasing the vehicle and its license plates to the vehicle owner.23164
Such an order may be conditioned upon such terms as the court23165
determines appropriate, including the posting of a bond in an23166
amount determined by the court. If the vehicle operatorarrested23167
person is not the vehicle owner and if the vehicle owner is not23168
present at the vehicle operator'sarrested person's initial23169
appearance, and if the court believes that the vehicle owner was23170
not provided with adequate notice of the initial appearance, the23171
court, in its discretion, may allow the vehicle owner to file a23172
motion within seven days of the initial appearance. If the court23173
allows the vehicle owner to file such a motion after the initial23174
appearance, the extension of time granted by the court does not23175
extend the time within which the initial appearance is to be23176
conducted. If the court issues an order for the release of the23177
vehicle and its license plates, a copy of the order shall be made23178
available to the vehicle owner. If the vehicle owner presents a23179
copy of the order to the law enforcement agency that employs the23180
law enforcement officer who arrested the arrested person who was23181
operating the vehicle, the law enforcement agency promptly shall23182
release the vehicle and its license plates to the vehicle owner23183
upon payment by the vehicle owner of any expenses or charges23184
incurred in the removal and storage of the vehicle.23185

       (5) A vehicle seized under division (B)(1) of this section23186
either shall be towed to a place specified by the law enforcement23187
agency that employs the arresting officer to be safely kept by the23188
agency at that place for the time and in the manner specified in23189
this section or shall be otherwise immobilized for the time and in23190
the manner specified in this section. A law enforcement officer23191
of that agency shall remove the identification license plates of23192
the vehicle, and they shall be safely kept by the agency for the23193
time and in the manner specified in this section. No vehicle that23194
is seized and either towed or immobilized pursuant to this23195
division shall be considered contraband for purposes of section23196
2933.41, 2933.42, or 2933.43 of the Revised Code. The vehicle23197
shall not be immobilized at any place other than a commercially23198
operated private storage lot, a place owned by a law enforcement23199
agency or other government agency, or a place to which one of the23200
following applies:23201

       (a) The place is leased by or otherwise under the control of23202
a law enforcement agency or other government agency.23203

       (b) The place is owned by the vehicle operator, the vehicle23204
operator's spouse, or a parent or child of the vehicle operator.23205

       (c) The place is owned by a private person or entity, and,23206
prior to the immobilization, the private entity or person that23207
owns the place, or the authorized agent of that private entity or23208
person, has given express written consent for the immobilization23209
to be carried out at that place.23210

       (d) The place is a street or highway on which the vehicle is23211
parked in accordance with the law.23212

       (C)(1) A vehicle that is seized under division (B) of this23213
section shall be safely kept at the place to which it is towed or23214
otherwise moved by the law enforcement agency that employs the23215
arresting officer until the initial appearance of the vehicle23216
operatorarrested person relative to the charge in question. The23217
license plates of the vehicle that are removed pursuant to23218
division (B) of this section shall be safely kept by the law23219
enforcement agency that employs the arresting officer until the23220
initial appearance of the vehicle operatorarrested person23221
relative to the charge in question.23222

       (2)(a) At the initial appearance or not less than seven days23223
prior to the date of final disposition, the court shall notify the23224
vehicle operator, if the vehicle operator is the vehicle owner,23225
arrested person that, if title to a motor vehicle that is subject23226
to an order for criminal forfeiture under this section is assigned23227
or transferred and division (C)(B)(2) or (3) of section 4503.23423228
of the Revised Code applies, the court may fine the vehicle23229
operatorarrested person the value of the vehicle. If, at the23230
initial appearance, the vehicle operatorarrested person pleads23231
guilty to the violation of division (A) of section 4511.19 of the23232
Revised Code or of the municipal OMVIOVI ordinance or pleads no23233
contest to and is convicted of the violation, the court shall23234
impose sentence upon the vehicle operatorperson as provided by23235
law or ordinance; the court, except as provided in this division23236
and subject to section 4503.235 of the Revised Code, shall order23237
the immobilization of the vehicle the arrested person was23238
operating at the time of the offense if registered in the arrested23239
person's name and the impoundment of its license plates under23240
section 4503.233 and section 4511.19or 4511.193 or 4511.99 of the23241
Revised Code, or the criminal forfeiture to the state of the23242
vehicle if registered in the arrested person's name under section23243
4503.234 and section 4511.19or 4511.193 or 4511.99 of the Revised23244
Code, whichever is applicable; and the vehicle and its license23245
plates shall not be returned or released to the vehicle owner. If23246
the vehicle operator is not the vehicle owner and the vehicle23247
owner is not present at the vehicle operator's initial appearance23248
and if the court believes that the vehicle owner was not provided23249
adequate notice of the initial appearance, the court, in its23250
discretion, may refrain for a period of time not exceeding seven23251
days from ordering the immobilization of the vehicle and the23252
impoundment of its license plates, or the criminal forfeiture of23253
the vehicle so that the vehicle owner may appear before the court23254
to present evidence as to why the court should not order the23255
immobilization of the vehicle and the impoundment of its license23256
plates, or the criminal forfeiture of the vehicle. If the court23257
refrains from ordering the immobilization of the vehicle and the23258
impoundment of its license plates, or the criminal forfeiture of23259
the vehicle, section 4503.235 of the Revised Code applies relative23260
to the order of immobilization and impoundment, or the order of23261
forfeiturearrested person.23262

       (b) If, at any time, the charge that the vehicle operator23263
arrested person violated division (A) of section 4511.19 of the23264
Revised Code or the municipal OMVIOVI ordinance is dismissed for23265
any reason, the court shall order that the vehicle seized at the23266
time of the arrest and its license plates immediately be released23267
to the vehicle owner subject to the payment of expenses or charges23268
incurred in the removal and storage of the vehicleperson.23269

       (D) If a vehicle isand its license plates are seized under23270
division (B) of this section and isare not returned or released23271
to the vehicle ownerarrested person pursuant to division (C) of23272
this section, the vehicle orand its license plates shall be23273
retained until the final disposition of the charge in question.23274
Upon the final disposition of that charge, the court shall do23275
whichever of the following is applicable:23276

       (1) If the vehicle operatorarrested person is convicted of23277
or pleads guilty to the violation of division (A) of section23278
4511.19 of the Revised Code or of the municipal OMVIOVI23279
ordinance, the court shall impose sentence upon the vehicle23280
operatorperson as provided by law or ordinance and, subject to23281
section 4503.235 of the Revised Code, shall order the23282
immobilization of the vehicle the vehicle operatorperson was23283
operating at the time of, or that was involved in, the offense if23284
it is registered in the arrested person's name and the impoundment23285
of its license plates under section 4503.233 and section 4511.1923286
or 4511.193 or 4511.99 of the Revised Code, or the criminal23287
forfeiture of the vehicle if it is registered in the arrested23288
person's name under section 4503.234 and section 4511.19or23289
4511.193 or 4511.99 of the Revised Code, whichever is applicable.23290

       (2) If the vehicle operatorarrested person is found not23291
guilty of the violation of division (A) of section 4511.19 of the23292
Revised Code or of the municipal OMVIOVI ordinance, the court23293
shall order that the vehicle and its license plates immediately be23294
released to the vehicle owner upon the payment of any expenses or23295
charges incurred in its removal and storagearrested person.23296

       (3) If the charge that the vehicle operatorarrested person23297
violated division (A) of section 4511.19 of the Revised Code or23298
the municipal OMVIOVI ordinance is dismissed for any reason, the23299
court shall order that the vehicle and its license plates23300
immediately be released to the vehicle owner upon the payment of23301
any expenses or charges incurred in its removal and storage23302
arrested person.23303

       (4)If the impoundment of the vehicle was not authorized23304
under this section, the court shall order that the vehicle and its23305
license plates be returned immediately to the arrested person or,23306
if the arrested person is not the vehicle owner, to the vehicle23307
owner, and shall order that the state or political subdivision of23308
the law enforcement agency served by the law enforcement officer23309
who seized the vehicle pay all expenses and charges incurred in23310
its removal and storage.23311

       (E) If a vehicle is seized under division (B) of this23312
section, the time between the seizure of the vehicle and either23313
its release to the vehicle ownerarrested person under division23314
(C) of this section or the issuance of an order of immobilization23315
of the vehicle under section 4503.233 of the Revised Code shall be23316
credited against the period of immobilization ordered by the23317
court.23318

       (F)(1) The vehicle ownerExcept as provided in division23319
(D)(4) of this section, the arrested person may be charged23320
expenses or charges incurred in the removal and storage of the23321
immobilized vehicle. The court with jurisdiction over the case,23322
after notice to all interested parties, including lienholders, and23323
after an opportunity for them to be heard, if the vehicle owner23324
fails to appear in person, without good cause, or if the court23325
finds that the vehicle ownerarrested person does not intend to23326
seek release of the vehicle at the end of the period of23327
immobilization under section 4503.233 of the Revised Code or that23328
the vehicle ownerarrested person is not or will not be able to23329
pay the expenses and charges incurred in its removal and storage,23330
may order that title to the vehicle be transferred, in order of23331
priority, first into the name of the person or entity that removed23332
it, next into the name of a lienholder, or lastly into the name of23333
the owner of the place of storage.23334

       Any lienholder that receives title under a court order shall23335
do so on the condition that it pay any expenses or charges23336
incurred in the vehicle's removal and storage. If the person or23337
entity that receives title to the vehicle is the person or entity23338
that removed it, the person or entity shall receive title on the23339
condition that it pay any lien on the vehicle. The court shall23340
not order that title be transferred to any person or entity other23341
than the owner of the place of storage if the person or entity23342
refuses to receive the title. Any person or entity that receives23343
title either may keep title to the vehicle or may dispose of the23344
vehicle in any legal manner that it considers appropriate,23345
including assignment of the certificate of title to the motor23346
vehicle to a salvage dealer or a scrap metal processing facility.23347
The person or entity shall not transfer the vehicle to the person23348
who is the vehicle's immediate previous owner.23349

       If the person or entity that receives title assigns the motor23350
vehicle to a salvage dealer or scrap metal processing facility,23351
the person or entity shall send the assigned certificate of title23352
to the motor vehicle to the clerk of the court of common pleas of23353
the county in which the salvage dealer or scrap metal processing23354
facility is located. The person or entity shall mark the face of23355
the certificate of title with the words "for destructionFOR23356
DESTRUCTION" and shall deliver a photocopy of the certificate of23357
title to the salvage dealer or scrap metal processing facility for23358
its records.23359

       (2) Whenever a court issues an order under division (F)(1)23360
of this section, the court also shall order removal of the license23361
plates from the vehicle and cause them to be sent to the registrar23362
of motor vehicles if they have not already been sent to the23363
registrar. Thereafter, no further proceedings shall take place23364
under this section or under section 4503.233 of the Revised Code.23365

       (3) Prior to initiating a proceeding under division (F)(1)23366
of this section, and upon payment of the fee under division (B) of23367
section 4505.14 of the Revised Code, any interested party may23368
cause a search to be made of the public records of the bureau of23369
motor vehicles or the clerk of the court of common pleas, to23370
ascertain the identity of any lienholder of the vehicle. The23371
initiating party shall furnish this information to the clerk of23372
the court with jurisdiction over the case, and the clerk shall23373
provide notice to the vehicle owner, the defendantarrested23374
person, any lienholder, and any other interested parties listed by23375
the initiating party, at the last known address supplied by the23376
initiating party, by certified mail or, at the option of the23377
initiating party, by personal service or ordinary mail.23378

       Sec. 4511.196.  (A) If a person is arrested for being in23379
physical control of a vehicle, streetcar, or trackless trolley in23380
violation of section 4511.194 of the Revised Code, or for23381
operating a vehicle while under the influence of alcohol, a drug23382
of abuse, or alcohol and a drug of abuse or for operating a23383
vehicle with a prohibited concentration of alcohol in the blood,23384
breath, or urine and, streetcar, or trackless trolley in violation23385
of division (A) or (B) of section 4511.19 of the Revised Code or a23386
municipal OVI ordinance, regardless of whether the person's23387
driver's or commercial driver's license or permit or nonresident23388
operating privilege is or is not suspended under division (E) or23389
(F) of section 4511.191 of the Revised Code, the person's initial23390
appearance on the charge resulting from the arrest shall be held23391
within five days of the person's arrest or the issuance of the23392
citation to the person.23393

       (B)(1) If a person is arrested as described in division (A)23394
of this section, if the person's driver's or commercial driver's23395
license or permit or nonresident operating privilege has been23396
suspended under division (E) or (F) of section 4511.191 of the23397
Revised Code in relation to that arrest, if the person appeals the23398
suspension in accordance with division (H)(1) of that section23399
4511.197of the Revised Code, and if the judge, magistrate, or23400
mayor terminates the suspension in accordance with division (H)(2)23401
of that section, the judge, magistrate, or mayor,at any time23402
prior to adjudication on the merits of the charge resulting from23403
the arrest, may impose a new suspension of the person's license,23404
permit, or nonresident operating privilege, notwithstanding the23405
termination of the suspension imposed under division (E) or (F) of23406
section 4511.191 of the Revised Code, if the judge, magistrate, or23407
mayor determines that the person's continued driving will be a23408
threat to public safety.23409

       (2) If a person is arrested as described in division (A) of23410
this section and if the person's driver's or commercial driver's23411
license or permit or nonresident operating privilege has not been23412
suspended under division (E) or (F) of section 4511.191 of the23413
Revised Code in relation to that arrest, the judge, magistrate, or23414
mayor,at any time prior to the adjudication on the merits of the23415
charge resulting from the arrest, may impose a suspension of the23416
person's license, permit, or nonresident operating privilege if23417
the judge, magistrate, or mayor determines that the person's23418
continued driving will be a threat to public safety.23419

       (C) A suspension of a person's driver's or commercial23420
driver's license or permit or nonresident operating privilege23421
under division (B)(1) or (2) of this section shall continue until23422
the complaint on the charge resulting from the arrest is23423
adjudicated on the merits. A court that imposes a suspension23424
under division (B)(2) of this section shall send the person's23425
driver's license or permit to the registrar of motor vehicles. If23426
the court possesses the driver's or commercial driver's license or23427
permit of a person in the category described in division (B)(2) of23428
this section and the court does not impose a suspension under that23429
division (B)(2) of this section, the court shall return the23430
license or permit to the person if the license or permit has not23431
otherwise been suspended or revokedcancelled.23432

       Any time during which the person serves a suspension of the23433
person's driver's or commercial driver's license or, permit, or23434
nonresident operating privilege that is imposed pursuant to23435
division (B)(1) or (2) of this section shall be credited against23436
any period of judicial suspension of the person's license, permit,23437
or nonresident operating privilege that is imposed pursuant to23438
under division (B)(G) of section 4507.164511.19 of the Revised23439
Code or under section 4510.07 of the Revised Code for a violation23440
of a municipal ordinance substantially equivalent to division (A)23441
of section 4511.19 of the Revised Code.23442

       (D) If a person is arrested and charged with a violation of23443
section 2903.08 of the Revised Code or a violation of section23444
2903.06 of the Revised Code that is a felony offense, the judge at23445
the person's initial appearance, preliminary hearing, or23446
arraignment may suspend the person's driver's or commercial23447
driver's license or permit or nonresident operating privilege if23448
the judge determines at any of those proceedings that the person's23449
continued driving will be a threat to public safety.23450

       TheA suspension that may be imposed pursuant tounder this23451
division shall continue until the indictment or information23452
alleging the violation specified in this division is adjudicated23453
on the merits. A court that imposes a suspension under this23454
division shall send the person's driver's or commercial driver's23455
license or permit to the registrar.23456

       Sec. 4511.197.  (A) If a person is arrested for operating a23457
vehicle, streetcar, or trackless trolley in violation of division23458
(A) or (B) of section 4511.19 of the Revised Code or a municipal23459
OVI ordinance or for being in physical control of a vehicle,23460
streetcar, or trackless trolley in violation of section 4511.19423461
of the Revised Code and if the person's driver's or commercial23462
driver's license or permit or nonresident operating privilege is23463
suspended under section 4511.191 of the Revised Code, the person23464
may appeal the suspension at the person's initial appearance on23465
the charge resulting from the arrest or within the period ending23466
thirty days after the person's initial appearance on that charge,23467
in the court in which the person will appear on that charge. If23468
the person appeals the suspension, the appeal itself does not stay23469
the operation of the suspension. If the person appeals the23470
suspension, either the person or the registrar of motor vehicles23471
may request a continuance of the appeal and the court may grant23472
the continuance. The court also may continue the appeal on its23473
own motion. Neither the request for, nor the granting of, a23474
continuance stays the suspension that is the subject of the23475
appeal, unless the court specifically grants a stay.23476

       (B) A person shall file an appeal under division (A) of this23477
section in the municipal court, county court, juvenile court,23478
mayor's court, or court of common pleas that has jurisdiction over23479
the charge in relation to which the person was arrested.23480

       (C) If a person appeals a suspension under division (A) of23481
this section, the scope of the appeal is limited to determining23482
whether one or more of the following conditions have not been met:23483

       (1) Whether the arresting law enforcement officer had23484
reasonable ground to believe the arrested person was operating a23485
vehicle, streetcar, or trackless trolley in violation of division23486
(A) or (B) of section 4511.19 of the Revised Code or a municipal23487
OVI ordinance or was in physical control of a vehicle, streetcar,23488
or trackless trolley in violation of section 4511.194 of the23489
Revised Code and whether the arrested person was in fact placed23490
under arrest;23491

       (2) Whether the law enforcement officer requested the23492
arrested person to submit to the chemical test or tests designated23493
pursuant to division (A) of section 4511.191 of the Revised Code;23494

       (3) Whether the arresting officer informed the arrested23495
person of the consequences of refusing to be tested or of23496
submitting to the test or tests;23497

       (4) Whichever of the following is applicable:23498

       (a) Whether the arrested person refused to submit to the23499
chemical test or tests requested by the officer;23500

       (b) Whether the arrest was for a violation of division (A)23501
or (B) of section 4511.19 of the Revised Code or a municipal OVI23502
ordinance and, if it was, whether the chemical test results23503
indicate that the arrested person's whole blood contained a23504
concentration of ten-hundredths of one per cent or more by weight23505
of alcohol, the person's blood serum or plasma contained a23506
concentration of twelve-hundredths of one per cent or more by23507
weight of alcohol, the person's breath contained a concentration23508
of ten-hundredths of one gram or more by weight of alcohol per two23509
hundred ten liters of the person's breath, or the person's urine23510
contained a concentration of fourteen-hundredths of one gram or23511
more by weight of alcohol per one hundred milliliters of the23512
person's urine at the time of the alleged offense.23513

       (D) A person who appeals a suspension under division (A) of23514
this section has the burden of proving, by a preponderance of the23515
evidence, that one or more of the conditions specified in division23516
(C) of this section has not been met. If, during the appeal, the23517
judge or magistrate of the court or the mayor of the mayor's court23518
determines that all of those conditions have been met, the judge,23519
magistrate, or mayor shall uphold the suspension, continue the23520
suspension, and notify the registrar of motor vehicles of the23521
decision on a form approved by the registrar. 23522

       Except as otherwise provided in this section, if a suspension23523
imposed under section 4511.191 of the Revised Code is upheld on23524
appeal or if the subject person does not appeal the suspension23525
under division (A) of this section, the suspension shall continue23526
until the complaint alleging the violation for which the person23527
was arrested and in relation to which the suspension was imposed23528
is adjudicated on the merits or terminated pursuant to law. If23529
the suspension was imposed under division (B)(1) of section23530
4511.191 of the Revised Code and it is continued under this23531
section, any subsequent finding that the person is not guilty of23532
the charge that resulted in the person being requested to take the23533
chemical test or tests under division (A) of section 4511.191 of23534
the Revised Code does not terminate or otherwise affect the23535
suspension. If the suspension was imposed under division (C) of23536
section 4511.191 of the Revised Code in relation to an alleged23537
misdemeanor violation of division (A) or (B) of section 4511.19 of23538
the Revised Code or of a municipal OVI ordinance and it is23539
continued under this section, the suspension shall terminate if,23540
for any reason, the person subsequently is found not guilty of the23541
charge that resulted in the person taking the chemical test or23542
tests.23543

       If, during the appeal, the judge or magistrate of the trial23544
court or the mayor of the mayor's court determines that one or23545
more of the conditions specified in division (C) of this section23546
have not been met, the judge, magistrate, or mayor shall terminate23547
the suspension, subject to the imposition of a new suspension23548
under division (B) of section 4511.196 of the Revised Code; shall23549
notify the registrar of motor vehicles of the decision on a form23550
approved by the registrar; and, except as provided in division (B)23551
of section 4511.196 of the Revised Code, shall order the registrar23552
to return the driver's or commercial driver's license or permit to23553
the person or to take any other measures that may be necessary, if23554
the license or permit was destroyed under section 4510.53 of the23555
Revised Code, to permit the person to obtain a replacement23556
driver's or commercial driver's license or permit from the23557
registrar or a deputy registrar in accordance with that section.23558
The court also shall issue to the person a court order, valid for23559
not more than ten days from the date of issuance, granting the23560
person operating privileges for that period.23561

       (E) Any person whose driver's or commercial driver's license23562
or permit or nonresident operating privilege has been suspended23563
pursuant to section 4511.191 of the Revised Code may file a23564
petition requesting limited driving privileges in the common pleas23565
court, municipal court, county court, mayor's court, or juvenile23566
court with jurisdiction over the related criminal or delinquency23567
case. The petition may be filed at any time subsequent to the23568
date on which the arresting law enforcement officer serves the23569
notice of suspension upon the arrested person but no later than23570
thirty days after the arrested person's initial appearance or23571
arraignment. Upon the making of the request, limited driving23572
privileges may be granted under sections 4510.021 and 4510.13 of23573
the Revised Code, regardless of whether the person appeals the23574
suspension under this section or appeals the decision of the court23575
on the appeal, and, if the person has so appealed the suspension23576
or decision, regardless of whether the matter has been heard or23577
decided by the court. The person shall pay the costs of the23578
proceeding, notify the registrar of the filing of the petition,23579
and send the registrar a copy of the petition.23580

       The court may not grant the person limited driving privileges23581
when prohibited by section 4510.13 or 4511.191 of the Revised23582
Code.23583

       (F) Any person whose driver's or commercial driver's license23584
or permit has been suspended under section 4511.19 of the Revised23585
Code or under section 4510.07 of the Revised Code for a conviction23586
of a municipal OVI offense and who desires to retain the license23587
or permit during the pendency of an appeal, at the time sentence23588
is pronounced, shall notify the court of record or mayor's court23589
that suspended the license or permit of the person's intention to23590
appeal. If the person so notifies the court, the court, mayor, or23591
clerk of the court shall retain the license or permit until the23592
appeal is perfected, and, if execution of sentence is stayed, the23593
license or permit shall be returned to the person to be held by23594
the person during the pendency of the appeal. If the appeal is23595
not perfected or is dismissed or terminated in an affirmance of23596
the conviction, then the license or permit shall be taken up by23597
the court, mayor, or clerk, at the time of putting the sentence23598
into execution, and the court shall proceed in the same manner as23599
if no appeal was taken.23600

       (G) Except as otherwise provided in this division, if a23601
person whose driver's or commercial driver's license or permit or23602
nonresident operating privilege was suspended under section23603
4511.191 of the Revised Code appeals the suspension under division23604
(A) of this section, the prosecuting attorney of the county in23605
which the arrest occurred shall represent the registrar of motor23606
vehicles in the appeal. If the arrest occurred within a municipal23607
corporation within the jurisdiction of the court in which the23608
appeal is conducted, the city director of law, village solicitor,23609
or other chief legal officer of that municipal corporation shall23610
represent the registrar. If the appeal is conducted in a23611
municipal court, the registrar shall be represented as provided in23612
section 1901.34 of the Revised Code. If the appeal is conducted23613
in a mayor's court, the city director of law, village solicitor,23614
or other chief legal officer of the municipal corporation that23615
operates that mayor's court shall represent the registrar. 23616

       (H) The court shall give information in writing of any23617
action taken under this section to the registrar of motor23618
vehicles.23619

       (I) When it finally has been determined under the procedures23620
of this section that a nonresident's privilege to operate a23621
vehicle within this state has been suspended, the registrar of23622
motor vehicles shall give information in writing of the action23623
taken to the motor vehicle administrator of the state of the23624
nonresident's residence and of any state in which the nonresident23625
has a license.23626

       Sec. 4511.20. (A) No person shall operate a vehicle,23627
trackless trolley, or streetcar on any street or highway in23628
willful or wanton disregard of the safety of persons or property.23629

       (B)Except as otherwise provided in this division, whoever23630
violates this section is guilty of a minor misdemeanor. If,23631
within one year of the offense, the offender previously has been23632
convicted of or pleaded guilty to one predicate motor vehicle or23633
traffic offense, whoever violates this section is guilty of a23634
misdemeanor of the fourth degree. If, within one year of the23635
offense, the offender previously has been convicted of two or more23636
predicate motor vehicle or traffic offenses, whoever violates this23637
section is guilty of a misdemeanor of the third degree.23638

       Sec. 4511.201. (A) No person shall operate a vehicle,23639
trackless trolley, or streetcar on any public or private property23640
other than streets or highways, in willful or wanton disregard of23641
the safety of persons or property.23642

       This section does not apply to the competitive operation of23643
vehicles on public or private property when the owner of such23644
property knowingly permits such operation thereon.23645

       (B)Except as otherwise provided in this division, whoever23646
violates this section is guilty of a minor misdemeanor. If,23647
within one year of the offense, the offender previously has been23648
convicted of or pleaded guilty to one predicate motor vehicle or23649
traffic offense, whoever violates this section is guilty of a23650
misdemeanor of the fourth degree. If, within one year of the23651
offense, the offender previously has been convicted of two or more23652
predicate motor vehicle or traffic offenses, whoever violates this23653
section is guilty of a misdemeanor of the third degree.23654

       Sec. 4511.202. (A) No person shall operate a motor vehicle,23655
trackless trolley, or streetcar on any street, highway, or23656
property open to the public for vehicular traffic without being in23657
reasonable control of the vehicle, trolley, or streetcar.23658

       (B)Whoever violates this section is guilty of operating a23659
motor vehicle without being in control of it, a minor misdemeanor.23660

       Sec. 4507.33.        Sec. 4511.203. (A) No person shall authorize or23661
knowingly permit a motor vehicle owned by himthe person or under23662
histhe person's control to be driven by any personanother if23663
eitherany of the following appliesapply:23664

       (A)(1) The offender knows or has reasonable cause to believe23665
should know that the other person has no legal right to drive the23666
motor vehicle;does not have a valid driver's or commercial23667
driver's license or permit or valid nonresident driving privileges23668
or that the license, permit, or privileges have been suspended or23669
canceled under Chapter 4510. or any other provision of the Revised23670
Code.23671

       (B)(2) The offender knows or has reasonable cause to believe23672
should know that the other person's act of driving the motor23673
vehicle would violate any prohibition contained in sections23674
4507.01 to 4507.39Chapter4509. of the Revised Code.23675

       (3)The offender knows or should know that the other person's23676
act of driving would violate section 4511.19 of the Revised Code23677
or any substantially equivalent municipal ordinance.23678

       (B) It shall be prima-facie evidence that the offender knows23679
or should know that the operator of the motor vehicle owned by the23680
offender or under the offender's control is in a category23681
described in division (A)(1), (2), or (3) of this section if23682
either of the following applies:23683

       (1) The offender and the operator of the motor vehicle23684
occupied the motor vehicle together at the time of the offense.23685

       (2) The offender and the operator of the motor vehicle23686
reside in the same household.23687

       (C) Whoever violates this section is guilty of wrongful23688
entrustment of a motor vehicle, a misdemeanor of the first degree.23689
In addition to the penalties imposed under Chapter 2929. of the23690
Revised Code, the court shall impose a class seven suspension of23691
the offender's driver's license, commercial driver's license,23692
temporary instruction permit, probationary license, or nonresident23693
operating privilege from the range specified in division (A)(7) of23694
section 4510.02 of the Revised Code, and, if the vehicle involved23695
in the offense is registered in the name of the offender, the23696
court shall order one of the following:23697

       (1) Except as otherwise provided in division (C)(2) or (3)23698
of this section, the court shall order, for thirty days, the23699
immobilization of the vehicle involved in the offense and the23700
impoundment of that vehicle's license plates. The order shall be23701
issued and enforced under section 4503.233 of the Revised Code.23702

       (2) If the offender previously has been convicted of or23703
pleaded guilty to one violation of this section or a substantially23704
equivalent municipal ordinance, the court shall order, for sixty23705
days, the immobilization of the vehicle involved in the offense23706
and the impoundment of that vehicle's license plates. The order23707
shall be issued and enforced under section 4503.233 of the Revised23708
Code.23709

       (3) If the offender previously has been convicted of or23710
pleaded guilty to two or more violations of this section or a23711
substantially equivalent municipal ordinance, the court shall23712
order the criminal forfeiture to the state of the vehicle involved23713
in the offense. The order shall be issued and enforced under23714
section 4503.234 of the Revised Code.23715

       If title to a motor vehicle that is subject to an order for23716
criminal forfeiture under this division is assigned or transferred23717
and division (B)(2) or (3) of section 4503.234 of the Revised Code23718
applies, in addition to or independent of any other penalty23719
established by law, the court may fine the offender the value of23720
the vehicle as determined by publications of the national auto23721
dealer's association. The proceeds from any fine imposed under23722
this division shall be distributed in accordance with division23723
(C)(2) of section 4503.234 of the Revised Code.23724

       (D) If a court orders the immobilization of a vehicle under23725
division (C) of this section, the court shall not release the23726
vehicle from the immobilization before the termination of the23727
period of immobilization ordered unless the court is presented23728
with current proof of financial responsibility with respect to23729
that vehicle.23730

       (E) If a court orders the criminal forfeiture of a vehicle23731
under division (C) of this section, upon receipt of the order from23732
the court, neither the registrar of motor vehicles nor any deputy23733
registrar shall accept any application for the registration or23734
transfer of registration of any motor vehicle owned or leased by23735
the person named in the order. The period of denial shall be five23736
years after the date the order is issued, unless, during that23737
five-year period, the court with jurisdiction of the offense that23738
resulted in the order terminates the forfeiture and notifies the23739
registrar of the termination. If the court terminates the23740
forfeiture and notifies the registrar, the registrar shall take23741
all necessary measures to permit the person to register a vehicle23742
owned or leased by the person or to transfer the registration of23743
the vehicle.23744

       (F) This section does not apply to motor vehicle rental23745
dealers or motor vehicle leasing dealers, as defined in section23746
4549.65 of the Revised Code.23747

       (G) As used in this section, a vehicle is owned by a person23748
if, at the time of a violation of this section, the vehicle is23749
registered in the person's name.23750

       Sec. 4511.21.  (A) No person shall operate a motor vehicle,23751
trackless trolley, or streetcar at a speed greater or less than is23752
reasonable or proper, having due regard to the traffic, surface,23753
and width of the street or highway and any other conditions, and23754
no person shall drive any motor vehicle, trackless trolley, or23755
streetcar in and upon any street or highway at a greater speed23756
than will permit the person to bring it to a stop within the23757
assured clear distance ahead.23758

       (B) It is prima-facie lawful, in the absence of a lower23759
limit declared pursuant to this section by the director of23760
transportation or local authorities, for the operator of a motor23761
vehicle, trackless trolley, or streetcar to operate the same at a23762
speed not exceeding the following:23763

       (1)(a) Twenty miles per hour in school zones during school23764
recess and while children are going to or leaving school during23765
the opening or closing hours, and when twenty miles per hour23766
school speed limit signs are erected; except that, on23767
controlled-access highways and expressways, if the right-of-way23768
line fence has been erected without pedestrian opening, the speed23769
shall be governed by division (B)(4) of this section and on23770
freeways, if the right-of-way line fence has been erected without23771
pedestrian opening, the speed shall be governed by divisions23772
(B)(8) and (9) of this section. The end of every school zone may23773
be marked by a sign indicating the end of the zone. Nothing in23774
this section or in the manual and specifications for a uniform23775
system of traffic control devices shall be construed to require23776
school zones to be indicated by signs equipped with flashing or23777
other lights, or giving other special notice of the hours in which23778
the school zone speed limit is in effect.23779

       (b) As used in this section and in section 4511.212 of the23780
Revised Code, "school" means any school chartered under section23781
3301.16 of the Revised Code and any nonchartered school that23782
during the preceding year filed with the department of education23783
in compliance with rule 3301-35-08 of the Ohio Administrative23784
Code, a copy of the school's report for the parents of the23785
school's pupils certifying that the school meets Ohio minimum23786
standards for nonchartered, nontax-supported schools and presents23787
evidence of this filing to the jurisdiction from which it is23788
requesting the establishment of a school zone.23789

       (c) As used in this section, "school zone" means that23790
portion of a street or highway passing a school fronting upon the23791
street or highway that is encompassed by projecting the school23792
property lines to the fronting street or highway, and also23793
includes that portion of a state highway. Upon request from local23794
authorities for streets and highways under their jurisdiction and23795
that portion of a state highway under the jurisdiction of the23796
director of transportation, the director may extend the23797
traditional school zone boundaries. The distances in divisions23798
(B)(1)(c)(i), (ii), and (iii) of this section shall not exceed23799
three hundred feet per approach per direction and are bounded by23800
whichever of the following distances or combinations thereof the23801
director approves as most appropriate:23802

       (i) The distance encompassed by projecting the school23803
building lines normal to the fronting highway and extending a23804
distance of three hundred feet on each approach direction;23805

       (ii) The distance encompassed by projecting the school23806
property lines intersecting the fronting highway and extending a23807
distance of three hundred feet on each approach direction;23808

       (iii) The distance encompassed by the special marking of the23809
pavement for a principal school pupil crosswalk plus a distance of23810
three hundred feet on each approach direction of the highway.23811

       Nothing in this section shall be construed to invalidate the23812
director's initial action on August 9, 1976, establishing all23813
school zones at the traditional school zone boundaries defined by23814
projecting school property lines, except when those boundaries are23815
extended as provided in divisions (B)(1)(a) and (c) of this23816
section.23817

       (d) As used in this division, "crosswalk" has the meaning23818
given that term in division (LL)(2) of section 4511.01 of the23819
Revised Code.23820

       The director may, upon request by resolution of the23821
legislative authority of a municipal corporation, the board of23822
trustees of a township, or a county board of mental retardation23823
and developmental disabilities created pursuant to Chapter 5126.23824
of the Revised Code, and upon submission by the municipal23825
corporation, township, or county board of such engineering,23826
traffic, and other information as the director considers23827
necessary, designate a school zone on any portion of a state route23828
lying within the municipal corporation, lying within the23829
unincorporated territory of the township, or lying adjacent to the23830
property of a school that is operated by such county board, that23831
includes a crosswalk customarily used by children going to or23832
leaving a school during recess and opening and closing hours,23833
whenever the distance, as measured in a straight line, from the23834
school property line nearest the crosswalk to the nearest point of23835
the crosswalk is no more than one thousand three hundred twenty23836
feet. Such a school zone shall include the distance encompassed23837
by the crosswalk and extending three hundred feet on each approach23838
direction of the state route.23839

       (2) Twenty-five miles per hour in all other portions of a23840
municipal corporation, except on state routes outside business23841
districts, through highways outside business districts, and23842
alleys;23843

       (3) Thirty-five miles per hour on all state routes or23844
through highways within municipal corporations outside business23845
districts, except as provided in divisions (B)(4) and (6) of this23846
section;23847

       (4) Fifty miles per hour on controlled-access highways and23848
expressways within municipal corporations;23849

       (5) Fifty-five miles per hour on highways outside of23850
municipal corporations, other than freeways as provided in23851
division (B)(12) of this section;23852

       (6) Fifty miles per hour on state routes within municipal23853
corporations outside urban districts unless a lower prima-facie23854
speed is established as further provided in this section;23855

       (7) Fifteen miles per hour on all alleys within the23856
municipal corporation;23857

       (8) Fifty-five miles per hour at all times on freeways with23858
paved shoulders inside municipal corporations, other than freeways23859
as provided in division (B)(12) of this section;23860

       (9) Fifty-five miles per hour at all times on freeways23861
outside municipal corporations, other than freeways as provided in23862
division (B)(12) of this section;23863

       (10) Fifty-five miles per hour at all times on all portions23864
of freeways that are part of the interstate system and on all23865
portions of freeways that are not part of the interstate system,23866
but are built to the standards and specifications that are23867
applicable to freeways that are part of the interstate system for23868
operators of any motor vehicle weighing in excess of eight23869
thousand pounds empty weight and any noncommercial bus;23870

       (11) Fifty-five miles per hour for operators of any motor23871
vehicle weighing eight thousand pounds or less empty weight and23872
any commercial bus at all times on all portions of freeways that23873
are part of the interstate system and that had such a speed limit23874
established prior to October 1, 1995, and freeways that are not23875
part of the interstate system, but are built to the standards and23876
specifications that are applicable to freeways that are part of23877
the interstate system and that had such a speed limit established23878
prior to October 1, 1995, unless a higher speed limit is23879
established under division (L) of this section;23880

       (12) Sixty-five miles per hour for operators of any motor23881
vehicle weighing eight thousand pounds or less empty weight and23882
any commercial bus at all times on all portions of the following:23883

       (a) Freeways that are part of the interstate system and that23884
had such a speed limit established prior to October 1, 1995, and23885
freeways that are not part of the interstate system, but are built23886
to the standards and specifications that are applicable to23887
freeways that are part of the interstate system and that had such23888
a speed limit established prior to October 1, 1995;23889

       (b) Freeways that are part of the interstate system and23890
freeways that are not part of the interstate system but are built23891
to the standards and specifications that are applicable to23892
freeways that are part of the interstate system, and that had such23893
a speed limit established under division (L) of this section;23894

       (c) Rural, divided, multi-lane highways that are designated23895
as part of the national highway system under the "National Highway23896
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,23897
and that had such a speed limit established under division (M) of23898
this section.23899

       (C) It is prima-facie unlawful for any person to exceed any23900
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),23901
(6), and (7) of this section, or any declared pursuant to this23902
section by the director or local authorities and it is unlawful23903
for any person to exceed any of the speed limitations in division23904
(D) of this section. No person shall be convicted of more than23905
one violation of this section for the same conduct, although23906
violations of more than one provision of this section may be23907
charged in the alternative in a single affidavit.23908

       (D) No person shall operate a motor vehicle, trackless23909
trolley, or streetcar upon a street or highway as follows:23910

       (1) At a speed exceeding fifty-five miles per hour, except23911
upon a freeway as provided in division (B)(12) of this section;23912

       (2) At a speed exceeding sixty-five miles per hour upon a23913
freeway as provided in division (B)(12) of this section except as23914
otherwise provided in division (D)(3) of this section;23915

       (3) If a motor vehicle weighing in excess of eight thousand23916
pounds empty weight or a noncommercial bus as prescribed in23917
division (B)(10) of this section, at a speed exceeding fifty-five23918
miles per hour upon a freeway as provided in that division;23919

       (4) At a speed exceeding the posted speed limit upon a23920
freeway for which the director has determined and declared a speed23921
limit of not more than sixty-five miles per hour pursuant to23922
division (L)(2) or (M) of this section;23923

       (5) At a speed exceeding sixty-five miles per hour upon a23924
freeway for which such a speed limit has been established through23925
the operation of division (L)(3) of this section;23926

       (6) At a speed exceeding the posted speed limit upon a23927
freeway for which the director has determined and declared a speed23928
limit pursuant to division (I)(2) of this section.23929

       (E) In every charge of violation of this section the23930
affidavit and warrant shall specify the time, place, and speed at23931
which the defendant is alleged to have driven, and in charges made23932
in reliance upon division (C) of this section also the speed which23933
division (B)(1)(a), (2), (3), (4), (6), or (7) of, or a limit23934
declared pursuant to, this section declares is prima-facie lawful23935
at the time and place of such alleged violation, except that in23936
affidavits where a person is alleged to have driven at a greater23937
speed than will permit the person to bring the vehicle to a stop23938
within the assured clear distance ahead the affidavit and warrant23939
need not specify the speed at which the defendant is alleged to23940
have driven.23941

       (F) When a speed in excess of both a prima-facie limitation23942
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of23943
this section is alleged, the defendant shall be charged in a23944
single affidavit, alleging a single act, with a violation23945
indicated of both division (B)(1)(a), (2), (3), (4), (6), or (7)23946
of this section, or of a limit declared pursuant to this section23947
by the director or local authorities, and of the limitation in23948
division (D)(1), (2), (3), (4), (5), or (6) of this section. If23949
the court finds a violation of division (B)(1)(a), (2), (3), (4),23950
(6), or (7) of, or a limit declared pursuant to, this section has23951
occurred, it shall enter a judgment of conviction under such23952
division and dismiss the charge under division (D)(1), (2), (3),23953
(4), (5), or (6) of this section. If it finds no violation of23954
division (B)(1)(a), (2), (3), (4), (6), or (7) of, or a limit23955
declared pursuant to, this section, it shall then consider whether23956
the evidence supports a conviction under division (D)(1), (2),23957
(3), (4), (5), or (6) of this section.23958

       (G) Points shall be assessed for violation of a limitation23959
under division (D) of this section only when the court finds the23960
violation involved a speed of five miles per hour or more in23961
excess of the posted speed limitin accordance with section23962
4510.036 of the Revised Code.23963

       (H) Whenever the director determines upon the basis of a23964
geometric and traffic characteristic study that any speed limit23965
set forth in divisions (B)(1)(a) to (D) of this section is greater23966
or less than is reasonable or safe under the conditions found to23967
exist at any portion of a street or highway under the jurisdiction23968
of the director, the director shall determine and declare a23969
reasonable and safe prima-facie speed limit, which shall be23970
effective when appropriate signs giving notice of it are erected23971
at the location.23972

       (I)(1) Except as provided in divisions (I)(2) and (K) of23973
this section, whenever local authorities determine upon the basis23974
of an engineering and traffic investigation that the speed23975
permitted by divisions (B)(1)(a) to (D) of this section, on any23976
part of a highway under their jurisdiction, is greater than is23977
reasonable and safe under the conditions found to exist at such23978
location, the local authorities may by resolution request the23979
director to determine and declare a reasonable and safe23980
prima-facie speed limit. Upon receipt of such request the23981
director may determine and declare a reasonable and safe23982
prima-facie speed limit at such location, and if the director does23983
so, then such declared speed limit shall become effective only23984
when appropriate signs giving notice thereof are erected at such23985
location by the local authorities. The director may withdraw the23986
declaration of a prima-facie speed limit whenever in the23987
director's opinion the altered prima-facie speed becomes23988
unreasonable. Upon such withdrawal, the declared prima-facie23989
speed shall become ineffective and the signs relating thereto23990
shall be immediately removed by the local authorities.23991

       (2) A local authority may determine on the basis of a23992
geometric and traffic characteristic study that the speed limit of23993
sixty-five miles per hour on a portion of a freeway under its23994
jurisdiction that was established through the operation of23995
division (L)(3) of this section is greater than is reasonable or23996
safe under the conditions found to exist at that portion of the23997
freeway. If the local authority makes such a determination, the23998
local authority by resolution may request the director to23999
determine and declare a reasonable and safe speed limit of not24000
less than fifty-five miles per hour for that portion of the24001
freeway. If the director takes such action, the declared speed24002
limit becomes effective only when appropriate signs giving notice24003
of it are erected at such location by the local authority.24004

       (J) Local authorities in their respective jurisdictions may24005
authorize by ordinance higher prima-facie speeds than those stated24006
in this section upon through highways, or upon highways or24007
portions thereof where there are no intersections, or between24008
widely spaced intersections, provided signs are erected giving24009
notice of the authorized speed, but local authorities shall not24010
modify or alter the basic rule set forth in division (A) of this24011
section or in any event authorize by ordinance a speed in excess24012
of fifty miles per hour.24013

       Alteration of prima-facie limits on state routes by local24014
authorities shall not be effective until the alteration has been24015
approved by the director. The director may withdraw approval of24016
any altered prima-facie speed limits whenever in the director's24017
opinion any altered prima-facie speed becomes unreasonable, and24018
upon such withdrawal, the altered prima-facie speed shall become24019
ineffective and the signs relating thereto shall be immediately24020
removed by the local authorities.24021

       (K)(1) As used in divisions (K)(1), (2), (3), and (4) of24022
this section, "unimproved highway" means a highway consisting of24023
any of the following:24024

       (a) Unimproved earth;24025

       (b) Unimproved graded and drained earth;24026

       (c) Gravel.24027

       (2) Except as otherwise provided in divisions (K)(4) and (5)24028
of this section, whenever a board of township trustees determines24029
upon the basis of an engineering and traffic investigation that24030
the speed permitted by division (B)(5) of this section on any part24031
of an unimproved highway under its jurisdiction and in the24032
unincorporated territory of the township is greater than is24033
reasonable or safe under the conditions found to exist at the24034
location, the board may by resolution declare a reasonable and24035
safe prima-facie speed limit of fifty-five but not less than24036
twenty-five miles per hour. An altered speed limit adopted by a24037
board of township trustees under this division becomes effective24038
when appropriate traffic control devices, as prescribed in section24039
4511.11 of the Revised Code, giving notice thereof are erected at24040
the location, which shall be no sooner than sixty days after24041
adoption of the resolution.24042

       (3)(a) Whenever, in the opinion of a board of township24043
trustees, any altered prima-facie speed limit established by the24044
board under this division becomes unreasonable, the board may24045
adopt a resolution withdrawing the altered prima-facie speed24046
limit. Upon the adoption of such a resolution, the altered24047
prima-facie speed limit becomes ineffective and the traffic24048
control devices relating thereto shall be immediately removed.24049

       (b) Whenever a highway ceases to be an unimproved highway24050
and the board has adopted an altered prima-facie speed limit24051
pursuant to division (K)(2) of this section, the board shall, by24052
resolution, withdraw the altered prima-facie speed limit as soon24053
as the highway ceases to be unimproved. Upon the adoption of such24054
a resolution, the altered prima-facie speed limit becomes24055
ineffective and the traffic control devices relating thereto shall24056
be immediately removed.24057

       (4)(a) If the boundary of two townships rests on the24058
centerline of an unimproved highway in unincorporated territory24059
and both townships have jurisdiction over the highway, neither of24060
the boards of township trustees of such townships may declare an24061
altered prima-facie speed limit pursuant to division (K)(2) of24062
this section on the part of the highway under their joint24063
jurisdiction unless the boards of township trustees of both of the24064
townships determine, upon the basis of an engineering and traffic24065
investigation, that the speed permitted by division (B)(5) of this24066
section is greater than is reasonable or safe under the conditions24067
found to exist at the location and both boards agree upon a24068
reasonable and safe prima-facie speed limit of less than24069
fifty-five but not less than twenty-five miles per hour for that24070
location. If both boards so agree, each shall follow the24071
procedure specified in division (K)(2) of this section for24072
altering the prima-facie speed limit on the highway. Except as24073
otherwise provided in division (K)(4)(b) of this section, no speed24074
limit altered pursuant to division (K)(4)(a) of this section may24075
be withdrawn unless the boards of township trustees of both24076
townships determine that the altered prima-facie speed limit24077
previously adopted becomes unreasonable and each board adopts a24078
resolution withdrawing the altered prima-facie speed limit24079
pursuant to the procedure specified in division (K)(3)(a) of this24080
section.24081

       (b) Whenever a highway described in division (K)(4)(a) of24082
this section ceases to be an unimproved highway and two boards of24083
township trustees have adopted an altered prima-facie speed limit24084
pursuant to division (K)(4)(a) of this section, both boards shall,24085
by resolution, withdraw the altered prima-facie speed limit as24086
soon as the highway ceases to be unimproved. Upon the adoption of24087
the resolution, the altered prima-facie speed limit becomes24088
ineffective and the traffic control devices relating thereto shall24089
be immediately removed.24090

       (5) As used in division (K)(5) of this section:24091

       (a) "Commercial subdivision" means any platted territory24092
outside the limits of a municipal corporation and fronting a24093
highway where, for a distance of three hundred feet or more, the24094
frontage is improved with buildings in use for commercial24095
purposes, or where the entire length of the highway is less than24096
three hundred feet long and the frontage is improved with24097
buildings in use for commercial purposes.24098

       (b) "Residential subdivision" means any platted territory24099
outside the limits of a municipal corporation and fronting a24100
highway, where, for a distance of three hundred feet or more, the24101
frontage is improved with residences or residences and buildings24102
in use for business, or where the entire length of the highway is24103
less than three hundred feet long and the frontage is improved24104
with residences or residences and buildings in use for business.24105

       Whenever a board of township trustees finds upon the basis of24106
an engineering and traffic investigation that the prima-facie24107
speed permitted by division (B)(5) of this section on any part of24108
a highway under its jurisdiction that is located in a commercial24109
or residential subdivision, except on highways or portions thereof24110
at the entrances to which vehicular traffic from the majority of24111
intersecting highways is required to yield the right-of-way to24112
vehicles on such highways in obedience to stop or yield signs or24113
traffic control signals, is greater than is reasonable and safe24114
under the conditions found to exist at the location, the board may24115
by resolution declare a reasonable and safe prima-facie speed24116
limit of less than fifty-five but not less than twenty-five miles24117
per hour at the location. An altered speed limit adopted by a24118
board of township trustees under this division shall become24119
effective when appropriate signs giving notice thereof are erected24120
at the location by the township. Whenever, in the opinion of a24121
board of township trustees, any altered prima-facie speed limit24122
established by it under this division becomes unreasonable, it may24123
adopt a resolution withdrawing the altered prima-facie speed, and24124
upon such withdrawal, the altered prima-facie speed shall become24125
ineffective, and the signs relating thereto shall be immediately24126
removed by the township.24127

       (L)(1) Within one hundred twenty days of the effective date24128
of this amendment, the director of transportation, based upon a24129
geometric and traffic characteristic study of a freeway that is24130
part of the interstate system or that is not part of the24131
interstate system, but is built to the standards and24132
specifications that are applicable to freeways that are part of24133
the interstate system, in consultation with the director of public24134
safety and, if applicable, the local authority having jurisdiction24135
over a portion of such freeway, may determine and declare that the24136
speed limit of less than sixty-five miles per hour established on24137
such freeway or portion of freeway either is reasonable and safe24138
or is less than that which is reasonable and safe.24139

       (2) If the established speed limit for such a freeway or24140
portion of freeway is determined to be less than that which is24141
reasonable and safe, the director of transportation, in24142
consultation with the director of public safety and, if24143
applicable, the local authority having jurisdiction over the24144
portion of freeway, shall determine and declare a reasonable and24145
safe speed limit of not more than sixty-five miles per hour for24146
that freeway or portion of freeway.24147

       The director of transportation or local authority having24148
jurisdiction over the freeway or portion of freeway shall erect24149
appropriate signs giving notice of the speed limit at such24150
location within one hundred fifty days of the effective date of24151
this amendment. Such speed limit becomes effective only when such24152
signs are erected at the location.24153

       (3) If, within one hundred twenty days of the effective date24154
of this amendment, the director of transportation does not make a24155
determination and declaration of a reasonable and safe speed limit24156
for a freeway or portion of freeway that is part of the interstate24157
system or that is not part of the interstate system, but is built24158
to the standards and specifications that are applicable to24159
freeways that are part of the interstate system and that has a24160
speed limit of less than sixty-five miles per hour, the speed24161
limit on that freeway or portion of a freeway shall be sixty-five24162
miles per hour. The director of transportation or local authority24163
having jurisdiction over the freeway or portion of the freeway24164
shall erect appropriate signs giving notice of the speed limit of24165
sixty-five miles per hour at such location within one hundred24166
fifty days of the effective date of this amendment. Such speed24167
limit becomes effective only when such signs are erected at the24168
location. A speed limit established through the operation of24169
division (L)(3) of this section is subject to reduction under24170
division (I)(2) of this section.24171

       (M) Within three hundred sixty days after the effective date24172
of this amendment, the director of transportation, based upon a24173
geometric and traffic characteristic study of a rural, divided,24174
multi-lane highway that has been designated as part of the24175
national highway system under the "National Highway System24176
Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103, in24177
consultation with the director of public safety and, if24178
applicable, the local authority having jurisdiction over a portion24179
of the highway, may determine and declare that the speed limit of24180
less than sixty-five miles per hour established on the highway or24181
portion of highway either is reasonable and safe or is less than24182
that which is reasonable and safe.24183

       If the established speed limit for the highway or portion of24184
highway is determined to be less than that which is reasonable and24185
safe, the director of transportation, in consultation with the24186
director of public safety and, if applicable, the local authority24187
having jurisdiction over the portion of highway, shall determine24188
and declare a reasonable and safe speed limit of not more than24189
sixty-five miles per hour for that highway or portion of highway. 24190
The director of transportation or local authority having24191
jurisdiction over the highway or portion of highway shall erect24192
appropriate signs giving notice of the speed limit at such24193
location within three hundred ninety days after the effective date24194
of this amendment. The speed limit becomes effective only when24195
such signs are erected at the location.24196

       (N) As used in this section:24197

       (1) "Interstate system" has the same meaning as in 2324198
U.S.C.A. 101.24199

       (2) "Commercial bus" means a motor vehicle designed for24200
carrying more than nine passengers and used for the transportation24201
of persons for compensation.24202

       (3) "Noncommercial bus" includes but is not limited to a24203
school bus or a motor vehicle operated solely for the24204
transportation of persons associated with a charitable or24205
nonprofit organization.24206

       (O)(1) A violation of any provision of this section is one24207
of the following:24208

       (a) Except as otherwise provided in divisions (O)(1)(b),24209
(1)(c), (2), and (3) of this section, a minor misdemeanor;24210

       (b) If, within one year of the offense, the offender24211
previously has been convicted of or pleaded guilty to two24212
violations of any provision of this section or of any provision of24213
a municipal ordinance that is substantially similar to any24214
provision of this section, a misdemeanor of the fourth degree;24215

       (c) If, within one year of the offense, the offender24216
previously has been convicted of or pleaded guilty to three or24217
more violations of any provision of this section or of any24218
provision of a municipal ordinance that is substantially similar24219
to any provision of this section, a misdemeanor of the third24220
degree;24221

       (2) If the offender has not previously been convicted of or24222
pleaded guilty to a violation of any provision of this section or24223
of any provision of a municipal ordinance that is substantially24224
similar to this section and operated a motor vehicle faster than24225
thirty-five miles an hour in a business district of a municipal24226
corporation, faster than fifty miles an hour in other portions of24227
a municipal corporation, or faster than thirty-five miles an hour24228
in a school zone during recess or while children are going to or24229
leaving school during the school's opening or closing hours, a24230
misdemeanor of the fourth degree.24231

       (3) Notwithstanding division (O)(1) of this section, if the24232
offender operated a motor vehicle in a construction zone where a24233
sign was then posted in accordance with section 4511.98 of the24234
Revised Code, the court, in addition to all other penalties24235
provided by law, shall impose upon the offender a fine of two24236
times the usual amount imposed for the violation. No court shall24237
impose a fine of two times the usual amount imposed for the24238
violation upon an offender if the offender alleges, in an24239
affidavit filed with the court prior to the offender's sentencing,24240
that the offender is indigent and is unable to pay the fine24241
imposed pursuant to this division and if the court determines that24242
the offender is an indigent person and unable to pay the fine.24243

       Sec. 4511.211.  (A) The owner of a private road or driveway24244
located in a private residential area containing twenty or more24245
dwelling units may establish a speed limit on the road or driveway24246
by complying with all of the following requirements:24247

       (1) The speed limit is not less than twenty-five miles per24248
hour and is indicated by a sign that is in a proper position, is24249
sufficiently legible to be seen by an ordinarily observant person,24250
and meets the specifications for the basic speed limit sign24251
included in the manual adopted by the department of transportation24252
pursuant to section 4511.09 of the Revised Code;24253

       (2) The owner has posted a sign at the entrance of the24254
private road or driveway that is in plain view and clearly informs24255
persons entering the road or driveway that they are entering24256
private property, a speed limit has been established for the road24257
or driveway, and the speed limit is enforceable by law enforcement24258
officers under state law.24259

       (B) No person shall operate a vehicle upon a private road or24260
driveway as provided in division (A) of this section at a speed24261
exceeding any speed limit established and posted pursuant to that24262
division.24263

       (C) When a speed limit is established and posted in24264
accordance with division (A) of this section, any law enforcement24265
officer may apprehend a person violating the speed limit of the24266
residential area by utilizing any of the means described in24267
section 4511.091 of the Revised Code or by any other accepted24268
method of determining the speed of a motor vehicle and may stop24269
and charge the person with exceeding the speed limit.24270

       (D) Points shall be assessed for violation of a speed limit24271
established and posted in accordance with division (A) of this24272
section only when the violation involves a speed of five miles per24273
hour or more in excess of the posted speed limitin accordance24274
with section 4510.036 of the Revised Code.24275

       (E) As used in this section:24276

       (1) "Owner" includes but is not limited to a person who24277
holds title to the real property in fee simple, a condominium24278
owners' association, a property owner's association, the board of24279
directors or trustees of a private community, and a nonprofit24280
corporation governing a private community.24281

       (2) "Private residential area containing twenty or more24282
dwelling units" does not include a Chautauqua assembly as defined24283
in section 4511.90 of the Revised Code.24284

       (F) A violation of division (B) of this section is one of24285
the following:24286

       (1) Except as otherwise provided in divisions (F)(2) and (3)24287
of this section, a minor misdemeanor;24288

       (2) If, within one year of the offense, the offender24289
previously has been convicted of or pleaded guilty to two24290
violations of division (B) of this section or of any municipal24291
ordinance that is substantially similar to division (B) of this24292
section, a misdemeanor of the fourth degree;24293

       (3) If, within one year of the offense, the offender24294
previously has been convicted of or pleaded guilty to three or24295
more violations of division (B) of this section or of any24296
municipal ordinance that is substantially similar to division (B)24297
of this section, a misdemeanor of the third degree.24298

       Sec. 4511.213.  (A) The driver of a motor vehicle, upon24299
approaching a stationary public safety vehicle that is displaying24300
a flashing red light, flashing combination red and white light,24301
oscillating or rotating red light, oscillating or rotating24302
combination red and white light, flashing blue light, flashing24303
combination blue and white light, oscillating or rotating blue24304
light, or oscillating or rotating combination blue and white24305
light, shall do either of the following:24306

       (1) If the driver of the motor vehicle is traveling on a24307
highway that consists of at least two lanes that carry traffic in24308
the same direction of travel as that of the driver's motor24309
vehicle, the driver shall proceed with due caution and, if24310
possible and with due regard to the road, weather, and traffic24311
conditions, shall change lanes into a lane that is not adjacent to24312
that of the stationary public safety vehicle.24313

       (2) If the driver is not traveling on a highway of a type24314
described in division (A)(1) of this section, or if the driver is24315
traveling on a highway of that type but it is not possible to24316
change lanes or if to do so would be unsafe, the driver shall24317
proceed with due caution, reduce the speed of the motor vehicle,24318
and maintain a safe speed for the road, weather, and traffic24319
conditions.24320

       (B) This section does not relieve the driver of a public24321
safety vehicle from the duty to drive with due regard for the24322
safety of all persons and property upon the highway.24323

       (C) No person shall fail to drive a motor vehicle in24324
compliance with division (A)(1) or (2) of this section when so24325
required by division (A) of this section.24326

       (D)(1) Except as otherwise provided in this division,24327
whoever violates this section is guilty of a minor misdemeanor.24328
If, within one year of the offense, the offender previously has24329
been convicted of or pleaded guilty to one predicate motor vehicle24330
or traffic offense, whoever violates this section is guilty of a24331
misdemeanor of the fourth degree. If, within one year of the24332
offense, the offender previously has been convicted of two or more24333
predicate motor vehicle or traffic offenses, whoever violates this24334
section is guilty of a misdemeanor of the third degree.24335

       (2) Notwithstanding section 2929.21 of the Revised Code,24336
upon a finding that a person operated a motor vehicle in violation24337
of division (C) of this section, the court, in addition to all24338
other penalties provided by law, shall impose a fine of two times24339
the usual amount imposed for the violation.24340

       (E) As used in this section, "public safety vehicle" has the24341
same meaning as in section 4511.01 of the Revised Code.24342

       Sec. 4511.22.  (A) No person shall stop or operate a24343
vehicle, trackless trolley, or street car at such a slow speed as24344
to impede or block the normal and reasonable movement of traffic,24345
except when stopping or reduced speed is necessary for safe24346
operation or to comply with law.24347

       (B) Whenever the director of transportation or local24348
authorities determine on the basis of an engineering and traffic24349
investigation that slow speeds on any part of a controlled-access24350
highway, expressway, or freeway consistently impede the normal and24351
reasonable movement of traffic, the director or such local24352
authority may declare a minimum speed limit below which no person24353
shall operate a motor vehicle, trackless trolley, or street car24354
except when necessary for safe operation or in compliance with24355
law. No minimum speed limit established hereunder shall be less24356
than thirty miles per hour, greater than fifty miles per hour, nor24357
effective until the provisions of section 4511.21 of the Revised24358
Code, relating to appropriate signs, have been fulfilled and local24359
authorities have obtained the approval of the director.24360

       (C)Except as otherwise provided in this division, whoever24361
violates this section is guilty of a minor misdemeanor. If,24362
within one year of the offense, the offender previously has been24363
convicted of or pleaded guilty to one predicate motor vehicle or24364
traffic offense, whoever violates this section is guilty of a24365
misdemeanor of the fourth degree. If, within one year of the24366
offense, the offender previously has been convicted of two or more24367
predicate motor vehicle or traffic offenses, whoever violates this24368
section is guilty of a misdemeanor of the third degree.24369

       Sec. 4511.23. (A) No person shall operate a vehicle,24370
trackless trolley, or streetcar over any bridge or other elevated24371
structure constituting a part of a highway at a speed which is24372
greater than the maximum speed that can be maintained with safety24373
to such bridge or structure, when such structure is posted with24374
signs as provided in this section.24375

       The department of transportation upon request from any local24376
authority shall, or upon its own initiative may, conduct an24377
investigation of any bridge or other elevated structure24378
constituting a part of a highway, and if it finds that such24379
structure cannot with safety withstand traffic traveling at the24380
speed otherwise permissible under sections 4511.01 to 4511.7824381
4511.85 and 4511.994511.98 of the Revised Code, the department24382
shall determine and declare the maximum speed of traffic which24383
such structure can withstand, and shall cause or permit suitable24384
signs stating such maximum speed to be erected and maintained at a24385
distance of at least one hundred feet before each end of such24386
structure.24387

       Upon the trial of any person charged with a violation of this24388
section, proof of said determination of the maximum speed by the24389
department and the existence of said signs shall constitute24390
prima-facie evidence of the maximum speed which can be maintained24391
with safety to such bridge or structure.24392

       (B)Except as otherwise provided in this division, whoever24393
violates this section is guilty of a minor misdemeanor. If,24394
within one year of the offense, the offender previously has been24395
convicted of or pleaded guilty to one predicate motor vehicle or24396
traffic offense, whoever violates this section is guilty of a24397
misdemeanor of the fourth degree. If, within one year of the24398
offense, the offender previously has been convicted of two or more24399
predicate motor vehicle or traffic offenses, whoever violates this24400
section is guilty of a misdemeanor of the third degree.24401

       Sec. 4511.25.  (A) Upon all roadways of sufficient width, a24402
vehicle or trackless trolley shall be driven upon the right half24403
of the roadway, except as follows:24404

       (1) When overtaking and passing another vehicle proceeding24405
in the same direction, or when making a left turn under the rules24406
governing such movements;24407

       (2) When an obstruction exists making it necessary to drive24408
to the left of the center of the highway; provided, any person so24409
doing shall yield the right of way to all vehicles traveling in24410
the proper direction upon the unobstructed portion of the highway24411
within such distance as to constitute an immediate hazard;24412

       (3) When driving upon a roadway divided into three or more24413
marked lanes for traffic under the rules applicable thereon;24414

       (4) When driving upon a roadway designated and posted with24415
signs for one-way traffic;24416

       (5) When otherwise directed by a police officer or traffic24417
control device.24418

       (B) Upon all roadways any vehicle or trackless trolley24419
proceeding at less than the normal speed of traffic at the time24420
and place and under the conditions then existing shall be driven24421
in the right-hand lane then available for traffic, or as close as24422
practicable to the right-hand curb or edge of the roadway, except24423
when overtaking and passing another vehicle or trackless trolley24424
proceeding in the same direction or when preparing for a left24425
turn.24426

       (C) Upon any roadway having four or more lanes for moving24427
traffic and providing for two-way movement of traffic, no vehicle24428
or trackless trolley shall be driven to the left of the center24429
line of the roadway, except when authorized by official traffic24430
control devices designating certain lanes to the left of the24431
center of the roadway for use by traffic not otherwise permitted24432
to use the lanes, or except as permitted under division (A)(2) of24433
this section.24434

       Division (C) of this sectionThis division shall not be24435
construed as prohibiting the crossing of the center line in making24436
a left turn into or from an alley, private road, or driveway.24437

       (D)Except as otherwise provided in this division, whoever24438
violates this section is guilty of a minor misdemeanor. If,24439
within one year of the offense, the offender previously has been24440
convicted of or pleaded guilty to one predicate motor vehicle or24441
traffic offense, whoever violates this section is guilty of a24442
misdemeanor of the fourth degree. If, within one year of the24443
offense, the offender previously has been convicted of two or more24444
predicate motor vehicle or traffic offenses, whoever violates this24445
section is guilty of a misdemeanor of the third degree.24446

       Sec. 4511.251.  (A) As used in this section and in sections24447
4507.021 and 4507.16section4510.036 of the Revised Code, "street24448
racing" means the operation of two or more vehicles from a point24449
side by side at accelerating speeds in a competitive attempt to24450
out-distance each other or the operation of one or more vehicles24451
over a common selected course, from the same point to the same24452
point, wherein timing is made of the participating vehicles24453
involving competitive accelerations or speeds. Persons rendering24454
assistance in any manner to such competitive use of vehicles shall24455
be equally charged as the participants. The operation of two or24456
more vehicles side by side either at speeds in excess of24457
prima-facie lawful speeds established by divisions (B)(1)(a) to24458
(B)(7) of section 4511.21 of the Revised Code or rapidly24459
accelerating from a common starting point to a speed in excess of24460
such prima-facie lawful speeds shall be prima-facie evidence of24461
street racing.24462

       (B) No person shall participate in street racing upon any24463
public road, street, or highway in this state.24464

       (C)Whoever violates this section is guilty of street racing,24465
a misdemeanor of the first degree. In addition to any other24466
sanctions, the court shall suspend the offender's driver's24467
license, commercial driver's license, temporary instruction24468
permit, probationary license, or nonresident operating privilege24469
for not less than thirty days or more than one year. No judge24470
shall suspend the first thirty days of any suspension of an24471
offender's license, permit, or privilege imposed under this24472
division.24473

       Sec. 4511.26. (A) Operators of vehicles and trackless24474
trolleys proceeding in opposite directions shall pass each other24475
to the right, and upon roadways having width for not more than one24476
line of traffic in each direction, each operator shall give to the24477
other one-half of the main traveled portion of the roadway or as24478
nearly one-half as is reasonable possible.24479

       (B)Except as otherwise provided in this division, whoever24480
violates this section is guilty of a minor misdemeanor. If,24481
within one year of the offense, the offender previously has been24482
convicted of or pleaded guilty to one predicate motor vehicle or24483
traffic offense, whoever violates this section is guilty of a24484
misdemeanor of the fourth degree. If, within one year of the24485
offense, the offender previously has been convicted of two or more24486
predicate motor vehicle or traffic offenses, whoever violates this24487
section is guilty of a misdemeanor of the third degree.24488

       Sec. 4511.27. (A) The following rules govern the overtaking24489
and passing of vehicles or trackless trolleys proceeding in the24490
same direction:24491

       (A)(1) The operator of a vehicle or trackless trolley24492
overtaking another vehicle or trackless trolley proceeding in the24493
same direction shall, except as provided in division (C)(A)(3) of24494
this section, signal to the vehicle or trackless trolley to be24495
overtaken, shall pass to the left thereof at a safe distance, and24496
shall not again drive to the right side of the roadway until24497
safely clear of the overtaken vehicle or trackless trolley.24498

       (B)(2) Except when overtaking and passing on the right is24499
permitted, the operator of an overtaken vehicle shall give way to24500
the right in favor of the overtaking vehicle at the latter's24501
audible signal, and he shall not increase the speed of his vehicle24502
until completely passed by the overtaking vehicle.24503

       (C)(3) The operator of a vehicle or trackless trolley24504
overtaking and passing another vehicle or trackless trolley24505
proceeding in the same direction on a divided highway as defined24506
in section 4511.35 of the Revised Code, a limited access highway24507
as defined in section 5511.02 of the Revised Code, or a highway24508
with four or more traffic lanes, is not required to signal audibly24509
to the vehicle or trackless trolley being overtaken and passed.24510

       (B)Except as otherwise provided in this division, whoever24511
violates this section is guilty of a minor misdemeanor. If,24512
within one year of the offense, the offender previously has been24513
convicted of or pleaded guilty to one predicate motor vehicle or24514
traffic offense, whoever violates this section is guilty of a24515
misdemeanor of the fourth degree. If, within one year of the24516
offense, the offender previously has been convicted of two or more24517
predicate motor vehicle or traffic offenses, whoever violates this24518
section is guilty of a misdemeanor of the third degree.24519

       Sec. 4511.28.  (A) The driver of a vehicle or trackless24520
trolley may overtake and pass upon the right of another vehicle or24521
trackless trolley only under the following conditions:24522

       (1) When the vehicle or trackless trolley overtaken is24523
making or about to make a left turn;24524

       (2) Upon a roadway with unobstructed pavement of sufficient24525
width for two or more lines of vehicles moving lawfully in the24526
direction being traveled by the overtaking vehicle.24527

       (B) The driver of a vehicle or trackless trolley may24528
overtake and pass another vehicle or trackless trolley only under24529
conditions permitting such movement in safety. The movement shall24530
not be made by driving off the roadway.24531

       (C)Except as otherwise provided in this division, whoever24532
violates this section is guilty of a minor misdemeanor. If,24533
within one year of the offense, the offender previously has been24534
convicted of or pleaded guilty to one predicate motor vehicle or24535
traffic offense, whoever violates this section is guilty of a24536
misdemeanor of the fourth degree. If, within one year of the24537
offense, the offender previously has been convicted of two or more24538
predicate motor vehicle or traffic offenses, whoever violates this24539
section is guilty of a misdemeanor of the third degree.24540

       Sec. 4511.29. (A) No vehicle or trackless trolley shall be24541
driven to the left of the center of the roadway in overtaking and24542
passing traffic proceeding in the same direction, unless such left24543
side is clearly visible and is free of oncoming traffic for a24544
sufficient distance ahead to permit such overtaking and passing to24545
be completely made, without interfering with the safe operation of24546
any traffic approaching from the opposite direction or any traffic24547
overtaken. In every event the overtaking vehicle or trackless24548
trolley must return to an authorized lane of travel as soon as24549
practicable and in the event the passing movement involves the use24550
of a lane authorized for traffic approaching from the opposite24551
direction, before coming within two hundred feet of any24552
approaching vehicle.24553

       (B)Except as otherwise provided in this division, whoever24554
violates this section is guilty of a minor misdemeanor. If,24555
within one year of the offense, the offender previously has been24556
convicted of or pleaded guilty to one predicate motor vehicle or24557
traffic offense, whoever violates this section is guilty of a24558
misdemeanor of the fourth degree. If, within one year of the24559
offense, the offender previously has been convicted of two or more24560
predicate motor vehicle or traffic offenses, whoever violates this24561
section is guilty of a misdemeanor of the third degree.24562

       Sec. 4511.30. (A) No vehicle or trackless trolley shall be24563
driven upon the left side of the roadway under the following24564
conditions:24565

       (A)(1) When approaching the crest of a grade or upon a curve24566
in the highway, where the operator's view is obstructed within24567
such a distance as to create a hazard in the event traffic might24568
approach from the opposite direction;24569

       (B)(2) When the view is obstructed upon approaching within24570
one hundred feet of any bridge, viaduct, or tunnel;24571

       (C)(3) When approaching within one hundred feet of or24572
traversing any intersection or railroad grade crossing.24573

       (B) This section does not apply to vehicles or trackless24574
trolleys upon a one-way roadway, upon a roadway where traffic is24575
lawfully directed to be driven to the left side, or under the24576
conditions described in division (A)(2) of section 4511.25 of the24577
Revised Code.24578

       (C)Except as otherwise provided in this division, whoever24579
violates this section is guilty of a minor misdemeanor. If,24580
within one year of the offense, the offender previously has been24581
convicted of or pleaded guilty to one predicate motor vehicle or24582
traffic offense, whoever violates this section is guilty of a24583
misdemeanor of the fourth degree. If, within one year of the24584
offense, the offender previously has been convicted of two or more24585
predicate motor vehicle or traffic offenses, whoever violates this24586
section is guilty of a misdemeanor of the third degree.24587

       Sec. 4511.31. (A) The department of transportation may24588
determine those portions of any state highway where overtaking and24589
passing other traffic or driving to the left of the center or24590
center line of the roadway would be especially hazardous, and may,24591
by appropriate signs or markings on the highway, indicate the24592
beginning and end of such zones. When such signs or markings are24593
in place and clearly visible, every operator of a vehicle or24594
trackless trolley shall obey the directions thereofof the signs24595
or markings, notwithstanding the distances set out in section24596
4511.30 of the Revised Code.24597

       (B)Except as otherwise provided in this division, whoever24598
violates this section is guilty of a minor misdemeanor. If,24599
within one year of the offense, the offender previously has been24600
convicted of or pleaded guilty to one predicate motor vehicle or24601
traffic offense, whoever violates this section is guilty of a24602
misdemeanor of the fourth degree. If, within one year of the24603
offense, the offender previously has been convicted of two or more24604
predicate motor vehicle or traffic offenses, whoever violates this24605
section is guilty of a misdemeanor of the third degree.24606

       Sec. 4511.32. (A) The department of transportation may24607
designate any highway or any separate roadway under its24608
jurisdiction for one-way traffic and shall erect appropriate signs24609
giving notice thereof.24610

       Upon a roadway designated and posted with signs for one-way24611
traffic a vehicle shall be driven only in the direction24612
designated.24613

       A vehicle passing around a rotary traffic island shall be24614
driven only to the right of suchthe rotary traffic island.24615

       (B)Except as otherwise provided in this division, whoever24616
violates this section is guilty of a minor misdemeanor. If,24617
within one year of the offense, the offender previously has been24618
convicted of or pleaded guilty to one predicate motor vehicle or24619
traffic offense, whoever violates this section is guilty of a24620
misdemeanor of the fourth degree. If, within one year of the24621
offense, the offender previously has been convicted of two or more24622
predicate motor vehicle or traffic offenses, whoever violates this24623
section is guilty of a misdemeanor of the third degree.24624

       Sec. 4511.33. (A) Whenever any roadway has been divided24625
into two or more clearly marked lanes for traffic, or wherever24626
within municipal corporations traffic is lawfully moving in two or24627
more substantially continuous lines in the same direction, the24628
following rules apply:24629

       (A)(1) A vehicle or trackless trolley shall be driven, as24630
nearly as is practicable, entirely within a single lane or line of24631
traffic and shall not be moved from such lane or line until the24632
driver has first ascertained that such movement can be made with24633
safety.24634

       (B)(2) Upon a roadway which is divided into three lanes and24635
provides for two-way movement of traffic, a vehicle or trackless24636
trolley shall not be driven in the center lane except when24637
overtaking and passing another vehicle or trackless trolley where24638
the roadway is clearly visible and such center lane is clear of24639
traffic within a safe distance, or when preparing for a left turn,24640
or where such center lane is at the time allocated exclusively to24641
traffic moving in the direction the vehicle or trackless trolley24642
is proceeding and is posted with signs to give notice of such24643
allocation.24644

       (C)(3) Official signs may be erected directing specified24645
traffic to use a designated lane or designating those lanes to be24646
used by traffic moving in a particular direction regardless of the24647
center of the roadway, and drivers of vehicles and trackless24648
trolleys shall obey the directions of such signs.24649

       (D)(4) Official traffic control devices may be installed24650
prohibiting the changing of lanes on sections of roadway and24651
drivers of vehicles shall obey the directions of every such24652
device.24653

       (B)Except as otherwise provided in this division, whoever24654
violates this section is guilty of a minor misdemeanor. If,24655
within one year of the offense, the offender previously has been24656
convicted of or pleaded guilty to one predicate motor vehicle or24657
traffic offense, whoever violates this section is guilty of a24658
misdemeanor of the fourth degree. If, within one year of the24659
offense, the offender previously has been convicted of two or more24660
predicate motor vehicle or traffic offenses, whoever violates this24661
section is guilty of a misdemeanor of the third degree.24662

       Sec. 4511.34. (A) The operator of a motor vehicle,24663
streetcar, or trackless trolley shall not follow another vehicle,24664
streetcar, or trackless trolley more closely than is reasonable24665
and prudent, having due regard for the speed of such vehicle,24666
streetcar, or trackless trolley, and the traffic upon and the24667
condition of the highway.24668

       The driver of any truck, or motor vehicle drawing another24669
vehicle, when traveling upon a roadway outside a business or24670
residence district shall maintain a sufficient space, whenever24671
conditions permit, between such vehicle and another vehicle ahead24672
so an overtaking motor vehicle may enter and occupy such space24673
without danger. This paragraph does not prevent overtaking and24674
passing nor does it apply to any lane specially designated for use24675
by trucks.24676

       Outside a municipal corporation, the driver of any truck, or24677
motor vehicle when drawing another vehicle, while ascending to the24678
crest of a grade beyond which the driver's view of a roadway is24679
obstructed, shall not follow within three hundred feet of another24680
truck, or motor vehicle drawing another vehicle. This paragraph24681
shall not apply to any lane specially designated for use by24682
trucks.24683

       Motor vehicles being driven upon any roadway outside of a24684
business or residence district in a caravan or motorcade, shall24685
maintain a sufficient space between such vehicles so an overtaking24686
vehicle may enter and occupy such space without danger. This24687
paragraph shall not apply to funeral processions.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. 4511.35. (A) Whenever any highway has been divided24698
into two roadways by an intervening space, or by a physical24699
barrier, or clearly indicated dividing section so constructed as24700
to impede vehicular traffic, every vehicle shall be driven only24701
upon the right-hand roadway, and no vehicle shall be driven over,24702
across, or within any such dividing space, barrier, or section,24703
except through an opening, crossover, or intersection established24704
by public authority. This section does not prohibit the occupancy24705
of such dividing space, barrier, or section for the purpose of an24706
emergency stop or in compliance with an order of a police officer.24707

       (B)Except as otherwise provided in this division, whoever24708
violates this section is guilty of a minor misdemeanor. If,24709
within one year of the offense, the offender previously has been24710
convicted of or pleaded guilty to one predicate motor vehicle or24711
traffic offense, whoever violates this section is guilty of a24712
misdemeanor of the fourth degree. If, within one year of the24713
offense, the offender previously has been convicted of two or more24714
predicate motor vehicle or traffic offenses, whoever violates this24715
section is guilty of a misdemeanor of the third degree.24716

       Sec. 4511.36. (A) The driver of a vehicle intending to turn24717
at an intersection shall be governed by the following rules:24718

       (A)(1) Approach for a right turn and a right turn shall be24719
made as close as practicable to the right-hand curb or edge of the24720
roadway.24721

       (B)(2) At any intersection where traffic is permitted to24722
move in both directions on each roadway entering the intersection,24723
an approach for a left turn shall be made in that portion of the24724
right half of the roadway nearest the center line thereof and by24725
passing to the right of such center line where it enters the24726
intersection and after entering the intersection the left turn24727
shall be made so as to leave the intersection to the right of the24728
center line of the roadway being entered. Whenever practicable24729
the left turn shall be made in that portion of the intersection to24730
the left of the center of the intersection.24731

       (C)(3) At any intersection where traffic is restricted to24732
one direction on one or more of the roadways, the driver of a24733
vehicle intending to turn left at any such intersection shall24734
approach the intersection in the extreme left-hand lane lawfully24735
available to traffic moving in the direction of travel of such24736
vehicle, and after entering the intersection the left turn shall24737
be made so as to leave the intersection, as nearly as practicable,24738
in the left-hand lane of the roadway being entered lawfully24739
available to traffic moving in that lane.24740

       (B) The operator of a trackless trolley shall comply with24741
divisions (A)(1), (B)(2), and (C)(3) of this section wherever24742
practicable.24743

       (C) The department of transportation and local authorities24744
in their respective jurisdictions may cause markers, buttons, or24745
signs to be placed within or adjacent to intersections and thereby24746
require and direct that a different course from that specified in24747
this section be traveled by vehicles, streetcars, or trackless24748
trolleys, turning at an intersection, and when markers, buttons,24749
or signs are so placed, no operator of a vehicle, streetcar, or24750
trackless trolley shall turn such vehicle, streetcar, or trackless24751
trolley at an intersection other than as directed and required by24752
such markers, buttons, or signs.24753

       (D)Except as otherwise provided in this division, whoever24754
violates this section is guilty of a minor misdemeanor. If,24755
within one year of the offense, the offender previously has been24756
convicted of or pleaded guilty to one predicate motor vehicle or24757
traffic offense, whoever violates this section is guilty of a24758
misdemeanor of the fourth degree. If, within one year of the24759
offense, the offender previously has been convicted of two or more24760
predicate motor vehicle or traffic offenses, whoever violates this24761
section is guilty of a misdemeanor of the third degree.24762

       Sec. 4511.37.  (A) Except as provided in division (B) of24763
this section, no vehicle shall be turned so as to proceed in the24764
opposite direction upon any curve, or upon the approach to or near24765
the crest of a grade, if the vehicle cannot be seen within five24766
hundred feet by the driver of any other vehicle approaching from24767
either direction.24768

       (B) The driver of an emergency vehicle or public safety24769
vehicle, when responding to an emergency call, may turn the24770
vehicle so as to proceed in the opposite direction. This division24771
applies only when the emergency vehicle or public safety vehicle24772
is responding to an emergency call, is equipped with and24773
displaying at least one flashing, rotating, or oscillating light24774
visible under normal atmospheric conditions from a distance of24775
five hundred feet to the front of the vehicle, and when the driver24776
of the vehicle is giving an audible signal by siren, exhaust24777
whistle, or bell. This division does not relieve the driver of an24778
emergency vehicle or public safety vehicle from the duty to drive24779
with due regard for the safety of all persons and property upon24780
the highway.24781

       (C)Except as otherwise provided in this division, whoever24782
violates this section is guilty of a minor misdemeanor. If,24783
within one year of the offense, the offender previously has been24784
convicted of or pleaded guilty to one predicate motor vehicle or24785
traffic offense, whoever violates this section is guilty of a24786
misdemeanor of the fourth degree. If, within one year of the24787
offense, the offender previously has been convicted of two or more24788
predicate motor vehicle or traffic offenses, whoever violates this24789
section is guilty of a misdemeanor of the third degree.24790

       Sec. 4511.38. (A) No person shall start a vehicle,24791
streetcar, or trackless trolley which is stopped, standing, or24792
parked until such movement can be made with reasonable safety.24793

       Before backing, operators of vehicle, streetcars, or24794
trackless trolleys shall give ample warning, and while backing24795
they shall exercise vigilance not to injure person or property on24796
the street or highway.24797

       No person shall back a motor vehicle on a freeway, except: in24798
a rest area; in the performance of public works or official24799
duties; as a result of an emergency caused by an accident or24800
breakdown of a motor vehicle.24801

       (B)Except as otherwise provided in this division, whoever24802
violates this section is guilty of a minor misdemeanor. If,24803
within one year of the offense, the offender previously has been24804
convicted of or pleaded guilty to one predicate motor vehicle or24805
traffic offense, whoever violates this section is guilty of a24806
misdemeanor of the fourth degree. If, within one year of the24807
offense, the offender previously has been convicted of two or more24808
predicate motor vehicle or traffic offenses, whoever violates this24809
section is guilty of a misdemeanor of the third degree.24810

       Sec. 4511.39. (A) No person shall turn a vehicle or24811
trackless trolley or move right or left upon a highway unless and24812
until such person has exercised due care to ascertain that the24813
movement can be made with reasonable safety nor without giving an24814
appropriate signal in the manner hereinafter provided.24815

       When required, a signal of intention to turn or move right or24816
left shall be given continuously during not less than the last one24817
hundred feet traveled by the vehicle or trackless trolley before24818
turning.24819

       No person shall stop or suddenly decrease the speed of a24820
vehicle or trackless trolley without first giving an appropriate24821
signal in the manner provided herein to the driver of any vehicle24822
or trackless trolley immediately to the rear when there is24823
opportunity to give a signal.24824

       Any stop or turn signal required by this section shall be24825
given either by means of the hand and arm, or by signal lights24826
that clearly indicate to both approaching and following traffic24827
intention to turn or move right or left, except that any motor24828
vehicle in use on a highway shall be equipped with, and the24829
required signal shall be given by, signal lights when the distance24830
from the center of the top of the steering post to the left24831
outside limit of the body, cab, or load of such motor vehicle24832
exceeds twenty-four inches, or when the distance from the center24833
of the top of the steering post to the rear limit of the body or24834
load thereof exceeds fourteen feet, whether a single vehicle or a24835
combination of vehicles.24836

       The signal lights required by this section shall not be24837
flashed on one side only on a disabled vehicle or trackless24838
trolley, flashed as a courtesy or "do pass" signal to operators of24839
other vehicles or trackless trolleys approaching from the rear,24840
nor be flashed on one side only of a parked vehicle or trackless24841
trolley except as may be necessary for compliance with this24842
section.24843

       (B)Except as otherwise provided in this division, whoever24844
violates this section is guilty of a minor misdemeanor. If,24845
within one year of the offense, the offender previously has been24846
convicted of or pleaded guilty to one predicate motor vehicle or24847
traffic offense, whoever violates this section is guilty of a24848
misdemeanor of the fourth degree. If, within one year of the24849
offense, the offender previously has been convicted of two or more24850
predicate motor vehicle or traffic offenses, whoever violates this24851
section is guilty of a misdemeanor of the third degree.24852

       Sec. 4511.40.  (A) Except as provided in division (B) of24853
this section, all signals required by sections 4511.01 to 4511.7824854
of the Revised Code, when given by hand and arm, shall be given24855
from the left side of the vehicle in the following manner, and24856
such signals shall indicate as follows:24857

       (1) Left turn, hand and arm extended horizontally;24858

       (2) Right turn, hand and arm extended upward;24859

       (3) Stop or decrease speed, hand and arm extended downward.24860

       (B) As an alternative to division (A)(2) of this section, a24861
person operating a bicycle may give a right turn signal by24862
extending the right hand and arm horizontally and to the right24863
side of the bicycle.24864

       (C)Except as otherwise provided in this division, whoever24865
violates this section is guilty of a minor misdemeanor. If,24866
within one year of the offense, the offender previously has been24867
convicted of or pleaded guilty to one predicate motor vehicle or24868
traffic offense, whoever violates this section is guilty of a24869
misdemeanor of the fourth degree. If, within one year of the24870
offense, the offender previously has been convicted of two or more24871
predicate motor vehicle or traffic offenses, whoever violates this24872
section is guilty of a misdemeanor of the third degree.24873

       Sec. 4511.41.  (A) When two vehicles, including any24874
trackless trolley or streetcar, approach or enter an intersection24875
from different streets or highways at approximately the same time,24876
the driver of the vehicle on the left shall yield the right-of-way24877
to the vehicle on the right.24878

       (B) The right-of-way rule declared in division (A) of this24879
section is modified at through highways and otherwise as stated in24880
Chapter 4511. of the Revised Code.24881

       (C)Except as otherwise provided in this division, whoever24882
violates this section is guilty of a minor misdemeanor. If,24883
within one year of the offense, the offender previously has been24884
convicted of or pleaded guilty to one predicate motor vehicle or24885
traffic offense, whoever violates this section is guilty of a24886
misdemeanor of the fourth degree. If, within one year of the24887
offense, the offender previously has been convicted of two or more24888
predicate motor vehicle or traffic offenses, whoever violates this24889
section is guilty of a misdemeanor of the third degree.24890

       Sec. 4511.42. (A) The operator of a vehicle, streetcar, or24891
trackless trolley intending to turn to the left within an24892
intersection or into an alley, private road, or driveway shall24893
yield the right of way to any vehicle, streetcar, or trackless24894
trolley approaching from the opposite direction, whenever the24895
approaching vehicle, streetcar, or trackless trolley is within the24896
intersection or so close to the intersection, alley, private road,24897
or driveway as to constitute an immediate hazard.24898

       (B)Except as otherwise provided in this division, whoever24899
violates this section is guilty of a minor misdemeanor. If,24900
within one year of the offense, the offender previously has been24901
convicted of or pleaded guilty to one predicate motor vehicle or24902
traffic offense, whoever violates this section is guilty of a24903
misdemeanor of the fourth degree. If, within one year of the24904
offense, the offender previously has been convicted of two or more24905
predicate motor vehicle or traffic offenses, whoever violates this24906
section is guilty of a misdemeanor of the third degree.24907

       Sec. 4511.43.  (A) Except when directed to proceed by a law24908
enforcement officer, every driver of a vehicle or trackless24909
trolley approaching a stop sign shall stop at a clearly marked24910
stop line, but if none, before entering the crosswalk on the near24911
side of the intersection, or, if none, then at the point nearest24912
the intersecting roadway where the driver has a view of24913
approaching traffic on the intersecting roadway before entering24914
it. After having stopped, the driver shall yield the right-of-way24915
to any vehicle in the intersection or approaching on another24916
roadway so closely as to constitute an immediate hazard during the24917
time the driver is moving across or within the intersection or24918
junction of roadways.24919

       (B) The driver of a vehicle or trackless trolley approaching24920
a yield sign shall slow down to a speed reasonable for the24921
existing conditions and, if required for safety to stop, shall24922
stop at a clearly marked stop line, but if none, before entering24923
the crosswalk on the near side of the intersection, or, if none,24924
then at the point nearest the intersecting roadway where the24925
driver has a view of approaching traffic on the intersecting24926
roadway before entering it. After slowing or stopping, the driver24927
shall yield the right-of-way to any vehicle or trackless trolley24928
in the intersection or approaching on another roadway so closely24929
as to constitute an immediate hazard during the time the driver is24930
moving across or within the intersection or junction of roadways.24931
Whenever a driver is involved in a collision with a vehicle or24932
trackless trolley in the intersection or junction of roadways,24933
after driving past a yield sign without stopping, the collision24934
shall be prima-facie evidence of the driver's failure to yield the24935
right-of-way.24936

       (C) Except as otherwise provided in this division, whoever24937
violates this section is guilty of a minor misdemeanor. If,24938
within one year of the offense, the offender previously has been24939
convicted of or pleaded guilty to one predicate motor vehicle or24940
traffic offense, whoever violates this section is guilty of a24941
misdemeanor of the fourth degree. If, within one year of the24942
offense, the offender previously has been convicted of two or more24943
predicate motor vehicle or traffic offenses, whoever violates this24944
section is guilty of a misdemeanor of the third degree.24945

       Sec. 4511.431. (A) The driver of a vehicle or trackless24946
trolley emerging from an alley, building, private road, or24947
driveway within a business or residence district shall stop the24948
vehicle or trackless trolley immediately prior to driving onto a24949
sidewalk or onto the sidewalk area extending across the alley,24950
building entrance, road, or driveway, or in the event there is no24951
sidewalk area, shall stop at the point nearest the street to be24952
entered where the driver has a view of approaching traffic24953
thereon.24954

       (B) 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. 4511.432.  (A) The owner of a private road or driveway24964
located in a private residential area containing twenty or more24965
dwelling units may erect stop signs at places where the road or24966
driveway intersects with another private road or driveway in the24967
residential area, in compliance with all of the following24968
requirements:24969

       (1) The stop sign is sufficiently legible to be seen by an24970
ordinarily observant person and meets the specifications of and is24971
placed in accordance with the manual adopted by the department of24972
transportation pursuant to section 4511.09 of the Revised Code;.24973

       (2) The owner has posted a sign at the entrance of the24974
private road or driveway that is in plain view and clearly informs24975
persons entering the road or driveway that they are entering24976
private property, stop signs have been posted and must be obeyed,24977
and the signs are enforceable by law enforcement officers under24978
state law. The sign required by division (A)(2) of this section,24979
where appropriate, may be incorporated with the sign required by24980
division (A)(2) of section 4511.211 of the Revised Code.24981

       (B) Division (A) of section 4511.43 and section 4511.46 of24982
the Revised Code shall be deemed to apply to the driver of a24983
vehicle on a private road or driveway where a stop sign is placed24984
in accordance with division (A) of this section and to a24985
pedestrian crossing such a road or driveway at an intersection24986
where a stop sign is in place.24987

       (C) When a stop sign is placed in accordance with division24988
(A) of this section, any law enforcement officer may apprehend a24989
person found violating the stop sign and may stop and charge the24990
person with violating the stop sign.24991

       (D) Except as otherwise provided in this division, whoever24992
violates this section is guilty of a minor misdemeanor. If,24993
within one year of the offense, the offender previously has been24994
convicted of or pleaded guilty to one predicate motor vehicle or24995
traffic offense, whoever violates this section is guilty of a24996
misdemeanor of the fourth degree. If, within one year of the24997
offense, the offender previously has been convicted of two or more24998
predicate motor vehicle or traffic offenses, whoever violates this24999
section is guilty of a misdemeanor of the third degree.25000

       (E) As used in this section, and for the purpose of applying25001
division (A) of section 4511.43 and section 4511.46 of the Revised25002
Code to conduct under this section:25003

       (1) "Intersection" means:25004

       (a) The area embraced within the prolongation or connection25005
of the lateral curb lines, or, if none, then the lateral boundary25006
lines of the roadways of two private roads or driveways which join25007
one another at, or approximately at, right angles, or the area25008
within which vehicles traveling upon different private roads or25009
driveways joining at any other angle may come in conflict.25010

       (b) Where a private road or driveway includes two roadways25011
thirty feet or more apart, then every crossing of two roadways of25012
such private roads or driveways shall be regarded as a separate25013
intersection.25014

       (2) "Roadway" means that portion of a private road or25015
driveway improved, designed, or ordinarily used for vehicular25016
travel, except the berm or shoulder. If a private road or25017
driveway includes two or more separate roadways, the term25018
"roadway" means any such roadway separately but not all such25019
roadways collectively.25020

       (3) "Owner" and "private residential area containing twenty25021
or more dwelling units" have the same meanings as in section25022
4511.211 of the Revised Code.25023

       Sec. 4511.44. (A) The operator of a vehicle, streetcar, or25024
trackless trolley about to enter or cross a highway from any place25025
other than another roadway shall yield the right of way to all25026
traffic approaching on the roadway to be entered or crossed.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. 4511.441. (A) The driver of a vehicle shall yield the25037
right-of-way to any pedestrian on a sidewalk.25038

       (B) Except as otherwise provided in this division, whoever25039
violates this section is guilty of a minor misdemeanor. If,25040
within one year of the offense, the offender previously has been25041
convicted of or pleaded guilty to one predicate motor vehicle or25042
traffic offense, whoever violates this section is guilty of a25043
misdemeanor of the fourth degree. If, within one year of the25044
offense, the offender previously has been convicted of two or more25045
predicate motor vehicle or traffic offenses, whoever violates this25046
section is guilty of a misdemeanor of the third degree.25047

       Sec. 4511.45.  (A)(1) Upon the approach of a public safety25048
vehicle or coroner's vehicle, equipped with at least one flashing,25049
rotating or oscillating light visible under normal atmospheric25050
conditions from a distance of five hundred feet to the front of25051
the vehicle and the driver is giving an audible signal by siren,25052
exhaust whistle, or bell, no driver of any other vehicle shall25053
fail to yield the right-of-way, immediately drive if practical to25054
a position parallel to, and as close as possible to, the right25055
edge or curb of the highway clear of any intersection, and stop25056
and remain in that position until the public safety vehicle or25057
coroner's vehicle has passed, except when otherwise directed by a25058
police officer.25059

       (2) Upon the approach of a public safety vehicle or25060
coroner's vehicle, as stated in division (A)(1) of this section,25061
no operator of any streetcar or trackless trolley shall fail to25062
immediately stop the streetcar or trackless trolley clear of any25063
intersection and keep it in that position until the public safety25064
vehicle or coroner's vehicle has passed, except when otherwise25065
directed by a police officer.25066

       (B) This section does not relieve the driver of a public25067
safety vehicle or coroner's vehicle from the duty to drive with25068
due regard for the safety of all persons and property upon the25069
highway.25070

       (C) This section applies to a coroner's vehicle only when25071
the vehicle is operated in accordance with section 4513.171 of the25072
Revised Code. As used in this section, "coroner's vehicle" means25073
a vehicle used by a coroner, deputy coroner, or coroner's25074
investigator that is equipped with a flashing, oscillating, or25075
rotating red or blue light and a siren, exhaust whistle, or bell25076
capable of giving an audible signal.25077

       (D)Except as otherwise provided in this division, whoever25078
violates division (A)(1) or (2) of this section is guilty of a25079
misdemeanor of the fourth degree on a first offense. On a second25080
offense within one year after the first offense, the person is25081
guilty of a misdemeanor of the third degree, and, on each25082
subsequent offense within one year after the first offense, the25083
person is guilty of a misdemeanor of the second degree.25084

       Sec. 4511.451. (A) As used in this section "funeral25085
procession" means two or more vehicles accompanying a body of a25086
deceased person in the daytime when each of such vehicles has its25087
headlights lighted and is displaying a purple and white pennant25088
attached to each vehicle in such a manner as to be clearly visible25089
to traffic approaching from any direction.25090

       (B) Excepting public safety vehicles proceeding in25091
accordance with section 4511.45 of the Revised Code or when25092
directed otherwise by a police officer, pedestrians and the25093
operators of all vehicles, street cars, and trackless trolleys25094
shall yield the right of way to each vehicle which is a part of a25095
funeral procession. Whenever the lead vehicle in a funeral25096
procession lawfully enters an intersection the remainder of the25097
vehicles in such procession may continue to follow such lead25098
vehicle through the intersection notwithstanding any traffic25099
control devices or right of way provisions of the Revised Code,25100
provided the operator of each vehicle exercises due care to avoid25101
colliding with any other vehicle or pedestrian upon the roadway.25102

       No person shall operate any vehicle as a part of a funeral25103
procession without having the headlights of such vehicle lighted25104
and without displaying a purple and white pennant in such a manner25105
as to be clearly visible to traffic approaching from any25106
direction.25107

       (C) Except as otherwise provided in this division, whoever25108
violates this section is guilty of a minor misdemeanor. If,25109
within one year of the offense, the offender previously has been25110
convicted of or pleaded guilty to one predicate motor vehicle or25111
traffic offense, whoever violates this section is guilty of a25112
misdemeanor of the fourth degree. If, within one year of the25113
offense, the offender previously has been convicted of two or more25114
predicate motor vehicle or traffic offenses, whoever violates this25115
section is guilty of a misdemeanor of the third degree.25116

       Sec. 4511.452.  (A) Upon the immediate approach of a public25117
safety vehicle, as stated in section 4511.45 of the Revised Code,25118
every pedestrian shall yield the right-of-way to the public safety25119
vehicle.25120

       (B) This section shall not relieve the driver of a public25121
safety vehicle from the duty to exercise due care to avoid25122
colliding with any pedestrian.25123

       (C) Except as otherwise provided in this division, whoever25124
violates this section is guilty of a minor misdemeanor. If,25125
within one year of the offense, the offender previously has been25126
convicted of or pleaded guilty to one predicate motor vehicle or25127
traffic offense, whoever violates this section is guilty of a25128
misdemeanor of the fourth degree. If, within one year of the25129
offense, the offender previously has been convicted of two or more25130
predicate motor vehicle or traffic offenses, whoever violates this25131
section is guilty of a misdemeanor of the third degree.25132

       Sec. 4511.46.  (A) When traffic control signals are not in25133
place, not in operation, or are not clearly assigning the25134
right-of-way, the driver of a vehicle, trackless trolley, or25135
streetcar shall yield the right of way, slowing down or stopping25136
if need be to so yield or if required by section 4511.132 of the25137
Revised Code, to a pedestrian crossing the roadway within a25138
crosswalk when the pedestrian is upon the half of the roadway upon25139
which the vehicle is traveling, or when the pedestrian is25140
approaching so closely from the opposite half of the roadway as to25141
be in danger.25142

       (B) No pedestrian shall suddenly leave a curb or other place25143
of safety and walk or run into the path of a vehicle, trackless25144
trolley, or streetcar which is so close as to constitute an25145
immediate hazard.25146

       (C) Division (A) of this section does not apply under the25147
conditions stated in division (B) of section 4511.48 of the25148
Revised Code.25149

       (D) Whenever any vehicle, trackless trolley, or streetcar is25150
stopped at a marked crosswalk or at any unmarked crosswalk at an25151
intersection to permit a pedestrian to cross the roadway, the25152
driver of any other vehicle, trackless trolley, or streetcar25153
approaching from the rear shall not overtake and pass the stopped25154
vehicle.25155

       (E) Except as otherwise provided in this division, whoever25156
violates this section is guilty of a minor misdemeanor. If,25157
within one year of the offense, the offender previously has been25158
convicted of or pleaded guilty to one predicate motor vehicle or25159
traffic offense, whoever violates this section is guilty of a25160
misdemeanor of the fourth degree. If, within one year of the25161
offense, the offender previously has been convicted of two or more25162
predicate motor vehicle or traffic offenses, whoever violates this25163
section is guilty of a misdemeanor of the third degree.25164

       Sec. 4511.47.  (A) As used in this section "blind person" or25165
"blind pedestrian" means a person having not more than 20/20025166
visual acuity in the better eye with correcting lenses or visual25167
acuity greater than 20/200 but with a limitation in the fields of25168
vision such that the widest diameter of the visual field subtends25169
an angle no greater than twenty degrees.25170

       The driver of every vehicle shall yield the right of way to25171
every blind pedestrian guided by a guide dog, or carrying a cane25172
which is predominantly white or metallic in color, with or without25173
a red tip.25174

       (B) No person, other than a blind person, while on any25175
public highway, street, alley, or other public thoroughfare shall25176
carry a white or metallic cane with or without a red tip.25177

       (C) Except as otherwise provided in this division, whoever25178
violates this section is guilty of a minor misdemeanor. If,25179
within one year of the offense, the offender previously has been25180
convicted of or pleaded guilty to one predicate motor vehicle or25181
traffic offense, whoever violates this section is guilty of a25182
misdemeanor of the fourth degree. If, within one year of the25183
offense, the offender previously has been convicted of two or more25184
predicate motor vehicle or traffic offenses, whoever violates this25185
section is guilty of a misdemeanor of the third degree.25186

       Sec. 4511.48.  (A) Every pedestrian crossing a roadway at25187
any point other than within a marked crosswalk or within an25188
unmarked crosswalk at an intersection shall yield the right of way25189
to all vehicles, trackless trolleys, or streetcars upon the25190
roadway.25191

       (B) Any pedestrian crossing a roadway at a point where a25192
pedestrian tunnel or overhead pedestrian crossing has been25193
provided shall yield the right of way to all traffic upon the25194
roadway.25195

       (C) Between adjacent intersections at which traffic control25196
signals are in operation, pedestrians shall not cross at any place25197
except in a marked crosswalk.25198

       (D) No pedestrian shall cross a roadway intersection25199
diagonally unless authorized by official traffic control devices;25200
and, when authorized to cross diagonally, pedestrians shall cross25201
only in accordance with the official traffic control devices25202
pertaining to such crossing movements.25203

       (E) This section does not relieve the operator of a vehicle,25204
streetcar, or trackless trolley from exercising due care to avoid25205
colliding with any pedestrian upon any roadway.25206

       (F) Except as otherwise provided in this division, whoever25207
violates this section is guilty of a minor misdemeanor. If,25208
within one year of the offense, the offender previously has been25209
convicted of or pleaded guilty to one predicate motor vehicle or25210
traffic offense, whoever violates this section is guilty of a25211
misdemeanor of the fourth degree. If, within one year of the25212
offense, the offender previously has been convicted of two or more25213
predicate motor vehicle or traffic offenses, whoever violates this25214
section is guilty of a misdemeanor of the third degree.25215


       Sec. 4511.481. (A) A pedestrian who is under the influence25217
of alcohol or, any drug of abuse, or any combination thereof,of25218
them to a degree whichthat renders himselfthe pedestrian a25219
hazard shall not walk or be upon a highway.25220

       (B) Except as otherwise provided in this division, whoever25221
violates this section is guilty of a minor misdemeanor. If,25222
within one year of the offense, the offender previously has been25223
convicted of or pleaded guilty to one predicate motor vehicle or25224
traffic offense, whoever violates this section is guilty of a25225
misdemeanor of the fourth degree. If, within one year of the25226
offense, the offender previously has been convicted of two or more25227
predicate motor vehicle or traffic offenses, whoever violates this25228
section is guilty of a misdemeanor of the third degree.25229

       Sec. 4511.49. (A) Pedestrians shall move, whenever25230
practicable, upon the right half of crosswalks.25231

       (B) Except as otherwise provided in this division, whoever25232
violates this section is guilty of a minor misdemeanor. If,25233
within one year of the offense, the offender previously has been25234
convicted of or pleaded guilty to one predicate motor vehicle or25235
traffic offense, whoever violates this section is guilty of a25236
misdemeanor of the fourth degree. If, within one year of the25237
offense, the offender previously has been convicted of two or more25238
predicate motor vehicle or traffic offenses, whoever violates this25239
section is guilty of a misdemeanor of the third degree.25240

       Sec. 4511.50.  (A) Where a sidewalk is provided and its use25241
is practicable, it shall be unlawful for any pedestrian to walk25242
along and upon an adjacent roadway.25243

       (B) Where a sidewalk is not available, any pedestrian25244
walking along and upon a highway shall walk only on a shoulder, as25245
far as practicable from the edge of the roadway.25246

       (C) Where neither a sidewalk nor a shoulder is available,25247
any pedestrian walking along and upon a highway shall walk as near25248
as practicable to an outside edge of the roadway, and, if on a25249
two-way roadway, shall walk only on the left side of the roadway.25250

       (D) Except as otherwise provided in sections 4511.13 and25251
4511.46 of the Revised Code, any pedestrian upon a roadway shall25252
yield the right-of-way to all vehicles, trackless trolleys, or25253
streetcars upon the roadway.25254

       (E) Except as otherwise provided in this division, whoever25255
violates this section is guilty of a minor misdemeanor. If,25256
within one year of the offense, the offender previously has been25257
convicted of or pleaded guilty to one predicate motor vehicle or25258
traffic offense, whoever violates this section is guilty of a25259
misdemeanor of the fourth degree. If, within one year of the25260
offense, the offender previously has been convicted of two or more25261
predicate motor vehicle or traffic offenses, whoever violates this25262
section is guilty of a misdemeanor of the third degree.25263

       Sec. 4511.51.  (A) No person while on a roadway outside a25264
safety zone shall solicit a ride from the driver of any vehicle.25265

       (B)(1) Except as provided in division (B)(2) of this25266
section, no person shall stand on a highway for the purpose of25267
soliciting employment, business, or contributions from the25268
occupant of any vehicle.25269

       (2) The legislative authority of a municipal corporation, by25270
ordinance, may authorize the issuance of a permit to a charitable25271
organization to allow a person acting on behalf of the25272
organization to solicit charitable contributions from the occupant25273
of a vehicle by standing on a highway, other than a freeway as25274
provided in division (A)(1) of section 4511.051 of the Revised25275
Code, that is under the jurisdiction of the municipal corporation.25276
The permit shall be valid for only one period of time, which shall25277
be specified in the permit, in any calendar year. The legislative25278
authority also may specify the locations where contributions may25279
be solicited and may impose any other restrictions on or25280
requirements regarding the manner in which the solicitations are25281
to be conducted that the legislative authority considers25282
advisable.25283

       (3) As used in division (B)(2) of this section, "charitable25284
organization" means an organization that has received from the25285
internal revenue service a currently valid ruling or determination25286
letter recognizing the tax-exempt status of the organization25287
pursuant to section 501(c)(3) of the "Internal Revenue Code."25288

       (C) No person shall hang onto or ride on the outside of any25289
motor vehicle, streetcar, or trackless trolley while it is moving25290
upon a roadway, except mechanics or test engineers making repairs25291
or adjustments, or workers performing specialized highway or25292
street maintenance or construction under authority of a public25293
agency.25294

       (D) No operator shall knowingly permit any person to hang25295
onto, or ride on the outside of, any motor vehicle, streetcar, or25296
trackless trolley while it is moving upon a roadway, except25297
mechanics or test engineers making repairs or adjustments, or25298
workers performing specialized highway or street maintenance or25299
construction under authority of a public agency.25300

       (E) No driver of a truck, trailer, or semitrailer shall25301
knowingly permit any person who has not attained the age of25302
sixteen years to ride in the unenclosed or unroofed cargo storage25303
area of histhe driver's vehicle if the vehicle is traveling25304
faster than twenty-five miles per hour, unless either of the25305
following applies:25306

       (1) The cargo storage area of the vehicle is equipped with a25307
properly secured seat to which is attached a seat safety belt that25308
is in compliance with federal standards for an occupant25309
restraining device as defined in division (A)(2) of section25310
4513.263 of the Revised Code, the seat and seat safety belt were25311
installed at the time the vehicle was originally assembled, and25312
the person riding in the cargo storage area is in the seat and is25313
wearing the seat safety belt;25314

       (2) An emergency exists that threatens the life of the25315
driver or the person being transported in the cargo storage area25316
of the truck, trailer, or semitrailer.25317

       (F) No driver of a truck, trailer, or semitrailer shall25318
permit any person, except for those workers performing specialized25319
highway or street maintenance or construction under authority of a25320
public agency, to ride in the cargo storage area or on a tailgate25321
of histhe driver's vehicle while the tailgate is unlatched.25322

       (G)(1) Except as otherwise provided in this division,25323
whoever violates any provision of divisions (A) to (D) of this25324
section is guilty of a minor misdemeanor. If, within one year of25325
the offense, the offender previously has been convicted of or25326
pleaded guilty to one predicate motor vehicle or traffic offense,25327
whoever violates any provision of divisions (A) to (D) of this25328
section is guilty of a misdemeanor of the fourth degree. If,25329
within one year of the offense, the offender previously has been25330
convicted of two or more predicate motor vehicle or traffic25331
offenses, whoever violates any provision of divisions (A) to (D)25332
of this section is guilty of a misdemeanor of the third degree.25333

       (2) Whoever violates division (E) or (F) of this section is25334
guilty of a minor misdemeanor.25335

       Sec. 4511.511.  (A) No pedestrian shall enter or remain upon25336
any bridge or approach thereto beyond the bridge signal, gate, or25337
barrier after a bridge operation signal indication has been given.25338

       (B) No pedestrian shall pass through, around, over, or under25339
any crossing gate or barrier at a railroad grade crossing or25340
bridge while the gate or barrier is closed or is being opened or25341
closed.25342

       (C) Except as otherwise provided in this division, whoever25343
violates this section is guilty of a minor misdemeanor. If,25344
within one year of the offense, the offender previously has been25345
convicted of or pleaded guilty to one predicate motor vehicle or25346
traffic offense, whoever violates this section is guilty of a25347
misdemeanor of the fourth degree. If, within one year of the25348
offense, the offender previously has been convicted of two or more25349
predicate motor vehicle or traffic offenses, whoever violates this25350
section is guilty of a misdemeanor of the third degree.25351

       Sec. 4511.521.  (A) No person shall operate a motorized25352
bicycle upon a highway or any public or private property used by25353
the public for purposes of vehicular travel or parking, unless all25354
of the following conditions are met:25355

       (1) The person is fourteen or fifteen years of age and holds25356
a valid probationary motorized bicycle license issued after the25357
person has passed the test provided for in this section, or the25358
person is sixteen years of age or older and holds either a valid25359
commercial driver's license issued under Chapter 4506. or a25360
driver's license issued under Chapter 4507. of the Revised Code or25361
a valid motorized bicycle license issued after the person has25362
passed the test provided for in this section, except that if a25363
person is sixteen years of age, has a valid probationary motorized25364
bicycle license and desires a motorized bicycle license, hethe25365
person is not required to comply with the testing requirements25366
provided for in this section;25367

       (2) The motorized bicycle is equipped in accordance with the25368
rules adopted under division (B) of this section and is in proper25369
working order;25370

       (3) The person, if he is under eighteen years of age, is25371
wearing a protective helmet on histhe person's head with the chin25372
strap properly fastened and the motorized bicycle is equipped with25373
a rear-view mirror.25374

       (4) The person operates the motorized bicycle when25375
practicable within three feet of the right edge of the roadway25376
obeying all traffic rules applicable to vehicles.25377

       (B) The director of public safety, subject to sections25378
119.01 to 119.13 of the Revised Code, shall adopt and promulgate25379
rules concerning protective helmets, the equipment of motorized25380
bicycles, and the testing and qualifications of persons who do not25381
hold a valid driver's or commercial driver's license. The test25382
shall be as near as practicable to the examination required for a25383
motorcycle operator's endorsement under section 4507.11 of the25384
Revised Code. The test shall also require the operator to give an25385
actual demonstration of histhe operator's ability to operate and25386
control a motorized bicycle by driving one under the supervision25387
of an examining officer.25388

       (C) Every motorized bicycle license expires on the birthday25389
of the applicant in the fourth year after the date it is issued,25390
but in no event shall any motorized bicycle license be issued for25391
a period longer than four years.25392

       (D) No person operating a motorized bicycle shall carry25393
another person upon the motorized bicycle.25394

       (E) The protective helmet and rear-view mirror required by25395
division (A)(3) of this section shall, on and after January 1,25396
1985, conform with rules adopted by the director under division25397
(B) of this section.25398

       (F) Each probationary motorized bicycle license or motorized25399
bicycle license shall be laminated with a transparent plastic25400
material.25401

       (G)Whoever violates division (A), (D), or (E) of this25402
section is guilty of a minor misdemeanor.25403

       Sec. 4511.53. (A) For purposes of this section,25404
"snowmobile" has the same meaning as given that term in section25405
4519.01 of the Revised Code.25406

       (B) A person operating a bicycle or motorcycle shall not25407
ride other than upon the permanent and regular seat attached25408
thereto, nor carry any other person upon such bicycle or25409
motorcycle other than upon a firmly attached and regular seat25410
thereon, nor shall any person ride upon a bicycle or motorcycle25411
other than upon such a firmly attached and regular seat.25412

       A person shall ride upon a motorcycle only while sitting25413
astride the seat, facing forward, with one leg on each side of the25414
motorcycle.25415

       No person operating a bicycle shall carry any package,25416
bundle, or article that prevents the driver from keeping at least25417
one hand upon the handle bars.25418

       No bicycle or motorcycle shall be used to carry more persons25419
at one time than the number for which it is designed and equipped,25420
nor shall any motorcycle be operated on a highway when the handle25421
bars or grips are more than fifteen inches higher than the seat or25422
saddle for the operator.25423

       No person shall operate or be a passenger on a snowmobile or25424
motorcycle without using safety glasses or other protective eye25425
device. No person who is under the age of eighteen years, or who25426
holds a motorcycle operator's endorsement or license bearing a25427
"novice" designation that is currently in effect as provided in25428
section 4507.13 of the Revised Code, shall operate a motorcycle on25429
a highway, or be a passenger on a motorcycle, unless wearing a25430
protective helmet on histhe person's head, and no other person25431
shall be a passenger on a motorcycle operated by such a person25432
unless similarly wearing a protective helmet. The helmet, safety25433
glasses, or other protective eye device shall conform with25434
regulations prescribed and promulgated by the director of public25435
safety. The provisions of this paragraph or a violation thereof25436
shall not be used in the trial of any civil action.25437

       (C) Except as otherwise provided in this division, whoever25438
violates this section is guilty of a minor misdemeanor. If,25439
within one year of the offense, the offender previously has been25440
convicted of or pleaded guilty to one predicate motor vehicle or25441
traffic offense, whoever violates this section is guilty of a25442
misdemeanor of the fourth degree. If, within one year of the25443
offense, the offender previously has been convicted of two or more25444
predicate motor vehicle or traffic offenses, whoever violates this25445
section is guilty of a misdemeanor of the third degree.25446

       Sec. 4511.54. (A) No person riding upon any bicycle,25447
coaster, roller skates, sled, or toy vehicle shall attach the same25448
or himselfself to any streetcar, trackless trolley, or vehicle25449
upon a roadway.25450

       No operator shall knowingly permit any person riding upon any25451
bicycle, coaster, roller skates, sled, or toy vehicle to attach25452
the same or himselfself to any streetcar, trackless trolley, or25453
vehicle while it is moving upon a roadway.25454

       This section does not apply to the towing of a disabled25455
vehicle.25456

       (B) Except as otherwise provided in this division, whoever25457
violates this section is guilty of a minor misdemeanor. If,25458
within one year of the offense, the offender previously has been25459
convicted of or pleaded guilty to one predicate motor vehicle or25460
traffic offense, whoever violates this section is guilty of a25461
misdemeanor of the fourth degree. If, within one year of the25462
offense, the offender previously has been convicted of two or more25463
predicate motor vehicle or traffic offenses, whoever violates this25464
section is guilty of a misdemeanor of the third degree.25465

       Sec. 4511.55.  (A) Every person operating a bicycle upon a25466
roadway shall ride as near to the right side of the roadway as25467
practicable obeying all traffic rules applicable to vehicles and25468
exercising due care when passing a standing vehicle or one25469
proceeding in the same direction.25470

       (B) Persons riding bicycles or motorcycles upon a roadway25471
shall ride not more than two abreast in a single lane, except on25472
paths or parts of roadways set aside for the exclusive use of25473
bicycles or motorcycles.25474

       (C) Except as otherwise provided in this division, whoever25475
violates this section is guilty of a minor misdemeanor. If,25476
within one year of the offense, the offender previously has been25477
convicted of or pleaded guilty to one predicate motor vehicle or25478
traffic offense, whoever violates this section is guilty of a25479
misdemeanor of the fourth degree. If, within one year of the25480
offense, the offender previously has been convicted of two or more25481
predicate motor vehicle or traffic offenses, whoever violates this25482
section is guilty of a misdemeanor of the third degree.25483

       Sec. 4511.56.  (A) Every bicycle when in use at the times25484
specified in section 4513.03 of the Revised Code, shall be25485
equipped with the following:25486

       (1) A lamp on the front that shall emit a white light25487
visible from a distance of at least five hundred feet to the25488
front;25489

       (2) A red reflector on the rear of a type approved by the25490
director of public safety that shall be visible from all distances25491
from one hundred feet to six hundred feet to the rear when25492
directly in front of lawful lower beams of head lamps on a motor25493
vehicle;25494

       (3) A lamp emitting a red light visible from a distance of25495
five hundred feet to the rear shall be used in addition to the red25496
reflector;25497

       (4) An essentially colorless reflector on the front of a25498
type approved by the director;25499

       (5) Either with tires with retroreflective sidewalls or with25500
an essentially colorless or amber reflector mounted on the spokes25501
of the front wheel and an essentially colorless or red reflector25502
mounted on the spokes of the rear wheel. Each reflector shall be25503
visible on each side of the wheel from a distance of six hundred25504
feet when directly in front of lawful lower beams of head lamps on25505
a motor vehicle. Retroreflective tires or reflectors shall be of25506
a type approved by the director.25507

       (B) No person shall operate a bicycle unless it is equipped25508
with a bell or other device capable of giving a signal audible for25509
a distance of at least one hundred feet, except that a bicycle25510
shall not be equipped with nor shall any person use upon a bicycle25511
any siren or whistle.25512

       (C) Every bicycle shall be equipped with an adequate brake25513
when used on a street or highway.25514

       (D) Except as otherwise provided in this division, whoever25515
violates this section is guilty of a minor misdemeanor. If,25516
within one year of the offense, the offender previously has been25517
convicted of or pleaded guilty to one predicate motor vehicle or25518
traffic offense, whoever violates this section is guilty of a25519
misdemeanor of the fourth degree. If, within one year of the25520
offense, the offender previously has been convicted of two or more25521
predicate motor vehicle or traffic offenses, whoever violates this25522
section is guilty of a misdemeanor of the third degree.25523

       Sec. 4511.57. (A) The driver of a vehicle shall not25524
overtake and pass upon the left nor drive upon the left side of25525
any streetcar proceeding in the same direction, whether such25526
streetcar is in motion or at rest, except:25527

       (A)(1) When so directed by a police officer or traffic25528
control device;25529

       (B)(2) When upon a one-way street;25530

       (C)(3) When upon a street where the tracks are so located as25531
to prevent compliance with this section;25532

       (D)(4) When authorized by local authorities.25533

       (B) The driver of any vehicle when permitted to overtake and25534
pass upon the left of a streetcar which has stopped for the25535
purpose of receiving or discharging any passenger shall accord25536
pedestrians the right of way.25537

       (C) Except as otherwise provided in this division, whoever25538
violates this section is guilty of a minor misdemeanor. If,25539
within one year of the offense, the offender previously has been25540
convicted of or pleaded guilty to one predicate motor vehicle or25541
traffic offense, whoever violates this section is guilty of a25542
misdemeanor of the fourth degree. If, within one year of the25543
offense, the offender previously has been convicted of two or more25544
predicate motor vehicle or traffic offenses, whoever violates this25545
section is guilty of a misdemeanor of the third degree.25546

       Sec. 4511.58. (A) The driver of a vehicle overtaking upon25547
the right any streetcar stopped for the purpose of receiving or25548
discharging any passenger shall stop such vehicle at least five25549
feet to the rear of the nearest running board or door of such25550
streetcar and remain standing until all passengers have boarded25551
such streetcar, or upon alighting therefrom have reached a place25552
of safety, except that where a safety zone has been established, a25553
vehicle need not be brought to a stop before passing any such25554
streetcar or any trackless trolley, but may proceed past such25555
streetcar or trackless trolley at a speed not greater than is25556
reasonable and proper considering the safety of pedestrians.25557

       (B) Except as otherwise provided in this division, whoever25558
violates this section is guilty of a minor misdemeanor. If,25559
within one year of the offense, the offender previously has been25560
convicted of or pleaded guilty to one predicate motor vehicle or25561
traffic offense, whoever violates this section is guilty of a25562
misdemeanor of the fourth degree. If, within one year of the25563
offense, the offender previously has been convicted of two or more25564
predicate motor vehicle or traffic offenses, whoever violates this25565
section is guilty of a misdemeanor of the third degree.25566


       Sec. 4511.59. (A) The driver of any vehicle proceeding upon25568
any streetcar tracks in front of a streetcar shall remove such25569
vehicle from the track as soon as practicable after signal from25570
the operator of said streetcar.25571

       The driver of a vehicle upon overtaking and passing a25572
streetcar shall not turn in front of such streetcar unless such25573
movement can be made in safety.25574

       (B) Except as otherwise provided in this division, whoever25575
violates this section is guilty of a minor misdemeanor. If,25576
within one year of the offense, the offender previously has been25577
convicted of or pleaded guilty to one predicate motor vehicle or25578
traffic offense, whoever violates this section is guilty of a25579
misdemeanor of the fourth degree. If, within one year of the25580
offense, the offender previously has been convicted of two or more25581
predicate motor vehicle or traffic offenses, whoever violates this25582
section is guilty of a misdemeanor of the third degree.25583

       Sec. 4511.60. (A) No vehicle shall at any time be driven25584
through or within a safety zone.25585

       (B) Except as otherwise provided in this division, whoever25586
violates this section is guilty of a minor misdemeanor. If,25587
within one year of the offense, the offender previously has been25588
convicted of or pleaded guilty to one predicate motor vehicle or25589
traffic offense, whoever violates this section is guilty of a25590
misdemeanor of the fourth degree. If, within one year of the25591
offense, the offender previously has been convicted of two or more25592
predicate motor vehicle or traffic offenses, whoever violates this25593
section is guilty of a misdemeanor of the third degree.25594

       Sec. 4511.61. (A) The department of transportation and25595
local authorities in their respective jurisdictions, with the25596
approval of the department, may designate dangerous highway25597
crossings over railroad tracks whether on state, county, or25598
township highways or on streets or ways within municipal25599
corporations, and erect stop signs thereat. When such stop signs25600
are erected, the operator of any vehicle, streetcar, or trackless25601
trolley shall stop within fifty, but not less than fifteen, feet25602
from the nearest rail of the railroad tracks and shall exercise25603
due care before proceeding across such grade crossing.25604

       (B)Except as otherwise provided in this division, whoever25605
violates this section is guilty of a minor misdemeanor. If,25606
within one year of the offense, the offender previously has been25607
convicted of or pleaded guilty to one predicate motor vehicle or25608
traffic offense, whoever violates this section is guilty of a25609
misdemeanor of the fourth degree. If, within one year of the25610
offense, the offender previously has been convicted of two or more25611
predicate motor vehicle or traffic offenses, whoever violates this25612
section is guilty of a misdemeanor of the third degree.25613

       Sec. 4511.62.  (A)(1) Whenever any person driving a vehicle25614
or trackless trolley approaches a railroad grade crossing, the25615
person shall stop within fifty feet, but not less than fifteen25616
feet from the nearest rail of the railroad if any of the following25617
circumstances exist at the crossing:25618

       (a) A clearly visible electric or mechanical signal device25619
gives warning of the immediate approach of a train.25620

       (b) A crossing gate is lowered.25621

       (c) A flagperson gives or continues to give a signal of the25622
approach or passage of a train.25623

       (d) There is insufficient space on the other side of the25624
railroad grade crossing to accommodate the vehicle or trackless25625
trolley the person is operating without obstructing the passage of25626
other vehicles, trackless trolleys, pedestrians, or railroad25627
trains, notwithstanding any traffic control signal indication to25628
proceed.25629

       (e) An approaching train is emitting an audible signal or is25630
plainly visible and is in hazardous proximity to the crossing.25631

       (2) A person who is driving a vehicle or trackless trolley25632
and who approaches a railroad grade crossing shall not proceed as25633
long as any of the circumstances described in divisions (A)(1)(a)25634
to (e) of this section exist at the crossing.25635

       (B) No person shall drive any vehicle through, around, or25636
under any crossing gate or barrier at a railroad crossing while25637
the gate or barrier is closed or is being opened or closed unless25638
the person is signaled by a law enforcement officer or flagperson25639
that it is permissible to do so.25640

       (C)Whoever violates this section is guilty of a misdemeanor25641
of the fourth degree.25642

       Sec. 4511.63.  (A) The operator of any motor vehicle or25643
trackless trolley, carrying passengers, for hire, of any school25644
bus, or of any vehicle carrying explosives or flammable liquids as25645
a cargo or as such part of a cargo as to constitute a hazard,25646
before crossing at grade any track of a railroad, shall stop the25647
vehicle or trackless trolley and, while so stopped, shall listen25648
through an open door or open window and look in both directions25649
along the track for any approaching train, and for signals25650
indicating the approach of a train, and shall proceed only upon25651
exercising due care after stopping, looking, and listening as25652
required by this section. Upon proceeding, the operator of such a25653
vehicle shall cross only in a gear that will ensure there will be25654
no necessity for changing gears while traversing the crossing and25655
shall not shift gears while crossing the tracks.25656

       (B) This section does not apply at any of the following:25657

       (1) Street railway grade crossings within a municipal25658
corporation, or to abandoned tracks, spur tracks, side tracks, and25659
industrial tracks when the public utilities commission has25660
authorized and approved the crossing of the tracks without making25661
the stop required by this section;25662

       (2) Through June 30, 1995, a street railway grade crossing25663
where out-of-service signs are posted in accordance with section25664
4955.37 of the Revised Code.25665

       (C)Except as otherwise provided in this division, whoever25666
violates this section is guilty of a minor misdemeanor. If the25667
offender previously has been convicted of or pleaded guilty to one25668
or more violations of this section or section 4511.76, 4511.761,25669
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a25670
municipal ordinance that is substantially similar to any of those25671
sections, whoever violates this section is guilty of a misdemeanor25672
of the fourth degree.25673

       Sec. 4511.64. (A) No person shall operate or move any25674
crawler-type tractor, steam shovel, derrick, roller, or any25675
equipment or structure having a normal operating speed of six or25676
less miles per hour or a vertical body or load clearance of less25677
than nine inches above the level surface of a roadway, upon or25678
across any tracks at a railroad grade crossing without first25679
complying with divisions (A)(1) and (B)(2) of this section.25680

       (A)(1) Before making any such crossing, the person operating25681
or moving any such vehicle or equipment shall first stop the same,25682
and while stopped hethe person shall listen and look in both25683
directions along such track for any approaching train and for25684
signals indicating the approach of a train, and shall proceed only25685
upon exercising due care.25686

       (B)(2) No such crossing shall be made when warning is given25687
by automatic signal or crossing gates or a flagmanflagperson or25688
otherwise of the immediate approach of a railroad train or car.25689

       (B) If the normal sustained speed of such vehicle,25690
equipment, or structure is not more than three miles per hour, the25691
person owning, operating, or moving the same shall also give25692
notice of such intended crossing to a station agent or25693
superintendent of the railroad, and a reasonable time shall be25694
given to such railroad to provide proper protection for such25695
crossing. Where such vehicles or equipment are being used in25696
constructing or repairing a section of highway lying on both sides25697
of a railroad grade crossing, and in such construction or repair25698
it is necessary to repeatedly move such vehicles or equipment over25699
such crossing, one daily notice specifying when such work will25700
start and stating the hours during which it will be prosecuted is25701
sufficient.25702

       (C) Except as otherwise provided in this division, whoever25703
violates this section is guilty of a minor misdemeanor. If,25704
within one year of the offense, the offender previously has been25705
convicted of or pleaded guilty to one predicate motor vehicle or25706
traffic offense, whoever violates this section is guilty of a25707
misdemeanor of the fourth degree. If, within one year of the25708
offense, the offender previously has been convicted of two or more25709
predicate motor vehicle or traffic offenses, whoever violates this25710
section is guilty of a misdemeanor of the third degree.25711

       Sec. 4511.66. (A) Upon any highway outside a business or25712
residence district, no person shall stop, park, or leave standing25713
any vehicle, whether attended or unattended, upon the paved or25714
main traveled part of the highway if it is practicable to stop,25715
park, or so leave such vehicle off the paved or main traveled part25716
of said highway. In every event a clear and unobstructed portion25717
of the highway opposite such standing vehicle shall be left for25718
the free passage of other vehicles, and a clear view of such25719
stopped vehicle shall be available from a distance of two hundred25720
feet in each direction upon such highway.25721

       This section does not apply to the driver of any vehicle25722
which is disabled while on the paved or improved or main traveled25723
portion of a highway in such manner and to such extent that it is25724
impossible to avoid stopping and temporarily leaving the disabled25725
vehicle in such position.25726

       (B) Except as otherwise provided in this division, whoever25727
violates this section is guilty of a minor misdemeanor. If,25728
within one year of the offense, the offender previously has been25729
convicted of or pleaded guilty to one predicate motor vehicle or25730
traffic offense, whoever violates this section is guilty of a25731
misdemeanor of the fourth degree. If, within one year of the25732
offense, the offender previously has been convicted of two or more25733
predicate motor vehicle or traffic offenses, whoever violates this25734
section is guilty of a misdemeanor of the third degree.25735

       Sec. 4511.661. (A) No person driving or in charge of a25736
motor vehicle shall permit it to stand unattended without first25737
stopping the engine, locking the ignition, removing the key from25738
the ignition, effectively setting the parking brake, and, when the25739
motor vehicle is standing upon any grade, turning the front wheels25740
to the curb or side of the highway.25741

       The requirements of this section relating to the stopping of25742
the engine, locking of the ignition, and removing the key from the25743
ignition of a motor vehicle shall not apply to an emergency25744
vehicle or a public safety vehicle.25745

       (B) Except as otherwise provided in this division, whoever25746
violates this section is guilty of a minor misdemeanor. If,25747
within one year of the offense, the offender previously has been25748
convicted of or pleaded guilty to one predicate motor vehicle or25749
traffic offense, whoever violates this section is guilty of a25750
misdemeanor of the fourth degree. If, within one year of the25751
offense, the offender previously has been convicted of two or more25752
predicate motor vehicle or traffic offenses, whoever violates this25753
section is guilty of a misdemeanor of the third degree.25754

       Sec. 4511.68. (A) No person shall stand or park a trackless25755
trolley or vehicle, except when necessary to avoid conflict with25756
other traffic or to comply with sections 4511.01 to 4511.78,25757
inclusive, 4511.99, and 4513.01 to 4513.37, inclusive, of the25758
Revised Code, or while obeying the directions of a police officer25759
or a traffic control device, in any of the following places:25760

       (A)(1) On a sidewalk, except a bicycle;25761

       (B)(2) In front of a public or private driveway;25762

       (C)(3) Within an intersection;25763

       (D)(4) Within ten feet of a fire hydrant;25764

       (E)(5) On a crosswalk;25765

       (F)(6) Within twenty feet of a crosswalk at an intersection;25766

       (G)(7) Within thirty feet of, and upon the approach to, any25767
flashing beacon, stop sign, or traffic control device;25768

       (H)(8) Between a safety zone and the adjacent curb or within25769
thirty feet of points on the curb immediately opposite the ends of25770
a safety zone, unless a different length is indicated by a traffic25771
control device;25772

       (I)(9) Within fifty feet of the nearest rail of a railroad25773
crossing;25774

       (J)(10) Within twenty feet of a driveway entrance to any25775
fire station and, on the side of the street opposite the entrance25776
to any fire station, within seventy-five feet of the entrance when25777
it is properly posted with signs;25778

       (K)(11) Alongside or opposite any street excavation or25779
obstruction when such standing or parking would obstruct traffic;25780

       (L)(12) Alongside any vehicle stopped or parked at the edge25781
or curb of a street;25782

       (M)(13) Upon any bridge or elevated structure upon a25783
highway, or within a highway tunnel;25784

       (N)(14) At any place where signs prohibit stopping;25785

       (O)(15) Within one foot of another parked vehicle;25786

       (P)(16) On the roadway portion of a freeway, expressway, or25787
thruway.25788

       (B) Except as otherwise provided in this division, whoever25789
violates this section is guilty of a minor misdemeanor. If,25790
within one year of the offense, the offender previously has been25791
convicted of or pleaded guilty to one predicate motor vehicle or25792
traffic offense, whoever violates this section is guilty of a25793
misdemeanor of the fourth degree. If, within one year of the25794
offense, the offender previously has been convicted of two or more25795
predicate motor vehicle or traffic offenses, whoever violates this25796
section is guilty of a misdemeanor of the third degree.25797

       Sec. 4511.681. (A) If an owner of private property posts on25798
the property, in a conspicuous manner, a prohibition against25799
parking on the property or conditions and regulations under which25800
parking is permitted, no person shall do either of the following:25801

       (A)(1) Park a vehicle on the property without the owner's25802
consent;25803

       (B)(2) Park a vehicle on the property in violation of any25804
condition or regulation posted by the owner.25805

       (B)Whoever violates this section is guilty of a minor25806
misdemeanor.25807

       Sec. 4511.69.  (A) Every vehicle stopped or parked upon a25808
roadway where there is an adjacent curb shall be stopped or parked25809
with the right-hand wheels of the vehicle parallel with and not25810
more than twelve inches from the right-hand curb, unless it is25811
impossible to approach so close to the curb; in such case the stop25812
shall be made as close to the curb as possible and only for the25813
time necessary to discharge and receive passengers or to load or25814
unload merchandise. Local authorities by ordinance may permit25815
angle parking on any roadway under their jurisdiction, except that25816
angle parking shall not be permitted on a state route within a25817
municipal corporation unless an unoccupied roadway width of not25818
less than twenty-five feet is available for free-moving traffic.25819

       (B) Local authorities by ordinance may permit parking of25820
vehicles with the left-hand wheels adjacent to and within twelve25821
inches of the left-hand curb of a one-way roadway.25822

       (C) No vehicle or trackless trolley shall be stopped or25823
parked on a road or highway with the vehicle or trackless trolley25824
facing in a direction other than the direction of travel on that25825
side of the road or highway.25826

       (D) Notwithstanding any statute or any rule, resolution, or25827
ordinance adopted by any local authority, air compressors,25828
tractors, trucks, and other equipment, while being used in the25829
construction, reconstruction, installation, repair, or removal of25830
facilities near, on, over, or under a street or highway, may stop,25831
stand, or park where necessary in order to perform such work,25832
provided a flagperson is on duty or warning signs or lights are25833
displayed as may be prescribed by the director of transportation.25834

       (E) Special parking locations and privileges for persons25835
with disabilities that limit or impair the ability to walk, also25836
known as handicapped parking spaces or disability parking spaces,25837
shall be provided and designated by all political subdivisions and25838
by the state and all agencies and instrumentalities thereof at all25839
offices and facilities, where parking is provided, whether owned,25840
rented, or leased, and at all publicly owned parking garages. The25841
locations shall be designated through the posting of an elevated25842
sign, whether permanently affixed or movable, imprinted with the25843
international symbol of access and shall be reasonably close to25844
exits, entrances, elevators, and ramps. All elevated signs posted25845
in accordance with this division and division (C) of section25846
3781.111 of the Revised Code shall be mounted on a fixed or25847
movable post, and the distance from the ground to the top edge of25848
the sign shall measure five feet. If a new sign or a replacement25849
sign designating a special parking location is posted on or after25850
the effective date of this amendmentOctober14, 1999, there also25851
shall be affixed upon the surface of that sign or affixed next to25852
the designating sign a notice that states the fine applicable for25853
the offense of parking a motor vehicle in the special designated25854
parking location if the motor vehicle is not legally entitled to25855
be parked in that location.25856

       (F)(1) No person shall stop, stand, or park any motor25857
vehicle at special parking locations provided under division (E)25858
of this section or at special clearly marked parking locations25859
provided in or on privately owned parking lots, parking garages,25860
or other parking areas and designated in accordance with that25861
division, unless one of the following applies:25862

       (a) The motor vehicle is being operated by or for the25863
transport of a person with a disability that limits or impairs the25864
ability to walk and is displaying a valid removable windshield25865
placard or special license plates;25866

       (b) The motor vehicle is being operated by or for the25867
transport of a handicapped person and is displaying a parking card25868
or special handicapped license plates.25869

       (2) Any motor vehicle that is parked in a special marked25870
parking location in violation of division (F)(1)(a) or (b) of this25871
section may be towed or otherwise removed from the parking25872
location by the law enforcement agency of the political25873
subdivision in which the parking location is located. A motor25874
vehicle that is so towed or removed shall not be released to its25875
owner until the owner presents proof of ownership of the motor25876
vehicle and pays all towing and storage fees normally imposed by25877
that political subdivision for towing and storing motor vehicles.25878
If the motor vehicle is a leased vehicle, it shall not be released25879
to the lessee until the lessee presents proof that that person is25880
the lessee of the motor vehicle and pays all towing and storage25881
fees normally imposed by that political subdivision for towing and25882
storing motor vehicles.25883

       (3) If a person is charged with a violation of division25884
(F)(1)(a) or (b) of this section, it is an affirmative defense to25885
the charge that the person suffered an injury not more than25886
seventy-two hours prior to the time the person was issued the25887
ticket or citation and that, because of the injury, the person25888
meets at least one of the criteria contained in division (A)(1) of25889
section 4503.44 of the Revised Code.25890

       (G) When a motor vehicle is being operated by or for the25891
transport of a person with a disability that limits or impairs the25892
ability to walk and is displaying a removable windshield placard25893
or a temporary removable windshield placard or special license25894
plates, or when a motor vehicle is being operated by or for the25895
transport of a handicapped person and is displaying a parking card25896
or special handicapped license plates, the motor vehicle is25897
permitted to park for a period of two hours in excess of the legal25898
parking period permitted by local authorities, except where local25899
ordinances or police rules provide otherwise or where the vehicle25900
is parked in such a manner as to be clearly a traffic hazard.25901

       (H) No owner of an office, facility, or parking garage where25902
special parking locations are required to be designated in25903
accordance with division (E) of this section shall fail to25904
properly mark the special parking locations in accordance with25905
that division or fail to maintain the markings of the special25906
locations, including the erection and maintenance of the fixed or25907
movable signs.25908

       (I) Nothing in this section shall be construed to require a25909
person or organization to apply for a removable windshield placard25910
or special license plates if the parking card or special license25911
plates issued to the person or organization under prior law have25912
not expired or been surrendered or revoked.25913

       (J)(1) Whoever violates division (A) or (C) of this section25914
is guilty of a minor misdemeanor.25915

       (2)(a) Whoever violates division (F)(1)(a) or (b) of this25916
section is guilty of a misdemeanor and shall be punished as25917
provided in division (J)(2)(a) and (b) of this section. Except as25918
otherwise provided in division (J)(2)(a) of this section, an25919
offender who violates division (F)(1)(a) or (b) of this section25920
shall be fined not less than two hundred fifty nor more than five25921
hundred dollars. An offender who violates division (F)(1)(a) or25922
(b) of this section shall be fined not more than one hundred25923
dollars if the offender, prior to sentencing, proves either of the25924
following to the satisfaction of the court:25925

       (i) At the time of the violation of division (F)(1)(a) of25926
this section, the offender or the person for whose transport the25927
motor vehicle was being operated had been issued a removable25928
windshield placard that then was valid or special license plates25929
that then were valid but the offender or the person neglected to25930
display the placard or license plates as described in division25931
(F)(1)(a) of this section.25932

       (ii) At the time of the violation of division (F)(1)(b) of25933
this section, the offender or the person for whose transport the25934
motor vehicle was being operated had been issued a parking card25935
that then was valid or special handicapped license plates that25936
then were valid but the offender or the person neglected to25937
display the card or license plates as described in division25938
(F)(1)(b) of this section.25939

       (b) In no case shall an offender who violates division25940
(F)(1)(a) or (b) of this section be sentenced to any term of25941
imprisonment.25942

       An arrest or conviction for a violation of division (F)(1)(a)25943
or (b) of this section does not constitute a criminal record and25944
need not be reported by the person so arrested or convicted in25945
response to any inquiries contained in any application for25946
employment, license, or other right or privilege, or made in25947
connection with the person's appearance as a witness.25948

       The clerk of the court shall pay every fine collected under25949
division (J)(2) of this section to the political subdivision in25950
which the violation occurred. Except as provided in division25951
(J)(2) of this section, the political subdivision shall use the25952
fine moneys it receives under division (J)(2) of this section to25953
pay the expenses it incurs in complying with the signage and25954
notice requirements contained in division (E) of this section. The25955
political subdivision may use up to fifty per cent of each fine it25956
receives under division (J)(2) of this section to pay the costs of25957
educational, advocacy, support, and assistive technology programs25958
for persons with disabilities, and for public improvements within25959
the political subdivision that benefit or assist persons with25960
disabilities, if governmental agencies or nonprofit organizations25961
offer the programs.25962

       (3) Whoever violates division (H) of this section shall be25963
punished as follows:25964

       (a) Except as otherwise provided in division (J)(3) of this25965
section, the offender shall be issued a warning.25966

       (b) If the offender previously has been convicted of or25967
pleaded guilty to a violation of division (H) of this section or25968
of a municipal ordinance that is substantially similar to that25969
division, the offender shall not be issued a warning but shall be25970
fined twenty-five dollars for each parking location that is not25971
properly marked or whose markings are not properly maintained.25972

       (K) As used in this section:25973

       (1) "Handicapped person" means any person who has lost the25974
use of one or both legs or one or both arms, who is blind, deaf,25975
or so severely handicapped as to be unable to move without the aid25976
of crutches or a wheelchair, or whose mobility is restricted by a25977
permanent cardiovascular, pulmonary, or other handicapping25978
condition.25979

       (2) "Person with a disability that limits or impairs the25980
ability to walk" has the same meaning as in section 4503.44 of the25981
Revised Code.25982

       (3) "Special license plates" and "removable windshield25983
placard" mean any license plates or removable windshield placard25984
or temporary removable windshield placard issued under section25985
4503.41 or 4503.44 of the Revised Code, and also mean any25986
substantially similar license plates or removable windshield25987
placard or temporary removable windshield placard issued by a25988
state, district, country, or sovereignty.25989

       Sec. 4511.70.  (A) No person shall drive a vehicle or25990
trackless trolley when it is so loaded, or when there are in the25991
front seat such number of persons, as to obstruct the view of the25992
driver to the front or sides of the vehicle or to interfere with25993
the driver's control over the driving mechanism of the vehicle.25994

       (B) No passenger in a vehicle or trackless trolley shall25995
ride in such position as to interfere with the driver's view ahead25996
or to the sides, or to interfere with histhe driver's control25997
over the driving mechanism of the vehicle.25998

       (C) No person shall open the door of a vehicle on the side25999
available to moving traffic unless and until it is reasonably safe26000
to do so, and can be done without interfering with the movement of26001
other traffic, nor shall any person leave a door open on the side26002
of a vehicle available to moving traffic for a period of time26003
longer than necessary to load or unload passengers.26004

       (D) Except as otherwise provided in this division, whoever26005
violates this section is guilty of a minor misdemeanor. If,26006
within one year of the offense, the offender previously has been26007
convicted of or pleaded guilty to one predicate motor vehicle or26008
traffic offense, whoever violates this section is guilty of a26009
misdemeanor of the fourth degree. If, within one year of the26010
offense, the offender previously has been convicted of two or more26011
predicate motor vehicle or traffic offenses, whoever violates this26012
section is guilty of a misdemeanor of the third degree.26013

       Sec. 4511.701. (A) No person shall occupy any travel26014
trailer or manufactured or mobile home while it is being used as a26015
conveyance upon a street or highway.26016

       (B) Except as otherwise provided in this division, whoever26017
violates this section is guilty of a minor misdemeanor. If,26018
within one year of the offense, the offender previously has been26019
convicted of or pleaded guilty to one predicate motor vehicle or26020
traffic offense, whoever violates this section is guilty of a26021
misdemeanor of the fourth degree. If, within one year of the26022
offense, the offender previously has been convicted of two or more26023
predicate motor vehicle or traffic offenses, whoever violates this26024
section is guilty of a misdemeanor of the third degree.26025

       Sec. 4511.71. (A) No person shall drive upon, along, or26026
across a street or highway, or any part thereof, whichof a street26027
or highway that has been closed in the process of its26028
construction, reconstruction, or repair, and posted with26029
appropriate signs by the authority having jurisdiction to close26030
such highway.26031

       (B) Except as otherwise provided in this division, whoever26032
violates this section is guilty of a minor misdemeanor. If,26033
within one year of the offense, the offender previously has been26034
convicted of or pleaded guilty to one predicate motor vehicle or26035
traffic offense, whoever violates this section is guilty of a26036
misdemeanor of the fourth degree. If, within one year of the26037
offense, the offender previously has been convicted of two or more26038
predicate motor vehicle or traffic offenses, whoever violates this26039
section is guilty of a misdemeanor of the third degree.26040

       Sec. 4511.711. (A) No person shall drive any vehicle, other26041
than a bicycle, upon a sidewalk or sidewalk area except upon a26042
permanent or duly authorized temporary driveway.26043

       Nothing in this section shall be construed as prohibiting26044
local authorities from regulating the operation of bicycles within26045
their respective jurisdictions.26046

       (B) Except as otherwise provided in this division, whoever26047
violates this section is guilty of a minor misdemeanor. If,26048
within one year of the offense, the offender previously has been26049
convicted of or pleaded guilty to one predicate motor vehicle or26050
traffic offense, whoever violates this section is guilty of a26051
misdemeanor of the fourth degree. If, within one year of the26052
offense, the offender previously has been convicted of two or more26053
predicate motor vehicle or traffic offenses, whoever violates this26054
section is guilty of a misdemeanor of the third degree.26055

       Sec. 4511.712. (A) No driver shall enter an intersection or26056
marked crosswalk or drive onto any railroad grade crossing unless26057
there is sufficient space on the other side of the intersection,26058
crosswalk, or grade crossing to accommodate the vehicle,26059
streetcar, or trackless trolley hethe driver is operating without26060
obstructing the passage of other vehicles, streetcars, trackless26061
trolleys, pedestrians, or railroad trains, notwithstanding any26062
traffic control signal indication to proceed.26063

       (B) Except as otherwise provided in this division, whoever26064
violates this section is guilty of a minor misdemeanor. If,26065
within one year of the offense, the offender previously has been26066
convicted of or pleaded guilty to one predicate motor vehicle or26067
traffic offense, whoever violates this section is guilty of a26068
misdemeanor of the fourth degree. If, within one year of the26069
offense, the offender previously has been convicted of two or more26070
predicate motor vehicle or traffic offenses, whoever violates this26071
section is guilty of a misdemeanor of the third degree.26072

       Sec. 4511.713. (A) No person shall operate a motor vehicle,26073
snowmobile, or all-purpose vehicle upon any path set aside for the26074
exclusive use of bicycles, when an appropriate sign giving notice26075
of such use is posted on the path.26076

       Nothing in this section shall be construed to affect any rule26077
of the director of natural resources governing the operation of26078
motor vehicles, snowmobiles, all-purpose vehicles, and bicycles on26079
lands under histhe director's jurisdiction.26080

       (B) Except as otherwise provided in this division, whoever26081
violates this section is guilty of a minor misdemeanor. If,26082
within one year of the offense, the offender previously has been26083
convicted of or pleaded guilty to one predicate motor vehicle or26084
traffic offense, whoever violates this section is guilty of a26085
misdemeanor of the fourth degree. If, within one year of the26086
offense, the offender previously has been convicted of two or more26087
predicate motor vehicle or traffic offenses, whoever violates this26088
section is guilty of a misdemeanor of the third degree.26089

       Sec. 4511.72. (A) The driver of any vehicle, other than an26090
emergency vehicle or public safety vehicle on official business,26091
shall not follow any emergency vehicle or public safety vehicle26092
traveling in response to an alarm closer than five hundred feet,26093
or drive into or park such vehicle within the block where fire26094
apparatus has stopped in answer to a fire alarm, unless directed26095
to do so by a police officer or a firemanfirefighter.26096

       (B) Except as otherwise provided in this division, whoever26097
violates this section is guilty of a minor misdemeanor. If,26098
within one year of the offense, the offender previously has been26099
convicted of or pleaded guilty to one predicate motor vehicle or26100
traffic offense, whoever violates this section is guilty of a26101
misdemeanor of the fourth degree. If, within one year of the26102
offense, the offender previously has been convicted of two or more26103
predicate motor vehicle or traffic offenses, whoever violates this26104
section is guilty of a misdemeanor of the third degree.26105

       Sec. 4511.73. (A) No streetcar, trackless trolley, or26106
vehicle shall, without the consent of the fire department official26107
in command, be driven over any unprotected hose of a fire26108
department, when said hosethat is laid down on any street,26109
private driveway, or streetcar track to be used at any fire or26110
alarm of fire.26111

       (B) Except as otherwise provided in this division, whoever26112
violates this section is guilty of a minor misdemeanor. If,26113
within one year of the offense, the offender previously has been26114
convicted of or pleaded guilty to one predicate motor vehicle or26115
traffic offense, whoever violates this section is guilty of a26116
misdemeanor of the fourth degree. If, within one year of the26117
offense, the offender previously has been convicted of two or more26118
predicate motor vehicle or traffic offenses, whoever violates this26119
section is guilty of a misdemeanor of the third degree.26120

       Sec. 4511.74.  (A) No person shall place or knowingly drop26121
upon any part of a highway, lane, road, street, or alley any26122
tacks, bottles, wire, glass, nails, or other articles which may26123
damage or injure any person, vehicle, streetcar, trackless26124
trolley, or animal traveling along or upon such highway, except26125
such substances that may be placed upon the roadway by proper26126
authority for the repair or construction thereof.26127

       Any person who drops or permits to be dropped or thrown upon26128
any highway any destructive or injurious material shall26129
immediately remove the same.26130

       Any person authorized to remove a wrecked or damaged vehicle,26131
streetcar, or trackless trolley from a highway shall remove any26132
glass or other injurious substance dropped upon the highway from26133
such vehicle, streetcar, or trackless trolley.26134

       No person shall place any obstruction in or upon a highway26135
without proper authority.26136

       (B) No person, with intent to cause physical harm to a26137
person or a vehicle, shall place or knowingly drop upon any part26138
of a highway, lane, road, street, or alley any tacks, bottles,26139
wire, glass, nails, or other articles which may damage or injure26140
any person, vehicle, streetcar, trackless trolley, or animal26141
traveling along or upon such highway, except such substances that26142
may be placed upon the roadway by proper authority for the repair26143
or construction thereof.26144

       (C)(1) Except as otherwise provided in this division,26145
whoever violates division (A) of this section is guilty of a minor26146
misdemeanor. If, within one year of the offense, the offender26147
previously has been convicted of or pleaded guilty to one26148
predicate motor vehicle or traffic offense, whoever violates26149
division (A) of this section is guilty of a misdemeanor of the26150
fourth degree. If, within one year of the offense, the offender26151
previously has been convicted of two or more predicate motor26152
vehicle or traffic offenses, whoever violates division (A) of this26153
section is guilty of a misdemeanor of the third degree.26154

       (2) Whoever violates division (B) of this section is guilty26155
of a misdemeanor of the first degree.26156

       Sec. 4511.75.  (A) The driver of a vehicle, streetcar, or26157
trackless trolley upon meeting or overtaking from either direction26158
any school bus stopped for the purpose of receiving or discharging26159
any school child, person attending programs offered by community26160
boards of mental health and county boards of mental retardation26161
and developmental disabilities, or child attending a program26162
offered by a head start agency, shall stop at least ten feet from26163
the front or rear of the school bus and shall not proceed until26164
such school bus resumes motion, or until signaled by the school26165
bus driver to proceed.26166

       It is no defense to a charge under this division that the26167
school bus involved failed to display or be equipped with an26168
automatically extended stop warning sign as required by division26169
(B) of this section.26170

       (B) Every school bus shall be equipped with amber and red26171
visual signals meeting the requirements of section 4511.771 of the26172
Revised Code, and an automatically extended stop warning sign of a26173
type approved by the state board of education, which shall be26174
actuated by the driver of the bus whenever but only whenever the26175
bus is stopped or stopping on the roadway for the purpose of26176
receiving or discharging school children, persons attending26177
programs offered by community boards of mental health and county26178
boards of mental retardation and developmental disabilities, or26179
children attending programs offered by head start agencies. A26180
school bus driver shall not actuate the visual signals or the stop26181
warning sign in designated school bus loading areas where the bus26182
is entirely off the roadway or at school buildings when children26183
or persons attending programs offered by community boards of26184
mental health and county boards of mental retardation and26185
developmental disabilities are loading or unloading at curbside or26186
at buildings when children attending programs offered by head26187
start agencies are loading or unloading at curbside. The visual26188
signals and stop warning sign shall be synchronized or otherwise26189
operated as required by rule of the board.26190

       (C) Where a highway has been divided into four or more26191
traffic lanes, a driver of a vehicle, streetcar, or trackless26192
trolley need not stop for a school bus approaching from the26193
opposite direction which has stopped for the purpose of receiving26194
or discharging any school child, persons attending programs26195
offered by community boards of mental health and county boards of26196
mental retardation and developmental disabilities, or children26197
attending programs offered by head start agencies. The driver of26198
any vehicle, streetcar, or trackless trolley overtaking the school26199
bus shall comply with division (A) of this section.26200

       (D) School buses operating on divided highways or on26201
highways with four or more traffic lanes shall receive and26202
discharge all school children, persons attending programs offered26203
by community boards of mental health and county boards of mental26204
retardation and developmental disabilities, and children attending26205
programs offered by head start agencies on their residence side of26206
the highway.26207

       (E) No school bus driver shall start the driver's bus until26208
after any child, person attending programs offered by community26209
boards of mental health and county boards of mental retardation26210
and developmental disabilities, or child attending a program26211
offered by a head start agency who may have alighted therefrom has26212
reached a place of safety on the child's or person's residence26213
side of the road.26214

       (F)(1)Whoever violates division (A) of this section may be26215
fined an amount not to exceed five hundred dollars. A person who26216
is issued a citation for a violation of division (A) of this26217
section is not permitted to enter a written plea of guilty and26218
waive the person's right to contest the citation in a trial but26219
instead must appear in person in the proper court to answer the26220
charge.26221

       (2) In addition to and independent of any other penalty26222
provided by law, the court or mayor may impose upon an offender26223
who violates this section a class seven suspension of the26224
offender's driver's license, commercial driver's license,26225
temporary instruction permit, probationary license, or nonresident26226
operating privilege from the range specified in division (A)(7) of26227
section 4510.02 of the Revised Code. When a license is suspended26228
under this section, the court or mayor shall cause the offender to26229
deliver the license to the court, and the court or clerk of the26230
court immediately shall forward the license to the registrar of26231
motor vehicles, together with notice of the court's action.26232

       (G) As used in this section:26233

       (1) "Head start agency" has the same meaning as in division26234
(A)(1) of section 3301.31 of the Revised Code.26235

       (2) "School bus," as used in relation to children who attend26236
a program offered by a head start agency, means a bus that is26237
owned and operated by a head start agency, is equipped with an26238
automatically extended stop warning sign of a type approved by the26239
state board of education, is painted the color and displays the26240
markings described in section 4511.77 of the Revised Code, and is26241
equipped with amber and red visual signals meeting the26242
requirements of section 4511.771 of the Revised Code, irrespective26243
of whether or not the bus has fifteen or more children aboard at26244
any time. "School bus" does not include a van owned and operated26245
by a head start agency, irrespective of its color, lights, or26246
markings.26247

       Sec. 4511.751.  As used in this section, "license plate"26248
includes, but is not limited to, any temporary license placard26249
issued under section 4503.182 of the Revised Code or similar law26250
of another jurisdiction.26251

       When the operator of a school bus believes that a motorist26252
has violated division (A) of section 4511.75 of the Revised Code,26253
the operator shall report the license plate number and a general26254
description of the vehicle and of the operator of the vehicle to26255
the law enforcement agency exercising jurisdiction over the area26256
where the alleged violation occurred. The information contained26257
in the report relating to the license plate number and to the26258
general description of the vehicle and the operator of the vehicle26259
at the time of the alleged violation may be supplied by any person26260
with first-hand knowledge of the information. Information of which26261
the operator of the school bus has first-hand knowledge also may26262
be corroborated by any other person.26263

       Upon receipt of the report of the alleged violation of26264
division (A) of section 4511.75 of the Revised Code, the law26265
enforcement agency shall conduct an investigation to attempt to26266
determine or confirm the identity of the operator of the vehicle26267
at the time of the alleged violation. If the identity of the26268
operator at the time of the alleged violation is established, the26269
reporting of the license plate number of the vehicle shall26270
establish probable cause for the law enforcement agency to issue a26271
citation for the violation of division (A) of section 4511.75 of26272
the Revised Code. However, if the identity of the operator of the26273
vehicle at the time of the alleged violation cannot be26274
established, the law enforcement agency shall issue a warning to26275
the owner of the vehicle at the time of the alleged violation,26276
except in the case of a leased or rented vehicle when the warning26277
shall be issued to the lessee at the time of the alleged26278
violation.26279

       The registrar of motor vehicles and deputy registrars shall,26280
at the time of issuing license plates to any person, include with26281
the license plate a summary of the requirements of division (A) of26282
section 4511.75 of the Revised Code, the procedures of section26283
4507.165 of the Revised Code, and the procedures of, and penalty26284
in, division (G)(F) of section 4511.994511.75 of the Revised26285
Code.26286

       Sec. 4511.76.  (A) The department of public safety, by and26287
with the advice of the superintendent of public instruction, shall26288
adopt and enforce rules relating to the construction, design, and26289
equipment, including lighting equipment required by section26290
4511.771 of the Revised Code, of all school buses both publicly26291
and privately owned and operated in this state.26292

       (B) The department of education, by and with the advice of26293
the director of public safety, shall adopt and enforce rules26294
relating to the operation of all vehicles used for pupil26295
transportation.26296

       (C) No person shall operate a vehicle used for pupil26297
transportation within this state in violation of the rules of the26298
department of education or the department of public safety. No26299
person, being the owner thereof or having the supervisory26300
responsibility therefor, shall permit the operation of a vehicle26301
used for pupil transportation within this state in violation of26302
the rules of the department of education or the department of26303
public safety.26304

       (D) The department of public safety shall adopt and enforce26305
rules relating to the issuance of a license under section 4511.76326306
of the Revised Code. The rules may relate to the moral character26307
of the applicant; the condition of the equipment to be operated;26308
the liability and property damage insurance carried by the26309
applicant; the posting of satisfactory and sufficient bond; and26310
such other rules as the director of public safety determines26311
reasonably necessary for the safety of the pupils to be26312
transported.26313

       (E) As used in this section, "vehicle used for pupil26314
transportation" means any vehicle that is identified as such by26315
the department of education by rule and that is subject to Chapter26316
3301-83 of the Administrative Code.26317

       (F) Except as otherwise provided in this division, whoever26318
violates this section is guilty of a minor misdemeanor. If the26319
offender previously has been convicted of or pleaded guilty to one26320
or more violations of this section or section 4511.63, 4511.761,26321
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a26322
municipal ordinance that is substantially similar to any of those26323
sections, whoever violates this section is guilty of a misdemeanor26324
of the fourth degree.26325

       Sec. 4511.761. (A) The state highway patrol shall inspect26326
every school bus to ascertain whether its construction, design,26327
and equipment comply with the regulations adopted pursuant to26328
section 4511.76 of the Revised Code and all other provisions of26329
law.26330

       The superintendent of the state highway patrol shall adopt a26331
distinctive inspection decal not less than twelve inches in size,26332
and bearing the date of the inspection, which shall be affixed to26333
the outside surface of each side of each school bus which upon26334
such inspection is found to comply with the regulations adopted26335
pursuant to section 4511.76 of the Revised Code. The appearance26336
of said decal shall be changed from year to year as to shape and26337
color in order to provide easy visual inspection.26338

       No person shall operate, nor shall any person being the owner26339
thereof or having supervisory responsibility therefor permit the26340
operation of, a school bus within this state unless there are26341
displayed thereon the decals issued by the state highway patrol26342
bearing the proper date of inspection for the calendar year for26343
which the inspection decals were issued.26344

       (B) Except as otherwise provided in this division, whoever26345
violates this section is guilty of a minor misdemeanor. If the26346
offender previously has been convicted of or pleaded guilty to one26347
or more violations of this section or section 4511.63, 4511.76,26348
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a26349
municipal ordinance that is substantially similar to any of those26350
sections, whoever violates this section is guilty of a misdemeanor26351
of the fourth degree.26352

       (C) Whenever a person is found guilty in a court of record26353
of a violation of this section, the trial judge, in addition to or26354
independent of all other penalties provided by law, may suspend26355
for any period of time not exceeding three years, or cancel the26356
license of any person, partnership, association, or corporation,26357
issued under section 4511.763 of the Revised Code.26358

       Sec. 4511.762.  (A) Except as provided in division (B) of26359
this section, no person who is the owner of a bus that previously26360
was registered as a school bus that is used or is to be used26361
exclusively for purposes other than the transportation of26362
children, shall operate the bus or permit it to be operated within26363
this state unless the bus has been painted a color different from26364
that prescribed for school buses by section 4511.77 of the Revised26365
Code and painted in such a way that the words "stop" and "school26366
bus" are obliterated.26367

       (B) Any church bus that previously was registered as a26368
school bus and is registered under section 4503.07 of the Revised26369
Code may retain the paint color prescribed for school buses by26370
section 4511.77 of the Revised Code if the bus complies with all26371
of the following:26372

       (1) The words "school bus" required by section 4511.77 of26373
the Revised Code are covered or obliterated and the bus is marked26374
on the front and rear with the words "church bus" painted in black26375
lettering not less than ten inches in height;26376

       (2) The automatically extended stop warning sign required by26377
section 4511.75 of the Revised Code is removed and the word "stop"26378
required by section 4511.77 of the Revised Code is covered or26379
obliterated;26380

       (3) The flashing red and amber lights required by section26381
4511.771 of the Revised Code are covered or removed;26382

       (4) The inspection decal required by section 4511.761 of the26383
Revised Code is covered or removed;26384

       (5) The identification number assigned under section26385
4511.764 of the Revised Code and marked in black lettering on the26386
front and rear of the bus is covered or obliterated.26387

       (C) Except as otherwise provided in this division, whoever26388
violates this section is guilty of a minor misdemeanor. If the26389
offender previously has been convicted of or pleaded guilty to one26390
or more violations of this section or section 4511.63, 4511.76,26391
4511.761, 4511.764, 4511.77, or 4511.79 of the Revised Code or a26392
municipal ordinance that is substantially similar to any of those26393
sections, whoever violates this section is guilty of a misdemeanor26394
of the fourth degree.26395

       (D) Whenever a person is found guilty in a court of record26396
of a violation of this section, the trial judge, in addition to or26397
independent of all other penalties provided by law, may suspend26398
for any period of time not exceeding three years, or cancel the26399
license of any person, partnership, association, or corporation,26400
issued under section 4511.763 of the Revised Code.26401

       Sec. 4511.763. (A) No person, partnership, association, or26402
corporation shall transport pupils to or from school on a school26403
bus or enter into a contract with a board of education of any26404
school district for the transportation of pupils on a school bus,26405
without being licensed by the department of public safety.26406

       (B) Except as otherwise provided in this division, whoever26407
violates this section is guilty of a minor misdemeanor. If,26408
within one year of the offense, the offender previously has been26409
convicted of or pleaded guilty to one predicate motor vehicle or26410
traffic offense, whoever violates this section is guilty of a26411
misdemeanor of the fourth degree. If, within one year of the26412
offense, the offender previously has been convicted of two or more26413
predicate motor vehicle or traffic offenses, whoever violates this26414
section is guilty of a misdemeanor of the third degree.26415

       Sec. 4511.764. (A) The superintendent of the state highway26416
patrol shall require school buses to be registered, in the name of26417
the owner, with the state highway patrol on forms and in26418
accordance with regulations as the superintendent may adopt.26419

       When the superintendent is satisfied that the registration26420
has been completed, hethe superintendent shall assign an26421
identifying number to each school bus registered in accordance26422
with this section. The number so assigned shall be marked on the26423
front and rear of the vehicle in black lettering not less than six26424
inches in height and will remain unchanged as long as the26425
ownership of that vehicle remains the same.26426

       No person shall operate, nor shall any person, being the26427
owner thereof or having supervisory responsibility therefor,26428
permit the operation of a school bus within this state unless26429
there is displayed thereon an identifying number in accordance26430
with this section.26431

       (B) Except as otherwise provided in this division, whoever26432
violates this section is guilty of a minor misdemeanor. If the26433
offender previously has been convicted of or pleaded guilty to one26434
or more violations of section 4511.63, 4511.76, 4511.761,26435
4511.762, 4511.77, or 4511.79 of the Revised Code or a municipal26436
ordinance that is substantially similar to any of those sections,26437
whoever violates this section is guilty of a misdemeanor of the26438
fourth degree.26439

       Sec. 4511.77. (A) No person shall operate, nor shall any26440
person being the owner thereof or having supervisory26441
responsibility therefor permit the operation of, a school bus26442
within this state unless it is painted national school bus yellow26443
and is marked on both front and rear with the words "school bus"26444
in black lettering not less than eight inches in height and on the26445
rear of the bus with the word "stop" in black lettering not less26446
than ten inches in height.26447

       (B) Except as otherwise provided in this division, whoever26448
violates this section is guilty of a minor misdemeanor. If the26449
offender previously has been convicted of or pleaded guilty to one26450
or more violations of this section or section 4511.63, 4511.76,26451
4511.761, 4511.762, 4511.764, or 4511.79 of the Revised Code or a26452
municipal ordinance that is substantially similar to any of those26453
sections, whoever violates this section is guilty of a misdemeanor26454
of the fourth degree.26455

       (C) Whenever a person is found guilty in a court of record26456
of a violation of this section, the trial judge, in addition to or26457
independent of all other penalties provided by law, may suspend26458
for any period of time not exceeding three years, or cancel the26459
license of any person, partnership, association, or corporation,26460
issued under section 4511.763 of the Revised Code.26461

       Sec. 4511.771. (A) Every school bus shall, in addition to26462
any other equipment and distinctive markings required pursuant to26463
sections 4511.76, 4511.761, 4511.764, and 4511.77 of the Revised26464
Code, be equipped with signal lamps mounted as high as26465
practicable, which shall display to the front two alternately26466
flashing red lights and two alternately flashing amber lights26467
located at the same level and to the rear two alternately flashing26468
red lights and two alternately flashing amber lights located at26469
the same level, and these lights shall be visible at five hundred26470
feet in normal sunlight. The alternately flashing red lights26471
shall be spaced as widely as practicable, and the alternately26472
flashing amber lights shall be located next to them.26473

       (B) Except as otherwise provided in this division, whoever26474
violates this section is guilty of a minor misdemeanor. If,26475
within one year of the offense, the offender previously has been26476
convicted of or pleaded guilty to one predicate motor vehicle or26477
traffic offense, whoever violates this section is guilty of a26478
misdemeanor of the fourth degree. If, within one year of the26479
offense, the offender previously has been convicted of two or more26480
predicate motor vehicle or traffic offenses, whoever violates this26481
section is guilty of a misdemeanor of the third degree.26482

       Sec. 4511.772. (A) On and after the effective date of this26483
sectionMay 6, 1986, no person, school board, or governmental26484
entity shall purchase, lease, or rent a new school bus unless the26485
school bus has an occupant restraining device, as defined in26486
section 4513.263 of the Revised Code, installed for use in its26487
operator's seat.26488

       (B) Whoever violates this section is guilty of a minor26489
misdemeanor.26490

       Sec. 4511.78.  (A) As used in this section:26491

       (1) "Mass transit system" means any county transit system,26492
regional transit authority, regional transit commission,26493
municipally owned transportation system, mass transit company26494
operating exclusively within the territorial limits of a municipal26495
corporation, or within such limits and the territorial limits of26496
municipal corporations immediately contiguous to such municipal26497
corporation, and any common passenger carrier certified by the26498
public utilities commission, that provides transportation for26499
children to or from a school session or a school function.26500

       (2) "Bus" means every motor vehicle designed for carrying26501
more than nine passengers and used for the transportation of26502
persons, but does not mean any school bus as defined in section26503
4511.01 of the Revised Code.26504

       (B) Whenever a mass transit system transports children to or26505
from a school session or school function, the mass transit system26506
shall provide for:26507

       (1) Periodic safety inspections of all buses used to provide26508
transportation service. The inspections shall be based on rules26509
adopted by the public utilities commission under Chapters 4921.26510
and 4923. of the Revised Code to ensure the safety of operation of26511
motor transportation companies and private motor carriers.26512

       (2) The safety training of all drivers operating buses used26513
to provide transportation service;26514

       (3) The equipping of every bus with outside rear-view26515
mirrors meeting the motor carrier regulations for bus equipment26516
adopted by the federal highway administration. No exclusions from26517
this requirement granted under the federal regulations shall be26518
considered exclusions for the purposes of this division.26519

       (C) Except as otherwise provided in this division, whoever26520
violates this section is guilty of a minor misdemeanor. If,26521
within one year of the offense, the offender previously has been26522
convicted of or pleaded guilty to one predicate motor vehicle or26523
traffic offense, whoever violates this section is guilty of a26524
misdemeanor of the fourth degree. If, within one year of the26525
offense, the offender previously has been convicted of two or more26526
predicate motor vehicle or traffic offenses, whoever violates this26527
section is guilty of a misdemeanor of the third degree.26528

       Sec. 4511.79.  (A) No person shall drive a "commercial motor26529
vehicle" as defined in section 4506.01 of the Revised Code, or a26530
"commercial car" or "commercial tractor," as defined in section26531
4501.01 of the Revised Code, while histhe person's ability or26532
alertness is so impaired by fatigue, illness, or other causes that26533
it is unsafe for himthe person to drive such vehicle. No driver26534
shall use any drug which would adversely affect histhe driver's26535
ability or alertness.26536

       (B) No owner, as defined in section 4501.01 of the Revised26537
Code, of a "commercial motor vehicle," "commercial car," or26538
"commercial tractor," or a person employing or otherwise directing26539
the driver of such vehicle, shall require or knowingly permit a26540
driver in any such condition described in division (A) of this26541
section to drive such vehicle upon any street or highway.26542

       (C) Except as otherwise provided in this division, whoever26543
violates this section is guilty of a minor misdemeanor. If the26544
offender previously has been convicted of or pleaded guilty to one26545
or more violations of this section or section 4511.63, 4511.76,26546
4511.761, 4511.762, 4511.764, Or 4511.77 of the Revised Code or a26547
municipal ordinance that is substantially similar to any of those26548
sections, whoever violates this section is guilty of a misdemeanor26549
of the fourth degree.26550

       Sec. 4511.81.  (A) When any child who is in either or both26551
of the following categories is being transported in a motor26552
vehicle, other than a taxicab or public safety vehicle as defined26553
in section 4511.01 of the Revised Code, that is registered in this26554
state and is required by the United States department of26555
transportation to be equipped with seat belts at the time of26556
manufacture or assembly, the operator of the motor vehicle shall26557
have the child properly secured in accordance with the26558
manufacturer's instructions in a child restraint system that meets26559
federal motor vehicle safety standards:26560

       (1) A child who is less than four years of age;26561

       (2) A child who weighs less than forty pounds.26562

       (B) When any child who is in either or both of the following26563
categories is being transported in a motor vehicle, other than a26564
taxicab, that is registered in this state and is owned, leased, or26565
otherwise under the control of a nursery school, kindergarten, or26566
day-care center, the operator of the motor vehicle shall have the26567
child properly secured in accordance with the manufacturer's26568
instructions in a child restraint system that meets federal motor26569
vehicle safety standards:26570

       (1) A child who is less than four years of age;26571

       (2) A child who weighs less than forty pounds.26572

       (C) The director of public safety shall adopt such rules as26573
are necessary to carry out this section.26574

       (D) The failure of an operator of a motor vehicle to secure26575
a child in a child restraint system as required by this section is26576
not negligence imputable to the child, is not admissible as26577
evidence in any civil action involving the rights of the child26578
against any other person allegedly liable for injuries to the26579
child, is not to be used as a basis for a criminal prosecution of26580
the operator of the motor vehicle other than a prosecution for a26581
violation of this section, and is not admissible as evidence in26582
any criminal action involving the operator of the motor vehicle26583
other than a prosecution for a violation of this section.26584

       (E) This section does not apply when an emergency exists26585
that threatens the life of any person operating a motor vehicle26586
and to whom this section otherwise would apply or the life of any26587
child who otherwise would be required to be restrained under this26588
section.26589

       (F) If a person who is not a resident of this state is26590
charged with a violation of division (A) or (B) of this section26591
and does not prove to the court, by a preponderance of the26592
evidence, that the person's use or nonuse of a child restraint26593
system was in accordance with the law of the state of which the26594
person is a resident, the court shall impose the fine levied by26595
division (H)(2) of this section 4511.99 of the Revised Code.26596

       (G) There is hereby created in the state treasury the "child26597
highway safety fund," consisting of fines imposed pursuant to26598
divisions (H)(1) and (2) of this section 4511.99 of the Revised 26599
Code for violations of divisions (A) and (B) of this section. The26600
money in the fund shall be used by the department of health only26601
to defray the cost of designating hospitals as pediatric trauma26602
centers under section 3727.081 of the Revised Code and to26603
establish and administer a child highway safety program. The26604
purpose of the program shall be to educate the public about child26605
restraint systems generally and the importance of their proper26606
use. The program also shall include a process for providing child26607
restraint systems to persons who meet the eligibility criteria26608
established by the department, and a toll-free telephone number26609
the public may utilize to obtain information about child restraint26610
systems and their proper use.26611

       The director of health, in accordance with Chapter 119. of26612
the Revised Code, shall adopt any rules necessary to carry out26613
this section, including rules establishing the criteria a person26614
must meet in order to receive a child restraint system under the26615
department's child restraint system program; provided that rules26616
relating to the verification of pediatric trauma centers shall not26617
be adopted under this section.26618

       (H)(1) Whoever is a resident of this state and violates26619
division (A) or (B) of this section shall be punished as follows:26620

       (a) Except as otherwise provided in division (H)(1)(b) of26621
this section, the offender is guilty of a minor misdemeanor.26622

       (b) If the offender previously has been convicted of or26623
pleaded guilty to a violation of division (A) or (B) of this26624
section or of a municipal ordinance that is substantially similar26625
to either of those divisions, the offender is guilty of a26626
misdemeanor of the fourth degree.26627

       (2) Whoever is not a resident of this state, violates26628
division (A) or (B) of this section, and fails to prove by a26629
preponderance of the evidence that the offender's use or nonuse of26630
a child restraint system was in accordance with the law of the26631
state of which the offender is a resident is guilty of a minor26632
misdemeanor on a first offense; on a second or subsequent offense,26633
that person is guilty of a misdemeanor of the fourth degree.26634

       (3) All fines imposed pursuant to division (H)(1) or (2) of26635
this section shall be forwarded to the treasurer of state for26636
deposit in the "child highway safety fund" created by division (G)26637
of this section. 26638

       Sec. 4511.82.  (A) No operator or occupant of a motor26639
vehicle shall, regardless of intent, throw, drop, discard, or26640
deposit litter from any motor vehicle in operation upon any26641
street, road, or highway, except into a litter receptacle in a26642
manner that prevents its being carried away or deposited by the26643
elements.26644

       (B) No operator of a motor vehicle in operation upon any26645
street, road, or highway shall allow litter to be thrown, dropped,26646
discarded, or deposited from the motor vehicle, except into a26647
litter receptacle in a manner that prevents its being carried away26648
or deposited by the elements.26649

       (C) Whoever violates division (A) or (B) of this section is26650
guilty of a minor misdemeanor.26651

       (D) As used in this section, "litter" means garbage, trash,26652
waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes,26653
automobile parts, furniture, glass, or anything else of an26654
unsightly or unsanitary nature.26655

       Sec. 4511.84.  (A) No person shall operate a motor vehicle26656
while wearing earphones over, or earplugs in, both ears. As used26657
in this section, "earphones" means any headset, radio, tape26658
player, or other similar device that provides the listener with26659
radio programs, music, or other recorded information through a26660
device attached to the head and that covers all or a portion of26661
both ears. "Earphones" does not include speakers or other26662
listening devices that are built into protective headgear.26663

       (B) This section does not apply to:26664

       (1) Any person wearing a hearing aid;26665

       (2) Law enforcement personnel while on duty;26666

       (3) Fire department personnel and emergency medical service26667
personnel while on duty;26668

       (4) Any person engaged in the operation of equipment for use26669
in the maintenance or repair of any highway;26670

       (5) Any person engaged in the operation of refuse collection26671
equipment.26672

       (C) Except as otherwise provided in this division, whoever26673
violates this section is guilty of a minor misdemeanor. If,26674
within one year of the offense, the offender previously has been26675
convicted of or pleaded guilty to one predicate motor vehicle or26676
traffic offense, whoever violates this section is guilty of a26677
misdemeanor of the fourth degree. If, within one year of the26678
offense, the offender previously has been convicted of two or more26679
predicate motor vehicle or traffic offenses, whoever violates this26680
section is guilty of a misdemeanor of the third degree.26681

       Sec. 4511.85.  (A) The operator of a chauffeured limousine26682
shall accept passengers only on the basis of prearranged26683
contracts, as defined in division (LL) of section 4501.01 of the26684
Revised Code, and shall not cruise in search of patronage unless26685
the limousine is in compliance with any statute or ordinance26686
governing the operation of taxicabs or other similar vehicles for26687
hire.26688

       (B) No person shall advertise or hold self out as doing26689
business as a limousine service or livery service or other similar26690
designation unless each vehicle used by the person to provide the26691
service is registered in accordance with section 4503.24 of the26692
Revised Code and is in compliance with section 4509.80 of the26693
Revised Code.26694

       (C) Whoever violates this section is guilty of a misdemeanor26695
of the first degree.26696

       Sec. 4511.99. (A) Whoever violates division (A)(1), (2),26697
(3), or (4) of section 4511.19 of the Revised Code, in addition to26698
the license suspension or revocation provided in section 4507.1626699
of the Revised Code and any disqualification imposed under section26700
4506.16 of the Revised Code, shall be punished as provided in26701
division (A)(1), (2), (3), or (4) of this section. Whoever26702
violates division (A)(5), (6), or (7) of section 4511.19 of the26703
Revised Code, in addition to the license suspension or revocation26704
provided in section 4507.16 of the Revised Code and any26705
disqualification imposed under section 4506.16 of the Revised26706
Code, shall be punished as provided in division (A)(5), (6), (7),26707
or (8) of this section.26708

       (1) Except as otherwise provided in division (A)(2), (3), or26709
(4) of this section, the offender is guilty of a misdemeanor of26710
the first degree and the court shall sentence the offender to a26711
term of imprisonment of three consecutive days and may sentence26712
the offender pursuant to section 2929.21 of the Revised Code to a26713
longer term of imprisonment. In addition, the court shall impose26714
upon the offender a fine of not less than two hundred fifty and26715
not more than one thousand dollars.26716

       The court may suspend the execution of the mandatory three26717
consecutive days of imprisonment that it is required to impose by26718
this division, if the court, in lieu of the suspended term of26719
imprisonment, places the offender on probation and requires the26720
offender to attend, for three consecutive days, a drivers'26721
intervention program that is certified pursuant to section 3793.1026722
of the Revised Code. The court also may suspend the execution of26723
any part of the mandatory three consecutive days of imprisonment26724
that it is required to impose by this division, if the court26725
places the offender on probation for part of the three consecutive26726
days; requires the offender to attend, for that part of the three26727
consecutive days, a drivers' intervention program that is26728
certified pursuant to section 3793.10 of the Revised Code; and26729
sentences the offender to a term of imprisonment equal to the26730
remainder of the three consecutive days that the offender does not26731
spend attending the drivers' intervention program. The court may26732
require the offender, as a condition of probation, to attend and26733
satisfactorily complete any treatment or education programs that26734
comply with the minimum standards adopted pursuant to Chapter26735
3793. of the Revised Code by the director of alcohol and drug26736
addiction services, in addition to the required attendance at a26737
drivers' intervention program, that the operators of the drivers'26738
intervention program determine that the offender should attend and26739
to report periodically to the court on the offender's progress in26740
the programs. The court also may impose any other conditions of26741
probation on the offender that it considers necessary.26742

       Of the fine imposed pursuant to this division, twenty-five26743
dollars shall be paid to an enforcement and education fund26744
established by the legislative authority of the law enforcement26745
agency in this state that primarily was responsible for the arrest26746
of the offender, as determined by the court that imposes the fine.26747
This share shall be used by the agency to pay only those costs it26748
incurs in enforcing section 4511.19 of the Revised Code or a26749
substantially similar municipal ordinance and in informing the26750
public of the laws governing the operation of a motor vehicle26751
while under the influence of alcohol, the dangers of operating a26752
motor vehicle while under the influence of alcohol, and other26753
information relating to the operation of a motor vehicle and the26754
consumption of alcoholic beverages. Fifty dollars of the fine26755
imposed pursuant to this division shall be paid to the political26756
subdivision that pays the cost of housing the offender during the26757
offender's term of incarceration to the credit of the fund that26758
pays the cost of the incarceration. If the offender was confined26759
as a result of the offense prior to being sentenced for the26760
offense but is not sentenced to a term of incarceration, the fifty26761
dollars shall be paid to the political subdivision that paid the26762
cost of housing the offender during that period of confinement.26763
The political subdivision shall use this share to pay or reimburse26764
incarceration or treatment costs it incurs in housing or providing26765
drug and alcohol treatment to persons who violate section 4511.1926766
of the Revised Code or a substantially similar municipal ordinance26767
and to pay for ignition interlock devices and electronic house26768
arrest equipment for persons who violate that section. 26769
Twenty-five dollars of the fine imposed pursuant to this division26770
shall be deposited into the county indigent drivers alcohol26771
treatment fund or municipal indigent drivers alcohol treatment26772
fund under the control of that court, as created by the county or26773
municipal corporation pursuant to division (N) of section 4511.19126774
of the Revised Code. The balance of the fine shall be disbursed26775
as otherwise provided by law.26776

       (2)(a) Except as otherwise provided in division (A)(4) of26777
this section, the offender is guilty of a misdemeanor of the first26778
degree, and, except as provided in this division, the court shall26779
sentence the offender to a term of imprisonment of ten consecutive26780
days and may sentence the offender pursuant to section 2929.21 of26781
the Revised Code to a longer term of imprisonment if, within six26782
years of the offense, the offender has been convicted of or26783
pleaded guilty to one violation of the following:26784

       (i) Division (A) or (B) of section 4511.19 of the Revised26785
Code;26786

       (ii) A municipal ordinance relating to operating a vehicle26787
while under the influence of alcohol, a drug of abuse, or alcohol26788
and a drug of abuse;26789

       (iii) A municipal ordinance relating to operating a vehicle26790
with a prohibited concentration of alcohol in the blood, breath,26791
or urine;26792

       (iv) Section 2903.04 of the Revised Code in a case in which26793
the offender was subject to the sanctions described in division26794
(D) of that section;26795

       (v) Division (A)(1) of section 2903.06 or division (A)(1) of26796
section 2903.08 of the Revised Code or a municipal ordinance that26797
is substantially similar to either of those divisions;26798

       (vi) Division (A)(2), (3), or (4) of section 2903.06,26799
division (A)(2) of section 2903.08, or former section 2903.07 of26800
the Revised Code, or a municipal ordinance that is substantially26801
similar to any of those divisions or that former section, in a26802
case in which the jury or judge found that the offender was under26803
the influence of alcohol, a drug of abuse, or alcohol and a drug26804
of abuse;26805

       (vii) A statute of the United States or of any other state26806
or a municipal ordinance of a municipal corporation located in any26807
other state that is substantially similar to division (A) or (B)26808
of section 4511.19 of the Revised Code.26809

       As an alternative to the term of imprisonment required to be26810
imposed by this division, but subject to division (A)(12) of this26811
section, the court may impose upon the offender a sentence26812
consisting of both a term of imprisonment of five consecutive days26813
and not less than eighteen consecutive days of electronically26814
monitored house arrest as defined in division (A) of section26815
2929.23 of the Revised Code. The five consecutive days of26816
imprisonment and the period of electronically monitored house26817
arrest shall not exceed six months. The five consecutive days of26818
imprisonment do not have to be served prior to or consecutively26819
with the period of electronically monitored house arrest.26820

       In addition, the court shall impose upon the offender a fine26821
of not less than three hundred fifty and not more than one26822
thousand five hundred dollars.26823

       In addition to any other sentence that it imposes upon the26824
offender, the court may require the offender to attend a drivers'26825
intervention program that is certified pursuant to section 3793.1026826
of the Revised Code. If the officials of the drivers'26827
intervention program determine that the offender is alcohol26828
dependent, they shall notify the court, and the court shall order26829
the offender to obtain treatment through an alcohol and drug26830
addiction program authorized by section 3793.02 of the Revised26831
Code. The cost of the treatment shall be paid by the offender.26832

       Of the fine imposed pursuant to this division, thirty-five26833
dollars shall be paid to an enforcement and education fund26834
established by the legislative authority of the law enforcement26835
agency in this state that primarily was responsible for the arrest26836
of the offender, as determined by the court that imposes the fine.26837
This share shall be used by the agency to pay only those costs it26838
incurs in enforcing section 4511.19 of the Revised Code or a26839
substantially similar municipal ordinance and in informing the26840
public of the laws governing the operation of a motor vehicle26841
while under the influence of alcohol, the dangers of operating a26842
motor vehicle while under the influence of alcohol, and other26843
information relating to the operation of a motor vehicle and the26844
consumption of alcoholic beverages. One hundred fifteen dollars26845
of the fine imposed pursuant to this division shall be paid to the26846
political subdivision that pays the cost of housing the offender26847
during the offender's term of incarceration. This share shall be26848
used by the political subdivision to pay or reimburse26849
incarceration or treatment costs it incurs in housing or providing26850
drug and alcohol treatment to persons who violate section 4511.1926851
of the Revised Code or a substantially similar municipal ordinance26852
and to pay for ignition interlock devices and electronic house26853
arrest equipment for persons who violate that section, and shall26854
be paid to the credit of the fund that pays the cost of the26855
incarceration. Fifty dollars of the fine imposed pursuant to this26856
division shall be deposited into the county indigent drivers26857
alcohol treatment fund or municipal indigent drivers alcohol26858
treatment fund under the control of that court, as created by the26859
county or municipal corporation pursuant to division (N) of26860
section 4511.191 of the Revised Code. The balance of the fine26861
shall be disbursed as otherwise provided by law.26862

       (b) Regardless of whether the vehicle the offender was26863
operating at the time of the offense is registered in the26864
offender's name or in the name of another person, the court, in26865
addition to the penalties imposed under division (A)(2)(a) of this26866
section and all other penalties provided by law and subject to26867
section 4503.235 of the Revised Code, shall order the26868
immobilization for ninety days of the vehicle the offender was26869
operating at the time of the offense and the impoundment for26870
ninety days of the identification license plates of that vehicle.26871
The order for the immobilization and impoundment shall be issued26872
and enforced in accordance with section 4503.233 of the Revised26873
Code.26874

       (3)(a) Except as otherwise provided in division (A)(4) of26875
this section and except as provided in this division, if, within26876
six years of the offense, the offender has been convicted of or26877
pleaded guilty to two violations identified in division (A)(2) of26878
this section, the court shall sentence the offender to a term of26879
imprisonment of thirty consecutive days and may sentence the26880
offender to a longer definite term of imprisonment of not more26881
than one year. As an alternative to the term of imprisonment26882
required to be imposed by this division, but subject to division26883
(A)(12) of this section, the court may impose upon the offender a26884
sentence consisting of both a term of imprisonment of fifteen26885
consecutive days and not less than fifty-five consecutive days of26886
electronically monitored house arrest as defined in division (A)26887
of section 2929.23 of the Revised Code. The fifteen consecutive26888
days of imprisonment and the period of electronically monitored26889
house arrest shall not exceed one year. The fifteen consecutive26890
days of imprisonment do not have to be served prior to or26891
consecutively with the period of electronically monitored house26892
arrest.26893

       In addition, the court shall impose upon the offender a fine26894
of not less than five hundred fifty and not more than two thousand26895
five hundred dollars.26896

       In addition to any other sentence that it imposes upon the26897
offender, the court shall require the offender to attend an26898
alcohol and drug addiction program authorized by section 3793.0226899
of the Revised Code. The cost of the treatment shall be paid by26900
the offender. If the court determines that the offender is unable26901
to pay the cost of attendance at the treatment program, the court26902
may order that payment of the cost of the offender's attendance at26903
the treatment program be made from that court's indigent drivers26904
alcohol treatment fund.26905

       Of the fine imposed pursuant to this division, one hundred26906
twenty-three dollars shall be paid to an enforcement and education26907
fund established by the legislative authority of the law26908
enforcement agency in this state that primarily was responsible26909
for the arrest of the offender, as determined by the court that26910
imposes the fine. This share shall be used by the agency to pay26911
only those costs it incurs in enforcing section 4511.19 of the26912
Revised Code or a substantially similar municipal ordinance and in26913
informing the public of the laws governing the operation of a26914
motor vehicle while under the influence of alcohol, the dangers of26915
operating a motor vehicle while under the influence of alcohol,26916
and other information relating to the operation of a motor vehicle26917
and the consumption of alcoholic beverages. Two hundred26918
seventy-seven dollars of the fine imposed pursuant to this26919
division shall be paid to the political subdivision that pays the26920
cost of housing the offender during the offender's term of26921
incarceration. This share shall be used by the political26922
subdivision to pay or reimburse incarceration or treatment costs26923
it incurs in housing or providing drug and alcohol treatment to26924
persons who violate section 4511.19 of the Revised Code or a26925
substantially similar municipal ordinance and to pay for ignition26926
interlock devices and electronic house arrest equipment for26927
persons who violate that section and shall be paid to the credit26928
of the fund that pays the cost of incarceration. The balance of26929
the fine shall be disbursed as otherwise provided by law.26930

       (b) Regardless of whether the vehicle the offender was26931
operating at the time of the offense is registered in the26932
offender's name or in the name of another person, the court, in26933
addition to the penalties imposed under division (A)(3)(a) of this26934
section and all other penalties provided by law and subject to26935
section 4503.235 of the Revised Code, shall order the criminal26936
forfeiture to the state of the vehicle the offender was operating26937
at the time of the offense. The order of criminal forfeiture26938
shall be issued and enforced in accordance with section 4503.23426939
of the Revised Code.26940

       (4)(a)(i) If, within six years of the offense, the offender26941
has been convicted of or pleaded guilty to three or more26942
violations identified in division (A)(2) of this section, and if26943
sentence is not required to be imposed under division26944
(A)(4)(a)(ii) of this section, the offender is guilty of a felony26945
of the fourth degree and, notwithstanding division (A)(4) of26946
section 2929.14 of the Revised Code, may be sentenced to a26947
definite prison term that shall be not less than six months and26948
not more than thirty months. The court shall sentence the26949
offender in accordance with sections 2929.11 to 2929.19 of the26950
Revised Code and shall impose as part of the sentence either a26951
mandatory term of local incarceration of sixty consecutive days of26952
imprisonment in accordance with division (G)(1) of section 2929.1326953
of the Revised Code or a mandatory prison term of sixty26954
consecutive days of imprisonment in accordance with division26955
(G)(2) of that section. If the court requires the offender to26956
serve a mandatory term of local incarceration of sixty consecutive26957
days of imprisonment in accordance with division (G)(1) of section26958
2929.13 of the Revised Code, the court, pursuant to section26959
2929.17 of the Revised Code, may impose upon the offender a26960
sentence that includes a term of electronically monitored house26961
arrest, provided that the term of electronically monitored house26962
arrest shall not commence until after the offender has served the26963
mandatory term of local incarceration.26964

       (ii) If the offender previously has been convicted of or26965
pleaded guilty to a violation of division (A) of section 4511.1926966
of the Revised Code under circumstances in which the violation was26967
a felony, regardless of when the prior violation and the prior26968
conviction or guilty plea occurred, the offender is guilty of a26969
felony of the third degree. The court shall sentence the offender26970
in accordance with sections 2929.11 to 2929.19 of the Revised Code26971
and shall impose as part of the sentence a mandatory prison term26972
of sixty consecutive days of imprisonment in accordance with26973
division (G)(2) of section 2929.13 of the Revised Code.26974

       (iii) In addition to all other sanctions imposed on an26975
offender under division (A)(4)(a)(i) or (ii) of this section, the26976
court shall impose upon the offender, pursuant to section 2929.1826977
of the Revised Code, a fine of not less than eight hundred nor26978
more than ten thousand dollars.26979

       In addition to any other sanction that it imposes upon the26980
offender under division (A)(4)(a)(i) or (ii) of this section, the26981
court shall require the offender to attend an alcohol and drug26982
addiction program authorized by section 3793.02 of the Revised26983
Code. The cost of the treatment shall be paid by the offender. If26984
the court determines that the offender is unable to pay the cost26985
of attendance at the treatment program, the court may order that26986
payment of the cost of the offender's attendance at the treatment26987
program be made from the court's indigent drivers alcohol26988
treatment fund.26989

       Of the fine imposed pursuant to this division, two hundred26990
ten dollars shall be paid to an enforcement and education fund26991
established by the legislative authority of the law enforcement26992
agency in this state that primarily was responsible for the arrest26993
of the offender, as determined by the court that imposes the fine.26994
This share shall be used by the agency to pay only those costs it26995
incurs in enforcing section 4511.19 of the Revised Code or a26996
substantially similar municipal ordinance and in informing the26997
public of the laws governing operation of a motor vehicle while26998
under the influence of alcohol, the dangers of operation of a26999
motor vehicle while under the influence of alcohol, and other27000
information relating to the operation of a motor vehicle and the27001
consumption of alcoholic beverages. Four hundred forty dollars of27002
the fine imposed pursuant to this division shall be paid to the27003
political subdivision that pays the cost of housing the offender27004
during the offender's term of incarceration. This share shall be27005
used by the political subdivision to pay or reimburse27006
incarceration or treatment costs it incurs in housing or providing27007
drug and alcohol treatment to persons who violate section 4511.1927008
of the Revised Code or a substantially similar municipal ordinance27009
and to pay for ignition interlock devices and electronic house27010
arrest equipment for persons who violate that section, and shall27011
be paid to the credit of the fund that pays the cost of27012
incarceration. The balance of the fine shall be disbursed as27013
otherwise provided by law.27014

       (b) Regardless of whether the vehicle the offender was27015
operating at the time of the offense is registered in the27016
offender's name or in the name of another person, the court, in27017
addition to the sanctions imposed under division (A)(4)(a) of this27018
section and all other sanctions provided by law and subject to27019
section 4503.235 of the Revised Code, shall order the criminal27020
forfeiture to the state of the vehicle the offender was operating27021
at the time of the offense. The order of criminal forfeiture27022
shall be issued and enforced in accordance with section 4503.23427023
of the Revised Code.27024

       (c) As used in division (A)(4)(a) of this section,27025
"mandatory prison term" and "mandatory term of local27026
incarceration" have the same meanings as in section 2929.01 of the27027
Revised Code.27028

       If title to a motor vehicle that is subject to an order for27029
criminal forfeiture under this section is assigned or transferred27030
and division (C)(2) or (3) of section 4503.234 of the Revised Code27031
applies, in addition to or independent of any other penalty27032
established by law, the court may fine the offender the value of27033
the vehicle as determined by publications of the national auto27034
dealer's association. The proceeds from any fine imposed under27035
this division shall be distributed in accordance with division27036
(D)(4) of section 4503.234 of the Revised Code.27037

       (5)(a) Except as otherwise provided in division (A)(6), (7),27038
or (8) of this section, the offender is guilty of a misdemeanor of27039
the first degree, and the court shall sentence the offender to one27040
of the following:27041

       (i) A term of imprisonment of at least three consecutive27042
days and a requirement that the offender attend, for three27043
consecutive days, a drivers' intervention program that is27044
certified pursuant to section 3793.10 of the Revised Code;27045

       (ii) If the court determines that the offender is not27046
conducive to treatment in the program, if the offender refuses to27047
attend the program, or if the place of imprisonment can provide a27048
drivers' intervention program, a term of imprisonment of at least27049
six consecutive days.27050

       (b) In addition, the court shall impose upon the offender a27051
fine of not less than two hundred fifty and not more than one27052
thousand dollars.27053

       The court may require the offender, as a condition of27054
probation, to attend and satisfactorily complete any treatment or27055
education programs that comply with the minimum standards adopted27056
pursuant to Chapter 3793. of the Revised Code by the director of27057
alcohol and drug addiction services, in addition to the required27058
attendance at a drivers' intervention program, that the operators27059
of the drivers' intervention program determine that the offender27060
should attend and to report periodically to the court on the27061
offender's progress in the programs. The court also may impose27062
any other conditions of probation on the offender that it27063
considers necessary.27064

       Of the fine imposed pursuant to this division, twenty-five27065
dollars shall be paid to an enforcement and education fund27066
established by the legislative authority of the law enforcement27067
agency in this state that primarily was responsible for the arrest27068
of the offender, as determined by the court that imposes the fine.27069
The agency shall use this share to pay only those costs it incurs27070
in enforcing section 4511.19 of the Revised Code or a27071
substantially similar municipal ordinance and in informing the27072
public of the laws governing the operation of a motor vehicle27073
while under the influence of alcohol, the dangers of operating a27074
motor vehicle while under the influence of alcohol, and other27075
information relating to the operation of a motor vehicle and the27076
consumption of alcoholic beverages. Fifty dollars of the fine27077
imposed pursuant to this division shall be paid to the political27078
subdivision that pays the cost of housing the offender during the27079
offender's term of incarceration to the credit of the fund that27080
pays the cost of the incarceration. The political subdivision27081
shall use this share to pay or reimburse incarceration or27082
treatment costs it incurs in housing or providing drug and alcohol27083
treatment to persons who violate section 4511.19 of the Revised27084
Code or a substantially similar municipal ordinance and to pay for27085
ignition interlock devices and electronic house arrest equipment27086
for persons who violate that section. Twenty-five dollars of the27087
fine imposed pursuant to this division shall be deposited into the27088
county indigent drivers alcohol treatment fund or municipal27089
indigent drivers alcohol treatment fund under the control of that27090
court, as created by the county or municipal corporation pursuant27091
to division (N) of section 4511.191 of the Revised Code. The27092
balance of the fine shall be disbursed as otherwise provided by27093
law.27094

       (6)(a) Except as otherwise provided in division (A)(8) of27095
this section and except as provided in this division, if, within27096
six years of the offense, the offender has been convicted of or27097
pleaded guilty to one violation of division (A) or (B) of section27098
4511.19 of the Revised Code, a municipal ordinance relating to27099
operating a vehicle while under the influence of alcohol, a drug27100
of abuse, or alcohol and a drug of abuse, a municipal ordinance27101
relating to operating a vehicle with a prohibited concentration of27102
alcohol in the blood, breath, or urine, section 2903.04 of the27103
Revised Code in a case in which the offender was subject to the27104
sanctions described in division (D) of that section, section27105
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal27106
ordinance that is substantially similar to section 2903.07 of the27107
Revised Code in a case in which the jury or judge found that the27108
offender was under the influence of alcohol, a drug of abuse, or27109
alcohol and a drug of abuse, or a statute of the United States or27110
of any other state or a municipal ordinance of a municipal27111
corporation located in any other state that is substantially27112
similar to division (A) or (B) of section 4511.19 of the Revised27113
Code, the offender is guilty of a misdemeanor of the first degree,27114
and the court shall sentence the offender to a term of27115
imprisonment of twenty consecutive days and may sentence the27116
offender pursuant to section 2929.21 of the Revised Code to a27117
longer term of imprisonment. As an alternative to the term of27118
imprisonment required to be imposed by this division, but subject27119
to division (A)(12) of this section, the court may impose upon the27120
offender a sentence consisting of both a term of imprisonment of27121
ten consecutive days and not less than thirty-six consecutive days27122
of electronically monitored house arrest as defined in division27123
(A) of section 2929.23 of the Revised Code. The ten consecutive27124
days of imprisonment and the period of electronically monitored27125
house arrest shall not exceed six months. The ten consecutive27126
days of imprisonment do not have to be served prior to or27127
consecutively with the period of electronically monitored house27128
arrest.27129

       In addition, the court shall impose upon the offender a fine27130
of not less than three hundred fifty and not more than one27131
thousand five hundred dollars.27132

       In addition to any other sentence that it imposes upon the27133
offender, the court may require the offender to attend a drivers'27134
intervention program that is certified pursuant to section 3793.1027135
of the Revised Code. If the officials of the drivers'27136
intervention program determine that the offender is alcohol27137
dependent, they shall notify the court, and the court shall order27138
the offender to obtain treatment through an alcohol and drug27139
addiction program authorized by section 3793.02 of the Revised27140
Code. The offender shall pay the cost of the treatment.27141

       Of the fine imposed pursuant to this division, thirty-five27142
dollars shall be paid to an enforcement and education fund27143
established by the legislative authority of the law enforcement27144
agency in this state that primarily was responsible for the arrest27145
of the offender, as determined by the court that imposes the fine.27146
The agency shall use this share to pay only those costs it incurs27147
in enforcing section 4511.19 of the Revised Code or a27148
substantially similar municipal ordinance and in informing the27149
public of the laws governing the operation of a motor vehicle27150
while under the influence of alcohol, the dangers of operating a27151
motor vehicle while under the influence of alcohol, and other27152
information relating to the operation of a motor vehicle and the27153
consumption of alcoholic beverages. One hundred fifteen dollars27154
of the fine imposed pursuant to this division shall be paid to the27155
political subdivision that pays the cost of housing the offender27156
during the offender's term of incarceration. The political27157
subdivision shall use this share to pay or reimburse incarceration27158
or treatment costs it incurs in housing or providing drug and27159
alcohol treatment to persons who violate section 4511.19 of the27160
Revised Code or a substantially similar municipal ordinance and to27161
pay for ignition interlock devices and electronic house arrest27162
equipment for persons who violate that section, and this share27163
shall be paid to the credit of the fund that pays the cost of the27164
incarceration. Fifty dollars of the fine imposed pursuant to this27165
division shall be deposited into the county indigent drivers27166
alcohol treatment fund or municipal indigent drivers alcohol27167
treatment fund under the control of that court, as created by the27168
county or municipal corporation pursuant to division (N) of27169
section 4511.191 of the Revised Code. The balance of the fine27170
shall be disbursed as otherwise provided by law.27171

       (b) Regardless of whether the vehicle the offender was27172
operating at the time of the offense is registered in the27173
offender's name or in the name of another person, the court, in27174
addition to the penalties imposed under division (A)(6)(a) of this27175
section and all other penalties provided by law and subject to27176
section 4503.235 of the Revised Code, shall order the27177
immobilization for ninety days of the vehicle the offender was27178
operating at the time of the offense and the impoundment for27179
ninety days of the identification license plates of that vehicle.27180
The order for the immobilization and impoundment shall be issued27181
and enforced in accordance with section 4503.233 of the Revised27182
Code.27183

       (7)(a) Except as otherwise provided in division (A)(8) of27184
this section and except as provided in this division, if, within27185
six years of the offense, the offender has been convicted of or27186
pleaded guilty to two violations of division (A) or (B) of section27187
4511.19 of the Revised Code, a municipal ordinance relating to27188
operating a vehicle while under the influence of alcohol, a drug27189
of abuse, or alcohol and a drug of abuse, a municipal ordinance27190
relating to operating a vehicle with a prohibited concentration of27191
alcohol in the blood, breath, or urine, section 2903.04 of the27192
Revised Code in a case in which the offender was subject to the27193
sanctions described in division (D) of that section, section27194
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal27195
ordinance that is substantially similar to section 2903.07 of the27196
Revised Code in a case in which the jury or judge found that the27197
offender was under the influence of alcohol, a drug of abuse, or27198
alcohol and a drug of abuse, or a statute of the United States or27199
of any other state or a municipal ordinance of a municipal27200
corporation located in any other state that is substantially27201
similar to division (A) or (B) of section 4511.19 of the Revised27202
Code, the court shall sentence the offender to a term of27203
imprisonment of sixty consecutive days and may sentence the27204
offender to a longer definite term of imprisonment of not more27205
than one year. As an alternative to the term of imprisonment27206
required to be imposed by this division, but subject to division27207
(A)(12) of this section, the court may impose upon the offender a27208
sentence consisting of both a term of imprisonment of thirty27209
consecutive days and not less than one hundred ten consecutive27210
days of electronically monitored house arrest as defined in27211
division (A) of section 2929.23 of the Revised Code. The thirty27212
consecutive days of imprisonment and the period of electronically27213
monitored house arrest shall not exceed one year. The thirty27214
consecutive days of imprisonment do not have to be served prior to27215
or consecutively with the period of electronically monitored house27216
arrest.27217

       In addition, the court shall impose upon the offender a fine27218
of not less than five hundred fifty and not more than two thousand27219
five hundred dollars.27220

       In addition to any other sentence that it imposes upon the27221
offender, the court shall require the offender to attend an27222
alcohol and drug addiction program authorized by section 3793.0227223
of the Revised Code. The offender shall pay the cost of the27224
treatment. If the court determines that the offender is unable to27225
pay the cost of attendance at the treatment program, the court may27226
order that payment of the cost of the offender's attendance at the27227
treatment program be made from that court's indigent drivers27228
alcohol treatment fund.27229

       Of the fine imposed pursuant to this division, one hundred27230
twenty-three dollars shall be paid to an enforcement and education27231
fund established by the legislative authority of the law27232
enforcement agency in this state that primarily was responsible27233
for the arrest of the offender, as determined by the court that27234
imposes the fine. The agency shall use this share to pay only27235
those costs it incurs in enforcing section 4511.19 of the Revised27236
Code or a substantially similar municipal ordinance and in27237
informing the public of the laws governing the operation of a27238
motor vehicle while under the influence of alcohol, the dangers of27239
operating a motor vehicle while under the influence of alcohol,27240
and other information relating to the operation of a motor vehicle27241
and the consumption of alcoholic beverages. Two hundred27242
seventy-seven dollars of the fine imposed pursuant to this27243
division shall be paid to the political subdivision that pays the27244
cost of housing the offender during the offender's term of27245
incarceration. The political subdivision shall use this share to27246
pay or reimburse incarceration or treatment costs it incurs in27247
housing or providing drug and alcohol treatment to persons who27248
violate section 4511.19 of the Revised Code or a substantially27249
similar municipal ordinance and to pay for ignition interlock27250
devices and electronic house arrest equipment for persons who27251
violate that section, and this share shall be paid to the credit27252
of the fund that pays the cost of incarceration. The balance of27253
the fine shall be disbursed as otherwise provided by law.27254

       (b) Regardless of whether the vehicle the offender was27255
operating at the time of the offense is registered in the27256
offender's name or in the name of another person, the court, in27257
addition to the penalties imposed under division (A)(7)(a) of this27258
section and all other penalties provided by law and subject to27259
section 4503.235 of the Revised Code, shall order the27260
immobilization for one hundred eighty days of the vehicle the27261
offender was operating at the time of the offense and the27262
impoundment for one hundred eighty days of the identification27263
license plates of that vehicle. The order for the immobilization27264
and impoundment shall be issued and enforced in accordance with27265
section 4503.233 of the Revised Code.27266

       (8)(a)(i) If, within six years of the offense, the offender27267
has been convicted of or pleaded guilty to three or more27268
violations of division (A) or (B) of section 4511.19 of the27269
Revised Code, a municipal ordinance relating to operating a27270
vehicle while under the influence of alcohol, a drug of abuse, or27271
alcohol and a drug of abuse, a municipal ordinance relating to27272
operating a vehicle with a prohibited concentration of alcohol in27273
the blood, breath, or urine, section 2903.04 of the Revised Code27274
in a case in which the offender was subject to the sanctions27275
described in division (D) of that section, section 2903.06,27276
2903.07, or 2903.08 of the Revised Code or a municipal ordinance27277
that is substantially similar to section 2903.07 of the Revised27278
Code in a case in which the jury or judge found that the offender27279
was under the influence of alcohol, a drug of abuse, or alcohol27280
and a drug of abuse, or a statute of the United States or of any27281
other state or a municipal ordinance of a municipal corporation27282
located in any other state that is substantially similar to27283
division (A) or (B) of section 4511.19 of the Revised Code, and if27284
sentence is not required to be imposed under division27285
(A)(8)(a)(ii) of this section, the offender is guilty of a felony27286
of the fourth degree and, notwithstanding division (A)(4) of27287
section 2929.14 of the Revised Code, may be sentenced to a27288
definite prison term that shall be not less than six months and27289
not more than thirty months. The court shall sentence the27290
offender in accordance with sections 2929.11 to 2929.19 of the27291
Revised Code and shall impose as part of the sentence either a27292
mandatory term of local incarceration of one hundred twenty27293
consecutive days of imprisonment in accordance with division27294
(G)(1) of section 2929.13 of the Revised Code or a mandatory27295
prison term of one hundred twenty consecutive days of imprisonment27296
in accordance with division (G)(2) of that section. If the court27297
requires the offender to serve a mandatory term of local27298
incarceration of one hundred twenty consecutive days of27299
imprisonment in accordance with division (G)(1) of section 2929.1327300
of the Revised Code, the court, pursuant to section 2929.17 of the27301
Revised Code, may impose upon the offender a sentence that27302
includes a term of electronically monitored house arrest, provided27303
that the term of electronically monitored house arrest shall not27304
commence until after the offender has served the mandatory term of27305
local incarceration.27306

       (ii) If the offender previously has been convicted of or27307
pleaded guilty to a violation of division (A) of section 4511.1927308
of the Revised Code under circumstances in which the violation was27309
a felony, regardless of when the prior violation and the prior27310
conviction or guilty plea occurred, the offender is guilty of a27311
felony of the third degree. The court shall sentence the offender27312
in accordance with sections 2929.11 to 2929.19 of the Revised Code27313
and shall impose as part of the sentence a mandatory prison term27314
of one hundred twenty consecutive days of imprisonment in27315
accordance with division (G)(2) of section 2929.13 of the Revised27316
Code.27317

       (iii) In addition to all other sanctions imposed on an27318
offender under division (A)(8)(a)(i) or (ii) of this section, the27319
court shall impose upon the offender, pursuant to section 2929.1827320
of the Revised Code, a fine of not less than eight hundred nor27321
more than ten thousand dollars.27322

       In addition to any other sanction that it imposes upon the27323
offender under division (A)(8)(a)(i) or (ii) of this section, the27324
court shall require the offender to attend an alcohol and drug27325
addiction program authorized by section 3793.02 of the Revised27326
Code. The cost of the treatment shall be paid by the offender. If27327
the court determines that the offender is unable to pay the cost27328
of attendance at the treatment program, the court may order that27329
payment of the cost of the offender's attendance at the treatment27330
program be made from the court's indigent drivers alcohol27331
treatment fund.27332

       Of the fine imposed pursuant to this division, two hundred27333
ten dollars shall be paid to an enforcement and education fund27334
established by the legislative authority of the law enforcement27335
agency in this state that primarily was responsible for the arrest27336
of the offender, as determined by the court that imposes the fine.27337
The agency shall use this share to pay only those costs it incurs27338
in enforcing section 4511.19 of the Revised Code or a27339
substantially similar municipal ordinance and in informing the27340
public of the laws governing operation of a motor vehicle while27341
under the influence of alcohol, the dangers of operation of a27342
motor vehicle while under the influence of alcohol, and other27343
information relating to the operation of a motor vehicle and the27344
consumption of alcoholic beverages. Four hundred forty dollars of27345
the fine imposed pursuant to this division shall be paid to the27346
political subdivision that pays the cost of housing the offender27347
during the offender's term of incarceration. The political27348
subdivision shall use this share to pay or reimburse incarceration27349
or treatment costs it incurs in housing or providing drug and27350
alcohol treatment to persons who violate section 4511.19 of the27351
Revised Code or a substantially similar municipal ordinance and to27352
pay for ignition interlock devices and electronic house arrest27353
equipment for persons who violate that section, and this share27354
shall be paid to the credit of the fund that pays the cost of27355
incarceration. The balance of the fine shall be disbursed as27356
otherwise provided by law.27357

       (b) Regardless of whether the vehicle the offender was27358
operating at the time of the offense is registered in the27359
offender's name or in the name of another person, the court, in27360
addition to the sanctions imposed under division (A)(8)(a) of this27361
section and all other sanctions provided by law and subject to27362
section 4503.235 of the Revised Code, shall order the criminal27363
forfeiture to the state of the vehicle the offender was operating27364
at the time of the offense. The order of criminal forfeiture27365
shall be issued and enforced in accordance with section 4503.23427366
of the Revised Code.27367

       (c) As used in division (A)(8)(a) of this section,27368
"mandatory prison term" and "mandatory term of local27369
incarceration" have the same meanings as in section 2929.01 of the27370
Revised Code.27371

       (d) If title to a motor vehicle that is subject to an order27372
for criminal forfeiture under this section is assigned or27373
transferred and division (C)(2) or (3) of section 4503.234 of the27374
Revised Code applies, in addition to or independent of any other27375
penalty established by law, the court may fine the offender the27376
value of the vehicle as determined by publications of the national27377
auto dealer's association. The proceeds from any fine imposed27378
under this division shall be distributed in accordance with27379
division (D)(4) of section 4503.234 of the Revised Code.27380

       (9)(a) Except as provided in division (A)(9)(b) of this27381
section, upon a showing that imprisonment would seriously affect27382
the ability of an offender sentenced pursuant to division (A)(1),27383
(2), (3), (4), (5), (6), (7), or (8) of this section to continue27384
the offender's employment, the court may authorize that the27385
offender be granted work release from imprisonment after the27386
offender has served the three, six, ten, twenty, thirty, or sixty27387
consecutive days of imprisonment or the mandatory term of local27388
incarceration of sixty or one hundred twenty consecutive days that27389
the court is required by division (A)(1), (2), (3), (4), (5), (6),27390
(7), or (8) of this section to impose. No court shall authorize27391
work release from imprisonment during the three, six, ten, twenty,27392
thirty, or sixty consecutive days of imprisonment or the mandatory27393
term of local incarceration or mandatory prison term of sixty or27394
one hundred twenty consecutive days that the court is required by27395
division (A)(1), (2), (3), (4), (5), (6), (7), or (8) of this27396
section to impose. The duration of the work release shall not27397
exceed the time necessary each day for the offender to commute to27398
and from the place of employment and the place of imprisonment and27399
the time actually spent under employment.27400

       (b) An offender who is sentenced pursuant to division27401
(A)(2), (3), (6), or (7) of this section to a term of imprisonment27402
followed by a period of electronically monitored house arrest is27403
not eligible for work release from imprisonment, but that person27404
shall be permitted work release during the period of27405
electronically monitored house arrest. The duration of the work27406
release shall not exceed the time necessary each day for the27407
offender to commute to and from the place of employment and the27408
offender's home or other place specified by the sentencing court27409
and the time actually spent under employment.27410

       (10) Notwithstanding any section of the Revised Code that27411
authorizes the suspension of the imposition or execution of a27412
sentence, the placement of an offender in any treatment program in27413
lieu of imprisonment, or the use of a community control sanction27414
for an offender convicted of a felony, no court shall suspend the27415
ten, twenty, thirty, or sixty consecutive days of imprisonment27416
required to be imposed on an offender by division (A)(2), (3),27417
(6), or (7) of this section, no court shall place an offender who27418
is sentenced pursuant to division (A)(2), (3), (4), (6), (7), or27419
(8) of this section in any treatment program in lieu of27420
imprisonment until after the offender has served the ten, twenty,27421
thirty, or sixty consecutive days of imprisonment or the mandatory27422
term of local incarceration or mandatory prison term of sixty or27423
one hundred twenty consecutive days required to be imposed27424
pursuant to division (A)(2), (3), (4), (6), (7), or (8) of this27425
section, no court that sentences an offender under division (A)(4)27426
or (8) of this section shall impose any sanction other than a27427
mandatory term of local incarceration or mandatory prison term to27428
apply to the offender until after the offender has served the27429
mandatory term of local incarceration or mandatory prison term of27430
sixty or one hundred twenty consecutive days required to be27431
imposed pursuant to division (A)(4) or (8) of this section, and no27432
court that imposes a sentence of imprisonment and a period of27433
electronically monitored house arrest upon an offender under27434
division (A)(2), (3), (6), or (7) of this section shall suspend27435
any portion of the sentence or place the offender in any treatment27436
program in lieu of imprisonment or electronically monitored house27437
arrest. Notwithstanding any section of the Revised Code that27438
authorizes the suspension of the imposition or execution of a27439
sentence or the placement of an offender in any treatment program27440
in lieu of imprisonment, no court, except as specifically27441
authorized by division (A)(1) or (5) of this section, shall27442
suspend the three or more consecutive days of imprisonment27443
required to be imposed by division (A)(1) or (5) of this section27444
or place an offender who is sentenced pursuant to division (A)(1)27445
or (5) of this section in any treatment program in lieu of27446
imprisonment until after the offender has served the three or more27447
consecutive days of imprisonment required to be imposed pursuant27448
to division (A)(1) or (5) of this section.27449

       (11) No court shall sentence an offender to an alcohol27450
treatment program pursuant to division (A)(1), (2), (3), (4), (5),27451
(6), (7), or (8) of this section unless the treatment program27452
complies with the minimum standards adopted pursuant to Chapter27453
3793. of the Revised Code by the director of alcohol and drug27454
addiction services.27455

       (12) No court shall impose the alternative sentence of a27456
term of imprisonment plus a term of electronically monitored house27457
arrest permitted to be imposed by division (A)(2), (3), (6), or27458
(7) of this section, unless within sixty days of the date of27459
sentencing, the court issues a written finding, entered into the27460
record, that due to the unavailability of space at the27461
incarceration facility where the offender is required to serve the27462
term of imprisonment imposed upon the offender, the offender will27463
not be able to commence serving the term of imprisonment within27464
the sixty-day period following the date of sentencing. If the27465
court issues such a written finding, the court may impose the27466
alternative sentence comprised of a term of imprisonment and a27467
term of electronically monitored house arrest permitted to be27468
imposed by division (A)(2), (3), (6), or (7) of this section.27469

       (B) Whoever violates section 4511.192, 4511.251, or 4511.8527470
of the Revised Code is guilty of a misdemeanor of the first27471
degree. The court, in addition to or independent of all other27472
penalties provided by law, may suspend for a period not to exceed27473
one year the driver's or commercial driver's license or permit or27474
nonresident operating privilege of any person who pleads guilty to27475
or is convicted of a violation of section 4511.192 of the Revised27476
Code.27477

       (C) Whoever violates section 4511.63, 4511.76, 4511.761,27478
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is27479
guilty of one of the following:27480

       (1) Except as otherwise provided in division (C)(2) of this27481
section, a minor misdemeanor.27482

       (2) If the offender previously has been convicted of or27483
pleaded guilty to one or more violations of section 4511.63,27484
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the27485
Revised Code or a municipal ordinance that is substantially27486
similar to any of those sections, a misdemeanor of the fourth27487
degree.27488

       (D)(1) Whoever violates any provision of sections 4511.01 to27489
4511.76 or section 4511.84 of the Revised Code, for which no27490
penalty otherwise is provided in thisthe section violated is27491
guilty of one of the following:27492

       (a)(A) Except as otherwise provided in division (D)(1)(b),27493
(1)(c), (2), (3),(B) or (4)(C) of this section, a minor27494
misdemeanor;27495

       (b)(B) If, within one year of the offense, the offender27496
previously has been convicted of or pleaded guilty to one27497
violation of any provision of sections 4511.01 to 4511.76 or27498
section 4511.84 of the Revised Code for which no penalty otherwise27499
is provided in this section or a municipal ordinance that is27500
substantially similar to any provision of sections 4511.01 to27501
4511.76 or section 4511.84 of the Revised Code for which no27502
penalty otherwise is provided in this sectionpredicate motor27503
vehicle or traffic offense, a misdemeanor of the fourth degree;27504

       (c)(C) If, within one year of the offense, the offender27505
previously has been convicted of or pleaded guilty to two or more27506
violations of any provision described in division (D)(1)(b) of27507
this section or any municipal ordinance that is substantially27508
similar to any of those provisionspredicate motor vehicle or27509
traffic offenses, a misdemeanor of the third degree.27510

       (2) When any person is found guilty of a first offense for a27511
violation of section 4511.21 of the Revised Code upon a finding27512
that the person operated a motor vehicle faster than thirty-five27513
miles an hour in a business district of a municipal corporation,27514
or faster than fifty miles an hour in other portions, or faster27515
than thirty-five miles an hour while passing through a school zone27516
during recess or while children are going to or leaving school27517
during the opening or closing hours, the person is guilty of a27518
misdemeanor of the fourth degree.27519

       (3) Notwithstanding section 2929.21 of the Revised Code,27520
upon a finding that such person operated a motor vehicle in a27521
construction zone where a sign was then posted in accordance with27522
section 4511.98 of the Revised Code, the court, in addition to all27523
other penalties provided by law, shall impose a fine of two times27524
the usual amount imposed for the violation. No court shall impose27525
a fine of two times the usual amount imposed for the violation27526
upon an offender who alleges, in an affidavit filed with the court27527
prior to the offender's sentencing, that the offender is indigent27528
and is unable to pay the fine imposed pursuant to this division,27529
provided the court determines the offender is an indigent person27530
and is unable to pay the fine.27531

       (4) Notwithstanding section 2929.21 of the Revised Code,27532
upon a finding that a person operated a motor vehicle in violation27533
of division (C) of section 4511.213 of the Revised Code, the27534
court, in addition to all other penalties provided by law, shall27535
impose a fine of two times the usual amount imposed for the27536
violation.27537

       (E) Whenever a person is found guilty in a court of record27538
of a violation of section 4511.761, 4511.762, or 4511.77 of the27539
Revised Code, the trial judge, in addition to or independent of27540
all other penalties provided by law, may suspend for any period of27541
time not exceeding three years, or revoke the license of any27542
person, partnership, association, or corporation, issued under27543
section 4511.763 of the Revised Code.27544

       (F) Whoever violates division (E) or (F) of section 4511.51,27545
division (A), (D), or (E) of section 4511.521, section 4511.681,27546
division (A) or (C) of section 4511.69, section 4511.772, or27547
division (A) or (B) of section 4511.82 of the Revised Code is27548
guilty of a minor misdemeanor.27549

       (G) Whoever violates division (A) of section 4511.75 of the27550
Revised Code may be fined an amount not to exceed five hundred27551
dollars. A person who is issued a citation for a violation of27552
division (A) of section 4511.75 of the Revised Code is not27553
permitted to enter a written plea of guilty and waive the person's27554
right to contest the citation in a trial, but instead must appear27555
in person in the proper court to answer the charge.27556

       (H)(1) Whoever is a resident of this state and violates27557
division (A) or (B) of section 4511.81 of the Revised Code shall27558
be punished as follows:27559

       (a) Except as otherwise provided in division (H)(1)(b) of27560
this section, the offender is guilty of a minor misdemeanor.27561

       (b) If the offender previously has been convicted of or27562
pleaded guilty to a violation of division (A) or (B) of section27563
4511.81 of the Revised Code or of a municipal ordinance that is27564
substantially similar to either of those divisions, the offender27565
is guilty of a misdemeanor of the fourth degree.27566

       (2) Whoever is not a resident of this state, violates27567
division (A) or (B) of section 4511.81 of the Revised Code, and27568
fails to prove by a preponderance of the evidence that the27569
offender's use or nonuse of a child restraint system was in27570
accordance with the law of the state of which the offender is a27571
resident is guilty of a minor misdemeanor on a first offense; on a27572
second or subsequent offense, that person is guilty of a27573
misdemeanor of the fourth degree.27574

       (3) All fines imposed pursuant to division (H)(1) or (2) of27575
this section shall be forwarded to the treasurer of state for27576
deposit in the "child highway safety fund" created by division (G)27577
of section 4511.81 of the Revised Code.27578

       (I) Whoever violates section 4511.202 of the Revised Code is27579
guilty of operating a motor vehicle without being in control of27580
it, a minor misdemeanor.27581

       (J) Whoever violates division (B) of section 4511.74,27582
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of27583
section 4511.83 of the Revised Code is guilty of a misdemeanor of27584
the first degree.27585

       (K) Except as otherwise provided in this division, whoever27586
violates division (E) of section 4511.11, division (A) or (C) of27587
section 4511.17, or section 4511.18 of the Revised Code is guilty27588
of a misdemeanor of the third degree. If a violation of division27589
(A) or (C) of section 4511.17 of the Revised Code creates a risk27590
of physical harm to any person, the offender is guilty of a27591
misdemeanor of the first degree. A violation of division (A) or27592
(C) of section 4511.17 of the Revised Code that causes serious27593
physical harm to property that is owned, leased, or controlled by27594
a state or local authority is a felony of the fifth degree.27595

       (L) Whoever violates division (H) of section 4511.69 of the27596
Revised Code shall be punished as follows:27597

       (1) Except as otherwise provided in division (L)(2) of this27598
section, the offender shall be issued a warning.27599

       (2) If the offender previously has been convicted of or27600
pleaded guilty to a violation of division (H) of section 4511.6927601
of the Revised Code or of a municipal ordinance that is27602
substantially similar to that division, the offender shall not be27603
issued a warning but shall be fined twenty-five dollars for each27604
parking location that is not properly marked or whose markings are27605
not properly maintained.27606

       (M) Whoever violates division (A)(1) or (2) of section27607
4511.45 of the Revised Code is guilty of a misdemeanor of the27608
fourth degree on a first offense; on a second offense within one27609
year after the first offense, the person is guilty of a27610
misdemeanor of the third degree; and on each subsequent offense27611
within one year after the first offense, the person is guilty of a27612
misdemeanor of the second degree.27613

       (N)(1) Whoever violates division (B) of section 4511.19 of27614
the Revised Code is guilty of operating a motor vehicle after27615
under-age alcohol consumption and shall be punished as follows:27616

       (a) Except as otherwise provided in division (N)(1)(b) of27617
this section, the offender is guilty of a misdemeanor of the27618
fourth degree.27619

       (b) The offender is guilty of a misdemeanor of the third27620
degree if, within one year of the offense, the offender has been27621
convicted of or pleaded guilty to any violation of the following:27622

       (i) Division (A) or (B) of section 4511.19 of the Revised27623
Code;27624

       (ii) A municipal ordinance relating to operating a vehicle27625
while under the influence of alcohol, a drug of abuse, or alcohol27626
and a drug of abuse;27627

       (iii) A municipal ordinance relating to operating a vehicle27628
with a prohibited concentration of alcohol in the blood, breath,27629
or urine;27630

       (iv) Section 2903.04 of the Revised Code in a case in which27631
the offender was subject to the sanctions described in division27632
(D) of that section;27633

       (v) Division (A)(1) of section 2903.06 or division (A)(1) of27634
section 2903.08 of the Revised Code or a municipal ordinance that27635
is substantially similar to either of those divisions;27636

       (vi) Division (A)(2), (3), or (4) of section 2903.06 or27637
division (A)(2) of section 2903.08 of the Revised Code or a27638
municipal ordinance that is substantially similar to any of those27639
divisions, or former section 2903.07 of the Revised Code or a27640
substantially similar municipal ordinance, in a case in which the27641
jury or judge found that the offender was under the influence of27642
alcohol, a drug of abuse, or alcohol and a drug of abuse;27643

       (vii) A statute of the United States or of any other state27644
or a municipal ordinance of a municipal corporation located in any27645
other state that is substantially similar to division (A) or (B)27646
of section 4511.19 of the Revised Code.27647

       (2) In addition to or independent of all other penalties27648
provided by law, the offender's driver's or commercial driver's27649
license or permit or nonresident operating privilege shall be27650
suspended in accordance with, and for the period of time specified27651
in, division (E) of section 4507.16 of the Revised Code.27652

       (O) Whoever violates section 4511.62 of the Revised Code is27653
guilty of a misdemeanor of the fourth degree.27654

       (P) Whoever violates division (F)(1)(a) or (b) of section27655
4511.69 of the Revised Code is guilty of a misdemeanor and shall27656
be fined not less than two hundred fifty nor more than five27657
hundred dollars, but in no case shall an offender be sentenced to27658
any term of imprisonment.27659

       Arrest or conviction for a violation of division (F)(1)(a) or27660
(b) of section 4511.69 of the Revised Code does not constitute a27661
criminal record and need not be reported by the person so arrested27662
or convicted in response to any inquiries contained in any27663
application for employment, license, or other right or privilege,27664
or made in connection with the person's appearance as a witness.27665

       Every fine collected under this division shall be paid by the27666
clerk of the court to the political subdivision in which the27667
violation occurred. Except as provided in this division, the27668
political subdivision shall use the fine moneys it receives under27669
this division to pay the expenses it incurs in complying with the27670
signage and notice requirements contained in division (E) of27671
section 4511.69 of the Revised Code. The political subdivision27672
may use up to fifty per cent of each fine it receives under this27673
division to pay the costs of educational, advocacy, support, and27674
assistive technology programs for persons with disabilities, and27675
for public improvements within the political subdivision that27676
benefit or assist persons with disabilities, if governmental27677
agencies or nonprofit organizations offer the programs.27678

       Sec. 4513.02.  (A) No person shall drive or move, or cause27679
or knowingly permit to be driven or moved, on any highway any27680
vehicle or combination of vehicles which is in such unsafe27681
condition as to endanger any person.27682

       (B) When directed by any state highway patrol trooper, the27683
operator of any motor vehicle shall stop and submit such motor27684
vehicle to an inspection under division (B)(1) or (2) of this27685
section, as appropriate, and such tests as are necessary.27686

       (1) Any motor vehicle not subject to inspection by the27687
public utilities commission shall be inspected and tested to27688
determine whether it is unsafe or not equipped as required by law,27689
or that its equipment is not in proper adjustment or repair, or in27690
violation of the equipment provisions of Chapter 4513. of the27691
Revised Code.27692

       Such inspection shall be made with respect to the brakes,27693
lights, turn signals, steering, horns and warning devices, glass,27694
mirrors, exhaust system, windshield wipers, tires, and such other27695
items of equipment as designated by the superintendent of the27696
state highway patrol by rule or regulation adopted pursuant to27697
sections 119.01 to 119.13 of the Revised Code.27698

       Upon determining that a motor vehicle is in safe operating27699
condition and its equipment in conformity with Chapter 4513. of27700
the Revised Code, the inspecting officer shall issue to the27701
operator an official inspection sticker, which shall be in such27702
form as the superintendent prescribes except that its color shall27703
vary from year to year.27704

       (2) Any motor vehicle subject to inspection by the public27705
utilities commission shall be inspected and tested in accordance27706
with rules adopted by the commission. Upon determining that the27707
vehicle and operator are in compliance with rules adopted by the27708
commission, the inspecting officer shall issue to the operator an27709
appropriate official inspection sticker.27710

       (C) The superintendent of the state highway patrol, pursuant27711
to sections 119.01 to 119.13 of the Revised Code, shall determine27712
and promulgate standards for any inspection program conducted by a27713
political subdivision of this state. These standards shall exempt27714
licensed collector's vehicles and historical motor vehicles from27715
inspection. Any motor vehicle bearing a valid certificate of27716
inspection issued by another state or a political subdivision of27717
this state whose inspection program conforms to the27718
superintendent's standards, and any licensed collector's vehicle27719
or historical motor vehicle which is not in a condition which27720
endangers the safety of persons or property, shall be exempt from27721
the tests provided in division (B) of this section.27722

       (D) Every person, firm, association, or corporation that, in27723
the conduct of its business, owns and operates not less than27724
fifteen motor vehicles in this state that are not subject to27725
regulation by the public utilities commission and that, for the27726
purpose of storing, repairing, maintaining, and servicing such27727
motor vehicles, equips and operates one or more service27728
departments within this state, may file with the superintendent of27729
the state highway patrol applications for permits for such service27730
departments as official inspection stations for its own motor27731
vehicles. Upon receiving an application for each such service27732
department, and after determining that it is properly equipped and27733
has competent personnel to perform the inspections referred to in27734
this section, the superintendent shall issue the necessary27735
inspection stickers and permit to operate as an official27736
inspection station. Any such person who has had one or more27737
service departments so designated as official inspection stations27738
may have motor vehicles that are owned and operated by the person27739
and that are not subject to regulation by the public utilities27740
commission, excepting private passenger cars owned by the person27741
or the person's employees, inspected at such service department;27742
and any motor vehicle bearing a valid certificate of inspection27743
issued by such service department shall be exempt from the tests27744
provided in division (B) of this section.27745

       No permit for an official inspection station shall be27746
assigned or transferred or used at any location other than therein27747
designated, and every such permit shall be posted in a conspicuous27748
place at the location designated.27749

       If a person, firm, association, or corporation owns and27750
operates fifteen or more motor vehicles in the conduct of business27751
and is subject to regulation by the public utilities commission,27752
that person, firm, association, or corporation is not eligible to27753
apply to the superintendent for permits to enable any of its27754
service departments to serve as official inspection stations for27755
its own motor vehicles.27756

       (E) When any motor vehicle is found to be unsafe for27757
operation, the inspecting officer may order it removed from the27758
highway and not operated, except for purposes of removal and27759
repair, until it has been repaired pursuant to a repair order as27760
provided in division (F) of this section.27761

       (F) When any motor vehicle is found to be defective or in27762
violation of Chapter 4513. of the Revised Code, the inspecting27763
officer may issue a repair order, in such form and containing such27764
information as the superintendent shall prescribe, to the owner or27765
operator of the motor vehicle. The owner or operator shall27766
thereupon obtain such repairs as are required and shall, as27767
directed by the inspecting officer, return the repair order27768
together with proof of compliance with its provisions. When any27769
motor vehicle or operator subject to rules of the public utilities27770
commission fails the inspection, the inspecting officer shall27771
issue an appropriate order to obtain compliance with such rules.27772

       (G) Sections 4513.01 to 4513.37 of the Revised Code, with27773
respect to equipment on vehicles, do not apply to implements of27774
husbandry, road machinery, road rollers, or agricultural tractors27775
except as made applicable to such articles of machinery.27776

       (H)Except as otherwise provided in this division, whoever27777
violates this section is guilty of a minor misdemeanor. If the27778
offender previously has been convicted of a violation of this27779
section, whoever violates this section is guilty of a misdemeanor27780
of the third degree.27781

       Sec. 4513.021.  (A) As used in this section:27782

       (1) "Passenger car" means any motor vehicle with motive27783
power, designed for carrying ten persons or less, except a27784
multipurpose passenger vehicle or motorcycle.27785

       (2) "Multipurpose passenger vehicle" means a motor vehicle27786
with motive power, except a motorcycle, designed to carry ten27787
persons or less, that is constructed either on a truck chassis or27788
with special features for occasional off-road operation.27789

       (3) "Truck" means every motor vehicle, except trailers and27790
semitrailers, designed and used to carry property and having a27791
gross vehicle weight rating of ten thousand pounds or less.27792

       (4) "Manufacturer" has the same meaning as in section27793
4501.01 of the Revised Code.27794

       (5) "Gross vehicle weight rating" means the manufacturer's27795
gross vehicle weight rating established for that vehicle.27796

       (B) The director of public safety, in accordance with27797
Chapter 119. of the Revised Code, shall adopt rules in conformance27798
with standards of the vehicle equipment safety commission, that27799
shall govern the maximum bumper height or, in the absence of27800
bumpers and in cases where bumper heights have been lowered or27801
modified, the maximum height to the bottom of the frame rail, of27802
any passenger car, multipurpose passenger vehicle, or truck.27803

       (C) No person shall operate upon a street or highway any27804
passenger car, multipurpose passenger vehicle, or truck registered27805
in this state that does not conform to the requirements of this27806
section or to any applicable rule adopted pursuant to this27807
section.27808

       (D) No person shall modify any motor vehicle registered in27809
this state in such a manner as to cause the vehicle body or27810
chassis to come in contact with the ground, expose the fuel tank27811
to damage from collision, or cause the wheels to come in contact27812
with the body under normal operation, and no person shall27813
disconnect any part of the original suspension system of the27814
vehicle to defeat the safe operation of that system.27815

       (E) Nothing contained in this section or in the rules27816
adopted pursuant to this section shall be construed to prohibit27817
either of the following:27818

       (1) The installation upon a passenger car, multipurpose27819
passenger vehicle, or truck registered in this state of heavy duty27820
equipment, including shock absorbers and overload springs;27821

       (2) The operation on a street or highway of a passenger car,27822
multipurpose passenger vehicle, or truck registered in this state27823
with normal wear to the suspension system if the normal wear does27824
not adversely affect the control of the vehicle.27825

       (F) This section and the rules adopted pursuant to it do not27826
apply to any specially designed or modified passenger car,27827
multipurpose passenger vehicle, or truck when operated off a27828
street or highway in races and similar events.27829

       (G)Except as otherwise provided in this division, whoever27830
violates this section is guilty of a minor misdemeanor. If the27831
offender previously has been convicted of a violation of this27832
section, whoever violates this section is guilty of a misdemeanor27833
of the third degree.27834

       Sec. 4513.022.  (A) As part of the motor vehicle inspection27835
conducted pursuant to section 4513.02 of the Revised Code, the27836
state highway patrol trooper shall request that the owner or27837
operator of the motor vehicle produce proof that the owner27838
maintains or has maintained on the owner's behalf, proof of27839
financial responsibility as required by section 4509.101 of the27840
Revised Code.27841

       (B) A state highway patrol trooper shall indicate on every27842
traffic ticket issued pursuant to a motor vehicle inspection27843
whether the person receiving the traffic ticket produced proof of27844
the maintenance of financial responsibility in response to the27845
state highway patrol trooper's request. The state highway patrol27846
trooper shall inform every person who receives a traffic ticket27847
and who has failed to produce proof of the maintenance of27848
financial responsibility at the time of the motor vehicle27849
inspection that the person must submit proof to the traffic27850
violations bureau with any payment of a fine and costs for the27851
ticketed violation or, if the person is to appear in court for the27852
violation, the person must submit proof to the court.27853

       (C)(1) If a person who has failed to produce proof of the27854
maintenance of financial responsibility appears in court for a27855
ticketed violation, the court may permit the defendant to present27856
evidence of proof of financial responsibility to the court at such27857
time and in such manner as the court determines to be necessary or27858
appropriate. The clerk of courts shall provide the registrar with27859
the identity of any person who fails to submit proof of the27860
maintenance of financial responsibility pursuant to division (B)27861
of this section.27862

       (2) If a person who has failed to present proof of the27863
maintenance of financial responsibility also fails to submit that27864
proof to the traffic violations bureau, the traffic violations27865
bureau shall notify the registrar of the identity of that person.27866

       (3) Upon receiving notice from a clerk of courts or a27867
traffic violation bureau pursuant to division (C) of this section,27868
the registrar shall proceed against these persons under division27869
(D) of section 4509.101 of the Revised Code in the same manner as27870
the registrar proceeds against persons identified by the clerk of27871
courts under division (D)(4) of section 4509.101 of the Revised27872
Code.27873

       (D) A state highway patrol trooper may charge an owner or27874
operator of a motor vehicle with a violation if division (B)(1) of27875
section 4507.024510.16 of the Revised Code when the operator27876
fails to produce proof of the maintenance of financial27877
responsibility upon the state highway patrol trooper's request27878
under division (A) of this section, if a check of the owner or27879
operator's driving record indicates that the owner or operator,27880
at the time of the motor vehicle inspection, is required to file27881
and maintain proof of financial responsibility under section27882
4509.45 of the Revised Code for a previous violation of Chapter27883
4509. of the Revised Code.27884

       Sec. 4513.03. (A) Every vehicle upon a street or highway27885
within this state during the time from sunset to sunrise, and at27886
any other time when there are unfavorable atmospheric conditions27887
or when there is not sufficient natural light to render27888
discernible persons, vehicles, and substantial objects on the27889
highway at a distance of one thousand feet ahead, shall display27890
lighted lights and illuminating devices as required by sections27891
4513.04 to 4513.37 of the Revised Code, for different classes of27892
vehicles; except that every motorized bicycle shall display at27893
such times lighted lights meeting the rules adopted by the27894
director of public safety under section 4511.521 of the Revised27895
Code. No motor vehicle, during such times, shall be operated upon27896
a street or highway within this state using only parking lights as27897
illumination.27898

       Whenever in such sections a requirement is declared as to the27899
distance from which certain lamps and devices shall render objects27900
visible, or within which such lamps or devices shall be visible,27901
such distance shall be measured upon a straight level unlighted27902
highway under normal atmospheric conditions unless a different27903
condition is expressly stated.27904

       Whenever in such sections a requirement is declared as to the27905
mounted height of lights or devices, it shall mean from the center27906
of such light or device to the level ground upon which the vehicle27907
stands.27908

       (B) Whoever violates this section shall be punished as27909
provided in section 4513.99 of the Revised Code.27910

       Sec. 4513.04. (A) Every motor vehicle, other than a27911
motorcycle, and every trackless trolley shall be equipped with at27912
least two headlights with at least one near each side of the front27913
of the motor vehicle or trackless trolley.27914

       Every motorcycle shall be equipped with at least one and not27915
more than two headlights.27916

       (B)Whoever violates this section shall be punished as27917
provided in section 4513.99 of the Revised Code.27918

       Sec. 4513.05. (A) Every motor vehicle, trackless trolley,27919
trailer, semitrailer, pole trailer, or vehicle which is being27920
drawn at the end of a train of vehicles shall be equipped with at27921
least one tail light mounted on the rear which, when lighted,27922
shall emit a red light visible from a distance of five hundred27923
feet to the rear, provided that in the case of a train of vehicles27924
only the tail light on the rearmost vehicle need be visible from27925
the distance specified.27926

       Either a tail light or a separate light shall be so27927
constructed and placed as to illuminate with a white light the27928
rear registration plate, when such registration plate is required,27929
and render it legible from a distance of fifty feet to the rear.27930
Any tail light, together with any separate light for illuminating27931
the rear registration plate, shall be so wired as to be lighted27932
whenever the headlights or auxiliary driving lights are lighted,27933
except where separate lighting systems are provided for trailers27934
for the purpose of illuminating such registration plate.27935

       (B)Whoever violates this section shall be punished as27936
provided in section 4513.99 of the Revised Code.27937

       Sec. 4513.06. (A) Every new motor vehicle sold after27938
September 6, 1941, and operated on a highway, other than a27939
commercial tractor, to which a trailer or semitrailer is attached27940
shall carry at the rear, either as a part of the tail lamps or27941
separately, two red reflectors meeting the requirements of this27942
section, except that vehicles of the type mentioned in section27943
4513.07 of the Revised Code shall be equipped with reflectors as27944
required by the regulations provided for in said section.27945

       Every such reflector shall be of such size and27946
characteristics and so maintained as to be visible at night from27947
all distances within three hundred feet to fifty feet from such27948
vehicle.27949

       (B)Whoever violates this section shall be punished as27950
provided in section 4513.99 of the Revised Code.27951

       Sec. 4513.07. (A) The director of public safety shall27952
prescribe and promulgate regulations relating to clearance lights,27953
marker lights, reflectors, and stop lights on bussesbuses,27954
trackless trolleys, trucks, commercial tractors, trailers,27955
semitrailers, and pole trailers, when operated upon any highway,27956
and such vehicles shall be equipped as required by such27957
regulations, and such equipment shall be lighted at all times27958
mentioned in section 4513.03 of the Revised Code, except that27959
clearance lights and side marker lights need not be lighted on any27960
such vehicle when it is operated within a municipal corporation27961
where there is sufficient light to reveal any person or27962
substantial object on the highway at a distance of five hundred27963
feet.27964

       Such equipment shall be in addition to all other lights27965
specifically required by sections 4513.03 to 4513.16 of the27966
Revised Code.27967

       Vehicles operated under the jurisdiction of the public27968
utilities commission are not subject to this section.27969

       (B)Whoever violates this section shall be punished as27970
provided in section 4513.99 of the Revised Code.27971

       Sec. 4513.071. (A) Every motor vehicle, trailer,27972
semitrailer, and pole trailer when operated upon a highway shall27973
be equipped with two or more stop lights, except that passenger27974
cars manufactured or assembled prior to January 1, 1967,27975
motorcycles, and motor-driven cycles shall be equipped with at27976
least one stop light. Stop lights shall be mounted on the rear of27977
the vehicle, actuated upon application of the service brake, and27978
may be incorporated with other rear lights. Such stop lights when27979
actuated shall emit a red light visible from a distance of five27980
hundred feet to the rear, provided that in the case of a train of27981
vehicles only the stop lights on the rear-most vehicle need be27982
visible from the distance specified.27983

       Such stop lights when actuated shall give a steady warning27984
light to the rear of a vehicle or train of vehicles to indicate27985
the intention of the operator to diminish the speed of or stop a27986
vehicle or train of vehicles.27987

       When stop lights are used as required by this section, they27988
shall be constructed or installed so as to provide adequate and27989
reliable illumination and shall conform to the appropriate rules27990
and regulations established under section 4513.19 of the Revised27991
Code.27992

       Historical motor vehicles as defined in section 4503.181 of27993
the Revised Code, not originally manufactured with stop lights,27994
are not subject to this section.27995

       (B) Whoever violates this section shall be punished as27996
provided in section 4513.99 of the Revised Code.27997

       Sec. 4513.09. (A) Whenever the load upon any vehicle27998
extends to the rear four feet or more beyond the bed or body of27999
such vehicle, there shall be displayed at the extreme rear end of28000
the load, at the times specified in section 4513.03 of the Revised28001
Code, a red light or lantern plainly visible from a distance of at28002
least five hundred feet to the sides and rear. The red light or28003
lantern required by this section is in addition to the red rear28004
light required upon every vehicle. At any other time there shall28005
be displayed at the extreme rear end of such load a red flag or28006
cloth not less than sixteen inches square.28007

       (B)Whoever violates this section shall be punished as28008
provided in section 4513.99 of the Revised Code.28009

       Sec. 4513.10. (A) Except in case of an emergency, whenever28010
a vehicle is parked or stopped upon a roadway open to traffic or a28011
shoulder adjacent thereto, whether attended or unattended, during28012
the times mentioned in section 4513.03 of the Revised Code, such28013
vehicle shall be equipped with one or more lights which shall28014
exhibit a white or amber light on the roadway side visible from a28015
distance of five hundred feet to the front of such vehicle, and a28016
red light visible from a distance of five hundred feet to the28017
rear. No lights need be displayed upon any such vehicle when it28018
is stopped or parked within a municipal corporation where there is28019
sufficient light to reveal any person or substantial object within28020
a distance of five hundred feet upon such highway. Any lighted28021
headlights upon a parked vehicle shall be depressed or dimmed.28022

       (B)Whoever violates this section shall be punished as28023
provided in section 4513.99 of the Revised Code.28024

       Sec. 4513.11.  (A) All vehicles other than bicycles,28025
including animal-drawn vehicles and vehicles referred to in28026
division (G) of section 4513.02 of the Revised Code, not28027
specifically required to be equipped with lamps or other lighting28028
devices by sections 4513.03 to 4513.10 of the Revised Code, shall,28029
at the times specified in section 4513.03 of the Revised Code, be28030
equipped with at least one lamp displaying a white light visible28031
from a distance of not less than one thousand feet to the front of28032
the vehicle, and also shall be equipped with two lamps displaying28033
red light visible from a distance of not less than one thousand28034
feet to the rear of the vehicle, or as an alternative, one lamp28035
displaying a red light visible from a distance of not less than28036
one thousand feet to the rear and two red reflectors visible from28037
all distances of six hundred feet to one hundred feet to the rear28038
when illuminated by the lawful lower beams of headlamps.28039

       Lamps and reflectors required or authorized by this section28040
shall meet standards adopted by the director of public safety.28041

       (B) All boat trailers, farm machinery, and other machinery,28042
including all road construction machinery, upon a street or28043
highway, except when being used in actual construction and28044
maintenance work in an area guarded by a flagperson, or where28045
flares are used, or when operating or traveling within the limits28046
of a construction area designated by the director of28047
transportation, a city engineer, or the county engineer of the28048
several counties, when such construction area is marked in28049
accordance with requirements of the director and the manual of28050
uniform traffic control devices, as set forth in section 4511.0928051
of the Revised Code, which is designed for operation at a speed of28052
twenty-five miles per hour or less shall be operated at a speed28053
not exceeding twenty-five miles per hour, and shall display a28054
triangular slow-moving vehicle emblem (SMV). The emblem shall be28055
mounted so as to be visible from a distance of not less than five28056
hundred feet to the rear. The director of public safety shall28057
adopt standards and specifications for the design and position of28058
mounting the SMV emblem. The standards and specifications for SMV28059
emblems referred to in this section shall correlate with and, so28060
far as possible, conform with those approved by the American28061
society of agricultural engineers.28062

       As used in this division, "machinery" does not include any28063
vehicle designed to be drawn by an animal.28064

       (C) The use of the SMV emblem shall be restricted to28065
animal-drawn vehicles, and to the slow-moving vehicles specified28066
in division (B) of this section operating or traveling within the28067
limits of the highway. Its use on slow-moving vehicles being28068
transported upon other types of vehicles or on any other type of28069
vehicle or stationary object on the highway is prohibited.28070

       (D) No person shall sell, lease, rent, or operate any boat28071
trailer, farm machinery, or other machinery defined as a28072
slow-moving vehicle in division (B) of this section, except those28073
units designed to be completely mounted on a primary power unit,28074
which is manufactured or assembled on or after April 1, 1966,28075
unless the vehicle is equipped with a slow-moving vehicle emblem28076
mounting device as specified in division (B) of this section.28077

       (E) Any boat trailer, farm machinery, or other machinery28078
defined as a slow-moving vehicle in division (B) of this section,28079
in addition to the use of the slow-moving vehicle emblem, may be28080
equipped with a red flashing light that shall be visible from a28081
distance of not less than one thousand feet to the rear at all28082
times specified in section 4513.03 of the Revised Code. When a28083
double-faced light is used, it shall display amber light to the28084
front and red light to the rear.28085

       In addition to the lights described in this division, farm28086
machinery and motor vehicles escorting farm machinery may display28087
a flashing, oscillating, or rotating amber light, as permitted by28088
section 4513.17 of the Revised Code, and also may display28089
simultaneously flashing turn signals or warning lights, as28090
permitted by that section.28091

       (F) Every animal-drawn vehicle upon a street or highway28092
shall at all times be equipped in one of the following ways:28093

       (1) With a slow-moving vehicle emblem complying with28094
division (B) of this section;28095

       (2) With alternate reflective material complying with rules28096
adopted under this division;28097

       (3) With both a slow-moving vehicle emblem and alternate28098
reflective material as specified in this division.28099

       The director of public safety, subject to Chapter 119. of the28100
Revised Code, shall adopt rules establishing standards and28101
specifications for the position of mounting of the alternate28102
reflective material authorized by this division. The rules shall28103
permit, as a minimum, the alternate reflective material to be28104
black, gray, or silver in color. The alternate reflective28105
material shall be mounted on the animal-drawn vehicle so as to be28106
visible, at all times specified in section 4513.03 of the Revised28107
Code, from a distance of not less than five hundred feet to the28108
rear when illuminated by the lawful lower beams of headlamps.28109

       (G) Whoever violates this section shall be punished as28110
provided in section 4513.99 of the Revised Code.28111

       (H) As used in this section, "boat trailer" means any28112
vehicle designed and used exclusively to transport a boat between28113
a place of storage and a marina, or in and around a marina, when28114
drawn or towed on a street or highway for a distance of no more28115
than ten miles and at a speed of twenty-five miles per hour or28116
less.28117

       Sec. 4513.111.  (A)(1) Every multi-wheel agricultural28118
tractor whose model year was 2001 or earlier, when being operated28119
or traveling on a street or highway at the times specified in28120
section 4513.03 of the Revised Code, at a minimum shall be28121
equipped with and display reflectors and illuminated amber lamps28122
so that the extreme left and right projections of the tractor are28123
indicated by flashing lamps displaying amber light, visible to the28124
front and the rear, by amber reflectors, all visible to the front,28125
and by red reflectors, all visible to the rear.28126

       (2) The lamps displaying amber light need not flash28127
simultaneously and need not flash in conjunction with any28128
directional signals of the tractor.28129

       (3) The lamps and reflectors required by division (A)(1) of28130
this section and their placement shall meet standards and28131
specifications contained in rules adopted by the director of28132
public safety in accordance with Chapter 119. of the Revised Code.28133
The rules governing the amber lamps, amber reflectors, and red28134
reflectors and their placement shall correlate with and, as far as28135
possible, conform with paragraphs 4.1.4.1, 4.1.7.1, and 4.1.7.228136
respectively of the American society of agricultural engineers28137
standard ANSI/ASAE S279.10 OCT98, lighting and marking of28138
agricultural equipment on highways.28139

       (B) Every unit of farm machinery whose model year was 200228140
or later, when being operated or traveling on a street or highway28141
at the times specified in section 4513.03 of the Revised Code,28142
shall be equipped with and display markings and illuminated lamps28143
that meet or exceed the lighting, illumination, and marking28144
standards and specifications that are applicable to that type of28145
farm machinery for the unit's model year specified in the American28146
society of agricultural engineers standard ANSI/ASAE S279.1028147
OCT98, lighting and marking of agricultural equipment on highways.28148

       (C) The lights and reflectors required by division (A) of28149
this section are in addition to the slow-moving vehicle emblem and28150
lights required or permitted by section 4513.11 or 4513.17 of the28151
Revised Code to be displayed on farm machinery being operated or28152
traveling on a street or highway.28153

       (D) No person shall operate any unit of farm machinery on a28154
street or highway or cause any unit of farm machinery to travel on28155
a street or highway in violation of division (A) or (B) of this28156
section.28157

       (E) Whoever violates this section shall be punished as28158
provided in section 4513.99 of the Revised Code.28159

       Sec. 4513.12. (A) Any motor vehicle may be equipped with28160
not more than one spotlight and every lighted spotlight shall be28161
so aimed and used upon approaching another vehicle that no part of28162
the high-intensity portion of the beam will be directed to the28163
left of the prolongation of the extreme left side of the vehicle,28164
nor more than one hundred feet ahead of the vehicle.28165

       Any motor vehicle may be equipped with not more than three28166
auxiliary driving lights mounted on the front of the vehicle. The28167
director of public safety shall prescribe specifications for28168
auxiliary driving lights and regulations for their use, and any28169
such lights which do not conform to said specifications and28170
regulations shall not be used.28171

       (B)Whoever violates this section shall be punished as28172
provided in section 4513.99 of the Revised Code.28173

       Sec. 4513.13. (A) Any motor vehicle may be equipped with28174
side cowl or fender lights which shall emit a white or amber light28175
without glare.28176

       Any motor vehicle may be equipped with lights on each side28177
thereof which shall emit a white or amber light without glare.28178

       Any motor vehicle may equipped with back-up lights, either28179
separately or in combination with another light. No back-up28180
lights shall be continuously lighted when the motor vehicle is in28181
forward motion.28182

       (B)Whoever violates this section shall be punished as28183
provided in section 4513.99 of the Revised Code.28184

       Sec. 4513.14. (A) At all times mentioned in section 4513.0328185
of the Revised Code at least two lighted lights shall be28186
displayed, one near each side of the front of every motor vehicle28187
and trackless trolley, except when such vehicle or trackless28188
trolley is parked subject to the regulations governing lights on28189
parked vehicles and trackless trolleys.28190

       The director of public safety shall prescribe and promulgate28191
regulations relating to the design and use of such lights and such28192
regulations shall be in accordance with currently recognized28193
standards.28194

       (B)Whoever violates this section shall be punished as28195
provided in section 4513.99 of the Revised Code.28196

       Sec. 4513.15. (A) Whenever a motor vehicle is being28197
operated on a roadway or shoulder adjacent thereto during the28198
times specified in section 4513.03 of the Revised Code, the driver28199
shall use a distribution of light, or composite beam, directed28200
high enough and of sufficient intensity to reveal persons,28201
vehicles, and substantial objects at a safe distance in advance of28202
the vehicle, subject to the following requirements;28203

       (A)(1) Whenever the driver of a vehicle approaches an28204
oncoming vehicle, such driver shall use a distribution of light,28205
or composite beam, so aimed that the glaring rays are not28206
projected into the eyes of the oncoming driver.28207

       (B)(2) Every new motor vehicle registered in this state,28208
which has multiple-beam road lighting equipment shall be equipped28209
with a beam indicator, which shall be lighted whenever the28210
uppermost distribution of light from the headlights is in use, and28211
shall not otherwise be lighted. Said indicator shall be so28212
designed and located that, when lighted, it will be readily28213
visible without glare to the driver of the vehicle.28214

       (B)Whoever violates this section shall be punished as28215
provided in section 4513.99 of the Revised Code.28216

       Sec. 4513.16. (A) Any motor vehicle may be operated under28217
the conditions specified in section 4513.03 of the Revised Code28218
when it is equipped with two lighted lights upon the front thereof28219
capable of revealing persons and substantial objects seventy-five28220
feet ahead, in lieu of lights required in section 4513.14 of the28221
Revised Code, provided that such vehicle shall not be operated at28222
a speed in excess of twenty miles per hour.28223

       (B)Whoever violates this section shall be punished as28224
provided in section 4513.99 of the Revised Code.28225

       Sec. 4513.17.  (A) Whenever a motor vehicle equipped with28226
headlights also is equipped with any auxiliary lights or spotlight28227
or any other light on the front thereof projecting a beam of an28228
intensity greater than three hundred candle power, not more than a28229
total of five of any such lights on the front of a vehicle shall28230
be lighted at any one time when the vehicle is upon a highway.28231

       (B) Any lighted light or illuminating device upon a motor28232
vehicle, other than headlights, spotlights, signal lights, or28233
auxiliary driving lights, that projects a beam of light of an28234
intensity greater than three hundred candle power, shall be so28235
directed that no part of the beam will strike the level of the28236
roadway on which the vehicle stands at a distance of more than28237
seventy-five feet from the vehicle.28238

       (C)(1) Flashing lights are prohibited on motor vehicles,28239
except as a means for indicating a right or a left turn, or in the28240
presence of a vehicular traffic hazard requiring unusual care in28241
approaching, or overtaking or passing. This prohibition does not28242
apply to emergency vehicles, road service vehicles servicing or28243
towing a disabled vehicle, traffic line stripers, snow plows,28244
rural mail delivery vehicles, vehicles as provided in section28245
4513.182 of the Revised Code, department of transportation28246
maintenance vehicles, funeral hearses, funeral escort vehicles,28247
and similar equipment operated by the department or local28248
authorities, which shall be equipped with and display, when used28249
on a street or highway for the special purpose necessitating such28250
lights, a flashing, oscillating, or rotating amber light, but28251
shall not display a flashing, oscillating, or rotating light of28252
any other color, nor to vehicles or machinery permitted by section28253
4513.11 of the Revised Code to have a flashing red light.28254

       (2) When used on a street or highway, farm machinery and28255
vehicles escorting farm machinery may be equipped with and display28256
a flashing, oscillating, or rotating amber light, and the28257
prohibition contained in division (C)(1) of this section does not28258
apply to such machinery or vehicles. Farm machinery also may28259
display the lights described in section 4513.11 of the Revised28260
Code.28261

       (D) Except a person operating a public safety vehicle, as28262
defined in division (E) of section 4511.01 of the Revised Code, or28263
a school bus, no person shall operate, move, or park upon, or28264
permit to stand within the right-of-way of any public street or28265
highway any vehicle or equipment that is equipped with and28266
displaying a flashing red or a flashing combination red and white28267
light, or an oscillating or rotating red light, or a combination28268
red and white oscillating or rotating light; and except a public28269
law enforcement officer, or other person sworn to enforce the28270
criminal and traffic laws of the state, operating a public safety28271
vehicle when on duty, no person shall operate, move, or park upon,28272
or permit to stand within the right-of-way of any street or28273
highway any vehicle or equipment that is equipped with, or upon28274
which is mounted, and displaying a flashing blue or a flashing28275
combination blue and white light, or an oscillating or rotating28276
blue light, or a combination blue and white oscillating or28277
rotating light.28278

       (E) This section does not prohibit the use of warning lights28279
required by law or the simultaneous flashing of turn signals on28280
disabled vehicles or on vehicles being operated in unfavorable28281
atmospheric conditions in order to enhance their visibility. This28282
section also does not prohibit the simultaneous flashing of turn28283
signals or warning lights either on farm machinery or vehicles28284
escorting farm machinery, when used on a street or highway.28285

       (F)Whoever violates this section shall be punished as28286
provided in section 4513.99 of the Revised Code.28287

       Sec. 4513.171. (A) Notwithstanding any other provision of28288
law, a motor vehicle operated by a coroner, deputy coroner, or28289
coroner's investigator may be equipped with a flashing,28290
oscillating, or rotating red or blue light and a siren, whistle,28291
or bell capable of emitting sound audible under normal conditions28292
from a distance of not less than five hundred feet. Such a28293
vehicle may display the flashing, oscillating, or rotating red or28294
blue light and may give the audible signal of the siren, exhaust28295
whistle, or bell only when responding to a fatality or a fatal28296
motor vehicle accident on a street or highway and only at those28297
locations where the stoppage of traffic impedes the ability of the28298
coroner, deputy coroner, or coroner's investigator to arrive at28299
the site of the fatality.28300

       This section does not relieve a coroner, deputy coroner, or28301
coroner's investigator operating a motor vehicle from the duty to28302
drive with due regard for the safety of all persons and property28303
upon the highway.28304

       (B)Whoever violates this section shall be punished as28305
provided in section 4513.99 of the Revised Code.28306

       Sec. 4513.18. (A) The director of transportation shall28307
adopt standards and specifications applicable to headlights,28308
clearance lights, identification, and other lights, on snow28309
removal equipment when operated on the highways, and on vehicles28310
operating under special permits pursuant to section 4513.34 of the28311
Revised Code, in lieu of the lights otherwise required on motor28312
vehicles. Such standards and specifications may permit the use of28313
flashing lights for purposes of identification on snow removal28314
equipment, and oversize vehicles when in service upon the28315
highways. The standards and specifications for lights referred to28316
in this section shall correlate with and, so far as possible,28317
conform with those approved by the American association of state28318
highway officials.28319

       It is unlawful to operate snow removal equipment on a highway28320
unless the lights thereon comply with and are lighted when and as28321
required by the standards and specifications adopted as provided28322
in this section.28323

       (B)Whoever violates this section shall be punished as28324
provided in section 4513.99 of the Revised Code.28325

       Sec. 4513.182.  (A) No person shall operate any motor28326
vehicle owned, leased, or hired by a nursery school, kindergarten,28327
or day-care center, while transporting preschool children to or28328
from such an institution unless the motor vehicle is equipped with28329
and displaying two amber flashing lights mounted on a bar attached28330
to the top of the vehicle, and a sign bearing the designation28331
"caution--children," which shall be attached to the bar carrying28332
the amber flashing lights in such a manner as to be legible to28333
persons both in front of and behind the vehicle. The lights and28334
sign shall meet standards and specifications adopted by the28335
director of public safety. The director, subject to Chapter 119.28336
of the Revised Code, shall adopt standards and specifications for28337
the lights and sign, which shall include, but are not limited to,28338
requirements for the color and size of lettering to be used on the28339
sign, the type of material to be used for the sign, and the method28340
of mounting the lights and sign so that they can be removed from a28341
motor vehicle being used for purposes other than those specified28342
in this section.28343

       (B) No person shall operate a motor vehicle displaying the28344
lights and sign required by this section for any purpose other28345
than the transportation of preschool children as provided in this28346
section.28347

       (C)Whoever violates this section shall be punished as28348
provided in section 4513.99 of the Revised Code.28349

       Sec. 4513.19. (A) No person shall use any lights mentioned28350
in sections 4513.03 to 4513.18 of the Revised Code, upon any motor28351
vehicle, trailer, or semitrailer unless said lights are equipped,28352
mounted, and adjusted as to focus and aim in accordance with28353
regulations which are prescribed by the director of public safety.28354

       (B)Whoever violates this section shall be punished as28355
provided in section 4513.99 of the Revised Code.28356

       Sec. 4513.20. (A) The following requirements govern as to28357
brake equipment on vehicles:28358

       (A)(1) Every trackless trolley and motor vehicle, other than28359
a motorcycle, when operated upon a highway shall be equipped with28360
brakes adequate to control the movement of and to stop and hold28361
such trackless trolley or motor vehicle, including two separate28362
means of applying the brakes, each of which means shall be28363
effective to apply the brakes to at least two wheels. If these28364
two separate means of applying the brakes are connected in any28365
way, then on such trackless trolleys or motor vehicles28366
manufactured or assembled after January 1, 1942, they shall be so28367
constructed that failure of any one part of the operating28368
mechanism shall not leave the trackless trolley or motor vehicle28369
without brakes on at least two wheels.28370

       (B)(2) Every motorcycle, when operated upon a highway shall28371
be equipped with at least one adequate brake, which may be28372
operated by hand or by foot.28373

       (C)(3) Every motorized bicycle shall be equipped with brakes28374
meeting the rules adopted by the director of public safety under28375
section 4511.521 of the Revised Code.28376

       (D)(4) When operated upon the highways of this state, the28377
following vehicles shall be equipped with brakes adequate to28378
control the movement of and to stop and to hold the vehicle,28379
designed to be applied by the driver of the towing motor vehicle28380
from its cab, and also designed and connected so that, in case of28381
a breakaway of the towed vehicle, the brakes shall be28382
automatically applied:28383

       (1)(a) Every trailer or semitrailer, except a pole trailer,28384
with an empty weight of two thousand pounds or more, manufactured28385
or assembled on or after January 1, 1942;28386

       (2)(b) Every manufactured home or travel trailer with an28387
empty weight of two thousand pounds or more, manufactured or28388
assembled on or after January 1, 2001.28389

       (E)(5) In any combination of motor-drawn trailers or28390
semitrailers equipped with brakes, means shall be provided for28391
applying the rearmost brakes in approximate synchronism with the28392
brakes on the towing vehicle, and developing the required braking28393
effort on the rearmost wheels at the fastest rate; or means shall28394
be provided for applying braking effort first on the rearmost28395
brakes; or both of the above means, capable of being used28396
alternatively, may be employed.28397

       (F)(6) Every vehicle and combination of vehicles, except28398
motorcycles and motorized bicycles, and except trailers and28399
semitrailers of a gross weight of less than two thousand pounds,28400
and pole trailers, shall be equipped with parking brakes adequate28401
to hold the vehicle on any grade on which it is operated, under28402
all conditions of loading, on a surface free from snow, ice, or28403
loose material. The parking brakes shall be capable of being28404
applied in conformance with the foregoing requirements by the28405
driver's muscular effort or by spring action or by equivalent28406
means. Their operation may be assisted by the service brakes or28407
other source of power provided that failure of the service brake28408
actuation system or other power assisting mechanism will not28409
prevent the parking brakes from being applied in conformance with28410
the foregoing requirements. The parking brakes shall be so28411
designed that when once applied they shall remain applied with the28412
required effectiveness despite exhaustion of any source of energy28413
or leakage of any kind.28414

       (G)(7) The same brake drums, brake shoes and lining28415
assemblies, brake shoe anchors, and mechanical brake shoe28416
actuation mechanism normally associated with the wheel brake28417
assemblies may be used for both the service brakes and the parking28418
brakes. If the means of applying the parking brakes and the28419
service brakes are connected in any way, they shall be so28420
constructed that failure of any one part shall not leave the28421
vehicle without operative brakes.28422

       (H)(8) Every trackless trolley, motor vehicle, or28423
combination of motor-drawn vehicles shall be capable at all times28424
and under all conditions of loading of being stopped on a dry,28425
smooth, level road free from loose material, upon application of28426
the service or foot brake, within the following specified28427
distances, or shall be capable of being decelerated at a sustained28428
rate corresponding to these distances:28429

       (1)(a) Trackless trolleys, vehicles, or combinations of28430
vehicles having brakes on all wheels shall come to a stop in28431
thirty feet or less from a speed of twenty miles per hour.28432

       (2)(b) Vehicles or combinations of vehicles not having28433
brakes on all wheels shall come to a stop in forty feet or less28434
from a speed of twenty miles per hour.28435

       (I)(9) All brakes shall be maintained in good working order28436
and shall be so adjusted as to operate as equally as practicable28437
with respect to the wheels on opposite sides of the trackless28438
trolley or vehicle.28439

       (B) Whoever violates this section shall be punished as28440
provided in section 4513.99 of the Revised Code.28441

       Sec. 4513.201.  (A) No hydraulic brake fluid for use in28442
motor vehicles shall be sold in this state if the brake fluid is28443
below the minimum standard of specifications for heavy duty type28444
brake fluid established by the society of automotive engineers and28445
the standard of specifications established by 49 C.F.R. 571.116,28446
as amended.28447

       (B) All manufacturers, packers, or distributors of brake28448
fluid selling such fluid in this state shall state on the28449
containers that the brake fluid therein meets or exceeds the28450
applicable minimum SAE standard of specifications and the standard28451
of specifications established in 49 C.F.R. 571.116, as amended.28452

       (C)Whoever violates this section shall be punished as28453
provided in section 4513.99 of the Revised Code.28454

       Sec. 4513.202.  (A) No brake lining, brake lining material,28455
or brake lining assemblies for use as repair and replacement parts28456
in motor vehicles shall be sold in this state if these items do28457
not meet or exceed the minimum standard of specifications28458
established by the society of automotive engineers and the28459
standard of specifications established in 49 C.F.R. 571.105, as28460
amended, and 49 C.F.R. 571.135, as amended.28461

       (B) All manufacturers or distributors of brake lining, brake28462
lining material, or brake lining assemblies selling these items28463
for use as repair and replacement parts in motor vehicles shall28464
state that the items meet or exceed the applicable minimum28465
standard of specifications.28466

       (C) Whoever violates this section shall be punished as28467
provided in section 4513.99 of the Revised Code.28468

       (D) As used in this section, "minimum standard of28469
specifications" means a minimum standard for brake system or brake28470
component performance that meets the need for motor vehicle safety28471
and complies with the applicable SAE standards and recommended28472
practices, and the federal motor vehicle safety standards that28473
cover the same aspect of performance for any brake lining, brake28474
lining material, or brake lining assemblies.28475

       Sec. 4513.21. (A) Every motor vehicle or trackless trolley28476
when operated upon a highway shall be equipped with a horn which28477
is in good working order and capable of emitting sound audible,28478
under normal conditions, from a distance of not less than two28479
hundred feet.28480

       No motor vehicle or trackless trolley shall be equipped with,28481
nor shall any person use upon a vehicle, any siren, whistle, or28482
bell. Any vehicle may be equipped with a theft alarm signal28483
device which shall be so arranged that it cannot be used as an28484
ordinary warning signal. Every emergency vehicle shall be28485
equipped with a siren, whistle, or bell, capable of emitting sound28486
audible under normal conditions from a distance of not less than28487
five hundred feet and of a type approved by the director of public28488
safety. Such equipment shall not be used except when such vehicle28489
is operated in response to an emergency call or is in the28490
immediate pursuit of an actual or suspected violator of the law,28491
in which case the driver of the emergency vehicle shall sound such28492
equipment when it is necessary to warn pedestrians and other28493
drivers of the approach thereof.28494

       (B)Whoever violates this section shall be punished as28495
provided in section 4513.99 of the Revised Code.28496

       Sec. 4513.22. (A) Every motor vehicle and motorcycle with28497
an internal combustion engine shall at all times be equipped with28498
a muffler which is in good working order and in constant operation28499
to prevent excessive or unusual noise, and no person shall use a28500
muffler cutout, by-pass, or similar device upon a motor vehicle on28501
a highway. Every motorcycle muffler shall be equipped with baffle28502
plates.28503

       No person shall own, operate, or have in histhe person's28504
possession any motor vehicle or motorcycle equipped with a device28505
for producing excessive smoke or gas, or so equipped as to permit28506
oil or any other chemical to flow into or upon the exhaust pipe or28507
muffler of such vehicle, or equipped in any other way to produce28508
or emit smoke or dangerous or annoying gases from any portion of28509
such vehicle, other than the ordinary gases emitted by the exhaust28510
of an internal combustion engine under normal operation.28511

       (B)Whoever violates this section shall be punished as28512
provided in section 4513.99 of the Revised Code.28513

       Sec. 4513.23. (A) Every motor vehicle, motorcycle, and28514
trackless trolley shall be equipped with a mirror so located as to28515
reflect to the operator a view of the highway to the rear of such28516
vehicle, motorcycle, or trackless trolley. Operators of vehicles,28517
motorcycles, streetcars, and trackless trolleys shall have a clear28518
and unobstructed view to the front and to both sides of their28519
vehicles, motorcycles, streetcars, or trackless trolleys and shall28520
have a clear view to the rear of their vehicles, motorcycles,28521
streetcars, or trackless trolleys by mirror.28522

       (B)Whoever violates this section shall be punished as28523
provided in section 4513.99 of the Revised Code.28524

       Sec. 4513.24.  (A) No person shall drive any motor vehicle28525
on a street or highway in this state, other than a motorcycle or28526
motorized bicycle, that is not equipped with a windshield.28527

       (B) No person shall drive any motor vehicle, other than a28528
bus, with any sign, poster, or other nontransparent material upon28529
the front windshield, sidewings, side, or rear windows of such28530
vehicle other than a certificate or other paper required to be28531
displayed by law, except that there may be in the lower left-hand28532
or right-hand corner of the windshield a sign, poster, or decal28533
not to exceed four inches in height by six inches in width. No28534
sign, poster, or decal shall be displayed in the front windshield28535
in such a manner as to conceal the vehicle identification number28536
for the motor vehicle when, in accordance with federal law, that28537
number is located inside the vehicle passenger compartment and so28538
placed as to be readable through the vehicle glazing without28539
moving any part of the vehicle.28540

       (C) The windshield on every motor vehicle, streetcar, and28541
trackless trolley shall be equipped with a device for cleaning28542
rain, snow, or other moisture from the windshield. The device28543
shall be maintained in good working order and so constructed as to28544
be controlled or operated by the operator of the vehicle,28545
streetcar, or trackless trolley.28546

       (D)Whoever violates this section shall be punished as28547
provided in section 4513.99 of the Revised Code.28548

       Sec. 4513.241.  (A) The director of public safety, in28549
accordance with Chapter 119. of the Revised Code, shall adopt28550
rules governing the use of tinted glass, and the use of28551
transparent, nontransparent, translucent, and reflectorized28552
materials in or on motor vehicle windshields, side windows,28553
sidewings, and rear windows that prevent a person of normal vision28554
looking into the motor vehicle from seeing or identifying persons28555
or objects inside the motor vehicle.28556

       (B) The rules adopted under this section may provide for28557
persons who meet either of the following qualifications:28558

       (1) On November 11, 1994, or the effective date of this28559
section or of any rule adopted under this section, own a motor28560
vehicle that does not comformconform to the requirements of this28561
section or of any rule adopted under this section;28562

       (2) Establish residency in this state and are required to28563
register a motor vehicle that does not conform to the requirements28564
of this section or of any rule adopted under this section.28565

       (C) No person shall operate, on any highway or other public28566
or private property open to the public for vehicular travel or28567
parking, lease, or rent any motor vehicle that is registered in28568
this state unless the motor vehicle conforms to the requirements28569
of this section and of any applicable rule adopted under this28570
section.28571

       (D) No person shall install in or on any motor vehicle, any28572
glass or other material that fails to conform to the requirements28573
of this section or of any rule adopted under this section.28574

       (E) No used motor vehicle dealer or new motor vehicle28575
dealer, as defined in section 4517.01 of the Revised Code, shall28576
sell any motor vehicle that fails to conform to the requirements28577
of this section or of any rule adopted under this section.28578

       (F) No reflectorized materials shall be permitted upon or in28579
any front windshield, side windows, sidewings, or rear window.28580

       (G) This section does not apply to the manufacturer's28581
tinting or glazing of motor vehicle windows or windshields that is28582
otherwise in compliance with or permitted by federal motor vehicle28583
safety standard number two hundred five.28584

       (H) With regard to any side window behind a driver's seat or28585
any rear window other than any window on an emergency door, this28586
section does not apply to any school bus used to transport a28587
handicapped child pursuant to a special education program under28588
Chapter 3323. of the Revised Code, whom it is impossible or28589
impractical to transport by regular school bus in the course of28590
regular route transportation provided by a school district. As28591
used in this division, "handicapped child" and "special education28592
program" have the same meanings as in section 3323.01 of the28593
Revised Code.28594

       (I) This section does not apply to any school bus that is to28595
be sold and operated outside this state.28596

       (J)Whoever violates division (C), (D), (E), or (F) of this28597
section is guilty of a minor misdemeanor.28598

       Sec. 4513.242. (A) Notwithstanding section 4513.24 and28599
division (F) of section 4513.241 of the Revised Code or any rule28600
adopted thereunder, a decal, whether reflectorized or not, may be28601
displayed upon any side window or sidewing of a motor vehicle if28602
all of the following are met:28603

       (A)(1) The decal is necessary for public or private security28604
arrangements to which the motor vehicle periodically is subjected;28605

       (B)(2) The decal is no larger than is necessary to28606
accomplish the security arrangements;28607

       (C)(3) The decal does not obscure the vision of the motor28608
vehicle operator or prevent a person looking into the motor28609
vehicle from seeing or identifying persons or objects inside the28610
motor vehicle.28611

       (B)Whoever violates this section shall be punished as28612
provided in section 4513.99 of the Revised Code.28613

       Sec. 4513.25. (A) Every solid tire, as defined in section28614
4501.01 of the Revised Code, on a vehicle shall have rubber or28615
other resilient material on its entire traction surface at least28616
one inch thick above the edge of the flange of the entire28617
periphery.28618

       (B)Whoever violates this section shall be punished as28619
provided in section 4513.99 of the Revised Code.28620

       Sec. 4513.26. (A) No person shall sell any new motor28621
vehicle nor shall any new motor vehicle be registered, and no28622
person shall operate any motor vehicle, which is registered in28623
this state and which has been manufactured or assembled on or28624
after January 1, 1936, unless the motor vehicle is equipped with28625
safety glass wherever glass is used in the windshields, doors,28626
partitions, rear windows, and windows on each side immediately28627
adjacent to the rear window.28628

       "Safety glass" means any product composed of glass so28629
manufactured, fabricated, or treated as substantially to prevent28630
shattering and flying of the glass when it is struck or broken, or28631
such other or similar product as may be approved by the registrar28632
of motor vehicles.28633

       Glass other than safety glass shall not be offered for sale,28634
or sold for use in, or installed in any door, window, partition,28635
or windshield that is required by this section to be equipped with28636
safety glass.28637

       (B)Whoever violates this section shall be punished as28638
provided in section 4513.99 of the Revised Code.28639

       Sec. 4513.261.  (A)(1) No person shall operate any motor28640
vehicle manufactured or assembled on or after January 1, 1954,28641
unless the vehicle is equipped with electrical or mechanical28642
directional signals.28643

       (2) No person shall operate any motorcycle or motor-driven28644
cycle manufactured or assembled on or after January 1, 1968,28645
unless the vehicle is equipped with electrical or mechanical28646
directional signals.28647

       (B) "Directional signals" means an electrical or mechanical28648
signal device capable of clearly indicating an intention to turn28649
either to the right or to the left and which shall be visible from28650
both the front and rear.28651

       (C) All mechanical signal devices shall be self-illuminating28652
devices when in use at the times mentioned in section 4513.03 of28653
the Revised Code.28654

       (D) Whoever violates this section is guilty of a minor28655
misdemeanor.28656

       Sec. 4513.262. (A) As used in this section and in section28657
4513.263 of the Revised Code, the component parts of a "seat28658
safety belt" include a belt, anchor attachment assembly, and a28659
buckle or closing device.28660

       (A)(B) No person shall sell, lease, rent, or operate any28661
passenger car, as defined in division (E) of section 4501.01 of28662
the Revised Code, that is registered or to be registered in this28663
state and that is manufactured or assembled on or after January 1,28664
1962, unless the passenger car is equipped with sufficient28665
anchorage units at the attachment points for attaching at least28666
two sets of seat safety belts to its front seat. Such anchorage28667
units at the attachment points shall be of such construction,28668
design, and strength to support a loop load pull of not less than28669
four thousand pounds for each belt.28670

       (B)(C) No person shall sell, lease, or rent any passenger28671
car, as defined in division (E) of section 4501.01 of the Revised28672
Code, that is registered or to be registered in this state and28673
that is manufactured or assembled on or after January 1, 1966,28674
unless the passenger car has installed in its front seat at least28675
two seat safety belt assemblies.28676

       (C)(D) After January 1, 1966, neither any seat safety belt28677
for use in a motor vehicle nor any component part of any such seat28678
safety belt shall be sold in this state unless the seat safety28679
belt or the component part satisfies the minimum standard of28680
specifications established by the society of automotive engineers28681
for automotive seat belts and unless the seat safety belt or28682
component part is labeled so as to indicate that it meets those28683
minimum standard specifications.28684

       (D)(E) Each sale, lease, or rental in violation of this28685
section constitutes a separate offense.28686

       (F) Whoever violates this section is guilty of a minor28687
misdemeanor.28688

       Sec. 4513.263.  (A) As used in this section and in section28689
4513.99 of the Revised Code:28690

       (1) "Automobile" means any commercial tractor, passenger28691
car, commercial car, or truck that is required to be28692
factory-equipped with an occupant restraining device for the28693
operator or any passenger by regulations adopted by the United28694
States secretary of transportation pursuant to the "National28695
Traffic and Motor Vehicle Safety Act of 1966," 80 Stat. 719, 1528696
U.S.C.A. 1392.28697

       (2) "Occupant restraining device" means a seat safety belt,28698
shoulder belt, harness, or other safety device for restraining a28699
person who is an operator of or passenger in an automobile and28700
that satisfies the minimum federal vehicle safety standards28701
established by the United States department of transportation.28702

       (3) "Passenger" means any person in an automobile, other28703
than its operator, who is occupying a seating position for which28704
an occupant restraining device is provided.28705

       (4) "Commercial tractor," "passenger car," and "commercial28706
car" have the same meanings as in section 4501.01 of the Revised28707
Code.28708

       (5) "Vehicle" and "motor vehicle," as used in the28709
definitions of the terms set forth in division (A)(4) of this28710
section, have the same meanings as in section 4511.01 of the28711
Revised Code.28712

       (B) No person shall do any of the following:28713

       (1) Operate an automobile on any street or highway unless28714
that person is wearing all of the available elements of a properly28715
adjusted occupant restraining device, or operate a school bus that28716
has an occupant restraining device installed for use in its28717
operator's seat unless that person is wearing all of the available28718
elements of the device, as properly adjusted;28719

       (2) Operate an automobile on any street or highway unless28720
each passenger in the automobile who is subject to the requirement28721
set forth in division (B)(3) of this section is wearing all of the28722
available elements of a properly adjusted occupant restraining28723
device;28724

       (3) Occupy, as a passenger, a seating position on the front28725
seat of an automobile being operated on any street or highway28726
unless that person is wearing all of the available elements of a28727
properly adjusted occupant restraining device;28728

       (4) Operate a taxicab on any street or highway unless all28729
factory-equipped occupant restraining devices in the taxicab are28730
maintained in usable form.28731

       (C) Division (B)(3) of this section does not apply to a28732
person who is required by section 4511.81 of the Revised Code to28733
be secured in a child restraint device. Division (B)(1) of this28734
section does not apply to a person who is an employee of the28735
United States postal service or of a newspaper home delivery28736
service, during any period in which the person is engaged in the28737
operation of an automobile to deliver mail or newspapers to28738
addressees. Divisions (B)(1) and (3) of this section do not apply28739
to a person who has an affidavit signed by a physician licensed to28740
practice in this state under Chapter 4731. of the Revised Code or28741
a chiropractor licensed to practice in this state under Chapter28742
4734. of the Revised Code that states that the person has a28743
physical impairment that makes use of an occupant restraining28744
device impossible or impractical.28745

       (D) Notwithstanding any provision of law to the contrary, no28746
law enforcement officer shall cause an operator of an automobile28747
being operated on any street or highway to stop the automobile for28748
the sole purpose of determining whether a violation of division28749
(B) of this section has been or is being committed or for the sole28750
purpose of issuing a ticket, citation, or summons for a violation28751
of that nature or causing the arrest of or commencing a28752
prosecution of a person for a violation of that nature, and no law28753
enforcement officer shall view the interior or visually inspect28754
any automobile being operated on any street or highway for the28755
sole purpose of determining whether a violation of that nature has28756
been or is being committed.28757

       (E) All fines collected for violations of division (B) of28758
this section, or for violations of any ordinance or resolution of28759
a political subdivision that is substantively comparable to that28760
division, shall be forwarded to the treasurer of state for deposit28761
as follows:28762

       (1) Eight per cent shall be deposited into the seat belt28763
education fund, which is hereby created in the state treasury, and28764
shall be used by the department of public safety to establish a28765
seat belt education program.28766

       (2) Eight per cent shall be deposited into the elementary28767
school program fund, which is hereby created in the state28768
treasury, and shall be used by the department of public safety to28769
establish and administer elementary school programs that encourage28770
seat safety belt use.28771

       (3) Two per cent shall be deposited into the Ohio ambulance28772
licensing trust fund created by section 4766.05 of the Revised28773
Code.28774

       (4) Twenty-eight per cent shall be deposited into the trauma28775
and emergency medical services fund, which is hereby created in28776
the state treasury, and shall be used by the department of public28777
safety for the administration of the division of emergency medical28778
services and the state board of emergency medical services.28779

       (5) Fifty-four per cent shall be deposited into the trauma28780
and emergency medical services grants fund, which is hereby28781
created in the state treasury, and shall be used by the state28782
board of emergency medical services to make grants, in accordance28783
with section 4765.07 of the Revised Code and rules the board28784
adopts under section 4765.11 of the Revised Code.28785

       (F)(1) Subject to division (F)(2) of this section, the28786
failure of a person to wear all of the available elements of a28787
properly adjusted occupant restraining device or to ensure that28788
each passenger of an automobile being operated by the person is28789
wearing all of the available elements of such a device, in28790
violation of division (B) of this section, shall not be considered 28791
or used as evidence of negligence or contributory negligence,28792
shall not diminish recovery for damages in any civil action28793
involving the person arising from the ownership, maintenance, or28794
operation of an automobile; shall not be used as a basis for a28795
criminal prosecution of the person other than a prosecution for a28796
violation of this section; and shall not be admissible as evidence28797
in any civil or criminal action involving the person other than a28798
prosecution for a violation of this section.28799

       (2) If, at the time of an accident involving a passenger car28800
equipped with occupant restraining devices, any occupant of the28801
passenger car who sustained injury or death was not wearing an28802
available occupant restraining device, was not wearing all of the28803
available elements of such a device, or was not wearing such a28804
device as properly adjusted, then, consistent with the Rules of28805
Evidence, the fact that the occupant was not wearing the available28806
occupant restraining device, was not wearing all of the available28807
elements of such a device, or was not wearing such a device as28808
properly adjusted is admissible in evidence in relation to any28809
claim for relief in a tort action to the extent that the claim for28810
relief satisfies all of the following:28811

       (a) It seeks to recover damages for injury or death to the28812
occupant.28813

       (b) The defendant in question is the manufacturer, designer,28814
distributor, or seller of the passenger car.28815

       (c) The claim for relief against the defendant in question28816
is that the injury or death sustained by the occupant was enhanced28817
or aggravated by some design defect in the passenger car or that28818
the passenger car was not crashworthy.28819

       (3) As used in division (F)(2) of this section, "tort28820
action" means a civil action for damages for injury, death, or28821
loss to person or property. "Tort action" includes a product28822
liability claim that is subject to sections 2307.71 to 2307.80 of28823
the Revised Code, but does not include a civil action for damages28824
for a breach of a contract or another agreement between persons.28825

       (G)(1) Whoever violates division (B)(1) of this section28826
shall be fined thirty dollars.28827

       (2) Whoever violates division (B)(3) of this section shall28828
be fined twenty dollars.28829

       (3) Except as otherwise provided in this division, whoever28830
violates division (B)(4) of this section is guilty of a minor28831
misdemeanor. If the offender previously has been convicted of or28832
pleaded guilty to a violation of division (B)(4) of this section,28833
whoever violates division (B)(4) of this section is guilty of a28834
misdemeanor of the third degree.28835

       Sec. 4513.27.  (A) No person shall operate any motor truck,28836
trackless trolley, bus, or commercial tractor upon any highway28837
outside the corporate limits of municipalities at any time from28838
sunset to sunrise unless there is carried in such vehicle and28839
trackless trolley, except as provided in division (B) of this28840
section, the following equipment which shall be of the types28841
approved by the director of transportation:28842

       (1) At least three flares or three red reflectors or three28843
red electric lanterns, each of which is capable of being seen and28844
distinguished at a distance of five hundred feet under normal28845
atmospheric conditions at night time;28846

       (2) At least three red-burning fusees, unless red reflectors28847
or red electric lanterns are carried;28848

       (3) At least two red cloth flags, not less than twelve28849
inches square, with standards to support them;28850

       (4) The type of red reflectors shall comply with such28851
standards and specifications in effect on September 16, 1963 or28852
later established by the interstate commerce commission and must28853
be certified as meeting such standards by underwriter's28854
laboratories.28855

       (B) No person shall operate at the time and under the28856
conditions stated in this section any motor vehicle used in28857
transporting flammable liquids in bulk, or in transporting28858
compressed flammable gases, unless there is carried in such28859
vehicle three red electric lanterns or three red reflectors28860
meeting the requirements stated in division (A) of this section.28861
There shall not be carried in any such vehicle any flare, fusee,28862
or signal produced by a flame.28863

       (C) This section does not apply to any person who operates28864
any motor vehicle in a work area designated by protection28865
equipment devices that are displayed and used in accordance with28866
the manual adopted by the department of transportation under28867
section 4511.09 of the Revised Code.28868

       (D) Whoever violates this section shall be punished as28869
provided in section 4513.99 of the Revised Code.28870

       Sec. 4513.28.  (A) Whenever any motor truck, trackless28871
trolley, bus, commercial tractor, trailer, semi-trailer, or pole28872
trailer is disabled upon the traveled portion of any highway or28873
the shoulder thereof outside of any municipality, or upon any28874
freeway, expressway, thruway and connecting, entering or exiting28875
ramps within a municipality, at any time when lighted lamps are28876
required on vehicles and trackless trolleys, the operator of such28877
vehicle or trackless trolley shall display the following warning28878
devices upon the highway during the time the vehicle or trackless28879
trolley is so disabled on the highway except as provided in28880
division (B) of this section:28881

       (l) A lighted fusee shall be immediately placed on the28882
roadway at the traffic side of such vehicle or trackless trolley,28883
unless red electric lanterns or red reflectors are displayed.28884

       (2) Within the burning period of the fusee and as promptly28885
as possible, three lighted flares or pot torches, or three red28886
reflectors or three red electric lanterns shall be placed on the28887
roadway as follows:28888

       (a) One at a distance of forty paces or approximately one28889
hundred feet in advance of the vehicle;28890

       (b) One at a distance of forty paces or approximately one28891
hundred feet to the rear of the vehicle or trackless trolley28892
except as provided in this section, each in the center of the lane28893
of traffic occupied by the disabled vehicle or trackless trolley;28894

       (c) One at the traffic side of the vehicle or trackless28895
trolley.28896

       (B) Whenever any vehicle used in transporting flammable28897
liquids in bulk, or in transporting compressed flammable gases, is28898
disabled upon a highway at any time or place mentioned in division28899
(A) of this section, the driver of such vehicle shall display upon28900
the roadway the following warning devices:28901

       (l) One red electric lantern or one red reflector shall be28902
immediately placed on the roadway at the traffic side of the28903
vehicle;28904

       (2) Two other red electric lanterns or two other red28905
reflectors shall be placed to the front and rear of the vehicle in28906
the same manner prescribed for flares in division (A) of this28907
section.28908

       (C) When a vehicle of a type specified in division (B) of28909
this section is disabled, the use of flares, fusees, or any signal28910
produced by flame as warning signals is prohibited.28911

       (D) Whenever any vehicle or trackless trolley of a type28912
referred to in this section is disabled upon the traveled portion28913
of a highway or the shoulder thereof, outside of any municipality,28914
or upon any freeway, expressway, thruway and connecting, entering28915
or exiting ramps within a municipality, at any time when the28916
display of fusees, flares, red reflectors, or electric lanterns is28917
not required, the operator of such vehicle or trackless trolley28918
shall display two red flags upon the roadway in the lane of28919
traffic occupied by the disabled vehicle or trackless trolley, one28920
at a distance of forty paces or approximately one hundred feet in28921
advance of the vehicle or trackless trolley, and one at a distance28922
of forty paces or approximately one hundred feet to the rear of28923
the vehicle or trackless trolley, except as provided in this28924
section.28925

       (E) The flares, fusees, lanterns, red reflectors, and flags28926
to be displayed as required in this section shall conform with the28927
requirements of section 4513.27 of the Revised Code applicable28928
thereto.28929

       (F) In the event the vehicle or trackless trolley is28930
disabled near a curve, crest of a hill, or other obstruction of28931
view, the flare, flag, reflector, or lantern in that direction28932
shall be placed as to afford ample warning to other users of the28933
highway, but in no case shall it be placed less than forty paces28934
or approximately one hundred feet nor more than one hundred twenty28935
paces or approximately three hundred feet from the disabled28936
vehicle or trackless trolley.28937

       (G) This section does not apply to the operator of any28938
vehicle in a work area designated by protection equipment devices28939
that are displayed and used in accordance with the manual adopted28940
by the department of transportation under section 4511.09 of the28941
Revised Code.28942

       (H)Whoever violates this section shall be punished as28943
provided in section 4513.99 of the Revised Code.28944

       Sec. 4513.29. (A) Any person operating any vehicle28945
transporting explosives upon a highway shall at all times comply28946
with the following requirements:28947

       (A)(1) Said vehicle shall be marked or placarded on each28948
side and on the rear with the word "explosives" in letters not28949
less than eight inches high, or there shall be displayed on the28950
rear of such vehicle a red flag not less than twenty-four inches28951
square marked with the word "danger" in white letters six inches28952
high, or shall be marked or placarded in accordance with section28953
177.823 of the United States department of transportation28954
regulations.28955

       (B)(2) Said vehicle shall be equipped with not less than two28956
fire extinguishers, filled and ready for immediate use, and placed28957
at convenient points on such vehicle.28958

       (C)(3) The director of transportation may promulgate such28959
regulations governing the transportation of explosives and other28960
dangerous articles by vehicles upon the highway as are reasonably28961
necessary to enforce sections 4513.01 to 4513.37 of the Revised28962
Code.28963

       (B)Whoever violates this section shall be punished as28964
provided in section 4513.99 of the Revised Code.28965

       Sec. 4513.30. (A) No passenger-type vehicle shall be28966
operated on a highway with any load carried on such vehicle which28967
extends more than six inches beyond the line of the fenders on the28968
vehicle's left side.28969

       (B)Whoever violates this section shall be punished as28970
provided in section 4513.99 of the Revised Code.28971

       Sec. 4513.31.  (A) No vehicle shall be driven or moved on28972
any highway unless the vehicle is so constructed, loaded, or28973
covered as to prevent any of its load from dropping, sifting,28974
leaking, or otherwise escaping therefrom, except that sand or28975
other substance may be dropped for the purpose of securing28976
traction, or water or other substance may be sprinkled on a28977
roadway in cleaning or maintaining the roadway.28978

       (B) Except for a farm vehicle used to transport agricultural28979
produce or agricultural production materials or a rubbish vehicle28980
in the process of acquiring its load, no vehicle loaded with28981
garbage, swill, cans, bottles, waste paper, ashes, refuse, trash,28982
rubbish, waste, wire, paper, cartons, boxes, glass, solid waste,28983
or any other material of an unsanitary nature that is susceptible28984
to blowing or bouncing from a moving vehicle shall be driven or28985
moved on any highway unless the load is covered with a sufficient28986
cover to prevent the load or any part of the load from spilling28987
onto the highway.28988

       (C)Whoever violates this section shall be punished as28989
provided in section 4513.99 of the Revised Code.28990

       Sec. 4513.32. (A) When one vehicle is towing another28991
vehicle, the drawbar or other connection shall be of sufficient28992
strength to pull all the weight towed thereby, and the drawbar or28993
other connection shall not exceed fifteen feet from one vehicle to28994
the other, except the connection between any two vehicles28995
transporting poles, pipe, machinery, or other objects of28996
structural nature which cannot readily be dismembered.28997

       When one vehicle is towing another and the connection28998
consists only of a chain, rope, or cable, there shall be displayed28999
upon such connection a white flag or cloth not less than twelve29000
inches square.29001

       In addition to such drawbar or other connection, each trailer29002
and each semitrailer which is not connected to a commercial29003
tractor by means of a fifth wheel shall be coupled with stay29004
chains or cables to the vehicle by which it is being drawn. The29005
chains or cables shall be of sufficient size and strength to29006
prevent the towed vehicle's parting from the drawing vehicle in29007
case the drawbar or other connection should break or become29008
disengaged. In case of a loaded pole trailer, the connecting pole29009
to the drawing vehicle shall be coupled to the drawing vehicle29010
with stay chains or cables of sufficient size and strength to29011
prevent the towed vehicle's parting from the drawing vehicle.29012

       Every trailer or semitrailer, except pole and cable trailers29013
and pole and cable dollies operated by a public utility as defined29014
in section 5727.01 of the Revised Code, shall be equipped with a29015
coupling device, which shall be so designed and constructed that29016
the trailer will follow substantially in the path of the vehicle29017
drawing it, without whipping or swerving from side to side.29018
Vehicles used to transport agricultural produce or agricultural29019
production materials between a local place of storage and supply29020
and the farm, when drawn or towed on a street or highway at a29021
speed of twenty-five miles per hour or less, and vehicles designed29022
and used exclusively to transport a boat between a place of29023
storage and a marina, or in and around a marina, when drawn or29024
towed on a street or highway for a distance of no more than ten29025
miles and at a speed of twenty-five miles per hour or less, shall29026
have a drawbar or other connection, including the hitch mounted on29027
the towing vehicle, which shall be of sufficient strength to pull29028
all the weight towed thereby. Only one such vehicle used to29029
transport agricultural produce or agricultural production29030
materials as provided in this section may be towed or drawn at one29031
time, except as follows:29032

       (A)(1) An agricultural tractor may tow or draw more than one29033
such vehicle;29034

       (B)(2) A pickup truck or straight truck designed by the29035
manufacturer to carry a load of not less than one-half ton and not29036
more than two tons may tow or draw not more than two such vehicles29037
that are being used to transport agricultural produce from the29038
farm to a local place of storage. No vehicle being so towed by29039
such a pickup truck or straight truck shall be considered to be a29040
motor vehicle.29041

       (B)Whoever violates this section shall be punished as29042
provided in section 4513.99 of the Revised Code.29043

       Sec. 4513.34.  (A) The director of transportation with29044
respect to all highways that are a part of the state highway29045
system and local authorities with respect to highways under their29046
jurisdiction, upon application in writing and for good cause29047
shown, may issue a special permit in writing authorizing the29048
applicant to operate or move a vehicle or combination of vehicles29049
of a size or weight of vehicle or load exceeding the maximum29050
specified in sections 5577.01 to 5577.09 of the Revised Code, or29051
otherwise not in conformity with sections 4513.01 to 4513.37 of29052
the Revised Code, upon any highway under the jurisdiction of the29053
authority granting the permit.29054

       For purposes of this section, the director may designate29055
certain state highways or portions of state highways as special29056
economic development highways. If an application submitted to the29057
director under this section involves travel of a nonconforming29058
vehicle or combination of vehicles upon a special economic29059
development highway, the director, in determining whether good29060
cause has been shown that issuance of a permit is justified, shall29061
consider the effect the travel of the vehicle or combination of29062
vehicles will have on the economic development in the area in29063
which the designated highway or portion of highway is located.29064

       (B) Notwithstanding sections 715.22 and 723.01 of the29065
Revised Code, the holder of a special permit issued by the29066
director under this section may move the vehicle or combination of29067
vehicles described in the special permit on any highway that is29068
a part of the state highway system when the movement is partly29069
within and partly without the corporate limits of a municipal29070
corporation. No local authority shall require any other permit or29071
license or charge any license fee or other charge against the29072
holder of a permit for the movement of a vehicle or combination of29073
vehicles on any highway that is a part of the state highway29074
system. The director shall not require the holder of a permit29075
issued by a local authority to obtain a special permit for the29076
movement of vehicles or combination of vehicles on highways within29077
the jurisdiction of the local authority. Permits may be issued29078
for any period of time not to exceed one year, as the director in 29079
the director's discretion or a local authority in its discretion 29080
determines advisable, or for the duration of any public29081
construction project.29082

       (C) The application for a permit shall be in the form that29083
the director or local authority prescribes. The director or local29084
authority may prescribe a permit fee to be imposed and collected29085
when any permit described in this section is issued. The permit29086
fee may be in an amount sufficient to reimburse the director or29087
local authority for the administrative costs incurred in issuing29088
the permit, and also to cover the cost of the normal and expected29089
damage caused to the roadway or a street or highway structure as29090
the result of the operation of the nonconforming vehicle or29091
combination of vehicles. The director, in accordance with Chapter29092
119. of the Revised Code, shall establish a schedule of fees for29093
permits issued by the director under this section.29094

       For the purposes of this section and of rules adopted by the29095
director under this section, milk transported in bulk by vehicle29096
is deemed a nondivisible load.29097

       (D) The director or local authority may issue or withhold a29098
permit. If a permit is to be issued, the director or local29099
authority may limit or prescribe conditions of operation for the29100
vehicle and may require the posting of a bond or other security29101
conditioned upon the sufficiency of the permit fee to compensate29102
for damage caused to the roadway or a street or highway structure.29103
In addition, a local authority, as a condition of issuance of an29104
overweight permit, may require the applicant to develop and enter29105
into a mutual agreement with the local authority to compensate for29106
or to repair excess damage caused to the roadway by travel under29107
the permit.29108

       For a permit that will allow travel of a nonconforming29109
vehicle or combination of vehicles on a special economic29110
development highway, the director, as a condition of issuance, may29111
require the applicant to agree to make periodic payments to the29112
department to compensate for damage caused to the roadway by29113
travel under the permit.29114

       (E) Every permit shall be carried in the vehicle or29115
combination of vehicles to which it refers and shall be open to29116
inspection by any police officer or authorized agent of any29117
authority granting the permit. No person shall violate any of the29118
terms of a permit.29119

       (F) Whoever violates this section shall be punished as29120
provided in section 4513.99 of the Revised Code.29121

       Sec. 4513.36. (A) No person shall resist, hinder, obstruct,29122
or abuse any sheriff, constable, or other official while suchthat29123
official is attempting to arrest offenders under any provision of29124
sections 4511.01 to 4511.78, inclusive, 4511.99, and 4513.01 to29125
4513.37, inclusive, of the Revised Code. No person shall29126
interfere with any person charged under suchany provision of any29127
of those sections with the enforcement of the law relative to29128
public highways.29129

       (B)Whoever violates this section is guilty of a minor29130
misdemeanor.29131

       Sec. 4513.361. (A) No person shall knowingly present,29132
display, or orally communicate a false name, social security29133
number, or date of birth to a law enforcement officer who is in29134
the process of issuing to the person a traffic ticket or29135
complaint.29136

       (B) Whoever violates this section is guilty of a misdemeanor29137
of the first degree.29138

       Sec. 4513.51.  (A) Except as provided in division (B) of29139
this section, on and after July 1, 2001, no person shall operate a29140
bus, nor shall any person being the owner of a bus or having29141
supervisory responsibility for a bus permit the operation of any29142
bus, unless the bus displays a valid, current safety inspection29143
decal issued by the state highway patrol under section 4513.52 of29144
the Revised Code.29145

       (B) For the purpose of complying with the requirements of29146
this section and section 4513.52 of the Revised Code, the owner or29147
other operator of a bus may drive the bus directly to an29148
inspection site conducted by the state highway patrol and directly29149
back to the person's place of business without a valid29150
registration and without displaying a safety inspection decal,29151
provided that no passengers may occupy the bus during such29152
operation.29153

       (C) The registrar of motor vehicles shall not accept an29154
application for registration of a bus unless the bus owner29155
presents a valid safety inspection report for the applicable29156
registration year.29157

       (D) Whoever violates division (A) of this section is guilty29158
of a misdemeanor of the first degree.29159

       Sec. 4513.60.  (A)(1) The sheriff of a county or chief of29160
police of a municipal corporation, township, or township police29161
district, within the sheriff's or chief's respective territorial29162
jurisdiction, upon complaint of any person adversely affected, may29163
order into storage any motor vehicle, other than an abandoned junk29164
motor vehicle as defined in section 4513.63 of the Revised Code,29165
that has been left on private residential or private agricultural29166
property for at least four hours without the permission of the29167
person having the right to the possession of the property. The29168
sheriff or chief of police, upon complaint of the owner of a29169
repair garage or place of storage, may order into storage any29170
motor vehicle, other than an abandoned junk motor vehicle, that29171
has been left at the garage or place of storage for a longer29172
period than that agreed upon. The place of storage shall be29173
designated by the sheriff or chief of police. When ordering a29174
motor vehicle into storage pursuant to this division, a sheriff or29175
chief of police, whenever possible, shall arrange for the removal29176
of the motor vehicle by a private tow truck operator or towing29177
company. Subject to division (C) of this section, the owner of a29178
motor vehicle that has been removed pursuant to this division may29179
recover the vehicle only in accordance with division (E) of this29180
section.29181

       (2) Divisions (A)(1) to (3) of this section do not apply to29182
any private residential or private agricultural property that is29183
established as a private tow-away zone in accordance with division29184
(B) of this section.29185

       (3) As used in divisions (A)(1) and (2) of this section,29186
"private residential property" means private property on which is29187
located one or more structures that are used as a home, residence,29188
or sleeping place by one or more persons, if no more than three29189
separate households are maintained in the structure or structures.29190
"Private residential property" does not include any private29191
property on which is located one or more structures that are used29192
as a home, residence, or sleeping place by two or more persons, if29193
more than three separate households are maintained in the29194
structure or structures.29195

       (B)(1) The owner of private property may establish a private29196
tow-away zone only if all of the following conditions are29197
satisfied:29198

       (a) The owner posts on the owner's property a sign, that is29199
at least eighteen inches by twenty-four inches in size, that is29200
visible from all entrances to the property, and that contains at29201
least all of the following information:29202

       (i) A notice that the property is a private tow-away zone29203
and that vehicles not authorized to park on the property will be29204
towed away;29205

       (ii) The telephone number of the person from whom a29206
towed-away vehicle can be recovered, and the address of the place29207
to which the vehicle will be taken and the place from which it may29208
be recovered;29209

       (iii) A statement that the vehicle may be recovered at any29210
time during the day or night upon the submission of proof of29211
ownership and the payment of a towing charge, in an amount not to29212
exceed ninety dollars, and a storage charge, in an amount not to29213
exceed twelve dollars per twenty-four-hour period; except that the29214
charge for towing shall not exceed one hundred fifty dollars, and29215
the storage charge shall not exceed twenty dollars per29216
twenty-four-hour period, if the vehicle has a manufacturer's gross29217
vehicle weight rating in excess of ten thousand pounds and is a29218
truck, bus, or a combination of a commercial tractor and trailer29219
or semitrailer.29220

       (b) The place to which the towed vehicle is taken and from29221
which it may be recovered is conveniently located, is well29222
lighted, and is on or within a reasonable distance of a regularly29223
scheduled route of one or more modes of public transportation, if29224
any public transportation is available in the municipal29225
corporation or township in which the private tow-away zone is29226
located.29227

       (2) If a vehicle is parked on private property that is29228
established as a private tow-away zone in accordance with division29229
(B)(1) of this section, without the consent of the owner of the29230
property or in violation of any posted parking condition or29231
regulation, the owner or the owner's agent may remove, or cause29232
the removal of, the vehicle, the owner and the operator of the29233
vehicle shall be deemed to have consented to the removal and29234
storage of the vehicle and to the payment of the towing and29235
storage charges specified in division (B)(1)(a)(iii) of this29236
section, and the owner, subject to division (C) of this section,29237
may recover a vehicle that has been so removed only in accordance29238
with division (E) of this section.29239

       (3) If a municipal corporation requires tow trucks and tow29240
truck operators to be licensed, no owner of private property29241
located within the municipal corporation shall remove, or shall29242
cause the removal and storage of, any vehicle pursuant to division29243
(B)(2) of this section by an unlicensed tow truck or unlicensed29244
tow truck operator.29245

       (4) Divisions (B)(1) to (3) of this section do not affect or29246
limit the operation of division (A) of this section or sections29247
4513.61 to 4513.65 of the Revised Code as they relate to property29248
other than private property that is established as a private29249
tow-away zone under division (B)(1) of this section.29250

       (C) If the owner or operator of a motor vehicle that has29251
been ordered into storage pursuant to division (A)(1) of this29252
section or of a vehicle that is being removed under authority of29253
division (B)(2) of this section arrives after the motor vehicle or29254
vehicle has been prepared for removal, but prior to its actual29255
removal from the property, the owner or operator shall be given29256
the opportunity to pay a fee of not more than one-half of the29257
charge for the removal of motor vehicles under division (A)(1) of29258
this section or of vehicles under division (B)(2) of this section,29259
whichever is applicable, that normally is assessed by the person29260
who has prepared the motor vehicle or vehicle for removal, in29261
order to obtain release of the motor vehicle or vehicle. Upon29262
payment of that fee, the motor vehicle or vehicle shall be29263
released to the owner or operator, and upon its release, the owner29264
or operator immediately shall move it so that:29265

       (1) If the motor vehicle was ordered into storage pursuant29266
to division (A)(1) of this section, it is not on the private29267
residential or private agricultural property without the29268
permission of the person having the right to possession of the29269
property, or is not at the garage or place of storage without the29270
permission of the owner, whichever is applicable.29271

       (2) If the vehicle was being removed under authority of29272
division (B)(2) of this section, it is not parked on the private29273
property established as a private tow-away zone without the29274
consent of the owner or in violation of any posted parking29275
condition or regulation.29276

       (D)(1) If an owner of private property that is established29277
as a private tow-away zone in accordance with division (B)(1) of29278
this section or the authorized agent of such an owner removes or29279
causes the removal of a vehicle from that property under authority29280
of division (B)(2) of this section, the owner or agent promptly29281
shall notify the police department of the municipal corporation,29282
township, or township police district in which the property is29283
located, of the removal, the vehicle's license number, make,29284
model, and color, the location from which it was removed, the date29285
and time of its removal, the telephone number of the person from29286
whom it may be recovered, and the address of the place to which it29287
has been taken and from which it may be recovered.29288

       (2) Each county sheriff and each chief of police of a29289
municipal corporation, township, or township police district shall29290
maintain a record of motor vehicles that the sheriff or chief29291
orders into storage pursuant to division (A)(1) of this section29292
and of vehicles removed from private property in the sheriff's or29293
chief's jurisdiction that is established as a private tow-away29294
zone of which the sheriff or chief has received notice under29295
division (D)(1) of this section. The record shall include an29296
entry for each such motor vehicle or vehicle that identifies the29297
motor vehicle's or vehicle's license number, make, model, and29298
color, the location from which it was removed, the date and time29299
of its removal, the telephone number of the person from whom it29300
may be recovered, and the address of the place to which it has29301
been taken and from which it may be recovered. Any information in29302
the record that pertains to a particular motor vehicle or vehicle29303
shall be provided to any person who, either in person or pursuant29304
to a telephone call, identifies self as the owner or operator of29305
the motor vehicle or vehicle and requests information pertaining29306
to its location.29307

       (3) Any person who registers a complaint that is the basis29308
of a sheriff's or police chief's order for the removal and storage29309
of a motor vehicle under division (A)(1) of this section shall29310
provide the identity of the law enforcement agency with which the29311
complaint was registered to any person who identifies self as the29312
owner or operator of the motor vehicle and requests information29313
pertaining to its location.29314

       (E) The owner of a motor vehicle that is ordered into29315
storage pursuant to division (A)(1) of this section or of a29316
vehicle that is removed under authority of division (B)(2) of this29317
section may reclaim it upon payment of any expenses or charges29318
incurred in its removal, in an amount not to exceed ninety29319
dollars, and storage, in an amount not to exceed twelve dollars29320
per twenty-four-hour period; except that the charge for towing29321
shall not exceed one hundred fifty dollars, and the storage charge29322
shall not exceed twenty dollars per twenty-four-hour period, if29323
the vehicle has a manufacturer's gross vehicle weight rating in29324
excess of ten thousand pounds and is a truck, bus, or a29325
combination of a commercial tractor and trailer or semitrailer.29326
Presentation of proof of ownership, which may be evidenced by a29327
certificate of title to the motor vehicle or vehicle also shall be29328
required for reclamation of the vehicle. If a motor vehicle that29329
is ordered into storage pursuant to division (A)(1) of this29330
section remains unclaimed by the owner for thirty days, the29331
procedures established by sections 4513.61 and 4513.62 of the29332
Revised Code shall apply.29333

       (F) No person shall remove, or cause the removal of, any29334
vehicle from private property that is established as a private29335
tow-away zone under division (B)(1) of this section other than in29336
accordance with division (B)(2) of this section, and no person29337
shall remove, or cause the removal of, any motor vehicle from any29338
other private property other than in accordance with division29339
(A)(1) of this section or sections 4513.61 to 4513.65 of the29340
Revised Code.29341

       (G)(1) Whoever violates division (B)(3) of this section is29342
guilty of a minor misdemeanor.29343

       (2) Except as otherwise provided in this division, whoever29344
violates division (F) of this section is guilty of a minor29345
misdemeanor. If the offender previously has been convicted of or29346
pleaded guilty to a violation of division (F) of this section,29347
whoever violates division (F) of this section is guilty of a29348
misdemeanor of the third degree.29349

       Sec. 4513.64. (A) No person shall willfully leave an29350
abandoned junk motor vehicle as defined in section 4513.63 of the29351
Revised Code on private property for more than seventy-two hours29352
without the permission of the person having the right to the29353
possession of the property, or on a public street or other29354
property open to the public for purposes of vehicular travel or29355
parking, or upon or within the right-of-way of any road or29356
highway, for forty-eight hours or longer without notification to29357
the sheriff of the county or chief of police of the municipal29358
corporation, township, or township police district of the reasons29359
for leaving the motor vehicle in such place.29360

       For purposes of this section, the fact that a motor vehicle29361
has been so left without permission or notification is prima-facie29362
evidence of abandonment.29363

       Nothing contained in sections 4513.60, 4513.61, and 4513.6329364
of the Revised Code shall invalidate the provisions of municipal29365
ordinances or township resolutions regulating or prohibiting the29366
abandonment of motor vehicles on streets, highways, public29367
property, or private property within municipal corporations or29368
townships.29369

       (B)Whoever violates this section is guilty of a minor29370
misdemeanor and shall also be assessed any costs incurred by the29371
county, township, or municipal corporation in disposing of the29372
abandoned junk motor vehicle that is the basis of the violation,29373
less any money accruing to the county, to the township, or to the29374
municipal corporation from this disposal of the vehicle.29375

       Sec. 4513.65. (A) For purposes of this section, "junk motor29376
vehicle" means any motor vehicle meeting the requirements of29377
divisions (B), (C), (D), and (E) of section 4513.63 of the Revised29378
Code that is left uncovered in the open on private property for29379
more than seventy-two hours with the permission of the person29380
having the right to the possession of the property, except if the29381
person is operating a junk yard or scrap metal processing facility29382
licensed under authority of sections 4737.05 to 4737.12 of the29383
Revised Code, or regulated under authority of a political29384
subdivision; or if the property on which the motor vehicle is left29385
is not subject to licensure or regulation by any governmental29386
authority, unless the person having the right to the possession of29387
the property can establish that the motor vehicle is part of a29388
bona fide commercial operation; or if the motor vehicle is a29389
collector's vehicle.29390

       No political subdivision shall prevent a person from storing29391
or keeping, or restrict hima person in the method of storing or29392
keeping, any collector's vehicle on private property with the29393
permission of the person having the right to the possession of the29394
property; except that a political subdivision may require a person29395
having such permission to conceal, by means of buildings, fences,29396
vegetation, terrain, or other suitable obstruction, any unlicensed29397
collector's vehicle stored in the open.29398

       The sheriff of a county, or chief of police of a municipal29399
corporation, within histhe sheriff's or chief's respective29400
territorial jurisdiction, a state highway patrol trooper, a board29401
of township trustees, the legislative authority of a municipal29402
corporation, or the zoning authority of a township or a municipal29403
corporation, may send notice, by certified mail with return29404
receipt requested, to the person having the right to the29405
possession of the property on which a junk motor vehicle is left,29406
that within ten days of receipt of the notice, the junk motor29407
vehicle either shall be covered by being housed in a garage or29408
other suitable structure, or shall be removed from the property.29409

       No person shall willfully leave a junk motor vehicle29410
uncovered in the open for more than ten days after receipt of a29411
notice as provided in this section. The fact that a junk motor29412
vehicle is so left is prima-facie evidence of willful failure to29413
comply with the notice, and each subsequent period of thirty days29414
that a junk motor vehicle continues to be so left constitutes a29415
separate offense.29416

       (B) Except as otherwise provided in this division, whoever29417
violates this section is guilty of a minor misdemeanor on a first29418
offense. If the offender previously has been convicted of or29419
pleaded guilty to one violation of this section, whoever violates29420
this section is guilty of a misdemeanor of the fourth degree. If29421
the offender previously has been convicted of or pleaded guilty to29422
two or more violations of this section, whoever violates this29423
section is guilty of a misdemeanor of the third degree.29424

       Sec. 4513.99.  (A) Whoever violates division (C), (D), (E),29425
or (F) of section 4513.241, section 4513.261, 4513.262, or29426
4513.36, or division (B)(3) of section 4513.60 of the Revised Code29427
is guilty of a minor misdemeanor.29428

       (B) Whoever violates section 4513.02 or 4513.021, or29429
division (B)(4) of section 4513.263, or division (F) of section29430
4513.60 of the Revised Code is guilty of a minor misdemeanor on a29431
first offense; on a second or subsequent offense such person is29432
guilty of a misdemeanor of the third degree.29433

       (C)Any violation of section 4513.03, 4513.04, 4513.05,29434
4513.06, 4513.07, 4513.071, 4513.09, 4513.10, 4513.11, 4513.111,29435
4513.12, 4513.13, 4513.14, 4513.15, 4513.16, 4513.17, 4513.171,29436
4513.18, 4513.182, 4513.19, 4513.20, 4513.201, 4513.202, 4513.21,29437
4513.22, 4513.23, 4513.24, 4513.242, 4513.25, 4513.26, 4513.27,29438
4513.28, 4513.29, 4513.30, 4513.31, 4513.32, or 4513.34 of the29439
Revised Code shall be punished under division (B) of this section.29440

       (B) Whoever violates the sections of this chapter that are29441
specifically required to be punished under this division, or any29442
provision of sections 4513.03 to 4513.262 or 4513.27 to 4513.37 of29443
the Revised Code, for which violation no penalty is otherwise29444
provided, is guilty of a minor misdemeanor on a first offense; on29445
a second offense within one year after the first offense, suchthe29446
person is guilty of a misdemeanor of the fourth degree; on each29447
subsequent offense within one year after the first offense, such29448
the person is guilty of a misdemeanor of the third degree.29449

       (D) Whoever violates section 4513.64 of the Revised Code is29450
guilty of a minor misdemeanor, and shall also be assessed any29451
costs incurred by the county, township, or municipal corporation29452
in disposing of such abandoned junk motor vehicle, less any money29453
accruing to the county, to the township, or to the municipal29454
corporation from such disposal.29455

       (E) Whoever violates section 4513.65 of the Revised Code is29456
guilty of a minor misdemeanor on a first offense; on a second29457
offense, such person is guilty of a misdemeanor of the fourth29458
degree; on each subsequent offense, such person is guilty of a29459
misdemeanor of the third degree.29460

       (F) Whoever violates division (B)(1) of section 4513.263 of29461
the Revised Code shall be fined thirty dollars.29462

       (G) Whoever violates division (B)(3) of section 4513.263 of29463
the Revised Code shall be fined twenty dollars.29464

       (H) Whoever violates section 4513.361 or division (A) of29465
section 4513.51 of the Revised Code is guilty of a misdemeanor of29466
the first degree.29467

       Sec. 4517.02.  (A) Except as otherwise provided in this29468
section, no person shall do any of the following:29469

       (1) Engage in the business of displaying or selling at29470
retail new motor vehicles or assume to engage in such business,29471
unless the person is licensed as a new motor vehicle dealer under29472
sections 4517.01 to 4517.45 of the Revised Code, or is a29473
salesperson licensed under those sections and employed by a29474
licensed new motor vehicle dealer;29475

       (2) Engage in the business of offering for sale, displaying29476
for sale, or selling at retail or wholesale used motor vehicles or29477
assume to engage in that business, unless the person is licensed29478
as a dealer under sections 4517.01 to 4517.45 of the Revised Code,29479
or is a salesperson licensed under those sections and employed by29480
a licensed used motor vehicle dealer or licensed new motor vehicle29481
dealer;29482

       (3) Engage in the business of regularly making available,29483
offering to make available, or arranging for another person to use29484
a motor vehicle, in the manner described in division (M) of29485
section 4517.01 of the Revised Code, unless the person is licensed29486
as a motor vehicle leasing dealer under sections 4517.01 to29487
4517.45 of the Revised Code;29488

       (4) Engage in the business of motor vehicle auctioning or29489
assume to engage in such business, unless the person is licensed29490
as a motor vehicle auction owner under sections 4517.01 to 4517.4529491
and 4707.01 to 4707.99 of the Revised Code;29492

       (5) Engage in the business of distributing motor vehicles or29493
assume to engage in such business, unless the person is licensed29494
as a distributor under sections 4517.01 to 4517.45 of the Revised29495
Code;29496

       (6) Make more than five casual sales of motor vehicles in a29497
twelve-month period, commencing with the day of the month in which29498
the first such sale is made, nor provide a location or space for29499
the sale of motor vehicles at a flea market, without obtaining a29500
license as a dealer under sections 4517.01 to 4517.45 of the29501
Revised Code; provided however that nothing in this section shall29502
be construed to prohibit the disposition without a license of a29503
motor vehicle originally acquired and held for purposes other than29504
sale, rental, or lease to an employee, retiree, officer, or29505
director of the person making the disposition, to a corporation29506
affiliated with the person making the disposition, or to a person29507
licensed under sections 4517.01 to 4517.45 of the Revised Code;29508

       (7) Engage in the business of brokering manufactured homes29509
unless that person is licensed as a manufactured home broker under29510
sections 4517.01 to 4517.45 of the Revised Code.29511

       (B) Nothing in this section shall be construed to require an29512
auctioneer licensed under sections 4707.01 to 4707.19 of the29513
Revised Code, to obtain a motor vehicle salesperson's license29514
under sections 4517.01 to 4517.45 of the Revised Code when29515
conducting an auction sale for a licensed motor vehicle dealer on29516
the dealer's premises, or when conducting an auction sale for a29517
licensed motor vehicle auction owner; nor shall such an auctioneer29518
be required to obtain a motor vehicle auction owner's license29519
under sections 4517.01 to 4517.45 of the Revised Code when engaged29520
in auctioning for a licensed motor vehicle auction owner.29521

       (C) Sections 4517.01 to 4517.45 of the Revised Code do not29522
apply to any of the following:29523

       (1) Persons engaging in the business of selling commercial29524
tractors, trailers, or semitrailers incidentally to engaging29525
primarily in business other than the selling or leasing of motor29526
vehicles;29527

       (2) Mortgagees selling at retail only those motor vehicles29528
that have come into their possession by a default in the terms of29529
a mortgage contract;29530

       (3) The leasing, rental, and interchange of motor vehicles29531
used directly in the rendition of a public utility service by29532
regulated motor carriers.29533

       (D) When a partnership licensed under sections 4517.01 to29534
4517.45 of the Revised Code is dissolved by death, the surviving29535
partners may operate under the license for a period of sixty days,29536
and the heirs or representatives of deceased persons and receivers29537
or trustees in bankruptcy appointed by any competent authority may29538
operate under the license of the person succeeded in possession by29539
such heir, representative, receiver, or trustee in bankruptcy.29540

       (E) No remanufacturer shall engage in the business of29541
selling at retail any new motor vehicle without having written29542
authority from the manufacturer or distributor of the vehicle to29543
sell new motor vehicles and to perform repairs under the terms of29544
the manufacturer's or distributor's new motor vehicle warranty,29545
unless, at the time of the sale of the vehicle, each customer is29546
furnished with a binding agreement ensuring that the customer has29547
the right to have the vehicle serviced or repaired by a new motor29548
vehicle dealer who is franchised to sell and service vehicles of29549
the same line-make as the chassis of the remanufactured vehicle29550
purchased by the customer and whose service or repair facility is29551
located within either twenty miles of the remanufacturer's29552
location and place of business or twenty miles of the customer's29553
residence or place of business. If there is no such new motor29554
vehicle dealer located within twenty miles of the remanufacturer's29555
location and place of business or the customer's residence or29556
place of business, the binding agreement furnished to the customer29557
may be with the new motor vehicle dealer who is franchised to sell29558
and service vehicles of the same line-make as the chassis of the29559
remanufactured vehicle purchased by the customer and whose service29560
or repair facility is located nearest to the remanufacturer's29561
location and place of business or the customer's residence or29562
place of business. Additionally, at the time of sale of any29563
vehicle, each customer of the remanufacturer shall be furnished29564
with a warranty issued by the remanufacturer for a term of at29565
least one year.29566

       (F)Except as otherwise provided in this division, whoever29567
violates this section is guilty of a minor misdemeanor and shall29568
be subject to a mandatory fine of one hundred dollars. If the29569
offender previously has been convicted of or pleaded guilty to a29570
violation of this section, whoever violates this section is guilty29571
of a misdemeanor of the first degree and shall be subject to a29572
mandatory fine of one thousand dollars.29573

       Sec. 4517.03.  (A) A place of business that is used for29574
selling, displaying, offering for sale, or dealing in motor29575
vehicles shall be considered as used exclusively for those29576
purposes even though snowmobiles, farm machinery, outdoor power29577
equipment, watercraft and related products, or products29578
manufactured or distributed by a motor vehicle manufacturer with29579
which the motor vehicle dealer has a franchise agreement are sold29580
or displayed there, or if repair, accessory, gasoline and oil,29581
storage, parts, service, or paint departments are maintained29582
there, or such products or services are provided there, if the29583
departments are operated or the products or services are provided29584
for the business of selling, displaying, offering for sale, or29585
dealing in motor vehicles. Places of business or departments in a29586
place of business used to dismantle, salvage, or rebuild motor29587
vehicles by means of using used parts, are not considered as being29588
maintained for the purpose of assisting or furthering the selling,29589
displaying, offering for sale, or dealing in motor vehicles. A29590
place of business shall be considered as used exclusively for29591
selling, displaying, offering for sale, or dealing in motor29592
vehicles even though a business owned by a motor vehicle leasing29593
dealer or a motor vehicle renting dealer is located at the place29594
of business.29595

       (B) No new motor vehicle dealer shall sell, display, offer29596
for sale, or deal in motor vehicles at any place except an29597
established place of business that is used exclusively for the29598
purpose of selling, displaying, offering for sale, or dealing in29599
motor vehicles. The place of business shall have space, under29600
roof, for the display of at least one new motor vehicle and29601
facilities and space therewith for the inspection, servicing, and29602
repair of at least one motor vehicle; except that a new motor29603
vehicle dealer selling manufactured or mobile homes is exempt from29604
the requirement that a place of business have space, under roof,29605
for the display of at least one new motor vehicle and facilities29606
and space for the inspection, servicing, and repair of at least29607
one motor vehicle.29608

       Nothing in Chapter 4517. of the Revised Code shall be29609
construed as prohibiting the sale of a new or used manufactured or29610
mobile home located in a manufactured home park by a licensed new29611
or used motor vehicle dealer.29612

       (C) No used motor vehicle dealer shall sell, display, offer29613
for sale, or deal in motor vehicles at any place except an29614
established place of business that is used exclusively for the29615
purpose of selling, displaying, offering for sale, or dealing in29616
motor vehicles.29617

       (D) No motor vehicle leasing dealer shall make a motor29618
vehicle available for use by another, in the manner described in29619
division (M) of section 4517.01 of the Revised Code, at any place29620
except an established place of business that is used for leasing29621
motor vehicles; except that a motor vehicle leasing dealer who is29622
also a new motor vehicle dealer or used motor vehicle dealer may29623
lease motor vehicles at the same place of business at which the29624
dealer sells, offers for sale, or deals in new or used motor29625
vehicles.29626

       (E) No motor vehicle leasing dealer or motor vehicle renting29627
dealer shall sell a motor vehicle within ninety days after a29628
certificate of title to the motor vehicle is issued to the dealer,29629
except when a salvage certificate of title is issued to replace29630
the original certificate of title and except when a motor vehicle29631
leasing dealer sells a motor vehicle to another motor vehicle29632
leasing dealer at the end of a sublease pursuant to that sublease.29633

       (F) No distributor shall distribute new motor vehicles to29634
new motor vehicle dealers at any place except an established place29635
of business that is used exclusively for the purpose of29636
distributing new motor vehicles to new motor vehicle dealers;29637
except that a distributor who is also a new motor vehicle dealer29638
may distribute new motor vehicles at the same place of business at29639
which the distributor sells, displays, offers for sale, or deals29640
in new motor vehicles.29641

       (G) No person, firm, or corporation that sells, displays, or29642
offers for sale tent-type fold-out camping trailers is subject to29643
the requirement that the person's, firm's, or corporation's place29644
of business be used exclusively for the purpose of selling,29645
displaying, offering for sale, or dealing in motor vehicles. No29646
person, firm, or corporation that sells, displays, or offers for29647
sale tent-type fold-out camping trailers, trailers, semitrailers,29648
or park trailers is subject to the requirement that the place of29649
business have space, under roof, for the display of at least one29650
new motor vehicle and facilities and space for the inspection,29651
servicing, and repair of at least one motor vehicle.29652

       (H) No manufactured or mobile home broker shall engage in29653
the business of brokering manufactured or mobile homes at any29654
place except an established place of business that is used29655
exclusively for the purpose of brokering manufactured or mobile29656
homes.29657

       (I) Nothing in this section shall be construed to prohibit29658
persons licensed under this chapter from making sales calls.29659

       (J) Whoever violates this section is guilty of a misdemeanor29660
of the fourth degree.29661

       (K) As used in this section:29662

       (1) "Motor vehicle leasing dealer" has the same meaning as29663
in section 4517.01 of the Revised Code.29664

       (2) "Motor vehicle renting dealer" has the same meaning as29665
in section 4549.65 of the Revised Code.29666

       (3) "Watercraft" has the same meaning as in section 1547.0129667
of the Revised Code.29668

       Sec. 4517.19. (A) No motor vehicle wholesaler shall:29669

       (A)(1) Sell, offer for sale, or display for sale at29670
wholesale a motor vehicle, when the motor vehicle wholesaler has29671
reasonable cause to believe that the odometer of the motor vehicle29672
has been changed, tampered with, or disconnected to reflect a29673
lesser mileage or use, unless the motor vehicle wholesaler first29674
gives clear and unequivocal notice of the odometer's altered29675
condition;29676

       (B)(2) Sell or offer for sale at wholesale a motor vehicle29677
unless the motor vehicle wholesaler is the legal owner of the29678
motor vehicle;29679

       (C)(3) Sell, offer for sale, or display for sale at29680
wholesale a motor vehicle without making available an odometer29681
disclosure statement that is signed by the owner of the motor29682
vehicle as required by section 4505.06 of the Revised Code and29683
that complies with subchapter IV of the "Motor Vehicle Information29684
and Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981;29685

       (D)(4) Fail, within ten days of acceptance of an offer for29686
sale at wholesale, to deliver an Ohio certificate of title or the29687
current certificate of title issued for the motor vehicle, and all29688
title assignments that evidence the seller's ownership of the29689
motor vehicle, to the purchaser of the motor vehicle. Failure to29690
deliver title within ten days of acceptance of an offer for sale29691
at wholesale is grounds for rescission of the agreement to buy.29692

       (B)Except as otherwise provided in this division, whoever29693
violates this section is guilty of a misdemeanor of the second29694
degree. If the offender previously has been convicted of or29695
pleaded guilty to a violation of this section, whoever violates29696
this section is guilty of a misdemeanor of the first degree.29697

       Sec. 4517.20. (A) No motor vehicle dealer licensed under29698
Chapter 4517. of the Revised Code shall do any of the following:29699

       (A)(1) Directly or indirectly, solicit the sale of a motor29700
vehicle through a pecuniarily interested person other than a29701
salesperson licensed in the employ of a licensed dealer;29702

       (B)(2) Pay any commission or compensation in any form to any29703
person in connection with the sale of a motor vehicle unless the29704
person is licensed as a salesperson in the employ of the dealer;29705

       (C)(3) Fail to immediately notify the registrar of motor29706
vehicles upon termination of the employment of any person licensed29707
as a salesperson to sell, display, offer for sale, or deal in29708
motor vehicles for the dealer;29709

       (D)(4) Knowingly engage in any wholesale motor vehicle29710
transaction with any person required to be licensed pursuant to29711
Chapter 4517. of the Revised Code, if the person is not licensed29712
pursuant to that chapter, if the person's license to operate as a29713
dealer has been suspended or revoked, or if the person's29714
application for a license to operate as a dealer has been denied.29715

       (B)Whoever violates this section is guilty of a misdemeanor29716
of the fourth degree.29717

       Sec. 4517.21. (A) No motor vehicle auction owner licensed29718
under Chapter 4517. of the Revised Code shall:29719

       (A)(1) Engage in the sale of motor vehicles at retail from29720
the same licensed location;29721

       (B)(2) Knowingly permit the auctioning of a motor vehicle if29722
the motor vehicle auction owner has reasonable cause to believe it29723
is not being offered for sale by the legal owner of the motor29724
vehicle;29725

       (C)(3) Knowingly permit the sale of a motor vehicle to any29726
person except a motor vehicle dealer licensed in this state or any29727
other jurisdiction, or any other person licensed pursuant to29728
Chapter 4517. of the Revised Code or a substantially similar29729
statute of any other jurisdiction;29730

       (D)(4) Knowingly permit the sale of a motor vehicle by any29731
person who is not licensed pursuant to Chapter 4517. of the29732
Revised Code;29733

       (E)(5) Knowingly permit any person to violate section29734
4517.19 of the Revised Code;29735

       (F)(6) Deny reasonable inspection of the motor vehicle29736
auction owner's business records, relating to the sale of motor29737
vehicles, to the registrar of motor vehicles or the attorney29738
general, when requested in writing to do so. The motor vehicle29739
auction owner shall maintain for a period of six years from the29740
date of the sale of a motor vehicle at least the following29741
information:29742

       (1)(a) The year, make, model and vehicle identification29743
number of the motor vehicle;29744

       (2)(b) The name and address of the selling dealer;29745

       (3)(c) The name and address of the buying dealer;29746

       (4)(d) The date of the sale;29747

       (5)(e) The purchase price;29748

       (6)(f) The odometer reading of the motor vehicle at the time29749
of sale and an odometer disclosure statement from the seller that29750
complies with subchapter IV of the "Motor Vehicle Information and29751
Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.29752

       A motor vehicle auction owner may supplement the required29753
information with any additional information the motor vehicle29754
auction owner considers appropriate.29755

       (G)(7) Knowingly permit a dealer whose license has been29756
suspended or revoked, or a person whose application for a license29757
to operate as a dealer has been denied, to participate as a buyer29758
or seller at the motor vehicle auction owner's auction after29759
notification by the registrar of the suspension or revocation of a29760
license, or denial of an application for a license. The registrar29761
shall notify each auction owner by certified mail, return receipt29762
requested, within five business days of the suspension or29763
revocation of a license, or the denial of an application for29764
license. Any motor vehicle auction owner who has knowledge of the29765
presence at the motor vehicle auction owner's auction of a dealer29766
whose license has been suspended or revoked, or of a person whose29767
application for a license to operate as a dealer has been denied,29768
shall immediately cause the removal of the person from the29769
auction.29770

       (H)(8) Knowingly accept a motor vehicle for sale or possible29771
sale by a dealer whose license has been suspended or revoked,29772
during the period of suspension or revocation, or by a person29773
whose application for a license to operate as a dealer has been29774
denied, after notification by the registrar, in accordance with29775
division (G) of this section, of the suspension or revocation of29776
the license, or denial of an application for a license.29777

       (I)(9) Knowingly permit the auctioning of a motor vehicle29778
whose ownership is not evidenced at the time of auctioning by a29779
current certificate of title or a manufacturer's certificate of29780
origin, and all title assignments that evidence the seller's29781
ownership of the motor vehicle, without first giving clear and29782
unequivocal notice of the lack of such evidence.29783

       (B)Whoever violates this section is guilty of a misdemeanor29784
of the fourth degree.29785

       Sec. 4517.22.  (A) Any group of licensed new motor vehicle29786
dealers may display motor vehicles at a motor vehicle show within29787
the general market area allocated to a licensed new motor vehicle29788
dealer, whenever all of the following conditions are met:29789

       (1) The primary purpose of the motor vehicle show is the29790
exhibition of competitive makes and models of motor vehicles to29791
provide the general public the opportunity to review and inspect29792
various makes and models of motor vehicles at a single location;29793

       (2) Not less than thirty days before the planned opening29794
date of the motor vehicle show, the group requests and receives29795
permission to hold the show from the registrar of motor vehicles.29796

       (B) No contracts shall be signed, deposits taken, or sales29797
consummated at the location of a motor vehicle show.29798

       (C) Any sponsor of a motor vehicle show shall offer by mail29799
an invitation to all new motor vehicle dealers dealing in29800
competitive types of motor vehicles in the general market area to29801
participate and display motor vehicles in the show. The sponsor29802
may offer a similar invitation to manufacturers or distributors. A29803
copy of each invitation shall be retained by the sponsor for at29804
least one year after the show.29805

       (D) No person except a manufacturer or distributor shall29806
hold in any public place a motor vehicle show at which only one29807
motor vehicle is displayed, and no such single unit show shall be29808
held unless the manufacturer or distributor requests and receives29809
permission from the registrar not less than thirty days before the29810
show.29811

       (E) The registrar shall not grant permission for any motor29812
vehicle show to be held, unless it is proven to the registrar's29813
satisfaction that no attempt is being made to circumvent the29814
provisions of sections 4517.01 to 4517.45 of the Revised Code.29815

       (F) Nothing contained in this section shall be construed as29816
prohibiting the taking of orders for nonmotorized recreational29817
vehicles as defined in section 4501.01 of the Revised Code at29818
sports or camping shows.29819

       (G) No motor vehicle dealer, motor vehicle leasing dealer,29820
motor vehicle auction owner, or distributor licensed under29821
sections 4517.01 to 4517.45 of the Revised Code shall display a29822
motor vehicle at any place except the dealer's, owner's, or29823
distributor's licensed location, unless the dealer, owner, or29824
distributor first obtains permission from the registrar and29825
complies with the applicable rules of the motor vehicle dealers29826
board.29827

       (H) Nothing contained in this section shall be construed as29828
prohibiting the display of, the taking of orders for, or the sale29829
of, livestock trailers at livestock and agricultural shows,29830
including county fairs. Notwithstanding section 4517.03 of the29831
Revised Code, livestock trailers may be sold at livestock and29832
agricultural shows, including county fairs, as permitted by this29833
division.29834

       As used in this division, "livestock trailer" means a new or29835
used trailer designed by its manufacturer to be used to transport29836
horses or to transport animals generally used for food or in the29837
production of food, including cattle, sheep, goats, rabbits,29838
poultry, swine, and any other animals included by the director of29839
agriculture in rules adopted under section 901.72 of the Revised29840
Code.29841

       (I) Notwithstanding division (B) of this section, contracts29842
may be signed, deposits taken, and sales consummated at the29843
location of a motor vehicle show where the motor vehicles involved29844
are horse trailers or towing vehicles that are trucks and have a29845
gross vehicle weight of more than three-quarters of a ton, the29846
motor vehicle show is being held as part of or in connection with29847
a major livestock show, the licensed new motor vehicle dealers29848
involved have complied with the applicable requirements of this29849
section, and the registrar has granted permission for the motor29850
vehicle show in accordance with division (E) of this section.29851

       As used in this division (I) of this section:29852

       (1) "Major livestock show" means any show of livestock that29853
is held at the Ohio state fairgrounds, is national in scope, and29854
that continues for more than ten consecutive days.29855

       (2) "Truck" has the same meaning as in section 4511.01 of29856
the Revised Code.29857

       (3) "Gross vehicle weight" means the unladen weight of the29858
vehicle fully equipped.29859

       (J)Whoever violates this section is guilty of a misdemeanor29860
of the fourth degree.29861

       Sec. 4517.23. (A) Any licensed motor vehicle dealer, motor29862
vehicle leasing dealer, manufactured home broker, or distributor29863
shall notify the registrar of motor vehicles concerning any change29864
in status as a dealer, motor vehicle leasing dealer, manufactured29865
home broker, or distributor during the period for which the29866
dealer, broker, or distributor is licensed, if the change of29867
status concerns any of the following:29868

       (A)(1) Personnel of owners, partners, officers, or29869
directors;29870

       (B)(2) Location of office or principal place of business;29871

       (C)(3) In the case of a motor vehicle dealer, any contract29872
or agreement with any manufacturer or distributor; and in the case29873
of a distributor, any contract or agreement with any manufacturer.29874

       (B) The notification required by division (A) of this29875
section shall be made by filing with the registrar, within fifteen29876
days after the change of status, a supplemental statement in a29877
form prescribed by the registrar showing in what respect the29878
status has been changed. If the change involves a change in any29879
contract or agreement between any manufacturer or distributor, and29880
dealer, or any manufacturer and distributor, the supplemental29881
statement shall be accompanied by such copies of contracts,29882
statements, and certificates as would have been required by29883
sections 4517.01 to 4517.45 of the Revised Code if the change had29884
occurred prior to the licensee's application for license.29885

       The motor vehicle dealers board may adopt a rule exempting29886
from the notification requirement of division (A)(1) of this29887
section any dealer if stock in the dealer or its parent company is29888
publicly traded and if there are public records with state or29889
federal agencies that provide the information required by division29890
(A)(1) of this section.29891

       (C)Whoever violates this section is guilty of a misdemeanor29892
of the fourth degree.29893

       Sec. 4517.24. (A) No two motor vehicle dealers shall engage29894
in business at the same location, unless they agree to be jointly,29895
severally, and personally liable for any liability arising from29896
their engaging in business at the same location. The agreement29897
shall be filed with the motor vehicle dealers board, and shall29898
also be made a part of the articles of incorporation of each such29899
dealer filed with the secretary of state. Whenever the board has29900
reason to believe that a dealer who has entered into such an29901
agreement has revoked the agreement but continues to engage in29902
business at the same location, the board shall revoke the29903
dealer's license.29904

       (B) This section does not apply to two or more motor vehicle29905
dealers engaged in the business of selling new or used29906
manufactured or mobile homes in the same manufactured home park.29907

       (C) Whoever violates this section is guilty of a misdemeanor29908
of the fourth degree.29909

       Sec. 4517.25. (A) Every dealer shall maintain a mileage29910
disclosure statement from the previous owner of each motor vehicle29911
the dealer sells, purchases, or receives as a trade on another29912
motor vehicle. The mileage disclosure statement shall be in such29913
form and include such information as the motor vehicle dealers29914
board requires by rule.29915

       (B)Whoever violates this section is guilty of a misdemeanor29916
of the fourth degree.29917

       Sec. 4517.26. (A) Every retail and wholesale sale of a29918
motor vehicle shall be preceded by a written instrument or29919
contract that shall contain all of the agreements of the parties29920
and shall be signed by the buyer and the seller. The seller, upon29921
execution of the agreement or contract and before the delivery of29922
the motor vehicle, shall deliver to the buyer a copy of the29923
agreement or contract that shall clearly describe the motor29924
vehicle sold to the buyer, including, where applicable, its29925
vehicle identification number and the mileage appearing on the29926
odometer of the vehicle at the time of sale and whether the29927
mileage is accurate; the sale price of the vehicle, and, if29928
applicable, the amount paid down by the buyer; the amount credited29929
to the buyer for any trade-in, and a description thereof; the29930
amount of any finance charge; the amount charged for any motor29931
vehicle insurance, and a statement of the types of insurance29932
provided by the policy or policies; the amount of any other29933
charge, and a specification of its purpose; the net balance due29934
from the buyer; and the terms of the payment of the net balance.29935

       This section does not apply to a casual sale of a motor29936
vehicle.29937

       (B)Whoever violates this section is guilty of a misdemeanor29938
of the fourth degree.29939

       Sec. 4517.27. (A) In accordance with Chapter 119. of the29940
Revised Code, the registrar of motor vehicles shall adopt rules29941
for the regulation of manufactured home brokers. The rules shall29942
require that a manufactured home broker maintain a bond of a29943
surety company authorized to transact business in this state in an29944
amount determined by the registrar. The rules also shall require29945
each person licensed as a manufactured home broker to maintain at29946
all times a special or trust bank account that is29947
noninterest-bearing, is separate and distinct from any personal or29948
other account of the broker, and into which shall be deposited and29949
maintained all escrow funds, security deposits, and other moneys29950
received by the broker in a fiduciary capacity. In a form29951
determined by the registrar, a manufactured home broker shall29952
submit written proof to the registrar of the continued maintenance29953
of the special or trust account. A depository where special or29954
trust accounts are maintained in accordance with this section29955
shall be located in this state.29956

       (B)Whoever violates this section is guilty of a misdemeanor29957
of the fourth degree.29958

       Sec. 4517.40. (A) No person who is engaged in or about to29959
engage in the business of selling motor vehicles at retail shall29960
enter into any contract, agreement, or understanding, express or29961
implied, with any manufacturer or distributor of motor vehicles,29962
that hethe person will sell only to a designated person or class29963
of persons all or any part of the retail installment contracts29964
arising out of the sale by himthe person of motor vehicles, or29965
that hethe person will refuse to sell such retail installment29966
contracts to any designated person or class of persons. Any such29967
contract, agreement, or understanding is void.29968

       (B)Whoever violates this section is guilty of a misdemeanor29969
of the fourth degree.29970

       Sec. 4517.41. (A) No manufacturer or distributor of motor29971
vehicles, or the officer, agent, or representative of such29972
manufacturer or distributor, shall induce or coerce, or attempt to29973
induce or coerce, any retail motor vehicle dealer or prospective29974
retail motor vehicle dealer to sell or refuse to sell all or any29975
portion of histhe dealer's or prospective dealer's retail29976
installment contracts to any person or class of persons designated29977
by the manufacturer or distributor, by means of any statement,29978
suggestion, promise, or threat, made directly or indirectly, that29979
the manufacturer or distributor will in any manner injure or29980
benefit the dealer, or by means of any act of the manufacturer or29981
distributor that has benefited or injured the dealer, or by means29982
of any statement or representation, made directly or indirectly,29983
that the dealer is under any obligation to make or refuse to make29984
such sale.29985

       (B)Whoever violates this section is guilty of a misdemeanor29986
of the fourth degree.29987

       Sec. 4517.42. (A) No person engaged in the business of29988
buying retail installment contracts from motor vehicle dealers in29989
this state, and no officer, agent, or representative of such29990
person, shall purchase or attempt to purchase any such retail29991
installment contract from any motor vehicle dealer in this state29992
in the following circumstances:29993

       (A)(1) When the dealer in consequence of any contract,29994
agreement, or arrangement between such person and a manufacturer29995
or distributor supplying motor vehicles to the dealer has been29996
induced or coerced to sell the retail installment contract by29997
means of any statement, suggestion, promise, or threat, made29998
directly or indirectly, that the manufacturer or distributor29999
supplying motor vehicles to the dealer would in any manner injure30000
or benefit the dealer, or by means of any act of the manufacturer30001
or distributor that has benefited or injured the dealer, or by30002
means of any statement or representation, made directly or30003
indirectly, that the dealer is under any obligation to make such30004
sale;30005

       (B)(2) When such person has received or has contracted to30006
receive from any manufacturer or distributor supplying motor30007
vehicles to the dealer, or has given or contracted to give to the30008
manufacturer or distributor, any subsidy or thing of service or30009
value, where the effect of the giving or receiving of the subsidy30010
or thing of service or value may be to lessen or eliminate30011
competition in the business of purchasing retail installment30012
contracts from motor vehicle dealers or may tend to grant an30013
unfair trade advantage or to create a monopoly in such person.30014

       (B)Whoever violates this section is guilty of a misdemeanor30015
of the fourth degree.30016

       Sec. 4517.43. (A) The applications for licenses and the30017
copies of contracts required by sections 4517.04, 4517.05,30018
4517.051, 4517.052, 4517.06, 4517.07, 4517.08, and 4517.09 of the30019
Revised Code are not part of the public records but are30020
confidential information for the use of the registrar of motor30021
vehicles and the motor vehicle dealers board. No person shall30022
divulge any information contained in such applications and30023
acquired by the person in the person's capacity as an official or30024
employee of the bureau of motor vehicles or of the board, except30025
in a report to the registrar, to the board, or when called upon to30026
testify in any court or proceeding.30027

       (B)Whoever violates this section is guilty of a minor30028
misdemeanor.30029

       Sec. 4517.44. (A) No manufacturer or distributor of motor30030
vehicles, dealer in motor vehicles, or manufactured home broker,30031
nor any owner, proprietor, person in control, or keeper of any30032
garage, stable, shop, or other place of business, shall fail to30033
keep or cause to be kept any record required by law.30034

       (B)Whoever violates this section is guilty of a minor30035
misdemeanor.30036

       Sec. 4517.45. (A) No dealer licensed to sell motor vehicles30037
at retail in this state under Chapter 4517. of the Revised Code30038
shall attach to any motor vehicle offered for sale by himthe30039
dealer any tag or placard bearing histhe dealer's name, or the30040
name of histhe dealer's place of business, whenever the method of30041
attachment involves drilling or otherwise creating holes in any30042
part of the body or trim of the vehicle, unless the purchaser30043
consents in writing to such method of attachment.30044

       Any damage to the body or trim of a motor vehicle that30045
results from a violation of this section shall, at the request of30046
the purchaser of the vehicle, be repaired by the dealer in a30047
manner acceptable to the purchaser, and at no cost to himthe30048
purchaser.30049

       (B) Whoever violates this section is guilty of a minor30050
misdemeanor.30051

       Sec. 4517.64. (A) No franchisor shall do any of the30052
following:30053

       (A)(1) Fail to obey a requirement or order made by the motor30054
vehicle dealers board, or the order of any court upon application30055
of the board;30056

       (B)(2) Fail to perform a duty imposed upon it by sections30057
4517.50 to 4517.65 of the Revised Code, or do any act prohibited30058
by those sections.30059

       (B) No franchisee or prospective transferee shall fail to30060
perform a duty imposed upon it by sections 4517.50 to 4517.65 of30061
the Revised Code or do any act prohibited by those sections.30062

       (C) Whoever violates division (A) or (B) of this section is30063
guilty of a misdemeanor of the fourth degree.30064

       Sec. 4517.99. (A) Whoever violates any provision of30065
sections 4517.01 to 4517.65 of the Revised Code, for which no30066
penalty is otherwise is provided in thisthe section that contains30067
the provision violated, or any rule promulgated by the registrar30068
of motor vehicles or the motor vehicle dealers board under30069
sections 4517.01 to 4517.45 of the Revised Code, is guilty of a30070
misdemeanor of the fourth degree.30071

       (B) Whoever violates sections 4517.43 to 4517.45 of the30072
Revised Code is guilty of a minor misdemeanor.30073

       (C) Whoever violates section 4517.02 of the Revised Code is30074
guilty of a minor misdemeanor on a first offense and shall be30075
subject to a mandatory fine of one hundred dollars; on each30076
subsequent offense such person is guilty of a misdemeanor of the30077
first degree and shall be subject to a mandatory fine of one30078
thousand dollars.30079

       (D) Whoever violates section 4517.19 of the Revised Code is30080
guilty of a misdemeanor of the second degree on a first offense;30081
on each subsequent offense the person is guilty of a misdemeanor30082
of the first degree.30083

       Sec. 4519.02.  (A) Except as provided in divisions (B), (C),30084
and (D) of this section, no person shall operate any snowmobile,30085
off-highway motorcycle, or all-purpose vehicle within this state30086
unless the snowmobile, off-highway motorcycle, or all-purpose30087
vehicle is registered and numbered in accordance with sections30088
4519.03 and 4519.04 of the Revised Code.30089

       (B) No registration is required for a snowmobile,30090
off-highway motorcycle, or all-purpose vehicle that is operated30091
exclusively upon lands owned by the owner of the snowmobile,30092
off-highway motorcycle, or all-purpose vehicle, or on lands to30093
which the owner has a contractual right.30094

       (C) No registration is required for a snowmobile,30095
off-highway motorcycle, or all-purpose vehicle owned and used in30096
this state by a resident of another state whenever that state has30097
in effect a registration law similar to this chapter and the30098
snowmobile, off-highway motorcycle, or all-purpose vehicle is30099
properly registered thereunder. Any snowmobile, off-highway30100
motorcycle, or all purpose vehicle owned and used in this state by30101
a resident of another state not having such a registration30102
requirement shall comply with section 4519.09 of the Revised Code.30103

       (D) No registration is required for a snowmobile,30104
off-highway motorcycle, or all-purpose vehicle owned and used in30105
this state by the United States, another state, or a political30106
subdivision thereof, but the snowmobile, off-highway motorcycle,30107
or all-purpose vehicle shall display the name of the owner30108
thereon.30109

       (E) The owner or operator of any all-purpose vehicle30110
operated or used upon the waters in this state shall comply with30111
Chapters 1547. and 1548. of the Revised Code relative to the30112
operation of watercraft.30113

       (F)Except as otherwise provided in this division, whoever30114
violates division (A) of this section shall be fined not more than30115
twenty-five dollars. If the offender previously has been30116
convicted of or pleaded guilty to a violation of division (A) of30117
this section, whoever violates division (A) of this section shall30118
be fined not less than twenty-five nor more than fifty dollars.30119

       Sec. 4519.05.  (A) Whenever a registered snowmobile,30120
off-highway motorcycle, or all-purpose vehicle is destroyed or30121
similarly disposed of, the owner shall surrender the certificate30122
of registration to the registrar of motor vehicles or a deputy30123
registrar within fifteen days following the destruction or30124
disposal. The registrar thereupon shall cancel the certificate30125
and enter that fact in the registrar's records.30126

       In the case of an off-highway motorcycle or all-purpose30127
vehicle for which a certificate of title has been issued, the30128
owner also shall surrender the certificate of title to the clerk30129
of the court of common pleas who issued it and the clerk, with the30130
consent of any lienholders noted thereon, shall enter a30131
cancellation upon the clerk's records and shall notify the30132
registrar of the cancellation. Upon the cancellation of a30133
certificate of title in the manner prescribed by this division,30134
the clerk and the registrar may cancel and destroy all30135
certificates of title and memorandum certificates of title in that30136
chain of title.30137

       (B) Subject to division (B) of section 4519.03 of the30138
Revised Code, whenever the ownership of a registered snowmobile,30139
off-highway motorcycle, or all-purpose vehicle is transferred by30140
sale or otherwise, the new owner, within fifteen days following30141
the transfer, shall make application to the registrar or a deputy30142
registrar for the transfer of the certificate of registration.30143
Upon receipt of the application and a fee of one dollar, the30144
registrar shall transfer the certificate to the new owner and30145
shall enter the new owner's name and address in the registrar's30146
records.30147

       (C) Whenever the owner of a registered snowmobile,30148
off-highway motorcycle, or all-purpose vehicle changes address,30149
the owner shall surrender the certificate of registration to the30150
registrar or a deputy registrar within fifteen days following the30151
address change. Upon receipt of the certificate, the registrar30152
shall enter the new address thereon and shall make the appropriate30153
change in the registrar's records. In a case where the owner's30154
change of address involves a move outside of the state, the30155
registrar shall cancel the certificate of registration for that30156
snowmobile, off-highway motorcycle, or all-purpose vehicle.30157

       (D) Whenever a certificate of registration for a snowmobile,30158
off-highway motorcycle, or all-purpose vehicle is lost, mutilated,30159
or destroyed, the owner may obtain a duplicate certificate, which30160
shall be identified as such, upon application and the payment of a30161
fee of one dollar.30162

       (E)Whoever violates division (A), (B), or (C) of this30163
section shall be fined not more than twenty-five dollars for a30164
first offense; for each subsequent offense, the offender shall be30165
fined not less than twenty-five nor more than fifty dollars.30166

       Sec. 4519.06. (A) Any person who is a dealer in30167
snowmobiles, off-highway motorcycles, or all-purpose vehicles30168
shall make application for registration, for each place in this30169
state at which the business of selling, manufacturing, leasing, or30170
renting snowmobiles, off-highway motorcycles, or all-purpose30171
vehicles is carried on. The application shall show the make of30172
snowmobile, off-highway motorcycle, or all-purpose vehicle30173
manufactured, sold, leased, or rented at such place, and shall be30174
accompanied by a fee of twenty-five dollars. Upon the filing of30175
the application and the payment of the fee therefor, the registrar30176
of motor vehicles shall assign to the applicant a distinctive30177
number. The number shall be displayed upon each snowmobile,30178
off-highway motorcycle, or all-purpose vehicle in the places30179
prescribed in section 4519.04 of the Revised Code whenever the30180
vehicle is being used prior to sale or transfer. The registrar30181
shall adopt rules specifying the manner in which the number may be30182
temporarily affixed to the vehicle.30183

       Upon the termination of any dealership registered under this30184
section, the dealer, within fifteen days following such30185
termination, shall notify the registrar, who shall enter that fact30186
in the registrar's records.30187

       Notwithstanding section 4517.01 of the Revised Code, a dealer30188
licensed to sell motor vehicles also may be registered as a dealer30189
in snowmobiles, off-highway motorcycles, or all-purpose vehicles30190
under this section, and may display, sell, or rent such vehicles30191
at the dealer's established place of business.30192

       (B)Except as otherwise provided in this division, whoever30193
violates this section shall be fined not more than fifty dollars.30194
If the offender previously has been convicted of or pleaded guilty30195
to a violation of this section, whoever violates this section30196
shall be fined not less than fifty nor more than two hundred30197
dollars.30198

       Sec. 4519.20.  (A) The director of public safety, pursuant30199
to Chapter 119. of the Revised Code, shall adopt rules for the30200
equipment of snowmobiles, off-highway motorcycles, and all-purpose30201
vehicles. The rules may be revised from time to time as the30202
director considers necessary, and shall include, but not30203
necessarily be limited to, requirements for the following items of30204
equipment:30205

       (1) At least one headlight having a minimum candlepower of30206
sufficient intensity to reveal persons and objects at a distance30207
of at least one hundred feet ahead under normal atmospheric30208
conditions during hours of darkness;30209

       (2) At least one red tail light having a minimum candlepower30210
of sufficient intensity to be plainly visible from a distance of30211
five hundred feet to the rear under normal atmospheric conditions30212
during hours of darkness;30213

       (3) Adequate brakes. Every snowmobile, while traveling on30214
packed snow, shall be capable of carrying a driver who weighs one30215
hundred seventy-five pounds or more, and, while carrying such30216
driver, be capable of stopping in not more than forty feet from an30217
initial steady speed of twenty miles per hour, or locking its30218
traction belt.30219

       (4) A muffler system capable of precluding the emission of30220
excessive smoke or exhaust fumes, and of limiting the engine noise30221
of vehicles. On snowmobiles manufactured after January 1, 1973,30222
such requirement shall include sound dampening equipment such that30223
noise does not exceed eighty-two decibels on the "A" scale at30224
fifty feet as measured according to SAE J192 (September 1970).30225

       (B) No person shall operate any snowmobile, off-highway30226
motorcycle, or all-purpose vehicle in violation of division30227
(A)(1), (2), (3), or (4) of this section, except that equipment30228
specified in divisions (A)(1) and (2) of this section shall not be30229
required on snowmobiles, off-highway motorcycles, or all-purpose30230
vehicles operated during the daylight hours.30231

       (C) Except as otherwise provided in this division, whoever30232
violates division (B) of this section shall be fined not more than30233
fifty dollars. If the offender within the preceding year30234
previously has committed a violation of division (B) of this30235
section, whoever violates division (B) of this section shall be30236
fined not less than fifteen nor more than one hundred dollars,30237
imprisoned not more than three days, or both.30238

       Sec. 4519.22. (A) No person shall have for sale, sell,30239
offer for sale, lease, rent, or otherwise furnish for hire in this30240
state any new snowmobile, off-highway motorcycle, or all-purpose30241
vehicle that fails to comply with any rule adopted by the director30242
of public safety under section 4519.20 of the Revised Code, after30243
the effective date of the rule.30244

       (B) Except as otherwise provided in this division, whoever30245
violates this section shall be fined not more than fifty dollars.30246
If the offender within the preceding year previously has committed30247
a violation of this section, whoever violates this section shall30248
be fined not less than fifteen nor more than one hundred dollars,30249
imprisoned not more than three days, or both.30250

       Sec. 4519.40. (A) The applicable provisions of Chapters30251
4511. and 4549. of the Revised Code shall be applied to the30252
operation of snowmobiles, off-highway motorcycles, and all-purpose30253
vehicles, except that no snowmobile, off-highway motorcycle, or30254
all-purpose vehicle shall be operated as follows:30255

       (A)(1) On any limited access highway or freeway or the30256
right-of-way thereof, except for emergency travel only during such30257
time and in such manner as the director of public safety shall30258
designate;30259

       (B)(2) On any private property, or in any nursery or30260
planting area, without the permission of the owner or other person30261
having the right to possession of the property;30262

       (C)(3) On any land or waters controlled by the state, except30263
at those locations where a sign has been posted permitting such30264
operation;30265

       (D)(4) On the tracks or right-of-way of any operating30266
railroad;30267

       (E)(5) While transporting any firearm, bow, or other30268
implement for hunting, that is not unloaded and securely encased;30269

       (F)(6) For the purpose of chasing, pursuing, capturing, or30270
killing any animal or wildfowl;30271

       (G)(7) During the time from sunset to sunrise, unless30272
displaying lighted lights as required by section 4519.20 of the30273
Revised Code.30274

       (B) Whoever violates this section shall be fined not less30275
than fifty nor more than five hundred dollars, imprisoned not less30276
than three nor more than thirty days, or both.30277

       Sec. 4519.41.  Snowmobiles, off-highway motorcycles, and30278
all-purpose vehicles may be operated as follows:30279

       (A) To make a crossing of a highway, other than a highway as30280
designated in division (A)(1) of section 4519.40 of the Revised30281
Code, whenever the crossing can be made in safety and will not30282
interfere with the movement of vehicular traffic approaching from30283
any direction on the highway, and provided that the operator30284
yields the right-of-way to any approaching traffic that presents30285
an immediate hazard;30286

       (B) On highways in the county or township road systems30287
whenever the local authority having jurisdiction over such30288
highways so permits;30289

       (C) Off and alongside a street or highway for limited30290
distances from the point of unloading from a conveyance to the30291
point at which the snowmobile, off-highway motorcycle, or30292
all-purpose vehicle is intended and authorized to be operated;30293

       (D) On the berm or shoulder of a highway, other than a30294
highway as designated in division (A)(1) of section 4519.40 of the30295
Revised Code, when the terrain permits such operation to be30296
undertaken safely and without the necessity of entering any30297
traffic lane;30298

       (E) On the berm or shoulder of a county or township road,30299
while traveling from one area of operation of the snowmobile,30300
off-highway motorcycle, or all-purpose vehicle to another such30301
area.30302

       Sec. 4519.44.  (A) No person who does not hold a valid,30303
current motor vehicle driver's or commercial driver's license,30304
motorcycle operator's endorsement, or probationary license, issued30305
under Chapter 4506. or 4507. of the Revised Code, shall operate a30306
snowmobile, off-highway motorcycle, or all-purpose vehicle on any30307
street or highway in this state, on any portion of the30308
right-of-way thereof, or on any public land or waters.30309

       (B) No person who is less than sixteen years of age shall30310
operate a snowmobile, off-highway motorcycle, or all-purpose30311
vehicle on any land or waters other than private property or30312
waters owned by or leased to the person's parent or guardian,30313
unless accompanied by another person who is eighteen years of age,30314
or older, and who holds a license as provided in division (A) of30315
this section, except that the department of natural resources may30316
permit such operation on state controlled land under its30317
jurisdiction when such person is less than sixteen years of age,30318
but is twelve years of age or older and is accompanied by a parent30319
or guardian who is a licensed driver eighteen years of age or30320
older.30321

       (C)Whoever violates this section shall be fined not less30322
than fifty nor more than five hundred dollars, imprisoned not less30323
than three nor more than thirty days, or both.30324

       Sec. 4519.45. (A) Any dealer who rents, leases, or30325
otherwise furnishes a snowmobile, off-highway motorcycle, or30326
all-purpose vehicle for hire shall maintain the vehicle in safe30327
operating condition. No dealer, or agent or employee of a dealer,30328
shall rent, lease, or otherwise furnish a snowmobile, off-highway30329
motorcycle, or all-purpose vehicle for hire to any person who does30330
not hold a license as required by division (A) of section 4519.4430331
of the Revised Code, or to any person whom the dealer or an agent30332
or employee of the dealer has reasonable cause to believe is30333
incompetent to operate the vehicle in a safe and lawful manner.30334

       (B)Whoever violates this section shall be fined not less30335
than one hundred nor more than five hundred dollars.30336

       Sec. 4519.52.  (A) Except as provided in sections 30337
4519.521 and 4519.54 of the Revised Code, no dealer engaged in30338
the business of selling new or used off-highway motorcycles or 30339
all-purpose vehicles shall sell or otherwise transfer a new or 30340
used off-highway motorcycle or all-purpose vehicle without 30341
obtaining a certificate of title to the new or used motorcycle 30342
or vehicle, in accordance with this chapter, and delivering the30343
certificate of title or memorandum certificate of title to the30344
purchaser or transferee.30345

       (B)(1) A person who is not a dealer engaged in the business 30346
of selling new or used off-highway motorcycles or all-purpose 30347
vehicles and who owns an off-highway motorcycle or all-purpose30348
vehicle may choose to obtain a certificate of title to the30349
motorcycle or vehicle. The person shall comply with this30350
chapter in order to obtain the certificate of title.30351

       (2) If a person who is not a dealer engaged in the business 30352
of selling new or used off-highway motorcycles or all-purpose 30353
vehicles and who owns an off-highway motorcycle or all-purpose 30354
vehicle obtains a certificate of title to the motorcycle or 30355
vehicle, that person, except as otherwise provided in section 30356
4519.521 of the Revised Code, shall not sell or otherwise 30357
transfer the motorcycle or vehicle without delivering to the 30358
purchaser or transferee a certificate of title with an 30359
assignment on it as is necessary to show title in the purchaser30360
or transferee, and no person shall subsequently purchase or30361
otherwise acquire the motorcycle or vehicle without obtaining a30362
certificate of title to the motorcycle or vehicle in the30363
person's own name.30364

       (C) Whoever violates this section shall be fined fifty30365
dollars.30366

       Sec. 4519.66. (A) No person shall do any of the following:30367

       (A)(1) Operate in this state an off-highway motorcycle or 30368
all-purpose vehicle without having a certificate of title for the 30369
off-highway motorcycle or all-purpose vehicle, if such a 30370
certificate is required by this chapter to be issued for the 30371
off-highway motorcycle or all-purpose vehicle, or, if a physical 30372
certificate of title has not been issued for it, operate an 30373
off-highway motorcycle or all-purpose vehicle knowing that the 30374
ownership information relating to the motorcycle or vehicle has 30375
not been entered into the automated title processing system by a 30376
clerk of a court of common pleas;30377

       (B)(2) Operate in this state an off-highway motorcycle or 30378
all-purpose vehicle if a certificate of title to the off-highway 30379
motorcycle or all-purpose vehicle has been issued and then has 30380
been canceled;30381

       (C)(3) Fail to surrender any certificate of title upon 30382
cancellation of it by the registrar of motor vehicles and 30383
notice of the cancellation as prescribed in this chapter;30384

       (D)(4) Fail to surrender the certificate of title to a 30385
clerk of a court of common pleas as provided in this chapter, 30386
in case of the destruction or dismantling of, or change in, the 30387
off-highway motorcycle or all-purpose vehicle described in the 30388
certificate of title;30389

       (E)(5) Violate any provision of sections 4519.51 to 4519.7030390
of the Revised Code for which no penalty is otherwise provided30391
or any lawful rules adopted pursuant to those sections;30392

       (F)(6) Operate in this state an off-highway motorcycle or 30393
all-purpose vehicle knowing that the certificate of title to or 30394
ownership of the motorcycle or vehicle as otherwise reflected in 30395
the automated title processing system has been canceled.30396

       (B) Whoever violates this section shall be fined not more30397
than two hundred dollars, imprisoned not more than ninety days, or30398
both.30399

       Sec. 4519.67. (A) No person shall do any of the following:30400

       (A)(1) Procure or attempt to procure a certificate of title30401
to an off-highway motorcycle or all-purpose vehicle, or pass or 30402
attempt to pass a certificate of title or any assignment of a 30403
certificate of title to an off-highway motorcycle or all-purpose30404
vehicle, or in any other manner gain or attempt to gain30405
ownership to an off-highway motorcycle or all-purpose vehicle,30406
knowing or having reason to believe that the off-highway 30407
motorcycle or all-purpose vehicle has been stolen;30408

       (B)(2) Sell or offer for sale in this state an off-highway 30409
motorcycle or all-purpose vehicle on which the manufacturer's or 30410
assigned vehicle identification number has been destroyed, 30411
removed, covered, altered, or defaced with knowledge of the 30412
destruction, removal, covering, alteration, or defacement of the 30413
manufacturer's or assigned vehicle identification number;30414

       (C)(3) Except as otherwise provided in this chapter, sell 30415
or transfer an off-highway motorcycle or all-purpose vehicle 30416
without delivering to the purchaser or transferee of it a 30417
certificate of title, or a manufacturer's or importer's 30418
certificate to it, assigned to the purchaser as provided for in30419
this chapter.30420

       (B) Whoever violates this section shall be fined not more30421
than five thousand dollars, imprisoned in the county jail or30422
workhouse not less than six months nor more than one year or in30423
the penitentiary not less than one year nor more than five years,30424
or both.30425

       Sec. 4549.01. (A) No person while operating a motor vehicle30426
shall fail to slow down and stop saidthe vehicle when signalled30427
to do so upon meeting or overtaking a horse-drawn vehicle or30428
person on horseback and to remain stationary until suchthe30429
vehicle or person has passed, provided suchthe signal to stop is30430
given in good faith, under circumstances of necessity, and only as30431
often and for suchthat length of time as is required for suchthe30432
vehicle or person to pass, whether it is approaching from the30433
front or rear.30434

       (B)Whoever violates this section is guilty of a minor30435
misdemeanor on a first offense and a misdemeanor of the fourth30436
degree on each subsequent offense.30437

       Sec. 4549.02. (A) In case of accident to or collision with30438
persons or property upon any of the public roads or highways, due30439
to the driving or operation thereon of any motor vehicle, the30440
person so driving or operating suchthe motor vehicle, having30441
knowledge of suchthe accident or collision, shall immediately30442
shall stop histhe driver's or operator's motor vehicle at the30443
scene of the accident or collision and shall remain at the scene30444
of suchthe accident or collision until hethe driver or operator30445
has given histhe driver's or operator's name and address and, if30446
hethe driver or operator is not the owner, the name and address30447
of the owner of suchthat motor vehicle, together with the30448
registered number of suchthat motor vehicle, to any person30449
injured in suchthe accident or collision or to the operator,30450
occupant, owner, or attendant of any motor vehicle damaged in such30451
the accident or collision, or to any police officer at the scene30452
of suchthe accident or collision.30453

       In the event the injured person is unable to comprehend and30454
record the information required to be given by this section, the30455
other driver involved in suchthe accident or collision shall30456
forthwith shall notify the nearest police authority concerning the30457
location of the accident or collision, and histhe driver's name,30458
address, and the registered number of the motor vehicle hethe30459
driver was operating, and then remain at the scene of the accident30460
or collision until a police officer arrives, unless removed from30461
the scene by an emergency vehicle operated by a political30462
subdivision or an ambulance.30463

       If suchthe accident or collision is with an unoccupied or30464
unattended motor vehicle, the operator so collidingwho collides30465
with suchthe motor vehicle shall securely attach the information30466
required to be given in this section, in writing, to a conspicuous30467
place in or on saidthe unoccupied or unattended motor vehicle.30468

       (B)Whoever violates division (A) of this section is guilty30469
of failure to stop after an accident, a misdemeanor of the first30470
degree. If the violation results in serious physical harm or30471
death to a person, failure to stop after an accident is a felony30472
of the fifth degree. The court, in addition to any other30473
penalties provided by law, shall impose upon the offender a class30474
five suspension of the offender's driver's license, commercial30475
driver's license, temporary instruction permit, probationary30476
license, or nonresident operating privilege from the range30477
specified in division (A)(5) of section 4510.02 of the Revised30478
Code. No judge shall suspend the first six months of suspension of30479
an offender's license, permit, or privilege required by this30480
division.30481

       Sec. 4549.021. (A) In case of accident or collision30482
resulting in injury or damage to persons or property upon any30483
public or private property other than public roads or highways,30484
due to the driving or operation thereon of any motor vehicle, the30485
person so driving or operating suchthe motor vehicle, having30486
knowledge of suchthe accident or collision, shall stop, and, upon30487
request of the person injured or damaged, or any other person,30488
shall give suchthat person histhe driver's or operator's name30489
and address, and, if hethe driver or operator is not the owner,30490
the name and address of the owner of suchthat motor vehicle,30491
together with the registered number of suchthat motor vehicle,30492
and, if available, exhibit histhe driver's or operator's driver's30493
or commercial driver's license.30494

       If the owner or person in charge of suchthe damaged property30495
is not furnished such information, the driver of the motor vehicle30496
involved in the accident or collision shall, within twenty-four30497
hours after suchthe accident or collision, shall forward to the30498
police department of the city or village in which suchthe30499
accident or collision occurred or if it occurred outside the30500
corporate limits of a city or village to the sheriff of the county30501
in which suchthe accident or collision occurred the same30502
information required to be given to the owner or person in control30503
of suchthe damaged property and give the date, time, and location30504
of the accident or collision.30505

       If the accident or collision is with an unoccupied or30506
unattended motor vehicle, the operator so collidingwho collides30507
with suchthe motor vehicle shall securely attach the information30508
required to be given in this section, in writing, to a conspicuous30509
place in or on the unoccupied or unattended motor vehicle.30510

       (B)Whoever violates division (A) of this section is guilty30511
of failure to stop after a nonpublic road accident, a misdemeanor30512
of the first degree. If the violation results in serious physical30513
harm or death to a person, failure to stop after a nonpublic road30514
accident is a felony of the fifth degree. The court, in addition30515
to any other penalties provided by law, shall impose upon the30516
offender a class five suspension of the offender's driver's30517
license, commercial driver's license, temporary instruction30518
permit, probationary license, or nonresident operating privilege30519
from the range specified in division (A)(5) of section 4510.02 of30520
the Revised Code. No judge shall suspend the first six months of30521
suspension of an offender's license, permit, or privilege required30522
by this division.30523

       Sec. 4549.03. (A) The driver of any vehicle involved in an30524
accident resulting in damage to real property, or personal30525
property attached to such real property, legally upon or adjacent30526
to a public road or highway shall immediately shall stop and take30527
reasonable steps to locate and notify the owner or person in30528
charge of suchthe property of suchthat fact, of histhe driver's30529
name and his address, and of the registration number of the30530
vehicle hethe driver is driving and shall, upon request and if30531
available, shall exhibit histhe driver's driver's or commercial30532
driver's license.30533

       If the owner or person in charge of suchthe property cannot30534
be located after reasonable search, the driver of the vehicle30535
involved in the accident resulting in damage to suchthe property30536
shall, within twenty-four hours after suchthe accident, shall30537
forward to the police department of the city or village in which30538
suchthe accident or collision occurred, or if it occurred outside30539
the corporate limits of a city or village to the sheriff of the30540
county in which suchthe accident or collision occurred, the same30541
information required to be given to the owner or person in control30542
of suchthe property and give the location of the accident and a30543
description of the damage insofar as it is known.30544

       (B)Whoever violates division (A) of this section is guilty30545
of failure to stop after an accident involving the property of30546
others, a misdemeanor of the first degree.30547

       Sec. 4549.042. (A)(1) No person shall sell or otherwise30548
dispose of a master key designed to fit more than one motor30549
vehicle, knowing or having reasonable cause to believe suchthe30550
key will be used to commit a crime.30551

       (2) No person shall buy, receive, or have in histhe30552
person's possession a master key designed to fit more than one30553
motor vehicle, for the purpose of using suchthe key to commit a30554
crime.30555

       (B)Whoever violates division (A)(1) or (2) of this section30556
is guilty of a motor vehicle master key violation, a felony of the30557
fifth degree on a first offense and a felony of the fourth degree30558
on each subsequent offense.30559

       Sec. 4549.08. (A) No person shall operate or drive a motor30560
vehicle upon the public roads and highways in this state if it30561
displays a license plate or a distinctive number or identification30562
mark that meets any of the following criteria:30563

       (A)(1) Is fictitious;30564

       (B)(2) Is a counterfeit or an unlawfully made copy of any30565
distinctive number or identification mark;30566

       (C)(3) Belongs to another motor vehicle, provided that this30567
section does not apply to a motor vehicle that is operated on the30568
public roads and highways in this state when the motor vehicle30569
displays license plates that originally were issued for a motor30570
vehicle that previously was owned by the same person who owns the30571
motor vehicle that is operated on the public roads and highways in30572
this state, during the thirty-day period described in division30573
(C)(A)(3) of section 4503.12 of the Revised Code.30574

       (B) A person who fails to comply with the transfer of30575
registration provisions of section 4503.12 of the Revised Code and30576
is charged with a violation of that section shall not be charged30577
with a violation of this section.30578

       (C)Whoever violates division (A)(1), (2), or (3) of this30579
section is guilty of operating a motor vehicle bearing an invalid30580
license plate or identification mark, a misdemeanor of the fourth30581
degree on a first offense and a misdemeanor of the third degree on30582
each subsequent offense.30583

       Sec. 4549.10. (A) No person shall operate or cause to be30584
operated upon a public road or highway a motor vehicle of a30585
manufacturer or dealer unless suchthe vehicle carries and30586
displays two placards, except as provided in section 4503.21 of30587
the Revised Code, issued by the director of public safety, bearing30588
that bear the registration number of its manufacturer or dealer.30589

       (B)Whoever violates division (A) of this section is guilty30590
of illegal operation of a manufacturer's or dealer's motor30591
vehicle, a minor misdemeanor on a first offense and a misdemeanor30592
of the fourth degree on each subsequent offense.30593

       Sec. 4549.11. (A) No person shall operate or drive upon the30594
highways of this state a motor vehicle acquired from a former30595
owner who has registered the samemotor vehicle, while suchthe30596
motor vehicle displays the distinctive number or identification30597
mark assigned to it upon its original registration.30598

       (B)Whoever violates division (A) of this section is guilty30599
of operation of a motor vehicle bearing license plates or an30600
identification mark issued to another, a minor misdemeanor on a30601
first offense and a misdemeanor of the fourth degree on each30602
subsequent offense.30603

       Sec. 4549.12. (A) No person who is the owner of a motor30604
vehicle and a resident of this state shall operate or drive such30605
the motor vehicle upon the highways of this state, while it30606
displays a distinctive number or identification mark issued by or30607
under the authority of another state, without complying with the30608
laws of this state relating to the registration and identification30609
of motor vehicles.30610

       (B)Whoever violates division (A) of this section is guilty30611
of illegal operation by a resident of this state of a motor30612
vehicle bearing the distinctive number or identification mark30613
issued by a foreign jurisdiction, a minor misdemeanor on a first30614
offense and a misdemeanor of the fourth degree on each subsequent30615
offense.30616

       Sec. 4549.18. (A) The operator of a "commercial car," as30617
defined in section 4501.01 of the Revised Code, when suchthe30618
commercial car is required to be registered under the Revised30619
Code, shall, when operating suchthe commercial car, trailer, or30620
semitrailer on the streets, roads, or highways of this state,30621
display inside or on the vehicle the certificate of registration30622
for suchthe commercial car, trailer, or semitrailer provided for30623
in section 4503.19 of the Revised Code, or shall carry suchthe30624
certificate on histhe operator's person and display such30625
certificateit upon the demand of any state highway patrol trooper30626
or other peace officer.30627

       Every person operating a commercial car, trailer, or30628
semitrailer required to be registered under the Revised Code,30629
shall permit the inspection of the certificate of registration30630
upon demand of the superintendent or any member of the state30631
highway patrol or other peace officer of this state.30632

       (B)Whoever violates division (A) of this section is guilty30633
of a commercial car certificate of registration violation, a minor30634
misdemeanor.30635

       Sec. 4549.42.  (A) No person shall adjust, alter, change,30636
tamper with, advance, set back, disconnect, or fail to connect, an30637
odometer of a motor vehicle, or cause any of the foregoing to30638
occur to an odometer of a motor vehicle with the intent to alter30639
the number of miles registered on the odometer.30640

       (B) Division (A) of this section does not apply to the30641
disconnection of an odometer used for registering the mileage of30642
any new motor vehicle being tested by the manufacturer prior to30643
delivery to a franchise dealer.30644

       (C) Nothing in this section shall preventprevents the30645
service of an odometer, provided that after suchthe service a30646
completed form, captioned "notice of odometer repair"," shall be30647
attached to the left door frame of the motor vehicle by the person30648
performing suchthe repairs. SuchThe notice shall contain, in30649
bold-face type, the following information and statements:30650

"Notice of Odometer Repair
30651

       The odometer of this motor vehicle was repaired or replaced30652
on ................. (date of service).30653

       The mileage registered on the odometer of this motor vehicle30654
before repair was ........... (mileage).30655

       The mileage registered on the odometer of this motor vehicle30656
after repair is ........... (mileage).30657

............................. 30658
(Repairman's Repairer's signature)" 30659

       (D) No person shall intentionally remove or alter the notice30660
required by division (C) of this section.30661

       (E) If after the service of an odometer, the odometer can be30662
set at the same mileage as before suchthe service, the odometer30663
shall be adjusted to reflect that mileage registered on the30664
odometer of the motor vehicle before the service. If the odometer30665
cannot be set at the same mileage as before suchthe service, the30666
odometer of the motor vehicle shall be adjusted to read "zero"."30667

       (F) Except as otherwise provided in this division, whoever30668
violates this section is guilty of tampering with an odometer, a30669
felony of the fifth degree. If the offender previously has been30670
convicted of or pleaded guilty to a violation of this section or30671
of any provision of sections 4549.43 to 4549.46 of the Revised30672
Code, tampering with an odometer is a felony of the fourth degree.30673

       Sec. 4549.43. (A) No person, with intent to defraud, shall30674
advertise for sale, sell, use, or install on any part of any motor30675
vehicle or an odometer in any motor vehicle any device whichthat30676
causes the odometer to register any mileage other than the actual30677
mileage driven by the motor vehicle. For the purpose of this30678
section, the actual mileage driven is that mileage driven by the30679
motor vehicle as registered by an odometer within the30680
manufacturer's designed tolerance.30681

       (B)Except as otherwise provided in this division, whoever30682
violates this section is guilty of selling or installing an30683
odometer tampering device, a felony of the fourth degree. If the30684
offender previously has been convicted of or pleaded guilty to a30685
violation of this section, section 4549.42, or any provision of30686
sections 4549.44 to 4549.46 of the Revised Code, selling or30687
installing an odometer tampering device is a felony of the third30688
degree.30689

       Sec. 4549.44. (A) No person, with intent to defraud, shall30690
operate a motor vehicle on any public street, road, or highway of30691
this state knowing that the odometer of suchthe vehicle is30692
disconnected or nonfunctional.30693

       A person's intent to defraud under this section may be30694
inferred from evidence of the circumstances of the vehicle's30695
operation, including facts pertaining to the length of time or30696
number of miles of operation with a nonfunctioning or disconnected30697
odometer, and the fact that the person subsequently transferred30698
the vehicle without disclosing the inoperative odometer to the30699
transferee in violation of section 4549.45 of the Revised Code.30700

       (B)Except as otherwise provided in this division, whoever30701
violates this section is guilty of fraudulent driving without a30702
functional odometer, a felony of the fourth degree. If the30703
offender previously has been convicted of or pleaded guilty to a30704
violation of this section, section 4549.42 or 4549.43, or any30705
provision of sections 4549.45 to 4549.46 of the Revised Code,30706
fraudulent driving without a functional odometer is a felony of30707
the third degree.30708

       Sec. 4549.45. (A) No person shall transfer a motor vehicle30709
if the person knows or recklessly disregards facts indicating that30710
the odometer of the motor vehicle has been changed, tampered with,30711
or disconnected, or has been in any other manner nonfunctional, to30712
reflect a lesser mileage or use, unless that person gives clear30713
and unequivocal notice of suchthe tampering or nonfunction or of30714
histhe person's reasonable belief of tampering or nonfunction, to30715
the transferee in writing prior to the transfer. In a prosecution30716
for violation of this section, evidence that a transferor or his30717
the transferor's agent has changed, tampered with, disconnected,30718
or failed to connect the odometer of the motor vehicle constitutes30719
prima-facie evidence of knowledge of the odometer's altered30720
condition.30721

       (B)Except as otherwise provided in this division, whoever30722
violates this section is guilty of transferring a motor vehicle30723
that has a tampered or nonfunctional odometer, a felony of the30724
fourth degree. If the offender previously has been convicted of30725
or pleaded guilty to a violation of this section, any provision of30726
sections 4549.42 to 4549.44, or any provision of section 4549.45130727
or 4549.46 of the Revised Code, transferring a motor vehicle that30728
has a tampered or nonfunctional odometer is a felony of the third30729
degree.30730

       Sec. 4549.451. (A) No auctioneer licensed under Chapter30731
4707. of the Revised Code shall advertise for sale by means of any30732
written advertisement, brochure, flyer, or other writing, any30733
motor vehicle the auctioneer knows or has reason to believe has an30734
odometer that has been changed, tampered with, or disconnected, or30735
in any other manner has been nonfunctional, unless the listing or30736
description of the vehicle contained in the written advertisement,30737
brochure, flyer, or other writing contains one of the two30738
following statements:30739

       (A)(1) "This motor vehicle has an odometer that has been30740
changed, tampered with, or disconnected, or otherwise has been30741
nonfunctional."30742

       (B)(2) "Nonactual odometer reading: warning - odometer30743
discrepancy."30744

       (B) The statement selected by the auctioneer shall be30745
printed in type identical in size to the other type used in the30746
listing or description, and shall be located within the listing or30747
description and not located as a footnote to the listing or30748
description.30749

       (C)Except as otherwise provided in this division, whoever30750
violates this section is guilty of a felony of the fourth degree.30751
If the offender previously has been convicted of or pleaded guilty30752
to a violation of this section, any provision of sections 4549.4230753
to 4549.45, or section 4549.46 of the Revised Code, whoever30754
violates this section is guilty of a felony of the third degree.30755

       Sec. 4549.46.  (A) No transferor shall fail to provide the30756
true and complete odometer disclosures required by section 4505.0630757
of the Revised Code. The transferor of a motor vehicle is not in30758
violation of this section's provisionsdivision requiring a true30759
odometer reading if the odometer reading is incorrect due to a30760
previous owner's violation of any of the provisions contained in30761
sections 4549.42 to 4549.46 of the Revised Code, unless the30762
transferor knows of or recklessly disregards facts indicating the30763
violation.30764

       (B) No dealer or wholesaler who acquires ownership of a30765
motor vehicle shall accept any written odometer disclosure30766
statement unless the statement is completed as required by section30767
4505.06 of the Revised Code.30768

       (C) A motor vehicle leasing dealer may obtain a written30769
odometer disclosure statement completed as required by section30770
4505.06 of the Revised Code from a motor vehicle lessee that can30771
be used as prima-facie evidence in any legal action arising under30772
sections 4549.41 to 4549.46 of the Revised Code.30773

       (D)Except as otherwise provided in this division, whoever30774
violates division (A) or (B) of this section is guilty of an30775
odometer disclosure violation, a felony of the fourth degree. If30776
the offender previously has been convicted of or pleaded guilty to30777
a violation of this section or any provision of sections 4549.4230778
to 4549.451 of the Revised Code, a violation of this section is a30779
felony of the third degree.30780

       Sec. 4549.52.  The prosecuting attorney of the county in30781
which a violation of any provision of sections 4549.41 to 4549.5130782
of the Revised Code occurs, or the attorney general, may bring a30783
criminal action to enforce the provisions of sections 4549.41 to30784
4549.51 of the Revised Code. The attorney general and the30785
prosecuting attorney of the county in which a person licensed or30786
granted a permit under Chapter 4517. of the Revised Code is30787
convicted of or pleads guilty to a violation of any provision of30788
sections 4549.41 to 4549.46 of the Revised Code shall report the30789
conviction or guilty plea to the registrar of motor vehicles30790
within five business days of the conviction or plea.30791

       Sec. 4549.62.  (A) No person shall, with purpose to conceal30792
or destroy the identity of a vehicle or vehicle part, shall30793
remove, deface, cover, alter, or destroy any vehicle30794
identification number or derivative thereofof a vehicle30795
identification number on a vehicle or vehicle part.30796

       (B) No person shall, with purpose to conceal or destroy the30797
identity of a vehicle or a vehicle part, shall remove, deface,30798
cover, alter, or destroy any identifying number that has been30799
lawfully placed upon a vehicle or vehicle part by an owner of the30800
vehicle or vehicle part, other than the manufacturer, for the30801
purpose of deterring its theft and facilitating its recovery if30802
stolen.30803

       (C) No person shall, with purpose to conceal or destroy the30804
identity of a vehicle or vehicle part, shall place a counterfeit30805
vehicle identification number or derivative thereofof a vehicle30806
identification number upon the vehicle or vehicle part.30807

       (D)(1) No person shall buy, offer to buy, sell, offer to30808
sell, receive, dispose of, conceal, or, except as provided in30809
division (D)(4) of this section, possess any vehicle or vehicle30810
part with knowledge that the vehicle identification number or a30811
derivative thereofof the vehicle identification number has been30812
removed, defaced, covered, altered, or destroyed in such a manner30813
that the identity of the vehicle or part cannot be determined by a30814
visual examination of the number at the site where the30815
manufacturer placed the number.30816

       (2)(a) A vehicle or vehicle part from which the vehicle30817
identification number or a derivative thereofof the vehicle30818
identification number has been so removed, defaced, covered,30819
altered, or destroyed shall be seized and forfeited under section30820
2933.41 of the Revised Code unless division (D)(3) or (4) of this30821
section applies to the vehicle or part. If a derivative of the30822
vehicle identification number has been removed, defaced, covered,30823
altered, or destroyed in such a manner that the identity of the30824
part cannot be determined, the entire vehicle is subject to30825
seizure pending a determination of the original identity and30826
ownership of the vehicle and parts of the vehicle, and the rights30827
of innocent owners to reclaim the remainder or any part of the30828
vehicle.30829

       (b) The lawful owners of parts upon a vehicle that has been30830
seized under this section and that is subject to forfeiture under30831
section 2933.41 of the Revised Code are entitled to reclaim their30832
respective parts upon satisfactory proof of all of the following:30833

       (i) That the part is not needed for evidence in pending30834
proceedings involving the vehicle or part and is not subject to30835
forfeiture under section 2933.41 of the Revised Code;30836

       (ii) That the original identity and ownership of the part30837
can be determined and that the claimant is the lawful owner of the30838
part;30839

       (iii) That no vehicle identification number or derivative of30840
a vehicle identification number on the part has been destroyed or30841
concealed in such a manner that the identity of the part cannot be30842
determined from that number;30843

       (iv) Payment of all costs of removing the part.30844

       (3) Divisions (A), (B), and (D)(1) and (2) of this section30845
do not apply to the good faith acquisition and disposition of30846
vehicles and vehicle parts as junk or scrap in the ordinary course30847
of business by a scrap metal processing facility as defined in30848
division (E)(D) of section 4737.05 of the Revised Code or by a30849
motor vehicle salvage dealer licensed under Chapter 4738. of the30850
Revised Code. This division (D)(3) does not create an element of30851
an offense or an affirmative defense, or affect the burden of30852
proceeding with the evidence or burden of proof in a criminal30853
proceeding.30854

       (4)(a) Divisions (D)(1) and (2) of this section do not apply30855
to the possession of an owner, or the owner's insurer, who30856
provides satisfactory evidence of all of the following:30857

       (i) That the vehicle identification number or derivative30858
thereof on the vehicle or part has been removed, defaced, covered,30859
altered, or destroyed, after the owner acquired such possession,30860
by another person without the consent of the owner, by accident or30861
other casualty not due to the owner's purpose to conceal or30862
destroy the identity of the vehicle or vehicle part, or by30863
ordinary wear and tear;30864

       (ii) That the person is the owner of the vehicle as shown on30865
a valid certificate of title issued by this state or certificate30866
of title or other lawful evidence of title issued in another30867
state, in a clear chain of title beginning with the manufacturer;30868

       (iii) That the original identity of the vehicle can be30869
established in a manner that excludes any reasonable probability30870
that the vehicle has been stolen from another person.30871

       (b) The registrar of motor vehicles shall adopt rules under30872
Chapter 119. of the Revised Code to permit an owner described in30873
division (D)(4)(a) of this section, upon application and30874
submission of satisfactory evidence to the registrar of motor30875
vehicles, to obtain authority to replace the vehicle30876
identification number under the supervision of a peace officer,30877
trooper of the state highway patrol, or representative of the30878
registrar. The rules shall be designed to restore the30879
identification of the vehicle in a manner that will deter its30880
theft and facilitate its marketability. Until such rules are30881
adopted, the registrar shall follow the existing procedure for the30882
replacement of vehicle identification numbers that have been30883
established by the registrar, with such modifications as the30884
registrar determines to be necessary or appropriate for the30885
administration of the laws hethe registrar is required to30886
administer.30887

       The registrar may issue a temporary permit to an owner of a30888
motor vehicle who is described in division (D)(4)(a) of this30889
section to authorize the owner to retain possession of the motor30890
vehicle and to transfer title to the motor vehicle with the30891
consent of the registrar.30892

       (c) No owner described in division (D)(4)(a) of this section30893
shall knowingly fail knowingly to apply to the registrar for30894
authority to replace the vehicle identification number, within30895
thirty days after the later of the following dates:30896

       (i) The date of receipt by the applicant of actual knowledge30897
of the concealment or destruction;30898

       (ii) If the property has been stolen, the date thereafter30899
upon which the applicant obtains possession of the vehicle or has30900
been notified by a law enforcement agency that the vehicle has30901
been recovered.30902

       The requirement of division (D)(4)(c) of this section may be30903
excused by the registrar for good cause shown.30904

       (E) Whoever violates division (A), (B), (C), or (D)(1) of30905
this section is guilty of a felony of the fifth degree on a first30906
offense and a felony of the fourth degree on each subsequent30907
offense.30908

       (F) Whoever violates division (D)(4)(c) of this section is30909
guilty of a minor misdemeanor.30910

       Sec. 4551.04. (A) No person shall transport trees or boughs30911
described in section 4551.01 of the Revised Code in violation of30912
sections 4551.01 to 4551.03, inclusive, of the Revised Code.30913

       (B)Whoever violates this section shall be fined not more30914
than one thousand dollars, imprisoned not more than thirty days,30915
or both.30916

       Sec. 4561.11. (A) All airports, landing fields, and landing30917
areas shall be approved by the department of transportation before30918
being used for commercial purposes. The department may issue a30919
certificate of approval in each case. The department shall30920
require that a complete plan of such airport, landing field, or30921
landing area be filed with it before granting or issuing such30922
approval; provided that in no case in which the department30923
licenses or certifies an airport, landing field, or landing area30924
constructed, maintained, or supported, in whole or in part, by30925
public funds, under sections 4561.01 to 4561.151 of the Revised30926
Code, shall the public be deprived of the use thereof or its30927
facilities for aviation purposes as fully and equally as all other30928
parties.30929

       In any case in which the department rejects or disapproves an30930
application to operate an airport, landing field, or landing area,30931
or in any case in which the department issues an order requiring30932
certain things to be done before approval, it shall set forth its30933
reasons therefor and shall state the requirements to be met before30934
such approval will be given or such order modified or changed. In30935
any case in which the department considers it necessary, it may30936
order the closing of any airport, landing field, or landing area30937
for commercial purposes until the requirements of the order made30938
by the department are complied with.30939

       Appeal from any action or decision of the department in any30940
such matter shall be made in accordance with sections 119.01 to30941
119.13 of the Revised Code.30942

       The department shall require that any person engaged within30943
this state in operating aircraft, in any form of navigation, shall30944
be the holder of a currently effective airman'saviator's license30945
issued by the civil aeronautics administration.30946

       The airman'saviator's license required by this section shall30947
be kept in the personal possession of the pilot when the pilot is30948
operating aircraft within this state, and shall be presented for30949
inspection upon the request of any passenger, any authorized30950
representative of the department, or any official manager or30951
person in charge of any airport, landing field, or area in this30952
state upon which the pilot lands.30953

       (B)Whoever violates this section shall be fined not more30954
than five hundred dollars, imprisoned not more than ninety days,30955
or both.30956

       Sec. 4561.12. (A) No aircraft shall be operated or30957
maintained on any public land or water owned or controlled by this30958
state, or by any political subdivision thereofof this state,30959
except at such places and under such rules and regulations30960
governing and controlling the operation and maintenance of30961
aircraft as are adopted and promulgated by the department of30962
transportation in accordance with sections 119.01 to 119.13 of the30963
Revised Code.30964

       Such action and approval by the department shall not become30965
effective until it has been approved by the adoption and30966
promulgation of appropriate rules and regulations governing,30967
controlling, and approving said places and the method of operation30968
and maintenance of aircraft, by the department, division,30969
political subdivision, agent, or agency of this state having30970
ownership or control of the places on said public land or water30971
which are affected by such operation or maintenance of aircraft30972
thereon.30973

       (B)Whoever violates this section shall be fined not more30974
than five hundred dollars, imprisoned not more than ninety days,30975
or both.30976

       Sec. 4561.14. (A) No person shall operate any aircraft in30977
this state unless such person is the holder of a valid airman's30978
aviator's license issued by the United States.30979

       No person operating an aircraft within this state shall fail30980
to exhibit such license for inspection upon the demand of any30981
passenger on such aircraft, or fail to exhibit same for inspection30982
upon the demand of any peace officer, member or employee of the30983
department of transportation, or manager or person in charge of an30984
airport or landing field within this state, prior to taking off or30985
upon landing said aircraft.30986

       No person shall operate an aircraft within this state unless30987
such aircraft is licensed and registered by the United States;30988
this section is inapplicable to the operation of military aircraft30989
of the United States, aircraft of a state, territory, or30990
possession of the United States, or aircraft licensed by a foreign30991
country with which the United States has a reciprocal agreement30992
covering the operation of such aircraft.30993

       No person shall operate an aircraft within this state in30994
violation of any air traffic rules in force under the laws of the30995
United States or under sections 4561.01 to 4561.14 of the Revised30996
Code, and the rules and regulations of the department adopted30997
pursuant thereto.30998

       (B)Whoever violates this section shall be fined not more30999
than five hundred dollars, imprisoned not more than ninety days,31000
or both.31001

       Sec. 4561.15.  (A) No person shall commit any of the31002
following acts:31003

       (1) Carry passengers in an aircraft unless the person31004
piloting the aircraft is a holder of a valid airman'sairperson's31005
certificate of competency in the grade of private pilot or higher31006
issued by the United States; this division of this section is31007
inapplicable to the operation of military aircraft of the United31008
States, aircraft of a state, territory, or possession of the31009
United States, or aircraft licensed by a foreign country with31010
which the United States has a reciprocal agreement covering the31011
operation of such aircraft.;31012

       (2) Operate an aircraft on the land or water or in the air31013
space over this state in a careless or reckless manner that31014
endangers any person or property, or with willful or wanton31015
disregard for the rights or safety of others.;31016

       (3) Operate an aircraft on the land or water or in the air31017
space over this state while under the influence of intoxicating31018
liquor, controlled substances, or other habit-forming drugs.;31019

       (4) Tamper with, alter, destroy, remove, carry away, or31020
cause to be carried away any object used for the marking of31021
airports, landing fields, or other aeronautical facilities in this31022
state, or in any way change the position or location of such31023
markings, except by the direction of the proper authorities31024
charged with the maintenance and operation of such facilities, or31025
illegally possess any object used for such markings.31026

       (B) Jurisdiction over any proceedings charging a violation31027
of this section is limited to courts of record.31028

       (C)Whoever violates this section shall be fined not more31029
than five hundred dollars, imprisoned not more than six months, or31030
both.31031

       Sec. 4561.22. (A) No owner or operator of an aircraft shall31032
violate sections 4561.17 to 4561.20, inclusive, of the Revised31033
Code.31034

       (B)Whoever violates this section shall be fined not more31035
than one hundred dollars, imprisoned not more than thirty days, or31036
both.31037

       Sec. 4561.24. (A) No person shall operate a motor vehicle31038
upon any runway of an airport without prior approval of the person31039
in charge of the airport when the airport has been certified as a31040
commercial airport by the office of aviation.31041

       Any person lending assistance to the operator or operation of31042
a vehicle engaged in such activity shall be equally charged as the31043
participants.31044

       (B)Except as otherwise provided in this division, whoever31045
violates this section shall be fined not less than one hundred nor31046
more than five hundred dollars, imprisoned for not more than six31047
months, or both. If the offender previously has committed a31048
violation of this section, whoever violates this section shall be31049
fined not less than two hundred nor more than one thousand31050
dollars, imprisoned for not more than one year, or both.31051

       (C) As used in this section, "motor vehicle" has the same31052
meaning as in section 4501.01 of the Revised Code.31053

       (D) Airport vehicles and emergency and maintenance equipment31054
are exempted from this section.31055

       Sec. 4561.31.  (A)(1) Except as provided in divisions (D),31056
(E), and (F) of this section, no person shall commence to install31057
any structure or object of natural growth in this state, any part31058
of which will penetrate or is reasonably expected to penetrate31059
into or through any airport's clear zone surface, horizontal31060
surface, conical surface, primary surface, approach surface, or31061
transitional surface without first obtaining a permit from the31062
department of transportation under section 4561.34 of the Revised31063
Code. The replacement of an existing structure or object of31064
natural growth with, respectively, a structure or object that is31065
not more than ten feet or twenty per cent higher than the height31066
of the existing structure or object, whichever is higher, does not31067
constitute commencing to install a structure or object, except31068
when any part of the structure or object will penetrate or is31069
reasonably expected to penetrate into or through any airport's31070
clear zone surface, horizontal surface, conical surface, primary31071
surface, approach surface, or transitional surface. Such31072
replacement of a like structure or object is not exempt from any31073
other requirements of state or local law.31074

       (2) No person shall substantially change, as determined by31075
the department, the height or location of any structure or object31076
of natural growth in this state, any part of which, as a result of31077
such change, will penetrate or is reasonably expected to penetrate31078
into or through any airport's clear zone surface, horizontal31079
surface, conical surface, primary surface, approach surface, or31080
transitional surface, and for which installation had commenced or31081
which was already installed prior to the effective date of this31082
sectionOctober 15, 1991, without first obtaining a permit from31083
the department under section 4561.34 of the Revised Code. This31084
division does not exempt the structure or object from any other31085
requirements of state or local law.31086

       (3) No person shall substantially change, as determined by31087
the department, the height or location of any structure or object31088
of natural growth for which a permit was issued pursuant to31089
section 4561.34 of the Revised Code, without first obtaining an31090
amended permit from the department under that section.31091

       (B) No person shall install, operate, or maintain any31092
structure or object of natural growth for which a permit has been31093
issued under section 4561.34 of the Revised Code, except in31094
compliance with the permit's terms and conditions and with any31095
rules or orders issued under sections 4561.30 to 4561.39 of the31096
Revised Code.31097

       (C) The holder of a permit issued under section 4561.34 of31098
the Revised Code, with the department's approval, may transfer the31099
permit to another person who agrees to comply with its terms and31100
conditions.31101

       (D) Any person who receives a permit to construct,31102
establish, substantially change, or substantially alter a31103
structure or object of natural growth from an airport zoning board31104
on or after the effective date of this sectionOctober 15, 1991,31105
under Chapter 4563. of the Revised Code is not required to apply31106
for a permit from the department under sections 4561.30 to 4561.3931107
of the Revised Code, provided that the airport zoning board has31108
adopted airport zoning regulations pursuant to section 4563.032 of31109
the Revised Code.31110

       (E) Any person who receives a certificate from the power31111
siting board pursuant to section 4906.03 or 4906.10 of the Revised31112
Code on or after the effective date of this sectionOctober 15,31113
1991, is not required to apply for a permit from the department31114
under sections 4561.30 to 4561.39 of the Revised Code.31115

       (F) Any person who, in accordance with 14 C.F.R. 77.11 to31116
77.19, notified the federal aviation administration prior to June31117
1, 1991, that hethe person proposes to construct, establish,31118
substantially change, or substantially alter a structure or object31119
of natural growth is not required to apply for a permit from the31120
department under sections 4561.30 to 4561.39 of the Revised Code31121
in connection with the construction, establishment, substantial31122
change, or substantial alteration of the structure or object of31123
natural growth either as originally proposed to the federal31124
aviation administration or as altered as the person or the federal31125
aviation administration considers necessary, provided that the31126
federal aviation administration, pursuant to 14 C.F.R. Part 77,31127
does not determine that the proposed construction, establishment,31128
substantial change, or substantial alteration of the structure or31129
object of natural growth would be a hazard to air navigation.31130

       (G)(1)Whoever violates division (A)(1) or (2) of this31131
section is guilty of a misdemeanor of the third degree. Each day31132
of violation constitutes a separate offense.31133

       (2) Whoever violates division (A)(3) or (B) of this section31134
is guilty of a misdemeanor of the first degree. Each day of31135
violation constitutes a separate offense.31136

       Sec. 4561.99. (A) Whoever violates any provision of31137
sections 4561.014561.021 to 4561.144561.13 of the Revised Code31138
for which no penalty otherwise is provided in the section that31139
contains the provision violated shall be fined not more than five31140
hundred dollars, imprisoned not more than ninety days, or both.31141

       (B) Whoever violates section 4561.15 of the Revised Code31142
shall be fined not more than five hundred dollars, imprisoned not31143
more than six months, or both.31144

       (C) Whoever violates section 4561.22 of the Revised Code31145
shall be fined not more than one hundred dollars, imprisoned not31146
more than thirty days, or both.31147

       (D) Whoever violates section 4561.24 of the Revised Code31148
shall be fined not less than one hundred nor more than five31149
hundred dollars, imprisoned for not more than six months, or both,31150
for a first offense and shall be fined not less than two hundred31151
nor more than one thousand dollars, imprisoned for not more than31152
one year, or both, for each subsequent offense.31153

       (E) Whoever violates division (A)(1) or (2) of section31154
4561.31 of the Revised Code is guilty of a misdemeanor of the31155
third degree. Each day of violation constitutes a separate31156
offense.31157

       (F) Whoever violates division (A)(3) or (B) of section31158
4561.31 of the Revised Code is guilty of a misdemeanor of the31159
first degree. Each day of violation constitutes a separate31160
offense.31161

       Sec. 4563.09.  No airport zoning regulations adopted under31162
sections 4563.01 to 4563.21, inclusive, and section 4563.99 of the31163
Revised Code, shall require the removal, lowering, or other change31164
or alteration of any structure or object of natural growth not31165
conforming to the regulations when adopted or amended, or31166
otherwise interfere with the continuance of any nonconforming use,31167
except as provided in section 4563.14 of the Revised Code.31168

       Sec. 4563.10.  Nothing in sections 4563.01 to 4563.21,31169
inclusive, of the Revised Code, shall confer any power on any31170
political subdivision or airport zoning board to prohibit the use31171
of any land for farming, dairying, pasturage, apiculture,31172
horticulture, floriculture, viticulture, or animal and poultry31173
husbandry, except where such use shall create an airport hazard.31174
The provisions of sections 4563.01 to 4563.21, inclusive, and31175
section 4563.99 of the Revised Code shall not apply in respect to31176
the location, relocation, erection, construction, reconstruction,31177
change, alteration, maintenance, removal, use, or enlargement of31178
any buildings or structures, now existing or constructed in the31179
future, of any public utility or railroad.31180

       Sec. 4563.20. (A) No person shall violate any regulation,31181
order, or ruling promulgated or made pursuant to sections 4563.0131182
to 4563.21, inclusive, of the Revised Code.31183

       (B)Whoever violates this section shall be fined not more31184
than one hundred dollars. Each day's willful continuation of the31185
violation is a separate offense.31186

       Sec. 4582.06. (A) A port authority created in accordance31187
with section 4582.02 of the Revised Code may:31188

       (A)(1) Acquire, construct, furnish, equip, maintain, repair,31189
sell, exchange, lease to or from, lease with an option to31190
purchase, convey other interests in, or operate real or personal31191
property, or any combination thereof, related to, useful for, or31192
in furtherance of any authorized purpose, and make charges for the31193
use of any port authority facility, which shall be not less than31194
the charges established for the same services furnished by a31195
public utility or common carrier in the jurisdiction of the31196
particular port authority;31197

       (B)(2) Straighten, deepen, and improve any canal, channel,31198
river, stream, or other water course or way that may be necessary31199
or proper in the development of the facilities of the port31200
authority;31201

       (C)(3) Issue bonds or notes for the acquisition,31202
construction, furnishing, or equipping of any real or personal31203
property, or any combination thereof, related to, useful for, or31204
in furtherance of any authorized purpose, in compliance with31205
Chapter 133. of the Revised Code, except that the bonds or notes31206
only may be issued pursuant to a vote of the electors residing31207
within the territory of the port authority. The net indebtedness31208
incurred by a port authority shall never exceed two per cent of31209
the total value of all property within the territory comprising31210
the authority as listed and assessed for taxation.31211

       (D)(4) By resolution of its board of directors, issue31212
revenue bonds beyond the limit of bonded indebtedness provided by31213
law, for the acquisition, construction, furnishing, or equipping31214
of any real or personal property, or any combination thereof,31215
related to, useful for, or in furtherance of any authorized31216
purpose, including all costs in connection with or incidental31217
thereto.31218

       The revenue bonds of the port authority shall be secured only31219
by a pledge of and a lien on the revenues of the port authority31220
derived from those loan payments, rentals, fees, charges, or other31221
revenues that are designated in the resolution, including, but not31222
limited to, any property to be acquired, constructed, furnished,31223
or equipped with the proceeds of the bond issue, after provision31224
only for the reasonable cost of operating, maintaining, and31225
repairing the property of the port authority so designated. The31226
bonds may further be secured by the covenant of the port authority31227
to maintain rates or charges that will produce revenues sufficient31228
to meet the costs of operating, maintaining, and repairing such31229
property and to meet the interest and principal requirements of31230
the bonds and to establish and maintain reserves for the foregoing31231
purposes. The board of directors, by resolution, may provide for31232
the issuance of additional revenue bonds from time to time, to be31233
secured equally and ratably, without preference, priority, or31234
distinction, with outstanding revenue bonds, but subject to the31235
terms and limitations of any trust agreement described in this31236
section, and of any resolution authorizing bonds then outstanding.31237
The board of directors, by resolution, may designate additional31238
property of the port authority, the revenues of which shall be31239
pledged and be subject to a lien for the payment of the debt31240
charges on revenue bonds theretofore authorized by resolution of31241
the board of directors, to the same extent as the revenues above31242
described.31243

       In the discretion of the board of directors, the revenue31244
bonds of the port authority may be secured by a trust agreement31245
between the board of directors on behalf of the port authority and31246
a corporate trustee, that may be any trust company or bank having31247
powers of a trust company, within or without the state.31248

       The trust agreement may provide for the pledge or assignment31249
of the revenues to be received, but shall not pledge the general31250
credit and taxing power of the port authority. A trust agreement31251
securing revenue bonds issued to acquire, construct, furnish, or31252
equip real property, plants, factories, offices, and other31253
structures and facilities for authorized purposes consistent with31254
Section 13 or 16 of Article VIII, Ohio Constitution, may mortgage31255
the real or personal property, or a combination thereof, to be31256
acquired, constructed, furnished, or equipped from the proceeds of31257
such revenue bonds, as further security for the bonds. The trust31258
agreement or the resolution providing for the issuance of revenue31259
bonds may set forth the rights and remedies of the bondholders and31260
trustee, and may contain other provisions for protecting and31261
enforcing their rights and remedies that are determined in the31262
discretion of the board of directors to be reasonable and proper.31263
The agreement or resolution may provide for the custody,31264
investment, and disbursement of all moneys derived from the sale31265
of such bonds, or from the revenues of the port authority, other31266
than those moneys received from taxes levied pursuant to section31267
4582.14 of the Revised Code, and may provide for the deposit of31268
such funds without regard to section 4582.15 of the Revised Code.31269

       All bonds issued under authority of this chapter, regardless31270
of form or terms and regardless of any other law to the contrary,31271
shall have all qualities and incidents of negotiable instruments,31272
subject to provisions for registration, and may be issued in31273
coupon, fully registered, or other form, or any combination31274
thereof, as the board of directors determines. Provision may be31275
made for the registration of any coupon bonds as to principal31276
alone or as to both principal and interest, and for the conversion31277
into coupon bonds of any fully registered bonds or bonds31278
registered as to both principal and interest.31279

       The revenue bonds shall bear interest at such rate or rates,31280
shall bear such date or dates, and shall mature within forty years31281
following the date of issuance and in such amount, at such time or31282
times, and in such number of installments, as may be provided in31283
or pursuant to the resolution authorizing their issuance. Any31284
original issue of revenue bonds shall mature not later than forty31285
years from their date of issue. Such resolution also shall31286
provide for the execution of the bonds, which may be by facsimile31287
signatures unless prohibited by the resolution, and the manner of31288
sale of the bonds. The resolution shall provide for, or provide31289
for the determination of, any other terms and conditions relative31290
to the issuance, sale, and retirement of the bonds that the board31291
of directors in its discretion determines to be reasonable and31292
proper.31293

       Whenever a port authority considers it expedient, it may31294
issue renewal notes and refund any bonds, whether the bonds to be31295
refunded have or have not matured. The final maturity of any31296
notes, including any renewal notes, shall not be later than five31297
years from the date of issue of the original issue of notes. The31298
final maturity of any refunding bonds shall not be later than the31299
later of forty years from the date of issue of the original issue31300
of bonds or the date by which it is expected, at the time of31301
issuance of the refunding bonds, that the useful life of all of31302
the property, other than interests in land, refinanced with31303
proceeds of the bonds will have expired. The refunding bonds31304
shall be sold and the proceeds applied to the purchase,31305
redemption, or payment of the bonds to be refunded and the costs31306
of issuance of the refunding bonds. The bonds and notes issued31307
under this chapter, their transfer, and the income therefrom,31308
shall at all times be free from taxation within the state.31309

       (E)(5) Do any of the following, in regard to any interests31310
in any real or personal property, or any combination thereof,31311
including, without limitation, machinery, equipment, plants,31312
factories, offices, and other structures and facilities related31313
to, useful for, or in furtherance of any authorized purpose, for31314
such consideration and in such manner, consistent with Article31315
VIII, Ohio Constitution, as the board in its sole discretion may31316
determine:31317

       (1)(a) Loan moneys to any person for the acquisition,31318
construction, furnishing, and equipping of the property;31319

       (2)(b) Acquire, construct, maintain, repair, furnish, and31320
equip the property;31321

       (3)(c) Sell to, exchange with, lease, convey other interests31322
in, or lease with an option to purchase the same or any lesser31323
interest in the property to the same or any other person or31324
governmental entity;31325

       (4)(d) Guarantee the obligations of any person or31326
governmental entity.31327

       A port authority may accept and hold as consideration for the31328
conveyance of property or any interest therein such property or31329
interests therein as the board in its discretion may determine,31330
notwithstanding any restrictions that apply to the investment of31331
funds by a port authority.31332

       (F)(6) Construct, maintain, repair, furnish, equip, sell,31333
exchange, lease, or lease with an option to purchase, any property31334
that it is authorized to acquire. A port authority that is31335
subject to this section also may operate any property in31336
connection with transportation, recreational, governmental31337
operations, or cultural activities.31338

       (1)(a) Any purchase, exchange, sale, lease, lease with an31339
option to purchase, conveyance of other interests in, or other31340
contract with a person or governmental entity that pertains to the31341
acquisition, construction, maintenance, repair, furnishing,31342
equipping, or operation of any real or personal property, or any31343
combination thereof, related to, useful for, or in furtherance of31344
an activity contemplated by Section 13 or 16 of Article VIII, Ohio31345
Constitution, shall be made in such manner and subject to such31346
terms and conditions as may be determined by the board of31347
directors in its discretion.31348

       (2)(b) Division (F)(1)(A)(6)(a) of this section applies to31349
all contracts that are subject to the division, notwithstanding31350
any other provision of law that might otherwise apply, including,31351
without limitation, any requirement of notice, any requirement of31352
competitive bidding or selection, or any requirement for the31353
provision of security.31354

       (3)(c) Divisions (F)(1)(A)(6)(a) and (2)(b) of this section31355
do not apply to either of the following:31356

       (a)(i) Any contract secured by or to be paid from moneys31357
raised by taxation or the proceeds of obligations secured by a31358
pledge of moneys raised by taxation;31359

       (b)(ii) Any contract secured exclusively by or to be paid31360
exclusively from the general revenues of the port authority. For31361
the purposes of this section, any revenues derived by the port31362
authority under a lease or other agreement that, by its terms,31363
contemplates the use of amounts payable under the agreement either31364
to pay the costs of the improvement that is the subject of the31365
contract or to secure obligations of the port authority issued to31366
finance costs of such improvement, are excluded from general31367
revenues.31368

       (G)(7) Apply to the proper authorities of the United States31369
pursuant to appropriate law for the right to establish, operate,31370
and maintain foreign trade zones and to establish, operate, and31371
maintain foreign trade zones; and to acquire land or property31372
therefor, in a manner consistent with section 4582.17 of the31373
Revised Code;31374

       (H)(8) Exercise the right of eminent domain to appropriate31375
any land, rights, rights-of-way, franchises, easements, or other31376
property, necessary or proper for any authorized purpose, pursuant31377
to the procedure provided in sections 163.01 to 163.22 of the31378
Revised Code, if funds equal to the appraised value of the31379
property to be acquired as a result of such proceedings are31380
available for that purpose, except that nothing contained in31381
sections 4582.01 to 4582.20 of the Revised Code shall authorize a31382
port authority to take or disturb property or facilities belonging31383
to any agency or political subdivision of this state, public31384
utility, or common carrier, which property or facilities are31385
necessary and convenient in the operation of the agency or31386
political subdivision, public utility, or common carrier, unless31387
provision is made for the restoration, relocation, or duplication31388
of the property or facilities, or upon the election of the agency31389
or political subdivision, public utility, or common carrier, for31390
the payment of compensation, if any, at the sole cost of the port31391
authority, provided that:31392

       (1)(a) If any restoration or duplication proposed to be made31393
pursuant to this section involves a relocation of such property or31394
facilities, the new facilities and location shall be of at least31395
comparable utilitarian value and effectiveness, and the relocation31396
shall not impair the ability of the public utility or common31397
carrier to compete in its original area of operation.31398

       (2)(b) If any restoration or duplication made pursuant to31399
this section involves a relocation of such property or facilities,31400
the port authority shall acquire no interest or right in or to the31401
appropriated property or facilities, except as provided in31402
division (K)(A)(11) of this section, until the relocated property31403
or facilities are available for use and until marketable title31404
thereto has been transferred to the public utility or common31405
carrier.31406

       (3)(c) Provisions for restoration or duplication shall be31407
described in detail in the resolution for appropriation passed by31408
the port authority.31409

       (I)(9) Enjoy and possess the same rights, privileges, and31410
powers granted municipal corporations under sections 721.04 to31411
721.11 of the Revised Code;31412

       (J)(10) Maintain such funds as it considers necessary;31413

       (K)(11) Direct its agents or employees, when properly31414
identified in writing, and after at least five days' written31415
notice, to enter upon lands within the confines of its31416
jurisdiction in order to make surveys and examinations preliminary31417
to location and construction of works for the purposes of the port31418
authority, without liability of the port authority or its agents31419
or employees except for actual damage done;31420

       (L)(12) Sell, lease, or convey other interests in real and31421
personal property and grant easements or rights-of-way over31422
property of the port authority. The board of directors shall31423
specify the consideration and any terms thereof for the sale,31424
lease, or conveyance of other interests in real and personal31425
property. Any determinations made by the board of directors under31426
this division shall be conclusive. The sale, lease, or conveyance31427
may be made without advertising and the receipt of bids.31428

       (M)(13) Promote, advertise, and publicize the port authority31429
facilities and its authorized purposes, provide information to31430
persons with an interest in transportation and other port31431
authority activities, and appear before rate-making authorities to31432
represent and promote the interests of the port authority and its31433
authorized purposes;31434

       (N)(14) Adopt rules, not in conflict with general law,31435
governing the use of and the safeguarding of its property,31436
grounds, buildings, equipment, and facilities, safeguarding31437
persons and their property located on or in port authority31438
property, and governing the conduct of its employees and the31439
public, in order to promote the public safety and convenience in31440
and about its terminals and grounds, and to maintain order. Any31441
such regulation shall be posted at no less than five public places31442
in the port authority, as determined by the board of directors,31443
for a period of not fewer than fifteen days, and shall be31444
available for public inspection at the principal office of the31445
port authority during regular business hours. No person shall31446
violate any lawful regulation adopted and posted as provided in31447
this division.31448

       (O)(15) Do all acts necessary or appropriate to carry out31449
its authorized purposes. The port authority shall have the powers31450
and rights granted to other subdivisions under section 9.20 of the31451
Revised Code.31452

       (B) Any instrument by which real property is acquired31453
pursuant to this section shall identify the agency of the state31454
that has the use and benefit of the real property as specified in31455
section 5301.012 of the Revised Code.31456

       (C)Whoever violates division (A)(14) of this section is31457
guilty of a minor misdemeanor.31458

       Sec. 4582.31. (A) A port authority created in accordance31459
with section 4582.22 of the Revised Code may:31460

       (A)(1) Adopt bylaws for the regulation of its affairs and31461
the conduct of its business;31462

       (B)(2) Adopt an official seal;31463

       (C)(3) Maintain a principal office within its jurisdiction,31464
and maintain such branch offices as it may require;31465

       (D)(4) Acquire, construct, furnish, equip, maintain, repair,31466
sell, exchange, lease to or from, or lease with an option to31467
purchase, convey other interests in real or personal property, or31468
any combination thereof, related to, useful for, or in furtherance31469
of any authorized purpose and operate any property in connection31470
with transportation, recreational, governmental operations, or31471
cultural activities;31472

       (E)(5) Straighten, deepen, and improve any channel, river,31473
stream, or other water course or way which may be necessary or31474
proper in the development of the facilities of a port authority;31475

       (F)(6) Make available the use or services of any port31476
authority facility to one or more persons, one or more31477
governmental agencies, or any combination thereof;31478

       (G)(7) Issue bonds or notes for the acquisition,31479
construction, furnishing, or equipping of any port authority31480
facility or other permanent improvement that a port authority is31481
authorized to acquire, construct, furnish, or equip, in compliance31482
with Chapter 133. of the Revised Code, except that such bonds or31483
notes may only be issued pursuant to a vote of the electors31484
residing within the area of jurisdiction of the port authority.31485
The net indebtedness incurred by a port authority shall never31486
exceed two per cent of the total value of all property within the31487
territory comprising the port authority as listed and assessed for31488
taxation.31489

       (H)(8) Issue port authority revenue bonds beyond the limit31490
of bonded indebtedness provided by law, payable solely from31491
revenues as provided in section 4582.48 of the Revised Code, for31492
the purpose of providing funds to pay the costs of any port31493
authority facility or facilities or parts thereof;31494

       (I)(9) Apply to the proper authorities of the United States31495
pursuant to appropriate law for the right to establish, operate,31496
and maintain foreign trade zones and establish, operate, and31497
maintain foreign trade zones and to acquire, exchange, sell, lease31498
to or from, lease with an option to purchase, or operate31499
facilities, land, or property therefor in accordance with the31500
"Foreign Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to31501
81u;31502

       (J)(10) Enjoy and possess the same rights, privileges, and31503
powers granted municipal corporations under sections 721.04 to31504
721.11 of the Revised Code;31505

       (K)(11) Maintain such funds as it considers necessary;31506

       (L)(12) Direct its agents or employees, when properly31507
identified in writing, and after at least five days' written31508
notice, to enter upon lands within the confines of its31509
jurisdiction in order to make surveys and examinations preliminary31510
to location and construction of works for the purposes of the port31511
authority, without liability of the port authority or its agents31512
or employees except for actual damage done;31513

       (M)(13) Promote, advertise, and publicize the port authority31514
and its facilities; provide information to shippers and other31515
commercial interests; and appear before rate-making authorities to31516
represent and promote the interests of the port authority;31517

       (N)(14) Adopt rules, not in conflict with general law, it31518
finds necessary or incidental to the performance of its duties and31519
the execution of its powers under sections 4582.21 to 4582.54 of31520
the Revised Code. Any such rule shall be posted at no less than31521
five public places in the port authority, as determined by the31522
board of directors, for a period of not fewer than fifteen days,31523
and shall be available for public inspection at the principal31524
office of the port authority during regular business hours. No31525
person shall violate any lawful rule adopted and posted as31526
provided in this division.31527

       (O)(15) Do any of the following, in regard to any interests31528
in any real or personal property, or any combination thereof,31529
including, without limitation, machinery, equipment, plants,31530
factories, offices, and other structures and facilities related31531
to, useful for, or in furtherance of any authorized purpose, for31532
such consideration and in such manner, consistent with Article31533
VIII of the Ohio Constitution, as the board in its sole discretion31534
may determine:31535

       (1)(a) Loan moneys to any person or governmental entity for31536
the acquisition, construction, furnishing, and equipping of the31537
property;31538

       (2)(b) Acquire, construct, maintain, repair, furnish, and31539
equip the property;31540

       (3)(c) Sell to, exchange with, lease, convey other interests31541
in, or lease with an option to purchase the same or any lesser31542
interest in the property to the same or any other person or31543
governmental entity;31544

       (4)(d) Guarantee the obligations of any person or31545
governmental entity.31546

       A port authority may accept and hold as consideration for the31547
conveyance of property or any interest therein such property or31548
interests therein as the board in its discretion may determine,31549
notwithstanding any restrictions that apply to the investment of31550
funds by a port authority.31551

       (P)(16) Sell, lease, or convey other interests in real and31552
personal property, and grant easements or rights-of-way over31553
property of the port authority. The board of directors shall31554
specify the consideration and any terms for the sale, lease, or31555
conveyance of other interests in real and personal property. Any31556
determination made by the board under this division shall be31557
conclusive. The sale, lease, or conveyance may be made without31558
advertising and the receipt of bids.31559

       (Q)(17) Exercise the right of eminent domain to appropriate31560
any land, rights, rights-of-way, franchises, easements, or other31561
property, necessary or proper for any authorized purpose, pursuant31562
to the procedure provided in sections 163.01 to 163.22 of the31563
Revised Code, if funds equal to the appraised value of the31564
property to be acquired as a result of such proceedings are31565
available for that purpose. However, nothing contained in31566
sections 4582.201 to 4582.59 of the Revised Code shall authorize a31567
port authority to take or disturb property or facilities belonging31568
to any agency or political subdivision of this state, public31569
utility, or common carrier, which property or facilities are31570
necessary and convenient in the operation of the agency or31571
political subdivision, public utility, or common carrier, unless31572
provision is made for the restoration, relocation, or duplication31573
of such property or facilities, or upon the election of the agency31574
or political subdivision, public utility, or common carrier, for31575
the payment of compensation, if any, at the sole cost of the port31576
authority, provided that:31577

       (1)(a) If any restoration or duplication proposed to be made31578
under this section involves a relocation of the property or31579
facilities, the new facilities and location shall be of at least31580
comparable utilitarian value and effectiveness and shall not31581
impair the ability of the public utility or common carrier to31582
compete in its original area of operation;31583

       (2)(b) If any restoration or duplication made under this31584
section involves a relocation of the property or facilities, the31585
port authority shall acquire no interest or right in or to the31586
appropriated property or facilities, except as provided in31587
division (O) of this section, until the relocated property or31588
facilities are available for use and until marketable title31589
thereto has been transferred to the public utility or common31590
carrier.31591

       (R)(1)(18)(a) Make and enter into all contracts and31592
agreements and execute all instruments necessary or incidental to31593
the performance of its duties and the execution of its powers31594
under sections 4582.21 to 4582.59 of the Revised Code.31595

       (2)(b) Except as provided in division (R)(3)(A)(18)(c) of31596
this section, when the cost of a contract for the construction of31597
any building, structure, or other improvement undertaken by a port31598
authority involves an expenditure exceeding twenty-five thousand31599
dollars, and the port authority is the contracting entity, the31600
port authority shall make a written contract after notice calling31601
for bids for the award of the contract has been given by31602
publication twice, with at least seven days between publications,31603
in a newspaper of general circulation in the area of the port31604
authority. Each such contract shall be let to the lowest31605
responsive and responsible bidder in accordance with section 9.31231606
of the Revised Code. Every contract shall be accompanied by or31607
shall refer to plans and specifications for the work to be done,31608
prepared for and approved by the port authority, signed by an31609
authorized officer of the port authority and by the contractor,31610
and shall be executed in triplicate.31611

       Each bid shall be awarded in accordance with sections 153.54,31612
153.57, and 153.571 of the Revised Code. The port authority may31613
reject any and all bids.31614

       (3)(c) The board of directors by rule may provide criteria31615
for the negotiation and award without competitive bidding of any31616
contract as to which the port authority is the contracting entity31617
for the construction of any building or structure or other31618
improvement under any of the following circumstances:31619

       (a)(i) There exists a real and present emergency that31620
threatens damage or injury to persons or property of the port31621
authority or other persons, provided that a statement specifying31622
the nature of the emergency that is the basis for the negotiation31623
and award of a contract without competitive bidding shall be31624
signed by the officer of the port authority that executes that31625
contract at the time of the contract's execution and shall be31626
attached to the contract.31627

       (b)(ii) A commonly recognized industry or other standard or31628
specification does not exist and cannot objectively be articulated31629
for the improvement.31630

       (c)(iii) The contract is for any energy conservation measure31631
as defined in section 307.041 of the Revised Code.31632

       (d)(iv) With respect to material to be incorporated into the31633
improvement, only a single source or supplier exists for the31634
material.31635

       (e)(v) A single bid is received by the port authority after31636
complying with the provisions of division (R)(2)(A)(18)(b) of this31637
section.31638

       (4)(a)(d)(i) If a contract is to be negotiated and awarded31639
without competitive bidding for the reason set forth in division31640
(R)(3)(b)(A)(18)(c)(ii) of this section, the port authority shall31641
publish a notice calling for technical proposals at least twice,31642
with at least seven days between publications, in a newspaper of31643
general circulation in the area of the port authority. After31644
receipt of the technical proposals, the port authority may31645
negotiate with and award a contract for the improvement to the31646
proposer making the proposal considered to be the most31647
advantageous to the port authority.31648

       (b)(ii) If a contract is to be negotiated and awarded31649
without competitive bidding for the reason set forth in division31650
(R)(3)(d)(A)(18)(c)(iv) of this section, any construction31651
activities related to the incorporation of the material into the31652
improvement also may be provided without competitive bidding by31653
the source or supplier of that material.31654

       (5)(a)(e)(i) Any purchase, exchange, sale, lease, lease with31655
an option to purchase, conveyance of other interests in, or other31656
contract with a person or governmental entity that pertains to the31657
acquisition, construction, maintenance, repair, furnishing,31658
equipping, or operation of any real or personal property, or any31659
combination thereof, related to, useful for, or in furtherance of31660
an activity contemplated by Section 13 or 16 of Article VIII, Ohio31661
Constitution, shall be made in such manner and subject to such31662
terms and conditions as may be determined by the board of31663
directors in its discretion.31664

       (b)(ii) Division (R)(5)(a)(A)(18)(e)(i) of this section31665
applies to all contracts that are subject to the division,31666
notwithstanding any other provision of law that might otherwise31667
apply, including, without limitation, any requirement of notice,31668
any requirement of competitive bidding or selection, or any31669
requirement for the provision of security.31670

       (c)(iii) Divisions (R)(5)(a)(A)(18)(e)(i) and (b)(ii) of31671
this section do not apply to either of the following:31672

       (i) Any: any contract secured by or to be paid from moneys31673
raised by taxation or the proceeds of obligations secured by a31674
pledge of moneys raised by taxation.31675

       (ii) Any;or any contract secured exclusively by or to be31676
paid exclusively from the general revenues of the port authority.31677
For the purposes of this section, any revenues derived by the port31678
authority under a lease or other agreement that, by its terms,31679
contemplates the use of amounts payable under the agreement either31680
to pay the costs of the improvement that is the subject of the31681
contract or to secure obligations of the port authority issued to31682
finance costs of such improvement, are excluded from general31683
revenues.31684

       (S)(19) Employ managers, superintendents, and other31685
employees and retain or contract with consulting engineers,31686
financial consultants, accounting experts, architects, attorneys,31687
and any other consultants and independent contractors as are31688
necessary in its judgment to carry out this chapter, and fix the31689
compensation thereof. All expenses thereof shall be payable from31690
any available funds of the port authority or from funds31691
appropriated for that purpose by a political subdivision creating31692
or participating in the creation of the port authority.31693

       (T)(20) Receive and accept from any state or federal agency31694
grants and loans for or in aid of the construction of any port31695
authority facility or for research and development with respect to31696
port authority facilities, and receive and accept aid or31697
contributions from any source of money, property, labor, or other31698
things of value, to be held, used, and applied only for the31699
purposes for which the grants and contributions are made;31700

       (U)(21) Engage in research and development with respect to31701
port authority facilities;31702

       (V)(22) Purchase fire and extended coverage and liability31703
insurance for any port authority facility and for the principal31704
office and branch offices of the port authority, insurance31705
protecting the port authority and its officers and employees31706
against liability for damage to property or injury to or death of31707
persons arising from its operations, and any other insurance the31708
port authority may agree to provide under any resolution31709
authorizing its port authority revenue bonds or in any trust31710
agreement securing the same;31711

       (W)(23) Charge, alter, and collect rentals and other charges31712
for the use or services of any port authority facility as provided31713
in section 4582.43 of the Revised Code;31714

       (X)(24) Provide coverage for its employees under Chapters31715
145., 4123., and 4141. of the Revised Code;31716

       (Y)(25) Do all acts necessary or proper to carry out the31717
powers expressly granted in sections 4582.21 to 4582.59 of the31718
Revised Code.31719

       (B) Any instrument by which real property is acquired31720
pursuant to this section shall identify the agency of the state31721
that has the use and benefit of the real property as specified in31722
section 5301.012 of the Revised Code.31723

       (C)Whoever violates division (A)(14) of this section is31724
guilty of a minor misdemeanor.31725

       Sec. 4582.59.  Sections 4582.22 to 4582.994582.59 of the31726
Revised Code and division (C) of section 4582.06 of the Revised31727
Code being necessary for the welfare of the state and its31728
inhabitants shall be liberally construed to effect the purposes31729
thereof.31730

       Sec. 4583.01. (A) No person shall keep a ferry across a31731
stream running through or bounding on a county in this state,31732
without having obtained a license therefor from the court of31733
common pleas of such county.31734

       (B)Whoever violates this section shall be fined not more31735
than thirty dollars.31736

       Sec. 5120.032.  (A) No later than January 1, 1998, the31737
department of rehabilitation and correction shall develop and31738
implement intensive program prisons for male and female prisoners31739
other than prisoners described in division (B)(2) of this section.31740
The intensive program prisons shall include institutions at which31741
imprisonment of the type described in division (B)(2)(a) of31742
section 5120.031 of the Revised Code is provided and prisons that31743
focus on educational achievement, vocational training, alcohol and31744
other drug abuse treatment, community service and conservation31745
work, and other intensive regimens or combinations of intensive31746
regimens.31747

       (B)(1)(a) Except as provided in division (B)(2) of this31748
section, if the sentencing court determines that a prisoner is31749
eligible for placement in an intensive program prison under this31750
section and the sentencing court either recommends the offender31751
for placement in the intensive program prison or makes no31752
recommendation on placement of the prisoner, the department may31753
place the prisoner in an intensive program prison established31754
pursuant to division (A) of this section.31755

       If the sentencing court recommends a prisoner for placement31756
in an intensive program prison and the department subsequently31757
places the prisoner in the recommended prison, the department31758
shall notify the court of the prisoner's placement in the31759
recommended intensive program prison and shall include with the31760
notice a brief description of the placement.31761

       If the sentencing court approves placement of a prisoner in31762
an intensive program prison and the department does not31763
subsequently place the offender in the recommended prison, the31764
department shall send a notice to the court indicating why the31765
prisoner was not placed in the recommended prison.31766

       If the sentencing court does not make a recommendation on the31767
placement of an eligible prisoner in an intensive program prison,31768
the department shall screen the prisoner and determine if the31769
prisoner is suited for the prison. If the prisoner is suited for31770
the intensive program prison, at least three weeks prior to31771
placing the prisoner in the prison, the department shall notify31772
the sentencing court of the proposed placement of the prisoner in31773
the intensive program prison and shall include with the notice a31774
brief description of the placement. The court shall have ten days31775
from receipt of the notice to disapprove the placement. If the31776
sentencing court disapproves the placement, the department shall31777
not proceed with it. If the sentencing court does not timely31778
disapprove of the placement, the department may proceed with plans31779
for it.31780

       If the sentencing court determines that a prisoner is not31781
eligible for placement in an intensive program prison or if the31782
sentencing court disapproves placement of an offender in a prison31783
of that nature, the department of rehabilitation and correction31784
shall not place the prisoner in any intensive program prison.31785

       (b) The department may reduce the stated prison term of a31786
prisoner upon the prisoner's successful completion of a ninety-day31787
period in an intensive program prison. A prisoner whose term has31788
been so reduced shall be required to serve an intermediate,31789
transitional type of detention followed by a release under31790
post-release control sanctions or, in the alternative, shall be31791
placed under post-release control sanctions, as described in31792
division (B)(2)(b)(ii) of section 5120.031 of the Revised Code. In31793
either case, the placement under post-release control sanctions31794
shall be under terms set by the parole board in accordance with31795
section 2967.28 of the Revised Code and shall be subject to the31796
provisions of that section with respect to a violation of any31797
post-release control sanction.31798

       (2) A prisoner who is in any of the following categories is31799
not eligible to participate in an intensive program prison31800
established pursuant to division (A) of this section:31801

       (a) The prisoner is serving a prison term for aggravated31802
murder, murder, or a felony of the first or second degree or a31803
comparable offense under the law in effect prior to July 1, 1996,31804
or the prisoner previously has been imprisoned for aggravated31805
murder, murder, or a felony of the first or second degree or a31806
comparable offense under the law in effect prior to July 1, 1996.31807

       (b) The prisoner is serving a mandatory prison term, as31808
defined in section 2929.01 of the Revised Code.31809

       (c) The prisoner is serving a prison term for a felony of31810
the third, fourth, or fifth degree that either is a sex offense,31811
an offense betraying public trust, or an offense in which the31812
prisoner caused or attempted to cause actual physical harm to a31813
person, the prisoner is serving a prison term for a comparable31814
offense under the law in effect prior to July 1, 1996, or the31815
prisoner previously has been imprisoned for an offense of that31816
type or a comparable offence offense under the law in effect prior31817
to July 1, 1996.31818

       (d) The prisoner is serving a mandatory prison term in31819
prison for a third or fouth fourth degree felony OMVIOVI offense,31820
as defined in section 2929.01 of the Revised Code, that was31821
imposed pursuant to division (G)(2) of section 2929.13 of the31822
Revised Code.31823

       (C) Upon the implementation of intensive program prisons31824
pursuant to division (A) of this section, the department at all31825
times shall maintain intensive program prisons sufficient in31826
number to reduce the prison terms of at least three hundred fifty31827
prisoners who are eligible for reduction of their stated prison31828
terms as a result of their completion of a regimen in an intensive31829
program prison under this section.31830

       Sec. 5120.033.  (A) As used in this section, "third degree31831
felony OMVIOVI offense" and "fourth degree felony OMVIOVI31832
offense" have the same meanings as in section 2929.01 of the31833
Revised Code.31834

       (B) Within eighteen months after October 17, 1996, the31835
department of rehabilitation and correction shall develop and31836
implement intensive program prisons for male and female prisoners31837
who are sentenced pursuant to division (G)(2) of section 2929.1331838
of the Revised Code to a mandatory prison term for a third or31839
fourth degree felony OMVIOVI offense. The department shall31840
contract pursuant to section 9.06 of the Revised Code for the31841
private operation and management of the initial intensive program31842
prison established under this section and may contract pursuant to31843
that section for the private operation and management of any other31844
intensive program prison established under this section. The31845
intensive program prisons established under this section shall31846
include prisons that focus on educational achievement, vocational31847
training, alcohol and other drug abuse treatment, community31848
service and conservation work, and other intensive regimens or31849
combinations of intensive regimens.31850

       (C) Except as provided in division (D) of this section, the31851
department may place a prisoner who is sentenced to a mandatory31852
prison term for a third or fourth degree felony OMVIOVI offense31853
in an intensive program prison established pursuant to division31854
(B) of this section if the sentencing judge, upon notification by31855
the department of its intent to place the prisoner in an intensive31856
program prison, does not notify the department that the judge31857
disapproves the placement. If the stated prison term imposed on a31858
prisoner who is so placed is longer than the mandatory prison term31859
that is required to be imposed on the prisoner, the department may31860
reduce the stated prison term upon the prisoner's successful31861
completion of the prisoner's mandatory prison term in an intensive31862
program prison. A prisoner whose term has been so reduced shall31863
be required to serve an intermediate, transitional type of31864
detention followed by a release under post-release control31865
sanctions or, in the alternative, shall be placed under31866
post-release control sanctions, as described in division31867
(B)(2)(b)(ii) of section 5120.031 of the Revised Code. In either31868
case, the placement under post-release control sanctions shall be31869
under terms set by the parole board in accordance with section31870
2967.28 of the Revised Code and shall be subject to the provisions31871
of that section with respect to a violation of any post-release31872
control sanction. Upon the establishment of the initial intensive31873
program prison pursuant to division (B) of this section that is31874
privately operated and managed by a contractor pursuant to a31875
contract entered into under section 9.06 of the Revised Code, the31876
department shall comply with divisions (G)(2)(a) and (b) of31877
section 2929.13 of the Revised Code in placing prisoners in31878
intensive program prisons under this section.31879

       (D) A prisoner who is sentenced to a mandatory prison term31880
for a third or fourth degree felony OMVIOVI offense is not31881
eligible to participate in an intensive program prison established31882
under division (B) of this section if any of the following applies31883
regarding the prisoner:31884

       (1) In addition to the mandatory prison term for the third31885
or fourth degree felony OMVIOVI offense, the prisoner also is31886
serving a prison term of a type described in division (B)(2)(a),31887
(b), or (c) of section 5120.032 of the Revised Code.31888

       (2) The prisoner previously has been imprisoned for an31889
offense of a type described in division (B)(2)(a) or (c) of31890
section 5120.032 of the Revised Code or a comparable offense under31891
the law in effect prior to July 1, 1996.31892

       (E) Intensive program prisons established under division (B)31893
of this section are not subject to section 5120.032 of the Revised31894
Code.31895

       Sec. 5120.161.  (A) Except as provided in division (C) of31896
this section, the department of rehabilitation and correction may31897
enter into an agreement with any local authority operating a31898
county, multicounty, municipal, municipal-county, or31899
multicounty-municipal jail or workhouse, as described in section31900
307.93, 341.21, or 753.16 of the Revised Code, for the housing in31901
the jail or workhouse operated by the local authority of persons31902
who are convicted of or plead guilty to a felony of the fourth or31903
fifth degree if the person previously has not been convicted of or31904
pleaded guilty to a felony and if the felony is not an offense of31905
violence. The agreement shall specify a per diem fee that the31906
department shall pay the local authority for each such person31907
housed in the jail or workhouse pursuant to the agreement, shall31908
set forth any other terms and conditions for the housing of such31909
persons in the jail or workhouse, and shall indicate that the31910
department, subject to the relevant terms and conditions set31911
forth, may designate those persons to be housed at the jail or31912
workhouse.31913

       (B) A person designated by the department to be housed in a31914
county, multicounty, municipal, municipal-county, or31915
multicounty-municipal jail or workhouse that is the subject of an31916
agreement entered into under division (A) of this section shall be31917
conveyed by the department to that jail or workhouse and shall be31918
kept at the jail or workhouse until the person's term of31919
imprisonment expires, the person is pardoned, paroled, or placed31920
under a post-release control sanction, or the person is31921
transferred under the laws permitting the transfer of prisoners. 31922
The department shall pay the local authority that operates the31923
jail or workhouse the per diem fee specified in the agreement for31924
each such person housed in the jail or workhouse. Each such31925
person housed in the jail or workhouse shall be under the direct31926
supervision and control of the keeper, superintendent, or other31927
person in charge of the jail or workhouse, but shall be considered31928
for all other purposes to be within the custody of the department31929
of rehabilitation and correction. Section 2967.193 of the Revised31930
Code and all other provisions of the Revised Code that pertain to31931
persons within the custody of the department that would not by31932
their nature clearly be inapplicable apply to persons housed31933
pursuant to this section.31934

       (C) The department of rehabilitation and correction shall31935
not enter into an agreement pursuant to division (A) of this31936
section with any local authority unless the jail or workhouse31937
operated by the authority complies with the Minimum Standards for31938
Jails in Ohio.31939

       (D) A court that sentences a person for a felony may include31940
as the sentence or part of the sentence, in accordance with31941
division (A) of section 2929.16 of the Revised Code and regardless31942
of whether the jail or workhouse is the subject of an agreement31943
entered into under division (A) of this section, a sanction that31944
consists of a term of up to six months in a jail or workhouse or,31945
if the offense is a fourth degree felony OMVIOVI offense and the31946
offender is sentenced under division (G)(1) of section 2929.13 of31947
the Revised Code, a sanction that consists of a term of up to one31948
year in jail less the mandatory term of local incarceration of31949
sixty or one hundred twenty consecutive days imposed pursuant to31950
division (G)(1) of section 2929.13 of the Revised Code.31951

       (E) "Fourth degree felony OMVIOVI offense" and "mandatory31952
term of local incarceration" have the same meanings as in section31953
2929.01 of the Revised Code.31954

       Sec. 5503.22.  Driver's license examiners assigned to the31955
driver's license examination section shall conduct all31956
examinations for driver's licenses as required by sections 4507.0131957
to 4507.38, inclusive,4507.36 of the Revised Code, subject to the31958
regulations issued by the registrar of motor vehicles.31959

       Sec. 5743.99.  (A) Whoever violates section 5743.10,31960
5743.11, or 5743.12 or division (C) of section 5743.54 of the31961
Revised Code is guilty of a misdemeanor of the first degree. If31962
the offender has been previously convicted of an offense under31963
this division, violation is a felony of the fourth degree.31964

       (B) Whoever violates section 5743.111, 5743.112, 5743.13,31965
5743.14, 5743.59, or 5743.60 of the Revised Code is guilty of a31966
felony of the fourth degree. If the offender has been previously31967
convicted of an offense under this division, violation is a felony31968
of the second degree.31969

       (C) Whoever violates section 5743.41 or 5743.42 of the31970
Revised Code is guilty of a misdemeanor of the fourth degree. If31971
the offender has been previously convicted of an offense under31972
this division, violation is a misdemeanor of the third degree.31973

       (D) Whoever violates section 5743.21 of the Revised Code is31974
guilty of a misdemeanor of the first degree. If the offender has31975
been previously convicted of an offense under this division,31976
violation is a felony of the fifth degree.31977

       (E) Whoever violates any provision of this chapter, or any31978
rule promulgated by the tax commissioner under authority of this31979
chapter, for the violation of which no penalty is provided31980
elsewhere, is guilty of a misdemeanor of the fourth degree.31981

       (F) In addition to any other penalty imposed upon a person31982
convicted of a violation of section 5743.112 or 5743.60 of the31983
Revised Code who was the operator of a motor vehicle used in the31984
violation, the registrar of motor vehiclescourt shall suspend any31985
for not less than thirty days or more than three years the31986
offender's driver's orlicense, commercial driver's license issued31987
to the offender, temporary instruction permit, probationary31988
license, or nonresident operating privilege. The court shall send31989
a copy of its suspension order and determination to the registrar31990
of motor vehicles, and the registrar, pursuant to the order and31991
determination of the trial judge of any court of record as31992
provided in section 4507.16 of the Revised Code,shall impose a31993
suspension of the same duration. No judge shall suspend the first31994
thirty days of suspension of an offender's license, permit, or31995
privilege required by this division.31996

       Section 2.  That existing sections 9.981, 119.062, 733.40,31997
1547.11, 1547.111, 1547.99, 1901.024, 1901.31, 1905.01, 1905.201,31998
1907.20, 2151.354, 2152.19, 2152.21, 2743.191, 2743.51, 2743.52,31999
2903.04, 2903.06, 2903.08, 2907.24, 2919.22, 2921.331, 2923.01,32000
2923.122, 2925.01, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,32001
2925.11, 2925.12, 2925.13, 2925.14, 2925.22, 2925.23, 2925.31,32002
2925.32, 2925.36, 2925.37, 2925.38, 2929.01, 2929.13, 2929.14,32003
2929.15, 2929.16, 2929.17, 2929.18, 2929.19, 2929.23, 2929.41,32004
2935.03, 2935.27, 2937.221, 2937.222, 2937.46, 2937.99, 2951.02,32005
2953.31, 2953.36, 3123.55, 3123.58, 3123.59, 3123.613, 3123.614,32006
3327.10, 3793.02, 3793.10, 3937.31, 4301.99, 4501.01, 4501.022,32007
4501.17, 4501.19, 4501.25, 4503.033, 4503.05, 4503.061, 4503.066,32008
4503.10, 4503.102, 4503.11, 4503.12, 4503.182, 4503.19, 4503.21,32009
4503.231, 4503.233, 4503.234, 4503.236, 4503.28, 4503.30,32010
4503.301, 4503.32, 4503.34, 4503.39, 4503.44, 4503.46, 4503.47,32011
4503.471, 4505.101, 4505.102, 4505.11, 4505.111, 4505.15, 4505.17,32012
4505.18, 4505.19, 4505.20, 4505.21, 4505.99, 4506.01, 4506.02,32013
4506.03, 4506.04, 4506.05, 4506.06, 4506.10, 4506.11, 4506.12,32014
4506.14, 4506.15, 4506.16, 4506.17, 4506.18, 4506.19, 4506.20,32015
4506.99, 4507.02, 4507.022, 4507.023, 4507.05, 4507.06, 4507.061,32016
4507.071, 4507.08, 4507.081, 4507.111, 4507.12, 4507.13, 4507.14,32017
4507.15, 4507.16, 4507.161, 4507.162, 4507.163, 4507.164,32018
4507.167, 4507.168, 4507.169, 4507.1610, 4507.1611, 4507.1613,32019
4507.17, 4507.19, 4507.20, 4507.21, 4507.25, 4507.26, 4507.27,32020
4507.28, 4507.29, 4507.30, 4507.31, 4507.321, 4507.33, 4507.34,32021
4507.35, 4507.36, 4507.361, 4507.38, 4507.45, 4507.50, 4507.52,32022
4507.54, 4507.55, 4507.60, 4507.61, 4507.62, 4507.63, 4507.99,32023
4508.03, 4508.04, 4508.06, 4509.02, 4509.101, 4509.17, 4509.24,32024
4509.291, 4509.33, 4509.34, 4509.35, 4509.37, 4509.40, 4509.42,32025
4509.45, 4509.74, 4509.77, 4509.78, 4509.79, 4509.80, 4509.81,32026
4511.01, 4511.03, 4511.051, 4511.11, 4511.12, 4511.132, 4511.16,32027
4511.17, 4511.18, 4511.19, 4511.191, 4511.192, 4511.193, 4511.195,32028
4511.196, 4511.20, 4511.201, 4511.202, 4511.21, 4511.211,32029
4511.213, 4511.22, 4511.23, 4511.25, 4511.251, 4511.26, 4511.27,32030
4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34,32031
4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41,32032
4511.42, 4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.45,32033
4511.451, 4511.452, 4511.46, 4511.47, 4511.48, 4511.481, 4511.49,32034
4511.50, 4511.51, 4511.511, 4511.521, 4511.53, 4511.54, 4511.55,32035
4511.56, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.62,32036
4511.63, 4511.64, 4511.66, 4511.661, 4511.68, 4511.681, 4511.69,32037
4511.70, 4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72,32038
4511.73, 4511.74, 4511.75, 4511.751, 4511.76, 4511.761, 4511.762,32039
4511.763, 4511.764, 4511.77, 4511.771, 4511.772, 4511.78, 4511.79,32040
4511.81, 4511.82, 4511.84, 4511.85, 4511.95, 4511.951, 4511.99,32041
4513.02, 4513.021, 4513.022, 4513.03, 4513.04, 4513.05, 4513.06,32042
4513.07, 4513.071, 4513.09, 4513.10, 4513.11, 4513.111, 4513.12,32043
4513.13, 4513.14, 4513.15, 4513.16, 4513.17, 4513.171, 4513.18,32044
4513.182, 4513.19, 4513.20, 4513.201, 4513.202, 4513.21, 4513.22,32045
4513.23, 4513.24, 4513.241, 4513.242, 4513.25, 4513.26, 4513.261,32046
4513.262, 4513.263, 4513.27, 4513.28, 4513.29, 4513.30, 4513.31,32047
4513.32, 4513.34, 4513.36, 4513.361, 4513.51, 4513.60, 4513.64,32048
4513.65, 4513.99, 4517.02, 4517.03, 4517.19, 4517.20, 4517.21,32049
4517.22, 4517.23, 4517.24, 4517.25, 4517.26, 4517.27, 4517.40,32050
4517.41, 4517.42, 4517.43, 4517.44, 4517.45, 4517.64, 4517.99,32051
4519.02, 4519.05, 4519.06, 4519.20, 4519.22, 4519.40, 4519.41,32052
4519.44, 4519.45, 4519.52, 4519.66, 4519.67, 4549.01, 4549.02,32053
4549.021, 4549.03, 4549.042, 4549.08, 4549.10, 4549.11, 4549.12,32054
4549.18, 4549.42, 4549.43, 4549.44, 4549.45, 4549.451, 4549.46,32055
4549.62, 4551.04, 4561.11, 4561.12, 4561.14, 4561.15, 4561.22,32056
4561.24, 4561.31, 4561.99, 4563.09, 4563.10, 4563.20, 4582.06,32057
4582.31, 4582.59, 4583.01, 5120.032, 5120.033, 5120.161, 5503.22,32058
and 5743.99 and sections 3123.611, 4503.235, 4503.99, 4507.012,32059
4507.021, 4507.165, 4507.166, 4507.18, 4508.99, 4509.105, 4509.31,32060
4509.32, 4509.99, 4511.83, 4511.991, 4519.99, 4549.99, 4551.99,32061
4563.99, 4582.99, and 4583.99 of the Revised Code are hereby32062
repealed.32063

       Section 3.  The General Assembly hereby recommends to the32064
Supreme Court that it amend the Ohio Traffic Rules that have been32065
adopted under authority of section 2937.46 of the Revised Code to32066
provide procedures to govern felony violations of section 4511.1932067
of the Revised Code.32068

       Section 4.  Sections 1 and 2 of this act shall take effect on32069
January 1, 2004.32070

       Section 5.  Notwithstanding division (B) of section 1.58 of32071
the Revised Code, the provisions of the Revised Code amended or32072
enacted in Sections 1 and 2 of this act shall apply only in32073
relation to conduct and offenses committed on or after January 1,32074
2004. Conduct and offenses committed prior to January 1, 2004,32075
shall be governed by the law in effect on the date the conduct or32076
offense was committed.32077

       Section 6. From any amount appropriated to the Attorney32078
General specifically for this purpose or from any other funds32079
available to the Attorney General that could be used for this32080
purpose, the Attorney General shall develop, print, and32081
distribute, in conjunction with the Ohio Department of Public32082
Safety and the Ohio Criminal Sentencing Commission, training32083
materials for the Ohio Department of Public Safety, law32084
enforcement, and other appropriate persons for the implementation32085
of this act.32086

       Section 7. (A) If, on or after March 31, 1999, a person32087
filed an application in a court that requested the sealing of a32088
conviction record under sections 2953.31 to 2953.36 of the Revised32089
Code, if at the time the application was filed section 2953.36 did32090
not make sections 2953.31 to 2953.35 of the Revised Code32091
inapplicable to the conviction that was the subject of the32092
application, if the person withdrew the application prior to March32093
31, 2001, and if the person refiles an application in the32094
appropriate court within ninety days after the effective date of32095
this section that requests the sealing of the same conviction32096
record under sections 2953.31 to 2953.36 of the Revised Code, all32097
of the following apply:32098

       (1) Divisions (C), (D), and (E) of section 2953.36 of the32099
Revised Code, as they have existed since March 23, 2000, do not32100
apply regarding the application or the determination of whether it32101
should be accepted or granted, and the court may accept and grant32102
the application regardless of whether the conviction that is the32103
subject of the application is a conviction to which any of those32104
divisions, but for the operation of this division, makes sections32105
2953.31 to 2953.35 of the Revised Code inapplicable.32106

       (2) Except as provided in division (A)(1) of this section,32107
the provisions of sections 2953.31 to 2953.36 of the Revised Code32108
that are in effect at the time of the refiling of the application32109
apply regarding the application and the determination of whether32110
it should be granted.32111

       (B) This section shall expire one year after this act32112
becomes law.32113

       Section 8. Section 2923.01 of the Revised Code is presented32114
in this act as a composite of the section as amended by both Sub.32115
H.B. 125 and Am. Sub. S.B. 269 of the 121st General Assembly.32116
Section 2925.03 of the Revised Code is presented in this act as a32117
composite of the section as amended by both Am. H.B. 528 and Am.32118
Sub. S.B. 107 of the 123rd General Assembly. Section 2929.01 of32119
the Revised Code is presented in this act as a composite of the32120
section as amended by Am. Sub. H.B. 349, Am. Sub. S.B. 179, and32121
Am. Sub. S.B. 222 of the 123rd General Assembly. Section 2929.1332122
of the Revised Code is presented in this act as a composite of the32123
section as amended by Am. H.B. 528, Am. Sub. S.B. 22, Am. Sub.32124
S.B. 107, Am. S.B. 142, and Am. Sub. S.B. 222 of the 123rd General32125
Assembly. Sections 2929.15 and 2929.19 of the Revised Code are32126
presented in this act as a composite of the section as amended by32127
Am. Sub. H.B. 349, Am. Sub. S.B. 22, and Am. Sub. S.B. 107 of the32128
123rd General Assembly. Section 2929.17 of the Revised Code is32129
presented in this act as a composite of the section as amended by32130
Am. Sub. H.B. 349, Am. S.B. 9, Am. Sub. S.B. 22, and Am. Sub. S.B.32131
107 of the 123rd General Assembly. Section 2929.18 of the Revised32132
Code is presented in this act as a composite of the section as32133
amended by Am. H.B. 528, Am. Sub. S.B. 22, and Am. Sub. S.B. 10732134
of the 123rd General Assembly. Sections 2929.41 and 5120.032 of32135
the Revised Code are presented in this act as a composite of the32136
section as amended by both Am. Sub. S.B. 22 and Am. Sub. S.B. 10732137
of the 123rd General Assembly. Section 2937.222 of the Revised32138
Code is presented in this act as a composite of the section as32139
amended by both Am. Sub. H.B. 137 and Am. Sub. S.B. 22 of the32140
123rd General Assembly. Section 4503.10 of the Revised Code is32141
presented in this act as a composite of the section as amended by32142
Am. Sub. H.B. 94, S.B. 31, and Sub. S.B. 59, all of the 124th32143
General Assembly. Sections 4503.233 and 4507.164 of the Revised32144
Code are presented in this act as a composite of the sections as32145
amended by Am. H.B. 80, Am. Sub. S.B. 22 and Am. Sub. S.B. 107 of32146
the 123rd General Assembly. Section 4503.234 of the Revised Code32147
is presented in this act as a composite of the section as amended32148
by both Am. Sub. H.B. 353 and Am. Sub. H.B. 676 of the 121st32149
General Assembly. Section 4507.38 of the Revised Code, renumbered32150
as section 4510.41 of the Revised Code, is presented in this act32151
as a composite of the section as amended by both Am. Sub. H.B. 35332152
and Am. Sub. H.B. 676 of the 121st General Assembly. Section32153
4511.193 of the Revised Code is presented in this act as a32154
composite of the section as amended by both Am. H.B. 80 and Am.32155
Sub. S.B. 107 of the 123rd General Assembly. Section 4513.99 of32156
the Revised Code is presented in this act as a composite of the32157
section as amended by both Am. Sub. H.B. 138 and Am. Sub. H.B. 60032158
of the 123rd General Assembly. Sections 4582.06 and 4582.31 of32159
the Revised Code are presented in this act as a composite of the32160
sections as amended by both Sub. H.B. 19 and Am. S.B. 137 of the32161
123rd General Assembly. The General Assembly, applying the32162
principle stated in division (B) of section 1.52 of the Revised32163
Code that amendments are to be harmonized if reasonably capable of32164
simultaneous operation, finds that the composites are the32165
resulting versions of the sections in effect prior to the32166
effective date of the sections as presented in this act.32167