As 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, 3327.10, 3793.02, 3793.10, 3937.31,14
4301.99, 4501.01, 4501.022, 4501.17, 4501.19,15
4501.25, 4503.033, 4503.05, 4503.061, 4503.066,16
4503.10, 4503.102, 4503.11, 4503.12, 4503.182,17
4503.19, 4503.21, 4503.231, 4503.233, 4503.234,18
4503.236, 4503.28, 4503.30, 4503.301, 4503.32,19
4503.34, 4503.39, 4503.44, 4503.46, 4503.47,20
4503.471, 4505.101, 4505.102, 4505.11, 4505.111,21
4505.15, 4505.17, 4505.18, 4505.181, 4505.19,22
4505.20, 4505.21, 4505.99, 4506.01, 4506.02,23
4506.03, 4506.04, 4506.05, 4506.06, 4506.10,24
4506.11, 4506.12, 4506.14, 4506.15, 4506.16,25
4506.17, 4506.18, 4506.19, 4506.20, 4506.99,26
4507.02, 4507.022, 4507.023, 4507.05, 4507.06,27
4507.061, 4507.071, 4507.08, 4507.081, 4507.111,28
4507.12, 4507.13, 4507.14, 4507.15, 4507.16,29
4507.161, 4507.162, 4507.163, 4507.164, 4507.167,30
4507.168, 4507.169, 4507.1610, 4507.1611,31
4507.1613, 4507.17, 4507.19, 4507.20, 4507.21,32
4507.25, 4507.27, 4507.28, 4507.29, 4507.30,33
4507.31, 4507.321, 4507.33, 4507.34, 4507.35,34
4507.36, 4507.361, 4507.38, 4507.45, 4507.50,35
4507.52, 4507.54, 4507.55, 4507.61, 4507.62,36
4507.63, 4507.99, 4508.03, 4508.04, 4508.06,37
4509.02, 4509.101, 4509.17, 4509.24, 4509.291,38
4509.33, 4509.34, 4509.35, 4509.37, 4509.40,39
4509.42, 4509.45, 4509.74, 4509.77, 4509.78,40
4509.79, 4509.80, 4509.81, 4511.01, 4511.03,41
4511.051, 4511.11, 4511.12, 4511.132, 4511.16,42
4511.17, 4511.18, 4511.19, 4511.191, 4511.192,43
4511.193, 4511.195, 4511.196, 4511.20, 4511.201,44
4511.202, 4511.21, 4511.211, 4511.213, 4511.22,45
4511.23, 4511.25, 4511.251, 4511.26, 4511.27,46
4511.28, 4511.29, 4511.30, 4511.31, 4511.32,47
4511.33, 4511.34, 4511.35, 4511.36, 4511.37,48
4511.38, 4511.39, 4511.40, 4511.41, 4511.42,49
4511.43, 4511.431, 4511.432, 4511.44, 4511.441,50
4511.45, 4511.451, 4511.452, 4511.46, 4511.47,51
4511.48, 4511.481, 4511.49, 4511.50, 4511.51,52
4511.511, 4511.521, 4511.53, 4511.54, 4511.55,53
4511.56, 4511.57, 4511.58, 4511.59, 4511.60,54
4511.61, 4511.62, 4511.63, 4511.64, 4511.66,55
4511.661, 4511.68, 4511.681, 4511.69, 4511.70,56
4511.701, 4511.71, 4511.711, 4511.712, 4511.713,57
4511.72, 4511.73, 4511.74, 4511.75, 4511.751,58
4511.76, 4511.761, 4511.762, 4511.763, 4511.764,59
4511.77, 4511.771, 4511.772, 4511.78, 4511.79,60
4511.81, 4511.82, 4511.84, 4511.85, 4511.951,61
4511.99, 4513.02, 4513.021, 4513.022, 4513.03,62
4513.04, 4513.05, 4513.06, 4513.07, 4513.071,63
4513.09, 4513.10, 4513.11, 4513.111, 4513.12,64
4513.13, 4513.14, 4513.15, 4513.16, 4513.17,65
4513.171, 4513.18, 4513.182, 4513.19, 4513.20,66
4513.201, 4513.202, 4513.21, 4513.22, 4513.23,67
4513.24, 4513.241, 4513.242, 4513.25, 4513.26,68
4513.261, 4513.262, 4513.263, 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 (4501.35), 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, 4513.263, 4519.99,108
4549.99, 4551.99, 4563.99, 4582.99, and 4583.99 of109
the Revised Code to adopt, effective January 1,110
2003, the Ohio Criminal Sentencing Commission's111
Traffic Proposals, with modifications, and related112
changes in the traffic laws, and to make an113
appropriation.114


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

       Section 1.  That sections 9.981, 119.062, 733.40, 1547.11,115
1547.111, 1547.99, 1901.024, 1901.31, 1905.01, 1905.201, 1907.20,116
2151.354, 2152.19, 2152.21, 2743.191, 2743.51, 2743.52, 2903.04,117
2903.06, 2903.08, 2907.24, 2919.22, 2921.331, 2923.01, 2923.122,118
2925.01, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11,119
2925.12, 2925.13, 2925.14, 2925.22, 2925.23, 2925.31, 2925.32,120
2925.36, 2925.37, 2925.38, 2929.01, 2929.13, 2929.14, 2929.15,121
2929.16, 2929.17, 2929.18, 2929.19, 2929.23, 2929.41, 2935.03,122
2935.27, 2937.221, 2937.222, 2937.46, 2937.99, 2951.02, 2953.31,123
2953.36, 3123.55, 3123.58, 3123.59, 3123.613, 3327.10, 3793.02,124
3793.10, 3937.31, 4301.99, 4501.01, 4501.022, 4501.17, 4501.19,125
4501.25, 4503.033, 4503.05, 4503.061, 4503.066, 4503.10, 4503.102,126
4503.11, 4503.12, 4503.182, 4503.19, 4503.21, 4503.231, 4503.233,127
4503.234, 4503.236, 4503.28, 4503.30, 4503.301, 4503.32, 4503.34,128
4503.39, 4503.44, 4503.46, 4503.47, 4503.471, 4505.101, 4505.102,129
4505.11, 4505.111, 4505.15, 4505.17, 4505.18, 4505.181, 4505.19,130
4505.20, 4505.21, 4505.99, 4506.01, 4506.02, 4506.03, 4506.04,131
4506.05, 4506.06, 4506.10, 4506.11, 4506.12, 4506.14, 4506.15,132
4506.16, 4506.17, 4506.18, 4506.19, 4506.20, 4506.99, 4507.02,133
4507.022, 4507.023, 4507.05, 4507.06, 4507.061, 4507.071, 4507.08,134
4507.081, 4507.111, 4507.12, 4507.13, 4507.14, 4507.15, 4507.16,135
4507.161, 4507.162, 4507.163, 4507.164, 4507.167, 4507.168,136
4507.169, 4507.1610, 4507.1611, 4507.1613, 4507.17, 4507.19,137
4507.20, 4507.21, 4507.25, 4507.27, 4507.28, 4507.29, 4507.30,138
4507.31, 4507.321, 4507.33, 4507.34, 4507.35, 4507.36, 4507.361,139
4507.38, 4507.45, 4507.50, 4507.52, 4507.54, 4507.55, 4507.61,140
4507.62, 4507.63, 4507.99, 4508.03, 4508.04, 4508.06, 4509.02,141
4509.101, 4509.17, 4509.24, 4509.291, 4509.33, 4509.34, 4509.35,142
4509.37, 4509.40, 4509.42, 4509.45, 4509.74, 4509.77, 4509.78,143
4509.79, 4509.80, 4509.81, 4511.01, 4511.03, 4511.051, 4511.11,144
4511.12, 4511.132, 4511.16, 4511.17, 4511.18, 4511.19, 4511.191,145
4511.192, 4511.193, 4511.195, 4511.196, 4511.20, 4511.201,146
4511.202, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23, 4511.25,147
4511.251, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31,148
4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38,149
4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.432,150
4511.44, 4511.441, 4511.45, 4511.451, 4511.452, 4511.46, 4511.47,151
4511.48, 4511.481, 4511.49, 4511.50, 4511.51, 4511.511, 4511.521,152
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,153
4511.60, 4511.61, 4511.62, 4511.63, 4511.64, 4511.66, 4511.661,154
4511.68, 4511.681, 4511.69, 4511.70, 4511.701, 4511.71, 4511.711,155
4511.712, 4511.713, 4511.72, 4511.73, 4511.74, 4511.75, 4511.751,156
4511.76, 4511.761, 4511.762, 4511.763, 4511.764, 4511.77,157
4511.771, 4511.772, 4511.78, 4511.79, 4511.81, 4511.82, 4511.84,158
4511.85, 4511.951, 4511.99, 4513.02, 4513.021, 4513.022, 4513.03,159
4513.04, 4513.05, 4513.06, 4513.07, 4513.071, 4513.09, 4513.10,160
4513.11, 4513.111, 4513.12, 4513.13, 4513.14, 4513.15, 4513.16,161
4513.17, 4513.171, 4513.18, 4513.182, 4513.19, 4513.20, 4513.201,162
4513.202, 4513.21, 4513.22, 4513.23, 4513.24, 4513.241, 4513.242,163
4513.25, 4513.26, 4513.261, 4513.262, 4513.263, 4513.27, 4513.28,164
4513.29, 4513.30, 4513.31, 4513.32, 4513.34, 4513.36, 4513.361,165
4513.51, 4513.60, 4513.64, 4513.65, 4513.99, 4517.02, 4517.03,166
4517.19, 4517.20, 4517.21, 4517.22, 4517.23, 4517.24, 4517.25,167
4517.26, 4517.27, 4517.40, 4517.41, 4517.42, 4517.43, 4517.44,168
4517.45, 4517.64, 4517.99, 4519.02, 4519.05, 4519.06, 4519.20,169
4519.22, 4519.40, 4519.41, 4519.44, 4519.45, 4519.52, 4519.66,170
4519.67, 4549.01, 4549.02, 4549.021, 4549.03, 4549.042, 4549.08,171
4549.10, 4549.11, 4549.12, 4549.18, 4549.42, 4549.43, 4549.44,172
4549.45, 4549.451, 4549.46, 4549.62, 4551.04, 4561.11, 4561.12,173
4561.14, 4561.15, 4561.22, 4561.24, 4561.31, 4561.99, 4563.09,174
4563.10, 4563.20, 4582.06, 4582.31, 4582.59, 4583.01, 5120.032,175
5120.033, 5120.161, 5503.22, and 5743.99 be amended; sections176
4507.022 (4510.038), 4507.061 (4510.32), 4507.161 (4510.23),177
4507.162 (4510.31), 4507.163 (4510.33), 4507.167 (4510.34),178
4507.168 (4510.22), 4507.169 (4510.17), 4507.1610 (4510.06),179
4507.1611 (4510.05), 4507.1613 (4510.07), 4507.25 (4501.34),180
4507.26 (4501.35), 4507.27 (4501.36), 4507.28 (4501.37), 4507.29181
(4501.38), 4507.33 (4511.203), 4507.34 (4510.15), 4507.361182
(4510.161), 4507.38 (4510.41), 4507.54 (4510.52), 4507.55183
(4510.53), 4507.60 (4510.61), 4507.61 (4510.62), 4507.62184
(4510.63), 4507.63 (4510.64), 4511.95 (4510.71), and 4511.951185
(4510.72) be amended for the purpose of adopting new section186
numbers as indicated in parentheses; and sections 4508.09,187
4510.01, 4510.02, 4510.021, 4510.03, 4510.031, 4510.032, 4510.034,188
4510.035, 4510.036, 4510.037, 4510.04, 4510.10, 4510.11, 4510.12,189
4510.13, 4510.14, 4510.16, 4510.21, 4510.311, 4510.43, 4510.44,190
4510.54, 4511.181, 4511.194, 4511.197, and 4549.52 of the Revised191
Code be enacted to read as follows:192

       Sec. 9.981.  (A) Sections 9.98 to 9.983 of the Revised Code193
are applicable to bonds:194

       (1) The payment of the debt service on which is to be195
provided for directly or indirectly by payments contracted to be196
made in the bond proceedings by the absolute obligors, being197
persons other than the issuer; and198

       (2) Which are authorized to be issued under sections 122.39199
to 122.62, Chapter 165., 902., 3377., 3706., division (D)(A)(4) of200
section 4582.06, division (H)(A)(8) of section 4582.31, section201
4582.48, or Chapter 6121. or 6123. of the Revised Code,202
notwithstanding other provisions therein.203

       (B) Sections 9.98 to 9.983 of the Revised Code are204
applicable to bonds issued under Chapters 140., 152., 154., 175.,205
and 349. of the Revised Code, and to any bonds authorized under206
laws which expressly make those sections applicable.207

       (C) Subject to division (A) of this section, the authority208
provided in sections 9.98 to 9.983 of the Revised Code is209
supplemental to and not in derogation of any similar authority210
provided by, derived from, or implied by, any law, the Ohio211
Constitution, or any charter, resolution, or ordinance, and no212
inference shall be drawn to negate the authority thereunder by213
reason of the express provisions of sections 9.98 to 9.983 of the214
Revised Code.215

       (D) Sections 9.98 to 9.983 of the Revised Code shall be216
liberally construed to permit flexibility in the arrangements217
therein provided to enhance the issuance of such bonds and provide218
for terms most beneficial and satisfactory to the persons which219
undertake to provide for their payment, security, and liquidity.220

       Sec. 119.062.  (A) Notwithstanding section 119.06 of the221
Revised Code, the registrar of motor vehicles is not required to222
hold any hearing in connection with an order revokingcanceling or223
suspending a motor vehicle driver's or commercial driver's license224
pursuant to section 4507.16, 4509.24, 4509.291, 4509.31, 4509.33,225
4509.37, 4509.39, 4509.42, 4509.66, 4511.191, or 4511.1962903.06,226
2903.08, 2907.24, 2921.331, 4549.02, 4549.021,or5743.99or any227
provision of Chapter 2925., 4509., 4510., or4511. of the Revised228
Code or in connection with an out-of-service order issued under229
Chapter 4506. of the Revised Code.230

       (B) Notwithstanding section 119.07 of the Revised Code, the231
registrar is not required to use registered mail, return receipt232
requested, in connection with an order revokingcanceling or233
suspending a motor vehicle driver's or commercial driver's234
license, or a notification to a person to surrender a certificate235
of registration and registration plates.236

       Sec. 733.40.  Except as otherwise provided in section237
4511.193 of the Revised Code, all fines, forfeitures, and costs in238
ordinance cases and all fees that are collected by the mayor, or239
whichthat in any manner come into histhe mayor's hands, or which240
that are due suchthe mayor or a marshal, chief of police, or241
other officer of the municipal corporation, any other fees and242
expenses whichthat have been advanced out of the treasury of the243
municipal corporation, and all money received by suchthe mayor244
for the use of suchthe municipal corporation, shall be paid by245
himthe mayor into suchthe treasury of the municipal corporation246
on the first Monday of each month. At the first regular meeting247
of the legislative authority each month, the mayor shall submit a248
full statement of all money received, from whom and for what249
purposes received, and when paid into the treasury. Except as250
otherwise provided by sections 3375.50 to 3375.52 or 4511.99251
4511.19 of the Revised Code, all fines, and forfeitures collected252
by the mayor in state cases, together with all fees and expenses253
collected whichthat have been advanced out of the county254
treasury, shall be paid by himthe mayor to the county treasury on255
the first business day of each month. Except as otherwise256
provided by sections 3375.50 to 3375.52 or 4511.994511.19 of the257
Revised Code, the mayor shall pay all court costs and fees258
collected by the mayor in state cases shall be paid by him into259
the municipal treasury on the first business day of each month.260

       This section does not apply to fines collected by a mayor's261
court for violations of division (B) of section 4513.263 of the262
Revised Code, or for violations of any municipal ordinance that is263
substantively comparable to that division, all of which shall be264
forwarded to the treasurer of state as provided in division (E) of265
section 4513.263 of the Revised Code.266

       Sec. 1547.11.  (A) No person shall operate or be in physical267
control of any vessel underway or shall manipulate any water skis,268
aquaplane, or similar device on the waters in this state if,at269
the time of the operation, control, or manipulation, any of the270
following applies:271

       (1) The person is under the influence of alcohol or, a drug272
of abuse, or the combined influence of alcohol and a drug of273
abuse;a combination of them.274

       (2) The person has a concentration of ten-hundredths of one275
per cent or more by weight of alcohol per unit volume in the276
person's whole blood;.277

       (3) The person has a concentration of twelve-hundredths of278
one per cent or more by weight per unit volume of alcohol in the279
person's blood serum or plasma.280

       (4) The person has a concentration of fourteen-hundredths of281
one gram or more by weight of alcohol per one hundred milliliters282
of the person's urine;.283

       (4)(5) The person has a concentration of ten-hundredths of284
one gram or more by weight of alcohol per two hundred ten liters285
of the person's breath.286

       (B) No person under twenty-one years of age shall operate or287
be in physical control of any vessel underway or shall manipulate288
any water skis, aquaplane, or similar device on the waters in this289
state if,at the time of the operation, control, or manipulation,290
any of the following applies:291

       (1) The person has a concentration of at least292
two-hundredths of one per cent, but less than ten-hundredths of293
one per cent by weight per unit volume of alcohol in the person's294
whole blood;.295

       (2) The person has a concentration of at least296
three-hundredths of one per cent but less than twelve-hundredths297
of one per cent by weight per unit volume of alcohol in the298
person's blood serum or plasma.299

       (3) The person has a concentration of at least twenty-eight300
one-thousandths of one gram, but less than fourteen-hundredths of301
one gram by weight of alcohol per one hundred milliliters of the302
person's urine;.303

       (3)(4) The person has a concentration of at least304
two-hundredths of one gram, but less than ten-hundredths of one305
gram by weight of alcohol per two hundred ten liters of the306
person's breath.307

       (C) In any proceeding arising out of one incident, a person308
may be charged with a violation of division (A)(1) and a violation309
of division (B)(1), (2), or (3),or(4) of this section, but the310
person shall not be convicted of more than one violation of those311
divisions.312

       (D)(1) In any criminal prosecution or juvenile court313
proceeding for a violation of this section or of an ordinance of314
any municipal corporation relating to operating a vessel or using315
any water skis, aquaplane, or similar device while under the316
influence of alcohol or a drug of abusefor an equivalent317
violation, the court may admit evidence on the concentration of318
alcohol or a drug,drugs of abuse,or a combination of them in the319
defendant's or child's whole blood, blood serum or plasma, urine,320
or breath at the time of the alleged violation as shown by321
chemical analysis of the defendant's blood, urine, or breath322
substance withdrawn, or specimen taken within two hours of the323
time of the alleged violation.324

       When a person submits to a blood test, only a physician, a325
registered nurse, or a qualified technician or, chemist,or326
phlebotomist shall withdraw blood for the purpose of determining327
itsthe alcohol or, drug of abuse,or alcohol and drug content of328
the whole blood, blood serum, or blood plasma. This limitation329
does not apply to the taking of breath or urine specimens. A330
physician, registered nurse, or qualified technician or chemist331
person authorized to withdraw blood under this division may refuse332
to withdraw blood for the purpose of determining its alcohol or333
drug of abuse contentunder this division if, in thethat person's334
opinion of the physician, nurse, or technician or chemist, the335
physical welfare of the persondefendant or child would be336
endangered by the withdrawing of blood.337

       The whole blood, blood serum or plasma, urine, or breath338
shall be analyzed in accordance with methods approved by the339
director of health by an individual possessing a valid permit340
issued by the director pursuant to section 3701.143 of the Revised341
Code.342

       If(2)In a criminal prosecution or juvenile court proceeding343
for a violation of division (A) of this section or for a violation344
of a prohibition that is substantially equivalent to division (A)345
of this section, if there was at the time the whole blood, blood346
serum or plasma, urine, or breath was taken a concentration of347
less than ten-hundredths of one per cent by weight of alcohol in348
the defendant's blood, less than fourteen-hundredths of one gram349
by weight of alcohol per one hundred milliters of the defendant's350
urine, or less than ten-hundredths of one gram by weight of351
alcohol per two hundred ten liters of the defendant's breaththe352
applicable concentration of alcohol specified for a violation of353
division (A)(2), (3), (4), or (5) of this section, that fact may354
be considered with other competent evidence in determining the355
guilt or innocence of the defendant or in making an adjudication356
for the child. This division does not limit or affect a criminal357
prosecution or juvenile court proceeding for a violation of358
division (B) of this section or for a violation of a prohibition359
that is substantially equivalent to that division.360

       (3) Upon the request of the person who was tested, the361
results of the chemical test shall be made available to the person362
or the person's attorney or agent immediately upon the completion363
of the test analysis.364

       The person tested may have a physician, a registered nurse,365
or a qualified technician or, chemist,or phlebotomist of the366
person's own choosing administer a chemical test or tests in367
addition to any administered at the direction of a law enforcement368
officer, and shall be so advised. The failure or inability to369
obtain an additional test by a person shall not preclude the370
admission of evidence relating to the test or tests taken at the371
direction of a law enforcement officer.372

       A(E)(1)Subject to division (E)(3) of this section, in any373
criminal prosecution or juvenile court proceeding for a violation374
of this section or for an equivalent violation, the court shall375
admit as prima-facie evidence a laboratory report from any376
forensic laboratory certified by the department of health that377
contains an analysis of the whole blood, blood serum or plasma,378
breath, urine, or other bodily substance tested and that contains379
all of the information specified in this division. The laboratory380
report shall contain all of the following:381

       (a) The signature, under oath, of any person who performed382
the analysis;383

       (b) Any findings as to the identity and quantity of alcohol,384
a drug of abuse, or a combination of them that was found;385

       (c) A copy of a notarized statement by the laboratory386
director or a designee of the director that contains the name of387
each certified analyst or test performer involved with the report,388
the analyst's or test performer's employment relationship with the389
laboratory that issued the report, and a notation that performing390
an analysis of the type involved is part of the analyst's or test391
performer's regular duties;392

       (d) An outline of the analyst's or test performer's393
education, training, and experience in performing the type of394
analysis involved and a certification that the laboratory395
satisfies appropriate quality control standards in general and, in396
this particular analysis, under rules of the department of health.397

       (2) Notwithstanding any other provision of law regarding the398
admission of evidence, a report of the type described in division399
(E)(1) of this section is not admissible against the defendant or400
child to whom it pertains in any proceeding, other than a401
preliminary hearing or a grand jury proceeding, unless the402
prosecutor has served a copy of the report on the defendant's or403
child's attorney or, if the defendant or child has no attorney, on404
the defendant or child.405

       (3) A report of the type described in division (E)(1) of406
this section shall not be prima-facie evidence of the contents,407
identity, or amount of any substance if, within seven days after408
the defendant or child to whom the report pertains or the409
defendant's or child's attorney receives a copy of the report, the410
defendant or child or the defendant's or child's attorney demands411
the testimony of the person who signed the report. The judge in412
the case may extend the seven-day time limit in the interest of413
justice.414

       (F) Except as otherwise provided in this division, any415
physician, registered nurse, or qualified technician or, chemist,416
or phlebotomist who withdraws blood from a person pursuant to this417
section, and a hospital, first-aid station, or clinic at which418
blood is withdrawn from a person pursuant to this section, is419
immune from criminal liability, and from civil liability that is420
based upon a claim of assault and battery or based upon any other421
claim that is not in the nature of a claim of malpractice, for any422
act performed in withdrawing blood from the person. The immunity423
provided in this division is not available to a person who424
withdraws blood if the person engages in willful or wanton425
misconduct.426

       (E) For the purposes of(G)As used in this section,427
"operateand section 1547.111 of the Revised Code:428

       (1) "Equivalent violation" means a violation of a municipal429
ordinance, law of another state, or law of the United States that430
is substantially equivalent to division (A) or (B) of this431
section.432

       (2) "Operate" means that a vessel is being used on the waters433
in this state when the vessel is not securely affixed to a dock or434
to shore or to any permanent structure to which the vessel has the435
right to affix or that a vessel is not anchored in a designated436
anchorage area or boat camping area that is established by the437
United States coast guard, this state, or a political subdivision438
and in which the vessel has the right to anchor.439

       Sec. 1547.111.  (A)(1) Any person who operates or is in440
physical control of a vessel or uses any water skis, aquaplane, or441
similar device upon any waters in this state shall be deemed to442
have given consent to a chemical test or tests of the person's443
blood, breath, or urine for the purpose of determining itsto444
determine the alcohol or, drug of abuse,or alcohol and drug of445
abuse content of the person's whole blood, blood serum or plasma,446
breath, or urine if arrested for the offense of operating or being447
in physical control of a vessel or usingmanipulating any water448
skis, aquaplane, or similar device in violation of section 1547.11449
of the Revised Code or a substantially equivalent municipal450
ordinance. The451

       (2)The test or tests under division (A) of this section452
shall be administered at the direction of a law enforcement453
officer having reasonable grounds to believe the person to have454
beenwas operating or in physical control of a vessel or using455
manipulating any water skis, aquaplane, or similar device in456
violation of section 1547.11 of the Revised Code or a457
substantially equivalent municipal ordinance. The law enforcement458
agency by which the officer is employed shall designate which of459
thetest or tests shall be administered.460

       (B) Any person who is dead,or unconscious, or who otherwise461
is in a condition rendering the person incapable of refusal shall462
be deemed not to have withdrawn consentconsented as provided by463
in division (A)(1) of this section, and the test or tests may be464
administered, subject to sections 313.12 to 313.16 of the Revised465
Code.466

       (C) Any person under arrest for the offense of operating a467
vessel or using any water skis, aquaplane, or similar device in468
violation ofviolating section 1547.11 of the Revised Code or a469
substantially equivalent municipal ordinance shall be advised of470
the consequences of refusing to submit to a chemical test or tests471
designated by the law enforcement agency as provided in division472
(A) of this section. The advice shall be in a written form473
prescribed by the chief of the division of watercraft and shall be474
read to the person. The form shall contain a statement that the475
form was shown to the person under arrest and read to the person476
in the presence ofby the arresting officer and either another law477
enforcement officer, a civilian law enforcement employee, or an478
employee of a hospital, first-aid station, or clinic, if any, to479
which the person has been taken for first-aid or medical480
treatment. The reading of the form shall be witnessed by one or481
more persons, and the witnesses shall certify to this fact by482
signing the form.483

       (D) If a law enforcement officer asks a person under arrest484
for the offense of operating a vessel or using any water skis,485
aquaplane, or similar device in violation ofviolating section486
1547.11 of the Revised Code refuses upon the request of a law487
enforcement officeror a substantially equivalent municipal488
ordinance to submit to a chemical test designated by the law489
enforcement agencyor tests as provided in division (A) of this490
section, after first having been advisedif the arresting officer491
advises the person of the consequences of the person's refusal as492
provided in division (C) of this section, and if the person493
refuses to submit, no chemical test shall be given, but the chief,494
upon.Upon receipt of a sworn statement of the law enforcement495
officer that the arresting law enforcement officer had reasonable496
grounds to believe the arrested person had been operating a vessel497
or using any water skis, aquaplane, or similar device while under498
the influence of alcohol or a drug of abuse, under the combined499
influence of alcohol and a drug of abuse, or with a prohibited500
concentration of alcohol in the person's blood, urine, or breath,501
violated section 1547.11 of the Revised Code or a substantially502
equivalent municipal ordinance and that the person refused to503
submit to the chemical test upon the request of the law504
enforcement officer, and upon receipt of the form as provided in505
division (C) of this section certifying that the arrested person506
was advised of the consequences of the refusal, the chief of the507
division of watercraft shall inform the person by written notice508
that the person is prohibited from operating or being in physical509
control of a vessel or,from using any water skis, aquaplane, or510
similar device, and is prohibited from registering any watercraft511
in accordance with section 1547.54 of the Revised Code, for one512
year following the date of the alleged violation of section513
1547.11 of the Revised Code. The suspension of these operation,514
physical control, use, and registration privileges shall continue515
for the entire one-year period, subject to review as provided in516
this section.517

       If the person under arrest is the owner of the vessel518
involved in the alleged violation, the law enforcement officer who519
arrested the person shall seize the watercraft registration520
certificate and tags from the vessel involved in the violation and521
forward them to the chief. The chief, in addition to informing522
the person by written notice that the person is prohibited from523
operating a vessel or using any water skis, aquaplane, or similar524
device, and from registering any watercraft in accordance with525
section 1547.54 of the Revised Code, for one year following the526
date of the alleged violation, shall retain the impounded527
registration certificate and tags, and shall impound all other528
registration certificates and tags issued to the person in529
accordance with sections 1547.54 and 1547.57 of the Revised Code,530
for a period of one year following the date of the alleged531
violation, subject to review as provided in this section.532

       If the arrested person fails to surrender the registration533
certificate because it is not on the person of the arrested person534
or in the watercraft, the law enforcement officer who made the535
arrest shall order the person to surrender it within twenty-four536
hours to the law enforcement officer or the law enforcement agency537
that employs the law enforcement officer. If the person fails to538
do so, the law enforcement officer shall notify the chief of that539
fact in the statement the officer submits to the chief under this540
division.541

       (E) Upon suspending a person's operation, physical control,542
use, and registration privileges in accordance with division (D)543
of this section, the chief shall notify the person in writing, at544
the person's last known address, and inform the person that the545
person may petition for a hearing in accordance with division (F)546
of this section. If a person whose operation, physical control,547
use, and registration privileges have been suspended petitions for548
a hearing or appeals any adverse decision that is adverse to the549
person, the suspension of privileges shall begin at the550
termination of any hearing or appeal unless the hearing or appeal551
resultedresults in a decision favorable to the person.552

       (F) Any person who has been notified by the chief that the553
person is prohibited from operating or being in physical control554
of a vessel or using any water skis, aquaplane, or similar device555
and from registering any watercraft in accordance with section556
1547.54 of the Revised Code, or who has had the registration557
certificate and tags of the person's watercraft impounded pursuant558
to division (D) of this section, within twenty days of the559
notification or impoundment, may file a petition in the municipal560
court or the county court, or if the person is a minor in juvenile561
court, in whosewith jurisdiction over the place at which the562
arrest occurred, agreeing to pay the cost of the proceedings and563
alleging error in the action taken by the chief under division (D)564
of this section or alleging one or more of the matters within the565
scope of the hearing as provided in this section, or both. The566
petitioner shall notify the chief of the filing of the petition567
and send the chief a copy of the petition.568

       The scope of the hearing is limited to the issues of whether569
the law enforcement officer had reasonable grounds to believe the570
petitioner was operating or in physical control of a vessel or571
usingmanipulating any water skis, aquaplane, or similar device572
while under the influence of alcohol or a drug of abuse, under the573
combined influence of alcohol and a drug of abuse, or with a574
prohibited concentration of alcohol or a drug of abuse in the575
person's blood, urine, or breathin violation of section 1547.11576
of the Revised Code or a substantially equivalent municipal577
ordinance, whether the petitioner was placed under arrest, whether578
the petitioner refused to submit to the chemical test upon request579
of the officer, and whether the petitioner was advised of the580
consequences of the petitioner's refusal.581

       (G)(1) The chief shall furnish the court a copy of the582
affidavit as provided in division (C) of this section and any583
other relevant information requested by the court.584

       (2) In hearing the matter and in determining whether the585
person has shown error in the decision taken by the chief as586
provided in division (D) of this section, the court shall decide587
the issue upon the relevant, competent, and material evidence588
submitted by the chief or the person whose operation, physical589
control, use, and registration privileges have been suspended.590

       In the proceedings, the chief shall be represented by the591
prosecuting attorney of the county in which the petition is filed592
if the petition is filed in a county court or juvenile court,593
except that if the arrest occurred within a city or village within594
the jurisdiction of the county court in which the petition is595
filed, the city director of law or village solicitor of that city596
or village shall represent the chief. If the petition is filed in597
the municipal court, the chief shall be represented as provided in598
section 1901.34 of the Revised Code.599

       (3) If the court finds from the evidence submitted that the600
person has failed to show error in the action taken by the chief601
under division (D) of this section or in one or more of the602
matters within the scope of the hearing as provided in division603
(F) of this section, or both, the court shall assess the cost of604
the proceeding against the person and shall uphold the suspension605
of the operation, physical control, use, and registration606
privileges provided in division (D) of this section. If the court607
finds that the person has shown error in the action taken by the608
chief under division (D) of this section or in one or more of the609
matters within the scope of the hearing as provided in division610
(F) of this section, or both, the cost of the proceedings shall be611
paid out of the county treasury of the county in which the612
proceedings were held, the chief shall reinstate the operation,613
physical control, use, and registration privileges of the person614
shall be reinstated without charge, and the chief shall return the615
registration certificate and tags, if impounded, shall be returned616
without charge.617

       (4) The court shall give information in writing of any618
action taken under this section to the chief.619

       (H) At the end of any period of suspension or impoundment620
imposed under this section, and upon request of the person whose621
operation, physical control, use, and registration privileges were622
suspended or whose registration certificate and tags were623
impounded, the chief shall reinstate the person's operation,624
physical control, use, and registration privileges by written625
notice and return the certificate and tags.626

       (I) No person who has received written notice from the chief627
that the person is prohibited from operating or being in physical628
control of a vessel or,from using any water skis, aquaplane, or629
similar device, and from registering a watercraft, or who has had630
the registration certificate and tags of the person's watercraft631
impounded, in accordance with division (D) of this section, shall632
operate or be in physical control of a vessel or use any water633
skis, aquaplane, or similar device for a period of one year634
following the date of the person's alleged violation of section635
1547.11 of the Revised Code or the substantially equivalent636
municipal ordinance.637

       Sec. 1547.99.  (A) Whoever violates section 1547.91 of the638
Revised Code is guilty of a felony of the fourth degree.639

       (B) Whoever violates section 1547.10, division (I) of640
section 1547.111, section 1547.13, or section 1547.66 of the641
Revised Code is guilty of a misdemeanor of the first degree.642

       (C) Whoever violates a provision of this chapter or a rule643
adopted thereunder, for which no penalty is otherwise provided, is644
guilty of a minor misdemeanor.645

       (D) Whoever violates section 1547.07 or 1547.12 of the646
Revised Code without causing injury to persons or damage to647
property is guilty of a misdemeanor of the fourth degree.648

       (E) Whoever violates section 1547.07 or 1547.12 of the649
Revised Code causing injury to persons or damage to property is650
guilty of a misdemeanor of the third degree.651

       (F) Whoever violates division (M) of section 1547.54,652
division (G) of section 1547.30, or section 1547.131, 1547.25,653
1547.33, 1547.38, 1547.39, 1547.40, 1547.69, or 1547.92 of the654
Revised Code or a rule adopted under division (A)(2) of section655
1547.52 of the Revised Code is guilty of a misdemeanor of the656
fourth degree.657

       (G) Whoever violates section 1547.11 of the Revised Code is658
guilty of a misdemeanor of the first degree and shall be punished659
as provided in division (G)(1), (2), or (3) of this section.660

       (1) Except as otherwise provided in division (G)(2) or (3)661
of this section, the court shall sentence the offender to a term662
of imprisonment of three consecutive days and may sentence the663
offender pursuant to section 2929.21 of the Revised Code to a664
longer term of imprisonment. In addition, the court shall impose665
upon the offender a fine of not less than one hundred fifty nor666
more than one thousand dollars.667

       The court may suspend the execution of the mandatory three668
consecutive days of imprisonment that it is required to impose by669
division (G)(1) of this section if the court, in lieu of the670
suspended term of imprisonment, places the offender on probation671
and requires the offender to attend, for three consecutive days, a672
drivers' intervention program that is certified pursuant to673
section 3793.10 of the Revised Code. The court also may suspend674
the execution of any part of the mandatory three consecutive days675
of imprisonment that it is required to impose by division (G)(1)676
of this section if the court places the offender on probation for677
part of the three consecutive days; requires the offender to678
attend, for that part of the three consecutive days, a drivers'679
intervention program that is certified pursuant to section 3793.10680
of the Revised Code; and sentences the offender to a term of681
imprisonment equal to the remainder of the three consecutive days682
that the offender does not spend attending the drivers'683
intervention program. The court may require the offender, as a684
condition of probation, to attend and satisfactorily complete any685
treatment or education programs, in addition to the required686
attendance at a drivers' intervention program, that the operators687
of the drivers' intervention program determine that the offender688
should attend and to report periodically to the court on the689
offender's progress in the programs. The court also may impose690
any other conditions of probation on the offender that it691
considers necessary.692

       (2) If, within fivesix years of the offense, the offender693
has been convicted of or pleaded guilty to one violation of694
section 1547.11 of the Revised Code, of a municipal ordinance695
relating to operating a watercraft or manipulating any water skis,696
aquaplane, or similar device while under the influence of alcohol,697
a drug of abuse, or alcohol and a drug of abusea combination of698
them, of a municipal ordinance relating to operating a watercraft699
or manipulating any water skis, aquaplane, or similar device with700
a prohibited concentration of alcohol in the whole blood, blood701
serum or plasma, breath, or urine, of division (A)(1) of section702
2903.06 of the Revised Code, or of division (A)(2), (3), or (4) of703
section 2903.06 of the Revised Code or former section 2903.06 or704
2903.07 of the Revised Code as they existed prior to March23,705
2000, in a case in which the jury or judge found that the offender706
was under the influence of alcohol, a drug of abuse, or alcohol707
and a drug of abusea combination of them, the court shall708
sentence the offender to a term of imprisonment of ten consecutive709
days and may sentence the offender pursuant to section 2929.21 of710
the Revised Code to a longer term of imprisonment. In addition,711
the court shall impose upon the offender a fine of not less than712
one hundred fifty nor more than one thousand dollars.713

       In addition to any other sentence that it imposes upon the714
offender, the court may require the offender to attend a drivers'715
intervention program that is certified pursuant to section 3793.10716
of the Revised Code.717

       (3) If, within fivesix years of the offense, the offender718
has been convicted of or pleaded guilty to more than one violation719
identified in division (G)(2) of this section, the court shall720
sentence the offender to a term of imprisonment of thirty721
consecutive days and may sentence the offender to a longer term of722
imprisonment of not more than one year. In addition, the court723
shall impose upon the offender a fine of not less than one hundred724
fifty nor more than one thousand dollars.725

       In addition to any other sentence that it imposes upon the726
offender, the court may require the offender to attend a drivers'727
intervention program that is certified pursuant to section 3793.10728
of the Revised Code.729

       (4) Upon a showing that imprisonment would seriously affect730
the ability of an offender sentenced pursuant to division (G)(1),731
(2), or (3) of this section to continue the offender's employment,732
the court may authorize that the offender be granted work release733
from imprisonment after the offender has served the three, ten, or734
thirty consecutive days of imprisonment that the court is required735
by division (G)(1), (2), or (3) of this section to impose. No736
court shall authorize work release from imprisonment during the737
three, ten, or thirty consecutive days of imprisonment that the738
court is required by division (G)(1), (2), or (3) of this section739
to impose. The duration of the work release shall not exceed the740
time necessary each day for the offender to commute to and from741
the place of employment and the place of imprisonment and the time742
actually spent under employment.743

       (5) Notwithstanding any section of the Revised Code that744
authorizes the suspension of the imposition or execution of a745
sentence or the placement of an offender in any treatment program746
in lieu of imprisonment, no court shall suspend the ten or thirty747
consecutive days of imprisonment required to be imposed by748
division (G)(2) or (3) of this section or place an offender who is749
sentenced pursuant to division (G)(2) or (3) of this section in750
any treatment program in lieu of imprisonment until after the751
offender has served the ten or thirty consecutive days of752
imprisonment required to be imposed pursuant to division (G)(2) or753
(3) of this section. Notwithstanding any section of the Revised754
Code that authorizes the suspension of the imposition or execution755
of a sentence or the placement of an offender in any treatment756
program in lieu of imprisonment, no court, except as specifically757
authorized by division (G)(1) of this section, shall suspend the758
three consecutive days of imprisonment required to be imposed by759
division (G)(1) of this section or place an offender who is760
sentenced pursuant to division (G)(1) of this section in any761
treatment program in lieu of imprisonment until after the offender762
has served the three consecutive days of imprisonment required to763
be imposed pursuant to division (G)(1) of this section.764

       (H) Whoever violates section 1547.304 of the Revised Code is765
guilty of a misdemeanor of the fourth degree and also shall be766
assessed any costs incurred by the state or a county, township,767
municipal corporation, or other political subdivision in disposing768
of an abandoned junk vessel or outboard motor, less any money769
accruing to the state, county, township, municipal corporation, or770
other political subdivision from that disposal.771

       (I) Whoever violates division (B) or (C) of section 1547.49772
of the Revised Code is guilty of a minor misdemeanor.773

       (J) Whoever violates section 1547.31 of the Revised Code is774
guilty of a misdemeanor of the fourth degree on a first offense.775
On each subsequent offense, the person is guilty of a misdemeanor776
of the third degree.777

       (K) Whoever violates section 1547.05 or 1547.051 of the778
Revised Code is guilty of a misdemeanor of the fourth degree if779
the violation is not related to a collision, injury to a person,780
or damage to property and a misdemeanor of the third degree if the781
violation is related to a collision, injury to a person, or damage782
to property.783

       (L) The sentencing court, in addition to the penalty784
provided under this section for a violation of this chapter or a785
rule adopted under it that involves a powercraft powered by more786
than ten horsepower and that, in the opinion of the court,787
involves a threat to the safety of persons or property, shall788
order the offender to complete successfully a boating course789
approved by the national association of state boating law790
administrators before the offender is allowed to operate a791
powercraft powered by more than ten horsepower on the waters in792
this state. Violation of a court order entered under this793
division is punishable as contempt under Chapter 2705. of the794
Revised Code.795

       Sec. 1901.024.  (A) The board of county commissioners of796
Hamilton county shall pay all of the costs of operation of the797
Hamilton county municipal court. Subject to sections 3375.50,798
3375.53, 4511.19, 4511.193, 4511.99, and 5503.04 of the Revised799
Code and to any other section of the Revised Code that requires a800
specific manner of disbursement of any moneys received by a801
municipal court, the county shall receive all of the costs, fees,802
and other moneys, except fines collected for violations of803
municipal ordinances and for violations of township resolutions804
adopted pursuant to Chapter 504. of the Revised Code, that are805
received by the Hamilton county municipal court and shall receive806
fifty per cent of all of the fines for violations of municipal807
ordinances and for violations of township resolutions adopted808
pursuant to Chapter 504. of the Revised Code that are received by809
the court.810

       (B) The board of county commissioners of Lawrence county811
shall pay all of the costs of operation of the Lawrence county812
municipal court. Subject to sections 3375.50, 3375.53, 4511.19,813
4511.193, 4511.99, and 5503.04 of the Revised Code and to any814
other section of the Revised Code that requires a specific manner815
of disbursement of any moneys received by a municipal court, the816
county shall receive all of the costs, fees, and other moneys,817
except fines collected for violations of municipal ordinances and818
for violations of township resolutions adopted pursuant to Chapter819
504. of the Revised Code, that are received by the Lawrence county820
municipal court and shall receive fifty per cent of all of the821
fines for violations of municipal ordinances and for violations of822
township resolutions adopted pursuant to Chapter 504. of the823
Revised Code that are received by the court.824

       (C) The board of county commissioners of Ottawa county shall825
pay all of the costs of operation of the Ottawa county municipal826
court. Subject to sections 3375.50, 3375.53, 4511.19, 4511.193,827
4511.99, and 5503.04 of the Revised Code and to any other section828
of the Revised Code that requires a specific manner of829
disbursement of any moneys received by a municipal court, the830
county shall receive all of the costs, fees, and other moneys,831
except fines collected for violations of municipal ordinances and832
for violations of township resolutions adopted pursuant to Chapter833
504. of the Revised Code, that are received by the Ottawa county834
municipal court and shall receive fifty per cent of all of the835
fines for violations of municipal ordinances and for violations of836
township resolutions adopted pursuant to Chapter 504. of the837
Revised Code that are received by the court.838

       (D) The board of county commissioners of a county in which a839
county-operated municipal court is located shall pay all of the840
costs of operation of the municipal court. The county in which a841
county-operated municipal court that is not subject to division842
(A), (B), or (C) of this section is located shall receive all of843
the costs, fees, and other moneys, except fines collected for844
violations of municipal ordinances and for violations of township845
resolutions adopted pursuant to Chapter 504. of the Revised Code846
and except as provided in sections 3375.50, 3375.53, and 5503.04847
of the Revised Code and in any other section of the Revised Code848
that requires a specific manner of disbursement of any moneys849
received by a municipal court, that are received by the court.850

       Sec. 1901.31.  The clerk and deputy clerks of a municipal851
court shall be selected, be compensated, give bond, and have852
powers and duties as follows:853

       (A) There shall be a clerk of the court who is appointed or854
elected as follows:855

       (1)(a) Except in the Akron, Barberton, Cuyahoga Falls,856
Medina, Toledo, Clermont county, Hamilton county, Portage county,857
and Wayne county municipal courts, if the population of the858
territory equals or exceeds one hundred thousand at the regular859
municipal election immediately preceding the expiration of the860
term of the present clerk, the clerk shall be nominated and861
elected by the qualified electors of the territory in the manner862
that is provided for the nomination and election of judges in863
section 1901.07 of the Revised Code.864

       The clerk so elected shall hold office for a term of six865
years, which term shall commence on the first day of January866
following the clerk's election and continue until the clerk's867
successor is elected and qualified.868

       (b) In the Hamilton county municipal court, the clerk of869
courts of Hamilton county shall be the clerk of the municipal870
court and may appoint an assistant clerk who shall receive the871
compensation, payable out of the treasury of Hamilton county in872
semimonthly installments, that the board of county commissioners873
prescribes. The clerk of courts of Hamilton county, acting as the874
clerk of the Hamilton county municipal court and assuming the875
duties of that office, shall receive compensation at one-fourth876
the rate that is prescribed for the clerks of courts of common877
pleas as determined in accordance with the population of the878
county and the rates set forth in sections 325.08 and 325.18 of879
the Revised Code. This compensation shall be paid from the county880
treasury in semimonthly installments and is in addition to the881
annual compensation that is received for the performance of the882
duties of the clerk of courts of Hamilton county, as provided in883
sections 325.08 and 325.18 of the Revised Code.884

       (c) In the Portage county and Wayne county municipal courts,885
the clerks of courts of Portage county and Wayne county shall be886
the clerks, respectively, of the Portage county and Wayne county887
municipal courts and may appoint a chief deputy clerk for each888
branch that is established pursuant to section 1901.311 of the889
Revised Code and assistant clerks as the judges of the municipal890
court determine are necessary, all of whom shall receive the891
compensation that the legislative authority prescribes. The892
clerks of courts of Portage county and Wayne county, acting as the893
clerks of the Portage county and Wayne county municipal courts and894
assuming the duties of these offices, shall receive compensation895
payable from the county treasury in semimonthly installments at896
one-fourth the rate that is prescribed for the clerks of courts of897
common pleas as determined in accordance with the population of898
the county and the rates set forth in sections 325.08 and 325.18899
of the Revised Code.900

       (d) Except as otherwise provided in division (A)(1)(d) of901
this section, in the Akron municipal court, candidates for902
election to the office of clerk of the court shall be nominated by903
primary election. The primary election shall be held on the day904
specified in the charter of the city of Akron for the nomination905
of municipal officers. Notwithstanding section 3513.257 of the906
Revised Code, the nominating petitions of independent candidates907
shall be signed by at least two hundred fifty qualified electors908
of the territory of the court.909

       The candidates shall file a declaration of candidacy and910
petition, or a nominating petition, whichever is applicable, not911
later than four p.m. of the seventy-fifth day before the day of912
the primary election, in the form prescribed by section 3513.07 or913
3513.261 of the Revised Code. The declaration of candidacy and914
petition, or the nominating petition, shall conform to the915
applicable requirements of section 3513.05 or 3513.257 of the916
Revised Code.917

       If no valid declaration of candidacy and petition is filed by918
any person for nomination as a candidate of a particular political919
party for election to the office of clerk of the Akron municipal920
court, a primary election shall not be held for the purpose of921
nominating a candidate of that party for election to that office.922
If only one person files a valid declaration of candidacy and923
petition for nomination as a candidate of a particular political924
party for election to that office, a primary election shall not be925
held for the purpose of nominating a candidate of that party for926
election to that office, and the candidate shall be issued a927
certificate of nomination in the manner set forth in section928
3513.02 of the Revised Code.929

       Declarations of candidacy and petitions, nominating930
petitions, and certificates of nomination for the office of clerk931
of the Akron municipal court shall contain a designation of the932
term for which the candidate seeks election. At the following933
regular municipal election, all candidates for the office shall be934
submitted to the qualified electors of the territory of the court935
in the manner that is provided in section 1901.07 of the Revised936
Code for the election of the judges of the court. The clerk so937
elected shall hold office for a term of six years, which term938
shall commence on the first day of January following the clerk's939
election and continue until the clerk's successor is elected and940
qualified.941

       (e) In the Clermont county municipal court, the clerk of942
courts of Clermont county shall be the clerk of the municipal943
court. The clerk of courts of Clermont county, acting as the944
clerk of the Clermont county municipal court and assuming the945
duties of that office, shall receive compensation at one-fourth946
the rate that is prescribed for the clerks of courts of common947
pleas as determined in accordance with the population of the948
county and the rates set forth in sections 325.08 and 325.18 of949
the Revised Code. This compensation shall be paid from the county950
treasury in semimonthly installments and is in addition to the951
annual compensation that is received for the performance of the952
duties of the clerk of courts of Clermont county, as provided in953
sections 325.08 and 325.18 of the Revised Code.954

       (f) Irrespective of the population of the territory of the955
Medina municipal court, the clerk of that court shall be appointed956
pursuant to division (A)(2)(a) of this section by the judges of957
that court, shall hold office until the clerk's successor is958
similarly appointed and qualified, and shall receive pursuant to959
division (C) of this section the annual compensation that the960
legislative authority prescribes and that is payable in961
semimonthly installments from the same sources and in the same962
manner as provided in section 1901.11 of the Revised Code.963

       (g) Except as otherwise provided in division (A)(1)(g) of964
this section, in the Barberton municipal court, candidates for965
election to the office of clerk of the court shall be nominated by966
primary election. The primary election shall be held on the day967
specified in the charter of the city of Barberton for the968
nomination of municipal officers. Notwithstanding section969
3513.257 of the Revised Code, the nominating petitions of970
independent candidates shall be signed by at least two hundred971
fifty qualified electors of the territory of the court.972

       The candidates shall file a declaration of candidacy and973
petition, or a nominating petition, whichever is applicable, not974
later than four p.m. of the seventy-fifth day before the day of975
the primary election, in the form prescribed by section 3513.07 or976
3513.261 of the Revised Code. The declaration of candidacy and977
petition, or the nominating petition, shall conform to the978
applicable requirements of section 3513.05 or 3513.257 of the979
Revised Code.980

       If no valid declaration of candidacy and petition is filed by981
any person for nomination as a candidate of a particular political982
party for election to the office of clerk of the Barberton983
municipal court, a primary election shall not be held for the984
purpose of nominating a candidate of that party for election to985
that office. If only one person files a valid declaration of986
candidacy and petition for nomination as a candidate of a987
particular political party for election to that office, a primary988
election shall not be held for the purpose of nominating a989
candidate of that party for election to that office, and the990
candidate shall be issued a certificate of nomination in the991
manner set forth in section 3513.02 of the Revised Code.992

       Declarations of candidacy and petitions, nominating993
petitions, and certificates of nomination for the office of clerk994
of the Barberton municipal court shall contain a designation of995
the term for which the candidate seeks election. At the following996
regular municipal election, all candidates for the office shall be997
submitted to the qualified electors of the territory of the court998
in the manner that is provided in section 1901.07 of the Revised999
Code for the election of the judges of the court. The clerk so1000
elected shall hold office for a term of six years, which term1001
shall commence on the first day of January following the clerk's1002
election and continue until the clerk's successor is elected and1003
qualified.1004

       (h) Except as otherwise provided in division (A)(1)(h) of1005
this section, in the Cuyahoga Falls municipal court, candidates1006
for election to the office of clerk of the court shall be1007
nominated by primary election. The primary election shall be held1008
on the day specified in the charter of the city of Cuyahoga Falls1009
for the nomination of municipal officers. Notwithstanding section1010
3513.257 of the Revised Code, the nominating petitions of1011
independent candidates shall be signed by at least two hundred1012
fifty qualified electors of the territory of the court.1013

       The candidates shall file a declaration of candidacy and1014
petition, or a nominating petition, whichever is applicable, not1015
later than four p.m. of the seventy-fifth day before the day of1016
the primary election, in the form prescribed by section 3513.07 or1017
3513.261 of the Revised Code. The declaration of candidacy and1018
petition, or the nominating petition, shall conform to the1019
applicable requirements of section 3513.05 or 3513.257 of the1020
Revised Code.1021

       If no valid declaration of candidacy and petition is filed by1022
any person for nomination as a candidate of a particular political1023
party for election to the office of clerk of the Cuyahoga Falls1024
municipal court, a primary election shall not be held for the1025
purpose of nominating a candidate of that party for election to1026
that office. If only one person files a valid declaration of1027
candidacy and petition for nomination as a candidate of a1028
particular political party for election to that office, a primary1029
election shall not be held for the purpose of nominating a1030
candidate of that party for election to that office, and the1031
candidate shall be issued a certificate of nomination in the1032
manner set forth in section 3513.02 of the Revised Code.1033

       Declarations of candidacy and petitions, nominating1034
petitions, and certificates of nomination for the office of clerk1035
of the Cuyahoga Falls municipal court shall contain a designation1036
of the term for which the candidate seeks election. At the1037
following regular municipal election, all candidates for the1038
office shall be submitted to the qualified electors of the1039
territory of the court in the manner that is provided in section1040
1901.07 of the Revised Code for the election of the judges of the1041
court. The clerk so elected shall hold office for a term of six1042
years, which term shall commence on the first day of January1043
following the clerk's election and continue until the clerk's1044
successor is elected and qualified.1045

       (i) Except as otherwise provided in division (A)(1)(i) of1046
this section, in the Toledo municipal court, candidates for1047
election to the office of clerk of the court shall be nominated by1048
primary election. The primary election shall be held on the day1049
specified in the charter of the city of Toledo for the nomination1050
of municipal officers. Notwithstanding section 3513.257 of the1051
Revised Code, the nominating petitions of independent candidates1052
shall be signed by at least two hundred fifty qualified electors1053
of the territory of the court.1054

       The candidates shall file a declaration of candidacy and1055
petition, or a nominating petition, whichever is applicable, not1056
later than four p.m. of the seventy-fifth day before the day of1057
the primary election, in the form prescribed by section 3513.07 or1058
3513.261 of the Revised Code. The declaration of candidacy and1059
petition, or the nominating petition, shall conform to the1060
applicable requirements of section 3513.05 or 3513.257 of the1061
Revised Code.1062

       If no valid declaration of candidacy and petition is filed by1063
any person for nomination as a candidate of a particular political1064
party for election to the office of clerk of the Toledo municipal1065
court, a primary election shall not be held for the purpose of1066
nominating a candidate of that party for election to that office.1067
If only one person files a valid declaration of candidacy and1068
petition for nomination as a candidate of a particular political1069
party for election to that office, a primary election shall not be1070
held for the purpose of nominating a candidate of that party for1071
election to that office, and the candidate shall be issued a1072
certificate of nomination in the manner set forth in section1073
3513.02 of the Revised Code.1074

       Declarations of candidacy and petitions, nominating1075
petitions, and certificates of nomination for the office of clerk1076
of the Toledo municipal court shall contain a designation of the1077
term for which the candidate seeks election. At the following1078
regular municipal election, all candidates for the office shall be1079
submitted to the qualified electors of the territory of the court1080
in the manner that is provided in section 1901.07 of the Revised1081
Code for the election of the judges of the court. The clerk so1082
elected shall hold office for a term of six years, which term1083
shall commence on the first day of January following the clerk's1084
election and continue until the clerk's successor is elected and1085
qualified.1086

       (2)(a) Except for the Alliance, Auglaize county, Columbiana1087
county, Lorain, Massillon, and Youngstown municipal courts, in a1088
municipal court for which the population of the territory is less1089
than one hundred thousand and in the Medina municipal court, the1090
clerk shall be appointed by the court, and the clerk shall hold1091
office until the clerk's successor is appointed and qualified.1092

       (b) In the Alliance, Lorain, Massillon, and Youngstown1093
municipal courts, the clerk shall be elected for a term of office1094
as described in division (A)(1)(a) of this section.1095

       (c) In the Auglaize county municipal court, the clerk of1096
courts of Auglaize county shall be the clerk of the municipal1097
court and may appoint a chief deputy clerk for each branch that is1098
established pursuant to section 1901.311 of the Revised Code, and1099
assistant clerks as the judge of the court determines are1100
necessary, all of whom shall receive the compensation that the1101
legislative authority prescribes. The clerk of courts of Auglaize1102
county, acting as the clerk of the Auglaize county municipal court1103
and assuming the duties of that office, shall receive compensation1104
payable from the county treasury in semimonthly installments at1105
one-fourth the rate that is prescribed for the clerks of courts of1106
common pleas as determined in accordance with the population of1107
the county and the rates set forth in sections 325.08 and 325.181108
of the Revised Code.1109

       (d) In the Columbiana county municipal court, the clerk of1110
courts of Columbiana county shall be the clerk of the municipal1111
court, may appoint a chief deputy clerk for each branch office1112
that is established pursuant to section 1901.311 of the Revised1113
Code, and may appoint any assistant clerks that the judges of the1114
court determine are necessary. All of the chief deputy clerks and1115
assistant clerks shall receive the compensation that the1116
legislative authority prescribes. The clerk of courts of1117
Columbiana county, acting as the clerk of the Columbiana county1118
municipal court and assuming the duties of that office, shall1119
receive compensation payable from the county treasury in1120
semimonthly installments at one-fourth the rate that is prescribed1121
for the clerks of courts of common pleas as determined in1122
accordance with the population of the county and the rates set1123
forth in sections 325.08 and 325.18 of the Revised Code.1124

       (3) During the temporary absence of the clerk due to1125
illness, vacation, or other proper cause, the court may appoint a1126
temporary clerk, who shall be paid the same compensation, have the1127
same authority, and perform the same duties as the clerk.1128

       (B) Except in the Clermont county, Hamilton county, Medina,1129
Portage county, and Wayne county municipal courts, if a vacancy1130
occurs in the office of the clerk of the Alliance, Lorain,1131
Massillon, or Youngstown municipal court or occurs in the office1132
of the clerk of a municipal court for which the population of the1133
territory equals or exceeds one hundred thousand because the clerk1134
ceases to hold the office before the end of the clerk's term or1135
because a clerk-elect fails to take office, the vacancy shall be1136
filled, until a successor is elected and qualified, by a person1137
chosen by the residents of the territory of the court who are1138
members of the county central committee of the political party by1139
which the last occupant of that office or the clerk-elect was1140
nominated. Not less than five nor more than fifteen days after a1141
vacancy occurs, those members of that county central committee1142
shall meet to make an appointment to fill the vacancy. At least1143
four days before the date of the meeting, the chairperson or a1144
secretary of the county central committee shall notify each such1145
member of that county central committee by first class mail of the1146
date, time, and place of the meeting and its purpose. A majority1147
of all such members of that county central committee constitutes a1148
quorum, and a majority of the quorum is required to make the1149
appointment. If the office so vacated was occupied or was to be1150
occupied by a person not nominated at a primary election, or if1151
the appointment was not made by the committee members in1152
accordance with this division, the court shall make an appointment1153
to fill the vacancy. A successor shall be elected to fill the1154
office for the unexpired term at the first municipal election that1155
is held more than one hundred twenty days after the vacancy1156
occurred.1157

       (C)(1) In a municipal court, other than the Auglaize county,1158
the Columbiana county, and the Lorain municipal courts, for which1159
the population of the territory is less than one hundred thousand1160
and in the Medina municipal court, the clerk of the municipal1161
court shall receive the annual compensation that the presiding1162
judge of the court prescribes, if the revenue of the court for the1163
preceding calendar year, as certified by the auditor or chief1164
fiscal officer of the municipal corporation in which the court is1165
located or, in the case of a county-operated municipal court, the1166
county auditor, is equal to or greater than the expenditures,1167
including any debt charges, for the operation of the court payable1168
under this chapter from the city treasury or, in the case of a1169
county-operated municipal court, the county treasury for that1170
calendar year, as also certified by the auditor or chief fiscal1171
officer. If the revenue of a municipal court, other than the1172
Auglaize county, the Columbiana county, and the Lorain municipal1173
courts, for which the population of the territory is less than one1174
hundred thousand or the revenue of the Medina municipal court for1175
the preceding calendar year as so certified is not equal to or1176
greater than those expenditures for the operation of the court for1177
that calendar year as so certified, the clerk of a municipal court1178
shall receive the annual compensation that the legislative1179
authority prescribes. As used in this division, "revenue" means1180
the total of all costs and fees that are collected and paid to the1181
city treasury or, in a county-operated municipal court, the county1182
treasury by the clerk of the municipal court under division (F) of1183
this section and all interest received and paid to the city1184
treasury or, in a county-operated municipal court, the county1185
treasury in relation to the costs and fees under division (G) of1186
this section.1187

       (2) In a municipal court, other than the Clermont county,1188
Hamilton county, Medina, Portage county, and Wayne county1189
municipal courts, for which the population of the territory is one1190
hundred thousand or more, and in the Lorain municipal court, the1191
clerk of the municipal court shall receive annual compensation in1192
a sum equal to eighty-five per cent of the salary of a judge of1193
the court.1194

       (3) The compensation of a clerk described in division (C)(1)1195
or (2) of this section is payable in semimonthly installments from1196
the same sources and in the same manner as provided in section1197
1901.11 of the Revised Code.1198

       (D) Before entering upon the duties of the clerk's office,1199
the clerk of a municipal court shall give bond of not less than1200
six thousand dollars to be determined by the judges of the court,1201
conditioned upon the faithful performance of the clerk's duties.1202

       (E) The clerk of a municipal court may do all of the1203
following: administer oaths, take affidavits, and issue1204
executions upon any judgment rendered in the court, including a1205
judgment for unpaid costs; issue, sign, and attach the seal of the1206
court to all writs, process, subpoenas, and papers issuing out of1207
the court; and approve all bonds, sureties, recognizances, and1208
undertakings fixed by any judge of the court or by law. The clerk1209
may refuse to accept for filing any pleading or paper submitted1210
for filing by a person who has been found to be a vexatious1211
litigator under section 2323.52 of the Revised Code and who has1212
failed to obtain leave to proceed under that section. The clerk1213
shall do all of the following: file and safely keep all journals,1214
records, books, and papers belonging or appertaining to the court;1215
record the proceedings of the court; perform all other duties that1216
the judges of the court may prescribe; and keep a book showing all1217
receipts and disbursements, which book shall be open for public1218
inspection at all times.1219

       The clerk shall prepare and maintain a general index, a1220
docket, and other records that the court, by rule, requires, all1221
of which shall be the public records of the court. In the docket,1222
the clerk shall enter, at the time of the commencement of an1223
action, the names of the parties in full, the names of the1224
counsel, and the nature of the proceedings. Under proper dates,1225
the clerk shall note the filing of the complaint, issuing of1226
summons or other process, returns, and any subsequent pleadings.1227
The clerk also shall enter all reports, verdicts, orders,1228
judgments, and proceedings of the court, clearly specifying the1229
relief granted or orders made in each action. The court may order1230
an extended record of any of the above to be made and entered,1231
under the proper action heading, upon the docket at the request of1232
any party to the case, the expense of which record may be taxed as1233
costs in the case or may be required to be prepaid by the party1234
demanding the record, upon order of the court.1235

       (F) The clerk of a municipal court shall receive, collect,1236
and issue receipts for all costs, fees, fines, bail, and other1237
moneys payable to the office or to any officer of the court. The1238
clerk shall each month disburse to the proper persons or officers,1239
and take receipts for, all costs, fees, fines, bail, and other1240
moneys that the clerk collects. Subject to sections 3375.50 and1241
4511.193 of the Revised Code and to any other section of the1242
Revised Code that requires a specific manner of disbursement of1243
any moneys received by a municipal court and except for the1244
Hamilton county, Lawrence county, and Ottawa county municipal1245
courts, the clerk shall pay all fines received for violation of1246
municipal ordinances into the treasury of the municipal1247
corporation the ordinance of which was violated and shall pay all1248
fines received for violation of township resolutions adopted1249
pursuant to Chapter 504. of the Revised Code into the treasury of1250
the township the resolution of which was violated. Subject to1251
sections 1901.024 and 4511.193 of the Revised Code, in the1252
Hamilton county, Lawrence county, and Ottawa county municipal1253
courts, the clerk shall pay fifty per cent of the fines received1254
for violation of municipal ordinances and fifty per cent of the1255
fines received for violation of township resolutions adopted1256
pursuant to Chapter 504. of the Revised Code into the treasury of1257
the county. Subject to sections 3375.50, 3375.53, 4511.991258
4511.19, and 5503.04 of the Revised Code and to any other section1259
of the Revised Code that requires a specific manner of1260
disbursement of any moneys received by a municipal court, the1261
clerk shall pay all fines collected for the violation of state1262
laws into the county treasury. Except in a county-operated1263
municipal court, the clerk shall pay all costs and fees the1264
disbursement of which is not otherwise provided for in the Revised1265
Code into the city treasury. The clerk of a county-operated1266
municipal court shall pay the costs and fees the disbursement of1267
which is not otherwise provided for in the Revised Code into the1268
county treasury. Moneys deposited as security for costs shall be1269
retained pending the litigation. The clerk shall keep a separate1270
account of all receipts and disbursements in civil and criminal1271
cases, which shall be a permanent public record of the office. On1272
the expiration of the term of the clerk, the clerk shall deliver1273
the records to the clerk's successor. The clerk shall have other1274
powers and duties as are prescribed by rule or order of the court.1275

       (G) All moneys paid into a municipal court shall be noted on1276
the record of the case in which they are paid and shall be1277
deposited in a state or national bank, or a domestic savings and1278
loan association, as defined in section 1151.01 of the Revised1279
Code, that is selected by the clerk. Any interest received upon1280
the deposits shall be paid into the city treasury, except that, in1281
a county-operated municipal court, the interest shall be paid into1282
the treasury of the county in which the court is located.1283

       On the first Monday in January of each year, the clerk shall1284
make a list of the titles of all cases in the court that were1285
finally determined more than one year past in which there remains1286
unclaimed in the possession of the clerk any funds, or any part of1287
a deposit for security of costs not consumed by the costs in the1288
case. The clerk shall give notice of the moneys to the parties1289
who are entitled to the moneys or to their attorneys of record.1290
All the moneys remaining unclaimed on the first day of April of1291
each year shall be paid by the clerk to the city treasurer, except1292
that, in a county-operated municipal court, the moneys shall be1293
paid to the treasurer of the county in which the court is located.1294
The treasurer shall pay any part of the moneys at any time to the1295
person who has the right to the moneys upon proper certification1296
of the clerk.1297

       (H) Deputy clerks may be appointed by the clerk and shall1298
receive the compensation, payable in semimonthly installments out1299
of the city treasury, that the clerk may prescribe, except that1300
the compensation of any deputy clerk of a county-operated1301
municipal court shall be paid out of the treasury of the county in1302
which the court is located. Each deputy clerk shall take an oath1303
of office before entering upon the duties of the deputy clerk's1304
office and, when so qualified, may perform the duties appertaining1305
to the office of the clerk. The clerk may require any of the1306
deputy clerks to give bond of not less than three thousand1307
dollars, conditioned for the faithful performance of the deputy1308
clerk's duties.1309

       (I) For the purposes of this section, whenever the1310
population of the territory of a municipal court falls below one1311
hundred thousand but not below ninety thousand, and the population1312
of the territory prior to the most recent regular federal census1313
exceeded one hundred thousand, the legislative authority of the1314
municipal corporation may declare, by resolution, that the1315
territory shall be considered to have a population of at least one1316
hundred thousand.1317

       (J) The clerk or a deputy clerk shall be in attendance at1318
all sessions of the municipal court, although not necessarily in1319
the courtroom, and may administer oaths to witnesses and jurors1320
and receive verdicts.1321

       Sec. 1905.01.  (A) In all municipal corporations, other than1322
Batavia in Clermont county, not being the site of a municipal1323
court nor a place where a judge of the Auglaize county, Crawford1324
county, Jackson county, Miami county, Portage county, or Wayne1325
county municipal court sits as required pursuant to section1326
1901.021 of the Revised Code or by designation of the judges1327
pursuant to section 1901.021 of the Revised Code, the mayor of the1328
municipal corporation has jurisdiction, except as provided in1329
divisions (B), (C), and (E) of this section and subject to the1330
limitation contained in section 1905.03 and the limitation1331
contained in section 1905.031 of the Revised Code, to hear and1332
determine any prosecution for the violation of an ordinance of the1333
municipal corporation, to hear and determine any case involving a1334
violation of a vehicle parking or standing ordinance of the1335
municipal corporation unless the violation is required to be1336
handled by a parking violations bureau or joint parking violations1337
bureau pursuant to Chapter 4521. of the Revised Code, and to hear1338
and determine all criminal causes involving any moving traffic1339
violation occurring on a state highway located within the1340
boundaries of the municipal corporation, subject to the1341
limitations of sections 2937.08 and 2938.04 of the Revised Code.1342

       (B)(1) In all municipal corporations, other than Batavia in1343
Clermont county, not being the site of a municipal court nor a1344
place where a judge of a court listed in division (A) of this1345
section sits as required pursuant to section 1901.021 of the1346
Revised Code or by designation of the judges pursuant to section1347
1901.021 of the Revised Code, the mayor of the municipal1348
corporation has jurisdiction, subject to the limitation contained1349
in section 1905.03 of the Revised Code, to hear and determine1350
prosecutions involving a violation of an ordinance of the1351
municipal corporation relating to operating a vehicle while under1352
the influence of alcohol, a drug of abuse, or alcohol and a drug1353
of abusecombination of them or relating to operating a vehicle1354
with a prohibited concentration of alcohol in the whole blood,1355
blood serum or plasma, breath, or urine, and to hear and determine1356
criminal causes involving a violation of section 4511.19 of the1357
Revised Code that occur on a state highway located within the1358
boundaries of the municipal corporation, subject to the1359
limitations of sections 2937.08 and 2938.04 of the Revised Code,1360
only if the person charged with the violation, within six years of1361
the date of the violation charged, has not been convicted of or1362
pleaded guilty to any of the following:1363

       (a) A violation of an ordinance of any municipal corporation1364
relating to operating a vehicle while under the influence of1365
alcohol, a drug of abuse, or alcohol and a drug of abuse1366
combination of them or relating to operating a vehicle with a1367
prohibited concentration of alcohol in the whole blood, blood1368
serum or plasma, breath, or urine;1369

       (b) A violation of section 4511.19 of the Revised Code;1370

       (c) A violation of any ordinance of any municipal1371
corporation or of any section of the Revised Code that regulates1372
the operation of vehicles, streetcars, and trackless trolleys upon1373
the highways or streets, in relation to which all of the following1374
apply:1375

       (i) The person, in the case in which the conviction was1376
obtained or the plea of guilty was entered, had been charged with1377
a violation of an ordinance of any municipal corporation relating1378
to operating a vehicle while under the influence of alcohol, a1379
drug of abuse, or alcohol and a drug of abuse or relating to1380
operating a vehicle with a prohibited concentration of alcohol in1381
the blood, breath, or urinea type described in division (B)(1)(a)1382
of this section, or with a violation of section 4511.19 of the1383
Revised Code;1384

       (ii) The charge of the violation described in division1385
(B)(1)(c)(i) of this section was dismissed or reduced;1386

       (iii) The violation of which the person was convicted or to1387
which the person pleaded guilty arose out of the same facts and1388
circumstances and the same act as did the charge that was1389
dismissed or reduced.1390

       (d) A violation of a statute of the United States or of any1391
other state or a municipal ordinance of a municipal corporation1392
located in any other state that is substantially similar to1393
section 4511.19 of the Revised Code.1394

       (2) The mayor of a municipal corporation does not have1395
jurisdiction to hear and determine any prosecution or criminal1396
cause involving a violation described in division (B)(1)(a) or (b)1397
of this section, regardless of where the violation occurred, if1398
the person charged with the violation, within six years of the1399
violation charged, has been convicted of or pleaded guilty to any1400
violation listed in division (B)(1)(a), (b), (c), or (d) of this1401
section.1402

       If the mayor of a municipal corporation, in hearing a1403
prosecution involving a violation of an ordinance of the municipal1404
corporation the mayor serves relating to operating a vehicle while1405
under the influence of alcohol, a drug of abuse, or alcohol and a1406
drug of abusecombination of them or relating to operating a1407
vehicle with a prohibited concentration of alcohol in the whole1408
blood, blood serum or plasma, breath, or urine, or in hearing a1409
criminal cause involving a violation of section 4511.19 of the1410
Revised Code, determines that the person charged, within six years1411
of the violation charged, has been convicted of or pleaded guilty1412
to any violation listed in division (B)(1)(a), (b), (c), or (d) of1413
this section, the mayor immediately shall transfer the case to the1414
county court or municipal court with jurisdiction over the1415
violation charged, in accordance with section 1905.032 of the1416
Revised Code.1417

       (C)(1) In all municipal corporations, other than Batavia in1418
Clermont county, not being the site of a municipal court and not1419
being a place where a judge of a court listed in division (A) of1420
this section sits as required pursuant to section 1901.021 of the1421
Revised Code or by designation of the judges pursuant to section1422
1901.021 of the Revised Code, the mayor of the municipal1423
corporation, subject to sections 1901.031, 2937.08, and 2938.04 of1424
the Revised Code, has jurisdiction to hear and determine1425
prosecutions involving a violation of a municipal ordinance that1426
is substantially equivalent to division (B)(1) or (D)(2) of(A)of1427
section 4510.14 or section 4507.024510.16 of the Revised Code and1428
to hear and determine criminal causes that involve a moving1429
traffic violation, that involve a violation of division (B)(1) or1430
(D)(2) of(A)of section 4510.14 or section 4507.024510.16 of the1431
Revised Code, and that occur on a state highway located within the1432
boundaries of the municipal corporation only if all of the1433
following apply regarding the violation and the person charged:1434

       (a) Regarding a violation of division (B)(1) of section1435
4507.024510.16 of the Revised Code or a violation of a municipal1436
ordinance that is substantially equivalent to that division, the1437
person charged with the violation, within five years of the date1438
of the violation charged, has not been convicted of or pleaded1439
guilty to any of the following:1440

       (i) A violation of division (B)(1) of section 4507.021441
4510.16 of the Revised Code;1442

       (ii) A violation of a municipal ordinance that is1443
substantially equivalent to division (B)(1) of section 4507.021444
4510.16 of the Revised Code;1445

       (iii) A violation of any municipal ordinance or section of1446
the Revised Code that regulates the operation of vehicles,1447
streetcars, and trackless trolleys upon the highways or streets,1448
in a case in which, after a charge against the person of a1449
violation of a type described in division (C)(1)(a)(i) or (ii) of1450
this section was dismissed or reduced, the person is convicted of1451
or pleads guilty to a violation that arose out of the same facts1452
and circumstances and the same act as did the charge that was1453
dismissed or reduced.1454

       (b) Regarding a violation of division (D)(2)(A) of section1455
4507.024510.14 of the Revised Code or a violation of a municipal1456
ordinance that is substantially equivalent to that division, the1457
person charged with the violation, within five years of the date1458
of the violation charged, has not been convicted of or pleaded1459
guilty to any of the following:1460

       (i) A violation of division (D)(2)(A) of section 4507.021461
4510.14 of the Revised Code;1462

       (ii) A violation of a municipal ordinance that is1463
substantially equivalent to division (D)(2)(A) of section 4507.021464
4510.14 of the Revised Code;1465

       (iii) A violation of any municipal ordinance or section of1466
the Revised Code that regulates the operation of vehicles,1467
streetcars, and trackless trolleys upon the highways or streets in1468
a case in which, after a charge against the person of a violation1469
of a type described in division (C)(1)(b)(i) or (ii) of this1470
section was dismissed or reduced, the person is convicted of or1471
pleads guilty to a violation that arose out of the same facts and1472
circumstances and the same act as did the charge that was1473
dismissed or reduced.1474

       (2) The mayor of a municipal corporation does not have1475
jurisdiction to hear and determine any prosecution or criminal1476
cause involving a violation described in division (C)(1)(a)(i) or1477
(ii) of this section if the person charged with the violation,1478
within five years of the violation charged, has been convicted of1479
or pleaded guilty to any violation listed in division1480
(C)(1)(a)(i), (ii), or (iii) of this section and does not have1481
jurisdiction to hear and determine any prosecution or criminal1482
cause involving a violation described in division (C)(1)(b)(i) or1483
(ii) of this section if the person charged with the violation,1484
within five years of the violation charged, has been convicted of1485
or pleaded guilty to any violation listed in division1486
(C)(1)(b)(i), (ii), or (iii) of this section.1487

       (3) If the mayor of a municipal corporation, in hearing a1488
prosecution involving a violation of an ordinance of the municipal1489
corporation the mayor serves that is substantially equivalent to1490
division (B)(1) or (D)(2) of(A)of section 4510.14 or section1491
4507.024510.16 of the Revised Code or a violation of division1492
(B)(1) or (D)(2) of(A)of section 4510.14 or section 4507.021493
4510.16 of the Revised Code, determines that, under division1494
(C)(2) of this section, mayors do not have jurisdiction of the1495
prosecution, the mayor immediately shall transfer the case to the1496
county court or municipal court with jurisdiction over the1497
violation in accordance with section 1905.032 of the Revised Code.1498

       (D) If the mayor of a municipal corporation has jurisdiction1499
pursuant to division (B)(1) of this section to hear and determine1500
a prosecution or criminal cause involving a violation described in1501
division (B)(1)(a) or (b) of this section, the authority of the1502
mayor to hear or determine the prosecution or cause is subject to1503
the limitation contained in division (C) of section 1905.03 of the1504
Revised Code. If the mayor of a municipal corporation has1505
jurisdiction pursuant to division (A) or (C) of this section to1506
hear and determine a prosecution or criminal cause involving a1507
violation other than a violation described in division (B)(1)(a)1508
or (b) of this section, the authority of the mayor to hear or1509
determine the prosecution or cause is subject to the limitation1510
contained in division (C) of section 1905.031 of the Revised Code.1511

       (E)(1) The mayor of a municipal corporation does not have1512
jurisdiction to hear and determine any prosecution or criminal1513
cause involving any of the following:1514

       (a) A violation of section 2919.25 or 2919.27 of the Revised1515
Code;1516

       (b) A violation of section 2903.11, 2903.12, 2903.13,1517
2903.211, or 2911.211 of the Revised Code that involves a person1518
who was a family or household member of the defendant at the time1519
of the violation;1520

       (c) A violation of a municipal ordinance that is1521
substantially equivalent to an offense described in division1522
(E)(1)(a) or (b) of this section and that involves a person who1523
was a family or household member of the defendant at the time of1524
the violation.1525

       (2) The mayor of a municipal corporation does not have1526
jurisdiction to hear and determine a motion filed pursuant to1527
section 2919.26 of the Revised Code or filed pursuant to a1528
municipal ordinance that is substantially equivalent to that1529
section or to issue a protection order pursuant to that section or1530
a substantially equivalent municipal ordinance.1531

       (3) As used in this section, "family or household member"1532
has the same meaning as in section 2919.25 of the Revised Code.1533

       (F) In keeping a docket and files, the mayor, and a mayor's1534
court magistrate appointed under section 1905.05 of the Revised1535
Code, shall be governed by the laws pertaining to county courts.1536

       Sec. 1905.201.  The mayor of a municipal corporation that has1537
a mayor's court, and a mayor's court magistrate, are entitled to1538
suspend or revoke, and shall suspend or revoke, in accordance with1539
division (B) of section 4507.16sections 4510.02, 4510.07, and1540
4511.19 of the Revised Code, the driver's or commercial driver's1541
license or permit or nonresident operating privilege of any person1542
who is convicted of or pleads guilty to a violation of division1543
(A) of section 4511.19 of the Revised Code, of a municipal1544
ordinance relating to operating a vehicle while under the1545
influence of alcohol, a drug of abuse, or alcohol and a drug of1546
abusea combination of them, or of a municipal ordinance relating1547
to operating a vehicle with a prohibited concentration of alcohol1548
in the whole blood, blood serum or plasma, breath, or urine that1549
is substantially equivalent to division (A) of section 4511.19 of1550
the Revised Code. The mayor of a municipal corporation that has a1551
mayor's court, and a mayor's court magistrate, are entitled to1552
suspend, and shall suspend, in accordance with division (E) of1553
section 4507.16sections 4510.02, 4510.07, and 4511.19 of the1554
Revised Code, the driver's, or commercial driver's license or1555
permit or nonresident operating privilege of any person who is1556
convicted of or pleads guilty to a violation of division (B) of1557
section 4511.19 of the Revised Code or of a municipal ordinance1558
relating to operating a vehicle with a prohibited concentration of1559
alcohol in the whole blood, blood serum or plasma, breath, or1560
urine that is substantially equivalent to division (B) of section1561
4511.19 of the Revised Code.1562

       Suspension of a commercial driver's license under this1563
section shall be concurrent with any period of disqualification or1564
suspension under section 3123.58, 3123.611, or 4506.16 of the1565
Revised Code or period of suspension under section 3123.58 of the1566
Revised Code. No person who is disqualified for life from holding1567
a commercial driver's license under section 4506.16 of the Revised1568
Code shall be issued a driver's license under Chapter 4507. of the1569
Revised Code during the period for which the commercial driver's1570
license was suspended under this section, and no person whose1571
commercial driver's license is suspended under this section shall1572
be issued a driver's license under Chapter 4507. of the Revised1573
Code during the period of the suspension.1574

       Sec. 1907.20.  (A) The clerk of courts shall be the clerk of1575
the county court, except that the board of county commissioners,1576
with the concurrence of the county court judges, may appoint a1577
clerk for each county court judge, who shall serve at the pleasure1578
of the board and shall receive compensation as set by the board,1579
payable in semimonthly installments from the treasury of the1580
county. An appointed clerk, before entering upon the duties of1581
the office, shall give bond of not less than five thousand1582
dollars, as determined by the board of county commissioners,1583
conditioned upon the faithful performance of the clerk's duties.1584

       The clerks of courts of common pleas, when acting as the1585
clerks of county courts, and upon assuming their county court1586
duties, shall receive compensation at one-fourth the rate1587
prescribed for the clerks of courts of common pleas as determined1588
in accordance with the population of the county and the rates set1589
forth in sections 325.08 and 325.18 of the Revised Code. This1590
compensation shall be paid from the county treasury in semimonthly1591
installments and is in addition to the annual compensation1592
received for the performance of the duties of the clerk of a court1593
of common pleas as provided in sections 325.08 and 325.18 of the1594
Revised Code.1595

       (B) The clerk of a county court shall have general powers to1596
administer oaths, take affidavits, and issue executions upon any1597
judgment rendered in the county court, including a judgment for1598
unpaid costs, power to issue and sign all writs, process,1599
subpoenas, and papers issuing out of the court, and to attach the1600
seal of the court to them, and power to approve all bonds,1601
sureties, recognizances, and undertakings fixed by any judge of1602
the court or by law. The clerk shall file and safely keep all1603
journals, records, books, and papers belonging or appertaining to1604
the court, record its proceedings, perform all other duties that1605
the judges of the court may prescribe, and keep a book showing all1606
receipts and disbursements, which shall be open for public1607
inspection at all times. The clerk may refuse to accept for1608
filing any pleading or paper submitted for filing by a person who1609
has been found to be a vexatious litigator under section 2323.521610
of the Revised Code and who has failed to obtain leave to proceed1611
under that section.1612

       The clerk shall prepare and maintain a general index, a1613
docket as prescribed by the court, which shall be furnished by the1614
board of county commissioners, and such other records as the1615
court, by rule, requires, all of which shall be the public records1616
of the court. In the docket, the clerk shall enter at times of1617
the commencement of an action, the names of the parties in full,1618
the names of the counsel, and the nature of the proceedings. Under1619
proper dates, the clerk shall note the filing of the complaint,1620
issuing of summons or other process, returns, and pleadings1621
subsequent thereto. The clerk also shall enter all reports,1622
verdicts, orders, judgments, and proceedings of the court, clearly1623
specifying the relief granted or orders made in each action. The1624
court may order an extended record of any of the above to be made1625
and entered, under the proper action heading, upon the docket at1626
the request of any party to the case, the expense of which may be1627
taxed as costs in the case or may be required to be prepaid by the1628
party demanding the extended record, upon order of the court.1629

       (C) The clerk of a county court shall receive and collect1630
all costs, fees, fines, penalties, bail, and other moneys payable1631
to the office or to any officer of the court and issue receipts1632
therefor, and shall each month disburse the costs, fees, fines,1633
penalties, bail, and other moneys to the proper persons or1634
officers and take receipts therefor. Subject to sections 3375.51,1635
3375.53, 4511.19, 4511.193, and 4511.995503.04 of the Revised1636
Code and all other statutes that require a different distribution1637
of fines, fines received for violations of municipal ordinances1638
shall be paid into the treasury of the municipal corporation whose1639
ordinance was violated, fines received for violations of township1640
resolutions adopted pursuant to Chapter 504. of the Revised Code1641
shall be paid into the treasury of the township whose resolution1642
was violated, and fines collected for the violation of state laws1643
shall be paid into the county treasury. Moneys deposited as1644
security for costs shall be retained pending the litigation.1645

       The clerk shall keep a separate account of all receipts and1646
disbursements in civil and criminal cases. The separate account1647
shall be a permanent public record of the office. On the1648
expiration of a clerk's term, those records shall be delivered to1649
the clerk's successor.1650

       The clerk shall have such other powers and duties as are1651
prescribed by rule or order of the court.1652

       (D) All moneys paid into a county court shall be noted on1653
the record of the case in which they are paid and shall be1654
deposited in a state or national bank selected by the clerk. On1655
the first Monday in January of each year, the clerk shall make a1656
list of the titles of all cases in the county court that were1657
finally determined more than one year past in which there remains1658
unclaimed in the possession of the clerk any funds, or any part of1659
a deposit for security of costs not consumed by the costs in the1660
case. The clerk shall give notice of the moneys to the parties1661
entitled to them or to their attorneys of record. All the moneys1662
remaining unclaimed on the first day of April of each year shall1663
be paid by the clerk to the county treasurer. Any part of the1664
moneys shall be paid by the county treasurer at any time to the1665
person having the right to them, upon proper certification of the1666
clerk.1667

       (E)(1) In county court districts having appointed clerks,1668
deputy clerks may be appointed by the board of county1669
commissioners. Clerks and deputy clerks shall receive such1670
compensation payable in semimonthly installments out of the county1671
treasury as the board may prescribe. Each deputy clerk shall take1672
an oath of office before entering upon the duties of the deputy1673
clerk's office and, when so qualified, may perform the duties1674
appertaining to the office of the clerk. The clerk may require1675
any of the deputy clerks to give bond of not less than three1676
thousand dollars, conditioned for the faithful performance of the1677
deputy clerk's duties.1678

       (2) A clerk of courts acting as clerk of the county court1679
may appoint deputy clerks to perform the duties pertaining to the1680
office of clerk of the county court. Each deputy clerk shall take1681
an oath of office before entering upon the deputy clerk's duties,1682
and the clerk of courts may require the deputy clerk to give bond1683
of not less than three thousand dollars, conditioned for the1684
faithful performance of the deputy clerk's duties.1685

       (3) The clerk or a deputy clerk of a county court shall be1686
in attendance at all sessions of the court, although not1687
necessarily in the courtroom, and may administer oaths to1688
witnesses and jurors and receive verdicts.1689

       (F)(1) In county court districts having appointed clerks,1690
the board of county commissioners may order the establishment of1691
one or more branch offices of the clerk and, with the concurrence1692
of the county judges, may appoint a special deputy clerk to1693
administer each branch office. Each special deputy clerk shall1694
take an oath of office before entering upon the duties of the1695
deputy clerk's office and, when so qualified, may perform any one1696
or more of the duties appertaining to the office of clerk, as the1697
board prescribes. Special deputy clerks shall receive such1698
compensation payable in semimonthly installments out of the county1699
treasury as the board may prescribe. The board may require any of1700
the special deputy clerks to give bond of not less than three1701
thousand dollars, conditioned for the faithful performance of the1702
deputy clerk's duties.1703

       The board of county commissioners may authorize the clerk of1704
the county court to operate one or more branch offices, to divide1705
the clerk's time between the offices, and to perform duties1706
appertaining to the office of clerk in locations that the board1707
prescribes.1708

       (2) A clerk of courts acting as clerk of the county court1709
may establish one or more branch offices for the clerk's duties as1710
clerk of the county court and, with the concurrence of the county1711
court judges, may appoint a special deputy clerk to administer1712
each branch office. Each special deputy clerk shall take an oath1713
of office before entering upon the deputy clerk's duties and, when1714
so qualified, may perform any of the duties pertaining to the1715
office of clerk, as the clerk of courts prescribes. The clerk of1716
courts may require any of the special deputy clerks to give bond1717
of not less than three thousand dollars, conditioned for the1718
faithful performance of the deputy clerk's duties.1719

       (G) The clerk of courts of the county shall fix the1720
compensation of deputy clerks and special deputy clerks appointed1721
by the clerk pursuant to this section. Those personnel shall be1722
paid and be subject to the same requirements as other employees of1723
the clerk under the provisions of section 325.17 of the Revised1724
Code insofar as that section is applicable.1725

       Sec. 2151.354.  (A) If the child is adjudicated an unruly1726
child, the court may:1727

       (1) Make any of the dispositions authorized under section1728
2151.353 of the Revised Code;1729

       (2) Place the child on community control under any1730
sanctions, services, and conditions that the court prescribes, as1731
described in division (A)(3) of section 2152.19 of the Revised1732
Code;1733

       (3) Suspend or revoke the driver's license, probationary1734
driver's license, or temporary instruction permit issued to the1735
child for a period of time prescribed by the court and suspend or1736
revoke the registration of all motor vehicles registered in the1737
name of the child for a period of time prescribed by the court. A1738
child whose license or permit is so suspended or revoked is1739
ineligible for issuance of a license or permit during the period1740
of suspension or revocation. At the end of the period of1741
suspension or revocation, the child shall not be reissued a1742
license or permit until the child has paid any applicable1743
reinstatement fee and complied with all requirements governing1744
license reinstatement.1745

       (4) Commit the child to the temporary or permanent custody1746
of the court;1747

       (5) If, after making a disposition under division (A)(1),1748
(2), or (3) of this section, the court finds upon further hearing1749
that the child is not amenable to treatment or rehabilitation1750
under that disposition, make a disposition otherwise authorized1751
under divisions (A)(1), (3), (4), and (7) of section 2152.19 of1752
the Revised Code, except that the child may not be committed to or1753
placed in a secure correctional facility, and commitment to or1754
placement in a detention facility may not exceed twenty-four1755
hours unless authorized by division (B)(3) of section 2151.312 or1756
sections 2151.56 to 2151.61 of the Revised Code.1757

       (B) If a child is adjudicated an unruly child for committing1758
any act that, if committed by an adult, would be a drug abuse1759
offense, as defined in section 2925.01 of the Revised Code, or a1760
violation of division (B) of section 2917.11 of the Revised Code,1761
then, in addition to imposing, in its discretion, any other order1762
of disposition authorized by this section, the court shall do both1763
of the following:1764

       (1) Require the child to participate in a drug abuse or1765
alcohol abuse counseling program;1766

       (2) Suspend or revoke the temporary instruction permit,1767
probationary driver's license, or driver's license issued to the1768
child for a period of time prescribed by the court or, at the1769
discretion of the court, until. The court, in its discretion, may1770
terminate the suspension if the child attends and satisfactorily1771
completes a drug abuse or alcohol abuse education, intervention,1772
or treatment program specified by the court. During the time the1773
child is attending thea program as described in this division,1774
the court shall retain anythe child's temporary instruction1775
permit, probationary driver's license, or driver's license issued1776
to the child, and the court shall return the permit or license1777
when the child satisfactorily completes the programif it1778
terminates the suspension.1779

       (C)(1) If a child is adjudicated an unruly child for being1780
an habitual truant, in addition to or in lieu of imposing any1781
other order of disposition authorized by this section, the court1782
may do any of the following:1783

       (a) Order the board of education of the child's school1784
district or the governing board of the educational service center1785
in the child's school district to require the child to attend an1786
alternative school if an alternative school has been established1787
pursuant to section 3313.533 of the Revised Code in the school1788
district in which the child is entitled to attend school;1789

       (b) Require the child to participate in any academic program1790
or community service program;1791

       (c) Require the child to participate in a drug abuse or1792
alcohol abuse counseling program;1793

       (d) Require that the child receive appropriate medical or1794
psychological treatment or counseling;1795

       (e) Make any other order that the court finds proper to1796
address the child's habitual truancy, including an order requiring1797
the child to not be absent without legitimate excuse from the1798
public school the child is supposed to attend for five or more1799
consecutive days, seven or more school days in one school month,1800
or twelve or more school days in a school year and including an1801
order requiring the child to participate in a truancy prevention1802
mediation program.1803

       (2) If a child is adjudicated an unruly child for being an1804
habitual truant and the court determines that the parent,1805
guardian, or other person having care of the child has failed to1806
cause the child's attendance at school in violation of section1807
3321.38 of the Revised Code, in addition to any order of1808
disposition authorized by this section, all of the following1809
apply:1810

       (a) The court may require the parent, guardian, or other1811
person having care of the child to participate in any community1812
service program, preferably a community service program that1813
requires the involvement of the parent, guardian, or other person1814
having care of the child in the school attended by the child.1815

       (b) The court may require the parent, guardian, or other1816
person having care of the child to participate in a truancy1817
prevention mediation program.1818

       (c) The court shall warn the parent, guardian, or other1819
person having care of the child that any subsequent adjudication1820
of the child as an unruly or delinquent child for being an1821
habitual or chronic truant may result in a criminal charge against1822
the parent, guardian, or other person having care of the child for1823
a violation of division (C) of section 2919.21 or section 2919.241824
of the Revised Code.1825

       Sec. 2152.19.  (A) If a child is adjudicated a delinquent1826
child, the court may make any of the following orders of1827
disposition, in addition to any other disposition authorized or1828
required by this chapter:1829

       (1) Any order that is authorized by section 2151.353 of the1830
Revised Code for the care and protection of an abused, neglected,1831
or dependent child.1832

       (2) Commit the child to the temporary custody of any school,1833
camp, institution, or other facility operated for the care of1834
delinquent children by the county, by a district organized under1835
section 2152.41 or 2151.65 of the Revised Code, or by a private1836
agency or organization, within or without the state, that is1837
authorized and qualified to provide the care, treatment, or1838
placement required;1839

       (3) Place the child on community control under any1840
sanctions, services, and conditions that the court prescribes. As1841
a condition of community control in every case and in addition to1842
any other condition that it imposes upon the child, the court1843
shall require the child to abide by the law during the period of1844
community control. As referred to in this division, community1845
control includes, but is not limited to, the following sanctions1846
and conditions:1847

       (a) A period of basic probation supervision in which the1848
child is required to maintain contact with a person appointed to1849
supervise the child in accordance with sanctions imposed by the1850
court;1851

       (b) A period of intensive probation supervision in which the1852
child is required to maintain frequent contact with a person1853
appointed by the court to supervise the child while the child is1854
seeking or maintaining employment and participating in training,1855
education, and treatment programs as the order of disposition;1856

       (c) A period of day reporting in which the child is required1857
each day to report to and leave a center or another approved1858
reporting location at specified times in order to participate in1859
work, education or training, treatment, and other approved1860
programs at the center or outside the center;1861

       (d) A period of community service of up to five hundred1862
hours for an act that would be a felony or a misdemeanor of the1863
first degree if committed by an adult, up to two hundred hours for1864
an act that would be a misdemeanor of the second, third, or fourth1865
degree if committed by an adult, or up to thirty hours for an act1866
that would be a minor misdemeanor if committed by an adult;1867

       (e) A requirement that the child obtain a high school1868
diploma, a certificate of high school equivalence, vocational1869
training, or employment;1870

       (f) A period of drug and alcohol use monitoring;1871

       (g) A requirement of alcohol or drug assessment or1872
counseling, or a period in an alcohol or drug treatment program1873
with a level of security for the child as determined necessary by1874
the court;1875

       (h) A period in which the court orders the child to observe1876
a curfew that may involve daytime or evening hours;1877

       (i) A requirement that the child serve monitored time;1878

       (j) A period of house arrest with or without electronic1879
monitoring;1880

       (k) A period of electronic monitoring without house arrest or1881
electronically monitored house arrest that does not exceed the1882
maximum sentence of imprisonment that could be imposed upon an1883
adult who commits the same act.1884

       A period of electronically monitored house arrest imposed1885
under this division shall not extend beyond the child's1886
twenty-first birthday. If a court imposes a period of1887
electronically monitored house arrest upon a child under this1888
division, it shall require the child: to wear, otherwise have1889
attached to the child's person, or otherwise be subject to1890
monitoring by a certified electronic monitoring device or to1891
participate in the operation of and monitoring by a certified1892
electronic monitoring system; to remain in the child's home or1893
other specified premises for the entire period of electronically1894
monitored house arrest except when the court permits the child to1895
leave those premises to go to school or to other specified1896
premises; to be monitored by a central system that can determine1897
the child's location at designated times; to report periodically1898
to a person designated by the court; and to enter into a written1899
contract with the court agreeing to comply with all requirements1900
imposed by the court, agreeing to pay any fee imposed by the court1901
for the costs of the electronically monitored house arrest, and1902
agreeing to waive the right to receive credit for any time served1903
on electronically monitored house arrest toward the period of any1904
other dispositional order imposed upon the child if the child1905
violates any of the requirements of the dispositional order of1906
electronically monitored house arrest. The court also may impose1907
other reasonable requirements upon the child.1908

       Unless ordered by the court, a child shall not receive credit1909
for any time served on electronically monitored house arrest1910
toward any other dispositional order imposed upon the child for1911
the act for which was imposed the dispositional order of1912
electronically monitored house arrest.1913

       (l) A suspension of the driver's license, probationary1914
driver's license, or temporary instruction permit issued to the1915
child for a period of time prescribed by the court, or a 1916
suspension of the registration of all motor vehicles registered in 1917
the name of the child for a period of time prescribed by the 1918
court. A child whose license or permit is so suspended is1919
ineligible for issuance of a license or permit during the period1920
of suspension. At the end of the period of suspension, the child1921
shall not be reissued a license or permit until the child has paid1922
any applicable reinstatement fee and complied with all1923
requirements governing license reinstatement.1924

       (4) Commit the child to the custody of the court;1925

       (5) Require the child to not be absent without legitimate1926
excuse from the public school the child is supposed to attend for1927
five or more consecutive days, seven or more school days in one1928
school month, or twelve or more school days in a school year;1929

       (6)(a) If a child is adjudicated a delinquent child for1930
being a chronic truant or an habitual truant who previously has1931
been adjudicated an unruly child for being a habitual truant, do1932
either or both of the following:1933

       (i) Require the child to participate in a truancy prevention1934
mediation program;1935

       (ii) Make any order of disposition as authorized by this1936
section, except that the court shall not commit the child to a1937
facility described in division (A)(2) of this section unless the1938
court determines that the child violated a lawful court order made1939
pursuant to division (C)(1)(e) of section 2151.354 of the Revised1940
Code or division (A)(5) of this section.1941

       (b) If a child is adjudicated a delinquent child for being a1942
chronic truant or a habitual truant who previously has been1943
adjudicated an unruly child for being a habitual truant and the1944
court determines that the parent, guardian, or other person having1945
care of the child has failed to cause the child's attendance at1946
school in violation of section 3321.38 of the Revised Code, do1947
either or both of the following:1948

       (i) Require the parent, guardian, or other person having1949
care of the child to participate in a truancy prevention mediation1950
program;1951

       (ii) Require the parent, guardian, or other person having1952
care of the child to participate in any community service program,1953
preferably a community service program that requires the1954
involvement of the parent, guardian, or other person having care1955
of the child in the school attended by the child.1956

       (7) Make any further disposition that the court finds1957
proper, except that the child shall not be placed in any of the1958
following:1959

       (a) A state correctional institution, a county, multicounty,1960
or municipal jail or workhouse, or another place in which an adult1961
convicted of a crime, under arrest, or charged with a crime is1962
held;1963

       (b) A community corrections facility, if the child would be1964
covered by the definition of public safety beds for purposes of1965
sections 5139.41 to 5139.45 of the Revised Code if the court1966
exercised its authority to commit the child to the legal custody1967
of the department of youth services for institutionalization or1968
institutionalization in a secure facility pursuant to this1969
chapter.1970

       (B) If a child is adjudicated a delinquent child, in1971
addition to any order of disposition made under division (A) of1972
this section, the court, in the following situations and for the1973
specified period of time, shall suspend the child's temporary1974
instruction permit, restricted license, probationary driver's1975
license, or nonresident operating privilege, or suspend the1976
child's ability to obtain such a permit:1977

       (1) TheIf the child is adjudicated a delinquent child for1978
violating section 2923.122 of the Revised Code, with the1979
suspension and denial beingimpose a class four suspension of the1980
child's license, permit, or privilege from the range specified in1981
division (A)(4) of section 4510.02 of the Revised Code or deny the1982
child the issuance of a license or permit in accordance with1983
division (E)(F)(1)(a), (c), (d), or (e) of section 2923.122 of the1984
Revised Code.1985

       (2) TheIf the child is adjudicated a delinquent child for1986
committing an act that if committed by an adult would be a drug1987
abuse offense or for violating division (B) of section 2917.11 of1988
the Revised Code, withsuspend the child's license, permit, or1989
privilege for a period of time prescribed by the court. The1990
court, in its discretion, may terminate the suspension continuing1991
untilif the child attends and satisfactorily completes a drug1992
abuse or alcohol abuse education, intervention, or treatment1993
program specified by the court. During the time the child is1994
attending thea program as described in this division, the court1995
shall retain anythe child's temporary instruction permit,1996
probationary driver's license, or driver's license issued to the1997
child, and the court shall return the permit or license when the1998
child satisfactorily completes the programif it terminates the1999
suspension as described in this division.2000

       (C) The court may establish a victim-offender mediation2001
program in which victims and their offenders meet to discuss the2002
offense and suggest possible restitution. If the court obtains2003
the assent of the victim of the delinquent act committed by the2004
child, the court may require the child to participate in the2005
program.2006

       (D)(1) If a child is adjudicated a delinquent child for2007
committing an act that would be a felony if committed by an adult2008
and if the child caused, attempted to cause, threatened to cause,2009
or created a risk of physical harm to the victim of the act, the2010
court, prior to issuing an order of disposition under this2011
section, shall order the preparation of a victim impact statement2012
by the probation department of the county in which the victim of2013
the act resides, by the court's own probation department, or by a2014
victim assistance program that is operated by the state, a county,2015
a municipal corporation, or another governmental entity. The court2016
shall consider the victim impact statement in determining the2017
order of disposition to issue for the child.2018

       (2) Each victim impact statement shall identify the victim2019
of the act for which the child was adjudicated a delinquent child,2020
itemize any economic loss suffered by the victim as a result of2021
the act, identify any physical injury suffered by the victim as a2022
result of the act and the seriousness and permanence of the2023
injury, identify any change in the victim's personal welfare or2024
familial relationships as a result of the act and any2025
psychological impact experienced by the victim or the victim's2026
family as a result of the act, and contain any other information2027
related to the impact of the act upon the victim that the court2028
requires.2029

       (3) A victim impact statement shall be kept confidential and2030
is not a public record. However, the court may furnish copies of2031
the statement to the department of youth services if the2032
delinquent child is committed to the department or to both the2033
adjudicated delinquent child or the adjudicated delinquent child's2034
counsel and the prosecuting attorney. The copy of a victim impact2035
statement furnished by the court to the department pursuant to2036
this section shall be kept confidential and is not a public2037
record. The copies of a victim impact statement that are made2038
available to the adjudicated delinquent child or the adjudicated2039
delinquent child's counsel and the prosecuting attorney pursuant2040
to this division shall be returned to the court by the person to2041
whom they were made available immediately following the imposition2042
of an order of disposition for the child under this chapter.2043

       (4) The department of youth services shall work with local2044
probation departments and victim assistance programs to develop a2045
standard victim impact statement.2046

       (E) If a child is adjudicated a delinquent child for being a2047
chronic truant or an habitual truant who previously has been2048
adjudicated an unruly child for being an habitual truant and the2049
court determines that the parent, guardian, or other person having2050
care of the child has failed to cause the child's attendance at2051
school in violation of section 3321.38 of the Revised Code, in2052
addition to any order of disposition it makes under this section,2053
the court shall warn the parent, guardian, or other person having2054
care of the child that any subsequent adjudication of the child as2055
an unruly or delinquent child for being an habitual or chronic2056
truant may result in a criminal charge against the parent,2057
guardian, or other person having care of the child for a violation2058
of division (C) of section 2919.21 or section 2919.24 of the2059
Revised Code.2060

       (F)(1) During the period of a delinquent child's community2061
control granted under this section, authorized probation officers2062
who are engaged within the scope of their supervisory duties or2063
responsibilities may search, with or without a warrant, the person2064
of the delinquent child, the place of residence of the delinquent2065
child, and a motor vehicle, another item of tangible or intangible2066
personal property, or other real property in which the delinquent2067
child has a right, title, or interest or for which the delinquent2068
child has the express or implied permission of a person with a2069
right, title, or interest to use, occupy, or possess if the2070
probation officers have reasonable grounds to believe that the2071
delinquent child is not abiding by the law or otherwise is not2072
complying with the conditions of the delinquent child's community2073
control. The court that places a delinquent child on community2074
control under this section shall provide the delinquent child with2075
a written notice that informs the delinquent child that authorized2076
probation officers who are engaged within the scope of their2077
supervisory duties or responsibilities may conduct those types of2078
searches during the period of community control if they have2079
reasonable grounds to believe that the delinquent child is not2080
abiding by the law or otherwise is not complying with the2081
conditions of the delinquent child's community control. The court2082
also shall provide the written notice described in division (E)(2)2083
of this section to each parent, guardian, or custodian of the2084
delinquent child who is described in that division.2085

       (2) The court that places a child on community control under2086
this section shall provide the child's parent, guardian, or other2087
custodian with a written notice that informs them that authorized2088
probation officers may conduct searches pursuant to division2089
(E)(1) of this section. The notice shall specifically state that2090
a permissible search might extend to a motor vehicle, another item2091
of tangible or intangible personal property, or a place of2092
residence or other real property in which a notified parent,2093
guardian, or custodian has a right, title, or interest and that2094
the parent, guardian, or custodian expressly or impliedly permits2095
the child to use, occupy, or possess.2096

       Sec.  2152.21.  (A) Unless division (C) of this section2097
applies, if a child is adjudicated a juvenile traffic offender,2098
the court may make any of the following orders of disposition:2099

       (1) Impose costs and one or more financial sanctions in2100
accordance with section 2152.20 of the Revised Code;2101

       (2) Suspend the child's driver's license, probationary2102
driver's license, or temporary instruction permit for a definite2103
period not exceeding two years or suspend the registration of all2104
motor vehicles registered in the name of the child for a definite2105
period not exceeding two years. A child whose license or permit2106
is so suspended is ineligible for issuance of a license or permit2107
during the period of suspension. At the end of the period of2108
suspension, the child shall not be reissued a license or permit2109
until the child has paid any applicable reinstatement fee and2110
complied with all requirements governing license reinstatement.2111

       (3) Place the child on community control;2112

       (4) Require the child to make restitution for all damages2113
caused by the child's traffic violation;2114

       (5)(a) If the child is adjudicated a juvenile traffic2115
offender for committing a violation of division (A) of section2116
4511.19 of the Revised Code or of a municipal ordinance that is2117
substantially equivalent to that division, commit the child, for2118
not longer than five days, to either of the following:2119

       (i) To theThe temporary custody of a detention facility or2120
district detention facility established under section 2152.41 of2121
the Revised Code;2122

       (ii) To theThe temporary custody of any school, camp,2123
institution, or other facility for children operated in whole or2124
in part for the care of juvenile traffic offenders of that nature2125
by the county, by a district organized under section 2152.41 or2126
2151.65 of the Revised Code, or by a private agency or2127
organization within the state that is authorized and qualified to2128
provide the care, treatment, or placement required.2129

       (b) If an order of disposition committing a child to the2130
temporary custody of a home, school, camp, institution, or other2131
facility of that nature is made under division (A)(5)(a) of this2132
section, the length of the commitment shall not be reduced or2133
diminished as a credit for any time that the child was held in a2134
place of detention or shelter care, or otherwise was detained,2135
prior to entry of the order of disposition.2136

       (6) If, after making a disposition under divisions (A)(1) to2137
(5) of this section, the court finds upon further hearing that the2138
child has failed to comply with the orders of the court and the2139
child's operation of a motor vehicle constitutes the child a2140
danger to the child and to others, the court may make any2141
disposition authorized by divisions (A)(1), (3), (4), and (7) of2142
section 2152.19 of the Revised Code, except that the child may2143
not be committed to or placed in a secure correctional facility2144
unless authorized by division (A)(5) of this section, and2145
commitment to or placement in a detention facility may not exceed2146
twenty-four hours.2147

       (B) If a child is adjudicated a juvenile traffic offender2148
for violating division (A) or (B) of section 4511.19 of the2149
Revised Code, in addition to any order of disposition made under2150
division (A) of this section, the court shall suspendimpose a2151
class six suspension of the temporary instruction permit,2152
probationary driver's license, or driver's license issued to the2153
child for a definite period of at least three months but not more2154
than two years or, at the discretion of the court, untilfrom the2155
range specified in division (A)(6) of section 4510.02 of the2156
Revised Code. The court, in its discretion, may terminate the2157
suspension if the child attends and satisfactorily completes a2158
drug abuse or alcohol abuse education, intervention, or treatment2159
program specified by the court. During the time the child is2160
attending thea program as described in this division, the court2161
shall retain anythe child's temporary instruction permit,2162
probationary driver's license, or driver's license issued to the2163
child, and the court shall return the permit or license when the2164
child satisfactorily completes the programif it terminates the2165
suspension as described in this division.2166

       (C) If a child is adjudicated a juvenile traffic offender2167
for violating division (B)(1) or (2) of section 4513.263 of the2168
Revised Code, the court shall impose the appropriate fine set2169
forth in division (G) of that section 4513.99 of the Revised Code.2170
If a child is adjudicated a juvenile traffic offender for2171
violating division (B)(3) of section 4513.263 of the Revised Code2172
and if the child is sixteen years of age or older, the court shall2173
impose the fine set forth in division (G)(2) of that section2174
4513.99 of the Revised Code. If a child is adjudicated a juvenile2175
traffic offender for violating division (B)(3) of section 4513.2632176
of the Revised Code and if the child is under sixteen years of2177
age, the court shall not impose a fine but may place the child on2178
probation or community control.2179

       (D) A juvenile traffic offender is subject to sections2180
4509.01 to 4509.78 of the Revised Code.2181

       Sec. 2743.191.  (A) There is hereby created in the state2182
treasury the reparations fund, which shall be used only for the2183
payment of awards of reparations that are granted by the attorney2184
general, the compensation of any personnel needed by the attorney2185
general to administer sections 2743.51 to 2743.72 of the Revised2186
Code, the compensation of witnesses as provided in division (B) of2187
section 2743.65 of the Revised Code, other administrative costs of2188
hearing and determining claims for an award of reparations by the2189
attorney general, the costs of administering sections 2907.28 and2190
2969.01 to 2969.06 of the Revised Code, the costs of investigation2191
and decision-making as certified by the attorney general, the2192
provision of state financial assistance to victim assistance2193
programs in accordance with sections 109.91 and 109.92 of the2194
Revised Code, the costs of paying the expenses of sex2195
offense-related examinations and antibiotics pursuant to section2196
2907.28 of the Revised Code, the cost of printing and distributing2197
the pamphlet prepared by the attorney general pursuant to section2198
109.42 of the Revised Code, and, subject to division (D) of2199
section 2743.71 of the Revised Code, the costs associated with the2200
printing and providing of information cards or other printed2201
materials to law enforcement agencies and prosecuting authorities2202
and with publicizing the availability of awards of reparations2203
pursuant to section 2743.71 of the Revised Code. All costs paid2204
pursuant to section 2743.70 of the Revised Code, the portions of2205
license reinstatement fees mandated by division (L)(F)(2)(b) of2206
section 4511.191 of the Revised Code to be credited to the fund,2207
the portions of the proceeds of the sale of a forfeited vehicle2208
specified in division (D)(C)(2) of section 4503.234 of the Revised2209
Code, payments collected by the department of rehabilitation and2210
correction from prisoners who voluntarily participate in an2211
approved work and training program pursuant to division2212
(C)(8)(b)(ii) of section 5145.16 of the Revised Code, and all2213
moneys collected by the state pursuant to its right of subrogation2214
provided in section 2743.72 of the Revised Code shall be deposited2215
in the fund.2216

       (B) In making an award of reparations, the attorney general2217
shall render the award against the state. The award shall be2218
accomplished only through the following procedure, and the2219
following procedure may be enforced by writ of mandamus directed2220
to the appropriate official:2221

       (1) The attorney general shall provide for payment of the2222
claimant or providers in the amount of the award.2223

       (2) The expense shall be charged against all available2224
unencumbered moneys in the fund.2225

       (3) If sufficient unencumbered moneys do not exist in the2226
fund, the attorney general shall make application for payment of2227
the award out of the emergency purposes account or any other2228
appropriation for emergencies or contingencies, and payment out of2229
this account or other appropriation shall be authorized if there2230
are sufficient moneys greater than the sum total of then pending2231
emergency purposes account requests or requests for releases from2232
the other appropriations.2233

       (4) If sufficient moneys do not exist in the account or any2234
other appropriation for emergencies or contingencies to pay the2235
award, the attorney general shall request the general assembly to2236
make an appropriation sufficient to pay the award, and no payment2237
shall be made until the appropriation has been made. The attorney2238
general shall make this appropriation request during the current2239
biennium and during each succeeding biennium until a sufficient2240
appropriation is made. If, prior to the time that an2241
appropriation is made by the general assembly pursuant to this2242
division, the fund has sufficient unencumbered funds to pay the2243
award or part of the award, the available funds shall be used to2244
pay the award or part of the award, and the appropriation request2245
shall be amended to request only sufficient funds to pay that part2246
of the award that is unpaid.2247

       (C) The attorney general shall not make payment on a2248
decision or order granting an award until all appeals have been2249
determined and all rights to appeal exhausted, except as otherwise2250
provided in this section. If any party to a claim for an award of2251
reparations appeals from only a portion of an award, and a2252
remaining portion provides for the payment of money by the state,2253
that part of the award calling for the payment of money by the2254
state and not a subject of the appeal shall be processed for2255
payment as described in this section.2256

       (D) The attorney general shall prepare itemized bills for2257
the costs of printing and distributing the pamphlet the attorney2258
general prepares pursuant to section 109.42 of the Revised Code.2259
The itemized bills shall set forth the name and address of the2260
persons owed the amounts set forth in them.2261

       Sec. 2743.51.  As used in sections 2743.51 to 2743.72 of the2262
Revised Code:2263

       (A) "Claimant" means both of the following categories of2264
persons:2265

       (1) Any of the following persons who claim an award of2266
reparations under sections 2743.51 to 2743.72 of the Revised Code:2267

       (a) A victim who was one of the following at the time of the2268
criminally injurious conduct:2269

       (i) A resident of the United States;2270

       (ii) A resident of a foreign country the laws of which2271
permit residents of this state to recover compensation as victims2272
of offenses committed in that country.2273

       (b) A dependent of a deceased victim who is described in2274
division (A)(1)(a) of this section;2275

       (c) A third person, other than a collateral source, who2276
legally assumes or voluntarily pays the obligations of a victim,2277
or of a dependent of a victim, who is described in division2278
(A)(1)(a) of this section, which obligations are incurred as a2279
result of the criminally injurious conduct that is the subject of2280
the claim and may include, but are not limited to, medical or2281
burial expenses;2282

       (d) A person who is authorized to act on behalf of any2283
person who is described in division (A)(1)(a), (b), or (c) of this2284
section.2285

       (2) Any of the following persons who claim an award of2286
reparations under sections 2743.51 to 2743.72 of the Revised Code:2287

       (a) A victim who had a permanent place of residence within2288
this state at the time of the criminally injurious conduct and2289
who, at the time of the criminally injurious conduct, complied2290
with any one of the following:2291

       (i) Had a permanent place of employment in this state;2292

       (ii) Was a member of the regular armed forces of the United2293
States or of the United States coast guard or was a full-time2294
member of the Ohio organized militia or of the United States army2295
reserve, naval reserve, or air force reserve;2296

       (iii) Was retired and receiving social security or any other2297
retirement income;2298

       (iv) Was sixty years of age or older;2299

       (v) Was temporarily in another state for the purpose of2300
receiving medical treatment;2301

       (vi) Was temporarily in another state for the purpose of2302
performing employment-related duties required by an employer2303
located within this state as an express condition of employment or2304
employee benefits;2305

       (vii) Was temporarily in another state for the purpose of2306
receiving occupational, vocational, or other job-related training2307
or instruction required by an employer located within this state2308
as an express condition of employment or employee benefits;2309

       (viii) Was a full-time student at an academic institution,2310
college, or university located in another state;2311

       (ix) Had not departed the geographical boundaries of this2312
state for a period exceeding thirty days or with the intention of2313
becoming a citizen of another state or establishing a permanent2314
place of residence in another state.2315

       (b) A dependent of a deceased victim who is described in2316
division (A)(2)(a) of this section;2317

       (c) A third person, other than a collateral source, who2318
legally assumes or voluntarily pays the obligations of a victim,2319
or of a dependent of a victim, who is described in division2320
(A)(2)(a) of this section, which obligations are incurred as a2321
result of the criminally injurious conduct that is the subject of2322
the claim and may include, but are not limited to, medical or2323
burial expenses;2324

       (d) A person who is authorized to act on behalf of any2325
person who is described in division (A)(2)(a), (b), or (c) of this2326
section.2327

       (B) "Collateral source" means a source of benefits or2328
advantages for economic loss otherwise reparable that the victim2329
or claimant has received, or that is readily available to the2330
victim or claimant, from any of the following sources:2331

       (1) The offender;2332

       (2) The government of the United States or any of its2333
agencies, a state or any of its political subdivisions, or an2334
instrumentality of two or more states, unless the law providing2335
for the benefits or advantages makes them excess or secondary to2336
benefits under sections 2743.51 to 2743.72 of the Revised Code;2337

       (3) Social security, medicare, and medicaid;2338

       (4) State-required, temporary, nonoccupational disability2339
insurance;2340

       (5) Workers' compensation;2341

       (6) Wage continuation programs of any employer;2342

       (7) Proceeds of a contract of insurance payable to the2343
victim for loss that the victim sustained because of the2344
criminally injurious conduct;2345

       (8) A contract providing prepaid hospital and other health2346
care services, or benefits for disability;2347

       (9) That portion of the proceeds of all contracts of2348
insurance payable to the claimant on account of the death of the2349
victim that exceeds fifty thousand dollars;2350

       (10) Any compensation recovered or recoverable under the2351
laws of another state, district, territory, or foreign country2352
because the victim was the victim of an offense committed in that2353
state, district, territory, or country.2354

       "Collateral source" does not include any money, or the2355
monetary value of any property, that is subject to sections2356
2969.01 to 2969.06 of the Revised Code.2357

       (C) "Criminally injurious conduct" means one of the2358
following:2359

       (1) For the purposes of any person described in division2360
(A)(1) of this section, any conduct that occurs or is attempted in2361
this state; poses a substantial threat of personal injury or2362
death; and is punishable by fine, imprisonment, or death, or would2363
be so punishable but for the fact that the person engaging in the2364
conduct lacked capacity to commit the crime under the laws of this2365
state. Criminally injurious conduct does not include conduct2366
arising out of the ownership, maintenance, or use of a motor2367
vehicle, except when any of the following applies:2368

       (a) The person engaging in the conduct intended to cause2369
personal injury or death;2370

       (b) The person engaging in the conduct was using the vehicle2371
to flee immediately after committing a felony or an act that would2372
constitute a felony but for the fact that the person engaging in2373
the conduct lacked the capacity to commit the felony under the2374
laws of this state;2375

       (c) The person engaging in the conduct was using the vehicle2376
in a manner that constitutes an OMVIOVI violation;2377

       (d) The conduct occurred on or after July 25, 1990, and the2378
person engaging in the conduct was using the vehicle in a manner2379
that constitutes a violation of section 2903.08 of the Revised2380
Code.2381

       (2) For the purposes of any person described in division2382
(A)(2) of this section, any conduct that occurs or is attempted in2383
another state, district, territory, or foreign country; poses a2384
substantial threat of personal injury or death; and is punishable2385
by fine, imprisonment, or death, or would be so punishable but for2386
the fact that the person engaging in the conduct lacked capacity2387
to commit the crime under the laws of the state, district,2388
territory, or foreign country in which the conduct occurred or was2389
attempted. Criminally injurious conduct does not include conduct2390
arising out of the ownership, maintenance, or use of a motor2391
vehicle, except when any of the following applies:2392

       (a) The person engaging in the conduct intended to cause2393
personal injury or death;2394

       (b) The person engaging in the conduct was using the vehicle2395
to flee immediately after committing a felony or an act that would2396
constitute a felony but for the fact that the person engaging in2397
the conduct lacked the capacity to commit the felony under the2398
laws of the state, district, territory, or foreign country in2399
which the conduct occurred or was attempted;2400

       (c) The person engaging in the conduct was using the vehicle2401
in a manner that constitutes an OMVIOVI violation;2402

       (d) The conduct occurred on or after July 25, 1990, the2403
person engaging in the conduct was using the vehicle in a manner2404
that constitutes a violation of any law of the state, district,2405
territory, or foreign country in which the conduct occurred, and2406
that law is substantially similar to a violation of section2407
2903.08 of the Revised Code.2408

       (3) For the purposes of any person described in division2409
(A)(1) or (2) of this section, terrorism that occurs within or2410
outside the territorial jurisdiction of the United States.2411

       (D) "Dependent" means an individual wholly or partially2412
dependent upon the victim for care and support, and includes a2413
child of the victim born after the victim's death.2414

       (E) "Economic loss" means economic detriment consisting only2415
of allowable expense, work loss, funeral expense, unemployment2416
benefits loss, replacement services loss, cost of crime scene2417
cleanup, and cost of evidence replacement. If criminally2418
injurious conduct causes death, economic loss includes a2419
dependent's economic loss and a dependent's replacement services2420
loss. Noneconomic detriment is not economic loss; however,2421
economic loss may be caused by pain and suffering or physical2422
impairment.2423

       (F)(1) "Allowable expense" means reasonable charges incurred2424
for reasonably needed products, services, and accommodations,2425
including those for medical care, rehabilitation, rehabilitative2426
occupational training, and other remedial treatment and care and2427
including replacement costs for eyeglasses and other corrective2428
lenses. It does not include that portion of a charge for a room2429
in a hospital, clinic, convalescent home, nursing home, or any2430
other institution engaged in providing nursing care and related2431
services in excess of a reasonable and customary charge for2432
semiprivate accommodations, unless accommodations other than2433
semiprivate accommodations are medically required.2434

       (2) An immediate family member of a victim of criminally2435
injurious conduct that consists of a homicide, a sexual assault,2436
domestic violence, or a severe and permanent incapacitating injury2437
resulting in paraplegia or a similar life-altering condition, who2438
requires psychiatric care or counseling as a result of the2439
criminally injurious conduct, may be reimbursed for that care or2440
counseling as an allowable expense through the victim's2441
application. The cumulative allowable expense for care or2442
counseling of that nature for each family member of a victim of2443
that type shall not exceed two thousand five hundred dollars.2444

       (G) "Work loss" means loss of income from work that the2445
injured person would have performed if the person had not been2446
injured and expenses reasonably incurred by the person to obtain2447
services in lieu of those the person would have performed for2448
income, reduced by any income from substitute work actually2449
performed by the person, or by income the person would have earned2450
in available appropriate substitute work that the person was2451
capable of performing but unreasonably failed to undertake.2452

       (H) "Replacement services loss" means expenses reasonably2453
incurred in obtaining ordinary and necessary services in lieu of2454
those the injured person would have performed, not for income, but2455
for the benefit of the person's self or family, if the person had2456
not been injured.2457

       (I) "Dependent's economic loss" means loss after a victim's2458
death of contributions of things of economic value to the victim's2459
dependents, not including services they would have received from2460
the victim if the victim had not suffered the fatal injury, less2461
expenses of the dependents avoided by reason of the victim's2462
death. If a minor child of a victim is adopted after the victim's2463
death, the minor child continues after the adoption to incur a2464
dependent's economic loss as a result of the victim's death. If2465
the surviving spouse of a victim remarries, the surviving spouse2466
continues after the remarriage to incur a dependent's economic2467
loss as a result of the victim's death.2468

       (J) "Dependent's replacement services loss" means loss2469
reasonably incurred by dependents after a victim's death in2470
obtaining ordinary and necessary services in lieu of those the2471
victim would have performed for their benefit if the victim had2472
not suffered the fatal injury, less expenses of the dependents2473
avoided by reason of the victim's death and not subtracted in2474
calculating the dependent's economic loss. If a minor child of a2475
victim is adopted after the victim's death, the minor child2476
continues after the adoption to incur a dependent's replacement2477
services loss as a result of the victim's death. If the surviving2478
spouse of a victim remarries, the surviving spouse continues after2479
the remarriage to incur a dependent's replacement services loss as2480
a result of the victim's death.2481

       (K) "Noneconomic detriment" means pain, suffering,2482
inconvenience, physical impairment, or other nonpecuniary damage.2483

       (L) "Victim" means a person who suffers personal injury or2484
death as a result of any of the following:2485

       (1) Criminally injurious conduct;2486

       (2) The good faith effort of any person to prevent2487
criminally injurious conduct;2488

       (3) The good faith effort of any person to apprehend a2489
person suspected of engaging in criminally injurious conduct.2490

       (M) "Contributory misconduct" means any conduct of the2491
claimant or of the victim through whom the claimant claims an2492
award of reparations that is unlawful or intentionally tortious2493
and that, without regard to the conduct's proximity in time or2494
space to the criminally injurious conduct, has a causal2495
relationship to the criminally injurious conduct that is the basis2496
of the claim.2497

       (N) "Funeral expense" means any reasonable charges that are2498
not in excess of five thousand dollars per funeral and that are2499
incurred for expenses directly related to a victim's funeral,2500
cremation, or burial.2501

       (O) "Unemployment benefits loss" means a loss of unemployment2502
benefits pursuant to Chapter 4141. of the Revised Code when the2503
loss arises solely from the inability of a victim to meet the able2504
to work, available for suitable work, or the actively seeking2505
suitable work requirements of division (A)(4)(a) of section2506
4141.29 of the Revised Code.2507

       (P) "OMVIOVI violation" means any of the following:2508

       (1) A violation of section 4511.19 of the Revised Code, of2509
any municipal ordinance prohibiting the operation of a vehicle2510
while under the influence of alcohol, a drug of abuse, or alcohol2511
and a drug of abusecombination of them, or of any municipal2512
ordinance prohibiting the operation of a vehicle with a prohibited2513
concentration of alcohol in the whole blood, blood serum or2514
plasma, breath, or urine;2515

       (2) A violation of division (A)(1) of section 2903.06 of the2516
Revised Code;2517

       (3) A violation of division (A)(2), (3), or (4) of section2518
2903.06 of the Revised Code or of a municipal ordinance2519
substantially similar to any of those divisions, if the offender2520
was under the influence of alcohol, a drug of abuse, or alcohol2521
and a drug of abusecombination of them, at the time of the2522
commission of the offense;2523

       (4) For purposes of any person described in division (A)(2)2524
of this section, a violation of any law of the state, district,2525
territory, or foreign country in which the criminally injurious2526
conduct occurred, if that law is substantially similar to a2527
violation described in division (P)(1) or (2) of this section or2528
if that law is substantially similar to a violation described in2529
division (P)(3) of this section and the offender was under the2530
influence of alcohol, a drug of abuse, or alcohol and a drug of2531
abusecombination of them, at the time of the commission of the2532
offense.2533

       (Q) "Pendency of the claim" for an original reparations2534
application or supplemental reparations application means the2535
period of time from the date the criminally injurious conduct upon2536
which the application is based occurred until the date a final2537
decision, order, or judgment concerning that original reparations2538
application or supplemental reparations application is issued.2539

       (R) "Terrorism" means any activity to which all of the2540
following apply:2541

       (1) The activity involves a violent act or an act that is2542
dangerous to human life.2543

       (2) The act described in division (R)(1) of this section is2544
committed within the territorial jurisdiction of the United States2545
and is a violation of the criminal laws of the United States, this2546
state, or any other state or the act described in division (R)(1)2547
of this section is committed outside the territorial jurisdiction2548
of the United States and would be a violation of the criminal laws2549
of the United States, this state, or any other state if committed2550
within the territorial jurisdiction of the United States.2551

       (3) The activity appears to be intended to do any of the2552
following:2553

       (a) Intimidate or coerce a civilian population;2554

       (b) Influence the policy of any government by intimidation2555
or coercion;2556

       (c) Affect the conduct of any government by assassination or2557
kidnapping.2558

       (4) The activity occurs primarily outside the territorial2559
jurisdiction of the United States or transcends the national2560
boundaries of the United States in terms of the means by which the2561
activity is accomplished, the person or persons that the activity2562
appears intended to intimidate or coerce, or the area or locale in2563
which the perpetrator or perpetrators of the activity operate or2564
seek asylum.2565

       (S) "Transcends the national boundaries of the United States"2566
means occurring outside the territorial jurisdiction of the United2567
States in addition to occurring within the territorial2568
jurisdiction of the United States.2569

       (T) "Cost of crime scene cleanup" means reasonable and2570
necessary costs of cleaning the scene where the criminally2571
injurious conduct occurred, not to exceed seven hundred fifty2572
dollars in the aggregate per claim.2573

       (U) "Cost of evidence replacement" means costs for2574
replacement of property confiscated for evidentiary purposes2575
related to the criminally injurious conduct, not to exceed seven2576
hundred fifty dollars in the aggregate per claim.2577

       (V) "Provider" means any person who provides a victim or2578
claimant with a product, service, or accommodations that are an2579
allowable expense or a funeral expense.2580

       (W) "Immediate family member" means an individual who is2581
related to a victim within the first degree by affinity or2582
consanguinity.2583

       Sec. 2743.52.  (A) The attorney general shall make awards of2584
reparations for economic loss arising from criminally injurious2585
conduct, if satisfied by a preponderance of the evidence that the2586
requirements for an award of reparations have been met.2587

       (B) A court of claims panel of commissioners or a judge of2588
the court of claims has appellate jurisdiction to order awards of2589
reparations for economic loss arising from criminally injurious2590
conduct, if satisfied by a preponderance of the evidence that the2591
requirements for an award of reparations have been met.2592

       (C) A decision of the attorney general, an order of a court2593
of claims panel of commissioners, or the judgment of a judge of2594
the court of claims concerning an OMVIOVI violation shall not be2595
used as the basis for any civil or criminal action and shall not2596
be admissible as evidence in any civil or criminal proceeding.2597

       Sec. 2903.04.  (A) No person shall cause the death of2598
another or the unlawful termination of another's pregnancy as a2599
proximate result of the offender's committing or attempting to2600
commit a felony.2601

       (B) No person shall cause the death of another or the2602
unlawful termination of another's pregnancy as a proximate result2603
of the offender's committing or attempting to commit a misdemeanor2604
of any degree, a regulatory offense, or a minor misdemeanor other2605
than a violation of any section contained in Title XLV of the2606
Revised Code that is a minor misdemeanor and other than a2607
violation of an ordinance of a municipal corporation that,2608
regardless of the penalty set by ordinance for the violation, is2609
substantially equivalent to any section contained in Title XLV of2610
the Revised Code that is a minor misdemeanor.2611

       (C) Whoever violates this section is guilty of involuntary2612
manslaughter. Violation of division (A) of this section is a2613
felony of the first degree. Violation of division (B) of this2614
section is a felony of the third degree.2615

       (D) If an offender is convicted of or pleads guilty to a2616
violation of division (A) or (B) of this section and if the2617
felony, misdemeanor, or regulatory offense that the offender2618
committed or attempted to commit, that proximately resulted in the2619
death of the other person or the unlawful termination of another's2620
pregnancy, and that is the basis of the offender's violation of2621
division (A) or (B) of this section was a violation of division2622
(A) or (B) of section 4511.19 of the Revised Code or of a2623
substantially equivalent municipal ordinance or included, as an2624
element of that felony, misdemeanor, or regulatory offense, the2625
offender's operation or participation in the operation of a2626
snowmobile, locomotive, watercraft, or aircraft while the offender2627
was under the influence of alcohol, a drug of abuse, or alcohol2628
and a drug of abuse, both of the following apply:2629

       (1) The court shall permanently revokeimpose a class one2630
suspension of the offender's driver's or commercial driver's2631
license or permit or nonresident operating privilege pursuant to2632
as specified in division (A)(1) of section 4507.164510.02 of the2633
Revised Code.2634

       (2) The court shall impose a mandatory prison term for the2635
violation of division (A) or (B) of this section from the range of2636
prison terms authorized for the level of the offense under section2637
2929.14 of the Revised Code.2638

       Sec. 2903.06.  (A) No person, while operating or2639
participating in the operation of a motor vehicle, motorcycle,2640
snowmobile, locomotive, watercraft, or aircraft, shall cause the2641
death of another or the unlawful termination of another's2642
pregnancy in any of the following ways:2643

       (1) As the proximate result of committing a violation of2644
division (A) of section 4511.19 of the Revised Code or of a2645
substantially equivalent municipal ordinance;2646

       (2) Recklessly;2647

       (3) Negligently;2648

       (4) As the proximate result of committing a violation of any2649
provision of any section contained in Title XLV of the Revised2650
Code that is a minor misdemeanor or of a municipal ordinance that,2651
regardless of the penalty set by ordinance for the violation, is2652
substantially equivalent to any provision of any section contained2653
in Title XLV of the Revised Code that is a minor misdemeanor.2654

       (B)(1) Whoever violates division (A)(1) or (2) of this2655
section is guilty of aggravated vehicular homicide and shall be2656
punished as provided in divisions (B)(1)(a) and (b) of this2657
section.2658

       (a) Except as otherwise provided in this division,2659
aggravated vehicular homicide committed in violation of division2660
(A)(1) of this section is a felony of the second degree. 2661
Aggravated vehicular homicide committed in violation of division2662
(A)(1) of this section is a felony of the first degree if, at the2663
time of the offense, the offender was driving under a suspension2664
imposed under Chapter 4507.4510. or any other provision of the2665
Revised Code or if the offender previously has been convicted of2666
or pleaded guilty to a violation of this section; any2667
traffic-related homicide, manslaughter, or assault offense; three2668
prior violations of section 4511.19 of the Revised Code or of a2669
substantially equivalent municipal ordinance within the previous2670
six years; or a second or subsequent felony violation of division2671
(A) of section 4511.19 of the Revised Code.2672

       In addition to any other sanctions imposed, the court shall2673
permanently revokeimpose upon the offender a class one suspension2674
of the offender's driver's license, commercial driver's license,2675
temporary instruction permit, probationary license, or nonresident2676
operating privilege pursuant toas specified in division (A)(1) of2677
section 4507.164510.02 of the Revised Code.2678

       (b) Except as otherwise provided in this division,2679
aggravated vehicular homicide committed in violation of division2680
(A)(2) of this section is a felony of the third degree. Aggravated2681
vehicular homicide committed in violation of division (A)(2) of2682
this section is a felony of the second degree if, at the time of2683
the offense, the offender was driving under a suspension imposed2684
under Chapter 4507. of the Revised Code4510. or any other2685
provision of the Revised Code or if the offender previously has2686
been convicted of or pleaded guilty to a violation of this section2687
or any traffic-related homicide, manslaughter, or assault offense.2688

       In addition to any other sanctions imposed, the court shall2689
suspendimpose upon the offender a class two suspension of the2690
offender's driver's license, commercial driver's license,2691
temporary instruction permit, probationary license, or nonresident2692
operating privilege for a definite period of three years to life2693
pursuant tofrom the range specified in division (A)(2) of section2694
4507.164510.02 of the Revised Code.2695

       (2) Whoever violates division (A)(3) of this section is2696
guilty of vehicular homicide. Except as otherwise provided in2697
this division, vehicular homicide is a misdemeanor of the first2698
degree. Vehicular homicide is a felony of the fourth degree if,2699
at the time of the offense, the offender was driving under a2700
suspension or revocation imposed under Chapter 4507. or any other2701
provision of the Revised Code or if the offender previously has2702
been convicted of or pleaded guilty to a violation of this section2703
or any traffic-related homicide, manslaughter, or assault offense.2704

       In addition to any other sanctions imposed, the court shall2705
suspendimpose upon the offender a class four suspension of the2706
offender's driver's license, commercial driver's license,2707
temporary instruction permit, probationary license, or nonresident2708
operating privilege for a definite period of one to five years2709
pursuant tofrom the range specified in division (A)(4) of section2710
4507.164510.02 of the Revised Code or, if the offender previously2711
has been convicted of or pleaded guilty to a violation of this2712
section or any traffic-related homicide, manslaughter, or assault2713
offense, for a definite period of two to ten years pursuant toa2714
class three suspension of the offender's driver's license,2715
commercial driver's license, temporary instruction permit,2716
probationary license, or nonresident operating privilege from the2717
range specified in division (A)(3) of that section.2718

       (3) Whoever violates division (A)(4) of this section is2719
guilty of vehicular manslaughter. Except as otherwise provided in2720
this division, vehicular manslaughter is a misdemeanor of the2721
second degree. Vehicular manslaughter is a misdemeanor of the2722
first degree if, at the time of the offense, the offender was2723
driving under a suspension imposed under Chapter 4507.4510.or2724
any other provision of the Revised Code or if the offender2725
previously has been convicted of or pleaded guilty to a violation2726
of this section or any traffic-related homicide, manslaughter, or2727
assault offense.2728

       In addition to any other sanctions imposed, the court shall2729
suspendimpose upon the offender a class six suspension of the2730
offender's driver's license, commercial driver's license,2731
temporary instruction permit, probationary license, or nonresident2732
operating privilege for a definite period of three months to two2733
years pursuant tofrom the range specified in division (A)(6) of2734
section 4507.164510.02 of the Revised Code or, if the offender2735
previously has been convicted of or pleaded guilty to a violation2736
of this section or any traffic-related homicide, manslaughter, or2737
assault offense, for a definite period of one to five years2738
pursuant toa class four suspension of the offender's driver's2739
license, commercial driver's license, temporary instruction2740
permit, probationary license, or nonresident operating privilege2741
from the range specified in division (A)(4) of that section.2742

       (C) The court shall impose a mandatory prison term on an2743
offender who is convicted of or pleads guilty to a violation of2744
division (A)(1) of this section. The court shall impose a2745
mandatory prison term on an offender who is convicted of or pleads2746
guilty to a violation of division (A)(2) or (3) of this section if2747
either of the following applies:2748

       (1) The offender previously has been convicted of or pleaded2749
guilty to a violation of this section or section 2903.08 of the2750
Revised Code.2751

       (2) At the time of the offense, the offender was driving2752
under suspension under Chapter 4507.4510.or any other provision2753
of the Revised Code.2754

       (D)(1) As used in this section:2755

       (a) "Mandatory prison term" has the same meaning as in2756
section 2929.01 of the Revised Code.2757

       (b) "Traffic-related homicide, manslaughter, or assault2758
offense" means a violation of section 2903.04 of the Revised Code2759
in circumstances in which division (D) of that section applies, a2760
violation of section 2903.06 or 2903.08 of the Revised Code, or a2761
violation of section 2903.06, 2903.07, or 2903.08 of the Revised2762
Code as they existed prior to the effective date of this amendment2763
March23, 2000.2764

       (2) For the purposes of this section, when a penalty or2765
suspension is enhanced because of a prior or current violation of2766
a specified law or a prior or current specified offense, the2767
reference to the violation of the specified law or the specified2768
offense includes any violation of any substantially equivalent2769
municipal ordinance, former law of this state, or current or2770
former law of another state or the United States.2771

       Sec. 2903.08.  (A) No person, while operating or2772
participating in the operation of a motor vehicle, motorcycle,2773
snowmobile, locomotive, watercraft, or aircraft, shall cause2774
serious physical harm to another person or another's unborn in2775
either of the following ways:2776

       (1) As the proximate result of committing a violation of2777
division (A) of section 4511.19 of the Revised Code or of a2778
substantially equivalent municipal ordinance;2779

       (2) Recklessly.2780

       (B)(1) Whoever violates division (A)(1) of this section is2781
guilty of aggravated vehicular assault. Except as otherwise2782
provided in this division, aggravated vehicular assault is a2783
felony of the third degree. Aggravated vehicular assault is a2784
felony of the second degree if, at the time of the offense, the2785
offender was driving under a suspension imposed under Chapter2786
4507.4510. or any other provision of the Revised Code or if the2787
offender previously has been convicted of or pleaded guilty to a2788
violation of this section; any traffic-related homicide,2789
manslaughter, or assault offense; three prior violations of2790
section 4511.19 of the Revised Code or a substantially equivalent2791
municipal ordinance within the previous six years; or a second or2792
subsequent felony violation of division (A) of section 4511.19 of2793
the Revised Code.2794

       In addition to any other sanctions imposed, the court shall2795
suspendimpose upon the offender a class three suspension of the2796
offender's driver's license, commercial driver's license,2797
temporary instruction permit, probationary license, or nonresident2798
operating privilege for a definite period of two to ten years2799
pursuant tofrom the range specified in division (A)(3) of section2800
4507.164510.02 of the Revised Code or, if the offender previously2801
has been convicted of or pleaded guilty to a violation of this2802
section or any traffic-related homicide, manslaughter, or assault2803
offense, for a definite period of three years to life pursuant to2804
a class two suspension of the offender's driver's license,2805
commercial driver's license, temporary instruction permit,2806
probationary license, or nonresident operating privilege from the2807
range specified in division (A)(2) of that section.2808

       (2) Whoever violates division (A)(2) of this section is2809
guilty of vehicular assault. Except as otherwise provided in this2810
division, vehicular assault is a felony of the fourth degree. 2811
Vehicular assault is a felony of the third degree if, at the time2812
of the offense, the offender was driving under a suspension2813
imposed under Chapter 4507.4510.or any other provision of the2814
Revised Code or if the offender previously has been convicted of2815
or pleaded guilty to a violation of this section or any2816
traffic-related homicide, manslaughter, or assault offense.2817

       In addition to any other sanctions imposed, the court shall2818
suspendimpose upon the offender a class four suspension of the2819
offender's driver's license, commercial driver's license,2820
temporary instruction permit, probationary license, or nonresident2821
operating privilege for a definite period of one to five years2822
pursuant tofrom the range specified in division (A)(4) of section2823
4507.164510.02 of the Revised Code or, if the offender previously2824
has been convicted of or pleaded guilty to a violation of this2825
section or any traffic-related homicide, manslaughter, or assault2826
offense, for a definite period of two to ten years pursuant toa2827
class three suspension of the offender's driver's license,2828
commercial driver's license, temporary instruction permit,2829
probationary license, or nonresident operating privilege from the2830
range specified in division (A)(3) of that section.2831

       (C) The court shall impose a mandatory prison term on an2832
offender who is convicted of or pleads guilty to a violation of2833
division (A)(1) of this section. The court shall impose a2834
mandatory prison term on an offender who is convicted of or pleads2835
guilty to a violation of division (A)(2) of this section if either2836
of the following applies:2837

       (1) The offender previously has been convicted of or pleaded2838
guilty to a violation of this section or section 2903.06 of the2839
Revised Code.2840

       (2) At the time of the offense, the offender was driving2841
under suspension under Chapter 4507.4510. or any other provision2842
of the Revised Code.2843

       (D) As used in this section:2844

       (1) "Mandatory prison term" has the same meaning as in2845
section 2929.01 of the Revised Code.2846

       (2) "Traffic-related homicide, manslaughter, or assault2847
offense" has the same meaning as in section 2903.06 of the Revised2848
Code.2849

       (E) For the purposes of this section, when a penalty or2850
suspension is enhanced because of a prior or current violation of2851
a specified law or a prior or current specified offense, the2852
reference to the violation of the specified law or the specified2853
offense includes any violation of any substantially equivalent2854
municipal ordinance, former law of this state, or current or2855
former law of another state or the United States.2856

       Sec. 2907.24.  (A) No person shall solicit another to engage2857
with such other person in sexual activity for hire.2858

       (B) No person, with knowledge that the person has tested2859
positive as a carrier of a virus that causes acquired2860
immunodeficiency syndrome, shall engage in conduct in violation of2861
division (A) of this section.2862

       (C)(1) Whoever violates division (A) of this section is2863
guilty of soliciting, a misdemeanor of the third degree.2864

       (2) Whoever violates division (B) of this section is guilty2865
of engaging in solicitation after a positive HIV test. If the2866
offender commits the violation prior to July 1, 1996, engaging in2867
solicitation after a positive HIV test is a felony of the second2868
degree. If the offender commits the violation on or after July 1,2869
1996, engaging in solicitation after a positive HIV test is a2870
felony of the third degree.2871

       (D)If a person is convicted of or pleads guilty to a2872
violation of any provision of this section, an attempt to commit a2873
violation of any provision of this section, or a violation of or2874
an attempt to commit a violation of a municipal ordinance that is2875
substantially equivalent to any provision of this section and if2876
the person, in committing or attempting to commit the violation,2877
was in, was on, or used a motor vehicle, the court, in addition to2878
or independent of all other penalties imposed for the violation,2879
shall impose upon the offender a class six suspension of the2880
person's driver's license, commercial driver's license, temporary2881
instruction permit, probationary license, or nonresident operating2882
privilege from the range specified in division (A)(6) of section2883
4510.02 of the Revised Code.2884

       Sec. 2919.22.  (A) No person, who is the parent, guardian,2885
custodian, person having custody or control, or person in loco2886
parentis of a child under eighteen years of age or a mentally or2887
physically handicapped child under twenty-one years of age, shall2888
create a substantial risk to the health or safety of the child, by2889
violating a duty of care, protection, or support. It is not a2890
violation of a duty of care, protection, or support under this2891
division when the parent, guardian, custodian, or person having2892
custody or control of a child treats the physical or mental2893
illness or defect of the child by spiritual means through prayer2894
alone, in accordance with the tenets of a recognized religious2895
body.2896

       (B) No person shall do any of the following to a child under2897
eighteen years of age or a mentally or physically handicapped2898
child under twenty-one years of age:2899

       (1) Abuse the child;2900

       (2) Torture or cruelly abuse the child;2901

       (3) Administer corporal punishment or other physical2902
disciplinary measure, or physically restrain the child in a cruel2903
manner or for a prolonged period, which punishment, discipline, or2904
restraint is excessive under the circumstances and creates a2905
substantial risk of serious physical harm to the child;2906

       (4) Repeatedly administer unwarranted disciplinary measures2907
to the child, when there is a substantial risk that such conduct,2908
if continued, will seriously impair or retard the child's mental2909
health or development;2910

       (5) Entice, coerce, permit, encourage, compel, hire, employ,2911
use, or allow the child to act, model, or in any other way2912
participate in, or be photographed for, the production,2913
presentation, dissemination, or advertisement of any material or2914
performance that the offender knows or reasonably should know is2915
obscene, is sexually oriented matter, or is nudity-oriented2916
matter.2917

       (C)(1) No person shall operate a vehicle, streetcar, or2918
trackless trolley within this state in violation of division (A)2919
of section 4511.19 of the Revised Code when one or more children2920
under eighteen years of age are in the vehicle, streetcar, or2921
trackless trolley. Notwithstanding any other provision of law, a2922
person may be convicted at the same trial or proceeding of a2923
violation of this division and a violation of division (A) of2924
section 4511.19 of the Revised Code that constitutes the basis of2925
the charge of the violation of this division. For purposes of2926
sectionsections 4511.191 to 4511.197 of the Revised Code and all2927
related provisions of law, a person arrested for a violation of2928
this division shall be considered to be under arrest for operating2929
a vehicle while under the influence of alcohol, a drug of abuse,2930
or alcohol and a drug of abusea combination of them or for2931
operating a vehicle with a prohibited concentration of alcohol in2932
the whole blood, blood serum or plasma, breath, or urine.2933

       (2) As used in division (C)(1) of this section, "vehicle,"2934
"streetcar," and "trackless trolley" have the same meanings as in2935
section 4511.01 of the Revised Code.2936

       (D)(1) Division (B)(5) of this section does not apply to any2937
material or performance that is produced, presented, or2938
disseminated for a bona fide medical, scientific, educational,2939
religious, governmental, judicial, or other proper purpose, by or2940
to a physician, psychologist, sociologist, scientist, teacher,2941
person pursuing bona fide studies or research, librarian, member2942
of the clergy, prosecutor, judge, or other person having a proper2943
interest in the material or performance.2944

       (2) Mistake of age is not a defense to a charge under2945
division (B)(5) of this section.2946

       (3) In a prosecution under division (B)(5) of this section,2947
the trier of fact may infer that an actor, model, or participant2948
in the material or performance involved is a juvenile if the2949
material or performance, through its title, text, visual2950
representation, or otherwise, represents or depicts the actor,2951
model, or participant as a juvenile.2952

       (4) As used in this division and division (B)(5) of this2953
section:2954

       (a) "Material," "performance," "obscene," and "sexual2955
activity" have the same meanings as in section 2907.01 of the2956
Revised Code.2957

       (b) "Nudity-oriented matter" means any material or2958
performance that shows a minor in a state of nudity and that,2959
taken as a whole by the average person applying contemporary2960
community standards, appeals to prurient interest.2961

       (c) "Sexually oriented matter" means any material or2962
performance that shows a minor participating or engaging in sexual2963
activity, masturbation, or bestiality.2964

       (E)(1) Whoever violates this section is guilty of2965
endangering children.2966

       (2) If the offender violates division (A) or (B)(1) of this2967
section, endangering children is one of the following:2968

       (a) Except as otherwise provided in division (E)(2)(b), (c),2969
or (d) of this section, a misdemeanor of the first degree;2970

       (b) If the offender previously has been convicted of an2971
offense under this section or of any offense involving neglect,2972
abandonment, contributing to the delinquency of, or physical abuse2973
of a child, except as otherwise provided in division (E)(2)(c) or2974
(d) of this section, a felony of the fourth degree;2975

       (c) If the violation is a violation of division (A) of this2976
section and results in serious physical harm to the child2977
involved, a felony of the third degree;2978

       (d) If the violation is a violation of division (B)(1) of2979
this section and results in serious physical harm to the child2980
involved, a felony of the second degree.2981

       (3) If the offender violates division (B)(2), (3), or (4) of2982
this section, except as otherwise provided in this division,2983
endangering children is a felony of the third degree. If the2984
violation results in serious physical harm to the child involved,2985
or if the offender previously has been convicted of an offense2986
under this section or of any offense involving neglect,2987
abandonment, contributing to the delinquency of, or physical abuse2988
of a child, endangering children is a felony of the second degree.2989

       (4) If the offender violates division (B)(5) of this2990
section, endangering children is a felony of the second degree.2991

       (5) If the offender violates division (C) of this section,2992
the offender shall be punished as follows:2993

       (a) Except as otherwise provided in division (E)(5)(b) or2994
(c) of this section, endangering children in violation of division2995
(C) of this section is a misdemeanor of the first degree.2996

       (b) If the violation results in serious physical harm to the2997
child involved or the offender previously has been convicted of an2998
offense under this section or any offense involving neglect,2999
abandonment, contributing to the delinquency of, or physical abuse3000
of a child, except as otherwise provided in division (E)(5)(c) of3001
this section, endangering children in violation of division (C) of3002
this section is a felony of the fifth degree.3003

       (c) If the violation results in serious physical harm to the3004
child involved and if the offender previously has been convicted3005
of a violation of division (C) of this section, section 2903.06 or3006
2903.08 of the Revised Code, section 2903.07 of the Revised Code3007
as it existed prior to March 23, 2000, or section 2903.04 of the3008
Revised Code in a case in which the offender was subject to the3009
sanctions described in division (D) of that section, endangering3010
children in violation of division (C) of this section is a felony3011
of the fourth degree.3012

       (d) In addition to any term of imprisonment, fine, or other3013
sentence, penalty, or sanction it imposes upon the offender3014
pursuant to division (E)(5)(a), (b), or (c) of this section or3015
pursuant to any other provision of law, the court also may impose3016
upon the offender one or both of the following sanctions:3017

       (i) It may require the offender, as part of the offender's3018
sentence and in the manner described in division (F) of this3019
section, to perform not more than two hundred hours of supervised3020
community service work under the authority of any agency,3021
political subdivision, or charitable organization of the type3022
described in division (F)(1) of section 2951.02 of the Revised3023
Code, provided that the court shall not require the offender to3024
perform supervised community service work under this division3025
unless the offender agrees to perform the supervised community3026
service work.3027

       (ii) It may suspend the driver's or commercial driver's3028
license or permit or nonresident operating privilege of the3029
offender for up to ninety days,and in addition to any suspension3030
or revocation of the offender's driver's or commercial driver's3031
license or permit or nonresident operating privilege under Chapter3032
4506., 4507., 4509., 4510., or 4511. of the Revised Code or under3033
any other provision of law, the court also may impose upon the3034
offender a class seven suspension of the offender's driver's or3035
commercial driver's license or permit or nonresident operating3036
privilege from the range specified in division (A)(7) of section3037
4510.02 of the Revised Code.3038

       (e) In addition to any term of imprisonment, fine, or other3039
sentence, penalty, or sanction imposed upon the offender pursuant3040
to division (E)(5)(a), (b), (c), or (d) of this section or3041
pursuant to any other provision of law for the violation of3042
division (C) of this section, if as part of the same trial or3043
proceeding the offender also is convicted of or pleads guilty to a3044
separate charge charging the violation of division (A) of section3045
4511.19 of the Revised Code that was the basis of the charge of3046
the violation of division (C) of this section, the offender also3047
shall be sentenced, in accordance with section 4511.994511.19 of3048
the Revised Code, for that violation of division (A) of section3049
4511.19 of the Revised Code and also shall be subject to all other3050
sanctions that are required or authorized by any provision of law3051
for that violation of division (A) of section 4511.19 of the3052
Revised Code.3053

       (F)(1)(a) If aA court, pursuant to division (E)(5)(d)(i) of3054
this section, requiresmay require an offender to perform not more3055
than two hundred hours of supervised community service work under3056
the authority of an agency, subdivision, or charitable3057
organization, if the offender agrees to perform the supervised3058
community service work. The requirement shall be part of the3059
community control sanction or sentence of the offender, and the3060
court shall impose the community service in accordance with and3061
subject to divisions (F)(1)(a) and (b) of this section. The court3062
may require an offender whom it requires to perform supervised3063
community service work as part of the offender's community control3064
sanction or sentence to pay the court a reasonable fee to cover3065
the costs of the offender's participation in the work, including,3066
but not limited to, the costs of procuring a policy or policies of3067
liability insurance to cover the period during which the offender3068
will perform the work. If the court requires the offender to3069
perform supervised community service work as part of the3070
offender's community control sanction or sentence, the court shall3071
do so in accordance with the following limitations and criteria:3072

       (i) The court shall require that the community service work3073
be performed after completion of the term of imprisonment imposed3074
upon the offender for the violation of division (C) of this3075
section, if applicable.3076

       (ii) The supervised community service work shall be subject3077
to the limitations set forth in divisions (F)(1)(a) to (c) of3078
section 2951.02 of the Revised Code.3079

       (iii) The community service work shall be supervised in the3080
manner described in division (F)(1)(d) of section 2951.02 of the3081
Revised Code by an official or person with the qualifications3082
described in that division. The official or person periodically3083
shall report in writing to the court concerning the conduct of the3084
offender in performing the work.3085

       (iv) The court shall inform the offender in writing that if3086
the offender does not adequately perform, as determined by the3087
court, all of the required community service work, the court may3088
order that the offender be committed to a jail or workhouse for a3089
period of time that does not exceed the term of imprisonment that3090
the court could have imposed upon the offender for the violation3091
of division (C) of this section, reduced by the total amount of3092
time that the offender actually was imprisoned under the sentence3093
or term that was imposed upon the offender for that violation and3094
by the total amount of time that the offender was confined for any3095
reason arising out of the offense for which the offender was3096
convicted and sentenced as described in sections 2949.08 and3097
2967.191 of the Revised Code, and that, if the court orders that3098
the offender be so committed, the court is authorized, but not3099
required, to grant the offender credit upon the period of the3100
commitment for the community service work that the offender3101
adequately performed.3102

       (b) If a court, pursuant to this division and division3103
(E)(5)(d)(i)(F)(1)(a) of this section, orders an offender to3104
perform community service work as part of the offender's community3105
control sanction or sentence and if the offender does not3106
adequately perform all of the required community service work, as3107
determined by the court, the court may order that the offender be3108
committed to a jail or workhouse for a period of time that does3109
not exceed the term of imprisonment that the court could have3110
imposed upon the offender for the violation of division (C) of3111
this section, reduced by the total amount of time that the3112
offender actually was imprisoned under the sentence or term that3113
was imposed upon the offender for that violation and by the total3114
amount of time that the offender was confined for any reason3115
arising out of the offense for which the offender was convicted3116
and sentenced as described in sections 2949.08 and 2967.191 of the3117
Revised Code. The court may order that a person committed pursuant3118
to this division shall receive hour-for-hour credit upon the3119
period of the commitment for the community service work that the3120
offender adequately performed. No commitment pursuant to this3121
division shall exceed the period of the term of imprisonment that3122
the sentencing court could have imposed upon the offender for the3123
violation of division (C) of this section, reduced by the total3124
amount of time that the offender actually was imprisoned under3125
that sentence or term and by the total amount of time that the3126
offender was confined for any reason arising out of the offense3127
for which the offender was convicted and sentenced as described in3128
sections 2949.08 and 2967.191 of the Revised Code.3129

       (2) Divisions (E)(5)(d)(i) andDivision (F)(1) of this3130
section dodoes not limit or affect the authority of the court to3131
suspend the sentence imposed upon a misdemeanor offender and place3132
the offender on probation or otherwise suspend the sentence3133
pursuant to sections 2929.51 and 2951.02 of the Revised Code, to3134
require the misdemeanor offender, as a condition of the offender's3135
probation or of otherwise suspending the offender's sentence, to3136
perform supervised community service work in accordance with3137
division (F) of section 2951.02 of the Revised Code, or to place a3138
felony offender under a community control sanction.3139

       (G)(1) If a court suspends an offender's driver's or3140
commercial driver's license or permit or nonresident operating3141
privilege under division (E)(5)(d)(ii) of this section, the period3142
of the suspension shall be consecutive to, and commence after, the3143
period of suspension or revocation of the offender's driver's or3144
commercial driver's license or permit or nonresident operating3145
privilege that is imposed under Chapter 4506., 4507., 4509.,3146
4510., or 4511. of the Revised Code or under any other provision3147
of law in relation to the violation of division (C) of this3148
section that is the basis of the suspension under division3149
(E)(5)(d)(ii) of this section or in relation to the violation of3150
division (A) of section 4511.19 of the Revised Code that is the3151
basis for that violation of division (C) of this section.3152

       (2) An offender is not entitled to request, and the court3153
shall not grant to the offender, occupationallimited driving3154
privileges under division (G) of this section if the offender's3155
license, permit, or privilege has been suspended under division3156
(E)(5)(d)(ii) of this section and the offender, within the3157
preceding sevensix years, has been convicted of or pleaded guilty3158
to three or more violations of one or more of the following:3159

       (a) Division (C) of this section;3160

       (b) Division (A) or (B) of section 4511.19 of the Revised3161
Code;3162

       (c) A municipal ordinance relating to operating a vehicle3163
while under the influence of alcohol, a drug of abuse, or alcohol3164
and a drug of abuse;3165

       (d) A municipal ordinance relating to operating a vehicle3166
with a prohibited concentration of alcohol in the blood, breath,3167
or urine;3168

       (e) Section 2903.04 of the Revised Code in a case in which3169
the offender was subject to the sanctions described in division3170
(D) of that section;3171

       (f) Division (A)(1) of section 2903.06 or division (A)(1) of3172
section 2903.08 of the Revised Code or a municipal ordinance that3173
is substantially similar to either of those divisions;3174

       (g) Division (A)(2), (3), or (4) of section 2903.06,3175
division (A)(2) of section 2903.08, or former section 2903.07 of3176
the Revised Code, or a municipal ordinance that is substantially3177
similar to any of those divisions or that former section, in a3178
case in which the jury or judge found that the offender was under3179
the influence of alcohol, a drug of abuse, or alcohol and a drug3180
of abuse;3181

       (h) A statute of the United States or of any other state or3182
a municipal ordinance of a municipal corporation located in any3183
other state that is substantially similar to division (A) or (B)3184
of section 4511.19Any equivalent offense, as defined in section3185
4511.181 of the Revised Code.3186

       (3) Any other offender who is not described in division3187
(G)(2) of this section and whose license, permit, or nonresident3188
operating privilege has been suspended under division3189
(E)(5)(d)(ii) of this section may file with the sentencing court a3190
petition alleging that the suspension would seriously affect the3191
offender's ability to continue employment. Upon satisfactory3192
proof that there is reasonable cause to believe that the3193
suspension would seriously affect the offender's ability to3194
continue employment, the court may grant the offender occupational3195
driving privileges during the period during which the suspension3196
otherwise would be imposed, except that the court shall not grant3197
occupational driving privileges for employment as a driver of3198
commercial motor vehicles to any person who is disqualified from3199
operating a commercial motor vehicle under section 3123.611 or3200
4506.16 of the Revised Code or whose commercial driver's license3201
or commercial driver's temporary instruction permit has been3202
suspended under section 3123.58 of the Revised Code.3203

       (H)(1) If a person violates division (C) of this section and3204
if, at the time of the violation, there were two or more children3205
under eighteen years of age in the motor vehicle involved in the3206
violation, the offender may be convicted of a violation of3207
division (C) of this section for each of the children, but the3208
court may sentence the offender for only one of the violations.3209

       (2)(a) If a person is convicted of or pleads guilty to a3210
violation of division (C) of this section but the person is not3211
also convicted of and does not also plead guilty to a separate3212
charge charging the violation of division (A) of section 4511.193213
of the Revised Code that was the basis of the charge of the3214
violation of division (C) of this section, both of the following3215
apply:3216

       (i) For purposes of the provisions of section 4511.993217
4511.19 of the Revised Code that set forth the penalties and3218
sanctions for a violation of division (A) of section 4511.19 of3219
the Revised Code, the conviction of or plea of guilty to the3220
violation of division (C) of this section shall not constitute a3221
violation of division (A) of section 4511.19 of the Revised Code;3222

       (ii) For purposes of any provision of law that refers to a3223
conviction of or plea of guilty to a violation of division (A) of3224
section 4511.19 of the Revised Code and that is not described in3225
division (H)(2)(a)(i) of this section, the conviction of or plea3226
of guilty to the violation of division (C) of this section shall3227
constitute a conviction of or plea of guilty to a violation of3228
division (A) of section 4511.19 of the Revised Code.3229

       (b) If a person is convicted of or pleads guilty to a3230
violation of division (C) of this section and the person also is3231
convicted of or pleads guilty to a separate charge charging the3232
violation of division (A) of section 4511.19 of the Revised Code3233
that was the basis of the charge of the violation of division (C)3234
of this section, the conviction of or plea of guilty to the3235
violation of division (C) of this section shall not constitute,3236
for purposes of any provision of law that refers to a conviction3237
of or plea of guilty to a violation of division (A) of section3238
4511.19 of the Revised Code, a conviction of or plea of guilty to3239
a violation of division (A) of section 4511.19 of the Revised3240
Code.3241

       (I) As used in this section, "community:3242

       (1) "Community control sanction" has the same meaning as in3243
section 2929.01 of the Revised Code;3244

       (2) "Limited driving privileges" has the same meaning as in3245
section 4501.01 of the Revised Code.3246

       Sec. 2921.331.  (A) No person shall fail to comply with any3247
lawful order or direction of any police officer invested with3248
authority to direct, control, or regulate traffic.3249

       (B) No person shall operate a motor vehicle so as willfully3250
to elude or flee a police officer after receiving a visible or3251
audible signal from a police officer to bring the person's motor3252
vehicle to a stop.3253

       (C)(1) Whoever violates this section is guilty of failure to3254
comply with an order or signal of a police officer.3255

       (2) A violation of division (A) of this section is a3256
misdemeanor of the first degree.3257

       (3) Except as provided in divisions (C)(4) and (5) of this3258
section, a violation of division (B) of this section is a3259
misdemeanor of the first degree.3260

       (4) Except as provided in division (C)(5) of this section, a3261
violation of division (B) of this section is a felony of the3262
fourth degree if the jury or judge as trier of fact finds by proof3263
beyond a reasonable doubt that, in committing the offense, the3264
offender was fleeing immediately after the commission of a felony.3265

       (5)(a) A violation of division (B) of this section is a3266
felony of the third degree if the jury or judge as trier of fact3267
finds any of the following by proof beyond a reasonable doubt:3268

       (i) The operation of the motor vehicle by the offender was a3269
proximate cause of serious physical harm to persons or property.3270

       (ii) The operation of the motor vehicle by the offender3271
caused a substantial risk of serious physical harm to persons or3272
property.3273

       (b) If a police officer pursues an offender who is violating3274
division (B) of this section and division (C)(5)(a) of this3275
section applies, the sentencing court, in determining the3276
seriousness of an offender's conduct for purposes of sentencing3277
the offender for a violation of division (B) of this section,3278
shall consider, along with the factors set forth in sections3279
2929.12 and 2929.13 of the Revised Code that are required to be3280
considered, all of the following:3281

       (i) The duration of the pursuit;3282

       (ii) The distance of the pursuit;3283

       (iii) The rate of speed at which the offender operated the3284
motor vehicle during the pursuit;3285

       (iv) Whether the offender failed to stop for traffic lights3286
or stop signs during the pursuit;3287

       (v) The number of traffic lights or stop signs for which the3288
offender failed to stop during the pursuit;3289

       (vi) Whether the offender operated the motor vehicle during3290
the pursuit without lighted lights during a time when lighted3291
lights are required;3292

       (vii) Whether the offender committed a moving violation3293
during the pursuit;3294

       (viii) The number of moving violations the offender3295
committed during the pursuit;3296

       (ix) Any other relevant factors indicating that the3297
offender's conduct is more serious than conduct normally3298
constituting the offense.3299

       (D) If an offender is sentenced pursuant to division (C)(4)3300
or (5) of this section for a violation of division (B) of this3301
section, and if the offender is sentenced to a prison term for3302
that violation, the offender shall serve the prison term3303
consecutively to any other prison term or mandatory prison term3304
imposed upon the offender.3305

       (E) In addition to any other sanction imposed for a violation3306
of this section, the court shall impose a class two suspension3307
from the range specified in division (A)(2) of section 4510.02 of3308
the Revised Code. If the offender previously has been found3309
guilty of an offense under this section, the court shall impose a3310
class one suspension as described in division (A)(1) of that3311
section. The court shall not grant limited driving privileges to3312
the offender.3313

       (F) As used in this section:3314

       (1) "Moving violation" has the same meaning as in section3315
2743.70 of the Revised Code.3316

       (2) "Police officer" has the same meaning as in section3317
4511.01 of the Revised Code.3318

       Sec. 2923.01.  (A) No person, with purpose to commit or to3319
promote or facilitate the commission of aggravated murder, murder,3320
kidnapping, compelling prostitution, promoting prostitution,3321
aggravated arson, arson, aggravated robbery, robbery, aggravated3322
burglary, burglary, engaging in a pattern of corrupt activity,3323
corrupting another with drugs, a felony drug trafficking,3324
manufacturing, processing, or possession offense, theft of drugs,3325
or illegal processing of drug documents, the commission of a3326
felony offense of unauthorized use of a vehicle, or the commission3327
of a violation of any provision of Chapter 3734. of the Revised3328
Code, other than section 3734.18 of the Revised Code, that relates3329
to hazardous wastes, shall do either of the following:3330

       (1) With another person or persons, plan or aid in planning3331
the commission of any of the specified offenses;3332

       (2) Agree with another person or persons that one or more of3333
them will engage in conduct that facilitates the commission of any3334
of the specified offenses.3335

       (B) No person shall be convicted of conspiracy unless a3336
substantial overt act in furtherance of the conspiracy is alleged3337
and proved to have been done by the accused or a person with whom3338
the accused conspired, subsequent to the accused's entrance into3339
the conspiracy. For purposes of this section, an overt act is3340
substantial when it is of a character that manifests a purpose on3341
the part of the actor that the object of the conspiracy should be3342
completed.3343

       (C) When the offender knows or has reasonable cause to3344
believe that a person with whom the offender conspires also has3345
conspired or is conspiring with another to commit the same3346
offense, the offender is guilty of conspiring with that other3347
person, even though the other person's identity may be unknown to3348
the offender.3349

       (D) It is no defense to a charge under this section that, in3350
retrospect, commission of the offense that was the object of the3351
conspiracy was impossible under the circumstances.3352

       (E) A conspiracy terminates when the offense or offenses3353
that are its objects are committed or when it is abandoned by all3354
conspirators. In the absence of abandonment, it is no defense to3355
a charge under this section that no offense that was the object of3356
the conspiracy was committed.3357

       (F) A person who conspires to commit more than one offense3358
is guilty of only one conspiracy, when the offenses are the object3359
of the same agreement or continuous conspiratorial relationship.3360

       (G) When a person is convicted of committing or attempting3361
to commit a specific offense or of complicity in the commission of3362
or attempt to commit the specific offense, the person shall not be3363
convicted of conspiracy involving the same offense.3364

       (H)(1) No person shall be convicted of conspiracy upon the3365
testimony of a person with whom the defendant conspired,3366
unsupported by other evidence.3367

       (2) If a person with whom the defendant allegedly has3368
conspired testifies against the defendant in a case in which the3369
defendant is charged with conspiracy and if the testimony is3370
supported by other evidence, the court, when it charges the jury,3371
shall state substantially the following:3372

       "The testimony of an accomplice that is supported by other3373
evidence does not become inadmissible because of the accomplice's3374
complicity, moral turpitude, or self-interest, but the admitted or3375
claimed complicity of a witness may affect the witness'3376
credibility and make the witness' testimony subject to grave3377
suspicion, and require that it be weighed with great caution.3378

       It is for you, as jurors, in the light of all the facts3379
presented to you from the witness stand, to evaluate such3380
testimony and to determine its quality and worth or its lack of3381
quality and worth."3382

       (3) "Conspiracy," as used in division (H)(1) of this section,3383
does not include any conspiracy that results in an attempt to3384
commit an offense or in the commission of an offense.3385

       (I) The following are affirmative defenses to a charge of3386
conspiracy:3387

       (1) After conspiring to commit an offense, the actor3388
thwarted the success of the conspiracy under circumstances3389
manifesting a complete and voluntary renunciation of the actor's3390
criminal purpose.3391

       (2) After conspiring to commit an offense, the actor3392
abandoned the conspiracy prior to the commission of or attempt to3393
commit any offense that was the object of the conspiracy, either3394
by advising all other conspirators of the actor's abandonment, or3395
by informing any law enforcement authority of the existence of the3396
conspiracy and of the actor's participation in the conspiracy.3397

       (J) Whoever violates this section is guilty of conspiracy,3398
which is one of the following:3399

       (1) A felony of the first degree, when one of the objects of3400
the conspiracy is aggravated murder, murder, or an offense for3401
which the maximum penalty is imprisonment for life;3402

       (2) A felony of the next lesser degree than the most serious3403
offense that is the object of the conspiracy, when the most3404
serious offense that is the object of the conspiracy is a felony3405
of the first, second, third, or fourth degree;3406

       (3) A felony punishable by a fine of not more than3407
twenty-five thousand dollars or imprisonment for not more than3408
eighteen months, or both, when the offense that is the object of3409
the conspiracy is a violation of any provision of Chapter 3734. of3410
the Revised Code, other than section 3734.18 of the Revised Code,3411
that relates to hazardous wastes;3412

       (4) A misdemeanor of the first degree, when the most serious3413
offense that is the object of the conspiracy is a felony of the3414
fifth degree.3415

       (K) This section does not define a separate conspiracy3416
offense or penalty where conspiracy is defined as an offense by3417
one or more sections of the Revised Code, other than this section.3418
In such a case, however:3419

       (1) With respect to the offense specified as the object of3420
the conspiracy in the other section or sections, division (A) of3421
this section defines the voluntary act or acts and culpable mental3422
state necessary to constitute the conspiracy;3423

       (2) Divisions (B) to (I) of this section are incorporated by3424
reference in the conspiracy offense defined by the other section3425
or sections of the Revised Code.3426

       (L)(1) In addition to the penalties that otherwise are3427
imposed for conspiracy, a person who is found guilty of conspiracy3428
to engage in a pattern of corrupt activity is subject to divisions3429
(B)(2), (3), (4), and (5) of section 2923.32 of the Revised Code.3430

       (2) If a person is convicted of or pleads guilty to3431
conspiracy and if the most serious offense that is the object of3432
the conspiracy is a felony drug trafficking, manufacturing,3433
processing, or possession offense, in addition to the penalties or3434
sanctions that may be imposed for the conspiracy under division3435
(J)(2) or (4) of this section and Chapter 2929. of the Revised3436
Code, both of the following apply:3437

       (a) The provisions of divisions (D), (F), and (G) of section3438
2925.03, division (D) of section 2925.04, division (D) of section3439
2925.05, division (D) of section 2925.06, and division (E) of3440
section 2925.11 of the Revised Code that pertain to mandatory and3441
additional fines, driver's or commercial driver's license or3442
permit revocations or suspensions, and professionally licensed3443
persons or persons who have been admitted to the bar by order of3444
the supreme court and that would apply under the appropriate3445
provisions of those divisions to a person who is convicted of or3446
pleads guilty to the felony drug trafficking, manufacturing,3447
processing, or possession offense that is the most serious offense3448
that is the basis of the conspiracy shall apply to the person who3449
is convicted of or pleads guilty to the conspiracy as if the3450
person had been convicted of or pleaded guilty to the felony drug3451
trafficking, manufacturing, processing, or possession offense that3452
is the most serious offense that is the basis of the conspiracy.3453

       (b) The court that imposes sentence upon the person who is3454
convicted of or pleads guilty to the conspiracy shall comply with3455
the provisions identified as being applicable under division3456
(L)(2) of this section, in addition to any other penalty or3457
sanction that it imposes for the conspiracy under division (J)(2)3458
or (4) of this section and Chapter 2929. of the Revised Code.3459

       (M) As used in this section,:3460

       (1) "felony Felony drug trafficking, manufacturing,3461
processing, or possession offense" means any of the following that3462
is a felony:3463

       (1)(a) A violation of section 2925.03, 2925.04, 2925.05, or3464
2925.06 of the Revised Code;3465

       (2)(b) A violation of section 2925.11 of the Revised Code3466
that is not a minor drug possession offense,.3467

       (2) "Minor drug possession offense" has the same meaning as3468
defined in section 2925.01 of the Revised Code.3469

       Sec. 2923.122.  (A) No person shall knowingly convey, or3470
attempt to convey, a deadly weapon or dangerous ordnance into a3471
school safety zone.3472

       (B) No person shall knowingly possess a deadly weapon or3473
dangerous ordnance in a school safety zone.3474

       (C) No person shall knowingly possess an object in a school3475
safety zone if both of the following apply:3476

       (1) The object is indistinguishable from a firearm, whether3477
or not the object is capable of being fired.3478

       (2) The person indicates that the person possesses the3479
object and that it is a firearm, or the person knowingly displays3480
or brandishes the object and indicates that it is a firearm.3481

       (D) This section does not apply to officers, agents, or3482
employees of this or any other state or the United States, or to3483
law enforcement officers, authorized to carry deadly weapons or3484
dangerous ordnance and acting within the scope of their duties, to3485
any security officer employed by a board of education or governing3486
body of a school during the time that the security officer is on3487
duty pursuant to that contract of employment, or to any other3488
person who has written authorization from the board of education3489
or governing body of a school to convey deadly weapons or3490
dangerous ordnance into a school safety zone or to possess a3491
deadly weapon or dangerous ordnance in a school safety zone and3492
who conveys or possesses the deadly weapon or dangerous ordnance3493
in accordance with that authorization.3494

       Division (C) of this section does not apply to premises upon3495
which home schooling is conducted. Division (C) of this section3496
also does not apply to a school administrator, teacher, or3497
employee who possesses an object that is indistinguishable from a3498
firearm for legitimate school purposes during the course of3499
employment, a student who uses an object that is indistinguishable3500
from a firearm under the direction of a school administrator,3501
teacher, or employee, or any other person who with the express3502
prior approval of a school administrator possesses an object that3503
is indistinguishable from a firearm for a legitimate purpose,3504
including the use of the object in a ceremonial activity, a play,3505
reenactment, or other dramatic presentation, or a ROTC activity or3506
another similar use of the object.3507

       (E)(1) Whoever violates division (A) or (B) of this section3508
is guilty of illegal conveyance or possession of a deadly weapon3509
or dangerous ordnance in a school safety zone. Except as3510
otherwise provided in this division, illegal conveyance or3511
possession of a deadly weapon or dangerous ordnance in a school3512
safety zone is a felony of the fifth degree. If the offender3513
previously has been convicted of a violation of this section,3514
illegal conveyance or possession of a deadly weapon or dangerous3515
ordnance in a school safety zone is a felony of the fourth degree.3516

       (2) Whoever violates division (C) of this section is guilty3517
of illegal possession of an object indistinguishable from a3518
firearm in a school safety zone. Except as otherwise provided in3519
this division, illegal possession of an object indistinguishable3520
from a firearm in a school safety zone is a misdemeanor of the3521
first degree. If the offender previously has been convicted of a3522
violation of this section, illegal possession of an object3523
indistinguishable from a firearm in a school safety zone is a3524
felony of the fifth degree.3525

       (F)(1) In addition to any other penalty imposed upon a3526
person who is convicted of or pleads guilty to a violation of this3527
section and subject to division (F)(2) of this section, if the3528
offender has not attained nineteen years of age, regardless of3529
whether the offender is attending or is enrolled in a school3530
operated by a board of education or for which the state board of3531
education prescribes minimum standards under section 3301.07 of3532
the Revised Code, the court shall impose upon the offender3533
whichever of the following penalties applies:3534

       (a) If the offender has been issued a class four suspension3535
of the offender's probationary driver's license, restricted3536
license, driver's license, commercial driver's license, temporary3537
instruction permit, or probationary commercial driver's license3538
that then is in effect, the court shall suspend for a period of3539
not less than twelve months and not more than thirty-six months3540
that license of the offender.3541

       (b) If the offender has been issued a temporary instruction3542
permit that then is in effect, the court shall revoke it and deny3543
the offender the issuance of another temporary instruction permit,3544
and the period of denial shall be for not less than twelve months3545
and not more than thirty-six months.3546

       (c) If the offender has been issued a commercial driver's3547
license temporary instruction permit that then is in effect, the3548
court shall suspend the offender's driver's license, revoke the3549
commercial driver's license temporary instruction permit, and deny3550
the offender the issuance of another commercial driver's license3551
temporary instruction permit, and the period of suspension plus3552
the period of denial shall total not less than twelve months and3553
not more than thirty-six months.3554

       (d) If, on the date the court imposes sentence upon the3555
offender for a violation of this section, the offender has not3556
been issued any type of license that then is in effect to operate3557
a motor vehicle in this state or a temporary instruction permit3558
that then is in effect, the courtfrom the range specified in3559
division (A)(4) of section 4510.02 of the Revised Code and shall3560
deny the offender the issuance of a temporary instructionany3561
permit for aor license of that type during the period of not less3562
than twelve months and not more than thirty-six monthsthe3563
suspension.3564

       (e) If the offender is not a resident of this state, the3565
court shall suspend for a period of not less than twelve months3566
and not more than thirty-six monthsimpose a class four suspension3567
of the nonresident operating privilege of the offender from the3568
range specified in division (A)(4) of section 4510.02 of the3569
Revised Code.3570

       (2) If the offender shows good cause why the court should3571
not suspend or revoke one of the types of licenses, permits, or3572
privileges specified in division (F)(1) of this section or deny3573
the issuance of one of the temporary instruction permits specified3574
in that division, the court in its discretion may choose not to3575
impose the suspension, revocation, or denial required in that3576
division.3577

       (G) As used in this section, "object that is3578
indistinguishable from a firearm" means an object made,3579
constructed, or altered so that, to a reasonable person without3580
specialized training in firearms, the object appears to be a3581
firearm.3582

       Sec. 2925.01.  As used in this chapter:3583

       (A) "Administer," "controlled substance," "dispense,"3584
"distribute," "hypodermic," "manufacturer," "official written3585
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"3586
"schedule II," "schedule III," "schedule IV," "schedule V," and3587
"wholesaler" have the same meanings as in section 3719.01 of the3588
Revised Code.3589

       (B) "Drug dependent person" and "drug of abuse" have the same3590
meanings as in section 3719.011 of the Revised Code.3591

       (C) "Drug," "dangerous drug," "licensed health professional3592
authorized to prescribe drugs," and "prescription" have the same3593
meanings as in section 4729.01 of the Revised Code.3594

       (D) "Bulk amount" of a controlled substance means any of the3595
following:3596

       (1) For any compound, mixture, preparation, or substance3597
included in schedule I, schedule II, or schedule III, with the3598
exception of marihuana, cocaine, L.S.D., heroin, and hashish and3599
except as provided in division (D)(2) or (5) of this section,3600
whichever of the following is applicable:3601

       (a) An amount equal to or exceeding ten grams or twenty-five3602
unit doses of a compound, mixture, preparation, or substance that3603
is or contains any amount of a schedule I opiate or opium3604
derivative;3605

       (b) An amount equal to or exceeding ten grams of a compound,3606
mixture, preparation, or substance that is or contains any amount3607
of raw or gum opium;3608

       (c) An amount equal to or exceeding thirty grams or ten unit3609
doses of a compound, mixture, preparation, or substance that is or3610
contains any amount of a schedule I hallucinogen other than3611
tetrahydrocannabinol or lysergic acid amide, or a schedule I3612
stimulant or depressant;3613

       (d) An amount equal to or exceeding twenty grams or five3614
times the maximum daily dose in the usual dose range specified in3615
a standard pharmaceutical reference manual of a compound, mixture,3616
preparation, or substance that is or contains any amount of a3617
schedule II opiate or opium derivative;3618

       (e) An amount equal to or exceeding five grams or ten unit3619
doses of a compound, mixture, preparation, or substance that is or3620
contains any amount of phencyclidine;3621

       (f) An amount equal to or exceeding one hundred twenty grams3622
or thirty times the maximum daily dose in the usual dose range3623
specified in a standard pharmaceutical reference manual of a3624
compound, mixture, preparation, or substance that is or contains3625
any amount of a schedule II stimulant that is in a final dosage3626
form manufactured by a person authorized by the "Federal Food,3627
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as3628
amended, and the federal drug abuse control laws, as defined in3629
section 3719.01 of the Revised Code, that is or contains any3630
amount of a schedule II depressant substance or a schedule II3631
hallucinogenic substance;3632

       (g) An amount equal to or exceeding three grams of a3633
compound, mixture, preparation, or substance that is or contains3634
any amount of a schedule II stimulant, or any of its salts or3635
isomers, that is not in a final dosage form manufactured by a3636
person authorized by the Federal Food, Drug, and Cosmetic Act and3637
the federal drug abuse control laws.3638

       (2) An amount equal to or exceeding one hundred twenty grams3639
or thirty times the maximum daily dose in the usual dose range3640
specified in a standard pharmaceutical reference manual of a3641
compound, mixture, preparation, or substance that is or contains3642
any amount of a schedule III or IV substance other than an3643
anabolic steroid or a schedule III opiate or opium derivative;3644

       (3) An amount equal to or exceeding twenty grams or five3645
times the maximum daily dose in the usual dose range specified in3646
a standard pharmaceutical reference manual of a compound, mixture,3647
preparation, or substance that is or contains any amount of a3648
schedule III opiate or opium derivative;3649

       (4) An amount equal to or exceeding two hundred fifty3650
milliliters or two hundred fifty grams of a compound, mixture,3651
preparation, or substance that is or contains any amount of a3652
schedule V substance;3653

       (5) An amount equal to or exceeding two hundred solid dosage3654
units, sixteen grams, or sixteen milliliters of a compound,3655
mixture, preparation, or substance that is or contains any amount3656
of a schedule III anabolic steroid.3657

       (E) "Unit dose" means an amount or unit of a compound,3658
mixture, or preparation containing a controlled substance that is3659
separately identifiable and in a form that indicates that it is3660
the amount or unit by which the controlled substance is separately3661
administered to or taken by an individual.3662

       (F) "Cultivate" includes planting, watering, fertilizing, or3663
tilling.3664

       (G) "Drug abuse offense" means any of the following:3665

       (1) A violation of division (A) of section 2913.02 that3666
constitutes theft of drugs, or a violation of section 2925.02,3667
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13,3668
2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or 2925.373669
of the Revised Code;3670

       (2) A violation of an existing or former law of this or any3671
other state or of the United States that is substantially3672
equivalent to any section listed in division (G)(1) of this3673
section;3674

       (3) An offense under an existing or former law of this or3675
any other state, or of the United States, of which planting,3676
cultivating, harvesting, processing, making, manufacturing,3677
producing, shipping, transporting, delivering, acquiring,3678
possessing, storing, distributing, dispensing, selling, inducing3679
another to use, administering to another, using, or otherwise3680
dealing with a controlled substance is an element;3681

       (4) A conspiracy to commit, attempt to commit, or complicity3682
in committing or attempting to commit any offense under division3683
(G)(1), (2), or (3) of this section.3684

       (H) "Felony drug abuse offense" means any drug abuse offense3685
that would constitute a felony under the laws of this state, any3686
other state, or the United States.3687

       (I) "Harmful intoxicant" does not include beer or3688
intoxicating liquor but means any compound, mixture, preparation,3689
or substance the gas, fumes, or vapor of which when inhaled can3690
induce intoxication, excitement, giddiness, irrational behavior,3691
depression, stupefaction, paralysis, unconsciousness,3692
asphyxiation, or other harmful physiological effects, and3693
includes, but is not limited to, any of the following:3694

       (1) Any volatile organic solvent, plastic cement, model3695
cement, fingernail polish remover, lacquer thinner, cleaning3696
fluid, gasoline, or other preparation containing a volatile3697
organic solvent;3698

       (2) Any aerosol propellant;3699

       (3) Any fluorocarbon refrigerant;3700

       (4) Any anesthetic gas.3701

       (J) "Manufacture" means to plant, cultivate, harvest,3702
process, make, prepare, or otherwise engage in any part of the3703
production of a drug, by propagation, extraction, chemical3704
synthesis, or compounding, or any combination of the same, and3705
includes packaging, repackaging, labeling, and other activities3706
incident to production.3707

       (K) "Possess" or "possession" means having control over a3708
thing or substance, but may not be inferred solely from mere3709
access to the thing or substance through ownership or occupation3710
of the premises upon which the thing or substance is found.3711

       (L) "Sample drug" means a drug or pharmaceutical preparation3712
that would be hazardous to health or safety if used without the3713
supervision of a licensed health professional authorized to3714
prescribe drugs, or a drug of abuse, and that, at one time, had3715
been placed in a container plainly marked as a sample by a3716
manufacturer.3717

       (M) "Standard pharmaceutical reference manual" means the3718
current edition, with cumulative changes if any, of any of the3719
following reference works:3720

       (1) "The National Formulary";3721

       (2) "The United States Pharmacopeia," prepared by authority3722
of the United States Pharmacopeial Convention, Inc.;3723

       (3) Other standard references that are approved by the state3724
board of pharmacy.3725

       (N) "Juvenile" means a person under eighteen years of age.3726

       (O) "Counterfeit controlled substance" means any of the3727
following:3728

       (1) Any drug that bears, or whose container or label bears,3729
a trademark, trade name, or other identifying mark used without3730
authorization of the owner of rights to that trademark, trade3731
name, or identifying mark;3732

       (2) Any unmarked or unlabeled substance that is represented3733
to be a controlled substance manufactured, processed, packed, or3734
distributed by a person other than the person that manufactured,3735
processed, packed, or distributed it;3736

       (3) Any substance that is represented to be a controlled3737
substance but is not a controlled substance or is a different3738
controlled substance;3739

       (4) Any substance other than a controlled substance that a3740
reasonable person would believe to be a controlled substance3741
because of its similarity in shape, size, and color, or its3742
markings, labeling, packaging, distribution, or the price for3743
which it is sold or offered for sale.3744

       (P) An offense is "committed in the vicinity of a school" if3745
the offender commits the offense on school premises, in a school3746
building, or within one thousand feet of the boundaries of any3747
school premises.3748

       (Q) "School" means any school operated by a board of3749
education or any school for which the state board of education3750
prescribes minimum standards under section 3301.07 of the Revised3751
Code, whether or not any instruction, extracurricular activities,3752
or training provided by the school is being conducted at the time3753
a criminal offense is committed.3754

       (R) "School premises" means either of the following:3755

       (1) The parcel of real property on which any school is3756
situated, whether or not any instruction, extracurricular3757
activities, or training provided by the school is being conducted3758
on the premises at the time a criminal offense is committed;3759

       (2) Any other parcel of real property that is owned or3760
leased by a board of education of a school or the governing body3761
of a school for which the state board of education prescribes3762
minimum standards under section 3301.07 of the Revised Code and on3763
which some of the instruction, extracurricular activities, or3764
training of the school is conducted, whether or not any3765
instruction, extracurricular activities, or training provided by3766
the school is being conducted on the parcel of real property at3767
the time a criminal offense is committed.3768

       (S) "School building" means any building in which any of the3769
instruction, extracurricular activities, or training provided by a3770
school is conducted, whether or not any instruction,3771
extracurricular activities, or training provided by the school is3772
being conducted in the school building at the time a criminal3773
offense is committed.3774

       (T) "Disciplinary counsel" means the disciplinary counsel3775
appointed by the board of commissioners on grievances and3776
discipline of the supreme court under the Rules for the Government3777
of the Bar of Ohio.3778

       (U) "Certified grievance committee" means a duly constituted3779
and organized committee of the Ohio state bar association or of3780
one or more local bar associations of the state of Ohio that3781
complies with the criteria set forth in Rule V, section 6 of the3782
Rules for the Government of the Bar of Ohio.3783

       (V) "Professional license" means any license, permit,3784
certificate, registration, qualification, admission, temporary3785
license, temporary permit, temporary certificate, or temporary3786
registration that is described in divisions (W)(1) to (35)(36) of3787
this section and that qualifies a person as a professionally3788
licensed person.3789

       (W) "Professionally licensed person" means any of the3790
following:3791

       (1) A person who has obtained a license as a manufacturer of3792
controlled substances or a wholesaler of controlled substances3793
under Chapter 3719. of the Revised Code;3794

       (2) A person who has received a certificate or temporary3795
certificate as a certified public accountant or who has registered3796
as a public accountant under Chapter 4701. of the Revised Code and3797
who holds an Ohio permit issued under that chapter;3798

       (3) A person who holds a certificate of qualification to3799
practice architecture issued or renewed and registered under3800
Chapter 4703. of the Revised Code;3801

       (4) A person who is registered as a landscape architect3802
under Chapter 4703. of the Revised Code or who holds a permit as a3803
landscape architect issued under that chapter;3804

       (5) A person licensed as an auctioneer or apprentice3805
auctioneer or licensed to operate an auction company under Chapter3806
4707. of the Revised Code;3807

       (6) A person who has been issued a certificate of3808
registration as a registered barber under Chapter 4709. of the3809
Revised Code;3810

       (7) A person licensed and regulated to engage in the3811
business of a debt pooling company by a legislative authority,3812
under authority of Chapter 4710. of the Revised Code;3813

       (8) A person who has been issued a cosmetologist's license,3814
manicurist's license, esthetician's license, managing3815
cosmetologist's license, managing manicurist's license, managing3816
esthetician's license, cosmetology instructor's license,3817
manicurist instructor's license, esthetician instructor's license,3818
or tanning facility permit under Chapter 4713. of the Revised3819
Code;3820

       (9) A person who has been issued a license to practice3821
dentistry, a general anesthesia permit, a conscious intravenous3822
sedation permit, a limited resident's license, a limited teaching3823
license, a dental hygienist's license, or a dental hygienist's3824
teacher's certificate under Chapter 4715. of the Revised Code;3825

       (10) A person who has been issued an embalmer's license, a3826
funeral director's license, a funeral home license, or a crematory3827
license, or who has been registered for an embalmer's or funeral3828
director's apprenticeship under Chapter 4717. of the Revised Code;3829

       (11) A person who has been licensed as a registered nurse or3830
practical nurse, or who has been issued a certificate for the3831
practice of nurse-midwifery under Chapter 4723. of the Revised3832
Code;3833

       (12) A person who has been licensed to practice optometry or3834
to engage in optical dispensing under Chapter 4725. of the Revised3835
Code;3836

       (13) A person licensed to act as a pawnbroker under Chapter3837
4727. of the Revised Code;3838

       (14) A person licensed to act as a precious metals dealer3839
under Chapter 4728. of the Revised Code;3840

       (15) A person licensed as a pharmacist, a pharmacy intern, a3841
wholesale distributor of dangerous drugs, or a terminal3842
distributor of dangerous drugs under Chapter 4729. of the Revised3843
Code;3844

       (16) A person who is authorized to practice as a physician3845
assistant under Chapter 4730. of the Revised Code;3846

       (17) A person who has been issued a certificate to practice3847
medicine and surgery, osteopathic medicine and surgery, a limited3848
branch of medicine, or podiatry under Chapter 4731. of the Revised3849
Code;3850

       (18) A person licensed as a psychologist or school3851
psychologist under Chapter 4732. of the Revised Code;3852

       (19) A person registered to practice the profession of3853
engineering or surveying under Chapter 4733. of the Revised Code;3854

       (20) A person who has been issued a license to practice3855
chiropractic under Chapter 4734. of the Revised Code;3856

       (21) A person licensed to act as a real estate broker or3857
real estate salesperson under Chapter 4735. of the Revised Code;3858

       (22) A person registered as a registered sanitarian under3859
Chapter 4736. of the Revised Code;3860

       (23) A person licensed to operate or maintain a junkyard3861
under Chapter 4737. of the Revised Code;3862

       (24) A person who has been issued a motor vehicle salvage3863
dealer's license under Chapter 4738. of the Revised Code;3864

       (25) A person who has been licensed to act as a steam3865
engineer under Chapter 4739. of the Revised Code;3866

       (26) A person who has been issued a license or temporary3867
permit to practice veterinary medicine or any of its branches, or3868
who is registered as a graduate animal technician under Chapter3869
4741. of the Revised Code;3870

       (27) A person who has been issued a hearing aid dealer's or3871
fitter's license or trainee permit under Chapter 4747. of the3872
Revised Code;3873

       (28) A person who has been issued a class A, class B, or3874
class C license or who has been registered as an investigator or3875
security guard employee under Chapter 4749. of the Revised Code;3876

       (29) A person licensed and registered to practice as a3877
nursing home administrator under Chapter 4751. of the Revised3878
Code;3879

       (30) A person licensed to practice as a speech-language3880
pathologist or audiologist under Chapter 4753. of the Revised3881
Code;3882

       (31) A person issued a license as an occupational therapist3883
or physical therapist under Chapter 4755. of the Revised Code;3884

       (32) A person who is licensed as a professional clinical3885
counselor or professional counselor, licensed as a social worker3886
or independent social worker, or registered as a social work3887
assistant under Chapter 4757. of the Revised Code;3888

       (33) A person issued a license to practice dietetics under3889
Chapter 4759. of the Revised Code;3890

       (34) A person who has been issued a license or limited3891
permit to practice respiratory therapy under Chapter 4761. of the3892
Revised Code;3893

       (35) A person who has been issued a real estate appraiser3894
certificate under Chapter 4763. of the Revised Code;3895

       (36) A person who has been admitted to the bar by order of3896
the supreme court in compliance with its prescribed and published3897
rules.3898

       (X) "Cocaine" means any of the following:3899

       (1) A cocaine salt, isomer, or derivative, a salt of a3900
cocaine isomer or derivative, or the base form of cocaine;3901

       (2) Coca leaves or a salt, compound, derivative, or3902
preparation of coca leaves, including ecgonine, a salt, isomer, or3903
derivative of ecgonine, or a salt of an isomer or derivative of3904
ecgonine;3905

       (3) A salt, compound, derivative, or preparation of a3906
substance identified in division (X)(1) or (2) of this section3907
that is chemically equivalent to or identical with any of those3908
substances, except that the substances shall not include3909
decocainized coca leaves or extraction of coca leaves if the3910
extractions do not contain cocaine or ecgonine.3911

       (Y) "L.S.D." means lysergic acid diethylamide.3912

       (Z) "Hashish" means the resin or a preparation of the resin3913
contained in marihuana, whether in solid form or in a liquid3914
concentrate, liquid extract, or liquid distillate form.3915

       (AA) "Marihuana" has the same meaning as in section 3719.013916
of the Revised Code, except that it does not include hashish.3917

       (BB) An offense is "committed in the vicinity of a juvenile"3918
if the offender commits the offense within one hundred feet of a3919
juvenile or within the view of a juvenile, regardless of whether3920
the offender knows the age of the juvenile, whether the offender3921
knows the offense is being committed within one hundred feet of or3922
within view of the juvenile, or whether the juvenile actually3923
views the commission of the offense.3924

       (CC) "Presumption for a prison term" or "presumption that a3925
prison term shall be imposed" means a presumption, as described in3926
division (D) of section 2929.13 of the Revised Code, that a prison3927
term is a necessary sanction for a felony in order to comply with3928
the purposes and principles of sentencing under section 2929.11 of3929
the Revised Code.3930

       (DD) "Major drug offender" has the same meaning as in section3931
2929.01 of the Revised Code.3932

       (EE) "Minor drug possession offense" means either of the3933
following:3934

       (1) A violation of section 2925.11 of the Revised Code as it3935
existed prior to July 1, 1996;3936

       (2) A violation of section 2925.11 of the Revised Code as it3937
exists on and after July 1, 1996, that is a misdemeanor or a3938
felony of the fifth degree.3939

       (FF) "Mandatory prison term" has the same meaning as in3940
section 2929.01 of the Revised Code.3941

       (GG) "Crack cocaine" means a compound, mixture, preparation,3942
or substance that is or contains any amount of cocaine that is3943
analytically identified as the base form of cocaine or that is in3944
a form that resembles rocks or pebbles generally intended for3945
individual use.3946

       (HH) "Adulterate" means to cause a drug to be adulterated as3947
described in section 3715.63 of the Revised Code.3948

       Sec. 2925.02.  (A) No person shall knowingly do any of the3949
following:3950

       (1) By force, threat, or deception, administer to another or3951
induce or cause another to use a controlled substance;3952

       (2) By any means, administer or furnish to another or induce3953
or cause another to use a controlled substance with purpose to3954
cause serious physical harm to the other person, or with purpose3955
to cause the other person to become drug dependent;3956

       (3) By any means, administer or furnish to another or induce3957
or cause another to use a controlled substance, and thereby cause3958
serious physical harm to the other person, or cause the other3959
person to become drug dependent;3960

       (4) By any means, do any of the following:3961

       (a) Furnish or administer a controlled substance to a3962
juvenile who is at least two years the offender's junior, when the3963
offender knows the age of the juvenile or is reckless in that3964
regard;3965

       (b) Induce or cause a juvenile who is at least two years the3966
offender's junior to use a controlled substance, when the offender3967
knows the age of the juvenile or is reckless in that regard;3968

       (c) Induce or cause a juvenile who is at least two years the3969
offender's junior to commit a felony drug abuse offense, when the3970
offender knows the age of the juvenile or is reckless in that3971
regard;3972

       (d) Use a juvenile, whether or not the offender knows the3973
age of the juvenile, to perform any surveillance activity that is3974
intended to prevent the detection of the offender or any other3975
person in the commission of a felony drug abuse offense or to3976
prevent the arrest of the offender or any other person for the3977
commission of a felony drug abuse offense.3978

       (B) Division (A)(1), (3), or (4) of this section does not3979
apply to manufacturers, wholesalers, licensed health professionals3980
authorized to prescribe drugs, pharmacists, owners of pharmacies,3981
and other persons whose conduct is in accordance with Chapters3982
3719., 4715., 4723., 4729., 4731., and 4741. of the Revised Code.3983

       (C) Whoever violates this section is guilty of corrupting3984
another with drugs. The penalty for the offense shall be3985
determined as follows:3986

       (1) Except as otherwise provided in this division, if the3987
drug involved is any compound, mixture, preparation, or substance3988
included in schedule I or II, with the exception of marihuana,3989
corrupting another with drugs is a felony of the second degree,3990
and, subject to division (E) of this section, the court shall3991
impose as a mandatory prison term one of the prison terms3992
prescribed for a felony of the second degree. If the drug3993
involved is any compound, mixture, preparation, or substance3994
included in schedule I or II, with the exception of marihuana, and3995
if the offense was committed in the vicinity of a school,3996
corrupting another with drugs is a felony of the first degree,3997
and, subject to division (E) of this section, the court shall3998
impose as a mandatory prison term one of the prison terms3999
prescribed for a felony of the first degree.4000

       (2) Except as otherwise provided in this division, if the4001
drug involved is any compound, mixture, preparation, or substance4002
included in schedule III, IV, or V, corrupting another with drugs4003
is a felony of the second degree, and there is a presumption for a4004
prison term for the offense. If the drug involved is any4005
compound, mixture, preparation, or substance included in schedule4006
III, IV, or V and if the offense was committed in the vicinity of4007
a school, corrupting another with drugs is a felony of the second4008
degree, and the court shall impose as a mandatory prison term one4009
of the prison terms prescribed for a felony of the second degree.4010

       (3) Except as otherwise provided in this division, if the4011
drug involved is marihuana, corrupting another with drugs is a4012
felony of the fourth degree, and division (C) of section 2929.134013
of the Revised Code applies in determining whether to impose a4014
prison term on the offender. If the drug involved is marihuana4015
and if the offense was committed in the vicinity of a school,4016
corrupting another with drugs is a felony of the third degree, and4017
division (C) of section 2929.13 of the Revised Code applies in4018
determining whether to impose a prison term on the offender.4019

       (D) In addition to any prison term authorized or required by4020
division (C) or (E) of this section and sections 2929.13 and4021
2929.14 of the Revised Code and in addition to any other sanction4022
imposed for the offense under this section or sections 2929.11 to4023
2929.18 of the Revised Code, the court that sentences an offender4024
who is convicted of or pleads guilty to a violation of division4025
(A) of this section or the clerk of that court shall do all of the4026
following that are applicable regarding the offender:4027

       (1)(a) If the violation is a felony of the first, second, or4028
third degree, the court shall impose upon the offender the4029
mandatory fine specified for the offense under division (B)(1) of4030
section 2929.18 of the Revised Code unless, as specified in that4031
division, the court determines that the offender is indigent.4032

       (b) Notwithstanding any contrary provision of section4033
3719.21 of the Revised Code, any mandatory fine imposed pursuant4034
to division (D)(1)(a) of this section and any fine imposed for a4035
violation of this section pursuant to division (A) of section4036
2929.18 of the Revised Code shall be paid by the clerk of the4037
court in accordance with and subject to the requirements of, and4038
shall be used as specified in, division (F) of section 2925.03 of4039
the Revised Code.4040

       (c) If a person is charged with any violation of this4041
section that is a felony of the first, second, or third degree,4042
posts bail, and forfeits the bail, the forfeited bail shall be4043
paid by the clerk of the court pursuant to division (D)(1)(b) of4044
this section as if it were a fine imposed for a violation of this4045
section.4046

       (2) The court either shall revoke or, if it does not revoke,4047
shall suspend for not less than six months or more than five4048
years, the driver's or commercial driver's license or permit of4049
any person who is convicted of or pleads guilty to a violation of4050
this section that is a felony of the first degree and shall4051
suspend for not less than six months nor more than five years the4052
offender's driver's or commercial driver's license or permit of4053
any person who is convicted of or pleads guilty to any other4054
violation of this section. If an offender's driver's or4055
commercial driver's license or permit is revokedsuspended4056
pursuant to this division, the offender, at any time after the4057
expiration of two years from the day on which the offender's4058
sentence was imposed or from the day on which the offender finally4059
was released from a prison term under the sentence, whichever is4060
later, may file a motion with the sentencing court requesting4061
termination of the revocationsuspension. Upon the filing of the4062
motion and the court's finding of good cause for the termination,4063
the court may terminate the revocationsuspension.4064

       (3) If the offender is a professionally licensed person or a4065
person who has been admitted to the bar by order of the supreme4066
court in compliance with its prescribed and published rules, in4067
addition to any other sanction imposed for a violation of this4068
section, the court forthwithimmediately shall comply with section4069
2925.38 of the Revised Code.4070

       (E) Notwithstanding the prison term otherwise authorized or4071
required for the offense under division (C) of this section and4072
sections 2929.13 and 2929.14 of the Revised Code, if the violation4073
of division (A) of this section involves the sale, offer to sell,4074
or possession of a schedule I or II controlled substance, with the4075
exception of marihuana, and if the court imposing sentence upon4076
the offender finds that the offender as a result of the violation4077
is a major drug offender and is guilty of a specification of the4078
type described in section 2941.1410 of the Revised Code, the4079
court, in lieu of the prison term that otherwise is authorized or4080
required, shall impose upon the offender the mandatory prison term4081
specified in division (D)(3)(a) of section 2929.14 of the Revised4082
Code and may impose an additional prison term under division4083
(D)(3)(b) of that section.4084

       Sec. 2925.03.  (A) No person shall knowingly do any of the4085
following:4086

       (1) Sell or offer to sell a controlled substance;4087

       (2) Prepare for shipment, ship, transport, deliver, prepare4088
for distribution, or distribute a controlled substance, when the4089
offender knows or has reasonable cause to believe that the4090
controlled substance is intended for sale or resale by the4091
offender or another person.4092

       (B) This section does not apply to any of the following:4093

       (1) Manufacturers, licensed health professionals authorized4094
to prescribe drugs, pharmacists, owners of pharmacies, and other4095
persons whose conduct is in accordance with Chapters 3719., 4715.,4096
4723., 4729., 4731., and 4741. of the Revised Code;4097

       (2) If the offense involves an anabolic steroid, any person4098
who is conducting or participating in a research project involving4099
the use of an anabolic steroid if the project has been approved by4100
the United States food and drug administration;4101

       (3) Any person who sells, offers for sale, prescribes,4102
dispenses, or administers for livestock or other nonhuman species4103
an anabolic steroid that is expressly intended for administration4104
through implants to livestock or other nonhuman species and4105
approved for that purpose under the "Federal Food, Drug, and4106
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,4107
and is sold, offered for sale, prescribed, dispensed, or4108
administered for that purpose in accordance with that act.4109

       (C) Whoever violates division (A) of this section is guilty4110
of one of the following:4111

       (1) If the drug involved in the violation is any compound,4112
mixture, preparation, or substance included in schedule I or4113
schedule II, with the exception of marihuana, cocaine, L.S.D.,4114
heroin, and hashish, whoever violates division (A) of this section4115
is guilty of aggravated trafficking in drugs. The penalty for the4116
offense shall be determined as follows:4117

       (a) Except as otherwise provided in division (C)(1)(b), (c),4118
(d), (e), or (f) of this section, aggravated trafficking in drugs4119
is a felony of the fourth degree, and division (C) of section4120
2929.13 of the Revised Code applies in determining whether to4121
impose a prison term on the offender.4122

       (b) Except as otherwise provided in division (C)(1)(c), (d),4123
(e), or (f) of this section, if the offense was committed in the4124
vicinity of a school or in the vicinity of a juvenile, aggravated4125
trafficking in drugs is a felony of the third degree, and division4126
(C) of section 2929.13 of the Revised Code applies in determining4127
whether to impose a prison term on the offender.4128

       (c) Except as otherwise provided in this division, if the4129
amount of the drug involved equals or exceeds the bulk amount but4130
is less than five times the bulk amount, aggravated trafficking in4131
drugs is a felony of the third degree, and the court shall impose4132
as a mandatory prison term one of the prison terms prescribed for4133
a felony of the third degree. If the amount of the drug involved4134
is within that range and if the offense was committed in the4135
vicinity of a school or in the vicinity of a juvenile, aggravated4136
trafficking in drugs is a felony of the second degree, and the4137
court shall impose as a mandatory prison term one of the prison4138
terms prescribed for a felony of the second degree.4139

       (d) Except as otherwise provided in this division, if the4140
amount of the drug involved equals or exceeds five times the bulk4141
amount but is less than fifty times the bulk amount, aggravated4142
trafficking in drugs is a felony of the second degree, and the4143
court shall impose as a mandatory prison term one of the prison4144
terms prescribed for a felony of the second degree. If the amount4145
of the drug involved is within that range and if the offense was4146
committed in the vicinity of a school or in the vicinity of a4147
juvenile, aggravated trafficking in drugs is a felony of the first4148
degree, and the court shall impose as a mandatory prison term one4149
of the prison terms prescribed for a felony of the first degree.4150

       (e) If the amount of the drug involved equals or exceeds4151
fifty times the bulk amount but is less than one hundred times the4152
bulk amount and regardless of whether the offense was committed in4153
the vicinity of a school or in the vicinity of a juvenile,4154
aggravated trafficking in drugs is a felony of the first degree,4155
and the court shall impose as a mandatory prison term one of the4156
prison terms prescribed for a felony of the first degree.4157

       (f) If the amount of the drug involved equals or exceeds one4158
hundred times the bulk amount and regardless of whether the4159
offense was committed in the vicinity of a school or in the4160
vicinity of a juvenile, aggravated trafficking in drugs is a4161
felony of the first degree, the offender is a major drug offender,4162
and the court shall impose as a mandatory prison term the maximum4163
prison term prescribed for a felony of the first degree and may4164
impose an additional prison term prescribed for a major drug4165
offender under division (D)(3)(b) of section 2929.14 of the4166
Revised Code.4167

       (2) If the drug involved in the violation is any compound,4168
mixture, preparation, or substance included in schedule III, IV,4169
or V, whoever violates division (A) of this section is guilty of4170
trafficking in drugs. The penalty for the offense shall be4171
determined as follows:4172

       (a) Except as otherwise provided in division (C)(2)(b), (c),4173
(d), or (e) of this section, trafficking in drugs is a felony of4174
the fifth degree, and division (C) of section 2929.13 of the4175
Revised Code applies in determining whether to impose a prison4176
term on the offender.4177

       (b) Except as otherwise provided in division (C)(2)(c), (d),4178
or (e) of this section, if the offense was committed in the4179
vicinity of a school or in the vicinity of a juvenile, trafficking4180
in drugs is a felony of the fourth degree, and division (C) of4181
section 2929.13 of the Revised Code applies in determining whether4182
to impose a prison term on the offender.4183

       (c) Except as otherwise provided in this division, if the4184
amount of the drug involved equals or exceeds the bulk amount but4185
is less than five times the bulk amount, trafficking in drugs is a4186
felony of the fourth degree, and there is a presumption for a4187
prison term for the offense. If the amount of the drug involved4188
is within that range and if the offense was committed in the4189
vicinity of a school or in the vicinity of a juvenile, trafficking4190
in drugs is a felony of the third degree, and there is a4191
presumption for a prison term for the offense.4192

       (d) Except as otherwise provided in this division, if the4193
amount of the drug involved equals or exceeds five times the bulk4194
amount but is less than fifty times the bulk amount, trafficking4195
in drugs is a felony of the third degree, and there is a4196
presumption for a prison term for the offense. If the amount of4197
the drug involved is within that range and if the offense was4198
committed in the vicinity of a school or in the vicinity of a4199
juvenile, trafficking in drugs is a felony of the second degree,4200
and there is a presumption for a prison term for the offense.4201

       (e) Except as otherwise provided in this division, if the4202
amount of the drug involved equals or exceeds fifty times the bulk4203
amount, trafficking in drugs is a felony of the second degree, and4204
the court shall impose as a mandatory prison term one of the4205
prison terms prescribed for a felony of the second degree. If the4206
amount of the drug involved equals or exceeds fifty times the bulk4207
amount and if the offense was committed in the vicinity of a4208
school or in the vicinity of a juvenile, trafficking in drugs is a4209
felony of the first degree, and the court shall impose as a4210
mandatory prison term one of the prison terms prescribed for a4211
felony of the first degree.4212

       (3) If the drug involved in the violation is marihuana or a4213
compound, mixture, preparation, or substance containing marihuana4214
other than hashish, whoever violates division (A) of this section4215
is guilty of trafficking in marihuana. The penalty for the4216
offense shall be determined as follows:4217

       (a) Except as otherwise provided in division (C)(3)(b), (c),4218
(d), (e), (f), or (g) of this section, trafficking in marihuana is4219
a felony of the fifth degree, and division (C) of section 2929.134220
of the Revised Code applies in determining whether to impose a4221
prison term on the offender.4222

       (b) Except as otherwise provided in division (C)(3)(c), (d),4223
(e), (f), or (g) of this section, if the offense was committed in4224
the vicinity of a school or in the vicinity of a juvenile,4225
trafficking in marihuana is a felony of the fourth degree, and4226
division (C) of section 2929.13 of the Revised Code applies in4227
determining whether to impose a prison term on the offender.4228

       (c) Except as otherwise provided in this division, if the4229
amount of the drug involved equals or exceeds two hundred grams4230
but is less than one thousand grams, trafficking in marihuana is a4231
felony of the fourth degree, and division (C) of section 2929.134232
of the Revised Code applies in determining whether to impose a4233
prison term on the offender. If the amount of the drug involved4234
is within that range and if the offense was committed in the4235
vicinity of a school or in the vicinity of a juvenile, trafficking4236
in marihuana is a felony of the third degree, and division (C) of4237
section 2929.13 of the Revised Code applies in determining whether4238
to impose a prison term on the offender.4239

       (d) Except as otherwise provided in this division, if the4240
amount of the drug involved equals or exceeds one thousand grams4241
but is less than five thousand grams, trafficking in marihuana is4242
a felony of the third degree, and division (C) of section 2929.134243
of the Revised Code applies in determining whether to impose a4244
prison term on the offender. If the amount of the drug involved4245
is within that range and if the offense was committed in the4246
vicinity of a school or in the vicinity of a juvenile, trafficking4247
in marihuana is a felony of the second degree, and there is a4248
presumption that a prison term shall be imposed for the offense.4249

       (e) Except as otherwise provided in this division, if the4250
amount of the drug involved equals or exceeds five thousand grams4251
but is less than twenty thousand grams, trafficking in marihuana4252
is a felony of the third degree, and there is a presumption that a4253
prison term shall be imposed for the offense. If the amount of4254
the drug involved is within that range and if the offense was4255
committed in the vicinity of a school or in the vicinity of a4256
juvenile, trafficking in marihuana is a felony of the second4257
degree, and there is a presumption that a prison term shall be4258
imposed for the offense.4259

       (f) Except as otherwise provided in this division, if the4260
amount of the drug involved equals or exceeds twenty thousand4261
grams, trafficking in marihuana is a felony of the second degree,4262
and the court shall impose as a mandatory prison term the maximum4263
prison term prescribed for a felony of the second degree. If the4264
amount of the drug involved equals or exceeds twenty thousand4265
grams and if the offense was committed in the vicinity of a school4266
or in the vicinity of a juvenile, trafficking in marihuana is a4267
felony of the first degree, and the court shall impose as a4268
mandatory prison term the maximum prison term prescribed for a4269
felony of the first degree.4270

       (g) Except as otherwise provided in this division, if the4271
offense involves a gift of twenty grams or less of marihuana,4272
trafficking in marihuana is a minor misdemeanor upon a first4273
offense and a misdemeanor of the third degree upon a subsequent4274
offense. If the offense involves a gift of twenty grams or less4275
of marihuana and if the offense was committed in the vicinity of a4276
school or in the vicinity of a juvenile, trafficking in marihuana4277
is a misdemeanor of the third degree.4278

       (4) If the drug involved in the violation is cocaine or a4279
compound, mixture, preparation, or substance containing cocaine,4280
whoever violates division (A) of this section is guilty of4281
trafficking in cocaine. The penalty for the offense shall be4282
determined as follows:4283

       (a) Except as otherwise provided in division (C)(4)(b), (c),4284
(d), (e), (f), or (g) of this section, trafficking in cocaine is a4285
felony of the fifth degree, and division (C) of section 2929.13 of4286
the Revised Code applies in determining whether to impose a prison4287
term on the offender.4288

       (b) Except as otherwise provided in division (C)(4)(c), (d),4289
(e), (f), or (g) of this section, if the offense was committed in4290
the vicinity of a school or in the vicinity of a juvenile,4291
trafficking in cocaine is a felony of the fourth degree, and4292
division (C) of section 2929.13 of the Revised Code applies in4293
determining whether to impose a prison term on the offender.4294

       (c) Except as otherwise provided in this division, if the4295
amount of the drug involved equals or exceeds five grams but is4296
less than ten grams of cocaine that is not crack cocaine or equals4297
or exceeds one gram but is less than five grams of crack cocaine,4298
trafficking in cocaine is a felony of the fourth degree, and there4299
is a presumption for a prison term for the offense. If the amount4300
of the drug involved is within one of those ranges and if the4301
offense was committed in the vicinity of a school or in the4302
vicinity of a juvenile, trafficking in cocaine is a felony of the4303
third degree, and there is a presumption for a prison term for the4304
offense.4305

       (d) Except as otherwise provided in this division, if the4306
amount of the drug involved equals or exceeds ten grams but is4307
less than one hundred grams of cocaine that is not crack cocaine4308
or equals or exceeds five grams but is less than ten grams of4309
crack cocaine, trafficking in cocaine is a felony of the third4310
degree, and the court shall impose as a mandatory prison term one4311
of the prison terms prescribed for a felony of the third degree.4312
If the amount of the drug involved is within one of those ranges4313
and if the offense was committed in the vicinity of a school or in4314
the vicinity of a juvenile, trafficking in cocaine is a felony of4315
the second degree, and the court shall impose as a mandatory4316
prison term one of the prison terms prescribed for a felony of the4317
second degree.4318

       (e) Except as otherwise provided in this division, if the4319
amount of the drug involved equals or exceeds one hundred grams4320
but is less than five hundred grams of cocaine that is not crack4321
cocaine or equals or exceeds ten grams but is less than4322
twenty-five grams of crack cocaine, trafficking in cocaine is a4323
felony of the second degree, and the court shall impose as a4324
mandatory prison term one of the prison terms prescribed for a4325
felony of the second degree. If the amount of the drug involved4326
is within one of those ranges and if the offense was committed in4327
the vicinity of a school or in the vicinity of a juvenile,4328
trafficking in cocaine is a felony of the first degree, and the4329
court shall impose as a mandatory prison term one of the prison4330
terms prescribed for a felony of the first degree.4331

       (f) If the amount of the drug involved equals or exceeds4332
five hundred grams but is less than one thousand grams of cocaine4333
that is not crack cocaine or equals or exceeds twenty-five grams4334
but is less than one hundred grams of crack cocaine and regardless4335
of whether the offense was committed in the vicinity of a school4336
or in the vicinity of a juvenile, trafficking in cocaine is a4337
felony of the first degree, and the court shall impose as a4338
mandatory prison term one of the prison terms prescribed for a4339
felony of the first degree.4340

       (g) If the amount of the drug involved equals or exceeds one4341
thousand grams of cocaine that is not crack cocaine or equals or4342
exceeds one hundred grams of crack cocaine and regardless of4343
whether the offense was committed in the vicinity of a school or4344
in the vicinity of a juvenile, trafficking in cocaine is a felony4345
of the first degree, the offender is a major drug offender, and4346
the court shall impose as a mandatory prison term the maximum4347
prison term prescribed for a felony of the first degree and may4348
impose an additional mandatory prison term prescribed for a major4349
drug offender under division (D)(3)(b) of section 2929.14 of the4350
Revised Code.4351

       (5) If the drug involved in the violation is L.S.D. or a4352
compound, mixture, preparation, or substance containing L.S.D.,4353
whoever violates division (A) of this section is guilty of4354
trafficking in L.S.D. The penalty for the offense shall be4355
determined as follows:4356

       (a) Except as otherwise provided in division (C)(5)(b), (c),4357
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a4358
felony of the fifth degree, and division (C) of section 2929.13 of4359
the Revised Code applies in determining whether to impose a prison4360
term on the offender.4361

       (b) Except as otherwise provided in division (C)(5)(c), (d),4362
(e), (f), or (g) of this section, if the offense was committed in4363
the vicinity of a school or in the vicinity of a juvenile,4364
trafficking in L.S.D. is a felony of the fourth degree, and4365
division (C) of section 2929.13 of the Revised Code applies in4366
determining whether to impose a prison term on the offender.4367

       (c) Except as otherwise provided in this division, if the4368
amount of the drug involved equals or exceeds ten unit doses but4369
is less than fifty unit doses of L.S.D. in a solid form or equals4370
or exceeds one gram but is less than five grams of L.S.D. in a4371
liquid concentrate, liquid extract, or liquid distillate form,4372
trafficking in L.S.D. is a felony of the fourth degree, and there4373
is a presumption for a prison term for the offense. If the amount4374
of the drug involved is within that range and if the offense was4375
committed in the vicinity of a school or in the vicinity of a4376
juvenile, trafficking in L.S.D. is a felony of the third degree,4377
and there is a presumption for a prison term for the offense.4378

       (d) Except as otherwise provided in this division, if the4379
amount of the drug involved equals or exceeds fifty unit doses but4380
is less than two hundred fifty unit doses of L.S.D. in a solid4381
form or equals or exceeds five grams but is less than twenty-five4382
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid4383
distillate form, trafficking in L.S.D. is a felony of the third4384
degree, and the court shall impose as a mandatory prison term one4385
of the prison terms prescribed for a felony of the third degree.4386
If the amount of the drug involved is within that range and if the4387
offense was committed in the vicinity of a school or in the4388
vicinity of a juvenile, trafficking in L.S.D. is a felony of the4389
second degree, and the court shall impose as a mandatory prison4390
term one of the prison terms prescribed for a felony of the second4391
degree.4392

       (e) Except as otherwise provided in this division, if the4393
amount of the drug involved equals or exceeds two hundred fifty4394
unit doses but is less than one thousand unit doses of L.S.D. in a4395
solid form or equals or exceeds twenty-five grams but is less than4396
one hundred grams of L.S.D. in a liquid concentrate, liquid4397
extract, or liquid distillate form, trafficking in L.S.D. is a4398
felony of the second degree, and the court shall impose as a4399
mandatory prison term one of the prison terms prescribed for a4400
felony of the second degree. If the amount of the drug involved4401
is within that range and if the offense was committed in the4402
vicinity of a school or in the vicinity of a juvenile, trafficking4403
in L.S.D. is a felony of the first degree, and the court shall4404
impose as a mandatory prison term one of the prison terms4405
prescribed for a felony of the first degree.4406

       (f) If the amount of the drug involved equals or exceeds one4407
thousand unit doses but is less than five thousand unit doses of4408
L.S.D. in a solid form or equals or exceeds one hundred grams but4409
is less than five hundred grams of L.S.D. in a liquid concentrate,4410
liquid extract, or liquid distillate form and regardless of4411
whether the offense was committed in the vicinity of a school or4412
in the vicinity of a juvenile, trafficking in L.S.D. is a felony4413
of the first degree, and the court shall impose as a mandatory4414
prison term one of the prison terms prescribed for a felony of the4415
first degree.4416

       (g) If the amount of the drug involved equals or exceeds4417
five thousand unit doses of L.S.D. in a solid form or equals or4418
exceeds five hundred grams of L.S.D. in a liquid concentrate,4419
liquid extract, or liquid distillate form and regardless of4420
whether the offense was committed in the vicinity of a school or4421
in the vicinity of a juvenile, trafficking in L.S.D. is a felony4422
of the first degree, the offender is a major drug offender, and4423
the court shall impose as a mandatory prison term the maximum4424
prison term prescribed for a felony of the first degree and may4425
impose an additional mandatory prison term prescribed for a major4426
drug offender under division (D)(3)(b) of section 2929.14 of the4427
Revised Code.4428

       (6) If the drug involved in the violation is heroin or a4429
compound, mixture, preparation, or substance containing heroin,4430
whoever violates division (A) of this section is guilty of4431
trafficking in heroin. The penalty for the offense shall be4432
determined as follows:4433

       (a) Except as otherwise provided in division (C)(6)(b), (c),4434
(d), (e), (f), or (g) of this section, trafficking in heroin is a4435
felony of the fifth degree, and division (C) of section 2929.13 of4436
the Revised Code applies in determining whether to impose a prison4437
term on the offender.4438

       (b) Except as otherwise provided in division (C)(6)(c), (d),4439
(e), (f), or (g) of this section, if the offense was committed in4440
the vicinity of a school or in the vicinity of a juvenile,4441
trafficking in heroin is a felony of the fourth degree, and4442
division (C) of section 2929.13 of the Revised Code applies in4443
determining whether to impose a prison term on the offender.4444

       (c) Except as otherwise provided in this division, if the4445
amount of the drug involved equals or exceeds ten unit doses but4446
is less than fifty unit doses or equals or exceeds one gram but is4447
less than five grams, trafficking in heroin is a felony of the4448
fourth degree, and there is a presumption for a prison term for4449
the offense. If the amount of the drug involved is within that4450
range and if the offense was committed in the vicinity of a school4451
or in the vicinity of a juvenile, trafficking in heroin is a4452
felony of the third degree, and there is a presumption for a4453
prison term for the offense.4454

       (d) Except as otherwise provided in this division, if the4455
amount of the drug involved equals or exceeds fifty unit doses but4456
is less than one hundred unit doses or equals or exceeds five4457
grams but is less than ten grams, trafficking in heroin is a4458
felony of the third degree, and there is a presumption for a4459
prison term for the offense. If the amount of the drug involved4460
is within that range and if the offense was committed in the4461
vicinity of a school or in the vicinity of a juvenile, trafficking4462
in heroin is a felony of the second degree, and there is a4463
presumption for a prison term for the offense.4464

       (e) Except as otherwise provided in this division, if the4465
amount of the drug involved equals or exceeds one hundred unit4466
doses but is less than five hundred unit doses or equals or4467
exceeds ten grams but is less than fifty grams, trafficking in4468
heroin is a felony of the second degree, and the court shall4469
impose as a mandatory prison term one of the prison terms4470
prescribed for a felony of the second degree. If the amount of4471
the drug involved is within that range and if the offense was4472
committed in the vicinity of a school or in the vicinity of a4473
juvenile, trafficking in heroin is a felony of the first degree,4474
and the court shall impose as a mandatory prison term one of the4475
prison terms prescribed for a felony of the first degree.4476

       (f) If the amount of the drug involved equals or exceeds4477
five hundred unit doses but is less than two thousand five hundred4478
unit doses or equals or exceeds fifty grams but is less than two4479
hundred fifty grams and regardless of whether the offense was4480
committed in the vicinity of a school or in the vicinity of a4481
juvenile, trafficking in heroin is a felony of the first degree,4482
and the court shall impose as a mandatory prison term one of the4483
prison terms prescribed for a felony of the first degree.4484

       (g) If the amount of the drug involved equals or exceeds two4485
thousand five hundred unit doses or equals or exceeds two hundred4486
fifty grams and regardless of whether the offense was committed in4487
the vicinity of a school or in the vicinity of a juvenile,4488
trafficking in heroin is a felony of the first degree, the4489
offender is a major drug offender, and the court shall impose as a4490
mandatory prison term the maximum prison term prescribed for a4491
felony of the first degree and may impose an additional mandatory4492
prison term prescribed for a major drug offender under division4493
(D)(3)(b) of section 2929.14 of the Revised Code.4494

       (7) If the drug involved in the violation is hashish or a4495
compound, mixture, preparation, or substance containing hashish,4496
whoever violates division (A) of this section is guilty of4497
trafficking in hashish. The penalty for the offense shall be4498
determined as follows:4499

       (a) Except as otherwise provided in division (C)(7)(b), (c),4500
(d), (e), or (f) of this section, trafficking in hashish is a4501
felony of the fifth degree, and division (C) of section 2929.13 of4502
the Revised Code applies in determining whether to impose a prison4503
term on the offender.4504

       (b) Except as otherwise provided in division (C)(7)(c), (d),4505
(e), or (f) of this section, if the offense was committed in the4506
vicinity of a school or in the vicinity of a juvenile, trafficking4507
in hashish is a felony of the fourth degree, and division (C) of4508
section 2929.13 of the Revised Code applies in determining whether4509
to impose a prison term on the offender.4510

       (c) Except as otherwise provided in this division, if the4511
amount of the drug involved equals or exceeds ten grams but is4512
less than fifty grams of hashish in a solid form or equals or4513
exceeds two grams but is less than ten grams of hashish in a4514
liquid concentrate, liquid extract, or liquid distillate form,4515
trafficking in hashish is a felony of the fourth degree, and4516
division (C) of section 2929.13 of the Revised Code applies in4517
determining whether to impose a prison term on the offender. If4518
the amount of the drug involved is within that range and if the4519
offense was committed in the vicinity of a school or in the4520
vicinity of a juvenile, trafficking in hashish is a felony of the4521
third degree, and division (C) of section 2929.13 of the Revised4522
Code applies in determining whether to impose a prison term on the4523
offender.4524

       (d) Except as otherwise provided in this division, if the4525
amount of the drug involved equals or exceeds fifty grams but is4526
less than two hundred fifty grams of hashish in a solid form or4527
equals or exceeds ten grams but is less than fifty grams of4528
hashish in a liquid concentrate, liquid extract, or liquid4529
distillate form, trafficking in hashish is a felony of the third4530
degree, and division (C) of section 2929.13 of the Revised Code4531
applies in determining whether to impose a prison term on the4532
offender. If the amount of the drug involved is within that range4533
and if the offense was committed in the vicinity of a school or in4534
the vicinity of a juvenile, trafficking in hashish is a felony of4535
the second degree, and there is a presumption that a prison term4536
shall be imposed for the offense.4537

       (e) Except as otherwise provided in this division, if the4538
amount of the drug involved equals or exceeds two hundred fifty4539
grams but is less than one thousand grams of hashish in a solid4540
form or equals or exceeds fifty grams but is less than two hundred4541
grams of hashish in a liquid concentrate, liquid extract, or4542
liquid distillate form, trafficking in hashish is a felony of the4543
third degree, and there is a presumption that a prison term shall4544
be imposed for the offense. If the amount of the drug involved is4545
within that range and if the offense was committed in the vicinity4546
of a school or in the vicinity of a juvenile, trafficking in4547
hashish is a felony of the second degree, and there is a4548
presumption that a prison term shall be imposed for the offense.4549

       (f) Except as otherwise provided in this division, if the4550
amount of the drug involved equals or exceeds one thousand grams4551
of hashish in a solid form or equals or exceeds two hundred grams4552
of hashish in a liquid concentrate, liquid extract, or liquid4553
distillate form, trafficking in hashish is a felony of the second4554
degree, and the court shall impose as a mandatory prison term the4555
maximum prison term prescribed for a felony of the second degree.4556
If the amount of the drug involved is within that range and if the4557
offense was committed in the vicinity of a school or in the4558
vicinity of a juvenile, trafficking in hashish is a felony of the4559
first degree, and the court shall impose as a mandatory prison4560
term the maximum prison term prescribed for a felony of the first4561
degree.4562

       (D) In addition to any prison term authorized or required by4563
division (C) of this section and sections 2929.13 and 2929.14 of4564
the Revised Code, and in addition to any other sanction imposed4565
for the offense under this section or sections 2929.11 to 2929.184566
of the Revised Code, the court that sentences an offender who is4567
convicted of or pleads guilty to a violation of division (A) of4568
this section shall do all of the following that are applicable4569
regarding the offender:4570

       (1) If the violation of division (A) of this section is a4571
felony of the first, second, or third degree, the court shall4572
impose upon the offender the mandatory fine specified for the4573
offense under division (B)(1) of section 2929.18 of the Revised4574
Code unless, as specified in that division, the court determines4575
that the offender is indigent. Except as otherwise provided in4576
division (H)(1) of this section, a mandatory fine or any other4577
fine imposed for a violation of this section is subject to4578
division (F) of this section. If a person is charged with a4579
violation of this section that is a felony of the first, second,4580
or third degree, posts bail, and forfeits the bail, the clerk of4581
the court shall pay the forfeited bail pursuant to divisions4582
(D)(1) and (F) of this section, as if the forfeited bail was a4583
fine imposed for a violation of this section. If any amount of4584
the forfeited bail remains after that payment and if a fine is4585
imposed under division (H)(1) of this section, the clerk of the4586
court shall pay the remaining amount of the forfeited bail4587
pursuant to divisions (H)(2) and (3) of this section, as if that4588
remaining amount was a fine imposed under division (H)(1) of this4589
section.4590

       (2) The court shall revoke or suspend the driver's or4591
commercial driver's license or permit of the offender in4592
accordance with division (G) of this section.4593

       (3) If the offender is a professionally licensed person or a4594
person who has been admitted to the bar by order of the supreme4595
court in compliance with its prescribed and published rules, the4596
court forthwithimmediately shall comply with section 2925.38 of4597
the Revised Code.4598

       (E) When a person is charged with the sale of or offer to4599
sell a bulk amount or a multiple of a bulk amount of a controlled4600
substance, the jury, or the court trying the accused, shall4601
determine the amount of the controlled substance involved at the4602
time of the offense and, if a guilty verdict is returned, shall4603
return the findings as part of the verdict. In any such case, it4604
is unnecessary to find and return the exact amount of the4605
controlled substance involved, and it is sufficient if the finding4606
and return is to the effect that the amount of the controlled4607
substance involved is the requisite amount, or that the amount of4608
the controlled substance involved is less than the requisite4609
amount.4610

       (F)(1) Notwithstanding any contrary provision of section4611
3719.21 of the Revised Code and except as provided in division (H)4612
of this section, the clerk of the court shall pay any mandatory4613
fine imposed pursuant to division (D)(1) of this section and any4614
fine other than a mandatory fine that is imposed for a violation4615
of this section pursuant to division (A) or (B)(5) of section4616
2929.18 of the Revised Code to the county, township, municipal4617
corporation, park district, as created pursuant to section 511.184618
or 1545.04 of the Revised Code, or state law enforcement agencies4619
in this state that primarily were responsible for or involved in4620
making the arrest of, and in prosecuting, the offender. However,4621
the clerk shall not pay a mandatory fine so imposed to a law4622
enforcement agency unless the agency has adopted a written4623
internal control policy under division (F)(2) of this section that4624
addresses the use of the fine moneys that it receives. Each4625
agency shall use the mandatory fines so paid to subsidize the4626
agency's law enforcement efforts that pertain to drug offenses, in4627
accordance with the written internal control policy adopted by the4628
recipient agency under division (F)(2) of this section.4629

       (2)(a) Prior to receiving any fine moneys under division4630
(F)(1) of this section or division (B)(5) of section 2925.42 of4631
the Revised Code, a law enforcement agency shall adopt a written4632
internal control policy that addresses the agency's use and4633
disposition of all fine moneys so received and that provides for4634
the keeping of detailed financial records of the receipts of those4635
fine moneys, the general types of expenditures made out of those4636
fine moneys, and the specific amount of each general type of4637
expenditure. The policy shall not provide for or permit the4638
identification of any specific expenditure that is made in an4639
ongoing investigation. All financial records of the receipts of4640
those fine moneys, the general types of expenditures made out of4641
those fine moneys, and the specific amount of each general type of4642
expenditure by an agency are public records open for inspection4643
under section 149.43 of the Revised Code. Additionally, a written4644
internal control policy adopted under this division is such a4645
public record, and the agency that adopted it shall comply with4646
it.4647

       (b) Each law enforcement agency that receives in any4648
calendar year any fine moneys under division (F)(1) of this4649
section or division (B)(5) of section 2925.42 of the Revised Code4650
shall prepare a report covering the calendar year that cumulates4651
all of the information contained in all of the public financial4652
records kept by the agency pursuant to division (F)(2)(a) of this4653
section for that calendar year, and shall send a copy of the4654
cumulative report, no later than the first day of March in the4655
calendar year following the calendar year covered by the report,4656
to the attorney general. Each report received by the attorney4657
general is a public record open for inspection under section4658
149.43 of the Revised Code. Not later than the fifteenth day of4659
April in the calendar year in which the reports are received, the4660
attorney general shall send to the president of the senate and the4661
speaker of the house of representatives a written notification4662
that does all of the following:4663

       (i) Indicates that the attorney general has received from4664
law enforcement agencies reports of the type described in this4665
division that cover the previous calendar year and indicates that4666
the reports were received under this division;4667

       (ii) Indicates that the reports are open for inspection4668
under section 149.43 of the Revised Code;4669

       (iii) Indicates that the attorney general will provide a4670
copy of any or all of the reports to the president of the senate4671
or the speaker of the house of representatives upon request.4672

       (3) As used in division (F) of this section:4673

       (a) "Law enforcement agencies" includes, but is not limited4674
to, the state board of pharmacy and the office of a prosecutor.4675

       (b) "Prosecutor" has the same meaning as in section 2935.014676
of the Revised Code.4677

       (G) When required under division (D)(2) of this section or4678
any other provision of this chapter, the court either shall revoke4679
or, if it does not revoke, shall suspend for not less than six4680
months or more than five years, the driver's or commercial4681
driver's license or permit of any person who is convicted of or4682
pleads guilty to a violation of this section that is a felony of4683
the first degree and shall suspend for not less than six months or4684
more than five years the driver's or commercial driver's license4685
or permit of any person who is convicted of or pleads guilty to4686
any other violation of this section or any other specified4687
provision of this chapter. If an offender's driver's or4688
commercial driver's license or permit is revokedsuspended4689
pursuant to this division, the offender, at any time after the4690
expiration of two years from the day on which the offender's4691
sentence was imposed or from the day on which the offender finally4692
was released from a prison term under the sentence, whichever is4693
later, may file a motion with the sentencing court requesting4694
termination of the revocationsuspension; upon the filing of such4695
a motion and the court's finding of good cause for the4696
termination, the court may terminate the revocationsuspension.4697

       (H)(1) In addition to any prison term authorized or required4698
by division (C) of this section and sections 2929.13 and 2929.144699
of the Revised Code, in addition to any other penalty or sanction4700
imposed for the offense under this section or sections 2929.11 to4701
2929.18 of the Revised Code, and in addition to the forfeiture of4702
property in connection with the offense as prescribed in sections4703
2925.42 to 2925.45 of the Revised Code, the court that sentences4704
an offender who is convicted of or pleads guilty to a violation of4705
division (A) of this section may impose upon the offender an4706
additional fine specified for the offense in division (B)(4) of4707
section 2929.18 of the Revised Code. A fine imposed under4708
division (H)(1) of this section is not subject to division (F) of4709
this section and shall be used solely for the support of one or4710
more eligible alcohol and drug addiction programs in accordance4711
with divisions (H)(2) and (3) of this section.4712

       (2) The court that imposes a fine under division (H)(1) of4713
this section shall specify in the judgment that imposes the fine4714
one or more eligible alcohol and drug addiction programs for the4715
support of which the fine money is to be used. No alcohol and4716
drug addiction program shall receive or use money paid or4717
collected in satisfaction of a fine imposed under division (H)(1)4718
of this section unless the program is specified in the judgment4719
that imposes the fine. No alcohol and drug addiction program4720
shall be specified in the judgment unless the program is an4721
eligible alcohol and drug addiction program and, except as4722
otherwise provided in division (H)(2) of this section, unless the4723
program is located in the county in which the court that imposes4724
the fine is located or in a county that is immediately contiguous4725
to the county in which that court is located. If no eligible4726
alcohol and drug addiction program is located in any of those4727
counties, the judgment may specify an eligible alcohol and drug4728
addiction program that is located anywhere within this state.4729

       (3) Notwithstanding any contrary provision of section4730
3719.21 of the Revised Code, the clerk of the court shall pay any4731
fine imposed under division (H)(1) of this section to the eligible4732
alcohol and drug addiction program specified pursuant to division4733
(H)(2) of this section in the judgment. The eligible alcohol and4734
drug addiction program that receives the fine moneys shall use the4735
moneys only for the alcohol and drug addiction services identified4736
in the application for certification under section 3793.06 of the4737
Revised Code or in the application for a license under section4738
3793.11 of the Revised Code filed with the department of alcohol4739
and drug addiction services by the alcohol and drug addiction4740
program specified in the judgment.4741

       (4) Each alcohol and drug addiction program that receives in4742
a calendar year any fine moneys under division (H)(3) of this4743
section shall file an annual report covering that calendar year4744
with the court of common pleas and the board of county4745
commissioners of the county in which the program is located, with4746
the court of common pleas and the board of county commissioners of4747
each county from which the program received the moneys if that4748
county is different from the county in which the program is4749
located, and with the attorney general. The alcohol and drug4750
addiction program shall file the report no later than the first4751
day of March in the calendar year following the calendar year in4752
which the program received the fine moneys. The report shall4753
include statistics on the number of persons served by the alcohol4754
and drug addiction program, identify the types of alcohol and drug4755
addiction services provided to those persons, and include a4756
specific accounting of the purposes for which the fine moneys4757
received were used. No information contained in the report shall4758
identify, or enable a person to determine the identity of, any4759
person served by the alcohol and drug addiction program. Each4760
report received by a court of common pleas, a board of county4761
commissioners, or the attorney general is a public record open for4762
inspection under section 149.43 of the Revised Code.4763

       (5) As used in divisions (H)(1) to (5) of this section:4764

       (a) "Alcohol and drug addiction program" and "alcohol and4765
drug addiction services" have the same meanings as in section4766
3793.01 of the Revised Code.4767

       (b) "Eligible alcohol and drug addiction program" means an4768
alcohol and drug addiction program that is certified under section4769
3793.06 of the Revised Code or licensed under section 3793.11 of4770
the Revised Code by the department of alcohol and drug addiction4771
services.4772

       Sec. 2925.04.  (A) No person shall knowingly cultivate4773
marihuana or knowingly manufacture or otherwise engage in any part4774
of the production of a controlled substance.4775

       (B) This section does not apply to any person listed in4776
division (B)(1), (2), or (3) of section 2925.03 of the Revised4777
Code to the extent and under the circumstances described in those4778
divisions.4779

       (C)(1) Whoever commits a violation of division (A) of this4780
section that involves any drug other than marihuana is guilty of4781
illegal manufacture of drugs, and whoever commits a violation of4782
division (A) of this section that involves marihuana is guilty of4783
illegal cultivation of marihuana.4784

       (2) If the drug involved in the violation of division (A) of4785
this section is any compound, mixture, preparation, or substance4786
included in schedule I or II, with the exception of marihuana,4787
illegal manufacture of drugs is a felony of the second degree,4788
and, subject to division (E) of this section, the court shall4789
impose as a mandatory prison term one of the prison terms4790
prescribed for a felony of the second degree.4791

       (3) If the drug involved in the violation of division (A) of4792
this section is any compound, mixture, preparation, or substance4793
included in schedule III, IV, or V, illegal manufacture of drugs4794
is a felony of the third degree, and there is a presumption for a4795
prison term for the offense.4796

       (4) If the drug involved in the violation is marihuana, the4797
penalty for the offense shall be determined as follows:4798

       (a) Except as otherwise provided in division (C)(4)(b), (c),4799
(d), (e), or (f) of this section, illegal cultivation of marihuana4800
is a minor misdemeanor.4801

       (b) If the amount of marihuana involved equals or exceeds4802
one hundred grams but is less than two hundred grams, illegal4803
cultivation of marihuana is a misdemeanor of the fourth degree.4804

       (c) If the amount of marihuana involved equals or exceeds4805
two hundred grams but is less than one thousand grams, illegal4806
cultivation of marihuana is a felony of the fifth degree, and4807
division (B) of section 2929.13 of the Revised Code applies in4808
determining whether to impose a prison term on the offender.4809

       (d) If the amount of marihuana involved equals or exceeds4810
one thousand grams but is less than five thousand grams, illegal4811
cultivation of marihuana is a felony of the third degree, and4812
division (C) of section 2929.13 of the Revised Code applies in4813
determining whether to impose a prison term on the offender.4814

       (e) If the amount of marihuana involved equals or exceeds4815
five thousand grams but is less than twenty thousand grams,4816
illegal cultivation of marihuana is a felony of the third degree,4817
and there is a presumption for a prison term for the offense.4818

       (f) If the amount of marihuana involved equals or exceeds4819
twenty thousand grams, illegal cultivation of marihuana is a4820
felony of the second degree, and the court shall impose as a4821
mandatory prison term the maximum prison term prescribed for a4822
felony of the second degree.4823

       (D) In addition to any prison term authorized or required by4824
division (C) or (E) of this section and sections 2929.13 and4825
2929.14 of the Revised Code and in addition to any other sanction4826
imposed for the offense under this section or sections 2929.11 to4827
2929.18 of the Revised Code, the court that sentences an offender4828
who is convicted of or pleads guilty to a violation of division4829
(A) of this section shall do all of the following that are4830
applicable regarding the offender:4831

       (1) If the violation of division (A) of this section is a4832
felony of the second or third degree, the court shall impose upon4833
the offender the mandatory fine specified for the offense under4834
division (B)(1) of section 2929.18 of the Revised Code unless, as4835
specified in that division, the court determines that the offender4836
is indigent. The clerk of the court shall pay a mandatory fine or4837
other fine imposed for a violation of this section pursuant to4838
division (A) of section 2929.18 of the Revised Code in accordance4839
with and subject to the requirements of division (F) of section4840
2925.03 of the Revised Code. The agency that receives the fine4841
shall use the fine as specified in division (F) of section 2925.034842
of the Revised Code. If a person is charged with a violation of4843
this section that is a felony of the second or third degree, posts4844
bail, and forfeits the bail, the clerk shall pay the forfeited4845
bail as if the forfeited bail were a fine imposed for a violation4846
of this section.4847

       (2) The court shall revoke or suspend the offender's4848
driver's or commercial driver's license or permit in accordance4849
with division (G) of section 2925.03 of the Revised Code. If an4850
offender's driver's or commercial driver's license or permit is4851
revokedsuspended in accordance with that division, the offender4852
may request termination of, and the court may terminate, the4853
revocationsuspension in accordance with that division.4854

       (3) If the offender is a professionally licensed person or a4855
person who has been admitted to the bar by order of the supreme4856
court in compliance with its prescribed and published rules, the4857
court immediately shall comply with section 2925.38 of the Revised4858
Code.4859

       (E) Notwithstanding the prison term otherwise authorized or4860
required for the offense under division (C) of this section and4861
sections 2929.13 and 2929.14 of the Revised Code, if the violation4862
of division (A) of this section involves the sale, offer to sell,4863
or possession of a schedule I or II controlled substance, with the4864
exception of marihuana, and if the court imposing sentence upon4865
the offender finds that the offender as a result of the violation4866
is a major drug offender and is guilty of a specification of the4867
type described in section 2941.1410 of the Revised Code, the4868
court, in lieu of the prison term otherwise authorized or4869
required, shall impose upon the offender the mandatory prison term4870
specified in division (D)(3)(a) of section 2929.14 of the Revised4871
Code and may impose an additional prison term under division4872
(D)(3)(b) of that section.4873

       (F) It is an affirmative defense, as provided in section4874
2901.05 of the Revised Code, to a charge under this section for a4875
fifth degree felony violation of illegal cultivation of marihuana4876
that the marihuana that gave rise to the charge is in an amount,4877
is in a form, is prepared, compounded, or mixed with substances4878
that are not controlled substances in a manner, or is possessed or4879
cultivated under any other circumstances that indicate that the4880
marihuana was solely for personal use.4881

       Notwithstanding any contrary provision of division (F) of4882
this section, if, in accordance with section 2901.05 of the4883
Revised Code, a person who is charged with a violation of illegal4884
cultivation of marihuana that is a felony of the fifth degree4885
sustains the burden of going forward with evidence of and4886
establishes by a preponderance of the evidence the affirmative4887
defense described in this division, the person may be prosecuted4888
for and may be convicted of or plead guilty to a misdemeanor4889
violation of illegal cultivation of marihuana.4890

       (G) Arrest or conviction for a minor misdemeanor violation4891
of this section does not constitute a criminal record and need not4892
be reported by the person so arrested or convicted in response to4893
any inquiries about the person's criminal record, including any4894
inquiries contained in an application for employment, a license,4895
or any other right or privilege or made in connection with the4896
person's appearance as a witness.4897

       Sec. 2925.05.  (A) No person shall knowingly provide money4898
or other items of value to another person with the purpose that4899
the recipient of the money or items of value use them to obtain4900
any controlled substance for the purpose of violating section4901
2925.04 of the Revised Code or for the purpose of selling or4902
offering to sell the controlled substance in the following amount:4903

       (1) If the drug to be sold or offered for sale is any4904
compound, mixture, preparation, or substance included in schedule4905
I or II, with the exception of marihuana, cocaine, L.S.D., heroin,4906
and hashish, or schedule III, IV, or V, an amount of the drug that4907
equals or exceeds the bulk amount of the drug;4908

       (2) If the drug to be sold or offered for sale is marihuana4909
or a compound, mixture, preparation, or substance other than4910
hashish containing marihuana, an amount of the marihuana that4911
equals or exceeds two hundred grams;4912

       (3) If the drug to be sold or offered for sale is cocaine or4913
a compound, mixture, preparation, or substance containing cocaine,4914
an amount of the cocaine that equals or exceeds five grams if the4915
cocaine is not crack cocaine or equals or exceeds one gram if the4916
cocaine is crack cocaine;4917

       (4) If the drug to be sold or offered for sale is L.S.D. or4918
a compound, mixture, preparation, or substance containing L.S.D.,4919
an amount of the L.S.D. that equals or exceeds ten unit doses if4920
the L.S.D. is in a solid form or equals or exceeds one gram if the4921
L.S.D. is in a liquid concentrate, liquid extract, or liquid4922
distillate form;4923

       (5) If the drug to be sold or offered for sale is heroin or4924
a compound, mixture, preparation, or substance containing heroin,4925
an amount of the heroin that equals or exceeds ten unit doses or4926
equals or exceeds one gram;4927

       (6) If the drug to be sold or offered for sale is hashish or4928
a compound, mixture, preparation, or substance containing hashish,4929
an amount of the hashish that equals or exceeds ten grams if the4930
hashish is in a solid form or equals or exceeds two grams if the4931
hashish is in a liquid concentrate, liquid extract, or liquid4932
distillate form.4933

       (B) This section does not apply to any person listed in4934
division (B)(1), (2), or (3) of section 2925.03 of the Revised4935
Code to the extent and under the circumstances described in those4936
divisions.4937

       (C)(1) If the drug involved in the violation is any4938
compound, mixture, preparation, or substance included in schedule4939
I or II, with the exception of marihuana, whoever violates4940
division (A) of this section is guilty of aggravated funding of4941
drug trafficking, a felony of the first degree, and, subject to4942
division (E) of this section, the court shall impose as a4943
mandatory prison term one of the prison terms prescribed for a4944
felony of the first degree.4945

       (2) If the drug involved in the violation is any compound,4946
mixture, preparation, or substance included in schedule III, IV,4947
or V, whoever violates division (A) of this section is guilty of4948
funding of drug trafficking, a felony of the second degree, and4949
the court shall impose as a mandatory prison term one of the4950
prison terms prescribed for a felony of the second degree.4951

       (3) If the drug involved in the violation is marihuana,4952
whoever violates division (A) of this section is guilty of funding4953
of marihuana trafficking, a felony of the third degree, and the4954
court shall impose as a mandatory prison term one of the prison4955
terms prescribed for a felony of the third degree.4956

       (D) In addition to any prison term authorized or required by4957
division (C) or (E) of this section and sections 2929.13 and4958
2929.14 of the Revised Code and in addition to any other sanction4959
imposed for the offense under this section or sections 2929.11 to4960
2929.18 of the Revised Code, the court that sentences an offender4961
who is convicted of or pleads guilty to a violation of division4962
(A) of this section shall do all of the following that are4963
applicable regarding the offender:4964

       (1) The court shall impose the mandatory fine specified for4965
the offense under division (B)(1) of section 2929.18 of the4966
Revised Code unless, as specified in that division, the court4967
determines that the offender is indigent. The clerk of the court4968
shall pay a mandatory fine or other fine imposed for a violation4969
of this section pursuant to division (A) of section 2929.18 of the4970
Revised Code in accordance with and subject to the requirements of4971
division (F) of section 2925.03 of the Revised Code. The agency4972
that receives the fine shall use the fine in accordance with4973
division (F) of section 2925.03 of the Revised Code. If a person4974
is charged with a violation of this section, posts bail, and4975
forfeits the bail, the forfeited bail shall be paid as if the4976
forfeited bail were a fine imposed for a violation of this4977
section.4978

       (2) The court shall revoke or suspend the offender's4979
driver's or commercial driver's license or permit in accordance4980
with division (G) of section 2925.03 of the Revised Code. If an4981
offender's driver's or commercial driver's license or permit is4982
revokedsuspended in accordance with that division, the offender4983
may request termination of, and the court may terminate, the4984
revocationsuspension in accordance with that division.4985

       (3) If the offender is a professionally licensed person or a4986
person who has been admitted to the bar by order of the supreme4987
court in compliance with its prescribed and published rules, the4988
court immediately shall comply with section 2925.38 of the Revised4989
Code.4990

       (E) Notwithstanding the prison term otherwise authorized or4991
required for the offense under division (C) of this section and4992
sections 2929.13 and 2929.14 of the Revised Code, if the violation4993
of division (A) of this section involves the sale, offer to sell,4994
or possession of a schedule I or II controlled substance, with the4995
exception of marihuana, and if the court imposing sentence upon4996
the offender finds that the offender as a result of the violation4997
is a major drug offender and is guilty of a specification of the4998
type described in section 2941.1410 of the Revised Code, the4999
court, in lieu of the prison term otherwise authorized or5000
required, shall impose upon the offender the mandatory prison term5001
specified in division (D)(3)(a) of section 2929.14 of the Revised5002
Code and may impose an additional prison term under division5003
(D)(3)(b) of that section.5004

       Sec. 2925.06.  (A) No person shall knowingly administer to a5005
human being, or prescribe or dispense for administration to a5006
human being, any anabolic steroid not approved by the United5007
States food and drug administration for administration to human5008
beings.5009

       (B) This section does not apply to any person listed in5010
division (B)(1), (2), or (3) of section 2925.03 of the Revised5011
Code to the extent and under the circumstances described in those5012
divisions.5013

       (C) Whoever violates division (A) of this section is guilty5014
of illegal administration or distribution of anabolic steroids, a5015
felony of the fourth degree, and division (C) of section 2929.135016
of the Revised Code applies in determining whether to impose a5017
prison term on the offender.5018

       (D) In addition to any prison term authorized or required by5019
division (C) of this section and sections 2929.13 and 2929.14 of5020
the Revised Code and in addition to any other sanction imposed for5021
the offense under this section or sections 2929.11 to 2929.18 of5022
the Revised Code, the court that sentences an offender who is5023
convicted of or pleads guilty to a violation of division (A) of5024
this section shall do both of the following:5025

       (1) The court shall revoke or suspend the offender's5026
driver's or commercial driver's license or permit in accordance5027
with division (G) of section 2925.03 of the Revised Code. If an5028
offender's driver's or commercial driver's license or permit is5029
revokedsuspended in accordance with that division, the offender5030
may request termination of, and the court may terminate, the5031
revocationsuspension in accordance with that division.5032

       (2) If the offender is a professionally licensed person or a5033
person who has been admitted to the bar by order of the supreme5034
court in compliance with its prescribed and published rules, the5035
court immediately shall comply with section 2925.38 of the Revised5036
Code.5037

       (E) If a person commits any act that constitutes a violation5038
of division (A) of this section and that also constitutes a5039
violation of any other provision of the Revised Code, the5040
prosecutor, as defined in section 2935.01 of the Revised Code,5041
using customary prosecutorial discretion, may prosecute the person5042
for a violation of the appropriate provision of the Revised Code.5043

       Sec. 2925.11.  (A) No person shall knowingly obtain,5044
possess, or use a controlled substance.5045

       (B) This section does not apply to any of the following:5046

       (1) Manufacturers, licensed health professionals authorized5047
to prescribe drugs, pharmacists, owners of pharmacies, and other5048
persons whose conduct was in accordance with Chapters 3719.,5049
4715., 4723., 4729., 4731., and 4741. of the Revised Code;5050

       (2) If the offense involves an anabolic steroid, any person5051
who is conducting or participating in a research project involving5052
the use of an anabolic steroid if the project has been approved by5053
the United States food and drug administration;5054

       (3) Any person who sells, offers for sale, prescribes,5055
dispenses, or administers for livestock or other nonhuman species5056
an anabolic steroid that is expressly intended for administration5057
through implants to livestock or other nonhuman species and5058
approved for that purpose under the "Federal Food, Drug, and5059
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,5060
and is sold, offered for sale, prescribed, dispensed, or5061
administered for that purpose in accordance with that act;5062

       (4) Any person who obtained the controlled substance5063
pursuant to a prescription issued by a licensed health5064
professional authorized to prescribe drugs.5065

       (C) Whoever violates division (A) of this section is guilty5066
of one of the following:5067

       (1) If the drug involved in the violation is a compound,5068
mixture, preparation, or substance included in schedule I or II,5069
with the exception of marihuana, cocaine, L.S.D., heroin, and5070
hashish, whoever violates division (A) of this section is guilty5071
of aggravated possession of drugs. The penalty for the offense5072
shall be determined as follows:5073

       (a) Except as otherwise provided in division (C)(1)(b), (c),5074
(d), or (e) of this section, aggravated possession of drugs is a5075
felony of the fifth degree, and division (B) of section 2929.13 of5076
the Revised Code applies in determining whether to impose a prison5077
term on the offender.5078

       (b) If the amount of the drug involved equals or exceeds the5079
bulk amount but is less than five times the bulk amount,5080
aggravated possession of drugs is a felony of the third degree,5081
and there is a presumption for a prison term for the offense.5082

       (c) If the amount of the drug involved equals or exceeds5083
five times the bulk amount but is less than fifty times the bulk5084
amount, aggravated possession of drugs is a felony of the second5085
degree, and the court shall impose as a mandatory prison term one5086
of the prison terms prescribed for a felony of the second degree.5087

       (d) If the amount of the drug involved equals or exceeds5088
fifty times the bulk amount but is less than one hundred times the5089
bulk amount, aggravated possession of drugs is a felony of the5090
first degree, and the court shall impose as a mandatory prison5091
term one of the prison terms prescribed for a felony of the first5092
degree.5093

       (e) If the amount of the drug involved equals or exceeds one5094
hundred times the bulk amount, aggravated possession of drugs is a5095
felony of the first degree, the offender is a major drug offender,5096
and the court shall impose as a mandatory prison term the maximum5097
prison term prescribed for a felony of the first degree and may5098
impose an additional mandatory prison term prescribed for a major5099
drug offender under division (D)(3)(b) of section 2929.14 of the5100
Revised Code.5101

       (2) If the drug involved in the violation is a compound,5102
mixture, preparation, or substance included in schedule III, IV,5103
or V, whoever violates division (A) of this section is guilty of5104
possession of drugs. The penalty for the offense shall be5105
determined as follows:5106

       (a) Except as otherwise provided in division (C)(2)(b), (c),5107
or (d) of this section, possession of drugs is a misdemeanor of5108
the third degree or, if the offender previously has been convicted5109
of a drug abuse offense, a misdemeanor of the second degree. If5110
the drug involved in the violation is an anabolic steroid included5111
in schedule III and if the offense is a misdemeanor of the third5112
degree under this division, in lieu of sentencing the offender to5113
a term of imprisonment in a detention facility, the court may5114
place the offender on conditional probation pursuant to division5115
(F) of section 2951.02 of the Revised Code.5116

       (b) If the amount of the drug involved equals or exceeds the5117
bulk amount but is less than five times the bulk amount,5118
possession of drugs is a felony of the fourth degree, and division5119
(C) of section 2929.13 of the Revised Code applies in determining5120
whether to impose a prison term on the offender.5121

       (c) If the amount of the drug involved equals or exceeds5122
five times the bulk amount but is less than fifty times the bulk5123
amount, possession of drugs is a felony of the third degree, and5124
there is a presumption for a prison term for the offense.5125

       (d) If the amount of the drug involved equals or exceeds5126
fifty times the bulk amount, possession of drugs is a felony of5127
the second degree, and the court shall impose upon the offender as5128
a mandatory prison term one of the prison terms prescribed for a5129
felony of the second degree.5130

       (3) If the drug involved in the violation is marihuana or a5131
compound, mixture, preparation, or substance containing marihuana5132
other than hashish, whoever violates division (A) of this section5133
is guilty of possession of marihuana. The penalty for the offense5134
shall be determined as follows:5135

       (a) Except as otherwise provided in division (C)(3)(b), (c),5136
(d), (e), or (f) of this section, possession of marihuana is a5137
minor misdemeanor.5138

       (b) If the amount of the drug involved equals or exceeds one5139
hundred grams but is less than two hundred grams, possession of5140
marihuana is a misdemeanor of the fourth degree.5141

       (c) If the amount of the drug involved equals or exceeds two5142
hundred grams but is less than one thousand grams, possession of5143
marihuana is a felony of the fifth degree, and division (B) of5144
section 2929.13 of the Revised Code applies in determining whether5145
to impose a prison term on the offender.5146

       (d) If the amount of the drug involved equals or exceeds one5147
thousand grams but is less than five thousand grams, possession of5148
marihuana is a felony of the third degree, and division (C) of5149
section 2929.13 of the Revised Code applies in determining whether5150
to impose a prison term on the offender.5151

       (e) If the amount of the drug involved equals or exceeds5152
five thousand grams but is less than twenty thousand grams,5153
possession of marihuana is a felony of the third degree, and there5154
is a presumption that a prison term shall be imposed for the5155
offense.5156

       (f) If the amount of the drug involved equals or exceeds5157
twenty thousand grams, possession of marihuana is a felony of the5158
second degree, and the court shall impose as a mandatory prison5159
term the maximum prison term prescribed for a felony of the second5160
degree.5161

       (4) If the drug involved in the violation is cocaine or a5162
compound, mixture, preparation, or substance containing cocaine,5163
whoever violates division (A) of this section is guilty of5164
possession of cocaine. The penalty for the offense shall be5165
determined as follows:5166

       (a) Except as otherwise provided in division (C)(4)(b), (c),5167
(d), (e), or (f) of this section, possession of cocaine is a5168
felony of the fifth degree, and division (B) of section 2929.13 of5169
the Revised Code applies in determining whether to impose a prison5170
term on the offender.5171

       (b) If the amount of the drug involved equals or exceeds5172
five grams but is less than twenty-five grams of cocaine that is5173
not crack cocaine or equals or exceeds one gram but is less than5174
five grams of crack cocaine, possession of cocaine is a felony of5175
the fourth degree, and there is a presumption for a prison term5176
for the offense.5177

       (c) If the amount of the drug involved equals or exceeds5178
twenty-five grams but is less than one hundred grams of cocaine5179
that is not crack cocaine or equals or exceeds five grams but is5180
less than ten grams of crack cocaine, possession of cocaine is a5181
felony of the third degree, and the court shall impose as a5182
mandatory prison term one of the prison terms prescribed for a5183
felony of the third degree.5184

       (d) If the amount of the drug involved equals or exceeds one5185
hundred grams but is less than five hundred grams of cocaine that5186
is not crack cocaine or equals or exceeds ten grams but is less5187
than twenty-five grams of crack cocaine, possession of cocaine is5188
a felony of the second degree, and the court shall impose as a5189
mandatory prison term one of the prison terms prescribed for a5190
felony of the second degree.5191

       (e) If the amount of the drug involved equals or exceeds5192
five hundred grams but is less than one thousand grams of cocaine5193
that is not crack cocaine or equals or exceeds twenty-five grams5194
but is less than one hundred grams of crack cocaine, possession of5195
cocaine is a felony of the first degree, and the court shall5196
impose as a mandatory prison term one of the prison terms5197
prescribed for a felony of the first degree.5198

       (f) If the amount of the drug involved equals or exceeds one5199
thousand grams of cocaine that is not crack cocaine or equals or5200
exceeds one hundred grams of crack cocaine, possession of cocaine5201
is a felony of the first degree, the offender is a major drug5202
offender, and the court shall impose as a mandatory prison term5203
the maximum prison term prescribed for a felony of the first5204
degree and may impose an additional mandatory prison term5205
prescribed for a major drug offender under division (D)(3)(b) of5206
section 2929.14 of the Revised Code.5207

       (5) If the drug involved in the violation is L.S.D., whoever5208
violates division (A) of this section is guilty of possession of5209
L.S.D. The penalty for the offense shall be determined as5210
follows:5211

       (a) Except as otherwise provided in division (C)(5)(b), (c),5212
(d), (e), or (f) of this section, possession of L.S.D. is a felony5213
of the fifth degree, and division (B) of section 2929.13 of the5214
Revised Code applies in determining whether to impose a prison5215
term on the offender.5216

       (b) If the amount of L.S.D. involved equals or exceeds ten5217
unit doses but is less than fifty unit doses of L.S.D. in a solid5218
form or equals or exceeds one gram but is less than five grams of5219
L.S.D. in a liquid concentrate, liquid extract, or liquid5220
distillate form, possession of L.S.D. is a felony of the fourth5221
degree, and division (C) of section 2929.13 of the Revised Code5222
applies in determining whether to impose a prison term on the5223
offender.5224

       (c) If the amount of L.S.D. involved equals or exceeds fifty5225
unit doses, but is less than two hundred fifty unit doses of5226
L.S.D. in a solid form or equals or exceeds five grams but is less5227
than twenty-five grams of L.S.D. in a liquid concentrate, liquid5228
extract, or liquid distillate form, possession of L.S.D. is a5229
felony of the third degree, and there is a presumption for a5230
prison term for the offense.5231

       (d) If the amount of L.S.D. involved equals or exceeds two5232
hundred fifty unit doses but is less than one thousand unit doses5233
of L.S.D. in a solid form or equals or exceeds twenty-five grams5234
but is less than one hundred grams of L.S.D. in a liquid5235
concentrate, liquid extract, or liquid distillate form, possession5236
of L.S.D. is a felony of the second degree, and the court shall5237
impose as a mandatory prison term one of the prison terms5238
prescribed for a felony of the second degree.5239

       (e) If the amount of L.S.D. involved equals or exceeds one5240
thousand unit doses but is less than five thousand unit doses of5241
L.S.D. in a solid form or equals or exceeds one hundred grams but5242
is less than five hundred grams of L.S.D. in a liquid concentrate,5243
liquid extract, or liquid distillate form, possession of L.S.D. is5244
a felony of the first degree, and the court shall impose as a5245
mandatory prison term one of the prison terms prescribed for a5246
felony of the first degree.5247

       (f) If the amount of L.S.D. involved equals or exceeds five5248
thousand unit doses of L.S.D. in a solid form or equals or exceeds5249
five hundred grams of L.S.D. in a liquid concentrate, liquid5250
extract, or liquid distillate form, possession of L.S.D. is a5251
felony of the first degree, the offender is a major drug offender,5252
and the court shall impose as a mandatory prison term the maximum5253
prison term prescribed for a felony of the first degree and may5254
impose an additional mandatory prison term prescribed for a major5255
drug offender under division (D)(3)(b) of section 2929.14 of the5256
Revised Code.5257

       (6) If the drug involved in the violation is heroin or a5258
compound, mixture, preparation, or substance containing heroin,5259
whoever violates division (A) of this section is guilty of5260
possession of heroin. The penalty for the offense shall be5261
determined as follows:5262

       (a) Except as otherwise provided in division (C)(6)(b), (c),5263
(d), (e), or (f) of this section, possession of heroin is a felony5264
of the fifth degree, and division (B) of section 2929.13 of the5265
Revised Code applies in determining whether to impose a prison5266
term on the offender.5267

       (b) If the amount of the drug involved equals or exceeds ten5268
unit doses but is less than fifty unit doses or equals or exceeds5269
one gram but is less than five grams, possession of heroin is a5270
felony of the fourth degree, and division (C) of section 2929.135271
of the Revised Code applies in determining whether to impose a5272
prison term on the offender.5273

       (c) If the amount of the drug involved equals or exceeds5274
fifty unit doses but is less than one hundred unit doses or equals5275
or exceeds five grams but is less than ten grams, possession of5276
heroin is a felony of the third degree, and there is a presumption5277
for a prison term for the offense.5278

       (d) If the amount of the drug involved equals or exceeds one5279
hundred unit doses but is less than five hundred unit doses or5280
equals or exceeds ten grams but is less than fifty grams,5281
possession of heroin is a felony of the second degree, and the5282
court shall impose as a mandatory prison term one of the prison5283
terms prescribed for a felony of the second degree.5284

       (e) If the amount of the drug involved equals or exceeds5285
five hundred unit doses but is less than two thousand five hundred5286
unit doses or equals or exceeds fifty grams but is less than two5287
hundred fifty grams, possession of heroin is a felony of the first5288
degree, and the court shall impose as a mandatory prison term one5289
of the prison terms prescribed for a felony of the first degree.5290

       (f) If the amount of the drug involved equals or exceeds two5291
thousand five hundred unit doses or equals or exceeds two hundred5292
fifty grams, possession of heroin is a felony of the first degree,5293
the offender is a major drug offender, and the court shall impose5294
as a mandatory prison term the maximum prison term prescribed for5295
a felony of the first degree and may impose an additional5296
mandatory prison term prescribed for a major drug offender under5297
division (D)(3)(b) of section 2929.14 of the Revised Code.5298

       (7) If the drug involved in the violation is hashish or a5299
compound, mixture, preparation, or substance containing hashish,5300
whoever violates division (A) of this section is guilty of5301
possession of hashish. The penalty for the offense shall be5302
determined as follows:5303

       (a) Except as otherwise provided in division (C)(7)(b), (c),5304
(d), (e), or (f) of this section, possession of hashish is a minor5305
misdemeanor.5306

       (b) If the amount of the drug involved equals or exceeds5307
five grams but is less than ten grams of hashish in a solid form5308
or equals or exceeds one gram but is less than two grams of5309
hashish in a liquid concentrate, liquid extract, or liquid5310
distillate form, possession of hashish is a misdemeanor of the5311
fourth degree.5312

       (c) If the amount of the drug involved equals or exceeds ten5313
grams but is less than fifty grams of hashish in a solid form or5314
equals or exceeds two grams but is less than ten grams of hashish5315
in a liquid concentrate, liquid extract, or liquid distillate5316
form, possession of hashish is a felony of the fifth degree, and5317
division (B) of section 2929.13 of the Revised Code applies in5318
determining whether to impose a prison term on the offender.5319

       (d) If the amount of the drug involved equals or exceeds5320
fifty grams but is less than two hundred fifty grams of hashish in5321
a solid form or equals or exceeds ten grams but is less than fifty5322
grams of hashish in a liquid concentrate, liquid extract, or5323
liquid distillate form, possession of hashish is a felony of the5324
third degree, and division (C) of section 2929.13 of the Revised5325
Code applies in determining whether to impose a prison term on the5326
offender.5327

       (e) If the amount of the drug involved equals or exceeds two5328
hundred fifty grams but is less than one thousand grams of hashish5329
in a solid form or equals or exceeds fifty grams but is less than5330
two hundred grams of hashish in a liquid concentrate, liquid5331
extract, or liquid distillate form, possession of hashish is a5332
felony of the third degree, and there is a presumption that a5333
prison term shall be imposed for the offense.5334

       (f) If the amount of the drug involved equals or exceeds one5335
thousand grams of hashish in a solid form or equals or exceeds two5336
hundred grams of hashish in a liquid concentrate, liquid extract,5337
or liquid distillate form, possession of hashish is a felony of5338
the second degree, and the court shall impose as a mandatory5339
prison term the maximum prison term prescribed for a felony of the5340
second degree.5341

       (D) Arrest or conviction for a minor misdemeanor violation5342
of this section does not constitute a criminal record and need not5343
be reported by the person so arrested or convicted in response to5344
any inquiries about the person's criminal record, including any5345
inquiries contained in any application for employment, license, or5346
other right or privilege, or made in connection with the person's5347
appearance as a witness.5348

       (E) In addition to any prison term authorized or required by5349
division (C) of this section and sections 2929.13 and 2929.14 of5350
the Revised Code and in addition to any other sanction that is5351
imposed for the offense under this section or sections 2929.11 to5352
2929.18 of the Revised Code, the court that sentences an offender5353
who is convicted of or pleads guilty to a violation of division5354
(A) of this section shall do all of the following that are5355
applicable regarding the offender:5356

       (1)(a) If the violation is a felony of the first, second, or5357
third degree, the court shall impose upon the offender the5358
mandatory fine specified for the offense under division (B)(1) of5359
section 2929.18 of the Revised Code unless, as specified in that5360
division, the court determines that the offender is indigent.5361

       (b) Notwithstanding any contrary provision of section5362
3719.21 of the Revised Code, the clerk of the court shall pay a5363
mandatory fine or other fine imposed for a violation of this5364
section pursuant to division (A) of section 2929.18 of the Revised5365
Code in accordance with and subject to the requirements of5366
division (F) of section 2925.03 of the Revised Code. The agency5367
that receives the fine shall use the fine as specified in division5368
(F) of section 2925.03 of the Revised Code.5369

       (c) If a person is charged with a violation of this section5370
that is a felony of the first, second, or third degree, posts5371
bail, and forfeits the bail, the clerk shall pay the forfeited5372
bail pursuant to division (E)(1)(b) of this section as if it were5373
a mandatory fine imposed under division (E)(1)(a) of this section.5374

       (2) The court shall suspend for not less than six months or5375
more than five years the offender's driver's or commercial5376
driver's license or permit of any person who is convicted of or5377
has pleaded guilty to a violation of this section.5378

       (3) If the offender is a professionally licensed person or a5379
person who has been admitted to the bar by order of the supreme5380
court in compliance with its prescribed and published rules, in5381
addition to any other sanction imposed for a violation of this5382
section, the court forthwithimmediately shall comply with section5383
2925.38 of the Revised Code.5384

       (F) It is an affirmative defense, as provided in section5385
2901.05 of the Revised Code, to a charge of a fourth degree felony5386
violation under this section that the controlled substance that5387
gave rise to the charge is in an amount, is in a form, is5388
prepared, compounded, or mixed with substances that are not5389
controlled substances in a manner, or is possessed under any other5390
circumstances, that indicate that the substance was possessed5391
solely for personal use. Notwithstanding any contrary provision5392
of this section, if, in accordance with section 2901.05 of the5393
Revised Code, an accused who is charged with a fourth degree5394
felony violation of division (C)(2), (4), (5), or (6) of this5395
section sustains the burden of going forward with evidence of and5396
establishes by a preponderance of the evidence the affirmative5397
defense described in this division, the accused may be prosecuted5398
for and may plead guilty to or be convicted of a misdemeanor5399
violation of division (C)(2) of this section or a fifth degree5400
felony violation of division (C)(4), (5), or (6) of this section5401
respectively.5402

       (G) When a person is charged with possessing a bulk amount5403
or multiple of a bulk amount, division (E) of section 2925.03 of5404
the Revised Code applies regarding the determination of the amount5405
of the controlled substance involved at the time of the offense.5406

       Sec. 2925.12.  (A) No person shall knowingly make, obtain,5407
possess, or use any instrument, article, or thing the customary5408
and primary purpose of which is for the administration or use of a5409
dangerous drug, other than marihuana, when the instrument involved5410
is a hypodermic or syringe, whether or not of crude or5411
extemporized manufacture or assembly, and the instrument, article,5412
or thing involved has been used by the offender to unlawfully5413
administer or use a dangerous drug, other than marihuana, or to5414
prepare a dangerous drug, other than marihuana, for unlawful5415
administration or use.5416

       (B) This section does not apply to manufacturers, licensed5417
health professionals authorized to prescribe drugs, pharmacists,5418
owners of pharmacies, and other persons whose conduct was in5419
accordance with Chapters 3719., 4715., 4723., 4729., 4731., and5420
4741. of the Revised Code.5421

       (C) Whoever violates this section is guilty of possessing5422
drug abuse instruments, a misdemeanor of the second degree. If5423
the offender previously has been convicted of a drug abuse5424
offense, a violation of this section is a misdemeanor of the first5425
degree.5426

       (D) In addition to any other sanction imposed upon an5427
offender for a violation of this section, the court shall suspend5428
for not less than six months or more than five years the5429
offender's driver's or commercial driver's license or permit of5430
any person who is convicted of or has pleaded guilty to a5431
violation of this section. If the offender is a professionally5432
licensed person or a person who has been admitted to the bar by5433
order of the supreme court in compliance with its prescribed and5434
published rules, in addition to any other sanction imposed for a5435
violation of this section, the court forthwithimmediately shall5436
comply with section 2925.38 of the Revised Code.5437

       Sec. 2925.13.  (A) No person who is the owner, operator, or5438
person in charge of a locomotive, watercraft, aircraft, or other5439
vehicle, as defined in division (A) of section 4501.01 of the5440
Revised Code, shall knowingly permit the vehicle to be used for5441
the commission of a felony drug abuse offense.5442

       (B) No person who is the owner, lessee, or occupant, or who5443
has custody, control, or supervision, of premises or real estate,5444
including vacant land, shall knowingly permit the premises or real5445
estate, including vacant land, to be used for the commission of a5446
felony drug abuse offense by another person.5447

       (C)(1) Whoever violates this section is guilty of permitting5448
drug abuse.5449

       (2) Except as provided in division (C)(3) of this section,5450
permitting drug abuse is a misdemeanor of the first degree.5451

       (3) Permitting drug abuse is a felony of the fifth degree,5452
and division (C) of section 2929.13 of the Revised Code applies in5453
determining whether to impose a prison term on the offender, if5454
the felony drug abuse offense in question is a violation of5455
section 2925.02 or 2925.03 of the Revised Code.5456

       (D) In addition to any prison term authorized or required by5457
division (C) of this section and sections 2929.13 and 2929.14 of5458
the Revised Code and in addition to any other sanction imposed for5459
the offense under this section or sections 2929.11 to 2929.18 of5460
the Revised Code, the court that sentences a person who is5461
convicted of or pleads guilty to a violation of division (A) of5462
this section shall do all of the following that are applicable5463
regarding the offender:5464

       (1) The court shall suspend for not less than six months or5465
more than five years the offender's driver's or commercial5466
driver's license or permit of the offender.5467

       (2) If the offender is a professionally licensed person or a5468
person who has been admitted to the bar by order of the supreme5469
court in compliance with its prescribed and published rules, in5470
addition to any other sanction imposed for a violation of this5471
section, the court forthwithimmediately shall comply with section5472
2925.38 of the Revised Code.5473

       (E) Notwithstanding any contrary provision of section5474
3719.21 of the Revised Code, the clerk of the court shall pay a5475
fine imposed for a violation of this section pursuant to division5476
(A) of section 2929.18 of the Revised Code in accordance with and5477
subject to the requirements of division (F) of section 2925.03 of5478
the Revised Code. The agency that receives the fine shall use the5479
fine as specified in division (F) of section 2925.03 of the5480
Revised Code.5481

       (F) Any premises or real estate that is permitted to be used5482
in violation of division (B) of this section constitutes a5483
nuisance subject to abatement pursuant to Chapter 3767. of the5484
Revised Code.5485

       Sec. 2925.14.  (A) As used in this section, "drug5486
paraphernalia" means any equipment, product, or material of any5487
kind that is used by the offender, intended by the offender for5488
use, or designed for use, in propagating, cultivating, growing,5489
harvesting, manufacturing, compounding, converting, producing,5490
processing, preparing, testing, analyzing, packaging, repackaging,5491
storing, containing, concealing, injecting, ingesting, inhaling,5492
or otherwise introducing into the human body, a controlled5493
substance in violation of this chapter. "Drug paraphernalia"5494
includes, but is not limited to, any of the following equipment,5495
products, or materials that are used by the offender, intended by5496
the offender for use, or designed by the offender for use, in any5497
of the following manners:5498

       (1) A kit for propagating, cultivating, growing, or5499
harvesting any species of a plant that is a controlled substance5500
or from which a controlled substance can be derived;5501

       (2) A kit for manufacturing, compounding, converting,5502
producing, processing, or preparing a controlled substance;5503

       (3) An isomerization device for increasing the potency of5504
any species of a plant that is a controlled substance;5505

       (4) Testing equipment for identifying, or analyzing the5506
strength, effectiveness, or purity of, a controlled substance;5507

       (5) A scale or balance for weighing or measuring a5508
controlled substance;5509

       (6) A diluent or adulterant, such as quinine hydrochloride,5510
mannitol, mannite, dextrose, or lactose, for cutting a controlled5511
substance;5512

       (7) A separation gin or sifter for removing twigs and seeds5513
from, or otherwise cleaning or refining, marihuana;5514

       (8) A blender, bowl, container, spoon, or mixing device for5515
compounding a controlled substance;5516

       (9) A capsule, balloon, envelope, or container for packaging5517
small quantities of a controlled substance;5518

       (10) A container or device for storing or concealing a5519
controlled substance;5520

       (11) A hypodermic syringe, needle, or instrument for5521
parenterally injecting a controlled substance into the human body;5522

       (12) An object, instrument, or device for ingesting,5523
inhaling, or otherwise introducing into the human body, marihuana,5524
cocaine, hashish, or hashish oil, such as a metal, wooden,5525
acrylic, glass, stone, plastic, or ceramic pipe, with or without a5526
screen, permanent screen, hashish head, or punctured metal bowl;5527
water pipe; carburetion tube or device; smoking or carburetion5528
mask; roach clip or similar object used to hold burning material,5529
such as a marihuana cigarette, that has become too small or too5530
short to be held in the hand; miniature cocaine spoon, or cocaine5531
vial; chamber pipe; carburetor pipe; electric pipe; air driver5532
pipe; chillum; bong; or ice pipe or chiller.5533

       (B) In determining if an object is drug paraphernalia, a5534
court or law enforcement officer shall consider, in addition to5535
other relevant factors, the following:5536

       (1) Any statement by the owner, or by anyone in control, of5537
the object, concerning its use;5538

       (2) The proximity in time or space of the object, or of the5539
act relating to the object, to a violation of any provision of5540
this chapter;5541

       (3) The proximity of the object to any controlled substance;5542

       (4) The existence of any residue of a controlled substance5543
on the object;5544

       (5) Direct or circumstantial evidence of the intent of the5545
owner, or of anyone in control, of the object, to deliver it to5546
any person whom the owner or person in control of the object knows5547
intends to use the object to facilitate a violation of any5548
provision of this chapter. A finding that the owner, or anyone in5549
control, of the object, is not guilty of a violation of any other5550
provision of this chapter does not prevent a finding that the5551
object was intended or designed by the offender for use as drug5552
paraphernalia.5553

       (6) Any oral or written instruction provided with the object5554
concerning its use;5555

       (7) Any descriptive material accompanying the object and5556
explaining or depicting its use;5557

       (8) National or local advertising concerning the use of the5558
object;5559

       (9) The manner and circumstances in which the object is5560
displayed for sale;5561

       (10) Direct or circumstantial evidence of the ratio of the5562
sales of the object to the total sales of the business enterprise;5563

       (11) The existence and scope of legitimate uses of the5564
object in the community;5565

       (12) Expert testimony concerning the use of the object.5566

       (C)(1) No person shall knowingly use, or possess with5567
purpose to use, drug paraphernalia.5568

       (2) No person shall knowingly sell, or possess or5569
manufacture with purpose to sell, drug paraphernalia, if the5570
person knows or reasonably should know that the equipment,5571
product, or material will be used as drug paraphernalia.5572

       (3) No person shall place an advertisement in any newspaper,5573
magazine, handbill, or other publication that is published and5574
printed and circulates primarily within this state, if the person5575
knows that the purpose of the advertisement is to promote the5576
illegal sale in this state of the equipment, product, or material5577
that the offender intended or designed for use as drug5578
paraphernalia.5579

       (D) This section does not apply to manufacturers, licensed5580
health professionals authorized to prescribe drugs, pharmacists,5581
owners of pharmacies, and other persons whose conduct is in5582
accordance with Chapters 3719., 4715., 4723., 4729., 4731., and5583
4741. of the Revised Code. This section shall not be construed to5584
prohibit the possession or use of a hypodermic as authorized by5585
section 3719.172 of the Revised Code.5586

       (E) Notwithstanding sections 2933.42 and 2933.43 of the5587
Revised Code, any drug paraphernalia that was used, possessed,5588
sold, or manufactured in a violation of this section shall be5589
seized, after a conviction for that violation shall be forfeited,5590
and upon forfeiture shall be disposed of pursuant to division5591
(D)(8) of section 2933.41 of the Revised Code.5592

       (F)(1) Whoever violates division (C)(1) of this section is5593
guilty of illegal use or possession of drug paraphernalia, a5594
misdemeanor of the fourth degree.5595

       (2) Except as provided in division (F)(3) of this section,5596
whoever violates division (C)(2) of this section is guilty of5597
dealing in drug paraphernalia, a misdemeanor of the second degree.5598

       (3) Whoever violates division (C)(2) of this section by5599
selling drug paraphernalia to a juvenile is guilty of selling drug5600
paraphernalia to juveniles, a misdemeanor of the first degree.5601

       (4) Whoever violates division (C)(3) of this section is5602
guilty of illegal advertising of drug paraphernalia, a misdemeanor5603
of the second degree.5604

       (G) In addition to any other sanction imposed upon an5605
offender for a violation of this section, the court shall suspend5606
for not less than six months or more than five years the5607
offender's driver's or commercial driver's license or permit of5608
any person who is convicted of or has pleaded guilty to a5609
violation of this section. If the offender is a professionally5610
licensed person or a person who has been admitted to the bar by5611
order of the supreme court in compliance with its prescribed and5612
published rules, in addition to any other sanction imposed for a5613
violation of this section, the court forthwithimmediately shall5614
comply with section 2925.38 of the Revised Code.5615

       Sec. 2925.22.  (A) No person, by deception, as defined in5616
section 2913.01 of the Revised Code, shall procure the5617
administration of, a prescription for, or the dispensing of, a5618
dangerous drug or shall possess an uncompleted preprinted5619
prescription blank used for writing a prescription for a dangerous5620
drug.5621

       (B) Whoever violates this section is guilty of deception to5622
obtain a dangerous drug. The penalty for the offense shall be5623
determined as follows:5624

       (1) If the drug involved is a compound, mixture,5625
preparation, or substance included in schedule I or II, with the5626
exception of marihuana, deception to obtain drugs is a felony of5627
the fourth degree, and division (C) of section 2929.13 of the5628
Revised Code applies in determining whether to impose a prison5629
term on the offender.5630

       (2) If the drug involved is a dangerous drug or a compound,5631
mixture, preparation, or substance included in schedule III, IV,5632
or V or is marihuana, deception to obtain a dangerous drug is a5633
felony of the fifth degree, and division (C) of section 2929.13 of5634
the Revised Code applies in determining whether to impose a prison5635
term on the offender.5636

       (C) In addition to any prison term authorized or required by5637
division (B) of this section and sections 2929.13 and 2929.14 of5638
the Revised Code and in addition to any other sanction imposed for5639
the offense under this section or sections 2929.11 to 2929.18 of5640
the Revised Code, the court that sentences an offender who is5641
convicted of or pleads guilty to a violation of division (A) of5642
this section shall do both of the following:5643

       (1) The court shall suspend for not less than six months or5644
more than five years the offender's driver's or commercial5645
driver's license or permit of any person who is convicted of or5646
has pleaded guilty to a violation of this section.5647

       (2) If the offender is a professionally licensed person or a5648
person who has been admitted to the bar by order of the supreme5649
court in compliance with its prescribed and published rules, in5650
addition to any other sanction imposed for a violation of this5651
section, the court forthwithimmediately shall comply with section5652
2925.38 of the Revised Code.5653

       (D) Notwithstanding any contrary provision of section5654
3719.21 of the Revised Code, the clerk of the court shall pay a5655
fine imposed for a violation of this section pursuant to division5656
(A) of section 2929.18 of the Revised Code in accordance with and5657
subject to the requirements of division (F) of section 2925.03 of5658
the Revised Code. The agency that receives the fine shall use the5659
fine as specified in division (F) of section 2925.03 of the5660
Revised Code.5661

       Sec. 2925.23.  (A) No person shall knowingly make a false5662
statement in any prescription, order, report, or record required5663
by Chapter 3719. or 4729. of the Revised Code.5664

       (B) No person shall intentionally make, utter, or sell, or5665
knowingly possess any of the following that is a false or forged:5666

       (1) Prescription;5667

       (2) Uncompleted preprinted prescription blank used for5668
writing a prescription;5669

       (3) Official written order;5670

       (4) License for a terminal distributor of dangerous drugs as5671
required in section 4729.60 of the Revised Code;5672

       (5) Registration certificate for a wholesale distributor of5673
dangerous drugs as required in section 4729.60 of the Revised5674
Code.5675

       (C) No person, by theft as defined in section 2913.02 of the5676
Revised Code, shall acquire any of the following:5677

       (1) A prescription;5678

       (2) An uncompleted preprinted prescription blank used for5679
writing a prescription;5680

       (3) An official written order;5681

       (4) A blank official written order;5682

       (5) A license or blank license for a terminal distributor of5683
dangerous drugs as required in section 4729.60 of the Revised5684
Code;5685

       (6) A registration certificate or blank registration5686
certificate for a wholesale distributor of dangerous drugs as5687
required in section 4729.60 of the Revised Code.5688

       (D) No person shall knowingly make or affix any false or5689
forged label to a package or receptacle containing any dangerous5690
drugs.5691

       (E) Divisions (A) and (D) of this section do not apply to5692
licensed health professionals authorized to prescribe drugs,5693
pharmacists, owners of pharmacies, and other persons whose conduct5694
is in accordance with Chapters 3719., 4715., 4723., 4725., 4729.,5695
4731., and 4741. of the Revised Code.5696

       (F) Whoever violates this section is guilty of illegal5697
processing of drug documents. If the offender violates division5698
(B)(2), (4), or (5) or division (C)(2), (4), (5), or (6) of this5699
section, illegal processing of drug documents is a felony of the5700
fifth degree. If the offender violates division (B)(1) or (3),5701
division (C)(1) or (3), or division (D) of this section, the5702
penalty for illegal processing of drug documents shall be5703
determined as follows:5704

       (1) If the drug involved is a compound, mixture,5705
preparation, or substance included in schedule I or II, with the5706
exception of marihuana, illegal processing of drug documents is a5707
felony of the fourth degree, and division (C) of section 2929.135708
of the Revised Code applies in determining whether to impose a5709
prison term on the offender.5710

       (2) If the drug involved is a dangerous drug or a compound,5711
mixture, preparation, or substance included in schedule III, IV,5712
or V or is marihuana, illegal processing of drug documents is a5713
felony of the fifth degree, and division (C) of section 2929.13 of5714
the Revised Code applies in determining whether to impose a prison5715
term on the offender.5716

       (G) In addition to any prison term authorized or required by5717
division (F) of this section and sections 2929.13 and 2929.14 of5718
the Revised Code and in addition to any other sanction imposed for5719
the offense under this section or sections 2929.11 to 2929.18 of5720
the Revised Code, the court that sentences an offender who is5721
convicted of or pleads guilty to any violation of divisions (A) to5722
(D) of this section shall do both of the following:5723

       (1) The court shall suspend for not less than six months or5724
more than five years the offender's driver's or commercial5725
driver's license or permit of any person who is convicted of or5726
has pleaded guilty to a violation of this section.5727

       (2) If the offender is a professionally licensed person or a5728
person who has been admitted to the bar by order of the supreme5729
court in compliance with its prescribed and published rules, in5730
addition to any other sanction imposed for a violation of this5731
section, the court forthwithimmediately shall comply with section5732
2925.38 of the Revised Code.5733

       (H) Notwithstanding any contrary provision of section5734
3719.21 of the Revised Code, the clerk of court shall pay a fine5735
imposed for a violation of this section pursuant to division (A)5736
of section 2929.18 of the Revised Code in accordance with and5737
subject to the requirements of division (F) of section 2925.03 of5738
the Revised Code. The agency that receives the fine shall use the5739
fine as specified in division (F) of section 2925.03 of the5740
Revised Code.5741

       Sec. 2925.31.  (A) Except for lawful research, clinical,5742
medical, dental, or veterinary purposes, no person, with purpose5743
to induce intoxication or similar physiological effects, shall5744
obtain, possess, or use a harmful intoxicant.5745

       (B) Whoever violates this section is guilty of abusing5746
harmful intoxicants, a misdemeanor of the first degree. If the5747
offender previously has been convicted of a drug abuse offense,5748
abusing harmful intoxicants is a felony of the fifth degree.5749

       (C) In addition to any other sanction imposed upon an5750
offender for a violation of this section, the court shall suspend5751
for not less than six months or more than five years the5752
offender's driver's or commercial driver's license or permit of5753
any person who is convicted of or has pleaded guilty to a5754
violation of this section. If the offender is a professionally5755
licensed person or a person who has been admitted to the bar by5756
order of the supreme court in compliance with its prescribed and5757
published rules, in addition to any other sanction imposed for a5758
violation of this section, the court forthwithimmediately shall5759
comply with section 2925.38 of the Revised Code.5760

       Sec. 2925.32.  (A) Divisions (A)(1) and (2) of this section5761
do not apply to the dispensing or distributing of nitrous oxide.5762

       (1) No person shall knowingly dispense or distribute a5763
harmful intoxicant to a person age eighteen or older if the person5764
who dispenses or distributes it knows or has reason to believe5765
that the harmful intoxicant will be used in violation of section5766
2925.31 of the Revised Code.5767

       (2) No person shall knowingly dispense or distribute a5768
harmful intoxicant to a person under age eighteen if the person5769
who dispenses or distributes it knows or has reason to believe5770
that the harmful intoxicant will be used in violation of section5771
2925.31 of the Revised Code. Division (A)(2) of this section does5772
not prohibit either of the following:5773

       (a) Dispensing or distributing a harmful intoxicant to a5774
person under age eighteen if a written order from the juvenile's5775
parent or guardian is provided to the dispenser or distributor;5776

       (b) Dispensing or distributing gasoline or diesel fuel to a5777
person under age eighteen if the dispenser or distributor does not5778
know or have reason to believe the product will be used in5779
violation of section 2925.31 of the Revised Code. Division5780
(A)(2)(a) of this section does not require a person to obtain a5781
written order from the parent or guardian of a person under age5782
eighteen in order to distribute or dispense gasoline or diesel5783
fuel to the person.5784

       (B)(1) No person shall knowingly dispense or distribute5785
nitrous oxide to a person age twenty-one or older if the person5786
who dispenses or distributes it knows or has reason to believe the5787
nitrous oxide will be used in violation of section 2925.31 of the5788
Revised Code.5789

       (2) Except for lawful medical, dental, or clinical purposes,5790
no person shall knowingly dispense or distribute nitrous oxide to5791
a person under age twenty-one.5792

       (3) No person, at the time a cartridge of nitrous oxide is5793
sold to another person, shall sell a device that allows the5794
purchaser to inhale nitrous oxide from cartridges or to hold5795
nitrous oxide released from cartridges for purposes of inhalation.5796
The sale of any such device constitutes a rebuttable presumption5797
that the person knew or had reason to believe that the purchaser5798
intended to abuse the nitrous oxide.5799

       (4) No person who dispenses or distributes nitrous oxide in5800
cartridges shall fail to comply with either of the following:5801

       (a) The record-keeping requirements established under5802
division (F) of this section;5803

       (b) The labeling and transaction identification requirements5804
established under division (G) of this section.5805

       (C) This section does not apply to products used in making,5806
fabricating, assembling, transporting, or constructing a product5807
or structure by manual labor or machinery for sale or lease to5808
another person, or to the mining, refining, or processing of5809
natural deposits.5810

       (D)(1) Whoever violates division (A)(1) or (2) or division5811
(B)(1), (2), or (3) of this section is guilty of trafficking in5812
harmful intoxicants, a felony of the fifth degree. If the5813
offender previously has been convicted of a drug abuse offense,5814
trafficking in harmful intoxicants is a felony of the fourth5815
degree. In addition to any other sanction imposed upon an5816
offender for trafficking in harmful intoxicants, the court shall5817
suspend for not less than six months or more than five years the5818
offender's driver's or commercial driver's license or permit of5819
any person who is convicted of or has pleaded guilty to5820
trafficking in harmful intoxicants. If the offender is a5821
professionally licensed person or a person who has been admitted5822
to the bar by order of the supreme court in compliance with its5823
prescribed and published rules, in addition to any other sanction5824
imposed for trafficking in harmful intoxicants, the court5825
forthwithimmediately shall comply with section 2925.38 of the5826
Revised Code.5827

       (2) Whoever violates division (B)(4)(a) or (b) of this5828
section is guilty of improperly dispensing or distributing nitrous5829
oxide, a misdemeanor of the fourth degree.5830

       (E) It is an affirmative defense to a charge of a violation5831
of division (A)(2) or (B)(2) of this section that:5832

       (1) An individual exhibited to the defendant or an officer5833
or employee of the defendant, for purposes of establishing the5834
individual's age, a driver's license or permit issued by this5835
state, a commercial driver's license or permit issued by this5836
state, an identification card issued pursuant to section 4507.505837
of the Revised Code, for another document that purports to be a5838
license, permit, or identification card described in this5839
division;5840

       (2) The document exhibited appeared to be a genuine,5841
unaltered document, to pertain to the individual, and to establish5842
the individual's age;5843

       (3) The defendant or the officer or employee of the5844
defendant otherwise did not have reasonable cause to believe that5845
the individual was under the age represented.5846

       (F) Beginning July 1, 2000, a person who dispenses or5847
distributes nitrous oxide shall record each transaction involving5848
the dispensing or distributing of the nitrous oxide on a separate5849
card. The person shall require the purchaser to sign the card and5850
provide a complete residence address. The person dispensing or5851
distributing the nitrous oxide shall sign and date the card. The5852
person shall retain the card recording a transaction for one year5853
from the date of the transaction. The person shall maintain the5854
cards at the person's business address and make them available5855
during normal business hours for inspection and copying by5856
officers or employees of the state board of pharmacy or of other5857
law enforcement agencies of this state or the United States that5858
are authorized to investigate violations of Chapter 2925., 3719.,5859
or 4729. of the Revised Code or the federal drug abuse control5860
laws.5861

       The cards used to record each transaction shall inform the5862
purchaser of the following:5863

       (1) That nitrous oxide cartridges are to be used only for5864
purposes of preparing food;5865

       (2) That inhalation of nitrous oxide can have dangerous5866
health effects;5867

       (3) That it is a violation of state law to distribute or5868
dispense cartridges of nitrous oxide to any person under age5869
twenty-one, punishable as a felony of the fifth degree.5870

       (G)(1) Each cartridge of nitrous oxide dispensed or5871
distributed in this state shall bear the following printed5872
warning:5873

       "Nitrous oxide cartridges are to be used only for purposes of5874
preparing food. Nitrous oxide cartridges may not be sold to5875
persons under age twenty-one. Do not inhale contents. Misuse can5876
be dangerous to your health."5877

       (2) Each time a person dispenses or distributes one or more5878
cartridges of nitrous oxide, the person shall mark the packaging5879
containing the cartridges with a label or other device that5880
identifies the person who dispensed or distributed the nitrous5881
oxide and the person's business address.5882

       Sec. 2925.36.  (A) No person shall knowingly furnish another5883
a sample drug.5884

       (B) Division (A) of this section does not apply to5885
manufacturers, wholesalers, pharmacists, owners of pharmacies,5886
licensed health professionals authorized to prescribe drugs, and5887
other persons whose conduct is in accordance with Chapters 3719.,5888
4715., 4723., 4725., 4729., 4731., and 4741. of the Revised Code.5889

       (C)(1) Whoever violates this section is guilty of illegal5890
dispensing of drug samples.5891

       (2) If the drug involved in the offense is a compound,5892
mixture, preparation, or substance included in schedule I or II,5893
with the exception of marihuana, the penalty for the offense shall5894
be determined as follows:5895

       (a) Except as otherwise provided in division (C)(2)(b) of5896
this section, illegal dispensing of drug samples is a felony of5897
the fifth degree, and, subject to division (E) of this section,5898
division (C) of section 2929.13 of the Revised Code applies in5899
determining whether to impose a prison term on the offender.5900

       (b) If the offense was committed in the vicinity of a school5901
or in the vicinity of a juvenile, illegal dispensing of drug5902
samples is a felony of the fourth degree, and, subject to division5903
(E) of this section, division (C) of section 2929.13 of the5904
Revised Code applies in determining whether to impose a prison5905
term on the offender.5906

       (3) If the drug involved in the offense is a dangerous drug5907
or a compound, mixture, preparation, or substance included in5908
schedule III, IV, or V, or is marihuana, the penalty for the5909
offense shall be determined as follows:5910

       (a) Except as otherwise provided in division (C)(3)(b) of5911
this section, illegal dispensing of drug samples is a misdemeanor5912
of the second degree.5913

       (b) If the offense was committed in the vicinity of a school5914
or in the vicinity of a juvenile, illegal dispensing of drug5915
samples is a misdemeanor of the first degree.5916

       (D) In addition to any prison term authorized or required by5917
division (C) or (E) of this section and sections 2929.13 and5918
2929.14 of the Revised Code and in addition to any other sanction5919
imposed for the offense under this section or sections 2929.11 to5920
2929.18 of the Revised Code, the court that sentences an offender5921
who is convicted of or pleads guilty to a violation of division5922
(A) of this section shall do both of the following:5923

       (1) The court shall suspend for not less than six months or5924
more than five years the offender's driver's or commercial5925
driver's license or permit of any person who is convicted of or5926
has pleaded guilty to a violation of this section.5927

       (2) If the offender is a professionally licensed person or a5928
person who has been admitted to the bar by order of the supreme5929
court in compliance with its prescribed and published rules, in5930
addition to any other sanction imposed for a violation of this5931
section, the court forthwithimmediately shall comply with section5932
2925.38 of the Revised Code.5933

       (E) Notwithstanding the prison term authorized or required5934
by division (C) of this section and sections 2929.13 and 2929.145935
of the Revised Code, if the violation of division (A) of this5936
section involves the sale, offer to sell, or possession of a5937
schedule I or II controlled substance, with the exception of5938
marihuana, and if the court imposing sentence upon the offender5939
finds that the offender as a result of the violation is a major5940
drug offender and is guilty of a specification of the type5941
described in section 2941.1410 of the Revised Code, the court, in5942
lieu of the prison term otherwise authorized or required, shall5943
impose upon the offender the mandatory prison term specified in5944
division (D)(3)(a) of section 2929.14 of the Revised Code and may5945
impose an additional prison term under division (D)(3)(b) of that5946
section.5947

       (F) Notwithstanding any contrary provision of section5948
3719.21 of the Revised Code, the clerk of the court shall pay a5949
fine imposed for a violation of this section pursuant to division5950
(A) of section 2929.18 of the Revised Code in accordance with and5951
subject to the requirements of division (F) of section 2925.03 of5952
the Revised Code. The agency that receives the fine shall use the5953
fine as specified in division (F) of section 2925.03 of the5954
Revised Code.5955

       Sec. 2925.37.  (A) No person shall knowingly possess any5956
counterfeit controlled substance.5957

       (B) No person shall knowingly make, sell, offer to sell, or5958
deliver any substance that the person knows is a counterfeit5959
controlled substance.5960

       (C) No person shall make, possess, sell, offer to sell, or5961
deliver any punch, die, plate, stone, or other device knowing or5962
having reason to know that it will be used to print or reproduce a5963
trademark, trade name, or other identifying mark upon a5964
counterfeit controlled substance.5965

       (D) No person shall sell, offer to sell, give, or deliver5966
any counterfeit controlled substance to a juvenile.5967

       (E) No person shall directly or indirectly represent a5968
counterfeit controlled substance as a controlled substance by5969
describing its effects as the physical or psychological effects5970
associated with use of a controlled substance.5971

       (F) No person shall directly or indirectly falsely represent5972
or advertise a counterfeit controlled substance as a controlled5973
substance. As used in this division, "advertise" means engaging5974
in "advertisement," as defined in section 3715.01 of the Revised5975
Code.5976

       (G) Whoever violates division (A) of this section is guilty5977
of possession of counterfeit controlled substances, a misdemeanor5978
of the first degree.5979

       (H) Whoever violates division (B) or (C) of this section is5980
guilty of trafficking in counterfeit controlled substances. Except5981
as otherwise provided in this division, trafficking in counterfeit5982
controlled substances is a felony of the fifth degree, and5983
division (C) of section 2929.13 of the Revised Code applies in5984
determining whether to impose a prison term on the offender. If5985
the offense was committed in the vicinity of a school or in the5986
vicinity of a juvenile, trafficking in counterfeit controlled5987
substances is a felony of the fourth degree, and division (C) of5988
section 2929.13 of the Revised Code applies in determining whether5989
to impose a prison term on the offender.5990

       (I) Whoever violates division (D) of this section is guilty5991
of aggravated trafficking in counterfeit controlled substances.5992
Except as otherwise provided in this division, aggravated5993
trafficking in counterfeit controlled substances is a felony of5994
the fourth degree, and division (C) of section 2929.13 of the5995
Revised Code applies in determining whether to impose a prison5996
term on the offender.5997

       (J) Whoever violates division (E) of this section is guilty5998
of promoting and encouraging drug abuse. Except as otherwise5999
provided in this division, promoting and encouraging drug abuse is6000
a felony of the fifth degree, and division (C) of section 2929.136001
of the Revised Code applies in determining whether to impose a6002
prison term on the offender. If the offense was committed in the6003
vicinity of a school or in the vicinity of a juvenile, promoting6004
and encouraging drug abuse is a felony of the fourth degree, and6005
division (C) of section 2929.13 of the Revised Code applies in6006
determining whether to impose a prison term on the offender.6007

       (K) Whoever violates division (F) of this section is guilty6008
of fraudulent drug advertising. Except as otherwise provided in6009
this division, fraudulent drug advertising is a felony of the6010
fifth degree, and division (C) of section 2929.13 of the Revised6011
Code applies in determining whether to impose a prison term on the6012
offender. If the offense was committed in the vicinity of a6013
school or in the vicinity of a juvenile, fraudulent drug6014
advertising is a felony of the fourth degree, and division (C) of6015
section 2929.13 of the Revised Code applies in determining whether6016
to impose a prison term on the offender.6017

       (L) In addition to any prison term authorized or required by6018
divisions (H) to (K) of this section and sections 2929.13 and6019
2929.14 of the Revised Code and in addition to any other sanction6020
imposed for the offense under this section or sections 2929.11 to6021
2929.18 of the Revised Code, the court that sentences an offender6022
who is convicted of or pleads guilty to a violation of division6023
(B), (C), (D), (E), or (F) of this section shall do both of the6024
following:6025

       (1) The court shall suspend for not less than six months or6026
more than five years the offender's driver's or commercial6027
driver's license or permit of any person who is convicted of or6028
has pleaded guilty to any other violation of this section.6029

       (2) If the offender is a professionally licensed person or a6030
person who has been admitted to the bar by order of the supreme6031
court in compliance with its prescribed and published rules, in6032
addition to any other sanction imposed for a violation of this6033
section, the court forthwithimmediately shall comply with section6034
2925.38 of the Revised Code.6035

       (M) Notwithstanding any contrary provision of section6036
3719.21 of the Revised Code, the clerk of the court shall pay a6037
fine imposed for a violation of this section pursuant to division6038
(A) of section 2929.18 of the Revised Code in accordance with and6039
subject to the requirements of division (F) of section 2925.03 of6040
the Revised Code. The agency that receives the fine shall use the6041
fine as specified in division (F) of section 2925.03 of the6042
Revised Code.6043

       Sec. 2925.38.  If a person who is convicted of or pleads6044
guilty to a violation of section 2925.02, 2925.03, 2925.04,6045
2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.22,6046
2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised Code6047
is a professionally licensed person, in addition to any other6048
sanctions imposed for the violation, the court forthwith,except6049
as otherwise provided in this section, immediately shall transmit6050
a certified copy of the judgment entry of conviction to the6051
regulatory or licensing board or agency that has the6052
administrative authority to suspend or revoke the offender's6053
professional license. If athe professionally licensed person who6054
is convicted of or pleads guilty to a violation of any section6055
listed in this section is a person who has been admitted to the6056
bar by order of the supreme court in compliance with its6057
prescribed and published rules, in addition to any other sanctions6058
imposed for the violation, the court forthwithimmediately shall6059
transmit a certified copy of the judgment entry of conviction to6060
the secretary of the board of commissioners on grievances and6061
discipline of the supreme court and to either the disciplinary6062
counsel or the president, secretary, and chairmanchairperson of6063
each certified grievance committee.6064

       Sec. 2929.01.  As used in this chapter:6065

       (A)(1) "Alternative residential facility" means, subject to6066
division (A)(2) of this section, any facility other than an6067
offender's home or residence in which an offender is assigned to6068
live and that satisfies all of the following criteria:6069

       (a) It provides programs through which the offender may seek6070
or maintain employment or may receive education, training,6071
treatment, or habilitation.6072

       (b) It has received the appropriate license or certificate6073
for any specialized education, training, treatment, habilitation,6074
or other service that it provides from the government agency that6075
is responsible for licensing or certifying that type of education,6076
training, treatment, habilitation, or service.6077

       (2) "Alternative residential facility" does not include a6078
community-based correctional facility, jail, halfway house, or6079
prison.6080

       (B) "Bad time" means the time by which the parole board6081
administratively extends an offender's stated prison term or terms6082
pursuant to section 2967.11 of the Revised Code because the parole6083
board finds by clear and convincing evidence that the offender,6084
while serving the prison term or terms, committed an act that is a6085
criminal offense under the law of this state or the United States,6086
whether or not the offender is prosecuted for the commission of6087
that act.6088

       (C) "Basic probation supervision" means a requirement that6089
the offender maintain contact with a person appointed to supervise6090
the offender in accordance with sanctions imposed by the court or6091
imposed by the parole board pursuant to section 2967.28 of the6092
Revised Code. "Basic probation supervision" includes basic parole6093
supervision and basic post-release control supervision.6094

       (D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and6095
"unit dose" have the same meanings as in section 2925.01 of the6096
Revised Code.6097

       (E) "Community-based correctional facility" means a6098
community-based correctional facility and program or district6099
community-based correctional facility and program developed6100
pursuant to sections 2301.51 to 2301.56 of the Revised Code.6101

       (F) "Community control sanction" means a sanction that is6102
not a prison term and that is described in section 2929.15,6103
2929.16, 2929.17, or 2929.18 of the Revised Code.6104

       (G) "Controlled substance," "marihuana," "schedule I," and6105
"schedule II" have the same meanings as in section 3719.01 of the6106
Revised Code.6107

       (H) "Curfew" means a requirement that an offender during a6108
specified period of time be at a designated place.6109

       (I) "Day reporting" means a sanction pursuant to which an6110
offender is required each day to report to and leave a center or6111
other approved reporting location at specified times in order to6112
participate in work, education or training, treatment, and other6113
approved programs at the center or outside the center.6114

       (J) "Deadly weapon" has the same meaning as in section6115
2923.11 of the Revised Code.6116

       (K) "Drug and alcohol use monitoring" means a program under6117
which an offender agrees to submit to random chemical analysis of6118
the offender's blood, breath, or urine to determine whether the6119
offender has ingested any alcohol or other drugs.6120

       (L) "Drug treatment program" means any program under which a6121
person undergoes assessment and treatment designed to reduce or6122
completely eliminate the person's physical or emotional reliance6123
upon alcohol, another drug, or alcohol and another drug and under6124
which the person may be required to receive assessment and6125
treatment on an outpatient basis or may be required to reside at a6126
facility other than the person's home or residence while6127
undergoing assessment and treatment.6128

       (M) "Economic loss" means any economic detriment suffered by6129
a victim as a result of the commission of a felony and includes6130
any loss of income due to lost time at work because of any injury6131
caused to the victim, and any property loss, medical cost, or6132
funeral expense incurred as a result of the commission of the6133
felony.6134

       (N) "Education or training" includes study at, or in6135
conjunction with a program offered by, a university, college, or6136
technical college or vocational study and also includes the6137
completion of primary school, secondary school, and literacy6138
curricula or their equivalent.6139

       (O) "Electronically monitored house arrest" has the same6140
meaning as in section 2929.23 of the Revised Code.6141

       (P) "Eligible offender" has the same meaning as in section6142
2929.23 of the Revised Code except as otherwise specified in6143
section 2929.20 of the Revised Code.6144

       (Q) "Firearm" has the same meaning as in section 2923.11 of6145
the Revised Code.6146

       (R) "Halfway house" means a facility licensed by the6147
division of parole and community services of the department of6148
rehabilitation and correction pursuant to section 2967.14 of the6149
Revised Code as a suitable facility for the care and treatment of6150
adult offenders.6151

       (S) "House arrest" means a period of confinement of an6152
eligible offender that is in the eligible offender's home or in6153
other premises specified by the sentencing court or by the parole6154
board pursuant to section 2967.28 of the Revised Code, that may be6155
electronically monitored house arrest, and during which all of the6156
following apply:6157

       (1) The eligible offender is required to remain in the6158
eligible offender's home or other specified premises for the6159
specified period of confinement, except for periods of time during6160
which the eligible offender is at the eligible offender's place of6161
employment or at other premises as authorized by the sentencing6162
court or by the parole board.6163

       (2) The eligible offender is required to report periodically6164
to a person designated by the court or parole board.6165

       (3) The eligible offender is subject to any other6166
restrictions and requirements that may be imposed by the6167
sentencing court or by the parole board.6168

       (T) "Intensive probation supervision" means a requirement6169
that an offender maintain frequent contact with a person appointed6170
by the court, or by the parole board pursuant to section 2967.286171
of the Revised Code, to supervise the offender while the offender6172
is seeking or maintaining necessary employment and participating6173
in training, education, and treatment programs as required in the6174
court's or parole board's order. "Intensive probation6175
supervision" includes intensive parole supervision and intensive6176
post-release control supervision.6177

       (U) "Jail" means a jail, workhouse, minimum security jail,6178
or other residential facility used for the confinement of alleged6179
or convicted offenders that is operated by a political subdivision6180
or a combination of political subdivisions of this state.6181

       (V) "Delinquent child" has the same meaning as in section6182
2152.02 of the Revised Code.6183

       (W) "License violation report" means a report that is made6184
by a sentencing court, or by the parole board pursuant to section6185
2967.28 of the Revised Code, to the regulatory or licensing board6186
or agency that issued an offender a professional license or a6187
license or permit to do business in this state and that specifies6188
that the offender has been convicted of or pleaded guilty to an6189
offense that may violate the conditions under which the offender's6190
professional license or license or permit to do business in this6191
state was granted or an offense for which the offender's6192
professional license or license or permit to do business in this6193
state may be revoked or suspended.6194

       (X) "Major drug offender" means an offender who is convicted6195
of or pleads guilty to the possession of, sale of, or offer to6196
sell any drug, compound, mixture, preparation, or substance that6197
consists of or contains at least one thousand grams of hashish; at6198
least one hundred grams of crack cocaine; at least one thousand6199
grams of cocaine that is not crack cocaine; at least two thousand6200
five hundred unit doses or two hundred fifty grams of heroin; at6201
least five thousand unit doses of L.S.D. or five hundred grams of6202
L.S.D. in a liquid concentrate, liquid extract, or liquid6203
distillate form; or at least one hundred times the amount of any6204
other schedule I or II controlled substance other than marihuana6205
that is necessary to commit a felony of the third degree pursuant6206
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised6207
Code that is based on the possession of, sale of, or offer to sell6208
the controlled substance.6209

       (Y) "Mandatory prison term" means any of the following:6210

       (1) Subject to division (Y)(2) of this section, the term in6211
prison that must be imposed for the offenses or circumstances set6212
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and6213
division (D) of section 2929.14 of the Revised Code. Except as6214
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and6215
2925.11 of the Revised Code, unless the maximum or another6216
specific term is required under section 2929.14 of the Revised6217
Code, a mandatory prison term described in this division may be6218
any prison term authorized for the level of offense.6219

       (2) The term of sixty or one hundred twenty days in prison6220
that a sentencing court is required to impose for a third or6221
fourth degree felony OMVIOVI offense pursuant to division (G)(2)6222
of section 2929.13 and division (A)(4) or (8)(G)(1)(d) or (e) of6223
section 4511.994511.19 of the Revised Code.6224

       (3) The term in prison imposed pursuant to section 2971.036225
of the Revised Code for the offenses and in the circumstances6226
described in division (F)(11) of section 2929.13 of the Revised6227
Code and that term as modified or terminated pursuant to section6228
2971.05 of the Revised Code.6229

       (Z) "Monitored time" means a period of time during which an6230
offender continues to be under the control of the sentencing court6231
or parole board, subject to no conditions other than leading a6232
law-abiding life.6233

       (AA) "Offender" means a person who, in this state, is6234
convicted of or pleads guilty to a felony or a misdemeanor.6235

       (BB) "Prison" means a residential facility used for the6236
confinement of convicted felony offenders that is under the6237
control of the department of rehabilitation and correction but6238
does not include a violation sanction center operated under6239
authority of section 2967.141 of the Revised Code.6240

       (CC) "Prison term" includes any of the following sanctions6241
for an offender:6242

       (1) A stated prison term;6243

       (2) A term in a prison shortened by, or with the approval6244
of, the sentencing court pursuant to section 2929.20, 2967.26,6245
5120.031, 5120.032, or 5120.073 of the Revised Code;6246

       (3) A term in prison extended by bad time imposed pursuant6247
to section 2967.11 of the Revised Code or imposed for a violation6248
of post-release control pursuant to section 2967.28 of the Revised6249
Code.6250

       (DD) "Repeat violent offender" means a person about whom6251
both of the following apply:6252

       (1) The person has been convicted of or has pleaded guilty6253
to, and is being sentenced for committing, for complicity in6254
committing, or for an attempt to commit, aggravated murder,6255
murder, involuntary manslaughter, a felony of the first degree6256
other than one set forth in Chapter 2925. of the Revised Code, a6257
felony of the first degree set forth in Chapter 2925. of the6258
Revised Code that involved an attempt to cause serious physical6259
harm to a person or that resulted in serious physical harm to a6260
person, or a felony of the second degree that involved an attempt6261
to cause serious physical harm to a person or that resulted in6262
serious physical harm to a person.6263

       (2) Either of the following applies:6264

       (a) The person previously was convicted of or pleaded guilty6265
to, and served a prison term for, any of the following:6266

       (i) Aggravated murder, murder, involuntary manslaughter,6267
rape, felonious sexual penetration as it existed under section6268
2907.12 of the Revised Code prior to September 3, 1996, a felony6269
of the first or second degree that resulted in the death of a6270
person or in physical harm to a person, or complicity in or an6271
attempt to commit any of those offenses;6272

       (ii) An offense under an existing or former law of this6273
state, another state, or the United States that is or was6274
substantially equivalent to an offense listed under division6275
(DD)(2)(a)(i) of this section and that resulted in the death of a6276
person or in physical harm to a person.6277

       (b) The person previously was adjudicated a delinquent child6278
for committing an act that if committed by an adult would have6279
been an offense listed in division (DD)(2)(a)(i) or (ii) of this6280
section, the person was committed to the department of youth6281
services for that delinquent act.6282

       (EE) "Sanction" means any penalty imposed upon an offender6283
who is convicted of or pleads guilty to an offense, as punishment6284
for the offense. "Sanction" includes any sanction imposed6285
pursuant to any provision of sections 2929.14 to 2929.18 of the6286
Revised Code.6287

       (FF) "Sentence" means the sanction or combination of6288
sanctions imposed by the sentencing court on an offender who is6289
convicted of or pleads guilty to a felony.6290

       (GG) "Stated prison term" means the prison term, mandatory6291
prison term, or combination of all prison terms and mandatory6292
prison terms imposed by the sentencing court pursuant to section6293
2929.14 or 2971.03 of the Revised Code. "Stated prison term"6294
includes any credit received by the offender for time spent in6295
jail awaiting trial, sentencing, or transfer to prison for the6296
offense and any time spent under house arrest or electronically6297
monitored house arrest imposed after earning credits pursuant to6298
section 2967.193 of the Revised Code.6299

       (HH) "Victim-offender mediation" means a reconciliation or6300
mediation program that involves an offender and the victim of the6301
offense committed by the offender and that includes a meeting in6302
which the offender and the victim may discuss the offense, discuss6303
restitution, and consider other sanctions for the offense.6304

       (II) "Fourth degree felony OMVIOVI offense" means a6305
violation of division (A) of section 4511.19 of the Revised Code6306
that, under division (G) of that section 4511.99 of the Revised6307
Code, is a felony of the fourth degree.6308

       (JJ) "Mandatory term of local incarceration" means the term6309
of sixty or one hundred twenty days in a jail, a community-based6310
correctional facility, a halfway house, or an alternative6311
residential facility that a sentencing court may impose upon a6312
person who is convicted of or pleads guilty to a fourth degree6313
felony OMVIOVI offense pursuant to division (G)(1) of section6314
2929.13 of the Revised Code and division (A)(4) or (8)(G)(1)(d)6315
or (e) of section 4511.994511.19 of the Revised Code.6316

       (KK) "Designated homicide, assault, or kidnapping offense,"6317
"sexual motivation specification," "sexually violent offense,"6318
"sexually violent predator," and "sexually violent predator6319
specification" have the same meanings as in section 2971.01 of the6320
Revised Code.6321

       (LL) "Habitual sex offender," "sexually oriented offense,"6322
and "sexual predator" have the same meanings as in section 2950.016323
of the Revised Code.6324

       (MM) An offense is "committed in the vicinity of a child" if6325
the offender commits the offense within thirty feet of or within6326
the same residential unit as a child who is under eighteen years6327
of age, regardless of whether the offender knows the age of the6328
child or whether the offender knows the offense is being committed6329
within thirty feet of or within the same residential unit as the6330
child and regardless of whether the child actually views the6331
commission of the offense.6332

       (NN) "Family or household member" has the same meaning as in6333
section 2919.25 of the Revised Code.6334

       (OO) "Motor vehicle" and "manufactured home" have the same6335
meanings as in section 4501.01 of the Revised Code.6336

       (PP) "Detention" and "detention facility" have the same6337
meanings as in section 2921.01 of the Revised Code.6338

       (QQ) "Third 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 third degree.6342

       (RR) "Random drug testing" has the same meaning as in6343
section 5120.63 of the Revised Code.6344

       (SS) "Felony sex offense" has the same meaning as in section6345
2957.28 of the Revised Code.6346

       (RR)(TT) "Body armor" has the same meaning as in section6347
2941.1411 of the Revised Code.6348

       Sec. 2929.13.  (A) Except as provided in division (E), (F),6349
or (G) of this section and unless a specific sanction is required6350
to be imposed or is precluded from being imposed pursuant to law,6351
a court that imposes a sentence upon an offender for a felony may6352
impose any sanction or combination of sanctions on the offender6353
that are provided in sections 2929.14 to 2929.18 of the Revised6354
Code. The sentence shall not impose an unnecessary burden on6355
state or local government resources.6356

       If the offender is eligible to be sentenced to community6357
control sanctions, the court shall consider the appropriateness of6358
imposing a financial sanction pursuant to section 2929.18 of the6359
Revised Code or a sanction of community service pursuant to6360
section 2929.17 of the Revised Code as the sole sanction for the6361
offense. Except as otherwise provided in this division, if the6362
court is required to impose a mandatory prison term for the6363
offense for which sentence is being imposed, the court also may6364
impose a financial sanction pursuant to section 2929.18 of the6365
Revised Code but may not impose any additional sanction or6366
combination of sanctions under section 2929.16 or 2929.17 of the6367
Revised Code.6368

       If the offender is being sentenced for a fourth degree felony6369
OMVIOVI offense or for a third degree felony OMVIOVI offense, in6370
addition to the mandatory term of local incarceration or the6371
mandatory prison term required for the offense by division (G)(1)6372
or (2) of this section, the court shall impose upon the offender a6373
mandatory fine in accordance with division (B)(3) of section6374
2929.18 of the Revised Code and may impose whichever of the6375
following is applicable:6376

       (1) For a fourth degree felony OMVIOVI offense for which6377
sentence is imposed under division (G)(1) of this section, an6378
additional community control sanction or combination of community6379
control sanctions under section 2929.16 or 2929.17 of the Revised6380
Code;6381

       (2) For a third or fourth degree felony OMVIOVI offense for6382
which sentence is imposed under division (G)(2) of this section,6383
an additional prison term as described in division (D)(4) of6384
section 2929.14 of the Revised Code.6385

       (B)(1) Except as provided in division (B)(2), (E), (F), or6386
(G) of this section, in sentencing an offender for a felony of the6387
fourth or fifth degree, the sentencing court shall determine6388
whether any of the following apply:6389

       (a) In committing the offense, the offender caused physical6390
harm to a person.6391

       (b) In committing the offense, the offender attempted to6392
cause or made an actual threat of physical harm to a person with a6393
deadly weapon.6394

       (c) In committing the offense, the offender attempted to6395
cause or made an actual threat of physical harm to a person, and6396
the offender previously was convicted of an offense that caused6397
physical harm to a person.6398

       (d) The offender held a public office or position of trust6399
and the offense related to that office or position; the offender's6400
position obliged the offender to prevent the offense or to bring6401
those committing it to justice; or the offender's professional6402
reputation or position facilitated the offense or was likely to6403
influence the future conduct of others.6404

       (e) The offender committed the offense for hire or as part6405
of an organized criminal activity.6406

       (f) The offense is a sex offense that is a fourth or fifth6407
degree felony violation of section 2907.03, 2907.04, 2907.05,6408
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the6409
Revised Code.6410

       (g) The offender previously served a prison term.6411

       (h) The offender committed the offense while under a6412
community control sanction, while on probation, or while released6413
from custody on a bond or personal recognizance.6414

       (i) The offender committed the offense while in possession6415
of a firearm.6416

       (2)(a) If the court makes a finding described in division6417
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this6418
section and if the court, after considering the factors set forth6419
in section 2929.12 of the Revised Code, finds that a prison term6420
is consistent with the purposes and principles of sentencing set6421
forth in section 2929.11 of the Revised Code and finds that the6422
offender is not amenable to an available community control6423
sanction, the court shall impose a prison term upon the offender.6424

       (b) Except as provided in division (E), (F), or (G) of this6425
section, if the court does not make a finding described in6426
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of6427
this section and if the court, after considering the factors set6428
forth in section 2929.12 of the Revised Code, finds that a6429
community control sanction or combination of community control6430
sanctions is consistent with the purposes and principles of6431
sentencing set forth in section 2929.11 of the Revised Code, the6432
court shall impose a community control sanction or combination of6433
community control sanctions upon the offender.6434

       (C) Except as provided in division (E), (F), or (G) of this6435
section, in determining whether to impose a prison term as a6436
sanction for a felony of the third degree or a felony drug offense6437
that is a violation of a provision of Chapter 2925. of the Revised6438
Code and that is specified as being subject to this division for6439
purposes of sentencing, the sentencing court shall comply with the6440
purposes and principles of sentencing under section 2929.11 of the6441
Revised Code and with section 2929.12 of the Revised Code.6442

       (D) Except as provided in division (E) or (F) of this6443
section, for a felony of the first or second degree and for a6444
felony drug offense that is a violation of any provision of6445
Chapter 2925., 3719., or 4729. of the Revised Code for which a6446
presumption in favor of a prison term is specified as being6447
applicable, it is presumed that a prison term is necessary in6448
order to comply with the purposes and principles of sentencing6449
under section 2929.11 of the Revised Code. Notwithstanding the6450
presumption established under this division, the sentencing court6451
may impose a community control sanction or a combination of6452
community control sanctions instead of a prison term on an6453
offender for a felony of the first or second degree or for a6454
felony drug offense that is a violation of any provision of6455
Chapter 2925., 3719., or 4729. of the Revised Code for which a6456
presumption in favor of a prison term is specified as being6457
applicable if it makes both of the following findings:6458

       (1) A community control sanction or a combination of6459
community control sanctions would adequately punish the offender6460
and protect the public from future crime, because the applicable6461
factors under section 2929.12 of the Revised Code indicating a6462
lesser likelihood of recidivism outweigh the applicable factors6463
under that section indicating a greater likelihood of recidivism.6464

       (2) A community control sanction or a combination of6465
community control sanctions would not demean the seriousness of6466
the offense, because one or more factors under section 2929.12 of6467
the Revised Code that indicate that the offender's conduct was6468
less serious than conduct normally constituting the offense are6469
applicable, and they outweigh the applicable factors under that6470
section that indicate that the offender's conduct was more serious6471
than conduct normally constituting the offense.6472

       (E)(1) Except as provided in division (F) of this section,6473
for any drug offense that is a violation of any provision of6474
Chapter 2925. of the Revised Code and that is a felony of the6475
third, fourth, or fifth degree, the applicability of a presumption6476
under division (D) of this section in favor of a prison term or of6477
division (B) or (C) of this section in determining whether to6478
impose a prison term for the offense shall be determined as6479
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,6480
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the6481
Revised Code, whichever is applicable regarding the violation.6482

       (2) If an offender who was convicted of or pleaded guilty to6483
a felony violates the conditions of a community control sanction6484
imposed for the offense solely by reason of producing positive6485
results on a drug test, the court, as punishment for the violation6486
of the sanction, shall not order that the offender be imprisoned6487
unless the court determines on the record either of the following:6488

       (a) The offender had been ordered as a sanction for the6489
felony to participate in a drug treatment program, in a drug6490
education program, or in narcotics anonymous or a similar program,6491
and the offender continued to use illegal drugs after a reasonable6492
period of participation in the program.6493

       (b) The imprisonment of the offender for the violation is6494
consistent with the purposes and principles of sentencing set6495
forth in section 2929.11 of the Revised Code.6496

       (F) Notwithstanding divisions (A) to (E) of this section,6497
the court shall impose a prison term or terms under sections6498
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the6499
Revised Code and except as specifically provided in section6500
2929.20 or 2967.191 of the Revised Code or when parole is6501
authorized for the offense under section 2967.13 of the Revised6502
Code shall not reduce the terms pursuant to section 2929.20,6503
section 2967.193, or any other provision of Chapter 2967. or6504
Chapter 5120. of the Revised Code for any of the following6505
offenses:6506

       (1) Aggravated murder when death is not imposed or murder;6507

       (2) Any rape, regardless of whether force was involved and6508
regardless of the age of the victim, or an attempt to commit rape6509
by force when the victim is under thirteen years of age;6510

       (3) Gross sexual imposition or sexual battery, if the victim6511
is under thirteen years of age, if the offender previously was6512
convicted of or pleaded guilty to rape, the former offense of6513
felonious sexual penetration, gross sexual imposition, or sexual6514
battery, and if the victim of the previous offense was under6515
thirteen years of age;6516

       (4) A felony violation of section 2903.04, 2903.06, 2903.08,6517
2903.11, 2903.12, or 2903.13 of the Revised Code if the section6518
requires the imposition of a prison term;6519

       (5) A first, second, or third degree felony drug offense for6520
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,6521
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or6522
4729.99 of the Revised Code, whichever is applicable regarding the6523
violation, requires the imposition of a mandatory prison term;6524

       (6) Any offense that is a first or second degree felony and6525
that is not set forth in division (F)(1), (2), (3), or (4) of this6526
section, if the offender previously was convicted of or pleaded6527
guilty to aggravated murder, murder, any first or second degree6528
felony, or an offense under an existing or former law of this6529
state, another state, or the United States that is or was6530
substantially equivalent to one of those offenses;6531

       (7) Any offense that is a third degree felony and that is6532
listed in division (DD)(1) of section 2929.01 of the Revised Code6533
if the offender previously was convicted of or pleaded guilty to6534
any offense that is listed in division (DD)(2)(a)(i) or (ii) of6535
section 2929.01 of the Revised Code;6536

       (8) Any offense, other than a violation of section 2923.126537
of the Revised Code, that is a felony, if the offender had a6538
firearm on or about the offender's person or under the offender's6539
control while committing the felony, with respect to a portion of6540
the sentence imposed pursuant to division (D)(1)(a) of section6541
2929.14 of the Revised Code for having the firearm;6542

       (9) Any offense of violence that is a felony, if the6543
offender wore or carried body armor while committing the felony6544
offense of violence, with respect to the portion of the sentence6545
imposed pursuant to division (D)(1)(d) of section 2929.14 of the6546
Revised Code for wearing or carrying the body armor;6547

       (10) Corrupt activity in violation of section 2923.32 of the6548
Revised Code when the most serious offense in the pattern of6549
corrupt activity that is the basis of the offense is a felony of6550
the first degree;6551

       (11) Any sexually violent offense for which the offender6552
also is convicted of or pleads guilty to a sexually violent6553
predator specification that was included in the indictment, count6554
in the indictment, or information charging the sexually violent6555
offense;6556

       (12) A violation of division (A)(1) or (2) of section6557
2921.36 of the Revised Code, or a violation of division (C) of6558
that section involving an item listed in division (A)(1) or (2) of6559
that section, if the offender is an officer or employee of the6560
department of rehabilitation and correction.6561

       (G) Notwithstanding divisions (A) to (E) of this section, if6562
an offender is being sentenced for a fourth degree felony OMVIOVI6563
offense or for a third degree felony OMVIOVI offense, the court6564
shall impose upon the offender a mandatory term of local6565
incarceration or a mandatory prison term in accordance with the6566
following:6567

       (1) If the offender is being sentenced for a fourth degree6568
felony OMVIOVI offense, the court may impose upon the offender a6569
mandatory term of local incarceration of sixty days or one hundred6570
twenty days as specified in division (A)(4)(G)(1)(d) of section6571
4511.994511.19 of the Revised Code or a mandatory term of local6572
incarceration of one hundred twenty days as specified in division6573
(A)(8) of that section. The court shall not reduce the term6574
pursuant to section 2929.20, 2967.193, or any other provision of6575
the Revised Code. The court that imposes a mandatory term of6576
local incarceration under this division shall specify whether the6577
term is to be served in a jail, a community-based correctional6578
facility, a halfway house, or an alternative residential facility,6579
and the offender shall serve the term in the type of facility6580
specified by the court. A mandatory term of local incarceration6581
imposed under division (G)(1) of this section is not subject to6582
extension under section 2967.11 of the Revised Code, to a period6583
of post-release control under section 2967.28 of the Revised Code,6584
or to any other Revised Code provision that pertains to a prison6585
term.6586

       (2) If the offender is being sentenced for a third degree6587
felony OMVIOVI offense, or if the offender is being sentenced for6588
a fourth degree felony OMVIOVI offense and the court does not6589
impose a mandatory term of local incarceration under division6590
(G)(1) of this section, the court shall impose upon the offender a6591
mandatory prison term of sixty days or one hundred twenty days as6592
specified in division (A)(4)(G)(1)(e) of section 4511.994511.196593
of the Revised Code or a mandatory prison term of one hundred6594
twenty days as specified in division (A)(8) of that section. The6595
court shall not reduce the term pursuant to section 2929.20,6596
2967.193, or any other provision of the Revised Code. In no case6597
shall an offender who once has been sentenced to a mandatory term6598
of local incarceration pursuant to division (G)(1) of this section6599
for a fourth degree felony OMVIOVI offense be sentenced to6600
another mandatory term of local incarceration under that division6601
for any violation of division (A) of section 4511.19 of the6602
Revised Code. The court shall not sentence the offender to a6603
community control sanction under section 2929.16 or 2929.17 of the6604
Revised Code. The department of rehabilitation and correction may6605
place an offender sentenced to a mandatory prison term under this6606
division in an intensive program prison established pursuant to6607
section 5120.033 of the Revised Code if the department gave the6608
sentencing judge prior notice of its intent to place the offender6609
in an intensive program prison established under that section and6610
if the judge did not notify the department that the judge6611
disapproved the placement. Upon the establishment of the initial6612
intensive program prison pursuant to section 5120.033 of the6613
Revised Code that is privately operated and managed by a6614
contractor pursuant to a contract entered into under section 9.066615
of the Revised Code, both of the following apply:6616

       (a) The department of rehabilitation and correction shall6617
make a reasonable effort to ensure that a sufficient number of6618
offenders sentenced to a mandatory prison term under this division6619
are placed in the privately operated and managed prison so that6620
the privately operated and managed prison has full occupancy.6621

       (b) Unless the privately operated and managed prison has6622
full occupancy, the department of rehabilitation and correction6623
shall not place any offender sentenced to a mandatory prison term6624
under this division in any intensive program prison established6625
pursuant to section 5120.033 of the Revised Code other than the6626
privately operated and managed prison.6627

       (H) If an offender is being sentenced for a sexually6628
oriented offense committed on or after January 1, 1997, the judge6629
shall require the offender to submit to a DNA specimen collection6630
procedure pursuant to section 2901.07 of the Revised Code if6631
either of the following applies:6632

       (1) The offense was a sexually violent offense, and the6633
offender also was convicted of or pleaded guilty to a sexually6634
violent predator specification that was included in the6635
indictment, count in the indictment, or information charging the6636
sexually violent offense.6637

       (2) The judge imposing sentence for the sexually oriented6638
offense determines pursuant to division (B) of section 2950.09 of6639
the Revised Code that the offender is a sexual predator.6640

       (I) If an offender is being sentenced for a sexually6641
oriented offense committed on or after January 1, 1997, the judge6642
shall include in the sentence a summary of the offender's duty to6643
register pursuant to section 2950.04 of the Revised Code, the6644
offender's duty to provide notice of a change in residence address6645
and register the new residence address pursuant to section 2950.056646
of the Revised Code, the offender's duty to periodically verify6647
the offender's current residence address pursuant to section6648
2950.06 of the Revised Code, and the duration of the duties. The6649
judge shall inform the offender, at the time of sentencing, of6650
those duties and of their duration and, if required under division6651
(A)(2) of section 2950.03 of the Revised Code, shall perform the6652
duties specified in that section.6653

       (J)(1) Except as provided in division (J)(2) of this6654
section, when considering sentencing factors under this section in6655
relation to an offender who is convicted of or pleads guilty to an6656
attempt to commit an offense in violation of section 2923.02 of6657
the Revised Code, the sentencing court shall consider the factors6658
applicable to the felony category of the violation of section6659
2923.02 of the Revised Code instead of the factors applicable to6660
the felony category of the offense attempted.6661

       (2) When considering sentencing factors under this section6662
in relation to an offender who is convicted of or pleads guilty to6663
an attempt to commit a drug abuse offense for which the penalty is6664
determined by the amount or number of unit doses of the controlled6665
substance involved in the drug abuse offense, the sentencing court6666
shall consider the factors applicable to the felony category that6667
the drug abuse offense attempted would be if that drug abuse6668
offense had been committed and had involved an amount or number of6669
unit doses of the controlled substance that is within the next6670
lower range of controlled substance amounts than was involved in6671
the attempt.6672

       (K) As used in this section, "drug abuse offense" has the6673
same meaning as in section 2925.01 of the Revised Code.6674

       Sec. 2929.14.  (A) Except as provided in division (C),6675
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this section and except6676
in relation to an offense for which a sentence of death or life6677
imprisonment is to be imposed, if the court imposing a sentence6678
upon an offender for a felony elects or is required to impose a6679
prison term on the offender pursuant to this chapter and is not6680
prohibited by division (G)(1) of section 2929.13 of the Revised6681
Code from imposing a prison term on the offender, the court shall6682
impose a definite prison term that shall be one of the following:6683

       (1) For a felony of the first degree, the prison term shall6684
be three, four, five, six, seven, eight, nine, or ten years.6685

       (2) For a felony of the second degree, the prison term shall6686
be two, three, four, five, six, seven, or eight years.6687

       (3) For a felony of the third degree, the prison term shall6688
be one, two, three, four, or five years.6689

       (4) For a felony of the fourth degree, the prison term shall6690
be six, seven, eight, nine, ten, eleven, twelve, thirteen,6691
fourteen, fifteen, sixteen, seventeen, or eighteen months.6692

       (5) For a felony of the fifth degree, the prison term shall6693
be six, seven, eight, nine, ten, eleven, or twelve months.6694

       (B) Except as provided in division (C), (D)(1), (D)(2),6695
(D)(3), or (G) of this section, in section 2907.02 of the Revised6696
Code, or in Chapter 2925. of the Revised Code, if the court6697
imposing a sentence upon an offender for a felony elects or is6698
required to impose a prison term on the offender and if the6699
offender previously has not served a prison term, the court shall6700
impose the shortest prison term authorized for the offense6701
pursuant to division (A) of this section, unless the court finds6702
on the record that the shortest prison term will demean the6703
seriousness of the offender's conduct or will not adequately6704
protect the public from future crime by the offender or others.6705

       (C) Except as provided in division (G) of this section or in6706
Chapter 2925. of the Revised Code, the court imposing a sentence6707
upon an offender for a felony may impose the longest prison term6708
authorized for the offense pursuant to division (A) of this6709
section only upon offenders who committed the worst forms of the6710
offense, upon offenders who pose the greatest likelihood of6711
committing future crimes, upon certain major drug offenders under6712
division (D)(3) of this section, and upon certain repeat violent6713
offenders in accordance with division (D)(2) of this section.6714

       (D)(1)(a) Except as provided in division (D)(1)(e) of this6715
section, if an offender who is convicted of or pleads guilty to a6716
felony also is convicted of or pleads guilty to a specification of6717
the type described in section 2941.141, 2941.144, or 2941.145 of6718
the Revised Code, the court shall impose on the offender one of6719
the following prison terms:6720

       (i) A prison term of six years if the specification is of6721
the type described in section 2941.144 of the Revised Code that6722
charges the offender with having a firearm that is an automatic6723
firearm or that was equipped with a firearm muffler or silencer on6724
or about the offender's person or under the offender's control6725
while committing the felony;6726

       (ii) A prison term of three years if the specification is of6727
the type described in section 2941.145 of the Revised Code that6728
charges the offender with having a firearm on or about the6729
offender's person or under the offender's control while committing6730
the offense and displaying the firearm, brandishing the firearm,6731
indicating that the offender possessed the firearm, or using it to6732
facilitate the offense;6733

       (iii) A prison term of one year if the specification is of6734
the type described in section 2941.141 of the Revised Code that6735
charges the offender with having a firearm on or about the6736
offender's person or under the offender's control while committing6737
the felony.6738

       (b) If a court imposes a prison term on an offender under6739
division (D)(1)(a) of this section, the prison term shall not be6740
reduced pursuant to section 2929.20, section 2967.193, or any6741
other provision of Chapter 2967. or Chapter 5120. of the Revised6742
Code. A court shall not impose more than one prison term on an6743
offender under division (D)(1)(a) of this section for felonies6744
committed as part of the same act or transaction.6745

       (c) Except as provided in division (D)(1)(e) of this6746
section, if an offender who is convicted of or pleads guilty to a6747
violation of section 2923.161 of the Revised Code or to a felony6748
that includes, as an essential element, purposely or knowingly6749
causing or attempting to cause the death of or physical harm to6750
another, also is convicted of or pleads guilty to a specification6751
of the type described in section 2941.146 of the Revised Code that6752
charges the offender with committing the offense by discharging a6753
firearm from a motor vehicle other than a manufactured home, the6754
court, after imposing a prison term on the offender for the6755
violation of section 2923.161 of the Revised Code or for the other6756
felony offense under division (A), (D)(2), or (D)(3) of this6757
section, shall impose an additional prison term of five years upon6758
the offender that shall not be reduced pursuant to section6759
2929.20, section 2967.193, or any other provision of Chapter 2967.6760
or Chapter 5120. of the Revised Code. A court shall not impose6761
more than one additional prison term on an offender under division6762
(D)(1)(c) of this section for felonies committed as part of the6763
same act or transaction. If a court imposes an additional prison6764
term on an offender under division (D)(1)(c) of this section6765
relative to an offense, the court also shall impose a prison term6766
under division (D)(1)(a) of this section relative to the same6767
offense, provided the criteria specified in that division for6768
imposing an additional prison term are satisfied relative to the6769
offender and the offense.6770

       (d) If an offender who is convicted of or pleads guilty to6771
an offense of violence that is a felony also is convicted of or6772
pleads guilty to a specification of the type described in section6773
2941.1411 of the Revised Code that charges the offender with6774
wearing or carrying body armor while committing the felony offense6775
of violence, the court shall impose on the offender a prison term6776
of two years. The prison term so imposed shall not be reduced6777
pursuant to section 2929.20, section 2967.193, or any other6778
provision of chapterChapter 2967. or chapterChapter 5120. of the6779
Revised Code. A court shall not impose more than one prison term6780
on an offender under division (D)(1)(d) of this section for6781
felonies committed as part of the same act or transaction. If a6782
court imposes an additional prison term under division (D)(1)(a)6783
or (c) of this section, the court is not precluded from imposing6784
an additional prison term under division (D)(1)(d) of this6785
section.6786

       (e) The court shall not impose any of the prison terms6787
described in division (D)(1)(a) of this section or any of the6788
additional prison terms described in division (D)(1)(c) of this6789
section upon an offender for a violation of section 2923.12 or6790
2923.123 of the Revised Code. The court shall not impose any of6791
the prison terms described in division (D)(1)(a) of this section6792
or any of the additional prison terms described in division6793
(D)(1)(c) of this section upon an offender for a violation of6794
section 2923.13 of the Revised Code unless all of the following6795
apply:6796

       (i) The offender previously has been convicted of aggravated6797
murder, murder, or any felony of the first or second degree.6798

       (ii) Less than five years have passed since the offender was6799
released from prison or post-release control, whichever is later,6800
for the prior offense.6801

       (2)(a) If an offender who is convicted of or pleads guilty6802
to a felony also is convicted of or pleads guilty to a6803
specification of the type described in section 2941.149 of the6804
Revised Code that the offender is a repeat violent offender, the6805
court shall impose a prison term from the range of terms6806
authorized for the offense under division (A) of this section that6807
may be the longest term in the range and that shall not be reduced6808
pursuant to section 2929.20, section 2967.193, or any other6809
provision of Chapter 2967. or Chapter 5120. of the Revised Code.6810
If the court finds that the repeat violent offender, in committing6811
the offense, caused any physical harm that carried a substantial6812
risk of death to a person or that involved substantial permanent6813
incapacity or substantial permanent disfigurement of a person, the6814
court shall impose the longest prison term from the range of terms6815
authorized for the offense under division (A) of this section.6816

       (b) If the court imposing a prison term on a repeat violent6817
offender imposes the longest prison term from the range of terms6818
authorized for the offense under division (A) of this section, the6819
court may impose on the offender an additional definite prison6820
term of one, two, three, four, five, six, seven, eight, nine, or6821
ten years if the court finds that both of the following apply with6822
respect to the prison terms imposed on the offender pursuant to6823
division (D)(2)(a) of this section and, if applicable, divisions6824
(D)(1) and (3) of this section:6825

       (i) The terms so imposed are inadequate to punish the6826
offender and protect the public from future crime, because the6827
applicable factors under section 2929.12 of the Revised Code6828
indicating a greater likelihood of recidivism outweigh the6829
applicable factors under that section indicating a lesser6830
likelihood of recidivism.6831

       (ii) The terms so imposed are demeaning to the seriousness6832
of the offense, because one or more of the factors under section6833
2929.12 of the Revised Code indicating that the offender's conduct6834
is more serious than conduct normally constituting the offense are6835
present, and they outweigh the applicable factors under that6836
section indicating that the offender's conduct is less serious6837
than conduct normally constituting the offense.6838

       (3)(a) Except when an offender commits a violation of6839
section 2903.01 or 2907.02 of the Revised Code and the penalty6840
imposed for the violation is life imprisonment or commits a6841
violation of section 2903.02 of the Revised Code, if the offender6842
commits a violation of section 2925.03 or 2925.11 of the Revised6843
Code and that section classifies the offender as a major drug6844
offender and requires the imposition of a ten-year prison term on6845
the offender, if the offender commits a felony violation of6846
section 2925.02, 2925.04, 2925.05, 2925.36, 3719.07, 3719.08,6847
3719.16, 3719.161, 4729.37, or 4729.61, division (C) or (D) of6848
section 3719.172, division (C) of section 4729.51, or division (J)6849
of section 4729.54 of the Revised Code that includes the sale,6850
offer to sell, or possession of a schedule I or II controlled6851
substance, with the exception of marihuana, and the court imposing6852
sentence upon the offender finds that the offender is guilty of a6853
specification of the type described in section 2941.1410 of the6854
Revised Code charging that the offender is a major drug offender,6855
or if the court imposing sentence upon an offender for a felony6856
finds that the offender is guilty of corrupt activity with the6857
most serious offense in the pattern of corrupt activity being a6858
felony of the first degree or is guilty of an attempted forcible6859
violation of section 2907.02 of the Revised Code with the victim6860
being under thirteen years of age and that attempted violation is6861
the felony for which sentence is being imposed, the court shall6862
impose upon the offender for the felony violation a ten-year6863
prison term that cannot be reduced pursuant to section 2929.20 or6864
Chapter 2967. or 5120. of the Revised Code.6865

       (b) The court imposing a prison term on an offender under6866
division (D)(3)(a) of this section may impose an additional prison6867
term of one, two, three, four, five, six, seven, eight, nine, or6868
ten years, if the court, with respect to the term imposed under6869
division (D)(3)(a) of this section and, if applicable, divisions6870
(D)(1) and (2) of this section, makes both of the findings set6871
forth in divisions (D)(2)(b)(i) and (ii) of this section.6872

       (4) If the offender is being sentenced for a third or fourth6873
degree felony OMVIOVI offense under division (G)(2) of section6874
2929.13 of the Revised Code, the sentencing court shall impose6875
upon the offender a mandatory prison term in accordance with that6876
division. In addition to the mandatory prison term, if the6877
offender is being sentenced for a fourth degree felony OVI6878
offense, the court, notwithstanding division (A)(4) of this6879
section, may sentence the offender to a definite prison term of6880
not less than six months and not more than thirty months, and if6881
the offender is being sentenced for a third degree felony OVI6882
offense, the sentencing court may sentence the offender to an6883
additional prison term of any duration specified in division6884
(A)(3) of this section minus. In either case, the additional6885
prison term imposed shall be reduced by the sixty or one hundred6886
twenty days imposed upon the offender as the mandatory prison6887
term. The total of the additional prison term imposed under6888
division (D)(4) of this section plus the sixty or one hundred6889
twenty days imposed as the mandatory prison term shall equal a6890
definite term in the range of six months to thirty months for a6891
fourth degree felony OVI offense and shall equal one of the6892
authorized prison terms specified in division (A)(3) of this6893
section for a third degree felony OVI offense. If the court6894
imposes an additional prison term under division (D)(4) of this6895
section, the offender shall serve the additional prison term after6896
the offender has served the mandatory prison term required for the6897
offense. The court shall not sentence the offender to a community6898
control sanction under section 2929.16 or 2929.17 of the Revised6899
Code.6900

       (E)(1)(a) Subject to division (E)(1)(b) of this section, if6901
a mandatory prison term is imposed upon an offender pursuant to6902
division (D)(1)(a) of this section for having a firearm on or6903
about the offender's person or under the offender's control while6904
committing a felony, if a mandatory prison term is imposed upon an6905
offender pursuant to division (D)(1)(c) of this section for6906
committing a felony specified in that division by discharging a6907
firearm from a motor vehicle, or if both types of mandatory prison6908
terms are imposed, the offender shall serve any mandatory prison6909
term imposed under either division consecutively to any other6910
mandatory prison term imposed under either division or under6911
division (D)(1)(d) of this section, consecutively to and prior to6912
any prison term imposed for the underlying felony pursuant to6913
division (A), (D)(2), or (D)(3) of this section or any other6914
section of the Revised Code, and consecutively to any other prison6915
term or mandatory prison term previously or subsequently imposed6916
upon the offender.6917

       (b) If a mandatory prison term is imposed upon an offender6918
pursuant to division (D)(1)(d) of this section for wearing or6919
carrying body armor while committing an offense of violence that6920
is a felony, the offender shall serve the mandatory term so6921
imposed consecutively to any other mandatory prison term imposed6922
under that division or under division (D)(1)(a) or (c) of this6923
section, consecutively to and prior to any prison term imposed for6924
the underlying felony under division (A), (D)(2), or (D)(3) of6925
this section or any other section of the Revised Code, and6926
consecutively to any other prison term or mandatory prison term6927
previously or subsequently imposed upon the offender.6928

       (2) If an offender who is an inmate in a jail, prison, or6929
other residential detention facility violates section 2917.02,6930
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender6931
who is under detention at a detention facility commits a felony6932
violation of section 2923.131 of the Revised Code, or if an6933
offender who is an inmate in a jail, prison, or other residential6934
detention facility or is under detention at a detention facility6935
commits another felony while the offender is an escapee in6936
violation of section 2921.34 of the Revised Code, any prison term6937
imposed upon the offender for one of those violations shall be6938
served by the offender consecutively to the prison term or term of6939
imprisonment the offender was serving when the offender committed6940
that offense and to any other prison term previously or6941
subsequently imposed upon the offender.6942

       (3) If a prison term is imposed for a violation of division6943
(B) of section 2911.01 of the Revised Code or if a prison term is6944
imposed for a felony violation of division (B) of section 2921.3316945
of the Revised Code, the offender shall serve that prison term6946
consecutively to any other prison term or mandatory prison term6947
previously or subsequently imposed upon the offender.6948

       (4) If multiple prison terms are imposed on an offender for6949
convictions of multiple offenses, the court may require the6950
offender to serve the prison terms consecutively if the court6951
finds that the consecutive service is necessary to protect the6952
public from future crime or to punish the offender and that6953
consecutive sentences are not disproportionate to the seriousness6954
of the offender's conduct and to the danger the offender poses to6955
the public, and if the court also finds any of the following:6956

       (a) The offender committed the multiple offenses while the6957
offender was awaiting trial or sentencing, was under a sanction6958
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the6959
Revised Code, or was under post-release control for a prior6960
offense.6961

       (b) The harm caused by the multiple offenses was so great or6962
unusual that no single prison term for any of the offenses6963
committed as part of a single course of conduct adequately6964
reflects the seriousness of the offender's conduct.6965

       (c) The offender's history of criminal conduct demonstrates6966
that consecutive sentences are necessary to protect the public6967
from future crime by the offender.6968

       (5) When consecutive prison terms are imposed pursuant to6969
division (E)(1), (2), (3), or (4) of this section, the term to be6970
served is the aggregate of all of the terms so imposed.6971

       (F) If a court imposes a prison term of a type described in6972
division (B) of section 2967.28 of the Revised Code, it shall6973
include in the sentence a requirement that the offender be subject6974
to a period of post-release control after the offender's release6975
from imprisonment, in accordance with that division. If a court6976
imposes a prison term of a type described in division (C) of that6977
section, it shall include in the sentence a requirement that the6978
offender be subject to a period of post-release control after the6979
offender's release from imprisonment, in accordance with that6980
division, if the parole board determines that a period of6981
post-release control is necessary.6982

       (G) If a person is convicted of or pleads guilty to a6983
sexually violent offense and also is convicted of or pleads guilty6984
to a sexually violent predator specification that was included in6985
the indictment, count in the indictment, or information charging6986
that offense, the court shall impose sentence upon the offender in6987
accordance with section 2971.03 of the Revised Code, and Chapter6988
2971. of the Revised Code applies regarding the prison term or6989
term of life imprisonment without parole imposed upon the offender6990
and the service of that term of imprisonment.6991

       (H) If a person who has been convicted of or pleaded guilty6992
to a felony is sentenced to a prison term or term of imprisonment6993
under this section, sections 2929.02 to 2929.06 of the Revised6994
Code, section 2971.03 of the Revised Code, or any other provision6995
of law, section 5120.163 of the Revised Code applies regarding the6996
person while the person is confined in a state correctional6997
institution.6998

       (I) If an offender who is convicted of or pleads guilty to a6999
felony that is an offense of violence also is convicted of or7000
pleads guilty to a specification of the type described in section7001
2941.142 of the Revised Code that charges the offender with having7002
committed the felony while participating in a criminal gang, the7003
court shall impose upon the offender an additional prison term of7004
one, two, or three years.7005

       (J) If an offender who is convicted of or pleads guilty to7006
aggravated murder, murder, or a felony of the first, second, or7007
third degree that is an offense of violence also is convicted of7008
or pleads guilty to a specification of the type described in7009
section 2941.143 of the Revised Code that charges the offender7010
with having committed the offense in a school safety zone or7011
towards a person in a school safety zone, the court shall impose7012
upon the offender an additional prison term of two years. The7013
offender shall serve the additional two years consecutively to and7014
prior to the prison term imposed for the underlying offense.7015

       (K) At the time of sentencing, the court shall determine if7016
an offender is eligible for placement in a program of shock7017
incarceration under section 5120.031 of the Revised Code or is7018
eligible for placement in an intensive program prison under7019
section 5120.032 of the Revised Code. The court may recommend the7020
offender for placement in a program of shock incarceration, if7021
eligible, or for placement in an intensive program prison, if7022
eligible, disapprove placement of the offender in a program of7023
shock incarceration or in an intensive program prison, regardless7024
of eligibility, or make no recommendation on placement of the7025
offender.7026

       If the court disapproves placement of the offender in a7027
program or prison of that nature, the department of rehabilitation7028
and correction shall not place the offender in any program of7029
shock incarceration or intensive program prison.7030

       If the court approves placement of the offender in a program7031
of shock incarceration or in an intensive program prison, the7032
department shall notify the court if the offender is subsequently7033
placed in the recommended program or prison and shall include with7034
the notice a brief description of the placement.7035

       If the court approves placement of the offender in a program7036
of shock incarceration or in an intensive program prison and the7037
department does not subsequently place the offender in the7038
recommended program or prison, the department shall send a notice7039
to the court indicating why the offender was not placed in the7040
recommended program or prison.7041

       If the court does not make a recommendation under this7042
division with respect to an eligible offender, the department7043
shall screen the offender and determine if there is an available7044
program of shock incarceration or an intensive program prison for7045
which the offender is suited. If there is an available program of7046
shock incarceration or an intensive program prison for which the7047
offender is suited, the department shall notify the court of the7048
proposed placement of the offender and shall include with the7049
notice a brief description of the placement. The court shall have7050
ten days from receipt of the notice to disapprove the placement.7051

       Sec. 2929.15.  (A)(1) If in sentencing an offender for a7052
felony the court is not required to impose a prison term, a7053
mandatory prison term, or a term of life imprisonment upon the7054
offender, the court may directly impose a sentence that consists7055
of one or more community control sanctions authorized pursuant to7056
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the7057
court is sentencing an offender for a fourth degree felony OMVI7058
OVI offense under division (G)(1) of section 2929.13 of the7059
Revised Code, in addition to the mandatory term of local7060
incarceration imposed under that division and the mandatory fine7061
required by division (B)(3) of section 2929.18 of the Revised7062
Code, the court may impose upon the offender a community control7063
sanction or combination of community control sanctions in7064
accordance with sections 2929.16 and 2929.17 of the Revised Code. 7065
The duration of all community control sanctions imposed upon an7066
offender under this division shall not exceed five years. If the7067
offender absconds or otherwise leaves the jurisdiction of the7068
court in which the offender resides without obtaining permission7069
from the court or the offender's probation officer to leave the7070
jurisdiction of the court, or if the offender is confined in any7071
institution for the commission of any offense while under a7072
community control sanction, the period of the community control7073
sanction ceases to run until the offender is brought before the7074
court for its further action. If the court sentences the offender7075
to one or more nonresidential sanctions under section 2929.17 of7076
the Revised Code, the court shall impose as a condition of the7077
nonresidential sanctions that, during the period of the sanctions,7078
the offender must abide by the law and must not leave the state7079
without the permission of the court or the offender's probation7080
officer. The court may impose any other conditions of release7081
under a community control sanction that the court considers7082
appropriate, including, but not limited to, requiring that the7083
offender not ingest or be injected with a drug of abuse and submit7084
to random drug testing as provided in division (D) of this section7085
to determine whether the offender ingested or was injected with a7086
drug of abuse and requiring that the results of the drug test7087
indicate that the offender did not ingest or was not injected with7088
a drug of abuse. If the court is sentencing an offender for a7089
third or fourth degree felony OMVIOVI offense under division7090
(G)(2) of section 2929.13 of the Revised Code, the court shall not7091
impose upon the offender any community control sanction or7092
combination of community control sanctions under section 2929.167093
or 2929.17 of the Revised Code.7094

       (2)(a) If a court sentences an offender to any community7095
control sanction or combination of community control sanctions7096
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the7097
Revised Code, the court shall place the offender under the general7098
control and supervision of a department of probation in the county7099
that serves the court for purposes of reporting to the court a7100
violation of any condition of the sanctions, any condition of7101
release under a community control sanction imposed by the court, a7102
violation of law, or the departure of the offender from this state7103
without the permission of the court or the offender's probation7104
officer. Alternatively, if the offender resides in another county7105
and a county department of probation has been established in that7106
county or that county is served by a multicounty probation7107
department established under section 2301.27 of the Revised Code,7108
the court may request the court of common pleas of that county to7109
receive the offender into the general control and supervision of7110
that county or multicounty department of probation for purposes of7111
reporting to the court a violation of any condition of the7112
sanctions,, any condition of release under a community control7113
sanction imposed by the court, a violation of law, or the7114
departure of the offender from this state without the permission7115
of the court or the offender's probation officer, subject to the7116
jurisdiction of the trial judge over and with respect to the7117
person of the offender, and to the rules governing that department7118
of probation.7119

       If there is no department of probation in the county that7120
serves the court, the court shall place the offender, regardless7121
of the offender's county of residence, under the general control7122
and supervision of the adult parole authority for purposes of7123
reporting to the court a violation of any of the sanctions, any7124
condition of release under a community control sanction imposed by7125
the court, a violation of law, or the departure of the offender7126
from this state without the permission of the court or the7127
offender's probation officer.7128

       (b) If the court imposing sentence upon an offender7129
sentences the offender to any community control sanction or7130
combination of community control sanctions authorized pursuant to7131
section 2929.16, 2929.17, or 2929.18 of the Revised Code, and if7132
the offender violates any condition of the sanctions, any7133
condition of release under a community control sanction imposed by7134
the court, violates any law, or departs the state without the7135
permission of the court or the offender's probation officer, the7136
public or private person or entity that operates or administers7137
the sanction or the program or activity that comprises the7138
sanction shall report the violation or departure directly to the7139
sentencing court, or shall report the violation or departure to7140
the county or multicounty department of probation with general7141
control and supervision over the offender under division (A)(2)(a)7142
of this section or the officer of that department who supervises7143
the offender, or, if there is no such department with general7144
control and supervision over the offender under that division, to7145
the adult parole authority. If the public or private person or7146
entity that operates or administers the sanction or the program or7147
activity that comprises the sanction reports the violation or7148
departure to the county or multicounty department of probation or7149
the adult parole authority, the department's or authority's7150
officers may treat the offender as if the offender were on7151
probation and in violation of the probation, and shall report the7152
violation of the condition of the sanction, any condition of7153
release under a community control sanction imposed by the court,7154
the violation of law, or the departure from the state without the7155
required permission to the sentencing court.7156

       (B) If the conditions of a community control sanction are7157
violated or if the offender violates a law or leaves the state7158
without the permission of the court or the offender's probation7159
officer, the sentencing court may impose a longer time under the7160
same sanction if the total time under the sanctions does not7161
exceed the five-year limit specified in division (A) of this7162
section, may impose a more restrictive sanction under section7163
2929.16, 2929.17, or 2929.18 of the Revised Code, or may impose a7164
prison term on the offender pursuant to section 2929.14 of the7165
Revised Code. The prison term, if any, imposed upon a violator7166
pursuant to this division shall be within the range of prison7167
terms available for the offense for which the sanction that was7168
violated was imposed and shall not exceed the prison term7169
specified in the notice provided to the offender at the sentencing7170
hearing pursuant to division (B)(3) of section 2929.19 of the7171
Revised Code. The court may reduce the longer period of time that7172
the offender is required to spend under the longer sanction, the7173
more restrictive sanction, or a prison term imposed pursuant to7174
this division by the time the offender successfully spent under7175
the sanction that was initially imposed.7176

       (C) If an offender, for a significant period of time,7177
fulfills the conditions of a sanction imposed pursuant to section7178
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary7179
manner, the court may reduce the period of time under the sanction7180
or impose a less restrictive sanction, but the court shall not7181
permit the offender to violate any law or permit the offender to7182
leave the state without the permission of the court or the7183
offender's probation officer.7184

       (D)(1) If a court under division (A)(1) of this section7185
imposes a condition of release under a community control sanction7186
that requires the offender to submit to random drug testing, the7187
department of probation or the adult parole authority that has7188
general control and supervision of the offender under division7189
(A)(2)(a) of this section may cause the offender to submit to7190
random drug testing performed by a laboratory or entity that has7191
entered into a contract with any of the governmental entities or7192
officers authorized to enter into a contract with that laboratory7193
or entity under section 341.26, 753.33, or 5120.63 of the Revised7194
Code.7195

       (2) If no laboratory or entity described in division (D)(1)7196
of this section has entered into a contract as specified in that7197
division, the department of probation or the adult parole7198
authority that has general control and supervision of the offender7199
under division (A)(2)(a) of this section shall cause the offender7200
to submit to random drug testing performed by a reputable public7201
laboratory to determine whether the individual who is the subject7202
of the drug test ingested or was injected with a drug of abuse.7203

       (3) A laboratory or entity that has entered into a contract7204
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code7205
shall perform the random drug tests under division (D)(1) of this7206
section in accordance with the applicable standards that are7207
included in the terms of that contract. A public laboratory shall7208
perform the random drug tests under division (D)(2) of this7209
section in accordance with the standards set forth in the policies7210
and procedures established by the department of rehabilitation and7211
correction pursuant to section 5120.63 of the Revised Code. An7212
offender who is required under division (A)(1) of this section to7213
submit to random drug testing as a condition of release under a7214
community control sanction and whose test results indicate that7215
the offender ingested or was injected with a drug of abuse shall7216
pay the fee for the drug test if the department of probation or7217
the adult parole authority that has general control and7218
supervision of the offender requires payment of a fee. A7219
laboratory or entity that performs the random drug testing on an7220
offender under division (D)(1) or (2) of this section shall7221
transmit the results of the drug test to the appropriate7222
department of probation or the adult parole authority that has7223
general control and supervision of the offender under division7224
(A)(2)(a) of this section.7225

       Sec. 2929.16.  (A) The court imposing a sentence for a7226
felony upon an offender who is not required to serve a mandatory7227
prison term may impose any community residential sanction or7228
combination of community residential sanctions under this section.7229
The court imposing a sentence for a fourth degree felony OMVIOVI7230
offense under division (G)(1) of section 2929.13 of the Revised7231
Code may impose upon the offender, in addition to the mandatory7232
term of local incarceration imposed under that division, a7233
community residential sanction or combination of community7234
residential sanctions under this section, and the offender shall7235
serve or satisfy the sanction or combination of sanctions after7236
the offender has served the mandatory term of local incarceration7237
required for the offense. Community residential sanctions7238
include, but are not limited to, the following:7239

       (1) A term of up to six months at a community-based7240
correctional facility that serves the county;7241

       (2) Except as otherwise provided in division (A)(3) of this7242
section and subject to division (D) of this section, a term of up7243
to six months in a jail;7244

       (3) If the offender is convicted of a fourth degree felony7245
OMVIOVI offense and is sentenced under division (G)(1) of section7246
2929.13 of the Revised Code, subject to division (D) of this7247
section, a term of up to one year in a jail less the mandatory7248
term of local incarceration of sixty or one hundred twenty7249
consecutive days of imprisonment imposed pursuant to that7250
division;7251

       (4) A term in a halfway house;7252

       (5) A term in an alternative residential facility.7253

       (B) The court that assigns any offender convicted of a7254
felony to a residential sanction under this section may authorize7255
the offender to be released so that the offender may seek or7256
maintain employment, receive education or training, or receive7257
treatment. A release pursuant to this division shall be only for7258
the duration of time that is needed to fulfill the purpose of the7259
release and for travel that reasonably is necessary to fulfill the7260
purposes of the release.7261

       (C) If the court assigns an offender to a county jail that7262
is not a minimum security misdemeanant jail in a county that has7263
established a county jail industry program pursuant to section7264
5147.30 of the Revised Code, the court shall specify, as part of7265
the sentence, whether the sheriff of that county may consider the7266
offender for participation in the county jail industry program.7267
During the offender's term in the county jail, the court shall7268
retain jurisdiction to modify its specification upon a7269
reassessment of the offender's qualifications for participation in7270
the program.7271

       (D) If a court sentences an offender to a term in jail under7272
division (A)(2) or (3) of this section and if the sentence is7273
imposed for a felony of the fourth or fifth degree that is not an7274
offense of violence, the court may specify that it prefers that7275
the offender serve the term in a minimum security jail established7276
under section 341.34 or 753.21 of the Revised Code. If the court7277
includes a specification of that type in the sentence and if the7278
administrator of the appropriate minimum security jail or the7279
designee of that administrator classifies the offender in7280
accordance with section 341.34 or 753.21 of the Revised Code as a7281
minimal security risk, the offender shall serve the term in the7282
minimum security jail established under section 341.34 or 753.217283
of the Revised Code. Absent a specification of that type and a7284
finding of that type, the offender shall serve the term in a jail7285
other than a minimum security jail established under section7286
341.34 or 753.21 of the Revised Code.7287

       (E) If a person who has been convicted of or pleaded guilty7288
to a felony is sentenced to a community residential sanction as7289
described in division (A) of this section, at the time of7290
reception and at other times the person in charge of the operation7291
of the community-based correctional facility, jail, halfway house,7292
alternative residential facility, or other place at which the7293
offender will serve the residential sanction determines to be7294
appropriate, the person in charge of the operation of the7295
community-based correctional facility, jail, halfway house,7296
alternative residential facility, or other place may cause the7297
convicted offender to be examined and tested for tuberculosis, HIV7298
infection, hepatitis, including but not limited to hepatitis A, B,7299
and C, and other contagious diseases. The person in charge of the7300
operation of the community-based correctional facility, jail,7301
halfway house, alternative residential facility, or other place at7302
which the offender will serve the residential sanction may cause a7303
convicted offender in the community-based correctional facility,7304
jail, halfway house, alternative residential facility, or other7305
place who refuses to be tested or treated for tuberculosis, HIV7306
infection, hepatitis, including but not limited to hepatitis A, B,7307
and C, or another contagious disease to be tested and treated7308
involuntarily.7309

       Sec. 2929.17.  The court imposing a sentence for a felony7310
upon an offender who is not required to serve a mandatory prison7311
term may impose any nonresidential sanction or combination of7312
nonresidential sanctions authorized under this section. If the7313
court imposes one or more nonresidential sanctions authorized7314
under this section, the court shall impose as a condition of the7315
sanction that, during the period of the nonresidential sanction,7316
the offender shall abide by the law and shall not leave the state7317
without the permission of the court or the offender's probation7318
officer.7319

       The court imposing a sentence for a fourth degree felony OMVI7320
OVI offense under division (G)(1) of section 2929.13 of the7321
Revised Code may impose upon the offender, in addition to the7322
mandatory term of local incarceration imposed under that division,7323
a nonresidential sanction or combination of nonresidential7324
sanctions under this section, and the offender shall serve or7325
satisfy the sanction or combination of sanctions after the7326
offender has served the mandatory term of local incarceration7327
required for the offense. Nonresidential sanctions include, but7328
are not limited to, the following:7329

       (A) A term of day reporting;7330

       (B) A term of electronically monitored house arrest, a term7331
of electronic monitoring without house arrest, or a term of house7332
arrest without electronic monitoring;7333

       (C) A term of community service of up to five hundred hours7334
pursuant to division (F) of section 2951.02 of the Revised Code7335
or, if the court determines that the offender is financially7336
incapable of fulfilling a financial sanction described in section7337
2929.18 of the Revised Code, a term of community service as an7338
alternative to a financial sanction;7339

       (D) A term in a drug treatment program with a level of7340
security for the offender as determined necessary by the court;7341

       (E) A term of intensive probation supervision;7342

       (F) A term of basic probation supervision;7343

       (G) A term of monitored time;7344

       (H) A term of drug and alcohol use monitoring, including7345
random drug testing pursuant to section 2951.05 of the Revised7346
Code;7347

       (I) A curfew term;7348

       (J) A requirement that the offender obtain employment;7349

       (K) A requirement that the offender obtain education or7350
training;7351

       (L) Provided the court obtains the prior approval of the7352
victim, a requirement that the offender participate in7353
victim-offender mediation;7354

       (M) A license violation report;7355

       (N) If the offense is a violation of section 2919.25 or a7356
violation of section 2903.11, 2903.12, or 2903.13 of the Revised7357
Code involving a person who was a family or household member at7358
the time of the violation, if the offender committed the offense7359
in the vicinity of one or more children who are not victims of the7360
offense, and if the offender or the victim of the offense is a7361
parent, guardian, custodian, or person in loco parentis of one or7362
more of those children, a requirement that the offender obtain7363
counseling. This division does not limit the court in requiring7364
the offender to obtain counseling for any offense or in any7365
circumstance not specified in this division.7366

       Sec. 2929.18.  (A) Except as otherwise provided in this7367
division and in addition to imposing court costs pursuant to7368
section 2947.23 of the Revised Code, the court imposing a sentence7369
upon an offender for a felony may sentence the offender to any7370
financial sanction or combination of financial sanctions7371
authorized under this section or, in the circumstances specified7372
in section 2929.25 of the Revised Code, may impose upon the7373
offender a fine in accordance with that section. If the offender7374
is sentenced to a sanction of confinement pursuant to section7375
2929.14 or 2929.16 of the Revised Code that is to be served in a7376
facility operated by a board of county commissioners, a7377
legislative authority of a municipal corporation, or another7378
governmental entity, the court imposing sentence upon an offender7379
for a felony shall comply with division (A)(4)(b) of this section7380
in determining whether to sentence the offender to a financial7381
sanction described in division (A)(4)(a) of this section.7382
Financial sanctions that may be imposed pursuant to this section7383
include, but are not limited to, the following:7384

       (1) Restitution by the offender to the victim of the7385
offender's crime or any survivor of the victim, in an amount based7386
on the victim's economic loss. The court shall order that the7387
restitution be made to the adult probation department that serves7388
the county on behalf of the victim, to the clerk of courts, or to7389
another agency designated by the court, except that it may include7390
a requirement that reimbursement be made to third parties for7391
amounts paid to or on behalf of the victim or any survivor of the7392
victim for economic loss resulting from the offense. If7393
reimbursement to third parties is required, the reimbursement7394
shall be made to any governmental agency to repay any amounts paid7395
by the agency to or on behalf of the victim or any survivor of the7396
victim for economic loss resulting from the offense before any7397
reimbursement is made to any person other than a governmental7398
agency. If no governmental agency incurred expenses for economic7399
loss of the victim or any survivor of the victim resulting from7400
the offense, the reimbursement shall be made to any person other7401
than a governmental agency to repay amounts paid by that person to7402
or on behalf of the victim or any survivor of the victim for7403
economic loss of the victim resulting from the offense. The court7404
shall not require an offender to repay an insurance company for7405
any amounts the company paid on behalf of the offender pursuant to7406
a policy of insurance. At sentencing, the court shall determine7407
the amount of restitution to be made by the offender. All7408
restitution payments shall be credited against any recovery of7409
economic loss in a civil action brought by the victim or any7410
survivor of the victim against the offender.7411

       (2) Except as provided in division (B)(1), (3), or (4) of7412
this section, a fine payable by the offender to the state, to a7413
political subdivision, or as described in division (B)(2) of this7414
section to one or more law enforcement agencies, with the amount7415
of the fine based on a standard percentage of the offender's daily7416
income over a period of time determined by the court and based7417
upon the seriousness of the offense. A fine ordered under this7418
division shall not exceed the statutory fine amount authorized for7419
the level of the offense under division (A)(3) of this section.7420

       (3) Except as provided in division (B)(1), (3), or (4) of7421
this section, a fine payable by the offender to the state, to a7422
political subdivision when appropriate for a felony, or as7423
described in division (B)(2) of this section to one or more law7424
enforcement agencies, in the following amount:7425

       (a) For a felony of the first degree, not more than twenty7426
thousand dollars;7427

       (b) For a felony of the second degree, not more than fifteen7428
thousand dollars;7429

       (c) For a felony of the third degree, not more than ten7430
thousand dollars;7431

       (d) For a felony of the fourth degree, not more than five7432
thousand dollars;7433

       (e) For a felony of the fifth degree, not more than two7434
thousand five hundred dollars.7435

       (4)(a) Subject to division (A)(4)(b) of this section,7436
reimbursement by the offender of any or all of the costs of7437
sanctions incurred by the government, including the following:7438

       (i) All or part of the costs of implementing any community7439
control sanction;7440

       (ii) All or part of the costs of confinement under a7441
sanction imposed pursuant to section 2929.14 or 2929.16 of the7442
Revised Code, provided that the amount of reimbursement ordered7443
under this division shall not exceed the total amount of7444
reimbursement the offender is able to pay as determined at a7445
hearing and shall not exceed the actual cost of the confinement;7446

       (b) If the offender is sentenced to a sanction of7447
confinement pursuant to section 2929.14 or 2929.16 of the Revised7448
Code that is to be served in a facility operated by a board of7449
county commissioners, a legislative authority of a municipal7450
corporation, or another local governmental entity, one of the7451
following applies:7452

       (i) If, pursuant to section 307.93, 341.14, 341.19, 341.23,7453
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code,7454
the board, legislative authority, or other local governmental7455
entity requires prisoners convicted of an offense other than a7456
minor misdemeanor to reimburse the county, municipal corporation,7457
or other entity for its expenses incurred by reason of the7458
prisoner's confinement, the court shall impose a financial7459
sanction under division (A)(4)(a) of this section that requires7460
the offender to reimburse the county, municipal corporation, or7461
other local governmental entity for the cost of the confinement.7462
In addition, the court may impose any other financial sanction7463
under this section.7464

       (ii) If, pursuant to any section identified in division7465
(A)(4)(b)(i) of this section, the board, legislative authority, or7466
other local governmental entity has adopted a resolution or7467
ordinance specifying that prisoners convicted of felonies are not7468
required to reimburse the county, municipal corporation, or other7469
local governmental entity for its expenses incurred by reason of7470
the prisoner's confinement, the court shall not impose a financial7471
sanction under division (A)(4)(a) of this section that requires7472
the offender to reimburse the county, municipal corporation, or7473
other local governmental entity for the cost of the confinement,7474
but the court may impose any other financial sanction under this7475
section.7476

       (iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) of7477
this section applies, the court may impose, but is not required to7478
impose, any financial sanction under this section.7479

       (c) Reimbursement by the offender for costs pursuant to7480
section 2929.28 of the Revised Code.7481

       (B)(1) For a first, second, or third degree felony violation7482
of any provision of Chapter 2925., 3719., or 4729. of the Revised7483
Code, the sentencing court shall impose upon the offender a7484
mandatory fine of at least one-half of, but not more than, the7485
maximum statutory fine amount authorized for the level of the7486
offense pursuant to division (A)(3) of this section. If an7487
offender alleges in an affidavit filed with the court prior to7488
sentencing that the offender is indigent and unable to pay the7489
mandatory fine and if the court determines the offender is an7490
indigent person and is unable to pay the mandatory fine described7491
in this division, the court shall not impose the mandatory fine7492
upon the offender.7493

       (2) Any mandatory fine imposed upon an offender under7494
division (B)(1) of this section and any fine imposed upon an7495
offender under division (A)(2) or (3) of this section for any7496
fourth or fifth degree felony violation of any provision of7497
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid7498
to law enforcement agencies pursuant to division (F) of section7499
2925.03 of the Revised Code.7500

       (3) For a fourth degree felony OMVIOVI offense and for a7501
third degree felony OMVIOVI offense, the sentencing court shall7502
impose upon the offender a mandatory fine in the amount specified7503
in division (A)(4)(G)(1)(d) or (8)(e) of section 4511.994511.197504
of the Revised Code, whichever is applicable. The mandatory fine7505
so imposed shall be disbursed as provided in the division (A)(4)7506
or (8) of section 4511.99 of the Revised Codepursuant to which it7507
is imposed.7508

       (4) Notwithstanding any fine otherwise authorized or7509
required to be imposed under division (A)(2) or (3) or (B)(1) of7510
this section or section 2929.31 of the Revised Code for a7511
violation of section 2925.03 of the Revised Code, in addition to7512
any penalty or sanction imposed for that offense under section7513
2925.03 or sections 2929.11 to 2929.18 of the Revised Code and in7514
addition to the forfeiture of property in connection with the7515
offense as prescribed in sections 2925.42 to 2925.45 of the7516
Revised Code, the court that sentences an offender for a violation7517
of section 2925.03 of the Revised Code may impose upon the7518
offender a fine in addition to any fine imposed under division7519
(A)(2) or (3) of this section and in addition to any mandatory7520
fine imposed under division (B)(1) of this section. The fine7521
imposed under division (B)(4) of this section shall be used as7522
provided in division (H) of section 2925.03 of the Revised Code. A7523
fine imposed under division (B)(4) of this section shall not7524
exceed whichever of the following is applicable:7525

       (a) The total value of any personal or real property in7526
which the offender has an interest and that was used in the course7527
of, intended for use in the course of, derived from, or realized7528
through conduct in violation of section 2925.03 of the Revised7529
Code, including any property that constitutes proceeds derived7530
from that offense;7531

       (b) If the offender has no interest in any property of the7532
type described in division (B)(4)(a) of this section or if it is7533
not possible to ascertain whether the offender has an interest in7534
any property of that type in which the offender may have an7535
interest, the amount of the mandatory fine for the offense imposed7536
under division (B)(1) of this section or, if no mandatory fine is7537
imposed under division (B)(1) of this section, the amount of the7538
fine authorized for the level of the offense imposed under7539
division (A)(3) of this section.7540

       (5) Prior to imposing a fine under division (B)(4) of this7541
section, the court shall determine whether the offender has an7542
interest in any property of the type described in division7543
(B)(4)(a) of this section. Except as provided in division (B)(6)7544
or (7) of this section, a fine that is authorized and imposed7545
under division (B)(4) of this section does not limit or affect the7546
imposition of the penalties and sanctions for a violation of7547
section 2925.03 of the Revised Code prescribed under those7548
sections or sections 2929.11 to 2929.18 of the Revised Code and7549
does not limit or affect a forfeiture of property in connection7550
with the offense as prescribed in sections 2925.42 to 2925.45 of7551
the Revised Code.7552

       (6) If the sum total of a mandatory fine amount imposed for7553
a first, second, or third degree felony violation of section7554
2925.03 of the Revised Code under division (B)(1) of this section7555
plus the amount of any fine imposed under division (B)(4) of this7556
section does not exceed the maximum statutory fine amount7557
authorized for the level of the offense under division (A)(3) of7558
this section or section 2929.31 of the Revised Code, the court may7559
impose a fine for the offense in addition to the mandatory fine7560
and the fine imposed under division (B)(4) of this section. The7561
sum total of the amounts of the mandatory fine, the fine imposed7562
under division (B)(4) of this section, and the additional fine7563
imposed under division (B)(6) of this section shall not exceed the7564
maximum statutory fine amount authorized for the level of the7565
offense under division (A)(3) of this section or section 2929.317566
of the Revised Code. The clerk of the court shall pay any fine7567
that is imposed under division (B)(6) of this section to the7568
county, township, municipal corporation, park district as created7569
pursuant to section 511.18 or 1545.04 of the Revised Code, or7570
state law enforcement agencies in this state that primarily were7571
responsible for or involved in making the arrest of, and in7572
prosecuting, the offender pursuant to division (F) of section7573
2925.03 of the Revised Code.7574

       (7) If the sum total of the amount of a mandatory fine7575
imposed for a first, second, or third degree felony violation of7576
section 2925.03 of the Revised Code plus the amount of any fine7577
imposed under division (B)(4) of this section exceeds the maximum7578
statutory fine amount authorized for the level of the offense7579
under division (A)(3) of this section or section 2929.31 of the7580
Revised Code, the court shall not impose a fine under division7581
(B)(6) of this section.7582

       (C)(1) The offender shall pay reimbursements imposed upon7583
the offender pursuant to division (A)(4)(a) of this section to pay7584
the costs incurred by the department of rehabilitation and7585
correction in operating a prison or other facility used to confine7586
offenders pursuant to sanctions imposed under section 2929.14 or7587
2929.16 of the Revised Code to the treasurer of state. The7588
treasurer of state shall deposit the reimbursements in the7589
confinement cost reimbursement fund that is hereby created in the7590
state treasury. The department of rehabilitation and correction7591
shall use the amounts deposited in the fund to fund the operation7592
of facilities used to confine offenders pursuant to sections7593
2929.14 and 2929.16 of the Revised Code.7594

       (2) Except as provided in section 2951.021 of the Revised7595
Code, the offender shall pay reimbursements imposed upon the7596
offender pursuant to division (A)(4)(a) of this section to pay the7597
costs incurred by a county pursuant to any sanction imposed under7598
this section or section 2929.16 or 2929.17 of the Revised Code or7599
in operating a facility used to confine offenders pursuant to a7600
sanction imposed under section 2929.16 of the Revised Code to the7601
county treasurer. The county treasurer shall deposit the7602
reimbursements in the sanction cost reimbursement fund that each7603
board of county commissioners shall create in its county treasury.7604
The county shall use the amounts deposited in the fund to pay the7605
costs incurred by the county pursuant to any sanction imposed7606
under this section or section 2929.16 or 2929.17 of the Revised7607
Code or in operating a facility used to confine offenders pursuant7608
to a sanction imposed under section 2929.16 of the Revised Code.7609

       (3) Except as provided in section 2951.021 of the Revised7610
Code, the offender shall pay reimbursements imposed upon the7611
offender pursuant to division (A)(4)(a) of this section to pay the7612
costs incurred by a municipal corporation pursuant to any sanction7613
imposed under this section or section 2929.16 or 2929.17 of the7614
Revised Code or in operating a facility used to confine offenders7615
pursuant to a sanction imposed under section 2929.16 of the7616
Revised Code to the treasurer of the municipal corporation. The7617
treasurer shall deposit the reimbursements in a special fund that7618
shall be established in the treasury of each municipal7619
corporation. The municipal corporation shall use the amounts7620
deposited in the fund to pay the costs incurred by the municipal7621
corporation pursuant to any sanction imposed under this section or7622
section 2929.16 or 2929.17 of the Revised Code or in operating a7623
facility used to confine offenders pursuant to a sanction imposed7624
under section 2929.16 of the Revised Code.7625

       (4) Except as provided in section 2951.021 of the Revised7626
Code, the offender shall pay reimbursements imposed pursuant to7627
division (A)(4)(a) of this section for the costs incurred by a7628
private provider pursuant to a sanction imposed under this section7629
or section 2929.16 or 2929.17 of the Revised Code to the provider.7630

       (D) A financial sanction imposed pursuant to division (A) or7631
(B) of this section is a judgment in favor of the state or a7632
political subdivision in which the court that imposed the7633
financial sanction is located, except that a financial sanction of7634
reimbursement imposed pursuant to division (A)(4)(a)(ii) of this7635
section upon an offender who is incarcerated in a state facility7636
or a municipal jail is a judgment in favor of the state or the7637
municipal corporation, a financial sanction of reimbursement7638
imposed upon an offender pursuant to this section for costs7639
incurred by a private provider of sanctions is a judgment in favor7640
of the private provider, and a financial sanction of restitution7641
imposed pursuant to this section is a judgment in favor of the7642
victim of the offender's criminal act. The offender subject to7643
the sanction is the judgment debtor. Imposition of a financial7644
sanction and execution on the judgment does not preclude any other7645
power of the court to impose or enforce sanctions on the offender.7646
Once the financial sanction is imposed as a judgment, the victim,7647
private provider, state, or political subdivision may bring an7648
action to do any of the following:7649

       (1) Obtain execution of the judgment through any available7650
procedure, including:7651

       (a) An execution against the property of the judgment debtor7652
under Chapter 2329. of the Revised Code;7653

       (b) An execution against the person of the judgment debtor7654
under Chapter 2331. of the Revised Code;7655

       (c) A proceeding in aid of execution under Chapter 2333. of7656
the Revised Code, including:7657

       (i) A proceeding for the examination of the judgment debtor7658
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.277659
of the Revised Code;7660

       (ii) A proceeding for attachment of the person of the7661
judgment debtor under section 2333.28 of the Revised Code;7662

       (iii) A creditor's suit under section 2333.01 of the Revised7663
Code.7664

       (d) The attachment of the property of the judgment debtor7665
under Chapter 2715. of the Revised Code;7666

       (e) The garnishment of the property of the judgment debtor7667
under Chapter 2716. of the Revised Code.7668

       (2) Obtain an order for the assignment of wages of the7669
judgment debtor under section 1321.33 of the Revised Code.7670

       (E) A court that imposes a financial sanction upon an7671
offender may hold a hearing if necessary to determine whether the7672
offender is able to pay the sanction or is likely in the future to7673
be able to pay it.7674

       (F) Each court imposing a financial sanction upon an7675
offender under this section or under section 2929.25 of the7676
Revised Code may designate a court employee to collect, or may7677
enter into contracts with one or more public agencies or private7678
vendors for the collection of, amounts due under the financial7679
sanction imposed pursuant to this section or section 2929.25 of7680
the Revised Code. Before entering into a contract for the7681
collection of amounts due from an offender pursuant to any7682
financial sanction imposed pursuant to this section or section7683
2929.25 of the Revised Code, a court shall comply with sections7684
307.86 to 307.92 of the Revised Code.7685

       (G) If a court that imposes a financial sanction under7686
division (A) or (B) of this section finds that an offender7687
satisfactorily has completed all other sanctions imposed upon the7688
offender and that all restitution that has been ordered has been7689
paid as ordered, the court may suspend any financial sanctions7690
imposed pursuant to this section or section 2929.25 of the Revised7691
Code that have not been paid.7692

       (H) No financial sanction imposed under this section or7693
section 2929.25 of the Revised Code shall preclude a victim from7694
bringing a civil action against the offender.7695

       Sec. 2929.19.  (A)(1) The court shall hold a sentencing7696
hearing before imposing a sentence under this chapter upon an7697
offender who was convicted of or pleaded guilty to a felony and7698
before resentencing an offender who was convicted of or pleaded7699
guilty to a felony and whose case was remanded pursuant to section7700
2953.07 or 2953.08 of the Revised Code. At the hearing, the7701
offender, the prosecuting attorney, the victim or the victim's7702
representative in accordance with section 2930.14 of the Revised7703
Code, and, with the approval of the court, any other person may7704
present information relevant to the imposition of sentence in the7705
case. The court shall inform the offender of the verdict of the7706
jury or finding of the court and ask the offender whether the7707
offender has anything to say as to why sentence should not be7708
imposed upon the offender.7709

       (2) Except as otherwise provided in this division, before7710
imposing sentence on an offender who is being sentenced for a7711
sexually oriented offense that was committed on or after January7712
1, 1997, and that is not a sexually violent offense, and before7713
imposing sentence on an offender who is being sentenced for a7714
sexually violent offense committed on or after January 1, 1997,7715
and who was not charged with a sexually violent predator7716
specification in the indictment, count in the indictment, or7717
information charging the sexually violent offense, the court shall7718
conduct a hearing in accordance with division (B) of section7719
2950.09 of the Revised Code to determine whether the offender is a7720
sexual predator. The court shall not conduct a hearing under that7721
division if the offender is being sentenced for a sexually violent7722
offense and a sexually violent predator specification was included7723
in the indictment, count in the indictment, or information7724
charging the sexually violent offense. Before imposing sentence7725
on an offender who is being sentenced for a sexually oriented7726
offense, the court also shall comply with division (E) of section7727
2950.09 of the Revised Code.7728

       (B)(1) At the sentencing hearing, the court, before imposing7729
sentence, shall consider the record, any information presented at7730
the hearing by any person pursuant to division (A) of this7731
section, and, if one was prepared, the presentence investigation7732
report made pursuant to section 2951.03 of the Revised Code or7733
Criminal Rule 32.2, and any victim impact statement made pursuant7734
to section 2947.051 of the Revised Code.7735

       (2) The court shall impose a sentence and shall make a7736
finding that gives its reasons for selecting the sentence imposed7737
in any of the following circumstances:7738

       (a) Unless the offense is a sexually violent offense for7739
which the court is required to impose sentence pursuant to7740
division (G) of section 2929.14 of the Revised Code, if it imposes7741
a prison term for a felony of the fourth or fifth degree or for a7742
felony drug offense that is a violation of a provision of Chapter7743
2925. of the Revised Code and that is specified as being subject7744
to division (B) of section 2929.13 of the Revised Code for7745
purposes of sentencing, its reasons for imposing the prison term,7746
based upon the overriding purposes and principles of felony7747
sentencing set forth in section 2929.11 of the Revised Code, and7748
any factors listed in divisions (B)(1)(a) to (i) of section7749
2929.13 of the Revised Code that it found to apply relative to the7750
offender.7751

       (b) If it does not impose a prison term for a felony of the7752
first or second degree or for a felony drug offense that is a7753
violation of a provision of Chapter 2925. of the Revised Code and7754
for which a presumption in favor of a prison term is specified as7755
being applicable, its reasons for not imposing the prison term and7756
for overriding the presumption, based upon the overriding purposes7757
and principles of felony sentencing set forth in section 2929.117758
of the Revised Code, and the basis of the findings it made under7759
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.7760

       (c) If it imposes consecutive sentences under section7761
2929.14 of the Revised Code, its reasons for imposing the7762
consecutive sentences;7763

       (d) If the sentence is for one offense and it imposes a7764
prison term for the offense that is the maximum prison term7765
allowed for that offense by division (A) of section 2929.14 of the7766
Revised Code, its reasons for imposing the maximum prison term;7767

       (e) If the sentence is for two or more offenses arising out7768
of a single incident and it imposes a prison term for those7769
offenses that is the maximum prison term allowed for the offense7770
of the highest degree by division (A) of section 2929.14 of the7771
Revised Code, its reasons for imposing the maximum prison term.7772

       (3) Subject to division (B)(4) of this section, if the7773
sentencing court determines at the sentencing hearing that a7774
prison term is necessary or required, the court shall do all of7775
the following:7776

       (a) Impose a stated prison term;7777

       (b) Notify the offender that, as part of the sentence, the7778
parole board may extend the stated prison term for certain7779
violations of prison rules for up to one-half of the stated prison7780
term;7781

       (c) Notify the offender that the offender will be supervised7782
under section 2967.28 of the Revised Code after the offender7783
leaves prison if the offender is being sentenced for a felony of7784
the first degree or second degree, for a felony sex offense, or7785
for a felony of the third degree in the commission of which the7786
offender caused or threatened to cause physical harm to a person;7787

       (d) Notify the offender that the offender may be supervised7788
under section 2967.28 of the Revised Code after the offender7789
leaves prison if the offender is being sentenced for a felony of7790
the third, fourth, or fifth degree that is not subject to division7791
(B)(3)(c) of this section;7792

       (e) Notify the offender that, if a period of supervision is7793
imposed following the offender's release from prison, as described7794
in division (B)(3)(c) or (d) of this section, and if the offender7795
violates that supervision or a condition of post-release control7796
imposed under division (B) of section 2967.131 of the Revised7797
Code, the parole board may impose a prison term, as part of the7798
sentence, of up to one-half of the stated prison term originally7799
imposed upon the offender;7800

       (f) Require that the offender not ingest or be injected with7801
a drug of abuse and submit to random drug testing as provided in7802
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever7803
is applicable to the offender who is serving a prison term, and7804
require that the results of the drug test administered under any7805
of those sections indicate that the offender did not ingest or was7806
not injected with a drug of abuse.7807

       (4) If the offender is being sentenced for a sexually7808
violent offense that the offender committed on or after January 1,7809
1997, and the offender also is convicted of or pleads guilty to a7810
sexually violent predator specification that was included in the7811
indictment, count in the indictment, or information charging the7812
sexually violent offense or if the offender is being sentenced for7813
a sexually oriented offense that the offender committed on or7814
after January 1, 1997, and the court imposing the sentence has7815
determined pursuant to division (B) of section 2950.09 of the7816
Revised Code that the offender is a sexual predator, the court7817
shall include in the offender's sentence a statement that the7818
offender has been adjudicated as being a sexual predator and shall7819
comply with the requirements of section 2950.03 of the Revised7820
Code. Additionally, in the circumstances described in division7821
(G) of section 2929.14 of the Revised Code, the court shall impose7822
sentence on the offender as described in that division.7823

       (5) If the sentencing court determines at the sentencing7824
hearing that a community control sanction should be imposed and7825
the court is not prohibited from imposing a community control7826
sanction, the court shall impose a community control sanction. The7827
court shall notify the offender that, if the conditions of the7828
sanction are violated, if the offender commits a violation of any7829
law, or if the offender leaves this state without the permission7830
of the court or the offender's probation officer, the court may7831
impose a longer time under the same sanction, may impose a more7832
restrictive sanction, or may impose a prison term on the offender7833
and shall indicate the specific prison term that may be imposed as7834
a sanction for the violation, as selected by the court from the7835
range of prison terms for the offense pursuant to section 2929.147836
of the Revised Code.7837

       (6) Before imposing a financial sanction under section7838
2929.18 of the Revised Code or a fine under section 2929.25 of the7839
Revised Code, the court shall consider the offender's present and7840
future ability to pay the amount of the sanction or fine.7841

       (C)(1) If the offender is being sentenced for a fourth7842
degree felony OMVIOVI offense under division (G)(1) of section7843
2929.13 of the Revised Code, the court shall impose the mandatory7844
term of local incarceration in accordance with that division,7845
shall impose a mandatory fine in accordance with division (B)(3)7846
of section 2929.18 of the Revised Code, and, in addition, may7847
impose additional sanctions as specified in sections 2929.15,7848
2929.16, 2929.17, and 2929.18 of the Revised Code. The court7849
shall not impose a prison term on the offender.7850

       (2) If the offender is being sentenced for a third or fourth7851
degree felony OMVIOVI offense under division (G)(2) of section7852
2929.13 of the Revised Code, the court shall impose the mandatory7853
prison term in accordance with that division, shall impose a7854
mandatory fine in accordance with division (B)(3) of section7855
2929.18 of the Revised Code, and, in addition, may impose an7856
additional prison term as specified in section 2929.14 of the7857
Revised Code. The court shall not impose any community control7858
sanction on the offender.7859

       (D) If the sentencing court determines at the sentencing7860
hearing that an offender is eligible for placement in a program of7861
shock incarceration under section 5120.031 of the Revised Code or7862
in an intensive program prison under section 5120.032 of the7863
Revised Code, the court, pursuant to division (K) of section7864
2929.14 of the Revised Code, may recommend placement of the7865
offender in a program of shock incarceration or an intensive7866
program prison, disapprove placement of the offender in a program7867
or prison of that nature, or make no recommendation. The court7868
shall make a finding that gives its reasons for its recommendation7869
or disapproval.7870

       Sec. 2929.23.  (A) As used in this section:7871

       (1) "Electronic monitoring device" means any of the7872
following:7873

       (a) Any device that can be operated by electrical or battery7874
power and that conforms with all of the following:7875

       (i) The device has a transmitter that can be attached to a7876
person, that will transmit a specified signal to a receiver of the7877
type described in division (A)(1)(a)(ii) of this section if the7878
transmitter is removed from the person, turned off, or altered in7879
any manner without prior court approval in relation to7880
electronically monitored house arrest or electronically monitored7881
house detention or without prior approval of the department of7882
rehabilitation and correction in relation to the use of an7883
electronic monitoring device for an inmate on transitional control7884
or otherwise is tampered with, that can transmit continuously and7885
periodically a signal to that receiver when the person is within a7886
specified distance from the receiver, and that can transmit an7887
appropriate signal to that receiver if the person to whom it is7888
attached travels a specified distance from that receiver.7889

       (ii) The device has a receiver that can receive continuously7890
the signals transmitted by a transmitter of the type described in7891
division (A)(1)(a)(i) of this section, can transmit continuously7892
those signals by telephone to a central monitoring computer of the7893
type described in division (A)(1)(a)(iii) of this section, and can7894
transmit continuously an appropriate signal to that central7895
monitoring computer if the receiver is turned off or altered7896
without prior court approval or otherwise tampered with.7897

       (iii) The device has a central monitoring computer that can7898
receive continuously the signals transmitted by telephone by a7899
receiver of the type described in division (A)(1)(a)(ii) of this7900
section and can monitor continuously the person to whom an7901
electronic monitoring device of the type described in division7902
(A)(1)(a) of this section is attached.7903

       (b) Any device that is not a device of the type described in7904
division (A)(1)(a) of this section and that conforms with all of7905
the following:7906

       (i) The device includes a transmitter and receiver that can7907
monitor and determine the location of a subject person at any7908
time, or at a designated point in time, through the use of a7909
central monitoring computer or through other electronic means;7910

       (ii) The device includes a transmitter and receiver that can7911
determine at any time, or at a designated point in time, through7912
the use of a central monitoring computer or other electronic means7913
the fact that the transmitter is turned off or altered in any7914
manner without prior approval of the court in relation to7915
electronically monitored house arrest or electronically monitored7916
house detention or without prior approval of the department of7917
rehabilitation and correction in relation to the use of an7918
electronic monitoring device for an inmate on transitional control7919
or otherwise is tampered with.7920

       (c) Any type of technology that can adequately track or7921
determine the location of a subject person at any time and that is7922
approved by the director of rehabilitation and correction,7923
including, but not limited to, any satellite technology, voice7924
tracking system, or retinal scanning system that is so approved.7925

       (2) "Certified electronic monitoring device" means an7926
electronic monitoring device that has been certified by the7927
superintendent of the bureau of criminal identification and7928
investigation pursuant to division (C)(1) of this section.7929

       (3) "Eligible offender" means a person who has been7930
convicted of or pleaded guilty to any offense, except that a7931
person is not an "eligible offender" if any of the following apply7932
in relation to the person, the offense, or the person and the7933
offense:7934

       (a) The person is subject to or is serving a term of life7935
imprisonment.7936

       (b) The person is subject to or is serving a mandatory7937
prison term imposed under division (F) of section 2929.13,7938
division (D) of section 2929.14, or any other section of the7939
Revised Code, provided that, after the person has served all of7940
the mandatory prison terms so imposed, the person may be an7941
eligible offender unless excluded by division (A)(3)(a), (c) or7942
(d) of this section.7943

       (c) The offense is a violation of division (A) of section7944
4511.19 of the Revised Codefourth degree felony OVI offense, and7945
the offender is sentenced for that offense pursuant to division7946
(G)(1) of section 2929.13 of the Revised Code and is serving the7947
mandatory term of local incarceration of sixty or one hundred7948
twenty consecutive days of imprisonment imposed under that7949
division, provided that, after the person has served all of the7950
mandatory term of local incarceration so imposed, the person may7951
be an eligible offender unless excluded by division (A)(3)(a),7952
(b), or (d) of this section.7953

       (d) The offense is a violation of division (A) of section7954
4511.19 of the Revised Codethird or fourth degree felony OVI7955
offense, and the person is sentenced for that offense pursuant to7956
division (G)(2) of section 2929.13 of the Revised Code.7957

       (4) "Electronically monitored house arrest" means a period7958
of confinement of an eligible offender in the eligible offender's7959
home or in other premises specified by the sentencing court or a7960
period of confinement of a delinquent child in the child's home or7961
in other premises specified by the juvenile court, during which7962
period of confinement all of the following apply:7963

       (a) The eligible offender or child wears, otherwise has7964
attached to the eligible offender's or child's person, or7965
otherwise is subject to monitoring by a certified electronic7966
monitoring device, or the eligible offender or child is subject to7967
monitoring by a certified electronic monitoring system;7968

       (b) The eligible offender or child is required to remain in7969
the eligible offender's or child's home or other premises7970
specified by the sentencing court or juvenile court for the7971
specified period of confinement, except for periods of time during7972
which the eligible offender or child is at the eligible offender's7973
place of employment, at school, or at other premises as authorized7974
by the sentencing court;7975

       (c) The eligible offender or child is subject to monitoring7976
by a central system that monitors the certified electronic7977
monitoring device that is attached to the eligible offender's or7978
child's person or that otherwise is being used to monitor the7979
eligible offender or child and that can monitor and determine the7980
eligible offender's or child's location at any time or at a7981
designated point in time, or the eligible offender or child is7982
required to participate in monitoring by a certified electronic7983
monitoring system;7984

       (d) The eligible offender or child is required by the7985
sentencing court or juvenile court to report periodically to a7986
person designated by the court;7987

       (e) The eligible offender or child is subject to any other7988
restrictions and requirements that may be imposed by the7989
sentencing court or juvenile court.7990

       (5) "Electronic monitoring system" means a system by which7991
the location of an eligible offender can be verified7992
telephonically through the use of voice-activated voice response7993
technology that conforms with all of the following:7994

       (a) It can be programmed to call the telephone or telephones7995
assigned to the eligible offender who is the subject of the7996
monitoring as often as necessary;7997

       (b) It is equipped with a voice recognition system that can7998
work accurately and reliably under the anticipated conditions in7999
which it will operate;8000

       (c) It is equipped to perform an alarm function if the8001
eligible offender who is the subject of monitoring does not8002
respond to system commands in the manner required.8003

       (6) "Certified electronic monitoring system" means an8004
electronic monitoring system that has been certified by the8005
superintendent of the bureau of criminal identification and8006
investigation pursuant to division (C)(1) of this section.8007

       (7) "Transitional control" means the program of transitional8008
control established by the department of rehabilitation and8009
correction under section 2967.26 of the Revised Code, if the8010
department establishes a program of that nature under that8011
section.8012

       (B)(1) Any court may impose as a sanction pursuant to8013
sections 2929.15 and 2929.17 of the Revised Code a period of8014
electronically monitored house arrest upon an eligible offender8015
who is convicted of or pleads guilty to a felony, except that the8016
total of any period of electronically monitored house arrest8017
imposed upon that eligible offender plus the period of all other8018
sanctions imposed upon the same eligible offender pursuant to8019
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised8020
Code shall not exceed five years. Any court may impose a period8021
of electronically monitored house arrest upon an eligible offender8022
who is convicted of or pleads guilty to a misdemeanor in addition8023
to or in lieu of any other sentence imposed or authorized for the8024
offense, except that the total of any period of electronically8025
monitored house arrest imposed upon that eligible offender plus8026
the period of any sentence of imprisonment imposed upon the same8027
eligible offender shall not exceed the maximum term of8028
imprisonment that could be imposed upon the eligible offender8029
pursuant to section 2929.21 of the Revised Code and except that,8030
if the offense for which an eligible offender is being sentenced8031
is a violation of division (A) of section 4511.19 or of division8032
(D)(2)(A) of section 4507.024510.14 of the Revised Code, the8033
court may impose a period of electronically monitored house arrest8034
upon the eligible offender only when authorized by and only in the8035
circumstances described in division (A)(G) of section 4511.998036
4511.19 or division (B)(C) of section 4507.994510.14 of the8037
Revised Code.8038

       If a court imposes a period of electronically monitored house8039
arrest upon an eligible offender, it shall require the eligible8040
offender to wear, otherwise have attached to the eligible8041
offender's person, or otherwise be subject to monitoring by a8042
certified electronic monitoring device or to participate in the8043
operation of and monitoring by a certified electronic monitoring8044
system; to remain in the eligible offender's home or other8045
specified premises for the entire period of electronically8046
monitored house arrest except when the court permits the eligible8047
offender to leave those premises to go to the eligible offender's8048
place of employment or to other specified premises; to be8049
monitored by a central system that monitors the certified8050
electronic monitoring device that is attached to the eligible8051
offender's person or that otherwise is being used to monitor the8052
eligible offender and that can monitor and determine the eligible8053
offender's location at any time or at a designated point in time8054
or to be monitored by the certified electronic monitoring system;8055
to report periodically to a person designated by the court; and,8056
in return for receiving a period of electronically monitored house8057
arrest, to enter into a written contract with the court agreeing8058
to comply with all restrictions and requirements imposed by the8059
court, agreeing to pay any fee imposed by the court for the costs8060
of the electronically monitored house arrest imposed by the court8061
pursuant to division (E) of this section, and agreeing to waive8062
the right to receive credit for any time served on electronically8063
monitored house arrest toward any prison term or sentence of8064
imprisonment imposed upon the eligible offender for the offense8065
for which the period of electronically monitored house arrest was8066
imposed if the eligible offender violates any of the restrictions8067
or requirements of the period of electronically monitored house8068
arrest, and additionally, it may impose any other reasonable8069
restrictions and requirements upon the eligible offender.8070

       (2) If an eligible offender violates any of the restrictions8071
or requirements imposed upon the eligible offender as part of the8072
eligible offender's period of electronically monitored house8073
arrest, the eligible offender shall not receive credit for any8074
time served on electronically monitored house arrest toward any8075
prison term or sentence of imprisonment imposed upon the eligible8076
offender for the offense for which the period of electronically8077
monitored house arrest was imposed.8078

       (C)(1) The superintendent of the bureau of criminal8079
identification and investigation, in accordance with this section8080
and rules adopted by the superintendent pursuant to division8081
(C)(2) of this section, shall certify for use in cases of8082
electronically monitored house arrest and in relation to an inmate8083
on transitional control specific types and brands of electronic8084
monitoring devices and electronic monitoring systems that comply8085
with the requirements of this section, section 5120.073 of the8086
Revised Code, and those rules. Any manufacturer that, pursuant to8087
this division, seeks to obtain the certification of any type or8088
brand of electronic monitoring device or electronic monitoring8089
system shall submit to the superintendent an application for8090
certification in accordance with those rules together with the8091
application fee and costs of certification as required by those8092
rules. The superintendent shall not certify any electronic8093
monitoring device or electronic monitoring system pursuant to this8094
division unless the application fee and costs have been paid to8095
the superintendent.8096

       (2) The superintendent, in accordance with Chapter 119. of8097
the Revised Code, shall adopt rules for certifying specific types8098
and brands of electronic monitoring devices and electronic8099
monitoring systems for use in electronically monitored house8100
arrest and in relation to an inmate on transitional control. The8101
rules shall set forth the requirements for obtaining the8102
certification, the application fee and other costs for obtaining8103
the certification, the procedure for applying for certification,8104
and any other requirements and procedures considered necessary by8105
the superintendent. The rules shall require that no type or brand8106
of electronic monitoring device or electronic monitoring system be8107
certified unless the type or brand of device or system complies8108
with whichever of the following is applicable, in addition to any8109
other requirements specified by the superintendent:8110

       (a) For electronic monitoring devices of the type described8111
in division (A)(1)(a) of this section, the type or brand of device8112
complies with all of the following:8113

       (i) It has a transmitter of the type described in division8114
(A)(1)(a)(i) of this section, a receiver of the type described in8115
division (A)(1)(a)(ii) of this section, and a central monitoring8116
computer of the type described in division (A)(1)(a)(iii) of this8117
section;8118

       (ii) Its transmitter can be worn by or attached to a person8119
with a minimum of discomfort during normal activities, is8120
difficult to remove, turn off, or otherwise alter without prior8121
court approval in relation to electronically monitored house8122
arrest or prior approval of the department of rehabilitation and8123
correction in relation to the use of an electronic monitoring8124
device for an inmate on transitional control, and will transmit a8125
specified signal to the receiver if it is removed, turned off,8126
altered, or otherwise tampered with;8127

       (iii) Its receiver is difficult to turn off or alter and8128
will transmit a signal to the central monitoring computer if it is8129
turned off, altered, or otherwise tampered with;8130

       (iv) Its central monitoring computer is difficult to8131
circumvent;8132

       (v) Its transmitter, receiver, and central monitoring8133
computer work accurately and reliably under the anticipated8134
conditions under which electronically monitored house arrest will8135
be imposed by courts or under which an electronic monitoring8136
device will be used by the department of rehabilitation and8137
correction in relation to an inmate on transitional control;8138

       (vi) It has a backup battery power supply that operates8139
automatically when the main source of electrical or battery power8140
for the device fails.8141

       (b) For electronic monitoring devices of the type described8142
in division (A)(1)(b) of this section, the type or brand of device8143
complies with all of the following:8144

       (i) It has a transmitter and receiver of the type described8145
in divisions (A)(1)(b)(i) and (ii) of this section.8146

       (ii) Its transmitter is difficult to turn off or alter8147
without prior court approval in relation to electronically8148
monitored house arrest or without prior approval of the8149
department of rehabilitation and correction in relation to the use8150
of an electronic monitoring device for an inmate on transitional8151
control, and, if the transmitter is turned off or altered in any8152
manner without prior approval of the court or department or8153
otherwise is tampered with, the fact that it has been turned off,8154
altered, or tampered with can be determined at any time, or at a8155
designated point in time, through the use of a central monitoring8156
computer or through other electronic means.8157

       (iii) Its receiver is difficult to turn off or alter, and,8158
if the receiver is turned off, altered, or otherwise tampered8159
with, the fact that it has been turned off, altered, or tampered8160
with can be determined at any time, or at a designated point in8161
time, through the use of a central monitoring computer or through8162
other electronic means.8163

       (iv) Its central monitoring computer or other means of8164
electronic monitoring is difficult to circumvent.8165

       (v) Its transmitter, receiver, and central monitoring8166
computer or other means of electronic monitoring work accurately8167
and reliably under the anticipated conditions under which8168
electronically monitored house arrest will be used, or under8169
which an electronic monitoring device will be used by the8170
department of rehabilitation and correction in relation to an8171
inmate on transitional control.8172

       (vi) If it operates on electrical or battery power, it has a8173
backup battery power supply that operates automatically when the8174
main source of electrical or battery power for the device fails,8175
or, if it does not operate on electrical or battery power, it has8176
a backup method of operation so that it will continue to operate8177
if its main method of operation fails.8178

       (c) For electronic monitoring systems, the type or brand of8179
system complies with all of the following:8180

       (i) It can be programmed to call the telephone or telephones8181
assigned to the person who is the subject of the monitoring as8182
often as necessary;8183

       (ii) It is equipped with a voice recognition system that can8184
work accurately and reliably under the anticipated conditions in8185
which it will operate;8186

       (iii) It is equipped to perform an alarm function if the8187
person who is the subject of the monitoring does not respond to8188
system commands in the manner required.8189

       (3) The superintendent shall publish and make available to8190
all courts and to the department of rehabilitation and correction,8191
without charge, a list of all types and brands of electronic8192
monitoring devices and electronic monitoring systems that have8193
been certified by the superintendent pursuant to division (C)(1)8194
of this section and information about the manufacturers of the8195
certified devices and systems and places at which the devices and8196
systems can be obtained.8197

       (D) The superintendent of the bureau of criminal8198
identification and investigation shall deposit all costs and fees8199
collected pursuant to division (C) of this section into the8200
general revenue fund.8201

       (E)(1) Each county in which is located a court that imposes8202
a period of electronically monitored house arrest as a sentencing8203
sanction or alternative may establish in the county treasury an8204
electronically monitored house arrest fund. The clerk of each8205
court that uses that sentencing sanction or alternative may8206
deposit into the fund all fees collected from eligible offenders8207
upon whom electronically monitored house arrest is imposed8208
pursuant to this section, section 2152.19, or any other section8209
of the Revised Code that specifically authorizes the imposition of8210
electronically monitored house arrest. Each court that imposes8211
electronically monitored house arrest may adopt by local court8212
rule a reasonable daily fee to be paid by each eligible offender8213
upon whom a period of electronically monitored house arrest is8214
imposed as a sentencing sanction or alternative. The fee may8215
include the actual costs of providing house arrest and an8216
additional amount necessary to enable the court to provide8217
electronically monitored house arrest to indigent eligible8218
offenders. The fund may be used only for the payment of the costs8219
of electronically monitored house arrest, including, but not8220
limited to, the costs of electronically monitored house arrest for8221
indigent eligible offenders.8222

       (2) If a fee is adopted pursuant to division (E)(1) of this8223
section, it shall be in addition to any fine specifically8224
authorized or required by any other section of the Revised Code8225
for an eligible offender upon whom a period of electronically8226
monitored house arrest is imposed as a sentencing sanction or8227
alternative.8228

       Sec. 2929.41.  (A) Except as provided in division (B) of8229
this section, division (E) of section 2929.14, or division (D) or8230
(E) of section 2971.03 of the Revised Code, a sentence of8231
imprisonment shall be served concurrently with any other sentence8232
of imprisonment imposed by a court of this state, another state,8233
or the United States. Except as provided in division (B)(2)(3) of8234
this section, a sentence of imprisonment for misdemeanor shall be8235
served concurrently with a prison term or sentence of imprisonment8236
for felony served in a state or federal correctional institution.8237

       (B)(1) A sentence of imprisonment for a misdemeanor shall be8238
served consecutively to any other sentence of imprisonment when8239
the trial court specifies that it is to be served consecutively or8240
when it is imposed for a misdemeanor violation of section8241
2907.322, 2921.34, or 2923.131 of the Revised Code.8242

       When consecutive sentences of imprisonment are imposed for8243
misdemeanor under this division, the term to be served is the8244
aggregate of the consecutive terms imposed, except that the8245
aggregate term to be served shall not exceed eighteen months.8246

       (3)(2) If a court of this state imposes a prison term upon8247
the offender for the commission of a felony and a court of another8248
state or the United States also has imposed a prison term upon the8249
offender for the commission of a felony, the court of this state8250
may order that the offender serve the prison term it imposes8251
consecutively to any prison term imposed upon the offender by the8252
court of another state or the United States.8253

       (2)(3) A sentence of imprisonment imposed for a misdemeanor8254
violation of section 4510.11, 4510.14, 4510.16, 4510.21,or8255
4511.19 or division (B)(1), (C), (D)(1), or (D)(2) of section8256
4507.02 of the Revised Code shall be served consecutively to a8257
prison term that is imposed for a felony violation of section8258
2903.06, 2903.07, 2903.08, or 4511.19 of the Revised Code or a8259
felony violation of section 2903.04 of the Revised Code involving8260
the operation of a motor vehicle by the offender and that is8261
served in a state correctional institution when the trial court8262
specifies that it is to be served consecutively.8263

       When consecutive sentences of imprisonment and prison terms8264
are imposed for one or more misdemeanors and one or more felonies8265
under this division, the term to be served is the aggregate of the8266
consecutive terms imposed, and the offender shall serve all terms8267
imposed for a felony before serving any term imposed for a8268
misdemeanor.8269

       Sec. 2935.03.  (A)(1) A sheriff, deputy sheriff, marshal,8270
deputy marshal, municipal police officer, township constable,8271
police officer of a township or joint township police district,8272
member of a police force employed by a metropolitan housing8273
authority under division (D) of section 3735.31 of the Revised8274
Code, member of a police force employed by a regional transit8275
authority under division (Y) of section 306.35 of the Revised8276
Code, state university law enforcement officer appointed under8277
section 3345.04 of the Revised Code, Ohio veterans' home police8278
officer appointed under section 5907.02 of the Revised Code, or8279
special police officer employed by a port authority under section8280
4582.04 or 4582.28 of the Revised Code shall arrest and detain,8281
until a warrant can be obtained, a person found violating, within8282
the limits of the political subdivision, metropolitan housing8283
authority housing project, regional transit authority facilities8284
or areas of a municipal corporation that have been agreed to by a8285
regional transit authority and a municipal corporation located8286
within its territorial jurisdiction, college, university, Ohio8287
veterans' home, or port authority in which the peace officer is8288
appointed, employed, or elected, a law of this state, an ordinance8289
of a municipal corporation, or a resolution of a township.8290

       (2) A peace officer of the department of natural resources8291
or an individual designated to perform law enforcement duties8292
under section 511.232, 1545.13, or 6101.75 of the Revised Code8293
shall arrest and detain, until a warrant can be obtained, a person8294
found violating, within the limits of the peace officer's or8295
individual's territorial jurisdiction, a law of this state.8296

       (3) The house sergeant at arms if the house sergeant at arms8297
has arrest authority pursuant to division (E)(1) of section8298
101.311 of the Revised Code and an assistant house sergeant at8299
arms shall arrest and detain, until a warrant can be obtained, a8300
person found violating, within the limits of the sergeant at arm's8301
arms's or assistant sergeant at arm'sarms's territorial8302
jurisdiction specified in division (D)(1)(a) of section 101.311 of8303
the Revised Code or while providing security pursuant to division8304
(D)(1)(f) of section 101.311 of the Revised Code, a law of this8305
state, an ordinance of a municipal corporation, or a resolution of8306
a township.8307

       (B)(1) When there is reasonable ground to believe that an8308
offense of violence, the offense of criminal child enticement as8309
defined in section 2905.05 of the Revised Code, the offense of8310
public indecency as defined in section 2907.09 of the Revised8311
Code, the offense of domestic violence as defined in section8312
2919.25 of the Revised Code, the offense of violating a protection8313
order as defined in section 2919.27 of the Revised Code, the8314
offense of menacing by stalking as defined in section 2903.211 of8315
the Revised Code, the offense of aggravated trespass as defined in8316
section 2911.211 of the Revised Code, a theft offense as defined8317
in section 2913.01 of the Revised Code, or a felony drug abuse8318
offense as defined in section 2925.01 of the Revised Code, has8319
been committed within the limits of the political subdivision,8320
metropolitan housing authority housing project, regional transit8321
authority facilities or those areas of a municipal corporation8322
that have been agreed to by a regional transit authority and a8323
municipal corporation located within its territorial jurisdiction,8324
college, university, Ohio veterans' home, or port authority in8325
which the peace officer is appointed, employed, or elected or8326
within the limits of the territorial jurisdiction of the peace8327
officer, a peace officer described in division (A) of this section8328
may arrest and detain until a warrant can be obtained any person8329
who the peace officer has reasonable cause to believe is guilty of8330
the violation.8331

       (2) For purposes of division (B)(1) of this section, the8332
execution of any of the following constitutes reasonable ground to8333
believe that the offense alleged in the statement was committed8334
and reasonable cause to believe that the person alleged in the8335
statement to have committed the offense is guilty of the8336
violation:8337

       (a) A written statement by a person alleging that an alleged8338
offender has committed the offense of menacing by stalking or8339
aggravated trespass;8340

       (b) A written statement by the administrator of the8341
interstate compact on mental health appointed under section8342
5119.51 of the Revised Code alleging that a person who had been8343
hospitalized, institutionalized, or confined in any facility under8344
an order made pursuant to or under authority of section 2945.37,8345
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the8346
Revised Code has escaped from the facility, from confinement in a8347
vehicle for transportation to or from the facility, or from8348
supervision by an employee of the facility that is incidental to8349
hospitalization, institutionalization, or confinement in the8350
facility and that occurs outside of the facility, in violation of8351
section 2921.34 of the Revised Code;8352

       (c) A written statement by the administrator of any facility8353
in which a person has been hospitalized, institutionalized, or8354
confined under an order made pursuant to or under authority of8355
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or8356
2945.402 of the Revised Code alleging that the person has escaped8357
from the facility, from confinement in a vehicle for8358
transportation to or from the facility, or from supervision by an8359
employee of the facility that is incidental to hospitalization,8360
institutionalization, or confinement in the facility and that8361
occurs outside of the facility, in violation of section 2921.34 of8362
the Revised Code.8363

       (3)(a) For purposes of division (B)(1) of this section, a8364
peace officer described in division (A) of this section has8365
reasonable grounds to believe that the offense of domestic8366
violence or the offense of violating a protection order has been8367
committed and reasonable cause to believe that a particular person8368
is guilty of committing the offense if any of the following8369
occurs:8370

       (i) A person executes a written statement alleging that the8371
person in question has committed the offense of domestic violence8372
or the offense of violating a protection order against the person8373
who executes the statement or against a child of the person who8374
executes the statement.8375

       (ii) No written statement of the type described in division8376
(B)(3)(a)(i) of this section is executed, but the peace officer,8377
based upon the peace officer's own knowledge and observation of8378
the facts and circumstances of the alleged incident of the offense8379
of domestic violence or the alleged incident of the offense of8380
violating a protection order or based upon any other information,8381
including, but not limited to, any reasonably trustworthy8382
information given to the peace officer by the alleged victim of8383
the alleged incident of the offense or any witness of the alleged8384
incident of the offense, concludes that there are reasonable8385
grounds to believe that the offense of domestic violence or the8386
offense of violating a protection order has been committed and8387
reasonable cause to believe that the person in question is guilty8388
of committing the offense.8389

       (iii) No written statement of the type described in division8390
(B)(3)(a)(i) of this section is executed, but the peace officer8391
witnessed the person in question commit the offense of domestic8392
violence or the offense of violating a protection order.8393

       (b) If pursuant to division (B)(3)(a) of this section a8394
peace officer has reasonable grounds to believe that the offense8395
of domestic violence or the offense of violating a protection8396
order has been committed and reasonable cause to believe that a8397
particular person is guilty of committing the offense, it is the8398
preferred course of action in this state that the officer arrest8399
and detain that person pursuant to division (B)(1) of this section8400
until a warrant can be obtained.8401

       If pursuant to division (B)(3)(a) of this section a peace8402
officer has reasonable grounds to believe that the offense of8403
domestic violence or the offense of violating a protection order8404
has been committed and reasonable cause to believe that family or8405
household members have committed the offense against each other,8406
it is the preferred course of action in this state that the8407
officer, pursuant to division (B)(1) of this section, arrest and8408
detain until a warrant can be obtained the family or household8409
member who committed the offense and whom the officer has8410
reasonable cause to believe is the primary physical aggressor.8411
There is no preferred course of action in this state regarding any8412
other family or household member who committed the offense and8413
whom the officer does not have reasonable cause to believe is the8414
primary physical aggressor, but, pursuant to division (B)(1) of8415
this section, the peace officer may arrest and detain until a8416
warrant can be obtained any other family or household member who8417
committed the offense and whom the officer does not have8418
reasonable cause to believe is the primary physical aggressor.8419

       (c) If a peace officer described in division (A) of this8420
section does not arrest and detain a person whom the officer has8421
reasonable cause to believe committed the offense of domestic8422
violence or the offense of violating a protection order when it is8423
the preferred course of action in this state pursuant to division8424
(B)(3)(b) of this section that the officer arrest that person, the8425
officer shall articulate in the written report of the incident8426
required by section 2935.032 of the Revised Code a clear statement8427
of the officer's reasons for not arresting and detaining that8428
person until a warrant can be obtained.8429

       (d) In determining for purposes of division (B)(3)(b) of8430
this section which family or household member is the primary8431
physical aggressor in a situation in which family or household8432
members have committed the offense of domestic violence or the8433
offense of violating a protection order against each other, a8434
peace officer described in division (A) of this section, in8435
addition to any other relevant circumstances, should consider all8436
of the following:8437

       (i) Any history of domestic violence or of any other violent8438
acts by either person involved in the alleged offense that the8439
officer reasonably can ascertain;8440

       (ii) If violence is alleged, whether the alleged violence8441
was caused by a person acting in self-defense;8442

       (iii) Each person's fear of physical harm, if any, resulting8443
from the other person's threatened use of force against any person8444
or resulting from the other person's use or history of the use of8445
force against any person, and the reasonableness of that fear;8446

       (iv) The comparative severity of any injuries suffered by8447
the persons involved in the alleged offense.8448

       (e)(i) A peace officer described in division (A) of this8449
section shall not require, as a prerequisite to arresting or8450
charging a person who has committed the offense of domestic8451
violence or the offense of violating a protection order, that the8452
victim of the offense specifically consent to the filing of8453
charges against the person who has committed the offense or sign a8454
complaint against the person who has committed the offense.8455

       (ii) If a person is arrested for or charged with committing8456
the offense of domestic violence or the offense of violating a8457
protection order and if the victim of the offense does not8458
cooperate with the involved law enforcement or prosecuting8459
authorities in the prosecution of the offense or, subsequent to8460
the arrest or the filing of the charges, informs the involved law8461
enforcement or prosecuting authorities that the victim does not8462
wish the prosecution of the offense to continue or wishes to drop8463
charges against the alleged offender relative to the offense, the8464
involved prosecuting authorities, in determining whether to8465
continue with the prosecution of the offense or whether to dismiss8466
charges against the alleged offender relative to the offense and8467
notwithstanding the victim's failure to cooperate or the victim's8468
wishes, shall consider all facts and circumstances that are8469
relevant to the offense, including, but not limited to, the8470
statements and observations of the peace officers who responded to8471
the incident that resulted in the arrest or filing of the charges8472
and of all witnesses to that incident.8473

       (f) In determining pursuant to divisions (B)(3)(a) to (g) of8474
this section whether to arrest a person pursuant to division8475
(B)(1) of this section, a peace officer described in division (A)8476
of this section shall not consider as a factor any possible8477
shortage of cell space at the detention facility to which the8478
person will be taken subsequent to the person's arrest or any8479
possibility that the person's arrest might cause, contribute to,8480
or exacerbate overcrowding at that detention facility or at any8481
other detention facility.8482

       (g) If a peace officer described in division (A) of this8483
section intends pursuant to divisions (B)(3)(a) to (g) of this8484
section to arrest a person pursuant to division (B)(1) of this8485
section and if the officer is unable to do so because the person8486
is not present, the officer promptly shall seek a warrant for the8487
arrest of the person.8488

       (h) If a peace officer described in division (A) of this8489
section responds to a report of an alleged incident of the offense8490
of domestic violence or an alleged incident of the offense of8491
violating a protection order and if the circumstances of the8492
incident involved the use or threatened use of a deadly weapon or8493
any person involved in the incident brandished a deadly weapon8494
during or in relation to the incident, the deadly weapon that was8495
used, threatened to be used, or brandished constitutes contraband,8496
and, to the extent possible, the officer shall seize the deadly8497
weapon as contraband pursuant to section 2933.43 of the Revised8498
Code. Upon the seizure of a deadly weapon pursuant to division8499
(B)(3)(h) of this section, section 2933.43 of the Revised Code8500
shall apply regarding the treatment and disposition of the deadly8501
weapon. For purposes of that section, the "underlying criminal8502
offense" that was the basis of the seizure of a deadly weapon8503
under division (B)(3)(h) of this section and to which the deadly8504
weapon had a relationship is any of the following that is8505
applicable:8506

       (i) The alleged incident of the offense of domestic violence8507
or the alleged incident of the offense of violating a protection8508
order to which the officer who seized the deadly weapon responded;8509

       (ii) Any offense that arose out of the same facts and8510
circumstances as the report of the alleged incident of the offense8511
of domestic violence or the alleged incident of the offense of8512
violating a protection order to which the officer who seized the8513
deadly weapon responded.8514

       (4) If, in the circumstances described in divisions8515
(B)(3)(a) to (g) of this section, a peace officer described in8516
division (A) of this section arrests and detains a person pursuant8517
to division (B)(1) of this section, or if, pursuant to division8518
(B)(3)(h) of this section, a peace officer described in division8519
(A) of this section seizes a deadly weapon, the officer, to the8520
extent described in and in accordance with section 9.86 or 2744.038521
of the Revised Code, is immune in any civil action for damages for8522
injury, death, or loss to person or property that arises from or8523
is related to the arrest and detention or the seizure.8524

       (C) When there is reasonable ground to believe that a8525
violation of division (A)(1), (B)(2), or (C)(3) of section 4506.158526
or a violation of section 4511.19 of the Revised Code has been8527
committed by a person operating a motor vehicle subject to8528
regulation by the public utilities commission of Ohio under Title8529
XLIX of the Revised Code, a peace officer with authority to8530
enforce that provision of law may stop or detain the person whom8531
the officer has reasonable cause to believe was operating the8532
motor vehicle in violation of the division or section and, after8533
investigating the circumstances surrounding the operation of the8534
vehicle, may arrest and detain the person.8535

       (D) If a sheriff, deputy sheriff, marshal, deputy marshal,8536
municipal police officer, member of a police force employed by a8537
metropolitan housing authority under division (D) of section8538
3735.31 of the Revised Code, member of a police force employed by8539
a regional transit authority under division (Y) of section 306.358540
of the Revised Code, special police officer employed by a port8541
authority under section 4582.04 or 4582.28 of the Revised Code,8542
township constable, police officer of a township or joint township8543
police district, state university law enforcement officer8544
appointed under section 3345.04 of the Revised Code, peace officer8545
of the department of natural resources, individual designated to8546
perform law enforcement duties under section 511.232, 1545.13, or8547
6101.75 of the Revised Code, the house sergeant at arms if the8548
house sergeant at arms has arrest authority pursuant to division8549
(E)(1) of section 101.311 of the Revised Code, or an assistant8550
house sergeant at arms is authorized by division (A) or (B) of8551
this section to arrest and detain, within the limits of the8552
political subdivision, metropolitan housing authority housing8553
project, regional transit authority facilities or those areas of a8554
municipal corporation that have been agreed to by a regional8555
transit authority and a municipal corporation located within its8556
territorial jurisdiction, port authority, college, or university8557
in which the officer is appointed, employed, or elected or within8558
the limits of the territorial jurisdiction of the peace officer, a8559
person until a warrant can be obtained, the peace officer, outside8560
the limits of that territory, may pursue, arrest, and detain that8561
person until a warrant can be obtained if all of the following8562
apply:8563

       (1) The pursuit takes place without unreasonable delay after8564
the offense is committed;8565

       (2) The pursuit is initiated within the limits of the8566
political subdivision, metropolitan housing authority housing8567
project, regional transit authority facilities or those areas of a8568
municipal corporation that have been agreed to by a regional8569
transit authority and a municipal corporation located within its8570
territorial jurisdiction, port authority, college, or university8571
in which the peace officer is appointed, employed, or elected or8572
within the limits of the territorial jurisdiction of the peace8573
officer;8574

       (3) The offense involved is a felony, a misdemeanor of the8575
first degree or a substantially equivalent municipal ordinance, a8576
misdemeanor of the second degree or a substantially equivalent8577
municipal ordinance, or any offense for which points are8578
chargeable pursuant to division (G) of section 4507.0214510.0368579
of the Revised Code.8580

       (E) In addition to the authority granted under division (A)8581
or (B) of this section:8582

       (1) A sheriff or deputy sheriff may arrest and detain, until8583
a warrant can be obtained, any person found violating section8584
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section8585
4549.62, or Chapter 4511. or 4513. of the Revised Code on the8586
portion of any street or highway that is located immediately8587
adjacent to the boundaries of the county in which the sheriff or8588
deputy sheriff is elected or appointed.8589

       (2) A member of the police force of a township police8590
district created under section 505.48 of the Revised Code, a8591
member of the police force of a joint township police district8592
created under section 505.481 of the Revised Code, or a township8593
constable appointed in accordance with section 509.01 of the8594
Revised Code, who has received a certificate from the Ohio peace8595
officer training commission under section 109.75 of the Revised8596
Code, may arrest and detain, until a warrant can be obtained, any8597
person found violating any section or chapter of the Revised Code8598
listed in division (E)(1) of this section, other than sections8599
4513.33 and 4513.34 of the Revised Code, on the portion of any8600
street or highway that is located immediately adjacent to the8601
boundaries of the township police district or joint township8602
police district, in the case of a member of a township police8603
district or joint township police district police force, or the8604
unincorporated territory of the township, in the case of a8605
township constable. However, if the population of the township8606
that created the township police district served by the member's8607
police force, or the townships that created the joint township8608
police district served by the member's police force, or the8609
township that is served by the township constable, is sixty8610
thousand or less, the member of the township police district or8611
joint police district police force or the township constable may8612
not make an arrest under division (E)(2) of this section on a8613
state highway that is included as part of the interstate system.8614

       (3) A police officer or village marshal appointed, elected,8615
or employed by a municipal corporation may arrest and detain,8616
until a warrant can be obtained, any person found violating any8617
section or chapter of the Revised Code listed in division (E)(1)8618
of this section on the portion of any street or highway that is8619
located immediately adjacent to the boundaries of the municipal8620
corporation in which the police officer or village marshal is8621
appointed, elected, or employed.8622

       (4) A peace officer of the department of natural resources8623
or an individual designated to perform law enforcement duties8624
under section 511.232, 1545.13, or 6101.75 of the Revised Code may8625
arrest and detain, until a warrant can be obtained, any person8626
found violating any section or chapter of the Revised Code listed8627
in division (E)(1) of this section, other than sections 4513.338628
and 4513.34 of the Revised Code, on the portion of any street or8629
highway that is located immediately adjacent to the boundaries of8630
the lands and waters that constitute the territorial jurisdiction8631
of the peace officer.8632

       (F)(1) A department of mental health special police officer8633
or a department of mental retardation and developmental8634
disabilities special police officer may arrest without a warrant8635
and detain until a warrant can be obtained any person found8636
committing on the premises of any institution under the8637
jurisdiction of the particular department a misdemeanor under a8638
law of the state.8639

       A department of mental health special police officer or a8640
department of mental retardation and developmental disabilities8641
special police officer may arrest without a warrant and detain8642
until a warrant can be obtained any person who has been8643
hospitalized, institutionalized, or confined in an institution8644
under the jurisdiction of the particular department pursuant to or8645
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,8646
2945.40, 2945.401, or 2945.402 of the Revised Code and who is8647
found committing on the premises of any institution under the8648
jurisdiction of the particular department a violation of section8649
2921.34 of the Revised Code that involves an escape from the8650
premises of the institution.8651

       (2)(a) If a department of mental health special police8652
officer or a department of mental retardation and developmental8653
disabilities special police officer finds any person who has been8654
hospitalized, institutionalized, or confined in an institution8655
under the jurisdiction of the particular department pursuant to or8656
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,8657
2945.40, 2945.401, or 2945.402 of the Revised Code committing a8658
violation of section 2921.34 of the Revised Code that involves an8659
escape from the premises of the institution, or if there is8660
reasonable ground to believe that a violation of section 2921.348661
of the Revised Code has been committed that involves an escape8662
from the premises of an institution under the jurisdiction of the8663
department of mental health or the department of mental8664
retardation and developmental disabilities and if a department of8665
mental health special police officer or a department of mental8666
retardation and developmental disabilities special police officer8667
has reasonable cause to believe that a particular person who has8668
been hospitalized, institutionalized, or confined in the8669
institution pursuant to or under authority of section 2945.37,8670
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the8671
Revised Code is guilty of the violation, the special police8672
officer, outside of the premises of the institution, may pursue,8673
arrest, and detain that person for that violation of section8674
2921.34 of the Revised Code, until a warrant can be obtained, if8675
both of the following apply:8676

       (i) The pursuit takes place without unreasonable delay after8677
the offense is committed;8678

       (ii) The pursuit is initiated within the premises of the8679
institution from which the violation of section 2921.34 of the8680
Revised Code occurred.8681

       (b) For purposes of division (F)(2)(a) of this section, the8682
execution of a written statement by the administrator of the8683
institution in which a person had been hospitalized,8684
institutionalized, or confined pursuant to or under authority of8685
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or8686
2945.402 of the Revised Code alleging that the person has escaped8687
from the premises of the institution in violation of section8688
2921.34 of the Revised Code constitutes reasonable ground to8689
believe that the violation was committed and reasonable cause to8690
believe that the person alleged in the statement to have committed8691
the offense is guilty of the violation.8692

       (G) As used in this section:8693

       (1) A "department of mental health special police officer"8694
means a special police officer of the department of mental health8695
designated under section 5119.14 of the Revised Code who is8696
certified by the Ohio peace officer training commission under8697
section 109.77 of the Revised Code as having successfully8698
completed an approved peace officer basic training program.8699

       (2) A "department of mental retardation and developmental8700
disabilities special police officer" means a special police8701
officer of the department of mental retardation and developmental8702
disabilities designated under section 5123.13 of the Revised Code8703
who is certified by the Ohio peace officer training council under8704
section 109.77 of the Revised Code as having successfully8705
completed an approved peace officer basic training program.8706

       (3) "Deadly weapon" has the same meaning as in section8707
2923.11 of the Revised Code.8708

       (4) "Family or household member" has the same meaning as in8709
section 2919.25 of the Revised Code.8710

       (5) "Street" or "highway" has the same meaning as in section8711
4511.01 of the Revised Code.8712

       (6) "Interstate system" has the same meaning as in section8713
5516.01 of the Revised Code.8714

       (7) "Peace officer of the department of natural resources"8715
means an employee of the department of natural resources who is a8716
natural resources law enforcement staff officer designated8717
pursuant to section 1501.013, a forest officer designated pursuant8718
to section 1503.29, a preserve officer designated pursuant to8719
section 1517.10, a wildlife officer designated pursuant to section8720
1531.13, a park officer designated pursuant to section 1541.10, or8721
a state watercraft officer designated pursuant to section 1547.5218722
of the Revised Code.8723

       Sec. 2935.27.  (A)(1) If a law enforcement officer issues a8724
citation to a person pursuant to section 2935.26 of the Revised8725
Code and if the minor misdemeanor offense for which the citation8726
is issued is an act prohibited by Chapter 4511., 4513., or 4549.8727
of the Revised Code or an act prohibited by any municipal8728
ordinance that is substantially similar to any section contained8729
in Chapter 4511., 4513., or 4549. of the Revised Code, the officer8730
shall inform the person, if the person has a current valid Ohio8731
driver's or commercial driver's license, of the possible8732
consequences of the person's actions as required under division8733
(E) of this section, and also shall inform the person that the8734
person is required either to appear at the time and place stated8735
in the citation or to comply with division (C) of section 2935.268736
of the Revised Code.8737

       (2) If the person is an Ohio resident whobut does not have8738
a current valid Ohio driver's or commercial driver's license or if8739
the person is a resident of a state that is not a member of the8740
nonresident violator compact, of which this state is a member8741
pursuant to section 4511.954510.71 of the Revised Code, and if8742
the officer shall bring the person before the court with which the8743
citation is required to be filed,by local rule, has prescribed a8744
procedure for the setting of a reasonable security by the court8745
pursuant to division (F) of this section, security shall be set in8746
accordance with that local rule and that division.8747

       A court by local rule may prescribe a procedure for the8748
setting of reasonable security as described in this division. As8749
an alternative to this procedure, a court by local rule may8750
prescribe a procedure for the setting of a reasonable security by8751
the person without the person appearing before the court.8752

       (B) A person who appears before a court to havehas security8753
set under division (A)(2) of this section shall be given a receipt8754
or other evidence of the deposit of the security by the court.8755

       (C) Upon compliance with division (C) of section 2935.26 of8756
the Revised Code by a person who was issued a citation, the clerk8757
of the court shall notify the court. The court shall immediately8758
return any sum of money, license, or other security deposited in8759
relation to the citation to the person, or to any other person who8760
deposited the security.8761

       (D) If a person who has a current valid Ohio driver's or8762
commercial driver's license and who was issued a citation fails to8763
appear at the time and place specified on the citation, fails to8764
comply with division (C) of section 2935.26 of the Revised Code,8765
or fails to comply with or satisfy any judgment of the court8766
within the time allowed by the court, the court shall declare the8767
forfeituresuspension of the person's license. Thirty days after8768
the declaration of forfeiture, the court shall enter information8769
relative to the forfeituresuspension on a form approved and8770
furnished by the registrar of motor vehicles, and forward the form8771
to the registrar. The registrar shall suspend the person's8772
driver's or commercial driver's license, send written notification8773
of the suspension to the person at the person's last known8774
address, and order the person to surrender the person's driver's8775
or commercial driver's license to the registrar within forty-eight8776
hours. No valid driver's or commercial driver's license shall be8777
granted to the person until the court having jurisdiction of the8778
offense that led to the suspension orders that the forfeiture8779
suspension be terminated. The court shall so order if the person,8780
after having failed to appear in court at the required time and8781
place to answer the charge or after having pleaded guilty to or8782
been found guilty of the violation and having failed within the8783
time allowed by the court to pay the fine imposed by the court,8784
thereafter appears to answer the charge and pays any fine imposed8785
by the court or pays the fine originally imposed by the court. The8786
court shall inform the registrar of the termination of the8787
forfeituresuspension by entering information relative to the8788
termination on a form approved and furnished by the registrar and8789
sending the form to the registrar as provided in this division. 8790
The court also shall charge and collect from the person shall pay8791
to the bureau of motor vehicles a fifteen-dollar processing fee to8792
cover the costs of the bureau of motor vehicles in administering8793
this section. The clerk of the court shall transmit monthly all8794
such processing fees to the registrar forshall deposit the fees8795
so paid into the state bureau of motor vehicles fund created by8796
section 4501.25 of the Revised Code.8797

       In addition, upon receipt of the copy of the declaration of8798
forfeituresuspension from the court, neither the registrar nor8799
any deputy registrar shall accept any application for the8800
registration or transfer of registration of any motor vehicle8801
owned or leased by the person named in the declaration of8802
forfeituresuspension until the court having jurisdiction of the8803
offense that led to the forfeituresuspension orders that the8804
forfeituresuspension be terminated. However, for a motor vehicle8805
leased by a person named in a declaration of forfeiture8806
suspension, the registrar shall not implement the preceding8807
sentence until the registrar adopts procedures for that8808
implementation under section 4503.39 of the Revised Code. Upon8809
receipt by the registrar of an order terminating the forfeiture8810
suspension, the registrar shall take such measures as may be8811
necessary to permit the person to register a motor vehicle owned8812
or leased by the person or to transfer the registration of such a8813
motor vehicle, if the person later makes application to take such8814
action and the person otherwise is eligible to register the motor8815
vehicle or to transfer the registration of it.8816

       The registrar is not required to give effect to any8817
declaration of forfeituresuspension or order terminating a8818
forfeituresuspension unless the order is transmitted to the8819
registrar by means of an electronic transfer system.8820

       If the person who was issued the citation fails to appear at8821
the time and place specified on the citation and fails to comply8822
with division (C) of section 2935.26 of the Revised Code and the8823
person has deposited a sum of money or other security in relation8824
to the citation under division (A)(2) of this section, the deposit8825
immediately shall be forfeited to the court.8826

       This section does not preclude further action as authorized8827
by division (F) of section 2935.26 of the Revised Code.8828

       (E) A law enforcement officer who issues a person a minor8829
misdemeanor citation for an act prohibited by Chapter 4511.,8830
4513., or 4549. of the Revised Code or an act prohibited by a8831
municipal ordinance that is substantially similar to any section8832
contained in Chapter 4511., 4513., or 4549. of the Revised Code8833
shall inform the person that if the person does not appear at the8834
time and place stated on the citation or does not comply with8835
division (C) of section 2935.26 of the Revised Code, the person's8836
driver's or commercial driver's license will be suspended, the8837
person will not be eligible for the reissuance of the license or8838
the issuance of a new license or the issuance of a certificate of8839
registration for a motor vehicle owned or leased by the person,8840
until the person appears and complies with all orders of the8841
court. The person also is subject to any applicable criminal8842
penalties.8843

       (F) A court setting security under division (A)(2) of this8844
section shall do so in conformity with sections 2937.22 and8845
2937.23 of the Revised Code and the Rules of Criminal Procedure.8846

       Sec. 2937.221.  (A) A person arrested without warrant for8847
any violation listed in division (B) of this section, and having a8848
current valid Ohio driver's or commercial driver's license, if the8849
person has been notified of the possible consequences of the8850
person's actions as required by division (C) of this section, may8851
post bond by depositing the license with the arresting officer if8852
the officer and person so choose, or with the local court having8853
jurisdiction if the court and person so choose. The license may8854
be used as bond only during the period for which it is valid.8855

       When an arresting officer accepts the driver's or commercial8856
driver's license as bond, the officer shall note the date, time,8857
and place of the court appearance on "the violator's notice to8858
appear," and the notice shall serve as a valid Ohio driver's or8859
commercial driver's license until the date and time appearing8860
thereon. The arresting officer immediately shall forward the8861
license to the appropriate court.8862

       When a local court accepts the license as bond or continues8863
the case to another date and time, it shall provide the person8864
with a card in a form approved by the registrar of motor vehicles8865
setting forth the license number, name, address, the date and time8866
of the court appearance, and a statement that the license is being8867
held as bond. The card shall serve as a valid license until the8868
date and time contained in the card.8869

       The court may accept other bond at any time and return the8870
license to the person. The court shall return the license to the8871
person when judgment is satisfied, including, but not limited to,8872
compliance with any court orders, unless a suspension or8873
revocationcancellation is part of the penalty imposed.8874

       Neither "the violator's notice to appear" nor a court-8875
granted card shall continue driving privileges beyond the8876
expiration date of the license.8877

       If the person arrested fails to appear in court at the date8878
and time set by the court or fails to satisfy the judgment of the8879
court, including, but not limited to, compliance with all court8880
orders within the time allowed by the court, the court may declare8881
the forfeiture ofimpose a class seven suspension of the person's8882
license from the range specified in division (A)(7) of section8883
4510.02 of the Revised Code. Thirty days after the declaration of8884
forfeituresuspension, the court shall forward the person's8885
license to the registrar. The court also shall enter information8886
relative to the forfeituresuspension on a form approved and8887
furnished by the registrar and send the form to the registrar, who8888
and the registrar shall suspend the license and send written8889
notification of the suspension to the person at the person's last8890
known address. No valid driver's or commercial driver's license8891
shall be granted to the person until the expiration of the period8892
of the suspension or, prior to the expiration of that period, the8893
court having jurisdiction orders that the forfeiture besuspension8894
is terminated. TheIf the court terminates the suspension, the8895
court shall inform the registrar of the termination of the8896
forfeiture by entering information relative to the termination on8897
a form approved and furnished by the registrar and sending the8898
form to the registrar. The court also shall charge and collect8899
fromUpon the expiration or termination of the suspension, the8900
person shall pay to the bureau of motor vehicles a processing fee8901
of fifteen dollars to cover the costs of the bureau of motor8902
vehicles in administering this section. The clerk of the court8903
shall transmit monthly all such processing fees to the registrar8904
forshall deposit the fees so paid into the state bureau of motor8905
vehicles fund created by section 4501.25 of the Revised Code.8906

       In addition, upon receipt from the court of the copy of the8907
declaration of forfeituresuspension, neither the registrar nor8908
any deputy registrar shall accept any application for the8909
registration or transfer of registration of any motor vehicle8910
owned by or leased in the name of the person named in the8911
declaration of forfeituresuspension until the expiration of the8912
period of the suspension or, prior to the expiration of that8913
period, the court having jurisdiction over the offense that led to8914
the suspension issues an order terminating the forfeiture8915
suspension. However, for a motor vehicle leased in the name of a8916
person named in a declaration of forfeituresuspension, the8917
registrar shall not implement the preceding sentence until the8918
registrar adopts procedures for that implementation under section8919
4503.39 of the Revised Code. Upon the expiration of the8920
suspension or upon receipt by the registrar of such an order8921
terminating the suspension, the registrar also shall take suchthe8922
measures as may be necessary to permit the person to register a8923
motor vehicle the person owns or leases or to transfer the8924
registration of such a motor vehicle the person owns or leases if8925
the person later makes a proper application and otherwise is8926
eligible to be issued or to transfer a motor vehicle registration.8927

       (B) Division (A) of this section applies to persons arrested8928
for violation of:8929

       (1) Any of the provisions of Chapter 4511. or 4513. of the8930
Revised Code, except sections 4511.19, 4511.20, 4511.251, and8931
4513.36 of the Revised Code;8932

       (2) Any municipal ordinance substantially similar to a8933
section included in division (B)(1) of this section;8934

       (3) Any bylaw, rule, or regulation of the Ohio turnpike8935
commission substantially similar to a section included in division8936
(B)(1) of this section.8937

       Division (A) of this section does not apply to those persons8938
issued a citation for the commission of a minor misdemeanor under8939
section 2935.26 of the Revised Code.8940

       (C) No license shall be accepted as bond by an arresting8941
officer or by a court under this section until the officer or8942
court has notified the person that, if the person deposits the8943
license with the officer or court and either does not appear on8944
the date and at the time set by the officer or the court, if the8945
court sets a time, or does not satisfy any judgment rendered,8946
including, but not limited to, compliance with all court orders,8947
the license will be suspended, and the person will not be eligible8948
for reissuance of the license or issuance of a new license, or the8949
issuance of a certificate of registration for a motor vehicle8950
owned or leased by the person until the person appears and8951
complies with any order issued by the court. The person also is8952
subject to any criminal penalties that may apply to the person.8953

       Sec. 2937.222.  (A) On the motion of the prosecuting8954
attorney or on the judge's own motion, the judge shall hold a8955
hearing to determine whether an accused person charged with8956
aggravated murder when it is not a capital offense, murder, a8957
felony of the first or second degree, a violation of section8958
2903.06 of the Revised Code, a violation of section 2903.211 of8959
the Revised Code that is a felony, or a felony OMVIOVI offense8960
shall be denied bail. The judge shall order that the accused be8961
detained until the conclusion of the hearing. Except for good8962
cause, a continuance on the motion of the state shall not exceed8963
three court days. Except for good cause, a continuance on the8964
motion of the accused shall not exceed five court days unless the8965
motion of the accused waives in writing the five-day limit and8966
states in writing a specific period for which the accused requests8967
a continuance. A continuance granted upon a motion of the accused8968
that waives in writing the five-day limit shall not exceed five8969
court days after the period of continuance requested in the8970
motion.8971

       At the hearing, the accused has the right to be represented8972
by counsel and, if the accused is indigent, to have counsel8973
appointed. The judge shall afford the accused an opportunity to8974
testify, to present witnesses and other information, and to8975
cross-examine witnesses who appear at the hearing. The rules8976
concerning admissibility of evidence in criminal trials do not8977
apply to the presentation and consideration of information at the8978
hearing. Regardless of whether the hearing is being held on the8979
motion of the prosecuting attorney or on the court's own motion,8980
the state has the burden of proving that the proof is evident or8981
the presumption great that the accused committed the offense with8982
which the accused is charged, of proving that the accused poses a8983
substantial risk of serious physical harm to any person or to the8984
community, and of proving that no release conditions will8985
reasonably assure the safety of that person and the community.8986

       The judge may reopen the hearing at any time before trial if8987
the judge finds that information exists that was not known to the8988
movant at the time of the hearing and that that information has a8989
material bearing on whether bail should be denied. If a municipal8990
court or county court enters an order denying bail, a judge of the8991
court of common pleas having jurisdiction over the case may8992
continue that order or may hold a hearing pursuant to this section8993
to determine whether to continue that order.8994

       (B) No accused person shall be denied bail pursuant to this8995
section unless the judge finds by clear and convincing evidence8996
that the proof is evident or the presumption great that the8997
accused committed the offense described in division (A) of this8998
section with which the accused is charged, finds by clear and8999
convincing evidence that the accused poses a substantial risk of9000
serious physical harm to any person or to the community, and finds9001
by clear and convincing evidence that no release conditions will9002
reasonably assure the safety of that person and the community.9003

       (C) The judge, in determining whether the accused person9004
described in division (A) of this section poses a substantial risk9005
of serious physical harm to any person or to the community and9006
whether there are conditions of release that will reasonably9007
assure the safety of that person and the community, shall consider9008
all available information regarding all of the following:9009

       (1) The nature and circumstances of the offense charged,9010
including whether the offense is an offense of violence or9011
involves alcohol or a drug of abuse;9012

       (2) The weight of the evidence against the accused;9013

       (3) The history and characteristics of the accused,9014
including, but not limited to, both of the following:9015

       (a) The character, physical and mental condition, family9016
ties, employment, financial resources, length of residence in the9017
community, community ties, past conduct, history relating to drug9018
or alcohol abuse, and criminal history of the accused;9019

       (b) Whether, at the time of the current alleged offense or9020
at the time of the arrest of the accused, the accused was on9021
probation, parole, post-release control, or other release pending9022
trial, sentencing, appeal, or completion of sentence for the9023
commission of an offense under the laws of this state, another9024
state, or the United States or under a municipal ordinance.9025

       (4) The nature and seriousness of the danger to any person9026
or the community that would be posed by the person's release.9027

       (D)(1) An order of the court of common pleas denying bail9028
pursuant to this section is a final appealable order. In an9029
appeal pursuant to division (D) of this section, the court of9030
appeals shall do all of the following:9031

       (a) Give the appeal priority on its calendar;9032

       (b) Liberally modify or dispense with formal requirements in9033
the interest of a speedy and just resolution of the appeal;9034

       (c) Decide the appeal expeditiously;9035

       (d) Promptly enter its judgment affirming or reversing the9036
order denying bail.9037

       (2) The pendency of an appeal under this section does not9038
deprive the court of common pleas of jurisdiction to conduct9039
further proceedings in the case or to further consider the order9040
denying bail in accordance with this section. If, during the9041
pendency of an appeal under division (D) of this section, the9042
court of common pleas sets aside or terminates the order denying9043
bail, the court of appeals shall dismiss the appeal.9044

       (E) As used in this section:9045

       (1) "Court day" has the same meaning as in section 5122.019046
of the Revised Code.9047

       (2) "Felony OMVIOVI offense" means a third degree felony9048
OMVIOVI offense and a fourth degree felony OMVIOVI offense.9049

       (3) "Fourth degree felony OMVIOVI offense" and "third9050
degree felony OMVIOVI offense" have the same meanings as in9051
section 2929.01 of the Revised Code.9052

       Sec. 2937.46. (A) The supreme court of Ohio may, in the9053
interest of uniformity of procedure in the various courts, and for9054
the purpose of promoting prompt and efficient disposition of cases9055
arising under the traffic laws of this state and related9056
ordinances, makesmay make uniform rules for practice and9057
procedure in courts inferior to the court of common pleas not9058
inconsistent with the provisions of Chapter 2937. of the Revised9059
Code, including, but not limited to:9060

       (A)(1) Separation of arraignment and trial of traffic and9061
other types of cases;9062

       (B)(2) Consolidation of cases for trial;9063

       (C)(3) Transfer of cases within the same county for the9064
purpose of trial;9065

       (D)(4) Designation of special referees for hearings or for9066
receiving pleas or bail at times when courts are not in session;9067

       (E)(5) Fixing of reasonable bonds, and disposition of cases9068
in which bonds have been forfeited.9069

       All of said(B)Except as otherwise specified in division (L)9070
of section 4511.19 of the Revised Code, all of the rules described9071
in division (A) of this section, when promulgated by the supreme9072
court, shall be fully binding on all courts inferior to the court9073
of common pleas and on the court of common pleas in relation to9074
felony violations of division (A) of section 4511.19 of the9075
Revised Code and shall effect a cancellation of any local court9076
rules inconsistent therewithwith the supreme court's rules.9077

       Sec. 2937.99.  (A) No person shall fail to appear as9078
required, after having been released pursuant to section 2937.299079
of the Revised Code. Whoever violates this section is guilty of9080
failure to appear and shall be punished as set forth in division9081
(B) or (C) of this section.9082

       (B) If the release was in connection with a charge of the9083
commission of a felony charge or pending appeal after conviction9084
of a felony, failure to appear is a felony of the fourth degree.9085

       (C) If the release was in connection with a charge of the9086
commission of a misdemeanor charge or for appearance as a witness,9087
failure to appear is a misdemeanor of the first degree.9088

       (D) This section does not apply to misdemeanors and related9089
ordinance offenses arising under Chapters 4501., 4503., 4505.,9090
4507., 4509., 4510., 4511., 4513., 4517., 4549., and 5577. of the9091
Revised Code, except that this section does apply to violations of9092
sections 4511.19, 4549.02, and 4549.021 of the Revised Code and9093
ordinance offenses related to sections 4511.19, 4549.02, and9094
4549.021 of the Revised Code.9095

       Sec. 2951.02.  (A)(1) In determining whether to suspend a9096
sentence of imprisonment imposed upon an offender for a9097
misdemeanor and place the offender on probation or whether to9098
otherwise suspend a sentence of imprisonment imposed upon an9099
offender for a misdemeanor pursuant to division (A) of section9100
2929.51 of the Revised Code, the court shall consider the risk9101
that the offender will commit another offense and the need for9102
protecting the public from the risk, the nature and circumstances9103
of the offense, and the history, character, and condition of the9104
offender.9105

       (2) An offender who has been convicted of or pleaded guilty9106
to a misdemeanor shall not be placed on probation and shall not9107
otherwise have the sentence of imprisonment imposed upon the9108
offender suspended pursuant to division (A) of section 2929.51 of9109
the Revised Code if either of the following applies:9110

       (a) The offender is a repeat or dangerous offender.9111

       (b) The misdemeanor offense involved was not a violation of9112
section 2923.12 of the Revised Code and was committed while the9113
offender was armed with a firearm or dangerous ordnance.9114

       (B) The following do not control the court's discretion but9115
the court shall consider them in favor of placing an offender who9116
has been convicted of or pleaded guilty to a misdemeanor on9117
probation or in favor of otherwise suspending the offender's9118
sentence of imprisonment pursuant to division (A) of section9119
2929.51 of the Revised Code:9120

       (1) The offense neither caused nor threatened serious harm9121
to persons or property, or the offender did not contemplate that9122
it would do so.9123

       (2) The offense was the result of circumstances unlikely to9124
recur.9125

       (3) The victim of the offense induced or facilitated it.9126

       (4) There are substantial grounds tending to excuse or9127
justify the offense, though failing to establish a defense.9128

       (5) The offender acted under strong provocation.9129

       (6) The offender has no history of prior delinquency or9130
criminal activity, or has led a law-abiding life for a substantial9131
period before commission of the present offense.9132

       (7) The offender is likely to respond affirmatively to9133
probationary or other court-imposed treatment.9134

       (8) The character and attitudes of the offender indicate9135
that the offender is unlikely to commit another offense.9136

       (9) The offender has made or will make restitution or9137
reparation to the victim of the offender's offense for the injury,9138
damage, or loss sustained.9139

       (10) Imprisonment of the offender will entail undue hardship9140
to the offender or the offender's dependents.9141

       (C)(1) When an offender who has been convicted of or pleaded9142
guilty to a misdemeanor is placed on probation or the sentence of9143
that type of offender otherwise is suspended pursuant to division9144
(A) of section 2929.51 of the Revised Code, the probation or other9145
suspension shall be at least on condition that, during the period9146
of probation or other suspension, the offender shall abide by the9147
law and shall not leave the state without the permission of the9148
court or the offender's probation officer. In the interests of9149
doing justice, rehabilitating the offender, and ensuring the9150
offender's good behavior, the court may impose additional9151
requirements on the offender. Compliance with the additional9152
requirements imposed under this division also shall be a condition9153
of the offender's probation or other suspension. The additional9154
requirements so imposed may include, but shall not be limited to,9155
any of the following:9156

       (a) A requirement that the offender make restitution9157
pursuant to section 2929.21 of the Revised Code for all or part of9158
the property damage that is caused by the offender's offense and9159
for all or part of the value of the property that is the subject9160
of any theft offense that the offender committed;9161

       (b) If the offense is a violation of section 2919.25 or a9162
violation of section 2903.13 of the Revised Code involving a9163
person who was a family or household member at the time of the9164
violation, if the offender committed the offense in the vicinity9165
of one or more children who are not victims of the offense, and if9166
the offender or the victim of the offense is a parent, guardian,9167
custodian, or person in loco parentis of one or more of those9168
children, a requirement that the offender obtain counseling. This9169
division does not limit the court in imposing a requirement that9170
the offender obtain counseling for any offense or in any9171
circumstance not specified in this division.9172

       (c) A requirement that the offender not ingest or be9173
injected with a drug of abuse and submit to random drug testing9174
and requiring that the results of the drug test indicate that the9175
offender did not ingest or was not injected with a drug of abuse.9176
If the court requires the offender to submit to random drug9177
testing under division (C)(1)(c) of this section, the county9178
department of probation, the multicounty department of probation,9179
or the adult parole authority, as appropriate, that has general9180
control and supervision of offenders who are on probation or other9181
suspension or are under a nonresidential sanction, shall cause the9182
offender to submit to random drug testing pursuant to section9183
2951.05 of the Revised Code.9184

       (2) During the period of a misdemeanor offender's probation9185
or other suspension or during the period of a felon's9186
nonresidential sanction, authorized probation officers who are9187
engaged within the scope of their supervisory duties or9188
responsibilities may search, with or without a warrant, the person9189
of the offender, the place of residence of the offender, and a9190
motor vehicle, another item of tangible or intangible personal9191
property, or other real property in which the offender has a9192
right, title, or interest or for which the offender has the9193
express or implied permission of a person with a right, title, or9194
interest to use, occupy, or possess if the probation officers have9195
reasonable grounds to believe that the offender is not abiding by9196
the law or otherwise is not complying with the conditions of the9197
offender's probation or other suspension or the conditions of the9198
offender's nonresidential sanction. If a felon who is sentenced9199
to a nonresidential sanction is under the general control and9200
supervision of the adult parole authority, as described in9201
division (A)(2)(a) of section 2929.15 of the Revised Code, adult9202
parole authority field officers with supervisory responsibilities9203
over the felon shall have the same search authority relative to9204
the felon during the period of the sanction as is described under9205
this division for probation officers. The court that places the9206
offender on probation or suspends the misdemeanor offender's9207
sentence of imprisonment pursuant to division (D)(2) or (4) of9208
section 2929.51 of the Revised Code or that sentences the felon to9209
a nonresidential sanction pursuant to section 2929.17 of the9210
Revised Code shall provide the offender with a written notice that9211
informs the offender that authorized probation officers or adult9212
parole authority field officers with supervisory responsibilities9213
over the offender who are engaged within the scope of their9214
supervisory duties or responsibilities may conduct those types of9215
searches during the period of probation or other suspension or9216
during the period of the nonresidential sanction if they have9217
reasonable grounds to believe that the offender is not abiding by9218
the law or otherwise is not complying with the conditions of the9219
offender's probation or other suspension or the conditions of the9220
offender's nonresidential sanction.9221

       (D) The following do not control the court's discretion but9222
the court shall consider them against placing an offender who has9223
been convicted of or pleaded guilty to a misdemeanor on probation9224
and against otherwise suspending the offender's sentence of9225
imprisonment pursuant to division (A) of section 2929.51 of the9226
Revised Code:9227

       (1) The offender recently violated the conditions of pardon,9228
post-release control pursuant to section 2967.28 of the Revised9229
Code, or a probation or suspension pursuant to division (A) of9230
section 2929.51 of the Revised Code, previously granted the9231
offender.9232

       (2) There is a substantial risk that, while at liberty9233
during the period of probation or other suspension, the offender9234
will commit another offense.9235

       (3) The offender is in need of correctional or9236
rehabilitative treatment that can be provided best by the9237
offender's commitment to a locally governed and operated9238
residential facility.9239

       (4) Regardless of whether the offender knew the age of the9240
victim, the victim of the offense was sixty-five years of age or9241
older or permanently and totally disabled at the time of the9242
commission of the offense.9243

       (E) The criteria listed in divisions (B) and (D) of this9244
section shall not be construed to limit the matters that may be9245
considered in determining whether to suspend sentence of9246
imprisonment and place an offender who has been convicted of or9247
pleaded guilty to a misdemeanor on probation or whether to9248
otherwise suspend the offender's sentence of imprisonment pursuant9249
to division (A) of section 2929.51 of the Revised Code.9250

       (F)(1) When an offender is convicted of or pleads guilty to9251
a misdemeanor, the court may require the offender, as a condition9252
of probation or as a condition of otherwise suspending the9253
offender's sentence pursuant to division (A) of section 2929.51 of9254
the Revised Code, in addition to the conditions of probation or9255
other suspension imposed pursuant to division (C) of this section,9256
to perform supervised community service work under the authority9257
of health districts, park districts, counties, municipal9258
corporations, townships, other political subdivisions of the9259
state, or agencies of the state or any of its political9260
subdivisions, or under the authority of charitable organizations9261
that render services to the community or its citizens, in9262
accordance with this division. Supervised community service work9263
shall not be required as a condition of probation or other9264
suspension under this division unless the offender agrees to9265
perform the work offered as a condition of probation or other9266
suspension by the court. The court may require an offender who9267
agrees to perform the work to pay to it a reasonable fee to cover9268
the costs of the offender's participation in the work, including,9269
but not limited to, the costs of procuring a policy or policies of9270
liability insurance to cover the period during which the offender9271
will perform the work.9272

       A court may permit any offender convicted of a misdemeanor to9273
satisfy the payment of a fine imposed for the offense by9274
performing supervised community service work as described in this9275
division if the offender requests an opportunity to satisfy the9276
payment by this means and if the court determines the offender is9277
financially unable to pay the fine.9278

       The supervised community service work that may be imposed9279
under this division shall be subject to the following limitations:9280

       (a) The court shall fix the period of the work and, if9281
necessary, shall distribute it over weekends or over other9282
appropriate times that will allow the offender to continue at the9283
offender's occupation or to care for the offender's family. The9284
period of the work as fixed by the court shall not exceed an9285
aggregate of two hundred hours.9286

       (b) An agency, political subdivision, or charitable9287
organization must agree to accept the offender for the work before9288
the court requires the offender to perform the work for the9289
entity. A court shall not require an offender to perform9290
supervised community service work for an agency, political9291
subdivision, or charitable organization at a location that is an9292
unreasonable distance from the offender's residence or domicile,9293
unless the offender is provided with transportation to the9294
location where the work is to be performed.9295

       (c) A court may enter into an agreement with a county9296
department of job and family services for the management,9297
placement, and supervision of offenders eligible for community9298
service work in work activities, developmental activities, and9299
alternative work activities under sections 5107.40 to 5107.69 of9300
the Revised Code. If a court and a county department of job and9301
family services have entered into an agreement of that nature, the9302
clerk of that court is authorized to pay directly to the county9303
department all or a portion of the fees collected by the court9304
pursuant to this division in accordance with the terms of its9305
agreement.9306

       (d) Community service work that a court requires under this9307
division shall be supervised by an official of the agency,9308
political subdivision, or charitable organization for which the9309
work is performed or by a person designated by the agency,9310
political subdivision, or charitable organization. The official9311
or designated person shall be qualified for the supervision by9312
education, training, or experience, and periodically shall report,9313
in writing, to the court and to the offender's probation officer9314
concerning the conduct of the offender in performing the work.9315

       (2) When an offender is convicted of a felony, the court may9316
impose pursuant to sections 2929.15 and 2929.17 of the Revised9317
Code a sanction that requires the offender to perform supervised9318
community service work in accordance with this division and under9319
the authority of any agency, political subdivision, or charitable9320
organization as described in division (F)(1) of this section. The9321
court may require an offender who is ordered to perform the work9322
to pay to it a reasonable fee to cover the costs of the offender's9323
participation in the work, including, but not limited to, the9324
costs of procuring a policy or policies of liability insurance to9325
cover the period during which the offender will perform the work.9326

       A court may permit an offender convicted of a felony to9327
satisfy the payment of a fine imposed for the offense pursuant to9328
section 2929.18 of the Revised Code by performing supervised9329
community service work as described in this division if the court9330
determines that the offender is financially unable to pay the9331
fine.9332

       The supervised community service work that may be imposed9333
under this division shall be subject to the limitations specified9334
in divisions (F)(1)(a) to (d) of this section, except that the9335
court is not required to obtain the agreement of the offender to9336
impose supervised community work as a sanction. Additionally, the9337
total of any period of supervised community service work imposed9338
on an offender under this division plus the period of all other9339
sanctions imposed pursuant to sections 2929.15, 2929.16, 2929.17,9340
and 2929.18 of the Revised Code shall not exceed five years.9341

       (G)(1) When an offender is convicted of a violation of9342
section 4511.19 of the Revised Code, a municipal ordinance9343
relating to operating a vehicle while under the influence of9344
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a9345
municipal ordinance relating to operating a vehicle with a9346
prohibited concentration of alcohol in the blood, breath, or9347
urine, the court may require, as a condition of probation in9348
addition to the required conditions of probation and the9349
discretionary conditions of probation that may be imposed pursuant9350
to division (C) of this section, any suspension or revocation of a9351
driver's or commercial driver's license or permit or nonresident9352
operating privilege, and all other penalties provided by law or by9353
ordinance, that the offender operate only a motor vehicle equipped9354
with an ignition interlock device that is certified pursuant to9355
section 4511.834510.43 of the Revised Code.9356

       (2) When a court requires an offender, as a condition of9357
probation pursuant to division (G)(1) of this section, to operate9358
only a motor vehicle equipped with an ignition interlock device9359
that is certified pursuant to section 4511.834510.43 of the9360
Revised Code, the offender immediately shall surrender the9361
offender's driver's or commercial driver's license or permit to9362
the court. Upon the receipt of the offender's license or permit,9363
the court shall issue an order authorizing the offender to operate9364
a motor vehicle equipped with a certified ignition interlock9365
device, deliver the offender's license or permit to the bureau of9366
motor vehicles, and include in the abstract of the case forwarded9367
to the bureau pursuant to section 4507.0214510.036 of the Revised9368
Code the conditions of probation imposed pursuant to division9369
(G)(1) of this section. The court shall give the offender a copy9370
of its order, and that copy shall be used by the offender in lieu9371
of a driver's or commercial driver's license or permit until the9372
bureau issues a restricted license to the offender.9373

       (3) Upon receipt of an offender's driver's or commercial9374
driver's license or permit pursuant to division (G)(2) of this9375
section, the bureau of motor vehicles shall issue a restricted9376
license to the offender. The restricted license shall be9377
identical to the surrendered license, except that it shall have9378
printed on its face a statement that the offender is prohibited9379
from operating a motor vehicle that is not equipped with an9380
ignition interlock device that is certified pursuant to section9381
4511.834510.43 of the Revised Code. The bureau shall deliver the9382
offender's surrendered license or permit to the court upon receipt9383
of a court order requiring it to do so, or reissue the offender's9384
license or permit under section 4507.544510.52 of the Revised9385
Code if the registrar destroyed the offender's license or permit9386
under that section. The offender shall surrender the restricted9387
license to the court upon receipt of the offender's surrendered9388
license or permit.9389

       (4) If an offender violates a requirement of the court9390
imposed under division (G)(1) of this section, the court may9391
impose a class seven suspension of the offender's driver's or9392
commercial driver's license or permit or nonresident operating9393
privilege may be suspended as provided infrom the range specified9394
in division (A)(7) of section 4507.164510.02 of the Revised Code.9395
On a second or subsequent violation, the court may impose a class9396
four suspension of the offender's driver's or commercial driver's9397
license or permit or nonresident operating privilege from the9398
range specified in division (A)(4) of section 4510.02 of the9399
Revised Code.9400

       (H) As used in this section:9401

       (1) "Repeat offender" and "dangerous offender" have the same9402
meanings as in section 2935.36 of the Revised Code.9403

       (2) "Firearm" and "dangerous ordnance" have the same9404
meanings as in section 2923.11 of the Revised Code.9405

       (3) "Theft offense" has the same meaning as in section9406
2913.01 of the Revised Code.9407

       (4) "Random drug testing" has the same meaning as in section9408
5120.63 of the Revised Code.9409

       (5) "Ignition interlock device" has the same meaning as in9410
section 4511.834510.01 of the Revised Code.9411

       Sec. 2953.31.  As used in sections 2953.31 to 2953.36 of the9412
Revised Code:9413

       (A) "First offender" means anyone who has been convicted of9414
an offense in this state or any other jurisdiction and who9415
previously or subsequently has not been convicted of the same or a9416
different offense in this state or any other jurisdiction. When9417
two or more convictions result from or are connected with the same9418
act or result from offenses committed at the same time, they shall9419
be counted as one conviction. When two or three convictions9420
result from the same indictment, information, or complaint, from9421
the same plea of guilty, or from the same official proceeding, and9422
result from related criminal acts that were committed within a9423
three-month period but do not result from the same act or from9424
offenses committed at the same time, they shall be counted as one9425
conviction, provided that a court may decide as provided in9426
division (C)(1)(a) of section 2953.32 of the Revised Code that it9427
is not in the public interest for the two or three convictions to9428
be counted as one conviction.9429

       For purposes of, and except as otherwise provided in, this9430
division, a conviction for a minor misdemeanor, a conviction for a9431
violation of any section in Chapter 4507.,4510., 4511., 4513., or9432
4549. of the Revised Code, or a conviction for a violation of a9433
municipal ordinance that is substantially similar to any section9434
in those chapters is not a previous or subsequent conviction. A9435
However, a conviction for a violation of section 4511.19,9436
4511.192, 4511.251, 4549.02, 4549.021, 4549.03, 4549.042, or9437
4549.074549.62 or sections 4549.41 to 4549.46 of the Revised9438
Code, or a convictionfor a violation of section 4510.11 or9439
4510.14 of the Revised Code that is based upon the offender's9440
operation of a vehicle during a suspension imposed under section9441
4511.191 or 4511.196 of the Revised Code, for a violation of a9442
substantially equivalent municipal ordinance that is substantially9443
similar to any of those sections, for a felony violation of Title9444
XLV of the Revised Code, or for a violation of a substantially9445
equivalent former law of this state or former municipal ordinance9446
shall be considered a previous or subsequent conviction.9447

       (B) "Prosecutor" means the county prosecuting attorney, city9448
director of law, village solicitor, or similar chief legal9449
officer, who has the authority to prosecute a criminal case in the9450
court in which the case is filed.9451

       (C) "Bail forfeiture" means the forfeiture of bail by a9452
defendant who is arrested for the commission of a misdemeanor,9453
other than a defendant in a traffic case as defined in Traffic9454
Rule 2, if the forfeiture is pursuant to an agreement with the9455
court and prosecutor in the case.9456

       (D) "Official records" has the same meaning as in division9457
(D) of section 2953.51 of the Revised Code.9458

       (E) "Official proceeding" has the same meaning as in section9459
2921.01 of the Revised Code.9460

       Sec. 2953.36.  Sections 2953.31 to 2953.35 of the Revised9461
Code do not apply to any of the following:9462

       (A) Convictions when the offender is subject to a mandatory9463
prison term;9464

       (B) Convictions under section 2907.02, 2907.03, 2907.04,9465
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section9466
2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised9467
Code, or a conviction for a violation of a municipal ordinance9468
that is substantially similar to any section contained in any of9469
those chapters;9470

       (C) convictions of an offense of violence when the offense9471
is a misdemeanor of the first degree or a felony and when the9472
offense is not a violation of section 2917.03 of the Revised Code9473
and is not a violation of section 2903.13, 2917.01 or 2917.31 of9474
the Revised Code that is a misdemeanor of the first degree;9475

       (D) Convictions of an offense in circumstances in which the9476
victim of the offense was under eighteen years of age when the9477
offense is a misdemeanor of the first degree or a felony;9478

       (E) Convictions of a felony of the first or second degree;9479

       (F) Bail forfeitures in a traffic case as defined in Traffic9480
Rule 2.9481

       Sec. 3123.55.  Notice shall be sent to the individual9482
described in section 3123.54 of the Revised Code in compliance9483
with section 3121.23 of the Revised Code. The notice shall9484
specify that a court or agency has determined the individual to be9485
in default under a child support order or that the individual is9486
an obligor under a child support order who has failed to comply9487
with a subpoena or warrant issued by a court or agency with9488
respect to a proceeding to enforce a child support order, that a9489
notice containing the individual's name and social security number9490
or other identification number may be sent to the registrar of9491
motor vehicles, and that, if the registrar receives that notice9492
and determines that the individual is the individual named in that9493
notice and the registrar has not received notice under section9494
3123.56 or 3123.57 of the Revised Code, all of the following will9495
occur:9496

       (A) The registrar and all deputy registrars will be9497
prohibited from issuing to the individual a driver's or commercial9498
driver's license, motorcycle operator's license or endorsement, or9499
temporary instruction permit or commercial driver's temporary9500
instruction permit.9501

       (B) The registrar and all deputy registrars will be9502
prohibited from renewing for the individual a driver's or9503
commercial driver's license, motorcycle operator's license or9504
endorsement, or commercial driver's temporary instruction permit.9505

       (C) If the individual holds a driver's or commercial9506
driver's license, motorcycle operator's license or endorsement, or9507
temporary instruction permit or commercial driver's temporary9508
instruction permit, itthe registrar will be suspendedimpose a9509
class F suspension under division (B)(6) of section 4510.02 of the9510
Revised Code if the registrar determines that the individual is9511
the individual named in the notice sent pursuant to section9512
3123.54 of the Revised Code.9513

       (D) If the individual is the individual named in the notice,9514
the individual will not be issued or have renewed any license,9515
endorsement, or permit, and no suspension will be lifted with9516
respect to any license, endorsement, or permit listed in this9517
section until the registrar receives a notice under section9518
3123.56 or 3123.57 of the Revised Code.9519

       Sec. 3123.58. (A) On receipt of a notice pursuant to9520
section 3123.54 of the Revised Code, the registrar of motor9521
vehicles shall determine whether the individual named in the9522
notice holds or has applied for a driver's license or commercial9523
driver's license, motorcycle operator's license or endorsement, or9524
temporary instruction permit or commercial driver's temporary9525
instruction permit. If the registrar determines that the9526
individual holds or has applied for a license, permit, or9527
endorsement and the individual is the individual named in the9528
notice and does not receive a notice pursuant to section 3123.569529
or 3123.57 of the Revised Code, the registrar immediately shall9530
provide notice of the determination to each deputy registrar. The9531
registrar or a deputy registrar may not issue to the individual a9532
driver's or commercial driver's license, motorcycle operator's9533
license or endorsement, or temporary instruction permit or9534
commercial driver's temporary instruction permit and may not renew9535
for the individual a driver's or commercial driver's license,9536
motorcycle operator's license or endorsement, or commercial9537
driver's temporary instruction permit. The registrar or a deputy9538
registrar also shall suspendimpose a class F suspension of the9539
license, permit, or endorsement held by the individual under9540
division (B)(6) of section 4510.02 of the Revised Code.9541

       (B) Prior to the date specified in section 3123.52 of the9542
Revised Code, the registrar of motor vehicles or a deputy9543
registrar shall do only the following with respect to an9544
individual if the registrar makes the determination required under9545
division (A) of this section and no notice is received concerning9546
the individual under section 3123.56 or 3123.57 of the Revised9547
Code:9548

       (1) Refuse to issue or renew the individual's commercial9549
driver's license or commercial driver's temporary instruction9550
permit;9551

       (2) Impose a class F suspension under division (B)(6) of9552
section 4510.02 of the Revised Code on the individual with respect9553
to the license or permit held by the individual.9554


       Sec. 3123.59.  Not later than seven days after receipt of a9556
notice pursuant to section 3123.56 or 3123.57 of the Revised Code,9557
the registrar of motor vehicles shall notify each deputy registrar9558
of the notice. The registrar and each deputy registrar shall9559
then, if the individual otherwise is eligible for the license,9560
permit, or endorsement and wants the license, permit, or9561
endorsement, issue a license, permit, or endorsement to, or renew9562
a license, permit, or endorsement of, the individual, or, if the9563
registrar imposed a class F suspension of the individual's9564
license, permit, or endorsement was suspended pursuant to division9565
(A) of section 3123.58 of the Revised Code, remove the suspension.9566
On and after the date specified in section 3123.52 of the Revised9567
Code, the registrar or a deputy registrar shall remove, after9568
receipt of a notice under section 3123.56 or 3123.57 of the9569
Revised Code, a disqualificationclass F suspension imposed on an9570
individual with respect to a commercial driver's license or9571
commercial driver's temporary instruction permit pursuant to9572
division (B) of section 3123.6113123.58 of the Revised Code. The9573
registrar or a deputy registrar may charge a fee of not more than9574
twenty-five dollars for issuing or renewing or removing the9575
suspension of a license, permit, or for removing a9576
disqualificationendorsement pursuant to this section. The fees9577
collected by the registrar pursuant to this section shall be paid9578
into the state bureau of motor vehicles fund established in9579
section 4501.25 of the Revised Code.9580

       Sec. 3123.613.  Prior to the date specified in section9581
3123.52 of the Revised Code, instead of the notice provisions9582
described in divisions (A), (B), (C), and (D) of section 3123.559583
of the Revised Code, the notice shall specify that all of the9584
following will occur:9585

       (A) The registrar of motor vehicles and all deputy9586
registrars will be prohibited from issuing to, or renewing for,9587
the individual a commercial driver's license or commercial9588
driver's temporary instruction permit.9589

       (B) If the individual holds a commercial driver's license or9590
commercial driver's temporary instruction permit, the registrar9591
will impose a disqualification as defined inclass F suspension9592
under division (B)(6) of section 4506.014510.02 of the Revised9593
Code with respect to the license or permit if the registrar9594
determines that the individual is the individual named in the9595
notice sent pursuant to section 3123.54 of the Revised Code.9596

       (C) If the individual is the individual named in the notice,9597
the individual will not be issued, and the disqualification will9598
not be removed with respect to, any license or permit listed in9599
this section until the registrar receives a notice under section9600
3123.56 or 3123.57 of the Revised Code.9601

       Sec. 3327.10.  (A) No person shall be employed as driver of9602
a school bus or motor van, owned and operated by any school9603
district or educational service center or privately owned and9604
operated under contract with any school district or service center9605
in this state, who has not received a certificate from the9606
educational service center governing board in case such person is9607
employed by a service center or by a local school district under9608
the supervision of the service center governing board, or by the9609
superintendent of schools, in case such person is employed by the9610
board of a city or exempted village school district, certifying9611
that such person is at least eighteen years of age and is of good9612
moral character and is qualified physically and otherwise for such9613
position. The service center governing board or the9614
superintendent, as the case may be, shall provide for an annual9615
physical examination that conforms with rules adopted by the state9616
board of education of each driver to ascertain histhe driver's9617
physical fitness for such employment. Any certificate may be9618
revoked by the authority granting the same on proof that the9619
holder has been guilty of failing to comply with division (D)(1)9620
of this section, or upon a conviction or a guilty plea for a9621
violation, or any other action, that results in a loss or9622
suspension of driving rights. Failure to comply with such9623
division may be cause for disciplinary action or termination of9624
employment under division (C) of section 3319.081, or section9625
124.34 of the Revised Code.9626

       (B) No person shall be employed as driver of a school bus or9627
motor van not subject to the rules of the department of education9628
pursuant to division (A) of this section who has not received a9629
certificate from the school administrator or contractor certifying9630
that such person is at least eighteen years of age, is of good9631
moral character, and is qualified physically and otherwise for9632
such position. Each driver shall have an annual physical9633
examination which conforms to the state highway patrol rules,9634
ascertaining histhe driver's physical fitness for such9635
employment. Any certificate may be revoked by the authority9636
granting the same on proof that the holder has been guilty of9637
failing to comply with division (D)(2) of this section.9638

       (C) Any person who drives a school bus or motor van must9639
give satisfactory and sufficient bond except a driver who is an9640
employee of a school district and who drives a bus or motor van9641
owned by the school district.9642

       (D) No person employed as driver of a school bus or motor9643
van under this section who is convicted of a traffic violation or9644
who has had histhe person's commercial driver's license suspended9645
or revoked shall drive a school bus or motor van until suchthe9646
person has filed a written notice of suchthe conviction,or9647
suspension, or revocation as follows:9648

       (1) If hethe person is employed under division (A) of this9649
section, suchthe person shall file the notice shall be filed with9650
the superintendent, or a person designated by the superintendent,9651
of the school district for which suchthe person drives a school9652
bus or motor van as an employee or drives a privately owned and9653
operated school bus or motor van under contract.9654

       (2) If employed under division (B) of this section, suchthe9655
person shall file the notice shall be filed with the employing9656
school administrator or contractor, or a person designated by the9657
administrator or contractor.9658

       (E) In addition to resulting in possible revocation of a9659
certificate as authorized by divisions (A) and (B) of this9660
section, a violation of division (D) of this section is a minor9661
misdemeanor.9662

       Sec. 3793.02.  (A) The department of alcohol and drug9663
addiction services shall promote, assist in developing, and9664
coordinate or conduct programs of education and research for the9665
prevention of alcohol and drug addiction and for the treatment,9666
including intervention, of alcoholics and persons who abuse drugs9667
of abuse, including anabolic steroids. Programs established by9668
the department shall include abstinence-based prevention and9669
treatment programs.9670

       (B) In addition to the other duties prescribed by this9671
chapter, the department shall do all of the following:9672

       (1) Promote and coordinate efforts in the provision of9673
alcohol and drug addiction services by other state agencies, as9674
defined in section 1.60 of the Revised Code; courts; hospitals;9675
clinics; physicians in private practice; public health9676
authorities; boards of alcohol, drug addiction, and mental health9677
services; alcohol and drug addiction programs; law enforcement9678
agencies; and related groups;9679

       (2) Provide for education and training in prevention,9680
diagnosis, treatment, and control of alcohol and drug addiction9681
for medical students, physicians, nurses, social workers,9682
professional counselors, psychologists, and other persons who9683
provide alcohol and drug addiction services;9684

       (3) Provide training and consultation for persons who9685
supervise alcohol and drug addiction programs and facilities;9686

       (4) Develop measures for evaluating the effectiveness of9687
alcohol and drug addiction services, including services that use9688
methadone treatment, and for increasing the accountability of9689
alcohol and drug addiction programs;9690

       (5) Provide to each court of record, and biennially update,9691
a list of the treatment and education programs within that court's9692
jurisdiction that the court may require an offender, sentenced9693
pursuant to division (A) of section 4511.994511.19 of the Revised9694
Code, to attend;9695

       (6) Print and distribute the warning sign described in9696
sections 3313.752, 3345.41, and 3707.50 of the Revised Code.9697

       (C) The department may accept and administer grants from9698
public or private sources for carrying out any of the duties9699
enumerated in this section.9700

       (D) Pursuant to Chapter 119. of the Revised Code, the9701
department shall adopt a rule defining the term "intervention" as9702
it is used in this chapter in connection with alcohol and drug9703
addiction services. The department may adopt other rules as9704
necessary to implement the requirements of this chapter.9705

       Sec. 3793.10.  A drivers' intervention program may be used as9706
an alternative to a term of imprisonment for an offender sentenced9707
pursuant to division (A)(1)(G)(1)(a) of section 4511.994511.19 of9708
the Revised Code, if it is certified by the director of alcohol9709
and drug addiction services pursuant to this section. No drivers'9710
intervention program shall be used as an alternative to a term of9711
imprisonment that is imposed pursuant to division (A)(2), (3),9712
(4), (6), (7)(G)(1)(b), (c), (d), or (8)(e) of section 4511.999713
4511.19 of the Revised Code.9714

       To qualify for certification by the director and to receive9715
funds from the statewide treatment and prevention fund created by9716
section 4301.30 of the Revised Code in any amounts and at any9717
times that the director determines are appropriate, a drivers'9718
intervention program shall meet state minimum standards that the9719
director shall establish by rule. The rules shall include, but9720
are not limited to, standards governing program course hours and9721
content, qualifications of program personnel, methods of9722
identifying and testing participants to isolate participants with9723
alcohol and drug abuse problems, referral of such persons to9724
alcohol and drug addiction programs, the prompt notification of9725
courts by program operators of the completion of the programs by9726
persons required by courts to attend them, and record keeping,9727
including methods of tracking participants for a reasonable time9728
after they have left the program.9729

       The director shall issue a certificate to any qualified9730
drivers' intervention program. The certificate is valid for three9731
years.9732

       Sec. 3937.31.  (A) Every automobile insurance policy shall9733
be issued for a period of not less than two years or guaranteed9734
renewable for successive policy periods totaling not less than two9735
years. Where renewal is mandatory, "cancellation," as used in9736
sections 3937.30 to 3937.39 of the Revised Code, includes refusal9737
to renew a policy with at least the coverages, included insureds,9738
and policy limits provided at the end of the next preceding policy9739
period. No insurer may cancel any such policy except pursuant to9740
the terms of the policy, and in accordance with sections 3937.309741
to 3937.39 of the Revised Code, and for one or more of the9742
following reasons:9743

       (1) Misrepresentation by the insured to the insurer of any9744
material fact in the procurement or renewal of the insurance or in9745
the submission of claims thereunder;9746

       (2) Loss of driving privileges through suspension,9747
revocation, or expiration of the driver's or commercial driver's9748
license of the named insured or any member of the named insured's9749
family covered as a driver; provided that the insurer shall9750
continue the policy in effect but exclude by endorsement all9751
coverage as to the person whose driver's license has been9752
suspended or revoked or has expired, if the person is other than9753
the named insured or the principal operator;9754

       (3) Nonpayment of premium, which means failure of the named9755
insured to discharge when due any of the named insured's9756
obligations in connection with the payment of premiums on a9757
policy, or any installment of such premiums, whether the premium9758
is payable directly to the insurer or its agent or indirectly9759
under any premium finance plan or extension of credit;9760

       (4) The place of residence of the insured or the state of9761
registration or license of the insured automobile is changed to a9762
state or country in which the insurer is not authorized to write9763
automobile coverage.9764

       This section does not apply in the case of a cancellation if9765
the insurer has indicated its willingness to issue a new policy9766
within the same insurer or within another insurer under the same9767
ownership or management as that of the insurer that has issued the9768
cancellation.9769

       (B) Sections 3937.30 to 3937.39 of the Revised Code do not9770
prohibit:9771

       (1) Changes in coverage or policy limits, cancellation, or9772
nonrenewal for any reason at the request or with the consent of9773
the insured;9774

       (2) Lawful surcharges, adjustments, or other changes in9775
premium;9776

       (3) Policy modification to all policies issued to a9777
classification of risk which do not effect a withdrawal or9778
reduction in the initial coverage or policy limits;9779

       (4) An insurer's refusing for any reason to renew a policy9780
upon its expiration at the end of any mandatory period, provided9781
such nonrenewal complies with the procedure set forth in section9782
3937.34 of the Revised Code.9783

       (C) Sections 3937.30 to 3937.39 of the Revised Code do not9784
apply to any policy or coverage that has been in effect less than9785
ninety days at the time notice of cancellation is mailed by the9786
insurer, unless it is a renewal policy.9787

       (D) Renewal of a policy does not constitute a waiver or9788
estoppel with respect to grounds for cancellation that existed9789
before the effective date of such renewal.9790

       (E) Nothing in this section prohibits an insurer from9791
incorporating into a policy any changes that are permitted or9792
required by this section or other sections of the Revised Code at9793
the beginning of any policy period within the two-year period set9794
forth in division (A) of this section.9795

       Sec. 4301.99.  (A) Whoever violates section 4301.47,9796
4301.48, 4301.49, 4301.62, or 4301.70 or division (B) of section9797
4301.691 of the Revised Code is guilty of a minor misdemeanor.9798

       (B) Whoever violates section 4301.15, division (A)(2) or (D)9799
of section 4301.22, division (C), (D), (E), (F), (G), (H), or (I)9800
of section 4301.631, or section 4301.64 or 4301.67 of the Revised9801
Code is guilty of a misdemeanor of the fourth degree.9802

       If an offender who violates section 4301.64 of the Revised9803
Code was under the age of eighteen years at the time of the9804
offense, the court, in addition to any other penalties it imposes9805
upon the offender, shall suspendimpose a class seven suspension9806
of the offender's temporary instruction permit, probationary9807
driver's license, or driver's license for a period of six months9808
from the range specified in division (A)(7) of section 4510.02 of9809
the Revised Code. If the offender is fifteen years and six months9810
of age or older and has not been issued a temporary instruction9811
permit or probationary driver's license, the offender shall not be9812
eligible to be issued such a license or permit for a period of six9813
months. If the offender has not attained the age of fifteen years9814
and six months, the offender shall not be eligible to be issued a9815
temporary instruction permit until the offender attains the age of9816
sixteen years.9817

       (C) Whoever violates division (D) of section 4301.21, or9818
section 4301.251, 4301.58, 4301.59, 4301.60, 4301.632, 4301.633,9819
4301.66, 4301.68, or 4301.74, division (B), (C), (D), (E), or (F)9820
of section 4301.69 of the Revised Code, or division (C), (D), (E),9821
(F), (G), or (I) of section 4301.691 of the Revised Code is guilty9822
of a misdemeanor of the first degree.9823

       If an offender who violates section 4301.632 of the Revised9824
Code was under the age of eighteen years at the time of the9825
offense and the offense occurred while the offender was the9826
operator of or a passenger in a motor vehicle, the court, in9827
addition to any other penalties it imposes upon the offender,9828
shall suspendimpose a class seven suspension of the offender's9829
temporary instruction permit or probationary driver's license for9830
a period of six monthsfrom the range specified in division (A)(7)9831
of section 4510.02 of the Revised Code. If the offender is9832
fifteen years and six months of age or older and has not been9833
issued a temporary instruction permit or probationary driver's9834
license, the offender shall not be eligible to be issued such a9835
license or permit for a period of six months. If the offender has9836
not attained the age of fifteen years and six months, the offender9837
shall not be eligible to be issued a temporary instruction permit9838
until the offender attains the age of sixteen years.9839

       (D) Whoever violates division (B) of section 4301.14, or9840
division (A)(1) or (3), (B), or (C) of section 4301.22 of the9841
Revised Code is guilty of a misdemeanor of the third degree.9842

       (E) Whoever violates section 4301.63 or division (B) of9843
section 4301.631 of the Revised Code shall be fined not less than9844
twenty-five nor more than one hundred dollars. The court imposing9845
a fine for a violation of section 4301.63 or division (B) of9846
section 4301.631 of the Revised Code may order that the fine be9847
paid by the performance of public work at a reasonable hourly rate9848
established by the court. The court shall designate the time9849
within which the public work shall be completed.9850

       (F)(1) Whoever violates section 4301.634 of the Revised Code9851
is guilty of a misdemeanor of the first degree. If, in committing9852
a first violation of that section, the offender presented to the9853
permit holder or the permit holder's employee or agent a false,9854
fictitious, or altered identification card, a false or fictitious9855
driver's license purportedly issued by any state, or a driver's9856
license issued by any state that has been altered, the offender is9857
guilty of a misdemeanor of the first degree and shall be fined not9858
less than two hundred fifty and not more than one thousand9859
dollars, and may be sentenced to a term of imprisonment of not9860
more than six months.9861

       (2) On a second violation in which, for the second time, the9862
offender presented to the permit holder or the permit holder's9863
employee or agent a false, fictitious, or altered identification9864
card, a false or fictitious driver's license purportedly issued by9865
any state, or a driver's license issued by any state that has been9866
altered, the offender is guilty of a misdemeanor of the first9867
degree and shall be fined not less than five hundred nor more than9868
one thousand dollars, and may be sentenced to a term of9869
imprisonment of not more than six months. The court also may9870
suspendimpose a class seven suspension of the offender's driver's9871
or commercial driver's license or permit or nonresident operating9872
privilege or deny the offender the opportunity to be issued a9873
driver's or commercial driver's license for a period not exceeding9874
sixty daysfrom the range specified in division (A)(7) of section9875
4510.02 of the Revised Code.9876

       (3) On a third or subsequent violation in which, for the9877
third or subsequent time, the offender presented to the permit9878
holder or the permit holder's employee or agent a false,9879
fictitious, or altered identification card, a false or fictitious9880
driver's license purportedly issued by any state, or a driver's9881
license issued by any state that has been altered, the offender is9882
guilty of a misdemeanor of the first degree and shall be fined not9883
less than five hundred nor more than one thousand dollars, and may9884
be sentenced to a term of imprisonment of not more than six9885
months. The court also shall suspendimpose a class six9886
suspension of the offender's driver's or commercial driver's9887
license or permit or nonresident operating privilege or deny the9888
offender the opportunity to be issued a driver's or commercial9889
driver's license for a period of ninety daysfrom the range9890
specified in division (A)(6) of section 4510.02 of the Revised9891
Code, and the court may order that the suspension or denial remain9892
in effect until the offender attains the age of twenty-one years.9893
The court also may order the offender to perform a determinate9894
number of hours of community service, with the court determining9895
the actual number of hours and the nature of the community service9896
the offender shall perform.9897

       (G) Whoever violates section 4301.636 of the Revised Code is9898
guilty of a felony of the fifth degree.9899

       (H) Whoever violates division (A)(1) of section 4301.22 of9900
the Revised Code is guilty of a misdemeanor, shall be fined not9901
less than five hundred and not more than one thousand dollars,9902
and, in addition to the fine, may be imprisoned for a definite9903
term of not more than sixty days.9904

       (I) Whoever violates division (A) of section 4301.69 or9905
division (H) of section 4301.691 of the Revised Code is guilty of9906
a misdemeanor, shall be fined not less than five hundred and not9907
more than one thousand dollars, and, in addition to the fine, may9908
be imprisoned for a definite term of not more than six months.9909

       Sec. 4501.01.  As used in this chapter and Chapters 4503.,9910
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the9911
Revised Code, and in the penal laws, except as otherwise provided:9912

       (A) "Vehicles" means everything on wheels or runners,9913
including motorized bicycles, but does not mean vehicles that are9914
operated exclusively on rails or tracks or from overhead electric9915
trolley wires and vehicles that belong to any police department,9916
municipal fire department, or volunteer fire department, or that9917
are used by such a department in the discharge of its functions.9918

       (B) "Motor vehicle" means any vehicle, including mobile9919
homes and recreational vehicles, that is propelled or drawn by9920
power other than muscular power or power collected from overhead9921
electric trolley wires. "Motor vehicle" does not include9922
motorized bicycles, road rollers, traction engines, power shovels,9923
power cranes, and other equipment used in construction work and9924
not designed for or employed in general highway transportation,9925
well-drilling machinery, ditch-digging machinery, farm machinery,9926
trailers that are used to transport agricultural produce or9927
agricultural production materials between a local place of storage9928
or supply and the farm when drawn or towed on a public road or9929
highway at a speed of twenty-five miles per hour or less,9930
threshing machinery, hay-baling machinery, corn sheller,9931
hammermill and agricultural tractors, machinery used in the9932
production of horticultural, agricultural, and vegetable products,9933
and trailers that are designed and used exclusively to transport a9934
boat between a place of storage and a marina, or in and around a9935
marina, when drawn or towed on a public road or highway for a9936
distance of no more than ten miles and at a speed of twenty-five9937
miles per hour or less.9938

       (C) "Agricultural tractor" and "traction engine" mean any9939
self-propelling vehicle that is designed or used for drawing other9940
vehicles or wheeled machinery, but has no provisions for carrying9941
loads independently of such other vehicles, and that is used9942
principally for agricultural purposes.9943

       (D) "Commercial tractor," except as defined in division (C)9944
of this section, means any motor vehicle that has motive power and9945
either is designed or used for drawing other motor vehicles, or is9946
designed or used for drawing another motor vehicle while carrying9947
a portion of the other motor vehicle or its load, or both.9948

       (E) "Passenger car" means any motor vehicle that is designed9949
and used for carrying not more than nine persons and includes any9950
motor vehicle that is designed and used for carrying not more than9951
fifteen persons in a ridesharing arrangement.9952

       (F) "Collector's vehicle" means any motor vehicle or9953
agricultural tractor or traction engine that is of special9954
interest, that has a fair market value of one hundred dollars or9955
more, whether operable or not, and that is owned, operated,9956
collected, preserved, restored, maintained, or used essentially as9957
a collector's item, leisure pursuit, or investment, but not as the9958
owner's principal means of transportation. "Licensed collector's9959
vehicle" means a collector's vehicle, other than an agricultural9960
tractor or traction engine, that displays current, valid license9961
tags issued under section 4503.45 of the Revised Code, or a9962
similar type of motor vehicle that displays current, valid license9963
tags issued under substantially equivalent provisions in the laws9964
of other states.9965

       (G) "Historical motor vehicle" means any motor vehicle that9966
is over twenty-five years old and is owned solely as a collector's9967
item and for participation in club activities, exhibitions, tours,9968
parades, and similar uses, but that in no event is used for9969
general transportation.9970

       (H) "Noncommercial motor vehicle" means any motor vehicle,9971
including a farm truck as defined in section 4503.04 of the9972
Revised Code, that is designed by the manufacturer to carry a load9973
of no more than one ton and is used exclusively for purposes other9974
than engaging in business for profit.9975

       (I) "Bus" means any motor vehicle that has motor power and9976
is designed and used for carrying more than nine passengers,9977
except any motor vehicle that is designed and used for carrying9978
not more than fifteen passengers in a ridesharing arrangement.9979

       (J) "Commercial car" or "truck" means any motor vehicle that9980
has motor power and is designed and used for carrying merchandise9981
or freight, or that is used as a commercial tractor.9982

       (K) "Bicycle" means every device, other than a tricycle that9983
is designed solely for use as a play vehicle by a child, that is9984
propelled solely by human power upon which any person may ride,9985
and that has either two tandem wheels, or one wheel in front and9986
two wheels in the rear, any of which is more than fourteen inches9987
in diameter.9988

       (L) "Motorized bicycle" means any vehicle that either has9989
two tandem wheels or one wheel in the front and two wheels in the9990
rear, that is capable of being pedaled, and that is equipped with9991
a helper motor of not more than fifty cubic centimeters piston9992
displacement that produces no more than one brake horsepower and9993
is capable of propelling the vehicle at a speed of no greater than9994
twenty miles per hour on a level surface.9995

       (M) "Trailer" means any vehicle without motive power that is9996
designed or used for carrying property or persons wholly on its9997
own structure and for being drawn by a motor vehicle, and includes9998
any such vehicle that is formed by or operated as a combination of9999
a semitrailer and a vehicle of the dolly type such as that10000
commonly known as a trailer dolly, a vehicle used to transport10001
agricultural produce or agricultural production materials between10002
a local place of storage or supply and the farm when drawn or10003
towed on a public road or highway at a speed greater than10004
twenty-five miles per hour, and a vehicle that is designed and10005
used exclusively to transport a boat between a place of storage10006
and a marina, or in and around a marina, when drawn or towed on a10007
public road or highway for a distance of more than ten miles or at10008
a speed of more than twenty-five miles per hour. "Trailer" does10009
not include a manufactured home or travel trailer.10010

       (N) "Noncommercial trailer" means any trailer, except a10011
travel trailer or trailer that is used to transport a boat as10012
described in division (B) of this section, but, where applicable,10013
includes a vehicle that is used to transport a boat as described10014
in division (M) of this section, that has a gross weight of no10015
more than three thousand pounds, and that is used exclusively for10016
purposes other than engaging in business for a profit.10017

       (O) "Mobile home" means a building unit or assembly of10018
closed construction that is fabricated in an off-site facility, is10019
more than thirty-five body feet in length or, when erected on10020
site, is three hundred twenty or more square feet, is built on a10021
permanent chassis, is transportable in one or more sections, and10022
does not qualify as a manufactured home as defined in division10023
(C)(4) of section 3781.06 of the Revised Code or as an10024
industrialized unit as defined in division (C)(3) of section10025
3781.06 of the Revised Code.10026

       (P) "Semitrailer" means any vehicle of the trailer type that10027
does not have motive power and is so designed or used with another10028
and separate motor vehicle that in operation a part of its own10029
weight or that of its load, or both, rests upon and is carried by10030
the other vehicle furnishing the motive power for propelling10031
itself and the vehicle referred to in this division, and includes,10032
for the purpose only of registration and taxation under those10033
chapters, any vehicle of the dolly type, such as a trailer dolly,10034
that is designed or used for the conversion of a semitrailer into10035
a trailer.10036

       (Q) "Recreational vehicle" means a vehicular portable10037
structure that meets all of the following conditions:10038

       (1) It is designed for the sole purpose of recreational10039
travel.10040

       (2) It is not used for the purpose of engaging in business10041
for profit.10042

       (3) It is not used for the purpose of engaging in intrastate10043
commerce.10044

       (4) It is not used for the purpose of commerce as defined in10045
49 C.F.R. 383.5, as amended.10046

       (5) It is not regulated by the public utilities commission10047
pursuant to Chapter 4919., 4921., or 4923. of the Revised Code.10048

       (6) It is classed as one of the following:10049

       (a) "Travel trailer" means a nonself-propelled recreational10050
vehicle that does not exceed an overall length of thirty-five10051
feet, exclusive of bumper and tongue or coupling, and contains10052
less than three hundred twenty square feet of space when erected10053
on site. "Travel trailer" includes a tent-type fold-out camping10054
trailer as defined in section 4517.01 of the Revised Code.10055

       (b) "Motor home" means a self-propelled recreational vehicle10056
that has no fifth wheel and is constructed with permanently10057
installed facilities for cold storage, cooking and consuming of10058
food, and for sleeping.10059

       (c) "Truck camper" means a nonself-propelled recreational10060
vehicle that does not have wheels for road use and is designed to10061
be placed upon and attached to a motor vehicle. "Truck camper"10062
does not include truck covers that consist of walls and a roof,10063
but do not have floors and facilities enabling them to be used as10064
a dwelling.10065

       (d) "Fifth wheel trailer" means a vehicle that is of such10066
size and weight as to be movable without a special highway permit,10067
that has a gross trailer area of four hundred square feet or less,10068
that is constructed with a raised forward section that allows a10069
bi-level floor plan, and that is designed to be towed by a vehicle10070
equipped with a fifth-wheel hitch ordinarily installed in the bed10071
of a truck.10072

       (e) "Park trailer" means a vehicle that is commonly known as10073
a park model recreational vehicle, meets the American national10074
standard institute standard A119.5 (1988) for park trailers, is10075
built on a single chassis, has a gross trailer area of four10076
hundred square feet or less when set up, is designed for seasonal10077
or temporary living quarters, and may be connected to utilities10078
necessary for the operation of installed features and appliances.10079

       (R) "Pneumatic tires" means tires of rubber and fabric or10080
tires of similar material, that are inflated with air.10081

       (S) "Solid tires" means tires of rubber or similar elastic10082
material that are not dependent upon confined air for support of10083
the load.10084

       (T) "Solid tire vehicle" means any vehicle that is equipped10085
with two or more solid tires.10086

       (U) "Farm machinery" means all machines and tools that are10087
used in the production, harvesting, and care of farm products, and10088
includes trailers that are used to transport agricultural produce10089
or agricultural production materials between a local place of10090
storage or supply and the farm when drawn or towed on a public10091
road or highway at a speed of twenty-five miles per hour or less.10092

       (V) "Owner" includes any person, firm, or corporation other10093
than a manufacturer or dealer that has title to a motor vehicle,10094
except that in sections 4505.01 to 4505.19 of the Revised Code,10095
"owner" includes in addition manufacturers and dealers.10096

       (W) "Manufacturer" and "dealer" include all persons, firms,10097
and corporations that are regularly engaged in the business of10098
manufacturing, selling, displaying, offering for sale, or dealing10099
in motor vehicles, at an established place of business that is10100
used exclusively for the purpose of manufacturing, selling,10101
displaying, offering for sale, or dealing in motor vehicles. A10102
place of business that is used for manufacturing, selling,10103
displaying, offering for sale, or dealing in motor vehicles shall10104
be deemed to be used exclusively for those purposes even though10105
snowmobiles or all-purpose vehicles are sold or displayed for sale10106
thereat, even though farm machinery is sold or displayed for sale10107
thereat, or even though repair, accessory, gasoline and oil,10108
storage, parts, service, or paint departments are maintained10109
thereat, or, in any county having a population of less than10110
seventy-five thousand persons at the last federal census, even10111
though a department in a place of business is used to dismantle,10112
salvage, or rebuild motor vehicles by means of used parts, if such10113
departments are operated for the purpose of furthering and10114
assisting in the business of manufacturing, selling, displaying,10115
offering for sale, or dealing in motor vehicles. Places of10116
business or departments in a place of business used to dismantle,10117
salvage, or rebuild motor vehicles by means of using used parts10118
are not considered as being maintained for the purpose of10119
assisting or furthering the manufacturing, selling, displaying,10120
and offering for sale or dealing in motor vehicles.10121

       (X) "Operator" includes any person who drives or operates a10122
motor vehicle upon the public highways.10123

       (Y) "Chauffeur" means any operator who operates a motor10124
vehicle, other than a taxicab, as an employee for hire; or any10125
operator whether or not the owner of a motor vehicle, other than a10126
taxicab, who operates such vehicle for transporting, for gain,10127
compensation, or profit, either persons or property owned by10128
another. Any operator of a motor vehicle who is voluntarily10129
involved in a ridesharing arrangement is not considered an10130
employee for hire or operating such vehicle for gain,10131
compensation, or profit.10132

       (Z) "State" includes the territories and federal districts10133
of the United States, and the provinces of Canada.10134

       (AA) "Public roads and highways" for vehicles includes all10135
public thoroughfares, bridges, and culverts.10136

       (BB) "Manufacturer's number" means the manufacturer's10137
original serial number that is affixed to or imprinted upon the10138
chassis or other part of the motor vehicle.10139

       (CC) "Motor number" means the manufacturer's original number10140
that is affixed to or imprinted upon the engine or motor of the10141
vehicle.10142

       (DD) "Distributor" means any person who is authorized by a10143
motor vehicle manufacturer to distribute new motor vehicles to10144
licensed motor vehicle dealers at an established place of business10145
that is used exclusively for the purpose of distributing new motor10146
vehicles to licensed motor vehicle dealers, except when the10147
distributor also is a new motor vehicle dealer, in which case the10148
distributor may distribute at the location of the distributor's10149
licensed dealership.10150

       (EE) "Ridesharing arrangement" means the transportation of10151
persons in a motor vehicle where the transportation is incidental10152
to another purpose of a volunteer driver and includes ridesharing10153
arrangements known as carpools, vanpools, and buspools.10154

       (FF) "Apportionable vehicle" means any vehicle that is used10155
or intended for use in two or more international registration plan10156
member jurisdictions that allocate or proportionally register10157
vehicles, that is used for the transportation of persons for hire10158
or designed, used, or maintained primarily for the transportation10159
of property, and that meets any of the following qualifications:10160

       (1) Is a power unit having a gross vehicle weight in excess10161
of twenty-six thousand pounds;10162

       (2) Is a power unit having three or more axles, regardless10163
of the gross vehicle weight;10164

       (3) Is a combination vehicle with a gross vehicle weight in10165
excess of twenty-six thousand pounds.10166

       "Apportionable vehicle" does not include recreational10167
vehicles, vehicles displaying restricted plates, city pick-up and10168
delivery vehicles, buses used for the transportation of chartered10169
parties, or vehicles owned and operated by the United States, this10170
state, or any political subdivisions thereof.10171

       (GG) "Chartered party" means a group of persons who contract10172
as a group to acquire the exclusive use of a passenger-carrying10173
motor vehicle at a fixed charge for the vehicle in accordance with10174
the carrier's tariff, lawfully on file with the United States10175
department of transportation, for the purpose of group travel to a10176
specified destination or for a particular itinerary, either agreed10177
upon in advance or modified by the chartered group after having10178
left the place of origin.10179

       (HH) "International registration plan" means a reciprocal10180
agreement of member jurisdictions that is endorsed by the American10181
association of motor vehicle administrators, and that promotes and10182
encourages the fullest possible use of the highway system by10183
authorizing apportioned registration of fleets of vehicles and10184
recognizing registration of vehicles apportioned in member10185
jurisdictions.10186

       (II) "Restricted plate" means a license plate that has a10187
restriction of time, geographic area, mileage, or commodity, and10188
includes license plates issued to farm trucks under division (K)10189
of section 4503.04 of the Revised Code.10190

       (JJ) "Gross vehicle weight," with regard to any commercial10191
car, trailer, semitrailer, or bus that is taxed at the rates10192
established under section 4503.042 of the Revised Code, means the10193
unladen weight of the vehicle fully equipped plus the maximum10194
weight of the load to be carried on the vehicle.10195

       (KK) "Combined gross vehicle weight" with regard to any10196
combination of a commercial car, trailer, and semitrailer, that is10197
taxed at the rates established under section 4503.042 of the10198
Revised Code, means the total unladen weight of the combination of10199
vehicles fully equipped plus the maximum weight of the load to be10200
carried on that combination of vehicles.10201

       (LL) "Chauffeured limousine" means a motor vehicle that is10202
designed to carry nine or fewer passengers and is operated for10203
hire on an hourly basis pursuant to a prearranged contract for the10204
transportation of passengers on public roads and highways along a10205
route under the control of the person hiring the vehicle and not10206
over a defined and regular route. "Prearranged contract" means an10207
agreement, made in advance of boarding, to provide transportation10208
from a specific location in a chauffeured limousine at a fixed10209
rate per hour or trip. "Chauffeured limousine" does not include10210
any vehicle that is used exclusively in the business of funeral10211
directing.10212

       (MM) "Manufactured home" has the same meaning as in division10213
(C)(4) of section 3781.06 of the Revised Code.10214

       (NN) "Acquired situs," with respect to a manufactured home10215
or a mobile home, means to become located in this state by the10216
placement of the home on real property, but does not include the10217
placement of a manufactured home or a mobile home in the inventory10218
of a new motor vehicle dealer or the inventory of a manufacturer,10219
remanufacturer, or distributor of manufactured or mobile homes.10220

       (OO) "Electronic" includes electrical, digital, magnetic,10221
optical, electromagnetic, or any other form of technology that10222
entails capabilities similar to these technologies.10223

       (PP) "Electronic record" means a record generated,10224
communicated, received, or stored by electronic means for use in10225
an information system or for transmission from one information10226
system to another.10227

       (QQ) "Electronic signature" means a signature in electronic10228
form attached to or logically associated with an electronic10229
record.10230

       (RR) "Financial transaction device" has the same meaning as10231
in division (A) of section 113.40 of the Revised Code.10232

       (SS)"Limited driving privileges" means the privilege to10233
operate a motor vehicle that a court grants under section 4510.02110234
of the Revised Code to a person whose driver's or commercial10235
driver's license or permit or nonresident operating privilege has10236
been suspended.10237

       Sec. 4501.022.  (A) The registrar of motor vehicles shall10238
determine the necessary or appropriate method by which written10239
notice of an order revoking or suspending a motor vehicle driver's10240
or commercial driver's license or requiring the surrender of a10241
certificate of registration and registration plates may be10242
provided to the person holding the license or the certificate of10243
registration and registration plates. Division (A) of this10244
section does not apply if the registrar is required to provide10245
notification by use of a method specified by law.10246

       (B) Pursuant to rules adopted by the registrar, the bureau10247
of motor vehicles shall implement proof of mailing procedures to10248
provide verification that written notice of an order revoking or10249
suspending a motor vehicle driver's or commercial driver's license10250
or requiring the surrender of a certificate of registration and10251
registration plates was sent to the person holding the license or10252
the certificate of registration and registration plates.10253

       Sec. 4501.17.  There is hereby created in the state treasury10254
the OMVIOVI fines fund. The fund shall consist of fine money10255
received by the state highway patrol pursuant to division (A) of10256
section 4511.994511.19 of the Revised Code, and shall be used by10257
the state highway patrol to enforce that section 4511.19 of the10258
Revised Code and to conduct programs to inform the public of the10259
dangers of, and laws governing, the operation of motor vehicles10260
while under the influence of alcohol.10261

       Sec. 4501.19.  There is hereby created in the state treasury10262
the law enforcement reimbursement fund. The law enforcement10263
reimbursement fund shall consist of fees collected by the10264
registrar of motor vehicles under division (A)(6)(5) of section10265
4503.233 of the Revised Code, and shall be used to make payments10266
to law enforcement agencies in accordance with that division.10267
However, the director of budget and management may transfer excess10268
money from the law enforcement reimbursement fund to the bureau of10269
motor vehicles fund created in section 4501.25 of the Revised Code10270
if the registrar determines that the amount of money in the law10271
enforcement reimbursement fund exceeds the amounts required to be10272
paid by division (A)(6)(5) of section 4503.233 of the Revised10273
Code, and the registrar requests the director to make the10274
transfer. All investment earnings of the law enforcement10275
reimbursement fund shall be credited to the fund.10276

       Sec. 4501.25.  There is hereby created in the state treasury10277
the state bureau of motor vehicles fund. The fund shall consist10278
of all money collected by the registrar of motor vehicles,10279
including taxes, fees, and fines levied, charged, or referred to10280
in Chapters 4501., 4503., 4505., 4506., 4507., 4509., 4510.,10281
4511., 4517., 4519., and 4521., and sections 3123.59, 2935.27,10282
2937.221, 4738.06, 4738.13, and 4738.18 of the Revised Code10283
unless otherwise designated by law. The fund shall be used to pay10284
the expenses of administering the law relative to the powers and10285
duties of the registrar of motor vehicles. All investment10286
earnings of the fund shall be retained by the fund.10287

       Sec. 4507.25.        Sec. 4501.34.  (A) The registrar of motor vehicles10288
may adopt and publish rules to govern histhe registrar's10289
proceedings. All proceedings of the registrar shall be open to10290
the public, and all documents in histhe registrar's possession10291
shall beare public records. HeThe registrar shall adopt a seal10292
bearing the inscription: "Motor Vehicle Registrar of Ohio." The10293
seal shall be affixed to all writs and authenticated copies of10294
records, and, when it has been so attached, suchthe copies shall10295
be received in evidence with the same effect as other public10296
records. All courts shall take judicial notice of the seal.10297

       (B) Upon the request of any person accompanied by a10298
nonrefundable fee of two dollars per name, the registrar may10299
furnish lists of names and addresses as they appear upon the10300
applications for driver's licenses, provided that any further10301
information contained in the applications shall not be disclosed.10302
AllThe registrar shall pay all the fees collected shall be paid10303
by the registrar into the state treasury to the credit of the10304
state bureau of motor vehicles fund established in section 4501.2510305
of the Revised Code.10306

       This division does not apply to the list of qualified driver10307
licensees required to be compiled and filed pursuant to section10308
2313.06 of the Revised Code.10309

       Sec. 4507.26.        Sec. 4501.35.  An order, except an order relating to10310
a license as defined in section 119.01 of the Revised Code, made10311
by the registrar of motor vehicles may be reversed, vacated, or10312
modified by the court of common pleas of Franklin county, or by10313
the court of common pleas in the county in which the party10314
affected is a resident, or in which the matter complained of10315
arose.10316

       Sec. 4507.27.        Sec. 4501.36.  A proceeding to obtain the reversal,10317
vacation, or modification of an order of the registrar of motor10318
vehicles shall be by appeal,.Any party to the proceedings before10319
the registrar shall file notice of which shall be filedthe appeal10320
in the court of common pleas on or before the expiration of thirty10321
days from date of entry of suchthe order, by any party to the10322
proceedings before the registrar.Such. The court shall set such10323
the appeal for hearing and take suchany testimony as is necessary10324
to decide the matter. AtThe court shall give the registrar at10325
least ten days' notice of the time and place of suchthe hearing10326
shall be given to the registrar.10327

       Sec. 4507.28.        Sec. 4501.37.  No court may reverse, suspend, or10328
delay any order made by the registrar of motor vehicles, or10329
enjoin, restrain, or interfere with the registrar or a deputy10330
registrar in the performance of official duties, except as10331
provided in sections 4507.01 to 4507.39, inclusive,this chapter10332
and Chapter 4507. or4510. of the Revised Code.10333

       Sec. 4507.29.        Sec. 4501.38.  Upon the request of the registrar of10334
motor vehicles, the prosecuting attorney of the county in which10335
any proceedings are pending, shall aid in any investigation,10336
prosecution, hearing, or trial hadheld under sections 4507.01 to10337
4507.39,this chapter or Chapter 4506., 4507., 4510., or4511. of10338
the Revised Code, and shall institute and prosecute suchany10339
actions or proceedings for the enforcement of suchthe sections10340
contained in those chapters, and for the punishment of all10341
violations thereofof those sections, as the registrar directs.10342

       Sec. 4503.033.  (A) Annually, on or before the thirty-first10343
day of January, every deputy registrar shall file with the10344
registrar of motor vehicles on a form prescribed by the registrar,10345
a statement disclosing all of the following:10346

       (1) The name of the person filing the statement, and, if10347
applicable, of his spouse and of members of his immediate family;10348

       (2) Any contribution made within the previous calendar year10349
by the person and, if applicable, by his spouse and by members of10350
his immediate family to each of the following:10351

       (a) Any political party;10352

       (b) Any candidate for the office of governor, attorney10353
general, secretary of state, treasurer of state, auditor of state,10354
member of the senate or house of representatives of the general10355
assembly, or to the campaign committee of any such candidate.10356

       (3) The month, day, and year in which the contribution was10357
made;10358

       (4) The full name and address of each person, political10359
party, or campaign committee to which a contribution was made;10360

       (5) The value in dollars and cents of the contribution.10361

       (B) No person shall knowingly fail to file, on or before the10362
filing deadline under this section, a statement that is required10363
by division (A) of this section.10364

       (C) No person shall knowingly make a false statement in a10365
statement that is required to be filed under division (A) of this10366
section.10367

       (D) On and after the effective date of this amendmentMarch10368
2, 1994, the statement required by division (A) of this section10369
shall be accompanied by a filing fee of twenty-five dollars. If10370
the statement required by division (A) of this section is not10371
filed by the date on which it is required to be filed, the10372
registrar of motor vehicles shall assess a late filing fee as10373
prescribed in division (F) of section 102.02 of the Revised Code.10374
The registrar shall deposit all fees he receives under this10375
division into the general revenue fund of the state.10376

       (E) Not later than the date a deputy registrar is required10377
to file a statement under division (A) of this section, the deputy10378
registrar shall file a copy of the statement with the office of10379
the secretary of state. The secretary of state shall keep the10380
copies of all statements filed with his office under this division10381
only for the purpose of making them available for public10382
inspection.10383

       (F)Whoever violates division (B) of this section shall be10384
fined one thousand dollars. Whoever violates division (C) of this10385
section shall be fined ten thousand dollars.10386

       Sec. 4503.05. (A) No person shall use a motor vehicle10387
registered as a noncommercial motor vehicle as defined in section10388
4501.01 of the Revised Code for other than the purposes set forth10389
in that section 4501.01of the Revised Code.10390

       (B)Whoever violates this section is guilty of a misdemeanor10391
of the fourth degree.10392

       Sec. 4503.061.  (A) All manufactured and mobile homes shall10393
be listed on either the real property tax list or the manufactured10394
home tax list of the county in which the home has situs. Each10395
owner shall follow the procedures in this section to identify the10396
home to the county auditor of the county containing the taxing10397
district in which the home has situs so that the auditor may place10398
the home on the appropriate tax list.10399

       (B) When a manufactured or mobile home first acquires situs10400
in this state and is subject to real property taxation pursuant to10401
division (B)(1) or (2) of section 4503.06 of the Revised Code, the10402
owner shall present to the auditor of the county containing the10403
taxing district in which the home has its situs the certificate of10404
title for the home, together with proof that all taxes due have10405
been paid and proof that a relocation notice was obtained for the10406
home if required under this section. Upon receiving the10407
certificate of title and the required proofs, the auditor shall10408
place the home on the real property tax list and proceed to treat10409
the home as other properties on that list. After the auditor has10410
placed the home on the tax list of real and public utility10411
property, the auditor shall deliver the certificate of title to10412
the clerk of the court of common pleas that issued it pursuant to10413
section 4505.11 of the Revised Code, and the clerk shall10414
inactivate the certificate of title.10415

       (C)(1) When a manufactured or mobile home subject to a10416
manufactured home tax is relocated to or first acquires situs in10417
any county that has adopted a permanent manufactured home10418
registration system, as provided in division (F) of this section,10419
the owner, within thirty days after the home is relocated or first10420
acquires situs under section 4503.06 of the Revised Code, shall10421
register the home with the county auditor of the county containing10422
the taxing district in which the home has its situs. For the10423
first registration in each county of situs, the owner or vendee in10424
possession shall present to the county auditor an Ohio certificate10425
of title, certified copy of the certificate of title, or10426
memorandum certificate of title as such are required by law, and10427
proof, as required by the county auditor, that the home, if it has10428
previously been occupied and is being relocated, has been10429
previously registered, that all taxes due and required to be paid10430
under division (H)(1) of this section before a relocation notice10431
may be issued have been paid, and that a relocation notice was10432
obtained for the home if required by division (H) of this section. 10433
If the owner or vendee does not possess the Ohio certificate of10434
title, certified copy of the certificate of title, or memorandum10435
certificate of title at the time the owner or vendee first10436
registers the home in a county, the county auditor shall register10437
the home without presentation of the document, but the owner or10438
vendee shall present the certificate of title, certified copy of10439
the certificate of title, or memorandum certificate of title to10440
the county auditor within fourteen days after the owner or vendee10441
obtains possession of the document.10442

       (2) When a manufactured or mobile home is registered for the10443
first time in a county and when the total tax due has been paid as10444
required by division (F) of section 4503.06 of the Revised Code or10445
divisions (E) and (H) of this section, the county treasurer shall10446
note by writing or by a stamp on the certificate of title,10447
certified copy of certificate of title, or memorandum certificate10448
of title that the home has been registered and that the taxes due,10449
if any, have been paid for the preceding five years and for the10450
current year. The treasurer shall then issue a certificate10451
evidencing registration and a decal to be displayed on the street10452
side of the home. Such certificate is valid in any county in this10453
state during the year for which it is issued.10454

       (3) For each year thereafter, the county treasurer shall10455
issue a tax bill stating the amount of tax due under section10456
4503.06 of the Revised Code, as provided in division (D)(6) of10457
that section. When the total tax due has been paid as required by10458
division (F) of section 4503.06 of the Revised Code, the county10459
treasurer shall issue a certificate evidencing registration that10460
shall be valid in any county in this state during the year for10461
which the certificate is issued.10462

       (4) The permanent decal issued under this division is valid10463
during the period of ownership, except that when a manufactured10464
home is relocated in another county the owner shall apply for a10465
new registration as required by this section and section 4503.0610466
of the Revised Code.10467

       (D)(1) All owners of manufactured or mobile homes subject to10468
the manufactured home tax being relocated to or having situs in a10469
county that has not adopted a permanent registration system, as10470
provided in division (F) of this section, shall register the home10471
within thirty days after the home is relocated or first acquires10472
situs under section 4503.06 of the Revised Code and thereafter10473
shall annually register the home with the county auditor of the10474
county containing the taxing district in which the home has its10475
situs.10476

       (2) Upon the annual registration, the county treasurer10477
shall issue a tax bill stating the amount of annual manufactured10478
home tax due under section 4503.06 of the Revised Code, as10479
provided in division (D)(6) of that section. When a manufactured10480
or mobile home is registered and when the tax for the current10481
one-half year has been paid as required by division (F) of section10482
4503.06 of the Revised Code, the county treasurer shall issue a10483
certificate evidencing registration and a decal. Such certificate10484
and decal are valid in any county in this state during the year10485
for which they are issued. The decal shall be displayed on the10486
street side of the home.10487

       (3) For the first annual registration in each county of10488
situs, the county auditor shall require the owner or vendee to10489
present an Ohio certificate of title, certified copy of the10490
certificate of title, or memorandum certificate of title as such10491
are required by law, and proof, as required by the county auditor,10492
that the manufactured or mobile home has been previously10493
registered, if such registration was required, that all taxes due10494
and required to be paid under division (H)(1) of this section10495
before a relocation notice may be issued have been paid, and that10496
a relocation notice was obtained for the home if required by10497
division (H) of this section. If the owner or vendee does not10498
possess the Ohio certificate of title, certified copy of the10499
certificate of title, or memorandum certificate of title at the10500
time the owner or vendee first registers the home in a county, the10501
county auditor shall register the home without presentation of the10502
document, but the owner or vendee shall present the certificate of10503
title, certified copy of the certificate of title, or memorandum10504
certificate of title to the county auditor within fourteen days10505
after the owner or vendee obtains possession of the document. When10506
the county treasurer receives the tax payment, the county10507
treasurer shall note by writing or by a stamp on the certificate10508
of title, certified copy of the certificate of title, or10509
memorandum certificate of title that the home has been registered10510
for the current year and that the manufactured home taxes due, if10511
any, have been paid for the preceding five years and for the10512
current year.10513

       (4) For subsequent annual registrations, the auditor may10514
require the owner or vendee in possession to present an Ohio10515
certificate of title, certified copy of the certificate of title,10516
or memorandum certificate of title to the county treasurer upon10517
payment of the manufactured home tax that is due.10518

       (E)(1) Upon the application to transfer ownership of a10519
manufactured or mobile home for which manufactured home taxes are10520
paid pursuant to division (C) of section 4503.06 of the Revised10521
Code the clerk of the court of common pleas shall not issue any10522
certificate of title that does not contain or have attached both10523
of the following:10524

       (a) An endorsement of the county treasurer stating that the10525
home has been registered for each year of ownership and that all10526
manufactured home taxes imposed pursuant to section 4503.06 of the10527
Revised Code have been paid or that no tax is due;10528

       (b) An endorsement of the county auditor that the10529
manufactured home transfer tax imposed pursuant to section 322.0610530
of the Revised Code and any fees imposed under division (F) of10531
section 319.54 of the Revised Code have been paid.10532

       (2) If all the taxes have not been paid, the clerk shall10533
notify the vendee to contact the county treasurer of the county10534
containing the taxing district in which the home has its situs at10535
the time of the proposed transfer. The county treasurer shall10536
then collect all the taxes that are due for the year of the10537
transfer and all previous years not exceeding a total of five10538
years. The county treasurer shall distribute that part of the10539
collection owed to the county treasurer of other counties if the10540
home had its situs in another county during a particular year when10541
the unpaid tax became due and payable. The burden to prove the10542
situs of the home in the years that the taxes were not paid is on10543
the transferor of the home. Upon payment of such taxes, the10544
county auditor shall remove all remaining taxes from the10545
manufactured home tax list and the delinquent manufactured home10546
tax list, and the county treasurer shall release all liens for10547
such taxes. The clerk of courts shall issue a certificate of10548
title, free and clear of all liens for manufactured home taxes, to10549
the transferee of the home.10550

       (3) Once the transfer is complete and the certificate of10551
title has been issued, the transferee shall register the10552
manufactured or mobile home pursuant to division (C) or (D) of10553
this section with the county auditor of the county containing the10554
taxing district in which the home remains after the transfer or,10555
if the home is relocated to another county, with the county10556
auditor of the county to which the home is relocated. The10557
transferee need not pay the annual tax for the year of acquisition10558
if the original owner has already paid the annual tax for that10559
year.10560

       (F) The county auditor may adopt a permanent registration10561
system and issue a permanent decal with the first registration as10562
prescribed by the tax commissioner.10563

       (G) When any manufactured or mobile home required to be10564
registered by this section is not registered, the county auditor10565
shall impose a penalty of one hundred dollars upon the owner and10566
deposit the amount to the credit of the county real estate10567
assessment fund to be used to pay the costs of administering this10568
section and section 4503.06 of the Revised Code. If unpaid, the10569
penalty shall constitute a lien on the home and shall be added by10570
the county auditor to the manufactured home tax list for10571
collection.10572

       (H)(1) Before moving a manufactured or mobile home on public10573
roads from one address within this state to another address10574
within or outside this state, the owner of the home shall obtain a10575
relocation notice, as provided by this section, from the auditor10576
of the county in which the home is located if the home is10577
currently subject to taxation pursuant to section 4503.06 of the10578
Revised Code. The auditor shall charge five dollars for the10579
notice, and deposit the amount to the credit of the county real10580
estate assessment fund to be used to pay the costs of10581
administering this section and section 4503.06 of the Revised10582
Code. The auditor shall not issue a relocation notice unless all10583
taxes owed on the home under section 4503.06 of the Revised Code10584
that were first charged to the home during the period of ownership10585
of the owner seeking the relocation notice have been paid. If the10586
home is being moved by a new owner of the home or by a party10587
taking repossession of the home, the auditor shall not issue a10588
relocation notice unless all of the taxes due for the preceding10589
five years and for the current year have been paid. A relocation10590
notice issued by a county auditor is valid until the last day of10591
December of the year in which it was issued.10592

       (2) If a manufactured or mobile home is not yet subject to10593
taxation under section 4503.06 of the Revised Code, the owner of10594
the home shall obtain a relocation notice from the dealer of the10595
home. Within thirty days after the manufactured or mobile home is10596
purchased, the dealer of the home shall provide the auditor of the10597
county in which the home is to be located written notice of the10598
name of the purchaser of the home, the registration number or10599
vehicle identification number of the home, and the address or10600
location to which the home is to be moved. The county auditor10601
shall provide to each manufactured and mobile home dealer, without10602
charge, a supply of relocation notices to be distributed to10603
purchasers pursuant to this section.10604

       (3) The notice shall be in the form of a one-foot square10605
yellow sign with the words "manufactured home relocation notice"10606
printed prominently on it. The name of the owner of the home, the10607
home's registration number or vehicle identification number, the10608
county and the address or location to which the home is being10609
moved, and the county in which the notice is issued shall also be10610
entered on the notice.10611

       (4) The relocation notice must be attached to the rear of10612
the home when the home is being moved on a public road. Except as10613
provided in division (H)(5) of this section, no person shall drive10614
a motor vehicle moving a manufactured or mobile home on a public10615
road from one address to another address within this state unless10616
a relocation notice is attached to the rear of the home.10617

       (5) If the county auditor determines that a manufactured or10618
mobile home has been moved without a relocation notice as required10619
under this division, the auditor shall impose a penalty of one10620
hundred dollars upon the owner of the home and upon the person who10621
moved the home and deposit the amount to the credit of the county10622
real estate assessment fund to pay the costs of administering this10623
section and section 4503.06 of the Revised Code. If the home was10624
relocated from one county in this state to another county in this10625
state and the county auditor of the county to which the home was10626
relocated imposes the penalty, that county auditor, upon10627
collection thereof, shall cause an amount equal to the penalty to10628
be transmitted from the county real estate assessment fund to the10629
county auditor of the county from which the home was relocated,10630
who shall deposit the amount to the credit of the county real10631
estate assessment fund. If the penalty on the owner is unpaid,10632
the penalty shall constitute a lien on the home and the auditor10633
shall add the penalty to the manufactured home tax list for10634
collection. If the county auditor determines that a dealer that10635
has sold a manufactured or mobile home has failed to timely10636
provide the information required under this division, the auditor10637
shall impose a penalty upon the dealer in the amount of one10638
hundred dollars. The penalty shall be credited to the county real10639
estate assessment fund and used to pay the costs of administering10640
this section and section 4503.06 of the Revised Code.10641

       (I)Whoever violates division (H)(4) of this section is10642
guilty of a minor misdemeanor.10643

       Sec. 4503.066.  (A)(1) To obtain a reduction in the10644
assessable value of a manufactured or mobile home under section10645
4503.065 of the Revised Code, the owner of the home shall file an10646
application with the county auditor of the county in which the10647
home is located. An application for reduction in assessable value10648
based upon a physical disability shall be accompanied by a10649
certificate signed by a physician, and an application for10650
reduction in assessable value based upon a mental disability shall10651
be accompanied by a certificate signed by a physician or10652
psychologist licensed to practice in this state. The certificate10653
shall attest to the fact that the applicant is permanently and10654
totally disabled, shall be in a form that the department of10655
taxation requires, and shall include the definition of totally and10656
permanently disabled as set forth in section 4503.064 of the10657
Revised Code. An application for reduction in assessable value10658
based upon a disability certified as permanent and total by a10659
state or federal agency having the function of so classifying10660
persons shall be accompanied by a certificate from that agency.10661

       (2) Each application shall constitute a continuing10662
application for a reduction in assessable value for each year in10663
which the manufactured or mobile home is occupied by the applicant10664
and in which the amount of the reduction in assessable value does10665
not exceed either the amount or per cent of the reduction for the10666
year in which the application was first filed. Failure to receive10667
a new application or notification under division (B) of this10668
section after a certificate of reduction has been issued under10669
section 4503.067 of the Revised Code is prima-facie evidence that10670
the original applicant is entitled to the reduction in assessable10671
value calculated on the basis of the information contained in the10672
original application. The original application and any subsequent10673
application shall be in the form of a signed statement and shall10674
be filed not later than the first Monday in June. The statement10675
shall be on a form, devised and supplied by the tax commissioner,10676
that shall require no more information than is necessary to10677
establish the applicant's eligibility for the reduction in10678
assessable value and the amount of the reduction to which the10679
applicant is entitled. The form shall contain a statement that10680
signing such application constitutes a delegation of authority by10681
the applicant to the county auditor to examine any financial10682
records that relate to income earned by the applicant as stated on10683
the application for the purpose of determining eligibility under,10684
or possible violation of, division (C) or (D) of this section. The10685
form also shall contain a statement that conviction of willfully10686
falsifying information to obtain a reduction in assessable value10687
or failing to comply with division (B) of this section shall10688
result in the revocation of the right to the reduction for a10689
period of three years.10690

       (3) A late application for a reduction in assessable value10691
for the year preceding the year for which an original application10692
is filed may be filed with an original application. If the10693
auditor determines that the information contained in the late10694
application is correct, the auditor shall determine both the10695
amount of the reduction in assessable value to which the applicant10696
would have been entitled for the current tax year had the10697
application been timely filed and approved in the preceding year,10698
and the amount the taxes levied under section 4503.06 of the10699
Revised Code for the current year would have been reduced as a10700
result of the reduction in assessable value. When an applicant is10701
permanently and totally disabled on the first day of January of10702
the year in which the applicant files a late application, the10703
auditor, in making the determination of the amounts of the10704
reduction in assessable value and taxes under division (A)(3) of10705
this section, is not required to determine that the applicant was10706
permanently and totally disabled on the first day of January of10707
the preceding year.10708

       The amount of the reduction in taxes pursuant to a late10709
application shall be treated as an overpayment of taxes by the10710
applicant. The auditor shall credit the amount of the overpayment10711
against the amount of the taxes or penalties then due from the10712
applicant, and, at the next succeeding settlement, the amount of10713
the credit shall be deducted from the amount of any taxes or10714
penalties distributable to the county or any taxing unit in the10715
county that has received the benefit of the taxes or penalties10716
previously overpaid, in proportion to the benefits previously10717
received. If, after the credit has been made, there remains a10718
balance of the overpayment, or if there are no taxes or penalties10719
due from the applicant, the auditor shall refund that balance to10720
the applicant by a warrant drawn on the county treasurer in favor10721
of the applicant. The treasurer shall pay the warrant from the10722
general fund of the county. If there is insufficient money in the10723
general fund to make the payment, the treasurer shall pay the10724
warrant out of any undivided manufactured or mobile home taxes10725
subsequently received by the treasurer for distribution to the10726
county or taxing district in the county that received the benefit10727
of the overpaid taxes, in proportion to the benefits previously10728
received, and the amount paid from the undivided funds shall be10729
deducted from the money otherwise distributable to the county or10730
taxing district in the county at the next or any succeeding10731
distribution. At the next or any succeeding distribution after10732
making the refund, the treasurer shall reimburse the general fund10733
for any payment made from that fund by deducting the amount of10734
that payment from the money distributable to the county or other10735
taxing unit in the county that has received the benefit of the10736
taxes, in proportion to the benefits previously received. On the10737
second Monday in September of each year, the county auditor shall10738
certify the total amount of the reductions in taxes made in the10739
current year under division (A)(3) of this section to the tax10740
commissioner who shall treat that amount as a reduction in taxes10741
for the current tax year and shall make reimbursement to the10742
county of that amount in the manner prescribed in section 4503.06810743
of the Revised Code, from moneys appropriated for that purpose.10744

       (B) If in any year after an application has been filed under10745
division (A) of this section the owner no longer qualifies for the10746
reduction in assessable value for which the owner was issued a10747
certificate or qualifies for a reduction that is less than either10748
the per cent or amount of the reduction to which the owner was10749
entitled in the year the application was filed, the owner shall10750
notify the county auditor that the owner is not qualified for a10751
reduction in the assessable value of the home or file a new10752
application under division (A) of this section.10753

       During January of each year, the county auditor shall furnish10754
each person issued a certificate of reduction in value, by10755
ordinary mail, a form on which to report any changes in total10756
income that would have the effect of increasing or decreasing the10757
reduction to which the person is entitled, changes in ownership of10758
the home, including changes in or revocation of a revocable inter10759
vivos trust, changes in disability, and other changes in the10760
information earlier furnished the auditor relative to the10761
application. The form shall be completed and returned to the10762
auditor not later than the first Monday in June if the changes10763
would affect the level of reduction in assessable value.10764

       (C) No person shall knowingly make a false statement for the10765
purpose of obtaining a reduction in assessable value under section10766
4503.065 of the Revised Code.10767

       (D) No person shall knowingly fail to notify the county10768
auditor of any change required by division (B) of this section10769
that has the effect of maintaining or securing a reduction in10770
assessable value of the home in excess of the reduction allowed10771
under section 4503.065 of the Revised Code.10772

       (E) No person shall knowingly make a false statement or10773
certification attesting to any person's physical or mental10774
condition for purposes of qualifying such person for tax relief10775
pursuant to sections 4503.064 to 4503.069 of the Revised Code.10776

       (F)Whoever violates division (C), (D), or (E) of this10777
section is guilty of a misdemeanor of the fourth degree.10778

       Sec. 4503.10.  (A) The owner of every snowmobile,10779
off-highway motorcycle, and all-purpose vehicle required to be10780
registered under section 4519.02 of the Revised Code shall file an10781
application for registration under section 4519.03 of the Revised10782
Code. The owner of a motor vehicle, other than a snowmobile,10783
off-highway motorcycle, or all-purpose vehicle, that is not10784
designed and constructed by the manufacturer for operation on a10785
street or highway may not register it under this chapter except10786
upon certification of inspection pursuant to section 4513.02 of10787
the Revised Code by the sheriff or chief of police of the10788
municipal or township police with jurisdiction over the political10789
subdivision in which the owner of the motor vehicle resides.10790
Except as provided in section 4503.103 of the Revised Code, every10791
owner of every other motor vehicle not previously described in10792
this section and every person mentioned as owner in the last10793
certificate of title of a motor vehicle that is operated or driven10794
upon the public roads or highways shall cause to be filed each10795
year, by mail or otherwise, in the office of the registrar of10796
motor vehicles or a deputy registrar, a written or electronic10797
application or a preprinted registration renewal notice issued10798
under section 4503.102 of the Revised Code, the form of which10799
shall be prescribed by the registrar, for registration for the10800
following registration year, which shall begin on the first day of10801
January of every calendar year and end on the thirty-first day of10802
December in the same year. Applications for registration and10803
registration renewal notices shall be filed at the times10804
established by the registrar pursuant to section 4503.101 of the10805
Revised Code. A motor vehicle owner also may elect to renew a10806
motor vehicle registration by electronic means using electronic10807
signature in accordance with rules adopted by the registrar.10808
Except as provided in division (J) of this section, applications10809
for registration shall be made on blanks furnished by the10810
registrar for that purpose, containing the following information:10811

       (1) A brief description of the motor vehicle to be10812
registered, including the name of the manufacturer, the factory10813
number of the vehicle, the year's model, and, in the case of10814
commercial cars, the gross weight of the vehicle fully equipped10815
computed in the manner prescribed in section 4503.08 of the10816
Revised Code;10817

       (2) The name and residence address of the owner, and the10818
township and municipal corporation in which the owner resides;10819

       (3) The district of registration, which shall be determined10820
as follows:10821

       (a) In case the motor vehicle to be registered is used for10822
hire or principally in connection with any established business or10823
branch business, conducted at a particular place, the district of10824
registration is the municipal corporation in which that place is10825
located or, if not located in any municipal corporation, the10826
county and township in which that place is located.10827

       (b) In case the vehicle is not so used, the district of10828
registration is the municipal corporation or county in which the10829
owner resides at the time of making the application.10830

       (4) Whether the motor vehicle is a new or used motor10831
vehicle;10832

       (5) The date of purchase of the motor vehicle;10833

       (6) Whether the fees required to be paid for the10834
registration or transfer of the motor vehicle, during the10835
preceding registration year and during the preceding period of the10836
current registration year, have been paid. Each application for10837
registration shall be signed by the owner, either manually or by10838
electronic signature, or pursuant to obtaining a limited power of10839
attorney authorized by the registrar for registration, or other10840
document authorizing such signature. If the owner elects to renew10841
the motor vehicle registration with the registrar by electronic10842
means, the owner's manual signature is not required.10843

       (7) The owner's social security number, if assigned, or,10844
where a motor vehicle to be registered is used for hire or10845
principally in connection with any established business, the10846
owner's federal taxpayer identification number.10847

       (B) Each time the applicant first registers a motor vehicle10848
in the applicant's name, the applicant shall present for10849
inspection a certificate of title or a memorandum certificate10850
showing title to the motor vehicle to be registered in the10851
applicant. When a motor vehicle inspection and maintenance10852
program is in effect under section 3704.14 of the Revised Code and10853
rules adopted under it, each application for registration for a10854
vehicle required to be inspected under that section and those10855
rules shall be accompanied by an inspection certificate for the10856
motor vehicle issued in accordance with that section. The10857
application shall be refused if any of the following applies:10858

       (1) The application is not in proper form.10859

       (2) The application is prohibited from being accepted by10860
division (D) of section 2935.27, division (A) of section 2937.221,10861
division (A) of section 4503.13, division (B) of section 4507.16810862
4510.22, or division (B)(1) of section 4521.10 of the Revised10863
Code.10864

       (3) A certificate of title or memorandum certificate of10865
title does not accompany the application.10866

       (4) All registration and transfer fees for the motor10867
vehicle, for the preceding year or the preceding period of the10868
current registration year, have not been paid.10869

       (5) The owner or lessee does not have an inspection10870
certificate for the motor vehicle as provided in section 3704.1410871
of the Revised Code, and rules adopted under it, if that section10872
is applicable.10873

       This section does not require the payment of license or10874
registration taxes on a motor vehicle for any preceding year, or10875
for any preceding period of a year, if the motor vehicle was not10876
taxable for that preceding year or period under sections 4503.02,10877
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the10878
Revised Code. When a certificate of registration is issued upon10879
the first registration of a motor vehicle by or on behalf of the10880
owner, the official issuing the certificate shall indicate the10881
issuance with a stamp on the certificate of title or memorandum10882
certificate and on the inspection certificate for the motor10883
vehicle, if any. The official also shall indicate, by a stamp or10884
by such other means as the registrar prescribes, on the10885
registration certificate issued upon the first registration of a10886
motor vehicle by or on behalf of the owner the odometer reading of10887
the motor vehicle as shown in the odometer statement included in10888
or attached to the certificate of title. Upon each subsequent10889
registration of the motor vehicle by or on behalf of the same10890
owner, the official also shall so indicate the odometer reading of10891
the motor vehicle as shown on the immediately preceding10892
certificate of registration.10893

       The registrar shall include in the permanent registration10894
record of any vehicle required to be inspected under section10895
3704.14 of the Revised Code the inspection certificate number from10896
the inspection certificate that is presented at the time of10897
registration of the vehicle as required under this division.10898

       (C) In addition, a charge of twenty-five cents shall be made10899
for each reflectorized safety license plate issued, and a single10900
charge of twenty-five cents shall be made for each county10901
identification sticker or each set of county identification10902
stickers issued, as the case may be, to cover the cost of10903
producing the license plates and stickers, including material,10904
manufacturing, and administrative costs. Those fees shall be in10905
addition to the license tax. If the total cost of producing the10906
plates is less than twenty-five cents per plate, or if the total10907
cost of producing the stickers is less than twenty-five cents per10908
sticker or per set issued, any excess moneys accruing from the10909
fees shall be distributed in the same manner as provided by10910
section 4501.04 of the Revised Code for the distribution of10911
license tax moneys. If the total cost of producing the plates10912
exceeds twenty-five cents per plate, or if the total cost of10913
producing the stickers exceeds twenty-five cents per sticker or10914
per set issued, the difference shall be paid from the license tax10915
moneys collected pursuant to section 4503.02 of the Revised Code.10916

       (D) Each deputy registrar shall be allowed a fee of two10917
dollars and twenty-five cents for each application for10918
registration and registration renewal notice the deputy registrar10919
receives, which shall be for the purpose of compensating the10920
deputy registrar for the deputy registrar's services, and such10921
office and rental expenses, as may be necessary for the proper10922
discharge of the deputy registrar's duties in the receiving of10923
applications and renewal notices and the issuing of licenses.10924

       (E) Upon the certification of the registrar, the county10925
sheriff or local police officials shall recover license plates10926
erroneously or fraudulently issued.10927

       (F) Each deputy registrar, upon receipt of any application10928
for registration or registration renewal notice, together with the10929
license fee and any local motor vehicle license tax levied10930
pursuant to Chapter 4504. of the Revised Code, shall transmit that10931
fee and tax, if any, in the manner provided in this section,10932
together with the original and duplicate copy of the application,10933
to the registrar. The registrar, subject to the approval of the10934
director of public safety, may deposit the funds collected by10935
those deputies in a local bank or depository to the credit of the10936
"state of Ohio, bureau of motor vehicles." Where a local bank or10937
depository has been designated by the registrar, each deputy10938
registrar shall deposit all moneys collected by the deputy10939
registrar into that bank or depository not more than one business10940
day after their collection and shall make reports to the registrar10941
of the amounts so deposited, together with any other information,10942
some of which may be prescribed by the treasurer of state, as the10943
registrar may require and as prescribed by the registrar by rule.10944
The registrar, within three days after receipt of notification of10945
the deposit of funds by a deputy registrar in a local bank or10946
depository, shall draw on that account in favor of the treasurer10947
of state. The registrar, subject to the approval of the director10948
and the treasurer of state, may make reasonable rules necessary10949
for the prompt transmittal of fees and for safeguarding the10950
interests of the state and of counties, townships, municipal10951
corporations, and transportation improvement districts levying10952
local motor vehicle license taxes. The registrar may pay service10953
charges usually collected by banks and depositories for such10954
service. If deputy registrars are located in communities where10955
banking facilities are not available, they shall transmit the fees10956
forthwith, by money order or otherwise, as the registrar, by rule10957
approved by the director and the treasurer of state, may10958
prescribe. The registrar may pay the usual and customary fees for10959
such service.10960

       (G) This section does not prevent any person from making an10961
application for a motor vehicle license directly to the registrar10962
by mail, by electronic means, or in person at any of the10963
registrar's offices, upon payment of a service fee of two dollars10964
and twenty-five cents for each application.10965

       (H) No person shall make a false statement as to the10966
district of registration in an application required by division10967
(A) of this section. Violation of this division is falsification10968
under section 2921.13 of the Revised Code and punishable as10969
specified in that section.10970

       (I)(1) Where applicable, the requirements of division (B) of10971
this section relating to the presentation of an inspection10972
certificate issued under section 3704.14 of the Revised Code and10973
rules adopted under it for a motor vehicle, the refusal of a10974
license for failure to present an inspection certificate, and the10975
stamping of the inspection certificate by the official issuing the10976
certificate of registration apply to the registration of and10977
issuance of license plates for a motor vehicle under sections10978
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,10979
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,10980
4503.47, and 4503.51 of the Revised Code.10981

       (2)(a) The registrar shall adopt rules ensuring that each10982
owner registering a motor vehicle in a county where a motor10983
vehicle inspection and maintenance program is in effect under10984
section 3704.14 of the Revised Code and rules adopted under it10985
receives information about the requirements established in that10986
section and those rules and about the need in those counties to10987
present an inspection certificate with an application for10988
registration or preregistration.10989

       (b) Upon request, the registrar shall provide the director10990
of environmental protection, or any person that has been awarded a10991
contract under division (D) of section 3704.14 of the Revised10992
Code, an on-line computer data link to registration information10993
for all passenger cars, noncommercial motor vehicles, and10994
commercial cars that are subject to that section. The registrar10995
also shall provide to the director of environmental protection a10996
magnetic data tape containing registration information regarding10997
passenger cars, noncommercial motor vehicles, and commercial cars10998
for which a multi-year registration is in effect under section10999
4503.103 of the Revised Code or rules adopted under it, including,11000
without limitation, the date of issuance of the multi-year11001
registration, the registration deadline established under rules11002
adopted under section 4503.101 of the Revised Code that was11003
applicable in the year in which the multi-year registration was11004
issued, and the registration deadline for renewal of the11005
multi-year registration.11006

       (J) Application for registration under the international11007
registration plan, as set forth in sections 4503.60 to 4503.66 of11008
the Revised Code, shall be made to the registrar on forms11009
furnished by the registrar. In accordance with international11010
registration plan guidelines and pursuant to rules adopted by the11011
registrar, the forms shall include the following:11012

       (1) A uniform mileage schedule;11013

       (2) The gross vehicle weight of the vehicle or combined11014
gross vehicle weight of the combination vehicle as declared by the11015
registrant;11016

       (3) Any other information the registrar requires by rule.11017

       Sec. 4503.102.  (A) The registrar of motor vehicles shall11018
adopt rules to establish a centralized system of motor vehicle11019
registration renewal by mail or by electronic means. Any person11020
owning a motor vehicle that was registered in the person's name11021
during the preceding registration year shall renew the11022
registration of the motor vehicle not more than ninety days prior11023
to the expiration date of the registration either by mail or by11024
electronic means through the centralized system of registration11025
established under this section, or in person at any office of the11026
registrar or at a deputy registrar's office.11027

       (B)(1) No less than forty-five days prior to the expiration11028
date of any motor vehicle registration, the registrar shall mail a11029
renewal notice to the person in whose name the motor vehicle is11030
registered. The renewal notice shall clearly state that the11031
registration of the motor vehicle may be renewed by mail or11032
electronic means through the centralized system of registration or11033
in person at any office of the registrar or at a deputy11034
registrar's office and shall be preprinted with information11035
including, but not limited to, the owner's name and residence11036
address as shown in the records of the bureau of motor vehicles, a11037
brief description of the motor vehicle to be registered, notice of11038
the license taxes and fees due on the motor vehicle, the toll-free11039
telephone number of the registrar as required under division11040
(D)(1) of section 4503.031 of the Revised Code, and any additional11041
information the registrar may require by rule. The renewal notice11042
shall be sent by regular mail to the owner's last known address as11043
shown in the records of the bureau of motor vehicles.11044

       (2) If the application for renewal of the registration of a11045
motor vehicle is prohibited from being accepted by the registrar11046
or a deputy registrar by division (D) of section 2935.27, division11047
(A) of section 2937.221, division (A) of section 4503.13, division11048
(B) of section 4507.1684510.22, or division (B)(1) of section11049
4521.10 of the Revised Code, the registrar is not required to send11050
a renewal notice to the vehicle owner or vehicle lessee.11051

       (C) The owner of the motor vehicle shall verify the11052
information contained in the notice, sign it either manually or by11053
electronic means, and return it, either by mail or electronic11054
means, or the owner may take it in person to any office of the11055
registrar or of a deputy registrar, together with a financial11056
transaction device number, when permitted by rule of the11057
registrar, check, or money order in the amount of the registration11058
taxes and fees payable on the motor vehicle and a mail fee of two11059
dollars and twenty-five cents plus postage as indicated on the11060
notice, if the registration is renewed by mail, and an inspection11061
certificate for the motor vehicle as provided in section 3704.1411062
of the Revised Code. If the motor vehicle owner chooses to renew11063
the motor vehicle registration by electronic means, the owner11064
shall proceed in accordance with the rules the registrar adopts.11065

       (D) If all registration and transfer fees for the motor11066
vehicle for the preceding year or the preceding period of the11067
current registration year have not been paid, if division (D) of11068
section 2935.27, division (A) of section 2937.221, division (A) of11069
section 4503.13, division (B) of section 4507.1684510.22, or11070
division (B)(1) of section 4521.10 of the Revised Code prohibits11071
acceptance of the renewal notice, or if the owner or lessee does11072
not have an inspection certificate for the motor vehicle as11073
provided in section 3704.14 of the Revised Code, if that section11074
is applicable, the license shall be refused, and the registrar or11075
deputy registrar shall so notify the owner. This section does not11076
require the payment of license or registration taxes on a motor11077
vehicle for any preceding year, or for any preceding period of a11078
year, if the motor vehicle was not taxable for that preceding year11079
or period under section 4503.02, 4503.04, 4503.11, 4503.12, or11080
4503.16 or Chapter 4504. of the Revised Code.11081

       (E)(1) Failure to receive a renewal notice does not relieve11082
a motor vehicle owner from the responsibility to renew the11083
registration for the motor vehicle. Any person who has a motor11084
vehicle registered in this state and who does not receive a11085
renewal notice as provided in division (B) of this section prior11086
to the expiration date of the registration shall request an11087
application for registration from the registrar or a deputy11088
registrar and sign the application manually or by electronic means11089
and submit the application and pay any applicable license taxes11090
and fees to the registrar or deputy registrar.11091

       (2) If the owner of a motor vehicle submits an application11092
for registration and the registrar is prohibited by division (D)11093
of section 2935.27, division (A) of section 2937.221, division (A)11094
of section 4503.13, division (B) of section 4507.1684510.22, or11095
division (B)(1) of section 4521.10 of the Revised Code from11096
accepting the application, the registrar shall return the11097
application and the payment to the owner. If the owner of a motor11098
vehicle submits a registration renewal application to the11099
registrar by electronic means and the registrar is prohibited from11100
accepting the application as provided in this division, the11101
registrar shall notify the owner of this fact and deny the11102
application and return the payment or give a credit on the11103
financial transaction device account of the owner in the manner11104
the registrar prescribes by rule adopted pursuant to division (A)11105
of this section.11106

       (F) Every deputy registrar shall post in a prominent place11107
at the deputy's office a notice informing the public of the mail11108
registration system required by this section and also shall post a11109
notice that every owner of a motor vehicle and every chauffeur11110
holding a certificate of registration is required to notify the11111
registrar in writing of any change of residence within ten days11112
after the change occurs. The notice shall be in such form as the11113
registrar prescribes by rule.11114

       (G) The two dollars and twenty-five cents fee, plus postage11115
and any financial transaction device surcharge collected by the11116
registrar for registration by mail, shall be paid to the credit of11117
the state bureau of motor vehicles fund established by section11118
4501.25 of the Revised Code.11119

       (H) Pursuant to section 113.40 of the Revised Code, the11120
registrar may implement a program permitting payment of motor11121
vehicle registration taxes and fees, driver's license and11122
commercial driver's license fees, and any other taxes, fees,11123
penalties, or charges imposed or levied by the state by means of a11124
financial transaction device. The registrar may adopt rules as11125
necessary for this purpose.11126

       (I) For persons who reside in counties where tailpipe11127
emissions inspections are required under the motor vehicle11128
inspection and maintenance program, the notice required by11129
division (B) of this section shall also include the toll-free11130
telephone number maintained by the Ohio environmental protection11131
agency to provide information concerning the locations of11132
emissions testing centers.11133

       Sec. 4503.11.  (A) Except as provided by sections 4503.103,11134
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised Code, no11135
person who is the owner or chauffeur of a motor vehicle operated11136
or driven upon the public roads or highways shall fail to file11137
annually the application for registration or to pay the tax11138
therefor.11139

       (B) Except as provided by sections 4503.12 and 4503.16 of11140
the Revised Code, the taxes payable on all applications made under11141
sections 4503.10 and 4503.102 of the Revised Code shall be the sum11142
of the tax due under division (B)(1)(a) or (b) of this section11143
plus the tax due under division (B)(2)(a) or (b) of this section:11144

       (1)(a) If the application is made before the second month of11145
the current registration period to which the motor vehicle is11146
assigned as provided in section 4503.101 of the Revised Code, the11147
tax due is the full amount of the tax provided in section 4503.0411148
of the Revised Code;11149

       (b) If the application is made during or after the second11150
month of the current registration period to which the motor11151
vehicle is assigned as provided in section 4503.101 of the Revised11152
Code, and prior to the beginning of the next such registration11153
period, the amount of the tax provided in section 4503.04 of the11154
Revised Code shall be reduced by one-twelfth of the amount of such11155
tax, rounded upward to the nearest cent, multiplied by the number11156
of full months that have elapsed in the current registration11157
period. The resulting amount shall be rounded upward to the next11158
highest dollar and shall be the amount of tax due.11159

       (2)(a) If the application is made before the sixth month of11160
the current registration period to which the motor vehicle is11161
assigned as provided in section 4503.101 of the Revised Code, the11162
amount of tax due is the full amount of local motor vehicle11163
license taxes levied under Chapter 4504. of the Revised Code;11164

       (b) If the application is made during or after the sixth11165
month of the current registration period to which the motor11166
vehicle is assigned as provided in section 4503.101 of the Revised11167
Code and prior to the beginning of the next such registration11168
period, the amount of tax due is one-half of the amount of local11169
motor vehicle license taxes levied under Chapter 4504. of the11170
Revised Code.11171

       (C)Whoever violates this section is guilty of a misdemeanor11172
of the fourth degree.11173

       Sec. 4503.12. (A) Upon the transfer of ownership of a motor11174
vehicle, the registration of the motor vehicle expires and the11175
original owner immediately shall remove the license plates from11176
the motor vehicle, except that:11177

       (A)(1) If a statutory merger or consolidation results in the11178
transfer of ownership of a motor vehicle from a constituent11179
corporation to the surviving corporation, or if the incorporation11180
of a proprietorship or partnership results in the transfer of11181
ownership of a motor vehicle from the proprietorship or11182
partnership to the corporation, the registration shall be11183
continued upon the filing by the surviving or new corporation,11184
within thirty days of such transfer, of an application for an11185
amended certificate of registration, unless such registration is11186
prohibited by division (D) of section 2935.27, division (A) of11187
section 2937.221, division (B) of section 4507.1684510.22, or11188
division (B)(1) of section 4521.10 of the Revised Code. The11189
application shall be accompanied by a service fee of two dollars11190
and twenty-five cents, a transfer fee of one dollar, and the11191
original certificate of registration. Upon a proper filing, the11192
registrar of motor vehicles shall issue an amended certificate of11193
registration in the name of the new owner.11194

       (B)(2) If the death of the owner of a motor vehicle results11195
in the transfer of ownership of the motor vehicle to the surviving11196
spouse of the owner or if a motor vehicle is owned by two persons11197
under joint ownership with right of survivorship established under11198
section 2106.17 of the Revised Code and one of those persons dies,11199
the registration shall be continued upon the filing by the11200
surviving spouse of an application for an amended certificate of11201
registration, unless such registration is prohibited by division11202
(D) of section 2935.27, division (A) of section 2937.221, division11203
(A) of section 4503.13, division (B) of section 4507.1684510.22,11204
or division (B)(1) of section 4521.10 of the Revised Code. The11205
application shall be accompanied by a service fee of two dollars11206
and twenty-five cents, a transfer fee of one dollar, the original11207
certificate of registration, and, in relation to a motor vehicle11208
that is owned by two persons under joint ownership with right of11209
survivorship established under section 2106.17 of the Revised11210
Code, by a copy of the certificate of title that specifies that11211
the vehicle is owned under joint ownership with right of11212
survivorship. Upon a proper filing, the registrar shall issue an11213
amended certificate of registration in the name of the surviving11214
spouse.11215

       (C)(3) If the original owner of a motor vehicle that has11216
been transferred makes application for the registration of another11217
motor vehicle at any time during the remainder of the registration11218
period for which the transferred motor vehicle was registered, the11219
owner, unless such registration is prohibited by division (D) of11220
section 2935.27, division (A) of section 2937.221, division (A) of11221
section 4503.13, division (E)(D) of section 4503.234, division (B)11222
of section 4507.1684510.22, or division (B)(1) of section 4521.1011223
of the Revised Code, may file an application for transfer of the11224
registration and, where applicable, the license plates,11225
accompanied by a service fee of two dollars and twenty-five cents,11226
a transfer fee of one dollar, and the original certificate of11227
registration. The transfer of the registration and, where11228
applicable, the license plates from the motor vehicle for which11229
they originally were issued to a succeeding motor vehicle11230
purchased by the same person in whose name the original11231
registration and license plates were issued shall be done within a11232
period not to exceed thirty days. During that thirty-day period,11233
the license plates from the motor vehicle for which they11234
originally were issued may be displayed on the succeeding motor11235
vehicle, and the succeeding motor vehicle may be operated on the11236
public roads and highways in this state.11237

       At the time of application for transfer, the registrar shall11238
compute and collect the amount of tax due on the succeeding motor11239
vehicle, based upon the amount that would be due on a new11240
registration as of the date on which the transfer is made less a11241
credit for the unused portion of the original registration11242
beginning on that date. If the credit exceeds the amount of tax11243
due on the new registration, no refund shall be made. In11244
computing the amount of tax due and credits to be allowed under11245
this division, the provisions of division (B)(1)(a) and (b) of11246
section 4503.11 of the Revised Code shall apply. As to passenger11247
cars, noncommercial vehicles, motor homes, and motorcycles,11248
transfers within or between these classes of motor vehicles only11249
shall be allowed. If the succeeding motor vehicle is of a11250
different class than the motor vehicle for which the registration11251
originally was issued, new license plates also shall be issued11252
upon the surrender of the license plates originally issued and11253
payment of the fees provided in divisions (C) and (D) of section11254
4503.10 of the Revised Code.11255

       (D)(4) The owner of a commercial car having a gross vehicle11256
weight or combined gross vehicle weight of more than ten thousand11257
pounds may transfer the registration of that commercial car to11258
another commercial car the owner owns without transferring11259
ownership of the first commercial car, unless registration of the11260
second commercial car is prohibited by division (D) of section11261
2935.27, division (A) of section 2937.221, division (A) of section11262
4503.13, division (B) of section 4507.1684510.22, or division11263
(B)(1) of section 4521.10 of the Revised Code. At any time during11264
the remainder of the registration period for which the first11265
commercial car was registered, the owner may file an application11266
for the transfer of the registration and, where applicable, the11267
license plates, accompanied by a service fee of two dollars and11268
twenty-five cents, a transfer fee of one dollar, and the11269
certificate of registration of the first commercial car. The11270
amount of any tax due or credit to be allowed for a transfer of11271
registration under this division shall be computed in accordance11272
with division (C)(A)(3) of this section.11273

       No commercial car to which a registration is transferred11274
under this division shall be operated on a public road or highway11275
in this state until after the transfer of registration is11276
completed in accordance with this division.11277

       (E)(5) Upon application to the registrar or a deputy11278
registrar, a person who owns or leases a motor vehicle may11279
transfer special license plates assigned to that vehicle to any11280
other vehicle that the person owns or leases or that is owned or11281
leased by the person's spouse. The application shall be11282
accompanied by a service fee of two dollars and twenty-five cents,11283
a transfer fee of one dollar, and the original certificate of11284
registration. As appropriate, the application also shall be11285
accompanied by a power of attorney for the registration of a11286
leased vehicle and a written statement releasing the special11287
plates to the applicant. Upon a proper filing, the registrar or11288
deputy registrar shall assign the special license plates to the11289
motor vehicle owned or leased by the applicant and issue a new11290
certificate of registration for that motor vehicle.11291

       (B)Whoever violates this section is guilty of a misdemeanor11292
of the fourth degree.11293

       (C) As used in division (E)(A)(5) of this section, "special11294
license plates" means either of the following:11295

       (1) Any license plates for which the person to whom the11296
license plates are issued must pay an additional fee in excess of11297
the fees prescribed in section 4503.04 of the Revised Code,11298
Chapter 4504. of the Revised Code, and the service fee prescribed11299
in division (D) or (G) of section 4503.10 of the Revised Code;11300

       (2) License plates issued under section 4503.44 of the11301
Revised Code.11302

       Sec. 4503.182.  (A) A purchaser of a motor vehicle, upon11303
application and proof of purchase of the vehicle, may be issued a11304
temporary license placard or windshield sticker for the motor11305
vehicle.11306

       The purchaser of a vehicle applying for a temporary license11307
placard or windshield sticker under this section shall execute an11308
affidavit stating that the purchaser has not been issued11309
previously during the current registration year a license plate11310
that could legally be transferred to such vehicle.11311

       Placards or windshield stickers shall be issued only for the11312
applicant's use of the vehicle to enable the applicant to legally11313
operate the motor vehicle while proper title, license plates, and11314
a certificate of registration are being obtained, and shall be11315
displayed on no other motor vehicle.11316

       Placards or windshield stickers issued under this section are11317
valid for a period of thirty days from date of issuance and are11318
not transferable or renewable.11319

       The fee for such placards or windshield stickers is two11320
dollars plus a fee of two dollars and twenty-five cents for each11321
such placard issued by a deputy registrar.11322

       (B) The registrar of motor vehicles may issue to a motorized11323
bicycle dealer or a licensed motor vehicle dealer temporary11324
license placards to be issued to purchasers for use on vehicles11325
sold by the licensed dealer, in accordance with rules prescribed11326
by the registrar. The dealer shall notify the registrar within11327
forty-eight hours of proof of issuance on a form prescribed by the11328
registrar.11329

       The fee for each such placard issued by the registrar to a11330
licensed motor vehicle dealer is two dollars plus a fee of two11331
dollars and twenty-five cents.11332

       (C) The registrar of motor vehicles, at the registrar's11333
discretion, may issue a temporary license placard. Such a placard11334
may be issued in the case of extreme hardship encountered by a11335
citizen from this state or another state who has attempted to11336
comply with all registration laws, but for extreme circumstances11337
is unable to properly register the citizen's vehicle.11338

       (D) The registrar shall adopt rules, in accordance with11339
division (B) of section 111.15 of the Revised Code, to specify the11340
procedures for reporting the information from applications for11341
temporary license placards and windshield stickers and for11342
providing the information from these applications to law11343
enforcement agencies.11344

       (E) Temporary license placards issued under this section11345
shall bear a distinctive combination of seven letters, numerals,11346
or letters and numerals, and shall incorporate a security feature11347
that, to the greatest degree possible, prevents tampering with any11348
of the information that is entered upon a placard when it is11349
issued.11350

       (F) Whoever violates division (A) of this section is guilty11351
of a misdemeanor of the fourth degree. Whoever violates division11352
(B) of this section is guilty of a misdemeanor of the first11353
degree.11354

       (G) As used in this section, "motorized bicycle dealer"11355
means any person engaged in the business of selling at retail,11356
displaying, offering for sale, or dealing in motorized bicycles11357
who is not subject to section 4503.09 of the Revised Code.11358

       Sec. 4503.19. (A) Upon the filing of an application for11359
registration and the payment of the tax for registration, the11360
registrar of motor vehicles or a deputy registrar shall determine11361
whether the owner previously has been issued license plates for11362
the motor vehicle described in the application. If no license11363
plates previously have been issued to the owner for that motor11364
vehicle, the registrar or deputy registrar shall assign to the11365
motor vehicle a distinctive number and issue and deliver to the11366
owner in the manner that the registrar may select a certificate of11367
registration, in the form that the registrar shall prescribe, and,11368
except as otherwise provided in this section, two license plates,11369
duplicates of each other, and a validation sticker, or a11370
validation sticker alone, to be attached to the number plates as11371
provided in section 4503.191 of the Revised Code. The registrar11372
or deputy registrar also shall charge the owner any fees required11373
under division (C) of section 4503.10 of the Revised Code.11374
Trailers, manufactured homes, mobile homes, semitrailers, the11375
manufacturer thereof, the dealer, or in transit companies therein,11376
shall be issued one license plate only and one validation sticker,11377
or a validation sticker alone, and the license plate and11378
validation sticker shall be displayed only on the rear of such11379
vehicles. A commercial tractor that does not receive an11380
apportioned license plate under the international registration11381
plan shall be issued two license plates and one validation11382
sticker, and the validation sticker shall be displayed on the11383
front of the commercial tractor. An apportioned vehicle receiving11384
an apportioned license plate under the international registration11385
plan shall be issued one license plate only and one validation11386
sticker, or a validation sticker alone; the license plate shall be11387
displayed only on the front of a semitractor and on the rear of11388
all other vehicles. School buses shall not be issued license11389
plates but shall bear identifying numbers in the manner prescribed11390
by section 4511.764 of the Revised Code. The certificate of11391
registration and license plates and validation stickers, or11392
validation stickers alone, shall be issued and delivered to the11393
owner in person or by mail. Chauffeured limousines shall be11394
issued license plates, a validation sticker, and a livery sticker11395
as provided in section 4503.24 of the Revised Code. In the event11396
of the loss, mutilation, or destruction of any certificate of11397
registration, or of any license plates or validation stickers, or11398
if the owner chooses to replace license plates previously issued11399
for a motor vehicle, or if the registration certificate and11400
license plates have been impounded as provided by division11401
(F)(B)(1) of section 4507.02 and division (A)(4) of section11402
4507.16 of the Revised Code, the owner of a motor vehicle, or11403
manufacturer or dealer, may obtain from the registrar, or from a11404
deputy registrar if authorized by the registrar, a duplicate11405
thereof or new license plates bearing a different number, if the11406
registrar considers it advisable, upon filing an application11407
prescribed by the registrar, and upon paying a fee of one dollar11408
for such certificate of registration, a fee of two dollars for11409
each set of two license plates, or one dollar for each single11410
license plate or validation sticker. In addition, each applicant11411
for a replacement certificate of registration, license plate, or11412
validation sticker shall pay the fees provided in divisions (C)11413
and (D) of section 4503.10 of the Revised Code.11414

       Additionally, the registrar and each deputy registrar who11415
either issues license plates and a validation sticker for use on11416
any vehicle other than a commercial tractor, semitrailer, or11417
apportioned vehicle, or who issues a validation sticker alone for11418
use on such a vehicle and the owner has changed the owner's county11419
of residence since the owner last was issued county identification11420
stickers, also shall issue and deliver to the owner either one or11421
two county identification stickers, as appropriate, which shall be11422
attached to the license plates in a manner prescribed by the11423
director of public safety. The county identification stickers11424
shall identify prominently by name or number the county in which11425
the owner of the vehicle resides at the time of registration.11426

       (B)Whoever violates this section is guilty of a minor11427
misdemeanor.11428

       Sec. 4503.21. (A) No person who is the owner or operator of11429
a motor vehicle shall fail to display in plain view on the front11430
and rear of the motor vehicle the distinctive number and11431
registration mark, including any county identification sticker and11432
any validation sticker issued under sections 4503.19 and 4503.19111433
of the Revised Code, furnished by the director of public safety,11434
except that a manufacturer of motor vehicles or dealer therein,11435
the holder of an in transit permit, and the owner or operator of a11436
motorcycle, motorized bicycle, manufactured home, mobile home,11437
trailer, or semitrailer shall display on the rear only. A motor11438
vehicle that is issued two license plates shall display the11439
validation sticker only on the rear license plate, except that a11440
commercial tractor that does not receive an apportioned license11441
plate under the international registration plan shall display the11442
validation sticker on the front of the commercial tractor. An11443
apportioned vehicle receiving an apportioned license plate under11444
the international registration plan shall display the license11445
plate only on the front of a commercial tractor and on the rear of11446
all other vehicles. All license plates shall be securely fastened11447
so as not to swing, and shall not be covered by any material that11448
obstructs their visibility.11449

       No person to whom a temporary license placard or windshield11450
sticker has been issued for the use of a motor vehicle under11451
section 4503.182 of the Revised Code, and no operator of that11452
motor vehicle, shall fail to display the temporary license placard11453
in plain view from the rear of the vehicle either in the rear11454
window or on an external rear surface of the motor vehicle, or11455
fail to display the windshield sticker in plain view on the rear11456
window of the motor vehicle. No temporary license placard or11457
windshield sticker shall be covered by any material that obstructs11458
its visibility.11459

       (B)Whoever violates this section is guilty of a minor11460
misdemeanor.11461

       Sec. 4503.231. (A) No motor vehicle registered in the name11462
of a person whose certificate of registration and identification11463
license plates have been impounded as provided by division11464
(F)(B)(1) of section 4507.02 of the Revised Code, shall be11465
operated or driven on any highway in this state unless it displays11466
identificationrestricted license plates whichthat are a11467
different color from those regularly issued and carry a special11468
serial number that may be readily identified by law enforcement11469
officers. The registrar of motor vehicles shall designate the11470
color and serial number to be used on suchrestricted license11471
plates, which shall remain the same from year to year and shall11472
not be displayed on any other motor vehicles.11473

       The bureau of motor vehicles shall adopt rules providing for11474
the decentralization of the issuance of identificationrestricted11475
license plates under this section. The rules shall provide for11476
the issuance of the identificationrestricted license plates by at11477
least one agency in each county.11478

       No person operating a motor vehicle displaying restricted11479
license plates as described in this division shall knowingly11480
disguise or obscure the color of the restricted plate.11481

       (B) If a person has been granted limited driving privileges11482
with a condition of the privileges being that the person must11483
display on the vehicle that is driven under the privileges11484
restricted license plates that are described in this section, all11485
of the following apply:11486

       (1) If a motor vehicle to be driven under the limited11487
driving privileges is owned by the person's employer and if the11488
person is required to operate that motor vehicle in the course and11489
scope of the person's employment, the person may operate that11490
vehicle without displaying on that vehicle restricted license11491
plates that are issued under this section if the employer has been11492
notified that the person has limited drivingprivileges and of the11493
nature of the restriction and if the person has proof of the11494
employer's notification in the person's possession while operating11495
the employer's vehicle for normal business duties. A motor11496
vehicle owned by a business that is partly or entirely owned or11497
controlled by the person with the limited driving privileges is11498
not a motor vehicle owned by an employer, for purposes of this11499
division.11500

       (2) If a motor vehicle to be driven under the limited11501
driving privileges is registered in a state other than this state,11502
instead of displaying on that vehicle restricted license plates11503
that are issued under this section, the person with the limited11504
driving privileges shall display on the vehicle a decal, as11505
prescribed by the registrar of motor vehicles, that states that11506
the vehicle is subject to limited driving privileges in this state11507
and that describes the restriction. The decal shall be displayed11508
on the bottom left cornerof the back window of the vehicle or, if11509
there is no back window, on the bottom left corner of the11510
windshield of the vehicle. The bureau of motor vehicles shall11511
adopt rules providing for the decentralization of the issuance of11512
the decals described in this division, with the rules providing11513
for the issuance of the decals by at least one agency in each11514
county.11515

       (C) Whoever violates this section is guilty of a minor11516
misdemeanor.11517

       Sec. 4503.233.  (A)(1) As used in this section, "vehicle11518
owner" means either of the following:11519

       (a) The person in whose name is registered, at the time of11520
the offense, a vehicle that is subject to an immobilization order11521
issued under division (A)(2) of this section;11522

       (b) A person to whom, at the time of the offense, the11523
certificate of title to a vehicle has been assigned and who has11524
not obtained a certificate of title to the vehicle in that11525
person's name but who is deemed by the court as being the owner of11526
the vehicle at the time of the offense for which the vehicle is11527
subject to an immobilization order issued under division (A)(2) of11528
this section.11529

       (2) If a court is required to order the immobilization of a11530
vehicle for a specified period of time pursuant to division (B)(1)11531
or (2), (C)(1) or (2), or (E)(1) of section 4507.99, pursuant to11532
division (A)(2)(b),, (6)(b), or (7)(b) of section 4511.99,11533
pursuant to division (B)(1) or (2) or (C)(1) or (2) of section11534
4507.361, or pursuant to division (B)(2)(i) or (ii) of section11535
4510.11,4510.14,4510.16,4510.41,4511.19, 4511.193,or4511.20311536
of the Revised Code, the court shall issue an immobilization11537
order, subject to section 4503.235 of the Revised Code, in11538
accordance with this division and for the period of time specified11539
in the particular divisionsection, and the immobilization under11540
the order shall be in accordance with this section. The court, at11541
the time of sentencing the offender for the offense relative to11542
which the immobilization order is issued or as soon thereafter as11543
is practicable, shall give a copy of the order to the offender or11544
the offender's counsel and to the vehicle owner or the vehicle11545
owner's counsel. The court promptly shall send a copy of the11546
order to the registrar on a form prescribed by the registrar and11547
to the person or agency it designates to execute the order.11548

       The order shall indicate the date on which it is issued,11549
shall identify the vehicle that is subject to the order, and shall11550
specify all of the following:11551

       (a) The period of the immobilization;11552

       (b) The place at which the court determines that the11553
immobilization shall be carried out, provided that the court shall11554
not determine and shall not specify that the immobilization is to11555
be carried out at any place other than a commercially operated11556
private storage lot, a place owned by a law enforcement or other11557
government agency, or a place to which one of the following11558
applies:11559

       (i) The place is leased by or otherwise under the control of11560
a law enforcement or other government agency.11561

       (ii) The place is owned by the offender, the offender's11562
spouse, or a parent or child of the offender.11563

       (iii) The place is owned by a private person or entity, and,11564
prior to the issuance of the order, the private entity or person11565
that owns the place, or the authorized agent of that private11566
entity or person, has given express written consent for the11567
immobilization to be carried out at that place.11568

       (iv) The place is a public street or highway on which the11569
vehicle is parked in accordance with the law.11570

       (c) The person or agency designated by the court to execute11571
the order, which shall be either the law enforcement agency that11572
employs the law enforcement officer who seized the vehicle, a11573
bailiff of the court, another person the court determines to be11574
appropriate to execute the order, or the law enforcement agency11575
with jurisdiction over the place of residence of the vehicle11576
owner;11577

       (d) That neither the registrar nor a deputy registrar will11578
be permitted to accept an application for the license plate11579
registration of any motor vehicle in the name of the vehicle owner11580
until the immobilization fee is paid.11581

       (3)(2) The person or agency the court designates to11582
immobilize the vehicle shall seize or retain that vehicle's11583
license plates and forward them to the bureau of motor vehicles.11584

       (4)(3) In all cases, the vehicle owneroffender shall be11585
assessed an immobilization fee of one hundred dollars, and the11586
immobilization fee shall be paid to the registrar before the11587
vehicle may be released to the vehicle owneroffender Neither the11588
registrar nor a deputy registrar shall accept an application for11589
the registration of any motor vehicle in the name of the vehicle11590
owneroffender until the immobilization fee is paid.11591

       (5)(4) If the vehicle subject to the order is immobilized11592
pursuant to the order and is found being operated upon any street11593
or highway in this state during the immobilization period, it11594
shall be seized, removed from the street or highway, and11595
criminally forfeited and disposed of pursuant to section 4503.23411596
of the Revised Code.11597

       (6)(5) The registrar shall deposit the immobilization fee11598
into the law enforcement reimbursement fund created by section11599
4501.19 of the Revised Code. Money in the fund shall be expended11600
only as provided in division (A)(6)(5) of this section. If the11601
court designated in the order a court bailiff or another11602
appropriate person other than a law enforcement officer to11603
immobilize the vehicle, the amount of the fee deposited into the11604
law enforcement reimbursement fund shall be paid out to the county11605
treasury if the court that issued the order is a county court, to11606
the treasury of the municipal corporation served by the court if11607
the court that issued the order is a mayor's court, or to the city11608
treasury of the legislative authority of the court, both as11609
defined in section 1901.03 of the Revised Code, if the court that11610
issued the order is a municipal court. If the court designated a11611
law enforcement agency to immobilize the vehicle and if the law11612
enforcement agency immobilizes the vehicle, the amount of the fee11613
deposited into the law enforcement reimbursement fund shall be11614
paid out to the law enforcement agency to reimburse the agency for11615
the costs it incurs in obtaining immobilization equipment and, if11616
required, in sending an officer or other person to search for and11617
locate the vehicle specified in the immobilization order and to11618
immobilize the vehicle.11619

       In addition to the immobilization fee required to be paid11620
under division (A)(4)(3) of this section, the vehicle owner11621
offender may be charged expenses or charges incurred in the11622
removal and storage of the immobilized vehicle.11623

       (B) If a court issues an immobilization order under division11624
(A)(2)(1) of this section, the person or agency designated by the11625
court to execute the immobilization order promptly shall11626
immobilize or continue the immobilization of the vehicle at the11627
place specified by the court in the order. The registrar shall11628
not authorize the release of the vehicle or authorize the issuance11629
of new identification license plates for the vehicle at the end of11630
the immobilization period until the immobilization fee has been11631
paid.11632

       (C) Upon receipt of the license plates for a vehicle under11633
this section, the registrar shall destroy the license plates. At11634
the end of the immobilization period and upon the payment of the11635
immobilization fee that must be paid under this section, the11636
registrar shall authorize the release of the vehicle and authorize11637
the issuance, upon the payment of the same fee as is required for11638
the replacement of lost, mutilated, or destroyed license plates11639
and certificates of registration, of new license plates and, if11640
necessary, a new certificate of registration to the vehicle owner11641
offender for the vehicle in question.11642

       (D)(1) If a court issues an immobilization order under11643
division (A) of this section, the immobilization period commences11644
on the day on which the vehicle in question is immobilized. If11645
the vehicle in question had been seized under section 4507.3811646
4510.41 or 4511.195 of the Revised Code, the time between the11647
seizure and the beginning of the immobilization period shall be11648
credited against the immobilization period specified in the11649
immobilization order issued under division (A) of this section. No11650
vehicle that is impoundedimmobilized under this section is11651
eligible to have specialrestricted license plates of the type11652
described inunder section 4503.231 of the Revised Code issued for11653
that vehicle.11654

       (2) If a court issues an immobilization order under division11655
(A) of this section, if the vehicle subject to the order is11656
immobilized under the order, and if the vehicle is found being11657
operated upon any street or highway of this state during the11658
immobilization period, it shall be seized, removed from the street11659
or highway, and criminally forfeited, and disposed of pursuant to11660
section 4503.234 of the Revised Code. No vehicle that is11661
forfeited under this provision shall be considered contraband for11662
purposes of section 2933.41, 2933.42, or 2933.43 of the Revised11663
Code, but shall be held by the law enforcement agency that employs11664
the officer who seized it for disposal in accordance with section11665
4503.234 of the Revised Code.11666

       (3) If a court issues an immobilization order under division11667
(A) of this section, and if the vehicle is not claimed within11668
seven days after the end of the period of immobilization or if the11669
vehicle owneroffender has not paid the immobilization fee, the11670
person or agency that immobilized the vehicle shall send a written11671
notice to the vehicle owneroffender at the vehicle owner's11672
offender's last known address informing the vehicle owneroffender11673
of the date on which the period of immobilization ended, that the11674
vehicle owneroffender has twenty days after the date of the11675
notice to pay the immobilization fee and obtain the release of the11676
vehicle, and that if the vehicle owneroffender does not pay the11677
fee and obtain the release of the vehicle within that twenty-day11678
period, the vehicle will be forfeited under section 4503.234 of11679
the Revised Code to the entity that is entitled to the11680
immobilization fee.11681

       (4) An owner of aoffender whose motor vehicle that is11682
subject to an immobilization order issued under division (A) of11683
this section shall not sell the motor vehicle without approval of11684
the court that issued the order. If such an owneroffender wishes11685
to sell the motor vehicle during the immobilization period, the11686
owneroffender shall apply to the court that issued the11687
immobilization order for permission to assign the title to the11688
vehicle. If the court is satisfied that the sale will be in good11689
faith and not for the purpose of circumventing the provisions of11690
division (A)(2)(1) of this section, it may certify its consent to11691
the owneroffender and to the registrar. Upon receipt of the11692
court's consent, the registrar shall enter the court's notice in11693
the owner'soffender's vehicle license plate registration record.11694

       If, during a period of immobilization under an immobilization11695
order issued under division (A) of this section, the title to the11696
immobilized motor vehicle is transferred by the foreclosure of a11697
chattel mortgage, a sale upon execution, the cancellation of a11698
conditional sales contract, or an order of a court, the involved11699
court shall notify the registrar of the action, and the registrar11700
shall enter the court's notice in the owner'soffender's vehicle11701
license plate registration record.11702

       Nothing in this section shall be construed as requiring the11703
registrar or the clerk of the court of common pleas to note upon11704
the certificate of title records any prohibition regarding the11705
sale of a motor vehicle.11706

       (5) If the title to a motor vehicle that is subject to an11707
immobilization order under division (A) of this section is11708
assigned or transferred without court approval between the time of11709
arrest of the person who was operating the vehicle at the time of11710
offender who committed the offense for which such an order is to11711
be issued and the time of the actual immobilization of the11712
vehicle, the court shall order that, for a period of two years11713
from the date of the order, neither the registrar nor any deputy11714
registrar shall accept an application for the registration of any11715
motor vehicle in the name of the owner of theoffender whose11716
vehicle that was assigned or transferred without court approval.11717
The court shall notify the registrar of the order on a form11718
prescribed by the registrar for that purpose.11719

       (E)(1) The court with jurisdiction over the case, after11720
notice to all interested parties including lienholders, and after11721
an opportunity for them to be heard, if the vehicle owneroffender11722
fails to appear in person, without good cause, or if the court11723
finds that the vehicle owneroffender does not intend to seek11724
release of the vehicle at the end of the period of immobilization11725
or that the vehicle owneroffender is not or will not be able to11726
pay the expenses and charges incurred in its removal and storage,11727
may order that title to the vehicle be transferred, in order of11728
priority, first into the name of the entity entitled to the11729
immobilization fee under division (A)(6)(5) of this section, next11730
into the name of a lienholder, or lastly, into the name of the11731
owner of the place of storage.11732

       A lienholder that receives title under a court order shall do11733
so on the condition that it pay any expenses or charges incurred11734
in the vehicle's removal and storage. If the entity that receives11735
title to the vehicle is the entity that is entitled to the11736
immobilization fee under division (A)(6)(5) of this section, it11737
shall receive title on the condition that it pay any lien on the11738
vehicle. The court shall not order that title be transferred to11739
any person or entity other than the owner of the place of storage11740
if the person or entity refuses to receive the title. Any person11741
or entity that receives title may either keep title to the vehicle11742
or may dispose of the vehicle in any legal manner that it11743
considers appropriate, including assignment of the certificate of11744
title to the motor vehicle to a salvage dealer or a scrap metal11745
processing facility. The person or entity shall not transfer the11746
vehicle to the person who is the vehicle's immediate previous11747
owner.11748

       If the person or entity assigns the motor vehicle to a11749
salvage dealer or scrap metal processing facility, the person or11750
entity shall send the assigned certificate of title to the motor11751
vehicle to the clerk of the court of common pleas of the county in11752
which the salvage dealer or scrap metal processing facility is11753
located. The person or entity shall mark the face of the11754
certificate of title with the words "FOR DESTRUCTION" and shall11755
deliver a photocopy of the certificate of title to the salvage11756
dealer or scrap metal processing facility for its records.11757

       (2) Whenever a court issues an order under division (E)(1)11758
of this section, the court also shall order removal of the license11759
plates from the vehicle and cause them to be sent to the registrar11760
if they have not already been sent to the registrar. Thereafter,11761
no further proceedings shall take place under this section, but11762
the vehicle owneroffender remains liable for payment of the11763
immobilization fee described in division (A)(4)(3) of this section11764
if an immobilization order previously had been issued by the11765
court.11766

       (3) Prior to initiating a proceeding under division (E)(1)11767
of this section, and upon payment of the fee under division (B) of11768
section 4505.14 of the Revised Code, any interested party may11769
cause a search to be made of the public records of the bureau of11770
motor vehicles or the clerk of the court of common pleas, to11771
ascertain the identity of any lienholder of the vehicle. The11772
initiating party shall furnish this information to the clerk of11773
the court with jurisdiction over the case, and the clerk shall11774
provide notice to the vehicle owner, the defendant, any11775
lienholder, and any other interested parties listed by the11776
initiating party, at the last known address supplied by the11777
initiating party, by certified mail or, at the option of the11778
initiating party, by personal service or ordinary mail.11779

       As used in this section, "interested party" includes the11780
vehicle owneroffender, all lienholders, the defendant, the owner11781
of the place of storage, the person or entity that caused the11782
vehicle to be removed, and the person or entity, if any, entitled11783
to the immobilization fee under division (A)(6)(5) of this11784
section.11785

       Sec. 4503.234.  (A) As used in this section, "vehicle owner"11786
means the person in whose name is registered a vehicle that is11787
subject to an order of forfeiture issued under this section.11788

       (B) If a court is required by section 4503.233, 4503.236,11789
4507.361, 4507.99,4510.11, 4510.14, 4510.16, 4510.41, 4511.19,11790
4511.193, or 4511.994511.203 of the Revised Code to order the11791
criminal forfeiture of a vehicle, the order shall be issued and11792
enforced in accordance with this division, subject to division11793
(C)(B) of this section and section 4503.235 of the Revised Code.11794
An order of criminal forfeiture issued under this division shall11795
authorize an appropriate law enforcement agency to seize the11796
vehicle ordered criminally forfeited upon the terms and conditions11797
that the court determines proper. No vehicle ordered criminally11798
forfeited pursuant to this division shall be considered contraband11799
for purposes of section 2933.41, 2933.42, or 2933.43 of the11800
Revised Code, but shall be held by the law enforcement agency that11801
employs the officer who seized it shall hold the vehicle for11802
disposal in accordance with this section. A forfeiture order may11803
be issued only after the vehicle owneroffender has been provided11804
with an opportunity to be heard. The prosecuting attorney shall11805
give the vehicle owneroffender written notice of the possibility11806
of forfeiture by sending a copy of the relevant uniform traffic11807
ticket or other written notice to the vehicle owneroffender not11808
less than seven days prior to the date of issuance of the11809
forfeiture order. A vehicle is subject to an order of criminal11810
forfeiture pursuant to this division upon the conviction of the11811
offender of or plea of guilty by the offender to a violation of11812
division (A) of section 4503.236, division (B)(1) or (D)(2) of11813
section 4507.02, section 4507.334510.11, 4510.14, 4510.16,or11814
4511.203, or division (A) of section 4511.19 of the Revised Code,11815
or a municipal ordinance that is substantially equivalent to11816
division (A) of section 4503.236, division (B)(1) or (D)(2) of11817
section 4507.02, section 4507.33, or division (A) of section11818
4511.19 of the Revised Codeany of those sections or divisions.11819

       (C)(B)(1) Prior to the issuance of an order of criminal11820
forfeiture pursuant to division (B) of this section, the law11821
enforcement agency that employs the law enforcement officer who11822
seized the vehicle shall conduct or cause to be conducted a search11823
of the appropriate public records that relate to the vehicle and11824
shall make or cause to be made reasonably diligent inquiries to11825
identify any lienholder or any person or entity with an ownership11826
interest in the vehicle. The court that is to issue the11827
forfeiture order also shall cause a notice of the potential order11828
relative to the vehicle and of the expected manner of disposition11829
of the vehicle after its forfeiture to be sent to any lienholder11830
or person who is known to the court to have any right, title, or11831
interest in the vehicle. The court shall give the notice by11832
certified mail, return receipt requested, or by personal service.11833

       (2) No order of criminal forfeiture shall be issued pursuant11834
to division (B) of this section if a lienholder or other person11835
with an ownership interest in the vehicle establishes to the11836
court, by a preponderance of the evidence after filing a motion11837
with the court, that the lienholder or other that person neither11838
knew nor should have known after a reasonable inquiry that the11839
vehicle would be used or involved, or likely would be used or11840
involved, in the violation resulting in the issuance of the order11841
of criminal forfeiture or the violation of the order of11842
immobilization issued under section 4503.233 of the Revised Code,11843
that the lienholder or other that person did not expressly or11844
impliedly consent to the use or involvement of the vehicle in that11845
violation, and that the lien or ownership interest was perfected11846
pursuant to law prior to the seizure of the vehicle under section11847
4503.236, 4507.38, or4510.41, 4511.195,or4511.203 of the11848
Revised Code. If the lienholder or holder of the ownership11849
interest satisfies the court that these criteria have been met,11850
the court shall preserve the holder's the lienholder's or other11851
person's lien or interest, and the court either shall return the11852
vehicle to the holder, the holder's or shall order that the the11853
holder's proceeds of any sale held pursuant to division (D)(C)(2)11854
of this section be paid to the lienholder or holder of the11855
interest less the costs of seizure, storage, and maintenance of11856
the vehicle. The court shall not return a vehicle to a lienholder11857
or a holder of an ownership interest under division (C)(2) of this11858
section unless the lienholder or holder submits an affidavit to11859
the court that states that the lienholder or holder will not11860
return the vehicle to the person from whom the vehicle was seized11861
pursuant to the order of criminal forfeiture or to any member of11862
that person's family and will not otherwise knowingly permit that11863
person or any member of that person's family to obtain possession11864
of the vehicle.11865

       (3) No order of criminal forfeiture shall be issued pursuant11866
to division (B) of this section if a person with an interest in11867
the vehicle establishes to the court, by a preponderance of the11868
evidence after filing a motion with the court, that the person11869
neither knew nor should have known after a reasonable inquiry that11870
the vehicle had been used or was involved in the violation11871
resulting in the issuance of the order of criminal forfeiture or11872
the violation of the order of immobilization issued under section11873
4503.233 of the Revised Code, that the person did not expressly or11874
impliedly consent to the use or involvement of the vehicle in that11875
violation, that the interest was perfected in good faith and for11876
value pursuant to law between the time of the arrest of the11877
offender and the final disposition of the criminal charge in11878
question, and that the vehicle was in the possession of the11879
vehicle ownerinterest holder at the time of the perfection of the11880
interest. If the court is satisfied that the interest holder has11881
met these criteria, the court shall preserve the holder's the11882
interest holder's interest, and the court either shall return the11883
vehicle to the interest holder the holder's or order that the the11884
holder's proceeds of any sale held pursuant to division (D)(C) of11885
this section be paid to the holder of the interest less the costs11886
of seizure, storage, and maintenance of the vehicle. The court11887
shall not return a vehicle to an interest holder under division11888
(C)(3) of this section unless the holder submits an affidavit to11889
the court stating that the holder will not return the vehicle to11890
the person from whom the holder acquired the holder's the holder's11891
interest, nor to any member of that person's family, and the11892
holder will not otherwise knowingly permit that person or any11893
member of that person's family to obtain possession of the11894
vehicle.11895

       (D)(C) A vehicle ordered criminally forfeited to the state11896
pursuant to division (B) of this section shall be disposed of as11897
follows:11898

       (1) It shall be given to the law enforcement agency that11899
employs the law enforcement officer who seized the vehicle, if11900
that agency desires to have it;11901

       (2) If a vehicle is not disposed of pursuant to division11902
(D)(C)(1) of this section, the vehicle shall be sold, without11903
appraisal, if the value of the vehicle is two thousand dollars or11904
more as determined by publications of the national auto dealer's11905
association, at a public auction to the highest bidder for cash. 11906
Prior to the sale, the prosecuting attorney in the case shall11907
cause a notice of the proposed sale to be given in accordance with11908
law. The court shall cause notice of the sale of the vehicle to11909
be published in a newspaper of general circulation in the county11910
in which the court is located at least seven days prior to the11911
date of the sale. The proceeds of a sale under this division or11912
division (G)(F) of this section shall be applied in the following11913
order:11914

       (a) First, they shall be applied to the payment of the costs11915
incurred in connection with the seizure, storage, and maintenance11916
of, and provision of security for, the vehicle, any proceeding11917
arising out of the forfeiture, and if any, the sale.11918

       (b) Second, the remaining proceeds after compliance with11919
division (D)(C)(2)(a) of this section, shall be applied to the11920
payment of the value of any lien or ownership interest in the11921
vehicle preserved under division (C)(B) of this section.11922

       (c) Third, the remaining proceeds, after compliance with11923
divisions (D)(C)(2)(a) and (b) of this section, shall be applied11924
to the appropriate funds in accordance with divisions (D)(1)(c)11925
and (2) of section 2933.43 of the Revised Code, provided that the11926
total of the amount so deposited under this division shall not11927
exceed one thousand dollars. The remaining proceeds deposited11928
under this division shall be used only for the purposes authorized11929
by those divisions and division (D)(3)(a)(ii) of that section.11930

       (d) Fourth, the remaining proceeds after compliance with11931
divisions (D)(C)(2)(a) and (b) of this section and after deposit11932
of a total amount of one thousand dollars under division11933
(D)(C)(2)(c) of this section shall be applied so that fifty per11934
cent of those remaining proceeds is paid into the reparation fund11935
established by section 2743.191 of the Revised Code, twenty-five11936
per cent is paid into the drug abuse resistance education programs11937
fund created by division (L)(F)(2)(e) of section 4511.191 of the11938
Revised Code and shall be used only for the purposes authorized by11939
division (L)(F)(2)(e) of that section, and twenty-five per cent is11940
applied to the appropriate funds in accordance with division11941
(D)(1)(c) of section 2933.43 of the Revised Code. The proceeds11942
deposited into any fund described in section 2933.43 of the11943
Revised Code shall be used only for the purposes authorized by11944
division (D)(1)(c), (2), and (3)(a)(ii) of that section.11945

       (E) Notwithstanding(D)Except as provided in division (E)11946
of section 4511.203 of the Revised Code and notwithstanding any11947
other provision of law, neither the registrar of motor vehicles11948
nor any deputy registrar shall accept an application for the11949
registration of any motor vehicle in the name of any person, or11950
register any motor vehicle in the name of any person, if both of11951
the following apply:11952

       (1) Any vehicle registered in the person's name was11953
criminally forfeited under division (B) of this section and11954
section 4503.233, 4503.236, 4507.361, 4507.994510.10, 4510.11,11955
4510.14, 4510.16, 4510.41, 4511.19, 4511.193, or 4511.994511.20311956
of the Revised Code;11957

       (2) Less than five years have expired since the issuance of11958
the most recent order of criminal forfeiture issued in relation to11959
a vehicle registered in the person's name.11960

       (F)(E) If a court is required by section 4503.233, 4503.236,11961
4507.361, 4507.994510.10, 4510.11, 4510.14, 4510.16, 4510.41,11962
4511.19, 4511.193, or 4511.994511.203 of the Revised Code to11963
order the criminal forfeiture to the state of a vehicle, and the11964
title to the motor vehicle is assigned or transferred, and11965
division (C)(B)(2) or (3) of this section applies, in addition to11966
or independent of any other penalty established by law, the court11967
may fine the offender the value of the vehicle as determined by11968
publications of the national auto dealer's association. The11969
proceeds from any fine imposed under this division (F) of this11970
section shall be distributed in accordance with division (D)(4)11971
(C)(2) of this section.11972

       (G)(F) As used in division (D) of this section and divisions11973
(D)(1)(c), (D)(2), and (D)(3)(a)(ii) of section 2933.43 of the11974
Revised Code in relation to proceeds of the sale of a vehicle11975
under division (D)(C) of this section, "prosecuting attorney"11976
includes the prosecuting attorney, village solicitor, city11977
director of law, or similar chief legal officer of a municipal11978
corporation who prosecutes the case resulting in the conviction or11979
guilty plea in question.11980

       (G) If the vehicle to be forfeited has an average retail11981
value of less than two thousand dollars as determined by11982
publications of the national auto dealer's association, no public11983
auction is required to be held. In such a case, the court may11984
direct that the vehicle be disposed of in any manner that it11985
considers appropriate, including assignment of the certificate of11986
title to the motor vehicle to a salvage dealer or a scrap metal11987
processing facility. The court shall not transfer the vehicle to11988
the person who is the vehicle's immediate previous owner.11989

       If the court assigns the motor vehicle to a salvage dealer or11990
scrap metal processing facility and the court is in possession of11991
the certificate of title to the motor vehicle, it shall send the11992
assigned certificate of title to the motor vehicle to the clerk of11993
the court of common pleas of the county in which the salvage11994
dealer or scrap metal processing facility is located. The court11995
shall mark the face of the certificate of title with the words11996
"FOR DESTRUCTION" and shall deliver a photocopy of the certificate11997
of title to the salvage dealer or scrap metal processing facility11998
for its records.11999

       If the court is not in possession of the certificate of title12000
to the motor vehicle, the court shall issue an order transferring12001
ownership of the motor vehicle to a salvage dealer or scrap metal12002
processing facility, send the order to the clerk of the court of12003
common pleas of the county in which the salvage dealer or scrap12004
metal processing facility is located, and send a photocopy of the12005
order to the salvage dealer or scrap metal processing facility for12006
its records. The clerk shall make the proper notations or entries12007
in the clerk's records concerning the disposition of the motor12008
vehicle.12009

       Sec. 4503.236.  (A) No person shall operate a motor vehicle12010
or permit the operation of a motor vehicle upon any public or12011
private property used by the public for vehicular travel or12012
parking knowing or having reasonable cause to believe that the12013
motor vehicle has been ordered immobilized pursuant to an12014
immobilization order issued under section 4503.233 of the Revised12015
Code.12016

       (B) A motor vehicle that is operated by a person during a12017
violation of division (A) of this section shall be criminally12018
forfeited to the state in accordance with the procedures contained12019
in section 4503.234 of the Revised Code, but such forfeiture is12020
subject to section 4503.235 of the Revised Code.12021

       (C)Whoever violates division (A) of this section is guilty12022
of a misdemeanor of the second degree.12023

       Sec. 4503.28. (A) No person who is a manufacturer of,12024
dealer in, or distributor of motor vehicles shall fail to file an12025
application for registration and to pay the tax thereforfor the12026
registration and to apply for and pay the legal fees for as many12027
certified copies thereofof the registration as the law requires.12028

       (B)Whoever violates this section is guilty of a misdemeanor12029
of the fourth degree.12030

       Sec. 4503.30. (A) Any placards issued by the registrar of12031
motor vehicles and bearing the distinctive number assigned to a12032
manufacturer, dealer, or distributor pursuant to section 4503.2712033
of the Revised Code may be displayed on any motor vehicle, other12034
than commercial cars, or on any motorized bicycle owned by the12035
manufacturer, dealer, or distributor, or lawfully in the12036
possession or control of the manufacturer, or the agent or12037
employee of the manufacturer, the dealer, or the agent or employee12038
of the dealer, the distributor, or the agent or employee of the12039
distributor, and shall be displayed on no other motor vehicle or12040
motorized bicycle. A placard may be displayed on a motor vehicle,12041
other than a commercial car, owned by a dealer when the vehicle is12042
in transit from a dealer to a purchaser, when the vehicle is being12043
demonstrated for sale or lease, or when the vehicle otherwise is12044
being utilized by the dealer. A vehicle bearing a placard issued12045
to a dealer under section 4503.27 of the Revised Code may be12046
operated by the dealer, an agent or employee of the dealer, a12047
prospective purchaser, or a third party operating the vehicle with12048
the permission of the dealer.12049

       Such placards may be displayed on commercial cars only when12050
the cars are in transit from a manufacturer to a dealer, from a12051
distributor to a dealer or distributor, or from a dealer to a12052
purchaser, or when the cars are being demonstrated for sale or12053
lease, and shall not be displayed when the cars are being used for12054
delivery, hauling, transporting, or other commercial purpose.12055

       (B)Whoever violates this section is guilty of a misdemeanor12056
of the third degree.12057

       Sec. 4503.301.  (A) A manufacturer, dealer, or distributor12058
of motor vehicles may apply for a reasonable number of commercial12059
car demonstration placards. The application shall show the make12060
of commercial cars, commercial tractors, trailers, and12061
semitrailers manufactured, dealt, or distributed in and shall show12062
the taxing district in which the applicant's place of business is12063
located.12064

       Upon the filing of such application and the payment of an12065
annual fee of five hundred dollars and appropriate postage as12066
required by the registrar of motor vehicles, the registrar shall12067
assign to the applicant a distinctive placard and number. Such12068
placards shall be known as "commercial car demonstration12069
placards," and shall expire on a date prescribed by the registrar. 12070
Upon the first application by any person for such placards, the12071
registrar shall prorate the annual fee in accordance with section12072
4503.11 of the Revised Code; for all renewals or replacements of12073
such placards, the registrar shall collect the full amount of the12074
annual fee.12075

       Commercial car demonstration placards may be displayed on12076
commercial cars, commercial tractors, trailers and semitrailers12077
owned by the manufacturer, dealer, or distributor, when those12078
vehicles are operated by or being demonstrated to a prospective12079
purchaser. In addition to the purposes permitted by section12080
4503.30 of the Revised Code, the placards provided for in this12081
section may be displayed on vehicles operated or used for12082
delivery, hauling, transporting, or any other lawful purpose. When12083
such placards are used, the placards provided for in section12084
4503.30 of the Revised Code need not be displayed.12085

       The operator of any commercial car, commercial tractor,12086
trailer, or semitrailer displaying the placards provided for in12087
this section, at all times, shall carry with the operator a letter12088
from the manufacturer, dealer, or distributor authorizing the use12089
of such manufacturer's, dealer's, or distributor's commercial car12090
demonstration placards.12091

       When such placards are used on any commercial car or12092
commercial tractor, such power unit shall be considered duly12093
registered and licensed for the purposes of section 4503.38 of the12094
Revised Code.12095

       (B) No manufacturer, dealer, or distributor of motor12096
vehicles shall use the commercial car demonstration placard for12097
purposes other than those authorized by this section.12098

       (C)Whoever violates division (B) of this section is guilty12099
of a misdemeanor of the third degree.12100

       Sec. 4503.32. (A) No person shall use the license placards12101
provided for in section 4503.31 of the Revised Code contrary to12102
said section.12103

       (B)Whoever violates this section is guilty of a misdemeanor12104
of the third degree.12105

       Sec. 4503.34. (A) No person who is a drive-away operator or12106
trailer transporter, or both, engaged in the business of12107
transporting and delivering new motor vehicles or used motor12108
vehicles, or both, by means of the full mount method, the saddle12109
mount method, the tow bar method, the tow-away method, or any12110
combination thereof, or under their own power, shall fail to file12111
an application as required by section 4503.33 of the Revised Code,12112
and to pay the fees therefor and to apply for and pay the legal12113
fees for as many certified copies thereof as said section12114
requires.12115

       (B)Whoever violates this section is guilty of a minor12116
misdemeanor.12117

       Sec. 4503.39.  With regard to a motor vehicle leased by or in12118
the name of a person named in a declaration of forfeiture12119
suspension order, the registrar of motor vehicles shall adopt12120
procedures as indicated in division (D) of section 2935.27,12121
division (A) of section 2937.221, and division (B) of section12122
4507.1684510.22 of the Revised Code. The procedures shall12123
prescribe the information and methodology necessary to implement12124
those divisions.12125

       Sec. 4503.44.  (A) As used in this section and in section12126
4511.69 of the Revised Code:12127

       (1) "Person with a disability that limits or impairs the12128
ability to walk" means any person who, as determined by a12129
physician or chiropractor, meets any of the following criteria:12130

       (a) Cannot walk two hundred feet without stopping to rest;12131

       (b) Cannot walk without the use of, or assistance from, a12132
brace, cane, crutch, another person, prosthetic device,12133
wheelchair, or other assistive device;12134

       (c) Is restricted by a lung disease to such an extent that12135
the person's forced (respiratory) expiratory volume for one12136
second, when measured by spirometry, is less than one liter, or12137
the arterial oxygen tension is less than sixty millimeters of12138
mercury on room air at rest;12139

       (d) Uses portable oxygen;12140

       (e) Has a cardiac condition to the extent that the person's12141
functional limitations are classified in severity as class III or12142
class IV according to standards set by the American heart12143
association;12144

       (f) Is severely limited in the ability to walk due to an12145
arthritic, neurological, or orthopedic condition;12146

       (g) Is blind.12147

       (2) "Organization" means any private organization or12148
corporation, or any governmental board, agency, department,12149
division, or office, that, as part of its business or program,12150
transports persons with disabilities that limit or impair the12151
ability to walk on a regular basis in a motor vehicle that has not12152
been altered for the purpose of providing it with special12153
equipment for use by handicapped persons. This definition does12154
not apply to division (J) of this section.12155

       (3) "Physician" means a person licensed to practice medicine12156
or surgery or osteopathic medicine and surgery under Chapter 4731.12157
of the Revised Code.12158

       (4) "Chiropractor" means a person licensed to practice12159
chiropractic under Chapter 4734. of the Revised Code.12160

       (B) Any organization or person with a disability that limits12161
or impairs the ability to walk may apply to the registrar of motor12162
vehicles for a removable windshield placard or, if the person owns12163
or leases a motor vehicle, the person may apply for the12164
registration of any motor vehicle the person owns or leases. In12165
addition to one or more sets of license plates or one placard, a12166
person with a disability that limits or impairs the ability to12167
walk is entitled to one additional placard, but only if the person12168
applies separately for the additional placard, states the reasons12169
why the additional placard is needed, and the registrar, in the12170
registrar's discretion, determines that good and justifiable cause12171
exists to approve the request for the additional placard. When a12172
motor vehicle has been altered for the purpose of providing it12173
with special equipment for a person with a disability that limits12174
or impairs the ability to walk, but is owned or leased by someone12175
other than such a person, the owner or lessee may apply to the12176
registrar or a deputy registrar for registration under this12177
section. The application for registration of a motor vehicle12178
owned or leased by a person with a disability that limits or12179
impairs the ability to walk shall be accompanied by a signed12180
statement from the applicant's personal physician or chiropractor12181
certifying that the applicant meets at least one of the criteria12182
contained in division (A)(1) of this section and that the12183
disability is expected to continue for more than six consecutive12184
months. The application for a removable windshield placard made12185
by a person with a disability that limits or impairs the ability12186
to walk shall be accompanied by a prescription from the12187
applicant's personal physician or chiropractor prescribing such a12188
placard for the applicant, and by a signed statement certifying12189
that the applicant meets at least one of the criteria contained in12190
division (A)(1) of this section. The physician or chiropractor12191
shall state on the prescription the length of time the physician12192
or chiropractor expects the applicant to have the disability that12193
limits or impairs the applicant's ability to walk. The12194
application for a removable windshield placard made by an12195
organization shall be accompanied by such documentary evidence of12196
regular transport of persons with disabilities that limit or12197
impair the ability to walk by the organization as the registrar12198
may require by rule and shall be completed in accordance with12199
procedures that the registrar may require by rule. The12200
application for registration of a motor vehicle that has been12201
altered for the purpose of providing it with special equipment for12202
a person with a disability that limits or impairs the ability to12203
walk but is owned by someone other than such a person shall be12204
accompanied by such documentary evidence of vehicle alterations as12205
the registrar may require by rule.12206

       (C) When an organization, a person with a disability that12207
limits or impairs the ability to walk, or a person who does not12208
have a disability that limits or impairs the ability to walk but12209
owns a motor vehicle that has been altered for the purpose of12210
providing it with special equipment for a person with a disability12211
that limits or impairs the ability to walk first submits an12212
application for registration of a motor vehicle under this section12213
and every fifth year thereafter, the organization or person shall12214
submit a signed statement from the applicant's personal physician12215
or chiropractor, a completed application, and any required12216
documentary evidence of vehicle alterations as provided in12217
division (B) of this section, and also a power of attorney from12218
the owner of the motor vehicle if the applicant leases the12219
vehicle. Upon submission of these items, the registrar or deputy12220
registrar shall issue to the applicant appropriate vehicle12221
registration and a set of license plates and validation stickers,12222
or validation stickers alone when required by section 4503.191 of12223
the Revised Code. In addition to the letters and numbers12224
ordinarily inscribed thereon, the license plates shall be12225
imprinted with the international symbol of access. The license12226
plates and validation stickers shall be issued upon payment of the12227
regular license fee as prescribed under section 4503.04 of the12228
Revised Code and any motor vehicle tax levied under Chapter 4504.12229
of the Revised Code, and the payment of a service fee equal to the12230
amount specified in division (D) or (G) of section 4503.10 of the12231
Revised Code.12232

       (D)(1) Upon receipt of a completed and signed application12233
for a removable windshield placard, a prescription as described in12234
division (B) of this section, documentary evidence of regular12235
transport of persons with disabilities that limit or impair the12236
ability to walk, if required, and payment of a service fee equal12237
to the amount specified in division (D) or (G) of section 4503.1012238
of the Revised Code, the registrar or deputy registrar shall issue12239
to the applicant a removable windshield placard, which shall bear12240
the date of expiration on both sides of the placard and shall be12241
valid until expired, revoked, or surrendered. Every removable12242
windshield placard expires as described in division (D)(2) of this12243
section, but in no case shall a removable windshield placard be12244
valid for a period of less than sixty days. Removable windshield12245
placards shall be renewable upon application as provided in12246
division (B) of this section, and a service fee equal to the12247
amount specified in division (D) or (G) of section 4503.10 of the12248
Revised Code shall be charged for the renewal of a removable12249
windshield placard. The registrar shall provide the application12250
form and shall determine the information to be included thereon.12251
The registrar also shall determine the form and size of the12252
removable windshield placard, the material of which it is to be12253
made, and any other information to be included thereon, and shall12254
adopt rules relating to the issuance, expiration, revocation,12255
surrender, and proper display of such placards. Any placard12256
issued after October 14, 1999, shall be manufactured in a manner12257
that allows the expiration date of the placard to be indicated on12258
it through the punching, drilling, boring, or creation by any12259
other means of holes in the placard.12260

       (2) At the time a removable windshield placard is issued to12261
a person with a disability that limits or impairs the ability to12262
walk, the registrar or deputy registrar shall enter into the12263
records of the bureau of motor vehicles the last date on which the12264
person will have that disability, as indicated on the accompanying12265
prescription. Not less than thirty days prior to that date and12266
all removable windshield placard renewal dates, the bureau shall12267
send a renewal notice to that person at the person's last known12268
address as shown in the records of the bureau, informing the12269
person that the person's removable windshield placard will expire12270
on the indicated date not to exceed five years from the date of12271
issuance, and that the person is required to renew the placard by12272
submitting to the registrar or a deputy registrar another12273
prescription, as described in division (B) of this section, and by12274
complying with the renewal provisions prescribed in division12275
(D)(1) of this section. If such a prescription is not received by12276
the registrar or a deputy registrar by that date, the placard12277
issued to that person expires and no longer is valid, and this12278
fact shall be recorded in the records of the bureau.12279

       (3) At least once every year, on a date determined by the12280
registrar, the bureau shall examine the records of the office of12281
vital statistics, located within the department of health, that12282
pertain to deceased persons, and also the bureau's records of all12283
persons who have been issued removable windshield placards and12284
temporary removable windshield placards. If the records of the12285
office of vital statistics indicate that a person to whom a12286
removable windshield placard or temporary removable windshield12287
placard has been issued is deceased, the bureau shall cancel that12288
placard, and note the cancellation in its records.12289

       The office of vital statistics shall make available to the12290
bureau all information necessary to enable the bureau to comply12291
with division (D)(3) of this section.12292

       (4) Nothing in this section shall be construed to require a12293
person or organization to apply for a removable windshield placard12294
or special license plates if the parking card or special license12295
plates issued to the person or organization under prior law have12296
not expired or been surrendered or revoked.12297

       (E) Any person with a disability that limits or impairs the12298
ability to walk may apply to the registrar or a deputy registrar12299
for a temporary removable windshield placard. The application for12300
a temporary removable windshield placard shall be accompanied by a12301
prescription from the applicant's personal physician or12302
chiropractor prescribing such a placard for the applicant, and by12303
a signed statement certifying that the applicant meets at least12304
one of the criteria contained in division (A)(1) of this section12305
and that the disability is expected to continue for six12306
consecutive months or less. The physician or chiropractor shall12307
state on the prescription the length of time the physician or12308
chiropractor expects the applicant to have the disability that12309
limits or impairs the applicant's ability to walk, which cannot12310
exceed six months from the date of the prescription. Upon receipt12311
of an application for a temporary removable windshield placard,12312
presentation of the prescription and the signed statement from the12313
applicant's personal physician or chiropractor, and payment of a12314
service fee equal to the amount specified in division (D) or (G)12315
of section 4503.10 of the Revised Code, the registrar or deputy12316
registrar shall issue to the applicant a temporary removable12317
windshield placard. The temporary removable windshield placard12318
shall be of the same size and form as the removable windshield12319
placard, shall be printed in white on a red-colored background,12320
and shall bear the word "temporary" in letters of such size as the12321
registrar shall prescribe. A temporary removable windshield12322
placard also shall bear the date of expiration on the front and12323
back of the placard, and shall be valid until expired,12324
surrendered, or revoked, but in no case shall such a placard be12325
valid for a period of less than sixty days. The registrar shall12326
provide the application form and shall determine the information12327
to be included on it. The registrar also shall determine the12328
material of which the temporary removable windshield placard is to12329
be made and any other information to be included on the placard12330
and shall adopt rules relating to the issuance, expiration,12331
surrender, revocation, and proper display of those placards. Any12332
temporary removable windshield placard issued after October 14,12333
1999, shall be manufactured in a manner that allows for the12334
expiration date of the placard to be indicated on it through the12335
punching, drilling, boring, or creation by any other means of12336
holes in the placard.12337

       (F) If an applicant for a removable windshield placard is a12338
veteran of the armed forces of the United States whose disability,12339
as defined in division (A)(1) of this section, is12340
service-connected, the registrar or deputy registrar, upon receipt12341
of the application, presentation of a signed statement from the12342
applicant's personal physician or chiropractor certifying the12343
applicant's disability, and presentation of such documentary12344
evidence from the department of veterans affairs that the12345
disability of the applicant meets at least one of the criteria12346
identified in division (A)(1) of this section and is12347
service-connected as the registrar may require by rule, but12348
without the payment of any service fee, shall issue the applicant12349
a removable windshield placard that is valid until expired,12350
surrendered, or revoked.12351

       Upon a conviction of a violation of division (H), (I), or (J)12352
of this section, the court shall report the conviction, and send12353
the placard or parking card, if available, to the registrar, who12354
thereupon shall revoke the privilege of using the placard or12355
parking card and send notice in writing to the placardholder or12356
cardholder at that holder's last known address as shown in the12357
records of the bureau, and the placardholder or cardholder shall12358
return the placard or card if not previously surrendered to the12359
court, to the registrar within ten days following mailing of the12360
notice.12361

       Whenever a person to whom a removable windshield placard or12362
parking card has been issued moves to another state, the person12363
shall surrender the placard or card to the registrar; and whenever12364
an organization to which a placard or card has been issued changes12365
its place of operation to another state, the organization shall12366
surrender the placard or card to the registrar.12367

       (G) Subject to division (F) of section 4511.69 of the12368
Revised Code, the operator of a motor vehicle displaying a12369
removable windshield placard, temporary removable windshield12370
placard, parking card, or the special license plates authorized by12371
this section is entitled to park the motor vehicle in any special12372
parking location reserved for persons with disabilities that limit12373
or impair the ability to walk, also known as handicapped parking12374
spaces or disability parking spaces.12375

       (H) No person or organization that is not eligible under12376
division (B) or (E) of this section shall willfully and falsely12377
represent that the person or organization is so eligible.12378

       No person or organization shall display license plates issued12379
under this section unless the license plates have been issued for12380
the vehicle on which they are displayed and are valid.12381

       (I) No person or organization to which a removable12382
windshield placard or temporary removable windshield placard is12383
issued shall do either of the following:12384

       (1) Display or permit the display of the placard on any12385
motor vehicle when having reasonable cause to believe the motor12386
vehicle is being used in connection with an activity that does not12387
include providing transportation for persons with disabilities12388
that limit or impair the ability to walk;12389

       (2) Refuse to return or surrender the placard, when12390
required.12391

       (J)(1) No person or organization to which a parking card is12392
issued shall do either of the following:12393

       (a) Display or permit the display of the parking card on any12394
motor vehicle when having reasonable cause to believe the motor12395
vehicle is being used in connection with an activity that does not12396
include providing transportation for a handicapped person;12397

       (b) Refuse to return or surrender the parking card, when12398
required.12399

       (2) As used in division (J) of this section:12400

       (a) "Handicapped person" means any person who has lost the12401
use of one or both legs or one or both arms, who is blind, deaf,12402
or so severely handicapped as to be unable to move about without12403
the aid of crutches or a wheelchair, or whose mobility is12404
restricted by a permanent cardiovascular, pulmonary, or other12405
handicapping condition.12406

       (b) "Organization" means any private organization or12407
corporation, or any governmental board, agency, department,12408
division, or office, that, as part of its business or program,12409
transports handicapped persons on a regular basis in a motor12410
vehicle that has not been altered for the purposes of providing it12411
with special equipment for use by handicapped persons.12412

       (K) If a removable windshield placard, temporary removable12413
windshield placard, or parking card is lost, destroyed, or12414
mutilated, the placardholder or cardholder may obtain a duplicate12415
by doing both of the following:12416

       (1) Furnishing suitable proof of the loss, destruction, or12417
mutilation to the registrar;12418

       (2) Paying a service fee equal to the amount specified in12419
division (D) or (G) of section 4503.10 of the Revised Code.12420

       Any placardholder or cardholder who loses a placard or card12421
and, after obtaining a duplicate, finds the original, immediately12422
shall surrender the original placard or card to the registrar.12423

       (L) The registrar shall pay all fees received under this12424
section for the issuance of removable windshield placards or12425
temporary removable windshield placards or duplicate removable12426
windshield placards or cards into the state treasury to the credit12427
of the state bureau of motor vehicles fund created in section12428
4501.25 of the Revised Code.12429

       (M) For purposes of enforcing this section, every peace12430
officer is deemed to be an agent of the registrar. Any peace12431
officer or any authorized employee of the bureau of motor vehicles12432
who, in the performance of duties authorized by law, becomes aware12433
of a person whose placard or parking card has been revoked12434
pursuant to this section, may confiscate that placard or parking12435
card and return it to the registrar. The registrar shall12436
prescribe any forms used by law enforcement agencies in12437
administering this section.12438

       No peace officer, law enforcement agency employing a peace12439
officer, or political subdivision or governmental agency employing12440
a peace officer, and no employee of the bureau is liable in a12441
civil action for damages or loss to persons arising out of the12442
performance of any duty required or authorized by this section. As12443
used in this division, "peace officer" has the same meaning as in12444
division (B) of section 2935.01 of the Revised Code.12445

       (N) All applications for registration of motor vehicles,12446
removable windshield placards, and temporary removable windshield12447
placards issued under this section, all renewal notices for such12448
items, and all other publications issued by the bureau that relate12449
to this section shall set forth the criminal penalties that may be12450
imposed upon a person who violates any provision relating to12451
special license plates issued under this section, the parking of12452
vehicles displaying such license plates, and the issuance,12453
procurement, use, and display of removable windshield placards and12454
temporary removable windshield placards issued under this section.12455

       (O)Whoever violates this section is guilty of a misdemeanor12456
of the fourth degree.12457

       Sec. 4503.46.  (A) For the purposes of this section,12458
"prisoner of war" means any regularly appointed, enrolled,12459
enlisted, or inducted member of the military forces of the United12460
States who was captured, separated, and incarcerated by an enemy12461
of the United States at any time, and any regularly appointed,12462
enrolled, or enlisted member of the military forces of Great12463
Britain, France, any of the countries that comprised the former12464
Union of Soviet Socialist Republics, Australia, Belgium, Brazil,12465
Canada, China, Denmark, Greece, the Netherlands, New Zealand,12466
Norway, Poland, South Africa, or any of the countries that12467
comprised the former Yugoslavia who was a citizen of the United12468
States at the time of such appointment, enrollment, or enlistment,12469
and was captured, separated, and incarcerated by an enemy of this12470
country during World War II.12471

       (B) Any person who has been a prisoner of war may apply to12472
the registrar of motor vehicles for the registration of one12473
passenger car, noncommercial motor vehicle, or other vehicle of a12474
class approved by the registrar the person owns or leases. The12475
application shall be accompanied by written evidence in the form12476
of a record of separation, a letter from one of the armed forces12477
of the United States or other country as provided in division (A)12478
of this section, or other evidence as the registrar may require by12479
rule, that such a person was a prisoner of war and was honorably12480
discharged or is presently residing in this state on active duty12481
with one of the branches of the armed forces of the United States,12482
or was a prisoner of war and was honorably discharged or received12483
an equivalent discharge or release from one of the armed forces of12484
such other country.12485

       Upon receipt of an application for registration of a motor12486
vehicle under this section, and presentation of satisfactory12487
evidence of such prisoner-of-war status, the registrar shall issue12488
to the applicant the appropriate vehicle registration and a set of12489
license plates. In addition to the letters and numbers ordinarily12490
inscribed thereon, the license plates shall be inscribed with the12491
words "FORMER POW." The license plates shall be issued without12492
payment of any registration fee or service fee as required by12493
division (B) of section 4503.04 and sections 4503.10 and 4503.10212494
of the Revised Code, and without payment of any applicable county,12495
township, or municipal motor vehicle tax levied under Chapter12496
4504. of the Revised Code.12497

       (C) The spouse of a deceased former prisoner of war who has12498
not remarried, if the deceased person received or was eligible to12499
receive special license plates issued under division (B) of this12500
section, may apply to the registrar for the registration of the12501
spouse's personal motor vehicle without the payment of any fee or12502
tax as provided by division (B) of this section. The application12503
for registration shall be accompanied by documentary evidence of12504
the deceased person's status as a former prisoner of war and by12505
any other evidence that the registrar requires by rule.12506

       Upon receipt of an application for registration under this12507
division and presentation of satisfactory evidence as required by12508
this division and by the registrar, the registrar shall issue to12509
the spouse the appropriate vehicle registration and a set of12510
license plates as provided in division (B) of this section.12511

       (D) No person who is not a former prisoner of war or spouse12512
of a deceased former prisoner of war who has not remarried shall12513
willfully and falsely represent that the person is such a former12514
prisoner of war or spouse, for the purpose of obtaining license12515
plates under this section.12516

       (E) No person shall own or lease a motor vehicle bearing12517
license plates issued under this section unless the person is12518
eligible to be issued the license plates.12519

       (F)Whoever violates this section is guilty of a misdemeanor12520
of the fourth degree.12521

       Sec. 4503.47. (A) Any person who is a volunteer firefighter12522
may apply to the registrar of motor vehicles for the registration12523
of one passenger car or other vehicle of a class approved by the12524
registrar the person owns or leases. The application shall be12525
accompanied by such written evidence as the registrar may require12526
by rule, that the person is a volunteer firefighter.12527

       Upon receipt of an application for the registration of a12528
passenger car or other vehicle of a class approved by the12529
registrar under this section and presentation of satisfactory12530
evidence of such volunteer firefighter status, the registrar shall12531
issue to the applicant the appropriate vehicle registration and a12532
set of license plates and a validation sticker, or a validation12533
sticker alone when required by section 4503.191 of the Revised12534
Code. In addition to the letters and numbers ordinarily inscribed12535
thereon, the license plates shall be inscribed with the letters12536
"F.D." inside a Maltese cross emblem. The license plates and12537
validation stickers shall be issued upon payment of the regular12538
license fees as prescribed under section 4503.04 of the Revised12539
Code and any local motor vehicle tax levied under Chapter 4504. of12540
the Revised Code, and upon the payment of an additional fee of ten12541
dollars for issuance under this section. The fee shall be for the12542
purpose of compensating the bureau of motor vehicles for12543
additional services required in the issuing of such license12544
plates, and shall be transmitted by the registrar to the treasurer12545
of state for deposit in the state bureau of motor vehicles fund12546
created by section 4501.25 of the Revised Code. No person shall12547
apply for more than one set of volunteer firefighter license12548
plates annually.12549

       The chief of a fire department or the fire chief shall12550
immediately notify the registrar whenever any person under the12551
chief's supervision is no longer a volunteer firefighter.12552

       Whenever a person is no longer eligible to be issued12553
volunteer firefighter license plates, the person shall surrender12554
the volunteer firefighter license plates to the bureau in exchange12555
for plates without the "F.D." emblem. A fee of five dollars shall12556
be charged for the services required in the issuing of replacement12557
plates when an individual is no longer eligible to be issued12558
volunteer firefighter license plates.12559

       Application for volunteer firefighter license plates may be12560
made, and such license plates and replacement plates shall be12561
issued, at any time of year.12562

       No person who is not a volunteer firefighter shall willfully12563
and falsely represent that the person is a volunteer firefighter12564
for the purpose of obtaining volunteer firefighter license plates12565
under this section. No person shall own a vehicle bearing such12566
license plates unless the person is eligible to be issued such12567
license plates.12568

       (B)Whoever violates this section is guilty of a misdemeanor12569
of the fourth degree.12570

       Sec. 4503.471.  (A) Any person who is a member in good12571
standing of the international association of firefighters may12572
apply to the registrar of motor vehicles for the registration of12573
any passenger car, noncommercial vehicle, motor home, or other12574
vehicle of a class approved by the registrar that the person owns12575
or leases and the issuance of international association of12576
firefighters license plates. The application shall be accompanied12577
by the written evidence that the registrar may require by rule12578
showing that the person is a member in good standing of the12579
international association of firefighters. The application for12580
international association of firefighters license plates may be12581
combined with a request for a special reserved license plate under12582
section 4503.40 or 4503.42 of the Revised Code.12583

       Upon receipt of an application for registration of a vehicle12584
under this section and presentation of satisfactory evidence12585
showing that the person is a member in good standing of the12586
international association of firefighters, the registrar shall12587
issue to the applicant the appropriate vehicle registrations, sets12588
of license plates and validation stickers, or validation stickers12589
alone when required by section 4503.191 of the Revised Code.12590

       In addition to the letters and numbers ordinarily inscribed12591
on the license plates, international association of firefighters12592
license plates shall be inscribed with a Maltese cross emblem12593
designed by the international association of firefighters and12594
approved by the registrar. International association of12595
firefighters license plates shall bear county identification12596
stickers that identify the county of registration by name or12597
number.12598

       The license plates and validation stickers shall be issued12599
upon payment of the regular license fee as prescribed under12600
section 4503.04 of the Revised Code, payment of any local motor12601
vehicle tax levied under Chapter 4504. of the Revised Code, and12602
payment of an additional fee of ten dollars for the purpose of12603
compensating the bureau of motor vehicles for additional services12604
required in the issuing of license plates under this section. If12605
the application for international association of firefighters12606
license plates is combined with a request for a special reserved12607
license plate under section 4503.40 or 4503.42 of the Revised12608
Code, the license plate and validation sticker shall be issued12609
upon payment of the fees and taxes contained in this division and12610
the additional fee prescribed under section 4503.40 or 4503.42 of12611
the Revised Code. The registrar shall deposit the additional fee12612
of ten dollars in the state bureau of motor vehicles fund created12613
by section 4501.25 of the Revised Code.12614

       Whenever a person no longer is eligible to be issued12615
international association of firefighters license plates, the12616
person shall surrender the international association of12617
firefighters license plates to the bureau in exchange for license12618
plates without the Maltese cross emblem described in this section.12619
A fee of five dollars shall be charged for the services required12620
in the issuing of replacement plates when a person no longer is12621
eligible to be issued international association of firefighters12622
license plates.12623

       A person may make application for international association12624
of firefighters license plates at any time of year, and the12625
registrar shall issue international association of firefighters12626
license plates and replacement plates at any time of year.12627

       (B) No person who is not a member in good standing of the12628
international association of firefighters shall willfully and12629
falsely represent that the person is a member in good standing of12630
the international association of firefighters for the purpose of12631
obtaining international association of firefighters license plates12632
under this section. No person shall own or lease a vehicle12633
bearing international association of firefighters license plates12634
unless the person is eligible to be issued international12635
association of firefighters license plates.12636

       (C) Whoever violates division (B) of this section is guilty12637
of a misdemeanor of the fourth degree.12638

       Sec. 4505.101. (A) The owner of any repair garage or place12639
of storage in which a motor vehicle with a value of less than two12640
thousand five hundred dollars has been left unclaimed for fifteen12641
days or more following completion of the requested repair or the12642
agreed term of storage may send by certified mail, return receipt12643
requested, to the last known address of the owner a notice to12644
remove the motor vehicle. If the motor vehicle remains unclaimed12645
by the owner for fifteen days after the mailing of the notice, and12646
the person on whose property the vehicle has been abandoned has12647
received the signed receipt from the certified mail or has been12648
notified that the delivery was not possible, the person shall12649
obtain a certificate of title to the motor vehicle in the person's12650
name in the manner provided in this section.12651

       The owner of the repair garage or place of storage that12652
mailed the notice shall execute an affidavit that all of the12653
requirements of this section necessary to authorize the issuance12654
of a certificate of title for the motor vehicle have been met. The12655
affidavit shall set forth the value of the motor vehicle when12656
unclaimed as determined in accordance with standards fixed by the12657
registrar of motor vehicles; the length of time that the motor12658
vehicle has remained unclaimed; the expenses incurred with the12659
motor vehicle; that a notice to remove the vehicle has been mailed12660
to the titled owner, if known, by certified mail, return receipt12661
requested; and that a search of the records of the bureau of motor12662
vehicles has been made for outstanding liens on the motor vehicle.12663

       No affidavit shall be executed or filed under this section12664
until after a search of the records of the bureau of motor12665
vehicles has been made. If the research reveals any outstanding12666
lien on the motor vehicle, the owner of the repair garage or place12667
of storage of the motor vehicle shall notify the mortgagee or12668
lienholder by certified mail, return receipt requested, stating12669
where the motor vehicle is located and the value of the vehicle.12670
Unless the mortgagee or lienholder claims the motor vehicle within12671
fifteen days from the mailing of the notice, the mortgagee's12672
mortgage or the lienholder's lien shall be invalid.12673

       Upon presentation by the owner of the repair garage or place12674
of storage of the affidavit, showing compliance with all12675
requirements of this section to the clerk of courts of the county12676
in which the repair garage or place of storage is located, the12677
clerk of courts shall issue a certificate of title, free and clear12678
of all liens and encumbrances, to the owner of the place of12679
storage.12680

       The value of the motor vehicle, as determined in accordance12681
with standards fixed by the registrar of motor vehicles, less12682
expenses incurred by the owner of such repair garage or place of12683
storage, shall be paid to the clerk of courts for deposit into the12684
county general fund upon receipt of the certificate of title.12685

       (B)Whoever violates this section shall be fined not more12686
than two hundred dollars, imprisoned not more than ninety days, or12687
both.12688

       Sec. 4505.102.  (A) If a pawnbroker licensed under Chapter12689
4727. of the Revised Code makes a loan that is secured by a motor12690
vehicle, watercraft, or outboard motor and has taken possession of12691
the motor vehicle, watercraft, or outboard motor and the12692
certificate title to the motor vehicle, watercraft, or outboard12693
motor, and the owner of the motor vehicle, watercraft, or outboard12694
motor fails to redeem or pay interest on the loan for which the12695
motor vehicle, watercraft, or outboard motor was pledged within12696
two months from the date of the loan or the date on which the last12697
interest payment is due, and the pawnbroker notifies the owner by12698
mail, with proof of mailing, as required by division (A) of12699
section 4727.11 of the Revised Code, of the possible forfeiture of12700
the motor vehicle, watercraft, or outboard motor, and the owner12701
fails to redeem the motor vehicle, watercraft, or outboard motor12702
within the thirty-day period required by that division to be12703
specified in the notice, the pawnbroker shall proceed to obtain a12704
certificate of title to the motor vehicle, watercraft, or outboard12705
motor in the pawnbroker's name in the manner provided in this12706
section.12707

       (B) The pawnbroker shall execute an affidavit stating all of12708
the following:12709

       (1) That the pawnbroker is a pawnbroker licensed under12710
Chapter 4727. of the Revised Code;12711

       (2) That the pawnbroker has made a loan to the owner of a12712
motor vehicle, watercraft, or outboard motor, and the security for12713
the loan is the motor vehicle, watercraft, or outboard motor;12714

       (3) That both the motor vehicle, watercraft, or outboard12715
motor and the certificate of title to the motor vehicle,12716
watercraft, or outboard motor are in the possession of the12717
pawnbroker;12718

       (4) That the owner of the motor vehicle, watercraft, or12719
outboard motor has failed to redeem the pledged motor vehicle,12720
watercraft, or outboard motor or pay interest on the loan for12721
which the motor vehicle, watercraft, or outboard motor was pledged12722
within two months from the date of the loan or the date on which12723
the last interest payment was due;12724

       (5) That the pawnbroker has notified the owner of the motor12725
vehicle, watercraft, or outboard motor by mail, with proof of12726
mailing, as required by division (A) of section 4727.11 of the12727
Revised Code, and the owner has failed to redeem the motor12728
vehicle, watercraft, or outboard motor within the thirty-day12729
period required by that division to be specified in the notice.12730

       Upon presentation by the pawnbroker of a copy of the12731
affidavit, a copy of the pawn form, a copy of the proof of12732
mailing, and the certificate of title to the motor vehicle,12733
watercraft, or outboard motor, the clerk of the court of common12734
pleas of the county in which the last certificate of title to the12735
motor vehicle, watercraft, or outboard motor was issued shall12736
issue, if the record shows no lien or encumbrances exist, a12737
certificate of title, free and clear of all liens and12738
encumbrances, to the pawnbroker.12739

       (C) No person shall execute or present the affidavit12740
required by this section, knowing any entry on the affidavit to be12741
false.12742

       (D)Whoever violates this section shall be fined not more12743
than two hundred dollars, imprisoned not more than ninety days, or12744
both.12745

       Sec. 4505.11.  (A) Each owner of a motor vehicle and each12746
person mentioned as owner in the last certificate of title, when12747
the motor vehicle is dismantled, destroyed, or changed in such12748
manner that it loses its character as a motor vehicle, or changed12749
in such manner that it is not the motor vehicle described in the12750
certificate of title, shall surrender the certificate of title to12751
that motor vehicle to the clerk of the court of common pleas who12752
issued it, and thereupon the clerk, with the consent of any12753
holders of any liens noted thereon, shall enter a cancellation12754
upon the clerk's records and shall notify the registrar of motor12755
vehicles of the cancellation.12756

       Upon the cancellation of a certificate of title in the manner12757
prescribed by this section, the clerk and the registrar of motor12758
vehicles may cancel and destroy all certificates and all12759
memorandum certificates in that chain of title.12760

       (B) Where an Ohio certificate of title or salvage12761
certificate of title to a motor vehicle is assigned to a salvage12762
dealer, the dealer is not required to obtain an Ohio certificate12763
of title or a salvage certificate of title to the motor vehicle in12764
the dealer's own name if the dealer dismantles or destroys the12765
motor vehicle, indicates the number of the dealer's motor vehicle12766
salvage dealer's license thereon, marks "FOR DESTRUCTION" across12767
the face of the certificate of title or salvage certificate of12768
title, and surrenders the certificate of title or salvage12769
certificate of title to the clerk of the court of common pleas as12770
provided in division (A) of this section. If the salvage dealer12771
retains the motor vehicle for resale, the dealer shall make12772
application for a salvage certificate of title to the motor12773
vehicle in the dealer's own name as provided in division (C)(1) of12774
this section.12775

       (C)(1) When an insurance company declares it economically12776
impractical to repair such a motor vehicle and has paid an agreed12777
price for the purchase of the motor vehicle to any insured or12778
claimant owner, the insurance company shall receive the12779
certificate of title and the motor vehicle and proceed as follows.12780
Within thirty days the insurance company shall deliver the12781
certificate of title to the clerk of the court of common pleas and12782
shall make application for a salvage certificate of title. The12783
clerk shall issue the salvage certificate of title on a form,12784
prescribed by the registrar, that shall be easily distinguishable12785
from the original certificate of title and shall bear the same12786
number and information as the original certificate of title.12787
Except as provided in division (C)(2) of this section, the salvage12788
certificate of title shall be assigned by the insurance company to12789
a salvage dealer or any other person for use as evidence of12790
ownership upon the sale or other disposition of the motor vehicle,12791
and the salvage certificate of title shall be transferrable to any12792
other person. The clerk shall charge a fee of four dollars for12793
the cost of processing each salvage certificate of title.12794

       (2) If an insurance company considers a motor vehicle as12795
described in division (C)(1) of this section to be impossible to12796
restore for highway operation, the insurance company may assign12797
the certificate of title to the motor vehicle to a salvage dealer12798
or scrap metal processing facility and send the assigned12799
certificate of title to the clerk of the court of common pleas of12800
the county in which the salvage dealer or scrap metal processing12801
facility is located. The insurance company shall mark the face of12802
the certificate of title "FOR DESTRUCTION" and shall deliver a12803
photocopy of the certificate of title to the salvage dealer or12804
scrap metal processing facility for its records.12805

       (3) If an insurance company declares it economically12806
impractical to repair a motor vehicle, agrees to pay to the12807
insured or claimant owner an amount in settlement of a claim12808
against a policy of motor vehicle insurance covering the motor12809
vehicle, and agrees to permit the insured or claimant owner to12810
retain possession of the motor vehicle, the insurance company12811
shall not pay the insured or claimant owner any amount in12812
settlement of the insurance claim until the owner obtains a12813
salvage certificate of title to the vehicle and furnishes a copy12814
of the salvage certificate of title to the insurance company.12815

       (D) When a self-insured organization, rental or leasing12816
company, or secured creditor becomes the owner of a motor vehicle12817
that is burned, damaged, or dismantled and is determined to be12818
economically impractical to repair, the self-insured organization,12819
rental or leasing company, or secured creditor shall do one of the12820
following:12821

       (1) Mark the face of the certificate of title to the motor12822
vehicle "FOR DESTRUCTION" and surrender the certificate of title12823
to the clerk of the court of common pleas for cancellation as12824
described in division (A) of this section. The self-insured12825
organization, rental or leasing company, or secured creditor12826
thereupon shall deliver the motor vehicle, together with a12827
photocopy of the certificate of title, to a salvage dealer or12828
scrap metal processing facility and shall cause the motor vehicle12829
to be dismantled, flattened, crushed, or destroyed.12830

       (2) Obtain a salvage certificate of title to the motor12831
vehicle in the name of the self-insured organization, rental or12832
leasing company, or secured creditor, as provided in division12833
(C)(1) of this section, and then sell or otherwise dispose of the12834
motor vehicle. If the motor vehicle is sold, the self-insured12835
organization, rental or leasing company, or secured creditor shall12836
obtain a salvage certificate of title to the motor vehicle in the12837
name of the purchaser from the clerk of the court of common pleas12838
of the county in which the purchaser resides.12839

       (E) If a motor vehicle titled with a salvage certificate of12840
title is restored for operation upon the highways, application12841
shall be made to the clerk of the court of common pleas for a12842
certificate of title. Upon inspection by the state highway12843
patrol, which shall include establishing proof of ownership and an12844
inspection of the motor number and vehicle identification number12845
of the motor vehicle and of documentation or receipts for the12846
materials used in restoration by the owner of the motor vehicle12847
being inspected, which documentation or receipts shall be12848
presented at the time of inspection, the clerk, upon surrender of12849
the salvage certificate of title, shall issue a certificate of12850
title for a fee prescribed by the registrar. The certificate of12851
title shall be in the same form as the original certificate of12852
title, shall bear the same number as the salvage certificate of12853
title and the original certificate of title, and shall bear the12854
words "REBUILT SALVAGE" in black boldface letters on its face. 12855
Every subsequent certificate of title, memorandum certificate of12856
title, or duplicate certificate of title issued for the motor12857
vehicle also shall bear the words "REBUILT SALVAGE" in black12858
boldface letters on its face. The exact location on the face of12859
the certificate of title of the words "REBUILT SALVAGE" shall be12860
determined by the registrar, who shall develop an automated12861
procedure within the automated title processing system to comply12862
with this division. The clerk shall use reasonable care in12863
performing the duties imposed on the clerk by this division in12864
issuing a certificate of title pursuant to this division, but the12865
clerk is not liable for any of the clerk's errors or omissions or12866
those of the clerk's deputies, or the automated title processing12867
system in the performance of those duties. A fee of forty dollars12868
in fiscal year 1998 and fifty dollars in fiscal year 1999 and12869
thereafter shall be assessed by the state highway patrol for each12870
inspection made pursuant to this division and shall be deposited12871
into the state highway safety fund established by section 4501.0612872
of the Revised Code.12873

       (F) No person shall operate upon the highways in this state12874
a motor vehicle, title to which is evidenced by a salvage12875
certificate of title, except to deliver the motor vehicle pursuant12876
to an appointment for an inspection under this section.12877

       (G) No motor vehicle the certificate of title to which has12878
been marked "FOR DESTRUCTION" and surrendered to the clerk of the12879
court of common pleas shall be used for anything except parts and12880
scrap metal.12881

       (H)(1) Except as otherwise provided in this division, an12882
owner of a manufactured or mobile home that will be taxed as real12883
property pursuant to division (B) of section 4503.06 of the12884
Revised Code shall surrender the certificate of title to the12885
auditor of the county containing the taxing district in which the12886
home is located. An owner whose home qualifies for real property12887
taxation under divisions (B)(1)(a) and (b) of section 4503.06 of12888
the Revised Code shall surrender the certificate within fifteen12889
days after the home meets the conditions specified in those12890
divisions. The auditor shall deliver the certificate of title to12891
the clerk of the court of common pleas who issued it.12892

       (2) If the certificate of title for a manufactured or mobile12893
home that is to be taxed as real property is held by a lienholder,12894
the lienholder shall surrender the certificate of title to the12895
auditor of the county containing the taxing district in which the12896
home is located, and the auditor shall deliver the certificate of12897
title to the clerk of the court of common pleas who issued it.12898
The lienholder shall surrender the certificate within thirty days12899
after both of the following have occurred:12900

       (a) The homeowner has provided written notice to the12901
lienholder requesting that the certificate of title be surrendered12902
to the auditor of the county containing the taxing district in12903
which the home is located;12904

       (b) The homeowner has either paid the lienholder the12905
remaining balance owed to the lienholder, or, with the12906
lienholder's consent, executed and delivered to the lienholder a12907
mortgage on the home and land on which the home is sited in the12908
amount of the remaining balance owed to the lienholder.12909

       (3) Upon the delivery of a certificate of title by the12910
county auditor to the clerk of the court, the clerk of the court12911
shall inactivate it and retain it for a period of thirty years.12912

       (4) Upon application by the owner of a manufactured or12913
mobile home that is taxed as real property pursuant to division12914
(B) of section 4503.06 of the Revised Code and that no longer12915
satisfies divisions (B)(1)(a) and (b) or divisions (B)(2)(a) and12916
(b) of that section, the clerk of court shall reactivate the12917
record of the certificate of title that was inactivated under12918
division (H)(3) of this section and shall issue a new certificate12919
of title, but only if the application contains or has attached to12920
it all of the following:12921

       (a) An endorsement of the county treasurer that all real12922
property taxes charged against the home under Title LVII of the12923
Revised Code and division (B) of section 4503.06 of the Revised12924
Code for all preceding tax years have been paid;12925

       (b) An endorsement of the county auditor that the home will12926
be removed from the real property tax list;12927

       (c) Proof that there are no outstanding mortgages or other12928
liens on the home or, if there are such mortgages or other liens,12929
that the mortgagee or lienholder has consented to the reactivation12930
of the certificate of title.12931

       (I)(1) Whoever violates division (F) of this section shall12932
be fined not more than two thousand dollars, imprisoned not more12933
than one year, or both.12934

       (2) Whoever violates division (G) of this section shall be12935
fined not more than one thousand dollars, imprisoned not more than12936
six months, or both.12937

       Sec. 4505.111. (A) Every motor vehicle, other than a motor12938
vehicle as provided in divisions (C), (D), and (E) of section12939
4505.11 of the Revised Code, that is assembled from component12940
parts by a person other than the manufacturer, shall be inspected12941
by the state highway patrol prior to issuance of title to the12942
motor vehicle. The inspection shall include establishing proof of12943
ownership and an inspection of the motor number and vehicle12944
identification number of the motor vehicle, and any items of12945
equipment the director of public safety considers advisable and12946
requires to be inspected by rule. A fee of forty dollars in12947
fiscal year 1998 and fifty dollars in fiscal year 1999 and12948
thereafter shall be assessed by the state highway patrol for each12949
inspection made pursuant to this section, and shall be deposited12950
in the state highway safety fund established by section 4501.06 of12951
the Revised Code.12952

       (B)Whoever violates this section shall be fined not more12953
than two thousand dollars, imprisoned not more than one year, or12954
both.12955

       Sec. 4505.15. (A) Manufacturers and importers shall appoint12956
and authorize agents who shall sign manufacturer's or importer's12957
certificates. The registrar of motor vehicles may require that a12958
certified copy of a list containing the names and the facsimile12959
signatures of the authorized agents be furnished himthe registrar12960
and be forwarded to each clerk of the court of common pleas in the12961
respective counties within the state, and the registrar may12962
prescribe the form of authorization to be used by manufacturers or12963
importers and the method of certification of the names of said12964
agents.12965

       (B)Whoever violates this section shall be fined not more12966
than two hundred dollars, imprisoned not more than ninety days, or12967
both.12968

       Sec. 4505.17. (A) Every sheriff, chief of police,12969
constable, state highway patrol trooper, employee of the state12970
highway patrol, and designated officer of the department of public12971
safety, having knowledge of a stolen motor vehicle, immediately12972
shall furnish the registrar of motor vehicles with full12973
information concerning such theft.12974

       Whenever the registrar receives a report of the theft or12975
conversion of a motor vehicle, whether the same has been12976
registered or not and whether owned in this or any other state,12977
the registrar shall make a distinctive record thereof, including12978
the make of the stolen vehicle and its manufacturer's vehicle12979
identification number. The registrar shall prepare a report12980
listing motor vehicles stolen and recovered as disclosed by the12981
reports submitted to the registrar, to be distributed as the12982
registrar determines advisable.12983

       In the event of the receipt from any clerk of the court of12984
common pleas of a copy of a certificate of title to such a motor12985
vehicle, the registrar immediately shall notify the rightful owner12986
thereof and the clerk who issued such certificate of title, and12987
if, upon investigation, it appears that such certificate of title12988
was improperly issued, the registrar immediately shall cancel the12989
certificate.12990

       In the event of the recovery of a stolen or converted motor12991
vehicle, the owner immediately shall notify the registrar, who12992
shall remove the record of the theft or conversion from the12993
registrar's file.12994

       (B)Whoever violates this section shall be fined not more12995
than two hundred dollars, imprisoned not more than ninety days, or12996
both.12997

       Sec. 4505.18. (A) No person shall:12998

       (A)(1) Operate in this state a motor vehicle for which a12999
certificate of title is required without having such certificate13000
in accordance with sections 4505.01 to 4505.21 of the Revised13001
Code, or upon which the certificate of title has been canceled;13002

       (B)(2) Display or display for sale or sell as a dealer or13003
acting on behalf of a dealer, a motor vehicle without having13004
obtained a manufacturer's or importer's certificate or a13005
certificate of title therefor as provided in sections 4505.01 to13006
4505.21 of the Revised Code;13007

       (C)(3) Fail to surrender any certificate of title or any13008
certificate of registration or license plates upon cancellation of13009
the same by the registrar of motor vehicles and notice thereof as13010
prescribed in sections 4505.01 to 4505.21 of the Revised Code;13011

       (D)(4) Fail to surrender the certificate of title to the13012
clerk of the court of common pleas as provided in sections 4505.0113013
to 4505.21 of the Revised Code, in case of the destruction or13014
dismantling or change of a motor vehicle in such respect that it13015
is not the motor vehicle described in the certificate of title;13016

       (E)(5) Violate any rules promulgated pursuant to sections13017
4505.01 to 4505.21 of the Revised Code.;13018

       (F)(6) Except as otherwise provided in Chapter 4517. of the13019
Revised Code, sell at wholesale a motor vehicle the ownership of13020
which is not evidenced by an Ohio certificate of title, or the13021
current certificate of title issued for the motor vehicle, or the13022
manufacturer's certificate of origin, and all title assignments13023
that evidence the seller's ownership of the motor vehicle, and an13024
odometer disclosure statement that complies with section 4505.0613025
of the Revised Code and subchapter IV of the "Motor Vehicle13026
Information and Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C.13027
1981.13028

       (B) This section does not apply to persons engaged in the13029
business of warehousing or transporting motor vehicles for the13030
purpose of salvage disposition.13031

       (C)Whoever violates this section shall be fined not more13032
than two hundred dollars, imprisoned not more than ninety days, or13033
both.13034

       Sec. 4505.181.  (A) Notwithstanding divisions (B),13035
(E)(A)(2), (5), and (F)(6) of section 4505.18 of the Revised Code,13036
a motor vehicle dealer or person acting on behalf of a motor13037
vehicle dealer may display, offer for sale, or sell a used motor13038
vehicle without having first obtained a certificate of title for13039
the vehicle in the name of the dealer as required by this chapter13040
if the dealer or person acting on behalf of the dealer complies13041
with divisions (A)(1)(a) and (A)(2) of this section, or divisions13042
(A)(1)(b) and (A)(2) of this section, as follows:13043

       (1)(a) If the dealer has been licensed as a motor vehicle13044
dealer for less than the three-year period prior to the date on13045
which the dealer or person acting on behalf of the dealer13046
displays, offers for sale, or sells the used motor vehicle for13047
which the dealer has not obtained a certificate of title in the13048
name of the dealer, or if the attorney general has paid a retail13049
purchaser of the dealer under division (C) of this section within13050
three years prior to such date, the dealer posts with the attorney13051
general's office in favor of this state a bond of a surety company13052
authorized to do business in this state, in an amount of not less13053
than twenty-five thousand dollars, to be used solely for the13054
purpose of compensating retail purchasers of motor vehicles who13055
suffer damages due to failure of the dealer or person acting on13056
behalf of the dealer to comply with this section. The dealer's13057
surety shall notify the registrar and attorney general when a bond13058
is canceled. Such notification of cancellation shall include the13059
effective date of and reason for cancellation.13060

       (b) If the dealer has been licensed as a motor vehicle13061
dealer for longer than the three-year period prior to the date on13062
which the dealer or person acting on behalf of the dealer13063
displays, offers for sale, or sells the used motor vehicle for13064
which the dealer has not obtained a certificate of title in the13065
name of the dealer and the attorney general has not paid a retail13066
purchaser of the dealer under division (C) of this section within13067
three years prior to such date, the dealer pays one hundred fifty13068
dollars to the attorney general for deposit into the title defect13069
recision fund created by section 1345.52 of the Revised Code.13070

       (2) Possesses a bill of sale for each motor vehicle proposed13071
to be displayed, offered for sale, or sold under this section and13072
a properly executed power of attorney or other related documents13073
from the prior owner of the motor vehicle giving the dealer or13074
person acting on behalf of the dealer authority to have a13075
certificate of title to the motor vehicle issued in the name of13076
the dealer, and retains copies of all such documents in the13077
dealer's or person's files until such time as certificate of title13078
in the dealer's name is issued for each such motor vehicle by the13079
clerk of the court of common pleas. Such documents shall be13080
available for inspection by the bureau of motor vehicles during13081
normal business hours.13082

       (B) If a retail purchaser purchases a motor vehicle for13083
which the dealer, pursuant to and in accordance with division (A)13084
of this section, does not have a certificate of title issued in13085
the name of the dealer at the time of the sale, the retail13086
purchaser has an unconditional right to rescind the transaction13087
and the dealer has an obligation to refund to the retail purchaser13088
the full purchase price of the vehicle, if one of the following13089
applies:13090

       (1) The dealer fails, on or before the fortieth day13091
following the date of the sale, to obtain a title in the name of13092
the retail purchaser;13093

       (2) The title for the vehicle indicates that it is a rebuilt13094
salvage vehicle, and the fact that it is a rebuilt salvage vehicle13095
was not disclosed to the retail purchaser in writing prior to the13096
execution of the purchase agreement;13097

       (3) The title for the vehicle indicates that the dealer has13098
made an inaccurate odometer disclosure to the retail purchaser.13099

       If any of the circumstances described in divisions (B)(1) to13100
(3) of this section applies, a retail purchaser or the retail13101
purchaser's representative shall notify the dealer and afford the13102
dealer the opportunity to comply with the dealer's obligation to13103
refund the full purchase price of the motor vehicle. Nothing in13104
this division shall be construed as prohibiting the dealer and the13105
retail purchaser or their representatives from negotiating a13106
compromise resolution that is satisfactory to both parties.13107

       (C) If a retail purchaser notifies a dealer of one or more13108
of the circumstances listed in division (B) of this section and13109
the dealer fails to refund to the retail purchaser the full13110
purchase price of the vehicle or reach a satisfactory compromise13111
with the retail purchaser within three business days of13112
presentation of the retail purchaser's recision claim, the retail13113
purchaser may apply to the attorney general for payment from the13114
fund of the full purchase price to the retail purchaser.13115

       (D) Upon application by a retail purchaser for payment from13116
the fund, if the attorney general is satisfied that one or more of13117
the circumstances contained in divisions (B)(1) to (3) of this13118
section exist, the attorney general shall cause the full purchase13119
price of the vehicle to be paid to the retail purchaser from the13120
fund after delivery of the vehicle to the attorney general. The13121
attorney general may sell or otherwise dispose of any vehicle that13122
is delivered to the attorney general under this section, and may13123
collect the proceeds of any bond posted under division (A) of this13124
section by a dealer who has failed to comply with division (C) of13125
this section. The proceeds from all such sales and collections13126
shall be deposited into the title defect recision fund for use as13127
specified in section 1345.52 of the Revised Code.13128

       (E) Failure by a dealer to comply with division (A) or (B)13129
of this section constitutes a deceptive act or practice in13130
connection with a consumer transaction, and is a violation of13131
section 1345.02 of the Revised Code.13132

       (F) The remedy provided in this section to retail purchasers13133
is in addition to any remedies otherwise available to the retail13134
purchaser for the same conduct of the dealer or person acting on13135
behalf of the dealer under federal law or the laws of this state13136
or a political subdivision of this state.13137

       (G) All motor vehicle dealers licensed under Chapter 4517.13138
of the Revised Code shall pay to the attorney general for deposit13139
into the title defect recision fund the amount described in13140
division (A)(1)(b) of this section beginning with the calendar13141
year during which this section becomes effective and each year13142
subsequent to that year until the balance in the fund is not less13143
than three hundred thousand dollars. All such dealers also shall13144
pay to the attorney general for deposit into the fund that amount13145
during any year and subsequent years during which the balance in13146
the fund is less than three hundred thousand dollars until the13147
balance in the fund reaches three hundred thousand dollars.13148

       If a motor vehicle dealer fails to comply with this division,13149
the attorney general may bring a civil action in a court of13150
competent jurisdiction to collect the amount the dealer failed to13151
pay to the attorney general for deposit into the fund.13152

       Sec. 4505.19. (A) No person shall do any of the following:13153

       (A)(1) Procure or attempt to procure a certificate of title13154
or a salvage certificate of title to a motor vehicle, or pass or13155
attempt to pass a certificate of title, a salvage certificate of13156
title, or any assignment thereof to a motor vehicle, knowing or13157
having reason to believe that such motor vehicle or any part of13158
the motor vehicle has been acquired through commission of a theft13159
offense as defined in section 2913.01 of the Revised Code;13160

       (B)(2) Purport to sell or transfer a motor vehicle without13161
delivering to the purchaser or transferee thereof a certificate of13162
title, a salvage certificate of title, or a manufacturer's or13163
importer's certificate thereto, assigned to such purchaser as13164
provided for in 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 of13168
title, registration, bill of sale, or other instruments of13169
ownership of a motor vehicle, or conspire to do any of the13170
foregoing;13171

       (D)(4) Knowingly obtain goods, services, credit, or money by13172
means of an invalid, fictitious, forged, counterfeit, stolen, or13173
unlawfully obtained original or duplicate certificate of title,13174
registration, bill of sale, or other instrument of ownership of a13175
motor vehicle;13176

       (E)(5) Knowingly obtain goods, services, credit, or money by13177
means of a certificate of title to a motor vehicle, which is13178
required to be surrendered to the registrar of motor vehicles or13179
the clerk of the court of common pleas as provided in this13180
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 (B)(A)(2) of13187
section 4505.18 or any other provision of Chapter 4505. or 4517.13188
of the Revised Code, a secured party may designate any dealer to13189
display, display for sale, or sell a manufactured or mobile home13190
if the home has come into the possession of that secured party by13191
a default in the terms of a security instrument and the13192
certificate of title remains in the name and possession of the13193
secured party.13194

       (B) Notwithstanding division (B)(A)(2) of section 4505.18 or13195
any other provision of Chapter 4505. or 4517. of the Revised Code,13196
the owner of a recreational vehicle or a secured party of a13197
recreational vehicle who has come into possession of the vehicle13198
by a default in the terms of a security instrument, may designate13199
any dealer to display, display for sale, or sell the vehicle while13200
the certificate of title remains in the possession of the owner or13201
secured party. No dealer may display or offer for sale more than13202
five recreational vehicles at any time under this division. No13203
dealer may display or offer for sale a recreational vehicle under13204
this division unless the dealer maintains insurance or the bond of13205
a surety company authorized to transact business within this state13206
in an amount sufficient to satisfy the fair market value of the13207
vehicle.13208

       (C) The registrar of motor vehicles may adopt rules in13209
accordance with Chapter 119. of the Revised Code prescribing the13210
maximum number of manufactured or mobile homes that have come into13211
the possession of a secured party by a default in the terms of a13212
security instrument that any dealer may display or offer for sale13213
at any time. The registrar may adopt other reasonable rules13214
regarding the resale of such manufactured homes, mobile homes, and13215
recreational vehicles that the registrar considers necessary.13216

       (D) The secured party or owner shall provide the dealer with13217
written authorization to display, display for sale, or sell the13218
manufactured home, mobile home, or recreational vehicle. The13219
dealer shall show and explain the written authorization to any13220
prospective purchaser. The written authorization shall contain13221
the vehicle identification number, make, model, year of13222
manufacture, and physical description of the manufactured home,13223
mobile home, or recreational vehicle that is provided to the13224
dealer.13225

       (E) Whoever violates this section shall be fined not more13226
than two hundred dollars, imprisoned not more than ninety days, or13227
both.13228

       (F) As used in this section, "dealer" means a new motor13229
vehicle dealer that is licensed under Chapter 4517. of the Revised13230
Code.13231

       Sec. 4505.21.  (A) As used in this section:13232

       (1) "Certified receipt of title cancellation" means a form13233
prescribed by the registrar of motor vehicles for use under this13234
section that shall include all of the following:13235

       (a) The name of the owner who surrenders a certificate of13236
title to a vehicle intended to be exported;13237

       (b) A description of the motor vehicle that shall include13238
the year, make, model, style, vehicle identification number,13239
color, license registration number, and the state of registration;13240

       (c) The destination of the motor vehicle;13241

       (d) Whether the purpose of the export is for sale, lease,13242
personal use, or other specified use;13243

       (e) Such other information as the registrar determines to be13244
appropriate.13245

       (2) A "declaration of temporary export" means a form13246
prescribed by the registrar that includes all of the following:13247

       (a) The items specified in divisions (A)(1)(a) to (e) of13248
this section;13249

       (b) A statement that the vehicle will not be permanently13250
located outside of the United States and that the owner intends to13251
return the vehicle to the United States;13252

       (c) The period of time for which it is anticipated that the13253
motor vehicle will be located outside of the United States.13254

       (3) "Export" means the shipping or transportation of a motor13255
vehicle from any point inside the United States to a point outside13256
of the United States. "Export" does not include operating the13257
motor vehicle by means of its own power or that of a motor vehicle13258
drawing or towing it unless the purpose of the owner is to avoid13259
compliance with division (B) or (C) of this section.13260

       (4) "Owner" means the person named on a certificate of title13261
issued by this state as the owner or assignee of the owner of the13262
motor vehicle for which the certificate of title has been issued13263
and includes any person who is lawfully entitled to the issuance13264
of a new certificate of title to the motor vehicle naming the13265
person as owner of the vehicle or who is lawfully entitled to13266
surrender the certificate of title under this section. "Owner"13267
includes a secured party who exports or permits the export of a13268
motor vehicle in the exercise of the secured party's rights and13269
powers under the security agreement.13270

       (B) No owner of a motor vehicle who exports or permits the13271
export of the motor vehicle for permanent location outside of the13272
United States shall do any of the following:13273

       (1) Fail to surrender the certificate of title to the motor13274
vehicle to the registrar prior to the date that the motor vehicle13275
is delivered to any person for export;13276

       (2) Knowingly fail to surrender the certificate of title to13277
the motor vehicle to the registrar prior to the date that the13278
motor vehicle is delivered to any person for export.13279

       (C) No owner of a motor vehicle who exports or permits the13280
export of the motor vehicle for temporary location outside of the13281
United States shall do any of the following:13282

       (1) Fail to file a declaration of temporary export with the13283
registrar prior to the date that the motor vehicle is delivered to13284
any person for export;13285

       (2) Purposely fail to file a declaration of temporary export13286
with the registrar prior to the date that the motor vehicle is13287
delivered to any person for export in order to facilitate the13288
commission of a conspiracy, attempt, complicity, or theft offense13289
related to the title of a motor vehicle or the proceeds of a motor13290
vehicle insurance policy.13291

       (D)(1) Proof that the defendant acted in good faith and13292
surrendered the certificate of title to the registrar within a13293
reasonable time after delivery of the motor vehicle for export is13294
an affirmative defense to a prosecution under division (B)(1) of13295
this section.13296

       (2) Proof that the defendant acted in good faith and filed a13297
declaration of temporary export with the registrar within a13298
reasonable time after delivery of the motor vehicle for export is13299
an affirmative defense to a prosecution under division (C)(1) of13300
this section.13301

       (E) The registrar shall prescribe forms to be signed by the13302
owner who surrenders a certificate of title for cancellation under13303
this section and by all secured parties whose uncanceled security13304
interests are noted on the certificate. The form shall indicate13305
the person to whom a certified receipt of title cancellation is to13306
be delivered and any security interests that are to be noted on13307
the certified receipt of title cancellation. The registrar shall13308
inspect the title surrender form and the certificate of title to13309
determine whether any uncanceled security interests have been13310
noted on the title under section 4505.13 of the Revised Code and13311
whether the person exporting the vehicle is the lawful owner. If13312
the registrar determines that the certificate is in proper order13313
and that all secured parties having uncanceled security interests13314
noted on the certificate have consented to the surrender of the13315
certificate, the registrar shall issue a certified receipt of13316
title to the owner with such notation of security interests as13317
shall be requested upon the title surrender form.13318

       (F) The registrar shall record a declaration of temporary13319
export filed under division (B)(2) of this section and retain it13320
with the records of the certificate of title until the owner13321
notifies the registrar, on a form prescribed by the registrar,13322
that the motor vehicle has been returned to the United States.13323

       (G)(1) Whoever violates division (B)(1) or (C)(1) of this13324
section is guilty of a misdemeanor of the first degree.13325

       (2) Whoever violates division (B)(2) or (C)(2) of this13326
section is guilty of a felony of the fifth degree.13327

       Sec. 4505.99. (A) Whoever violates division (G) of section13328
4505.11 of the Revised Code shall be fined not more than one13329
thousand dollars, imprisoned not more than six months, or both.13330

       (B) Whoever violates division (F) of section 4505.11 or13331
section 4505.111 of the Revised Code shall be fined not more than13332
two thousand dollars or imprisoned not more than one year, or13333
both.13334

       (C) Whoever violates any provision of sections 4505.01 to13335
4505.21 of the Revised Code for which no penalty is otherwise is13336
provided in thisthe section that contains the provision violated13337
shall be fined not more than two hundred dollars, imprisoned not13338
more than ninety days, or both.13339

       (D) Whoever violates section 4505.19 of the Revised Code13340
shall be fined not more than five thousand dollars or imprisoned13341
in the county jail or workhouse not less than six months nor more13342
than one year, or both, or in a state correctional institution not13343
less than one nor more than five years.13344

       (E) Whoever violates division (B)(1) or (C)(1) of section13345
4505.21 of the Revised Code is guilty of a misdemeanor of the13346
first degree.13347

       (F) Whoever violates division (B)(2) or (C)(2) of section13348
4505.21 of the Revised Code is guilty of a felony of the fifth13349
degree.13350

       Sec. 4506.01.  As used in this chapter:13351

       (A) "Alcohol concentration" means the concentration of13352
alcohol in a person's blood, breath, or urine. When expressed as13353
a percentage, it means grams of alcohol per the following:13354

       (1) One hundred milliliters of whole blood, blood serum, or13355
blood plasma;13356

       (2) Two hundred ten liters of breath;13357

       (3) One hundred milliliters of urine.13358

       (B) "School bus" has the same meaning as in section 4511.0113359
of the Revised Code.13360

       (C) "Commercial driver's license" means a license issued in13361
accordance with this chapter that authorizes an individual to13362
drive a commercial motor vehicle.13363

       (D) "Commercial driver license information system" means the13364
information system established pursuant to the requirements of the13365
"Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 3207-171,13366
49 U.S.C.A. App. 2701.13367

       (E) Except when used in section 4506.25 of the Revised Code,13368
"commercial motor vehicle" means any motor vehicle designed or13369
used to transport persons or property that meets any of the13370
following qualifications:13371

       (1) Any combination of vehicles with a combined gross13372
vehicle weight rating of twenty-six thousand one pounds or more,13373
provided the gross vehicle weight rating of the vehicle or13374
vehicles being towed is in excess of ten thousand pounds;13375

       (2) Any single vehicle with a gross vehicle weight rating of13376
twenty-six thousand one pounds or more, or any such vehicle towing13377
a vehicle having a gross vehicle weight rating that is not in13378
excess of ten thousand pounds;13379

       (3) Any single vehicle or combination of vehicles that is13380
not a class A or class B vehicle, but that either is designed to13381
transport sixteen or more passengers including the driver, or is13382
placarded for hazardous materials;13383

       (4) Any school bus with a gross vehicle weight rating of13384
less than twenty-six thousand one pounds that is designed to13385
transport fewer than sixteen passengers including the driver;13386

       (5) Is transporting hazardous materials for which placarding13387
is required by regulations adopted under the "Hazardous Materials13388
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as13389
amended;13390

       (6) Any single vehicle or combination of vehicles that is13391
designed to be operated and to travel on a public street or13392
highway and is considered by the federal highway administration to13393
be a commercial motor vehicle, including, but not limited to, a13394
motorized crane, a vehicle whose function is to pump cement, a rig13395
for drilling wells, and a portable crane.13396

       (F) "Controlled substance" means all of the following:13397

       (1) Any substance classified as a controlled substance under13398
the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A.13399
802(6), as amended;13400

       (2) Any substance included in schedules I through V of 2113401
C.F.R. part 1308, as amended;13402

       (3) Any drug of abuse.13403

       (G) "Conviction" means an unvacated adjudication of guilt or13404
a determination that a person has violated or failed to comply13405
with the law in a court of original jurisdiction or an authorized13406
administrative tribunal, an unvacated forfeiture of bail or13407
collateral deposited to secure the person's appearance in court,13408
the payment of a fine or court cost, or violation of a condition13409
of release without bail, regardless of whether or not the penalty13410
is rebated, suspended, or probated.13411

       (H) "Disqualification" means withdrawal of the privilege to13412
drive a commercial motor vehicle.13413

       (I) "Drive" means to drive, operate, or be in physical13414
control of a motor vehicle.13415

       (J) "Driver" means any person who drives, operates, or is in13416
physical control of a commercial motor vehicle or is required to13417
have a commercial driver's license.13418

       (K) "Driver's license" means a license issued by the bureau13419
of motor vehicles that authorizes an individual to drive.13420

       (L) "Drug of abuse" means any controlled substance,13421
dangerous drug as defined in section 4729.01 of the Revised Code,13422
or over-the-counter medication that, when taken in quantities13423
exceeding the recommended dosage, can result in impairment of13424
judgment or reflexes.13425

       (M) "Employer" means any person, including the federal13426
government, any state, and a political subdivision of any state,13427
that owns or leases a commercial motor vehicle or assigns a person13428
to drive such a motor vehicle.13429

       (N) "Endorsement" means an authorization on a person's13430
commercial driver's license that is required to permit the person13431
to operate a specified type of commercial motor vehicle.13432

       (O) "Felony" means any offense under federal or state law13433
that is punishable by death or specifically classified as a felony13434
under the law of this state, regardless of the penalty that may be13435
imposed.13436

       (P) "Foreign jurisdiction" means any jurisdiction other than13437
a state.13438

       (Q) "Gross vehicle weight rating" means the value specified13439
by the manufacturer as the maximum loaded weight of a single or a13440
combination vehicle. The gross vehicle weight rating of a13441
combination vehicle is the gross vehicle weight rating of the13442
power unit plus the gross vehicle weight rating of each towed13443
unit.13444

       (R) "Hazardous materials" means materials identified as such13445
under regulations adopted under the "Hazardous Materials13446
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as13447
amended.13448

       (S) "Motor vehicle" has the same meaning as in section13449
4511.01 of the Revised Code.13450

       (T) Except when used in sections 4506.25 and 4506.26 of the13451
Revised Code, "out-of-service order" means a temporary prohibition13452
against driving a commercial motor vehicle issued under this13453
chapter or a similar law of another state or of a foreign13454
jurisdiction.13455

       (U) "Residence" means any person's residence determined in13456
accordance with standards prescribed in rules adopted by the13457
registrar.13458

       (V) "Temporary residence" means residence on a temporary13459
basis as determined by the registrar in accordance with standards13460
prescribed in rules adopted by the registrar.13461

       (W) "Serious traffic violation" means a conviction arising13462
from the operation of a commercial motor vehicle that involves any13463
of the following:13464

       (1) A single charge of any speed that is in excess of the13465
posted speed limit by an amount specified by the United States13466
secretary of transportation and that the director of public safety13467
designates as such by rule;13468

       (2) Violation of section 4511.20, 4511.201, or 4511.202 of13469
the Revised Code or any similar ordinance or resolution, or of any13470
similar law of another state or political subdivision of another13471
state;13472

       (3) Violation of a law of this state or an ordinance or13473
resolution relating to traffic control, other than a parking13474
violation, or of any similar law of another state or political13475
subdivision of another state, that results in a fatal accident;13476

       (4) Violation of any other law of this state or an ordinance13477
or resolution relating to traffic control, other than a parking13478
violation, that is determined to be a serious traffic violation by13479
the United States secretary of transportation and the director13480
designates as such by rule.13481

       (X) "State" means a state of the United States and includes13482
the District of Columbia.13483

       (Y) "Tank vehicle" means any commercial motor vehicle that13484
is designed to transport any liquid and has a maximum capacity13485
greater than one hundred nineteen gallons or is designed to13486
transport gaseous materials and has a water capacity greater than13487
one thousand pounds within a tank that is either permanently or13488
temporarily attached to the vehicle or its chassis. "Tank13489
vehicle" does not include either of the following:13490

       (1) Any portable tank having a rated capacity of less than13491
one thousand gallons;13492

       (2) Tanks used exclusively as a fuel tank for the motor13493
vehicle to which it is attached.13494

       (Z) "United States" means the fifty states and the District13495
of Columbia.13496

       (AA) "Vehicle" has the same meaning as in section 4511.01 of13497
the Revised Code.13498

       (BB) "Peace officer" has the same meaning as in section13499
2935.01 of the Revised Code.13500

       (CC) "Portable tank" means a liquid or gaseous packaging13501
designed primarily to be loaded on or temporarily attached to a13502
vehicle and equipped with skids, mountings, or accessories to13503
facilitate handling of the tank by mechanical means.13504

       Sec. 4506.02.  (A) Nothing in this chapter applies to any13505
person when engaged in the operation of any of the following:13506

       (1) A farm truck;13507

       (2) Fire equipment for a fire department, volunteer or13508
nonvolunteer fire company, fire district, or joint fire district;13509

       (3) A public safety vehicle used to provide transportation13510
or emergency medical service for ill or injured persons;13511

       (4) A recreational vehicle;13512

       (5) A commercial motor vehicle within the boundaries of an13513
eligible unit of local government, if the person is employed by13514
the eligible unit of local government and is operating the13515
commercial motor vehicle for the purpose of removing snow or ice13516
from a roadway by plowing, sanding, or salting, but only if either13517
the employee who holds a commercial driver's license issued under13518
this chapter and ordinarily operates a commercial motor vehicle13519
for these purposes is unable to operate the vehicle, or the13520
employing eligible unit of local government determines that a snow13521
or ice emergency exists that requires additional assistance;13522

       (6) A vehicle owned by the department of defense and13523
operated by any member or uniformed employee of the armed forces13524
of the United States or their reserve components, including the13525
Ohio national guard. This exception does not apply to United13526
States reserve technicians.13527

       (7) A commercial motor vehicle that is operated for13528
nonbusiness purposes. "Operated for nonbusiness purposes" means13529
that the commercial motor vehicle is not used in commerce as13530
"commerce" is defined in 49 C.F.R. 383.5, as amended, and is not13531
regulated by the public utilities commission pursuant to Chapter13532
4919., 4921., or 4923. of the Revised Code.13533

       (8)A motor vehicle that is designed primarily for the13534
transportation of goods and not persons, while that motor vehicle13535
is being used for the occasional transportation of personal13536
property by individuals not for compensation and not in the13537
furtherance of a commercial enterprise.13538

       (B) Nothing contained in division (A)(5) of this section13539
shall be construed as preempting or superseding any law, rule, or13540
regulation of this state concerning the safe operation of13541
commercial motor vehicles.13542

       (B)(C) As used in this section:13543

       (1) "Eligible unit of local government" means a village,13544
township, or county that has a population of not more than three13545
thousand persons according to the most recent federal census.13546

       (2) "Farm truck" means a truck controlled and operated by a13547
farmer for use in the transportation to or from a farm, for a13548
distance of no more than one hundred fifty miles, of products of13549
the farm, including livestock and its products, poultry and its13550
products, floricultural and horticultural products, and in the13551
transportation to the farm, from a distance of no more than one13552
hundred fifty miles, of supplies for the farm, including tile,13553
fence, and every other thing or commodity used in agricultural,13554
floricultural, horticultural, livestock, and poultry production,13555
and livestock, poultry, and other animals and things used for13556
breeding, feeding, or other purposes connected with the operation13557
of the farm, when the truck is operated in accordance with this13558
division and is not used in the operations of a motor13559
transportation company or private motor carrier.13560

       (3) "Public safety vehicle" has the same meaning as in13561
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.13562

       (4) "Recreational vehicle" includes every vehicle that is13563
defined as a recreational vehicle in section 4501.01 of the13564
Revised Code and is used exclusively for purposes other than13565
engaging in business for profit.13566

       Sec. 4506.03.  (A) On and after April 1, 1992, the following13567
shall apply:13568

       (1) No person shall drive a commercial motor vehicle on a13569
highway in this state unless hethe person holds a valid13570
commercial driver's license with proper endorsements for the motor13571
vehicle being driven, issued by the registrar of motor vehicles, a13572
valid examiner's commercial driving permit issued under section13573
4506.13 of the Revised Code, a valid restricted commercial13574
driver's license and waiver for farm-related service industries13575
issued under section 4506.24 of the Revised Code, or a valid13576
commercial driver's license temporary instruction permit issued by13577
the registrar and is accompanied by an authorized state driver's13578
license examiner or tester or a person who has been issued and has13579
in histhe person's immediate possession a current, valid13580
commercial driver's license with proper endorsements for the motor13581
vehicle being driven.13582

       (2) No person shall be issued a commercial driver's license13583
until hethe person surrenders to the registrar of motor vehicles13584
all valid licenses issued to himthe person by another13585
jurisdiction recognized by this state. All surrendered licenses13586
shall be returned by the registrar to the issuing authority.13587

       (3) No person who has been a resident of this state for13588
thirty days or longer shall drive a commercial motor vehicle under13589
the authority of a commercial driver's license issued by another13590
jurisdiction.13591

       (B) As used in this section and in section 4506.09 of the13592
Revised Code, "tester" means a person or entity acting pursuant to13593
a valid agreement entered into under division (B) of section13594
4506.09 of the Revised Code.13595

       (C)Whoever violates this section is guilty of a misdemeanor13596
of the first degree.13597

       Sec. 4506.04.  (A) No person shall do any of the following:13598

       (1) Drive a commercial motor vehicle while having in histhe13599
person's possession or otherwise under histhe person's control13600
more than one valid driver's license issued by this state, any13601
other state, or by a foreign jurisdiction;13602

       (2) Drive a commercial motor vehicle on a highway in this13603
state in violation of an out-of-service order, while histhe13604
person's driving privilege is suspended, revoked, or canceled, or13605
while hethe person is subject to disqualification;13606

       (3) Drive a motor vehicle on a highway in this state under13607
authority of a commercial driver's license issued by another state13608
or a foreign jurisdiction, after having been a resident of this13609
state for thirty days or longer;13610

       (4) Knowingly give false information in any application or13611
certification required by section 4506.07 of the Revised Code.13612

       (B) The department of public safety shall give every13613
conviction occurring out of this state and notice of which is13614
received after December 31, 1989, full faith and credit and treat13615
it for sanctioning purposes under this chapter as though the13616
conviction had occurred in this state.13617

       (C)(1) Whoever violates division (A)(1), (2), or (3) of this13618
section is guilty of a misdemeanor of the first degree.13619

       (2) Whoever violates division (A)(4) of this section is13620
guilty of falsification, a misdemeanor of the first degree. In13621
addition, the provisions of section 4507.19 of the Revised Code13622
apply.13623

       Sec. 4506.05. (A) Notwithstanding any other provision of13624
law, a person may drive a commercial motor vehicle on a highway in13625
this state if all of the following conditions are met:13626

       (A) He(1)The person has a valid commercial driver's13627
license or commercial driver's license temporary instruction13628
permit issued by any state in accordance with the minimum13629
standards adopted by the federal highway administration under the13630
"Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 3207-171,13631
49 U.S.C.A. App. for issuance of commercial drivers' licenses;13632

       (B) His(2)The person's commercial driver's license or13633
permit is not suspended, revoked, or canceled;13634

       (C) He(3)The person is not disqualified from driving a13635
commercial motor vehicle;13636

       (D) He(4)The person is not subject to an out-of-service13637
order.13638

       (B)Whoever violates this section is guilty of a misdemeanor13639
of the first degree.13640

       Sec. 4506.06. (A) The registrar of motor vehicles, upon13641
receiving an application for a commercial driver's temporary13642
instruction permit, may issue the permit to any person who is at13643
least eighteen years of age and holds a valid driver's license,13644
other than a restricted license, issued under Chapter 4507. of the13645
Revised Code. A commercial driver's temporary instruction permit13646
shall not be issued for a period exceeding six months and only one13647
renewal of a permit shall be granted in a two-year period.13648

       The holder of a commercial driver's temporary instruction13649
permit, unless otherwise disqualified, may drive a commercial13650
motor vehicle when having the permit in the holder's actual13651
possession and accompanied by a person who holds a valid13652
commercial driver's license valid for the type of vehicle being13653
driven and who occupies a seat beside the permit holder for the13654
purpose of giving instruction in driving the motor vehicle.13655

       (B)Whoever violates this section is guilty of a misdemeanor13656
of the first degree.13657

       Sec. 4506.10.  (A) No person who holds a valid commercial13658
driver's license shall drive a commercial motor vehicle unless he13659
the person is physically qualified to do so. Each person who13660
drives or expects to drive a commercial motor vehicle in13661
interstate or foreign commerce or is otherwise subject to 4913662
C.F.R. 391, et seq., as amended, shall certify to the registrar of13663
motor vehicles at the time of application for a commercial13664
driver's license that hethe person is in compliance with these13665
standards. Any person who is not subject to 49 C.F.R. 391, et13666
seq., as amended, also shall certify at the time of application13667
that hethe person is not subject to these standards.13668

       (B) A person is qualified to drive a class B commercial13669
motor vehicle with a school bus endorsement, if hethe person has13670
been certified as medically qualified in accordance with rules13671
adopted by the department of education.13672

       (C) Any medical examination required by this section shall13673
be performed only by a person licensed under Chapter 4731. of the13674
Revised Code to practice medicine or surgery or osteopathic13675
medicine and surgery in this state, or licensed under any similar13676
law of another state, except that any part of such an examination13677
that pertains to visual acuity, field of vision, and the ability13678
to recognize colors may be performed by a person licensed under13679
Chapter 4725. of the Revised Code to practice optometry in this13680
state, or licensed under any similar law of another state.13681

       (D) Whenever good cause appears, the registrar, upon issuing13682
a commercial driver's license under this chapter, may impose13683
restrictions suitable to the licensee's driving ability with13684
respect to the type of motor vehicle or special mechanical control13685
devices required on a motor vehicle which the licensee may13686
operate, or such other restrictions applicable to the licensee as13687
the registrar determines to be necessary.13688

       The registrar may either issue a special restricted license13689
or may set forth such restrictions upon the usual license form the13690
restrictions imposed.13691

       The registrar, upon receiving satisfactory evidence of any13692
violation of the restrictions of suchthe license, may suspend or13693
revoke the sameimpose a class D license suspension of the license13694
for the period of time specified in division (B)(4) of section13695
4510.02 of the Revised Code.13696

       The registrar, upon receiving satisfactory evidence that an13697
applicant or holder of a commercial driver's license has violated13698
division (A)(4) of section 4506.04 of the Revised Code and13699
knowingly given false information in any application or13700
certification required by section 4506.07 of the Revised Code,13701
shall cancel the commercial driver's license of the person or any13702
pending application from the person for a commercial driver's13703
license or class D driver's license for a period of at least sixty13704
days, during which time no application for a commercial driver's13705
license or class D driver's license shall be received from the13706
person.13707

       (E)Whoever violates this section is guilty of a misdemeanor13708
of the first degree.13709

       Sec. 4506.11.  (A) Every commercial driver's license shall13710
be marked "commercial driver's license" or "CDL" and shall be of13711
such material and so designed as to prevent its reproduction or13712
alteration without ready detection, and, to this end, shall be13713
laminated with a transparent plastic material. The commercial13714
driver's license for licensees under twenty-one years of age shall13715
have characteristics prescribed by the registrar of motor vehicles13716
distinguishing it from that issued to a licensee who is twenty-one13717
years of age or older. Every commercial driver's license shall13718
display all of the following information:13719

       (1) The name and residence address of the licensee;13720

       (2) A color photograph of the licensee;13721

       (3) A physical description of the licensee, including sex,13722
height, weight, and color of eyes and hair;13723

       (4) The licensee's date of birth;13724

       (5) The licensee's social security number and any number or13725
other identifier the director of public safety considers13726
appropriate and establishes by rules adopted under Chapter 119. of13727
the Revised Code and in compliance with federal law. If the13728
licensee requests that the licensee's commercial driver's license13729
not display the licensee's social security number, the license13730
shall not display the number unless display of the number is13731
required by federal law.13732

       (6) The licensee's signature;13733

       (7) The classes of commercial motor vehicles the licensee is13734
authorized to drive and any endorsements or restrictions relating13735
to the licensee's driving of those vehicles;13736

       (8) A space marked "blood type" in which the licensee may13737
specify the licensee's blood type;13738

       (9) The name of this state;13739

       (10) The dates of issuance and of expiration of the license;13740

       (11) If the licensee has certified willingness to make an13741
anatomical donation under section 2108.04 of the Revised Code, any13742
symbol chosen by the registrar of motor vehicles to indicate that13743
the licensee has certified that willingness;13744

       (12) If the licensee has executed a durable power of13745
attorney for health care or a declaration governing the use or13746
continuation, or the withholding or withdrawal, of life-sustaining13747
treatment and has specified that the licensee wishes the license13748
to indicate that the licensee has executed either type of13749
instrument, any symbol chosen by the registrar to indicate that13750
the licensee has executed either type of instrument;13751

       (13) Any other information the registrar considers advisable13752
and requires by rule.13753

       (B) The registrar may establish and maintain a file of13754
negatives of photographs taken for the purposes of this section.13755

       (C) Neither the registrar nor any deputy registrar shall13756
issue a commercial driver's license to anyone under twenty-one13757
years of age that does not have the characteristics prescribed by13758
the registrar distinguishing it from the commercial driver's13759
license issued to persons who are twenty-one years of age or13760
older.13761

       (D)Whoever violates division (C) of this section is guilty13762
of a minor misdemeanor.13763

       Sec. 4506.12.  (A) Commercial drivers' licenses shall be13764
issued in the following classes and shall include any endorsements13765
and restrictions that are applicable. Subject to any such13766
endorsements and restrictions, the holder of a valid commercial13767
driver's license may drive all commercial motor vehicles in the13768
class for which that license is issued and all lesser classes of13769
vehicles, except that hethe holder shall not operate a motorcycle13770
unless hethe holder is licensed to do so under Chapter 4507. of13771
the Revised Code.13772

       (B) The classes of commercial drivers' licenses and the13773
commercial motor vehicles that they authorize the operation of are13774
as follows:13775

       (1) Class A--any combination of vehicles with a combined13776
gross vehicle weight rating of twenty-six thousand one pounds or13777
more, if the gross vehicle weight rating of the vehicle or13778
vehicles being towed is in excess of ten thousand pounds.13779

       (2) Class B--any single vehicle with a gross vehicle weight13780
rating of twenty-six thousand one pounds or more or any such13781
vehicle towing a vehicle having a gross vehicle weight rating that13782
is not in excess of ten thousand pounds.13783

       (3) Class C--any single vehicle, or combination of vehicles,13784
that is not a class A or class B vehicle, but that either is13785
designed to transport sixteen or more passengers, including the13786
driver, or is placarded for hazardous materials and any school bus13787
with a gross vehicle weight rating of less than twenty-six13788
thousand one pounds that is designed to transport fewer than13789
sixteen passengers including the driver.13790

       (C) The following endorsements and restrictions apply to13791
commercial drivers' licenses:13792

       (1) H--authorizes the driver to drive a vehicle transporting13793
hazardous materials;13794

       (2) K--restricts the driver to only intrastate operation;13795

       (3) L--restricts the driver to vehicles not equipped with13796
air brakes;13797

       (4) T--authorizes the driver to drive double and triple13798
trailers;13799

       (5) P--authorizes the driver to drive vehicles carrying13800
passengers;13801

       (6) P1--authorizes the driver to drive class A vehicles with13802
fewer than fifteen passengers and all lesser classes of vehicles13803
without restriction as to the number of passengers;13804

       (7) P2--authorizes the driver to drive class A or B vehicles13805
with fewer than fifteen passengers and all lesser classes of13806
vehicles without restriction as to the number of passengers;13807

       (8) P3--restricts the driver to driving class B school13808
buses;13809

       (9) P4--Restricts the driver to driving class C school buses13810
designed to transport fewer than sixteen passengers including the13811
driver.13812

       (10) N--authorizes the driver to drive tank vehicles;13813

       (11) S--authorizes the driver to drive school buses;13814

       (12) X--authorizes the driver to drive tank vehicles13815
transporting hazardous materials;13816

       (13) W--restricts the driver to the operation of commercial13817
motor vehicles in accordance with a waiver for farm-related13818
service industries issued under section 4506.24 of the Revised13819
Code.13820

       (D) No person shall drive any commercial motor vehicle for13821
which an endorsement is required under this section unless the13822
proper endorsement appears on the person's commercial driver's13823
license.13824

       (E)Whoever violates this section is guilty of a misdemeanor13825
of the first degree.13826

       Sec. 4506.14.  (A) Commercial driver's licenses shall expire13827
as follows:13828

       (1) Except as provided in division (A)(3) of this section,13829
each such license issued to replace an operator's or chauffeur's13830
license shall expire on the original expiration date of the13831
operator's or chauffeur's license and, upon renewal, shall expire13832
on the licensee's birthday in the fourth year after the date of13833
issuance.13834

       (2) Except as provided in division (A)(3) of this section,13835
each such license issued as an original license to a person whose13836
residence is in this state shall expire on the licensee's birthday13837
in the fourth year after the date of issuance, and each such13838
license issued to a person whose temporary residence is in this13839
state shall expire in accordance with rules adopted by the13840
registrar of motor vehicles. A license issued to a person with a13841
temporary residence in this state is nonrenewable, but may be13842
replaced with a new license within ninety days prior to its13843
expiration upon the applicant's compliance with all applicable13844
requirements.13845

       (3) Each such license issued to replace the operator's or13846
chauffeur's license of a person who is less than twenty-one years13847
of age, and each such license issued as an original license to a13848
person who is less than twenty-one years of age, shall expire on13849
the licensee's twenty-first birthday.13850

       (B) No commercial driver's license shall be issued for a13851
period longer than four years and ninety days. Except as provided13852
in section 4507.12 of the Revised Code, the registrar may waive13853
the examination of any person applying for the renewal of a13854
commercial driver's license issued under this chapter, provided13855
that the applicant presents either an unexpired commercial13856
driver's license or a commercial driver's license that has expired13857
not more than six months prior to the date of application.13858

       (C) Subject to the requirements of this chapter and except13859
as provided in division (A)(2) of this section in regard to a13860
person whose temporary residence is in this state, every13861
commercial driver's license shall be renewable ninety days before13862
its expiration upon payment of the fees required by section13863
4506.08 of the Revised Code. Each person applying for renewal of13864
a commercial driver's license shall complete the application form13865
prescribed by section 4506.07 of the Revised Code and shall13866
provide all certifications required. If the person wishes to13867
retain an endorsement authorizing the person to transport13868
hazardous materials, the person shall take and successfully13869
complete the written test for the endorsement.13870

       (D) Each person licensed as a driver under this chapter13871
shall notify the registrar of any change in the person's address13872
within ten days following that change. The notification shall be13873
in writing on a form provided by the registrar and shall include13874
the full name, date of birth, license number, county of residence,13875
social security number, and new address of the person.13876

       (E)Whoever violates division (D) of this section is guilty13877
of a minor misdemeanor.13878

       Sec. 4506.15. (A) No person shall do any of the following:13879

       (A)(1) Drive a commercial motor vehicle while having a13880
measurable or detectable amount of alcohol or of a controlled13881
substance in histhe person's blood, breath, or urine;13882

       (B)(2) Drive a commercial motor vehicle while having an13883
alcohol concentration of four-hundredths of one per cent or more;13884

       (C)(3) Drive a commercial motor vehicle while under the13885
influence of a controlled substance;13886

       (D)(4) Knowingly leave the scene of an accident involving a13887
commercial motor vehicle driven by the person;13888

       (E)(5) Use a commercial motor vehicle in the commission of a13889
felony;13890

       (F)(6) Refuse to submit to a test under section 4506.17 of13891
the Revised Code;13892

       (G)(7) Violate an out-of-service order issued under this13893
chapter;13894

       (H)(8) Violate any prohibition described in divisions13895
(B)(A)(2) to (G)(7) of this section while transporting hazardous13896
materials.13897

       (B)Whoever violates this section is guilty of a misdemeanor13898
of the first degree.13899

       Sec. 4506.16.  (A) Whoever violates division (A)(1) of13900
section 4506.15 of the Revised Code or a similar law of another13901
state or a foreign jurisdiction, immediately shall be placed13902
out-of-service for twenty-four hours, in addition to any13903
disqualification required by this section and any other penalty13904
imposed by the Revised Code.13905

       (B) The registrar of motor vehicles shall disqualify any13906
person from operating a commercial motor vehicle as follows:13907

       (1) UponSubject to division (B)(4) of this section, upon a13908
first conviction for a violation of any provision of divisions13909
(B)(A)(2) to (G)(7) of section 4506.15 of the Revised Code or a13910
similar law of another state or a foreign jurisdiction, one year,13911
in addition to any other penalty imposed by the Revised Code;13912

       (2) Upon a first conviction for a violation of division13913
(H)(A)(8) of section 4506.15 of the Revised Code or a similar law13914
of another state or a foreign jurisdiction, three years, in13915
addition to any other penalty imposed by the Revised Code;13916

       (3) Upon a second conviction for a violation of any13917
provision of divisions (B)(A)(2) to (G)(7) of section 4506.15 of13918
the Revised Code or a similar law of another state or a foreign13919
jurisdiction, or any combination of such violations arising from13920
two or more separate incidents, the person shall be disqualified13921
for life or for any other period of time as determined by the13922
United States secretary of transportation and designated by the13923
director of public safety by rule, in addition to any other13924
penalty imposed by the Revised Code;13925

       (4) Upon conviction of a violation of division (E)(A)(5) of13926
section 4506.15 of the Revised Code or a similar law of another13927
state or a foreign jurisdiction in connection with the13928
manufacture, distribution, or dispensing of a controlled substance13929
or the possession with intent to manufacture, distribute, or13930
dispense a controlled substance, the person shall be disqualified13931
for life, in addition to any other penalty imposed by the Revised13932
Code;13933

       (5) Upon conviction of two serious traffic violations13934
involving the operation of a commercial motor vehicle by the13935
person and arising from separate incidents occurring in a13936
three-year period, the person shall be disqualified for sixty13937
days, in addition to any other penalty imposed by the Revised13938
Code;13939

       (6) Upon conviction of three serious traffic violations13940
involving the operation of a commercial motor vehicle by the13941
person and arising from separate incidents occurring in a13942
three-year period, the person shall be disqualified for one13943
hundred twenty days, in addition to any other penalty imposed by13944
the Revised Code.13945

       (C) For the purposes of this section, conviction of a13946
violation for which disqualification is required may be evidenced13947
by any of the following:13948

       (1) A judgment entry of a court of competent jurisdiction in13949
this or any other state;13950

       (2) An administrative order of a state agency of this or any13951
other state having statutory jurisdiction over commercial drivers;13952

       (3) A computer record obtained from or through the13953
commercial driver's license information system;13954

       (4) A computer record obtained from or through a state13955
agency of this or any other state having statutory jurisdiction13956
over commercial drivers or the records of commercial drivers.13957

       (D) Any record described in division (C) of this section13958
shall be deemed to be self-authenticating when it is received by13959
the bureau of motor vehicles.13960

       (E) When disqualifying a driver, the registrar shall cause13961
the records of the bureau to be updated to reflect that action13962
within ten days after it occurs.13963

       (F) The registrar immediately shall notify a driver who is13964
finally convicted of any offense described in section 4506.15 of13965
the Revised Code or division (B)(4), (5), or (6) of this section13966
and thereby is subject to disqualification, of the offense or13967
offenses involved, of the length of time for which13968
disqualification is to be imposed, and that the driver may request13969
a hearing within thirty days of the mailing of the notice to show13970
cause why the driver should not be disqualified from operating a13971
commercial motor vehicle. If a request for such a hearing is not13972
made within thirty days of the mailing of the notice, the order of13973
disqualification is final. The registrar may designate hearing13974
examiners who, after affording all parties reasonable notice,13975
shall conduct a hearing to determine whether the disqualification13976
order is supported by reliable evidence. The registrar shall13977
adopt rules to implement this division.13978

       (G) Any person who is disqualified from operating a13979
commercial motor vehicle under this section may apply to the13980
registrar for a driver's license to operate a motor vehicle other13981
than a commercial motor vehicle, provided the person's commercial13982
driver's license is not otherwise suspended or revoked. A person13983
whose commercial driver's license is suspended or revoked shall13984
not apply to the registrar for or receive a driver's license under13985
Chapter 4507. of the Revised Code during the period of suspension13986
or revocation.13987

       Sec. 4506.17.  (A) Any person who drives a commercial motor13988
vehicle within this state shall be deemed to have given consent to13989
a test or tests of the person's whole blood, blood serum or13990
plasma, breath, or urine for the purpose of determining the13991
person's alcohol concentration or the presence of any controlled13992
substance.13993

       (B) A test or tests as provided in division (A) of this13994
section may be administered at the direction of a peace officer13995
having reasonable ground to stop or detain the person and, after13996
investigating the circumstances surrounding the operation of the13997
commercial motor vehicle, also having reasonable ground to believe13998
the person was driving the commercial vehicle while having a13999
measurable or detectable amount of alcohol or of a controlled14000
substance in the person's whole blood, blood serum or plasma,14001
breath, or urine. Any such test shall be given within two hours14002
of the time of the alleged violation.14003

       (C) A person requested to submit to a test under division14004
(A) of this section shall be advised by the peace officer14005
requesting the test that a refusal to submit to the test will14006
result in the person immediately being placed out-of-service for a14007
period of twenty-four hours and being disqualified from operating14008
a commercial motor vehicle for a period of not less than one year,14009
and that the person is required to surrender the person's14010
commercial driver's license to the peace officer.14011

       (D) If a person refuses to submit to a test after being14012
warned as provided in division (C) of this section or submits to a14013
test that discloses the presence of a controlled substance or an14014
alcohol concentration of four-hundredths of one per cent or more,14015
the person immediately shall surrender the person's commercial14016
driver's license to the peace officer. The peace officer shall14017
forward the license, together with a sworn report, to the14018
registrar of motor vehicles certifying that the test was requested14019
pursuant to division (A) of this section and that the person14020
either refused to submit to testing or submitted to a test that14021
disclosed the presence of a controlled substance or an alcohol14022
concentration of four-hundredths of one per cent or more. The14023
form and contents of the report required by this section shall be14024
established by the registrar by rule, but shall contain the advice14025
to be read to the driver and a statement to be signed by the14026
driver acknowledging that the driver has been read the advice and14027
that the form was shown to the driver.14028

       (E) Upon receipt of a sworn report from a peace officer as14029
provided in division (D) of this section, the registrar shall14030
disqualify the person named in the report from driving a14031
commercial motor vehicle for the period described below:14032

       (1) Upon a first incident, one year;14033

       (2) Upon an incident of refusal or of a prohibited14034
concentration of alcohol after one or more previous incidents of14035
either refusal or of a prohibited concentration of alcohol, the14036
person shall be disqualified for life or such lesser period as14037
prescribed by rule by the registrar.14038

       (F) A blood test of a person's whole blood or a person's14039
blood serum or plasma given under this section shall comply with14040
the applicable provisions of division (D) of section 4511.19 of14041
the Revised Code and any physician, registered nurse, or qualified14042
technician or, chemist,or phlebotomist who withdraws whole blood14043
or blood serum or plasma from a person under this section, and any14044
hospital, first-aid station, or clinic,or other facility at which14045
whole blood or blood serum or plasma is withdrawn from a person14046
pursuant to this section, is immune from criminal liability, and14047
from civil liability that is based upon a claim of assault and14048
battery or based upon any other claim of malpractice, for any act14049
performed in withdrawing whole blood or blood serum or plasma from14050
the person.14051

       (G) When a person submits to a test under this section, the14052
results of the test, at the person's request, shall be made14053
available to the person, the person's attorney, or the person's14054
agent, immediately upon completion of the chemical test analysis.14055
The person also may have an additional test administered by a14056
physician, a registered nurse, or a qualified technician or,14057
chemist,or phlebotomist of the person's own choosing as provided14058
in division (D) of section 4511.19 of the Revised Code for tests14059
administered under that section, and the failure to obtain such a14060
test has the same effect as in that division.14061

       (H) No person shall refuse to immediately surrender the14062
person's commercial driver's license to a peace officer when14063
required to do so by this section.14064

       (I) A peace officer issuing an out-of-service order or14065
receiving a commercial driver's license surrendered under this14066
section may remove or arrange for the removal of any commercial14067
motor vehicle affected by the issuance of that order or the14068
surrender of that license.14069

       (J)(1) Except for civil actions arising out of the operation14070
of a motor vehicle and civil actions in which the state is a14071
plaintiff, no peace officer of any law enforcement agency within14072
this state is liable in compensatory damages in any civil action14073
that arises under the Revised Code or common law of this state for14074
an injury, death, or loss to person or property caused in the14075
performance of official duties under this section and rules14076
adopted under this section, unless the officer's actions were14077
manifestly outside the scope of the officer's employment or14078
official responsibilities, or unless the officer acted with14079
malicious purpose, in bad faith, or in a wanton or reckless14080
manner.14081

       (2) Except for civil actions that arise out of the operation14082
of a motor vehicle and civil actions in which the state is a14083
plaintiff, no peace officer of any law enforcement agency within14084
this state is liable in punitive or exemplary damages in any civil14085
action that arises under the Revised Code or common law of this14086
state for any injury, death, or loss to person or property caused14087
in the performance of official duties under this section of the14088
Revised Code and rules adopted under this section, unless the14089
officer's actions were manifestly outside the scope of the14090
officer's employment or official responsibilities, or unless the14091
officer acted with malicious purpose, in bad faith, or in a wanton14092
or reckless manner.14093

       (K) When disqualifying a driver, the registrar shall cause14094
the records of the bureau of motor vehicles to be updated to14095
reflect the disqualification within ten days after it occurs.14096

       (L) The registrar immediately shall notify a driver who is14097
subject to disqualification of the disqualification, of the length14098
of the disqualification, and that the driver may request a hearing14099
within thirty days of the mailing of the notice to show cause why14100
the driver should not be disqualified from operating a commercial14101
motor vehicle. If a request for such a hearing is not made within14102
thirty days of the mailing of the notice, the order of14103
disqualification is final. The registrar may designate hearing14104
examiners who, after affording all parties reasonable notice,14105
shall conduct a hearing to determine whether the disqualification14106
order is supported by reliable evidence. The registrar shall14107
adopt rules to implement this division.14108

       (M) Any person who is disqualified from operating a14109
commercial motor vehicle under this section may apply to the14110
registrar for a driver's license to operate a motor vehicle other14111
than a commercial motor vehicle, provided the person's commercial14112
driver's license is not otherwise suspended or revoked. A person14113
whose commercial driver's license is suspended or revoked shall14114
not apply to the registrar for or receive a driver's license under14115
Chapter 4507. of the Revised Code during the period of suspension14116
or revocation.14117

       (N)Whoever violates division (H) of this section is guilty14118
of a misdemeanor of the first degree.14119

       Sec. 4506.18. (A) Any driver who holds a commercial14120
driver's license issued by this state and is convicted in another14121
state or a foreign jurisdiction of violating any law or ordinance14122
relating to motor vehicle traffic control, other than a parking14123
violation, shall provide written notice of that conviction within14124
thirty days after the date of conviction to the bureau of motor14125
vehicles and to histhe driver's employer in accordance with the14126
provisions of 49 C.F.R. 383, subpart C, as amended.14127

       (B)Whoever violates this section is guilty of a misdemeanor14128
of the first degree.14129

       Sec. 4506.19. (A) The provisions of 49 C.F.R. 383, subpart14130
C, as amended, shall apply to all commercial drivers or persons14131
who apply for employment as commercial drivers. No person shall14132
fail to make a report to histhe person's employer as required by14133
this section.14134

       (B)Whoever violates this section is guilty of a misdemeanor14135
of the first degree.14136

       Sec. 4506.20.  (A) Each employer shall require every14137
applicant for employment as a driver of a commercial motor vehicle14138
to provide the information specified in section 4506.20 of the14139
Revised Code.14140

       (B) No employer shall knowingly permit or authorize any14141
driver employed by himthe employer to drive a commercial motor14142
vehicle during any period in which any of the following apply:14143

       (1) The driver's commercial driver's license is suspended,14144
revoked, or canceled by any state or a foreign jurisdiction;14145

       (2) The driver has lost histhe privilege to drive, or14146
currently is disqualified from driving, a commercial motor vehicle14147
in any state or foreign jurisdiction;14148

       (3) The driver is subject to an out-of-service order in any14149
state or foreign jurisdiction;14150

       (4) The driver has more than one driver's license.14151

       (C)Whoever violates this section is guilty of a misdemeanor14152
of the first degree.14153

       Sec. 4506.99. (A) Whoever violates division (A) of section14154
4506.03, division (A)(1), (2), or (3) of section 4506.04, division14155
(A) of section 4506.10, division (H) of section 4506.17, or14156
section 4506.20 of the Revised Code is guilty of a misdemeanor of14157
the first degree.14158

       (B) Whoever violates division (A)(4) of section 4506.04 of14159
the Revised Code is guilty of falsification, a misdemeanor of the14160
first degree. In addition, the provisions of section 4507.19 of14161
the Revised Code apply.14162

       (C) Whoever violates division (C) of section 4506.11 or14163
division (D) of section 4506.14 of the Revised Code is guilty of a14164
minor misdemeanor.14165

       (D) Whoever violates any provision of sections 4506.03 to14166
4506.20 of the Revised Code for which no penalty is otherwise is14167
provided in thisthe section that contains the provision violated14168
is guilty of a misdemeanor of the first degree.14169

       Sec. 4507.02.  (A)(1) No person, except those expressly14170
exempted under sections 4507.03, 4507.04, and 4507.05 of the14171
Revised Code, shall operate any motor vehicle upon a highway or14172
any public or private property used by the public for purposes of14173
vehicular travel or parking in this state unless the person has a14174
valid driver's license issued under this chapter or a commercial14175
driver's license issued under Chapter 4506. of the Revised Code.14176

       (2) No person shall permit the operation of a motor vehicle14177
upon any public or private property used by the public for14178
purposes of vehicular travel or parking knowing the operator does14179
not have a valid driver's license issued to the operator by the14180
registrar of motor vehicles under this chapter or a valid14181
commercial driver's license issued under Chapter 4506. of the14182
Revised Code. Whoever violates this division is guilty of a14183
misdemeanor of the first degree.14184

       (3) No person, except a person expressly exempted under14185
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall14186
operate any motorcycle upon a highway or any public or private14187
property used by the public for purposes of vehicular travel or14188
parking in this state unless the person has a valid license as a14189
motorcycle operator, that was issued upon application by the14190
registrar under this chapter. The license shall be in the form of14191
an endorsement, as determined by the registrar, upon a driver's or14192
commercial driver's license, if the person has a valid license to14193
operate a motor vehicle or commercial motor vehicle, or in the14194
form of a restricted license as provided in section 4507.14 of the14195
Revised Code, if the person does not have a valid license to14196
operate a motor vehicle or commercial motor vehicle.14197

       (4)(2) No person shall receive a driver's license, or a14198
motorcycle operator's endorsement of a driver's or commercial14199
driver's license, unless and until the person surrenders to the14200
registrar all valid licenses issued to the person by another14201
jurisdiction recognized by this state. All surrendered licenses14202
shall be returned by the registrar to the issuing authority,14203
together with information that a license is now issued in this14204
state. No person shall be permitted to have more than one valid14205
license at any time.14206

       (B)(1) No person, whose driver's or commercial driver's14207
license or permit or nonresident's operating privilege has been14208
suspended or revoked pursuant to Chapter 4509. of the Revised14209
Code, shall operate any motor vehicle within this state, or14210
knowingly permit any motor vehicle owned by the person to be14211
operated by another person in the state, during the period of the14212
suspension or revocation, except as specifically authorized by14213
Chapter 4509. of the Revised Code. No person shall operate a14214
motor vehicle within this state, or knowingly permit any motor14215
vehicle owned by the person to be operated by another person in14216
the state, during the period in which the person is required by14217
section 4509.45 of the Revised Code to file and maintain proof of14218
financial responsibility for a violation of section 4509.101 of14219
the Revised Code, unless proof of financial responsibility is14220
maintained with respect to that vehicle.14221

       (2) No person shall operate any motor vehicle upon a highway14222
or any public or private property used by the public for purposes14223
of vehicular travel or parking in this state in violation of any14224
restriction of the person's driver's or commercial driver's14225
license imposed under division (D) of section 4506.10 or section14226
4507.14 of the Revised Code.14227

       (C) No person, whose driver's or commercial driver's license14228
or permit has been suspended pursuant to section 4511.191, section14229
4511.196, or division (B) of section 4507.16 of the Revised Code,14230
shall operate any motor vehicle within this state until the person14231
has paid the license reinstatement fee required pursuant to14232
division (L) of section 4511.191 of the Revised Code and the14233
license or permit has been returned to the person or a new license14234
or permit has been issued to the person.14235

       (D)(1) No person, whose driver's or commercial driver's14236
license or permit or nonresident operating privilege has been14237
suspended or revoked under any provision of the Revised Code other14238
than Chapter 4509. of the Revised Code or under any applicable law14239
in any other jurisdiction in which the person's license or permit14240
was issued, shall operate any motor vehicle upon the highways or14241
streets within this state during the period of the suspension or14242
within one year after the date of the revocation. No person who14243
is granted occupational driving privileges by any court shall14244
operate any motor vehicle upon the highways or streets in this14245
state except in accordance with the terms of the privileges.14246

       (2) No person, whose driver's or commercial driver's license14247
or permit or nonresident operating privilege has been suspended14248
under division (B) of section 4507.16 of the Revised Code, shall14249
operate any motor vehicle upon the highways or streets within this14250
state during the period of suspension. No person who is granted14251
occupational driving privileges by any court shall operate any14252
motor vehicle upon the highways or streets in this state except in14253
accordance with the terms of those privileges.14254

       (E)(1) It is an affirmative defense to any prosecution14255
brought pursuant to division (B), (C), or (D) of this section that14256
the alleged offender drove under suspension or in violation of a14257
restriction because of a substantial emergency, provided that no14258
other person was reasonably available to drive in response to the14259
emergency.14260

       (2) It is an affirmative defense to any prosecution brought14261
pursuant to division (B)(1) of this section that the order of14262
suspension resulted from the failure of the alleged offender to14263
respond to a financial responsibility random verification request14264
under division (A)(3)(c) of section 4509.101 of the Revised Code14265
and that, upon a showing of proof of financial responsibility, the14266
alleged offender was in compliance with division (A)(1) of section14267
4509.101 of the Revised Code at the time of the initial financial14268
responsibility random verification request.14269

       (F)(1) If a person is convicted of a violation of division14270
(B), (C), or (D) of this section 4510.11, 4510.14, 4510.16, or14271
4510.21 of the Revised Code or if division (F) of section 4507.16414272
of the Revised Code applies, the trial judge of any court, in14273
addition to or independent of, any other penalties provided by law14274
or ordinance, shall impound the identification license plates of14275
any motor vehicle registered in the name of the person. The court14276
shall send the impounded license plates to the registrar, who may14277
retain the license plates until the driver's or commercial14278
driver's license of the owner has been reinstated or destroy them14279
pursuant to section 4503.232 of the Revised Code.14280

       If the license plates of a person convicted of a violation of14281
division (B), (C), or (D) of this sectionany provision of those14282
sections have been impounded in accordance with the provisions of14283
this division, the court shall notify the registrar of that14284
action. The notice shall contain the name and address of the14285
driver, the serial number of the driver's driver's or commercial14286
driver's license, the serial numbers of the license plates of the14287
motor vehicle, and the length of time for which the license plates14288
have been impounded. The registrar shall record the data in the14289
notice as part of the driver's permanent record.14290

       (2) Any motor vehicle owner who has had the license plates14291
of a motor vehicle impounded pursuant to division (F)(B)(1) of14292
this section may apply to the registrar, or to a deputy registrar,14293
for special license plates whichthat shall conform to the14294
requirements of section 4503.231 of the Revised Code. The14295
registrar or deputy registrar forthwith shall notify the court of14296
the application and, upon approval of the court, shall issue14297
special license plates to the applicant. Until the driver's or14298
commercial driver's license of the owner is reinstated, any new14299
license plates issued to the owner also shall conform to the14300
requirements of section 4503.231 of the Revised Code.14301

       The registrar or deputy registrar shall charge the owner of a14302
vehicle the fees provided in section 4503.19 of the Revised Code14303
for special license plates that are issued in accordance with this14304
division, except upon renewal as specified in section 4503.10 of14305
the Revised Code, when the regular fee as provided in section14306
4503.04 of the Revised Code shall be charged. The registrar or14307
deputy registrar shall charge the owner of a vehicle the fees14308
provided in section 4503.19 of the Revised Code whenever special14309
license plates are exchanged, by reason of the reinstatement of14310
the driver's or commercial driver's license of the owner, for14311
those ordinarily issued.14312

       (3) If an owner wishes to sell a motor vehicle during the14313
time the special license plates provided under division (F)(B)(2)14314
of this section are in use, the owner may apply to the court that14315
impounded the license plates of the motor vehicle for permission14316
to transfer title to the motor vehicle. If the court is satisfied14317
that the sale will be made in good faith and not for the purpose14318
of circumventing the provisions of this section, it may certify14319
its consent to the owner and to the registrar of motor vehicles14320
who shall enter notice of the transfer of the title of the motor14321
vehicle in the vehicle registration record.14322

       If, during the time the special license plates provided under14323
division (F)(B)(2) of this section are in use, the title to a14324
motor vehicle is transferred by the foreclosure of a chattel14325
mortgage, a sale upon execution, the cancellation of a conditional14326
sales contract, or by order of a court, the court shall notify the14327
registrar of the action and the registrar shall enter notice of14328
the transfer of the title to the motor vehicle in the vehicle14329
registration record.14330

       (G)(C) This section is not intended to change or modify any14331
provision of Chapter 4503. of the Revised Code with respect to the14332
taxation of motor vehicles or the time within which the taxes on14333
motor vehicles shall be paid.14334

       Sec. 4507.023.  The registrar of motor vehicles may furnish14335
the name and social security number of any person whose driver's14336
license or commercial driver's license has been suspended or14337
revokedcanceled, or of any person whose certificate of14338
registration and license plates are subject to impoundment, to the14339
tax commissioner. The tax commissioner may return to the14340
registrar the address of any such person as shown on the most14341
recent return filed by that person under section 5747.08 of the14342
Revised Code.14343

       Sec. 4507.05.  (A) The registrar of motor vehicles, or a14344
deputy registrar, upon receiving an application for a temporary14345
instruction permit and a temporary instruction permit14346
identification card for a driver's license from any person who is14347
at least fifteen years and six months of age, may issue such a14348
permit and identification card entitling the applicant to drive a14349
motor vehicle, other than a commercial motor vehicle, upon the14350
highways under the following conditions:14351

       (1) If the permit is issued to a person who is at least14352
fifteen years and six months of age, but less than sixteen years14353
of age:14354

       (a) The permit and identification card are in the holder's14355
immediate possession;14356

       (b) The holder is accompanied by an eligible adult who14357
actually occupies the seat beside the permit holder;14358

       (c) The total number of occupants of the vehicle does not14359
exceed the total number of occupant restraining devices originally14360
installed in the motor vehicle by its manufacturer, and each14361
occupant of the vehicle is wearing all of the available elements14362
of a properly adjusted occupant restraining device.14363

       (2) If the permit is issued to a person who is at least14364
sixteen years of age:14365

       (a) The permit and identification card are in the holder's14366
immediate possession;14367

       (b) The holder is accompanied by a licensed operator who is14368
at least twenty-one years of age and is actually occupying a seat14369
beside the driver;14370

       (c) The total number of occupants of the vehicle does not14371
exceed the total number of occupant restraining devices originally14372
installed in the motor vehicle by its manufacturer, and each14373
occupant of the vehicle is wearing all of the available elements14374
of a properly adjusted occupant restraining device.14375

       (B) The registrar or a deputy registrar, upon receiving from14376
any person an application for a temporary instruction permit and14377
temporary instruction permit identification card to operate a14378
motorcycle or motorized bicycle, may issue such a permit and14379
identification card entitling the applicant, while having the14380
permit and identification card in the applicant's immediate14381
possession, to drive a motorcycle or motorized bicycle under14382
restrictions determined by the registrar. A temporary instruction14383
permit and temporary instruction permit identification card to14384
operate a motorized bicycle may be issued to a person fourteen or14385
fifteen years old.14386

       (C) Any permit and identification card issued under this14387
section shall be issued in the same manner as a driver's license,14388
upon a form to be furnished by the registrar. A temporary14389
instruction permit to drive a motor vehicle other than a14390
commercial motor vehicle shall be valid for a period of one year.14391

       (D) Any person having in the person's possession a valid and14392
current driver's license or motorcycle operator's license or14393
endorsement issued to the person by another jurisdiction14394
recognized by this state is exempt from obtaining a temporary14395
instruction permit for a driver's license, but shall submit to the14396
regular examination in obtaining a driver's license or motorcycle14397
operator's endorsement in this state.14398

       (E) The registrar may adopt rules governing the use of14399
temporary instruction permits and temporary instruction permit14400
identification cards.14401

       (F)(1) No holder of a permit issued under division (A) of14402
this section shall operate a motor vehicle upon a highway or any14403
public or private property used by the public for purposes of14404
vehicular travel or parking in violation of the conditions14405
established under division (A) of this section.14406

       (2) Except as provided in division (F)(2) of this section,14407
no holder of a permit that is issued under division (A) of this14408
section and that is issued on or after the effective date of this14409
amendment, and who has not attained the age of seventeen years,14410
shall operate a motor vehicle upon a highway or any public or14411
private property used by the public for purposes of vehicular14412
travel or parking between the hours of one a.m. and five a.m.14413

       The holder of a permit issued under division (A) of this14414
section on or after the effective date of this amendment, who has14415
not attained the age of seventeen years, may operate a motor14416
vehicle upon a highway or any public or private property used by14417
the public for purposes of vehicular travel or parking between the14418
hours of one a.m. and five a.m. if, at the time of such operation,14419
the holder is accompanied by the holder's parent, guardian, or14420
custodian, and the parent, guardian, or custodian holds a current14421
valid driver's or commercial driver's license issued by this state14422
and is actually occupying a seat beside the permit holder.14423

       (G)(1) Notwithstanding any other provision of law to the14424
contrary, no law enforcement officer shall cause the operator of a14425
motor vehicle being operated on any street or highway to stop the14426
motor vehicle for the sole purpose of determining whether each14427
occupant of the motor vehicle is wearing all of the available14428
elements of a properly adjusted occupant restraining device as14429
required by division (A) of this section, or for the sole purpose14430
of issuing a ticket, citation, or summons if the requirement in14431
that division has been or is being violated, or for causing the14432
arrest of or commencing a prosecution of a person for a violation14433
of that requirement.14434

       (2) Notwithstanding any other provision of law to the14435
contrary, no law enforcement officer shall cause the operator of a14436
motor vehicle being operated on any street or highway to stop the14437
motor vehicle for the sole purpose of determining whether a14438
violation of division (F)(2) of this section has been or is being14439
committed or for the sole purpose of issuing a ticket, citation,14440
or summons for such a violation or for causing the arrest of or14441
commencing a prosecution of a person for such violation.14442

       (H) As used in this section:14443

       (1) "Eligible adult" means any of the following:14444

       (a) An instructor of a driver education course approved by14445
the department of education or a driver training course approved14446
by the department of public safety;14447

       (b) Any of the following persons who holds a current valid14448
driver's or commercial driver's license issued by this state:14449

       (i) A parent, guardian, or custodian of the permit holder;14450

       (ii) A person twenty-one years of age or older who acts in14451
loco parentis of the permit holder.14452

       (2) "Occupant restraining device" has the same meaning as in14453
section 4513.263 of the Revised Code.14454

       (I)Whoever violates division (F)(1) or (2) of this section14455
is guilty of a minor misdemeanor.14456

       Sec. 4507.06.  (A)(1) Every application for a driver's14457
license or motorcycle operator's license or endorsement, or14458
duplicate of any such license or endorsement, shall be made upon14459
the approved form furnished by the registrar of motor vehicles and14460
shall be signed by the applicant.14461

       Every application shall state the following:14462

       (a) The applicant's name, date of birth, social security14463
number if such has been assigned, sex, general description,14464
including height, weight, color of hair, and eyes, residence14465
address, including county of residence, duration of residence in14466
this state, and country of citizenship;14467

       (b) Whether the applicant previously has been licensed as an14468
operator, chauffeur, driver, commercial driver, or motorcycle14469
operator and, if so, when, by what state, and whether such license14470
is suspended or revokedcanceled at the present time and, if so,14471
the date of and reason for the suspension or revocation14472
cancellation;14473

       (c) Whether the applicant is now or ever has been afflicted14474
with epilepsy, or whether the applicant now is suffering from any14475
physical or mental disability or disease and, if so, the nature14476
and extent of the disability or disease, giving the names and14477
addresses of physicians then or previously in attendance upon the14478
applicant;14479

       (d) Whether an applicant for a duplicate driver's license,14480
or duplicate license containing a motorcycle operator endorsement14481
has pending a citation for violation of any motor vehicle law or14482
ordinance, a description of any such citation pending, and the14483
date of the citation;14484

       (e) Whether the applicant wishes to certify willingness to14485
make an anatomical gift under section 2108.04 of the Revised Code,14486
which shall be given no consideration in the issuance of a license14487
or endorsement;14488

       (f) On and after May 1, 1993, whetherWhether the applicant14489
has executed a valid durable power of attorney for health care14490
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has14491
executed a declaration governing the use or continuation, or the14492
withholding or withdrawal, of life-sustaining treatment pursuant14493
to sections 2133.01 to 2133.15 of the Revised Code and, if the14494
applicant has executed either type of instrument, whether the14495
applicant wishes the applicant's license to indicate that the14496
applicant has executed the instrument.14497

       (2) Every applicant for a driver's license shall be14498
photographed in color at the time the application for the license14499
is made. The application shall state any additional information14500
that the registrar requires.14501

       (B) The registrar or a deputy registrar, in accordance with14502
section 3503.11 of the Revised Code, shall register as an elector14503
any person who applies for a driver's license or motorcycle14504
operator's license or endorsement under division (A) of this14505
section, or for a renewal or duplicate of the license or14506
endorsement, if the applicant is eligible and wishes to be14507
registered as an elector. The decision of an applicant whether to14508
register as an elector shall be given no consideration in the14509
decision of whether to issue the applicant a license or14510
endorsement, or a renewal or duplicate.14511

       (C) The registrar or a deputy registrar, in accordance with14512
section 3503.11 of the Revised Code, shall offer the opportunity14513
of completing a notice of change of residence or change of name to14514
any applicant for a driver's license or endorsement under division14515
(A) of this section, or for a renewal or duplicate of the license14516
or endorsement, if the applicant is a registered elector who has14517
changed the applicant's residence or name and has not filed such a14518
notice.14519

       Sec. 4507.071.  (A) No driver's license shall be issued to14520
any person under eighteen years of age, except that a probationary14521
license may be issued to a person who is at least sixteen years of14522
age and has held a temporary instruction permit for a period of at14523
least six months.14524

       (B) No holder of a probationary driver's license issued on or14525
after the effective date of this section who has not attained the14526
age of seventeen years shall operate a motor vehicle upon a14527
highway or any public or private property used by the public for14528
purposes of vehicular travel or parking between the hours of one14529
a.m. and five a.m. unless the holder is accompanied by the14530
holder's parent or guardian.14531

       (C) It is an affirmative defense to a violation of division14532
(B) of this section if, at the time of the violation, the holder14533
of the probationary driver's license was traveling to or from the14534
holder's place of employment or an official function sponsored by14535
the school the holder attends, or an emergency existed that14536
required the holder to operate a motor vehicle in violation of14537
division (B) of this section, or the holder was an emancipated14538
minor.14539

       (D) No holder of a probationary license shall operate a14540
motor vehicle upon a highway or any public or private property14541
used by the public for purposes of vehicular travel or parking14542
unless the total number of occupants of the vehicle does not14543
exceed the total number of occupant restraining devices originally14544
installed in the motor vehicle by its manufacturer, and each14545
occupant of the vehicle is wearing all of the available elements14546
of a properly adjusted occupant restraining device.14547

       (E) A restricted license may be issued to a person who is14548
fourteen or fifteen years of age upon proof of hardship14549
satisfactory to the registrar of motor vehicles.14550

       (F) Notwithstanding any other provision of law to the14551
contrary, no law enforcement officer shall cause the operator of a14552
motor vehicle being operated on any street or highway to stop the14553
motor vehicle for the sole purpose of determining whether each14554
occupant of the motor vehicle is wearing all of the available14555
elements of a properly adjusted occupant restraining device as14556
required by division (D) of this section, or for the sole purpose14557
of issuing a ticket, citation, or summons if the requirement in14558
that division has been or is being violated, or for causing the14559
arrest of or commencing a prosecution of a person for a violation14560
of that requirement.14561

       (G) Notwithstanding any other provision of law to the14562
contrary, no law enforcement officer shall cause the operator of a14563
motor vehicle being operated on any street or highway to stop the14564
motor vehicle for the sole purpose of determining whether a14565
violation of division (B) of this section has been or is being14566
committed or for the sole purpose of issuing a ticket, citation,14567
or summons for such a violation or for causing the arrest of or14568
commencing a prosecution of a person for such violation.14569

       (H) As used in this section, "occupant restraining device"14570
has the same meaning as in section 4513.263 of the Revised Code.14571

       (I)Whoever violates division (B) or (D) of this section is14572
guilty of a minor misdemeanor.14573

       Sec. 4507.08.  (A) No probationary license shall be issued14574
to any person under the age of eighteen who has been adjudicated14575
an unruly or delinquent child or a juvenile traffic offender for14576
having committed any act that if committed by an adult would be a14577
drug abuse offense, as defined in section 2925.01 of the Revised14578
Code, a violation of division (B) of section 2917.11, or a14579
violation of division (A) of section 4511.19 of the Revised Code,14580
unless the person has been required by the court to attend a drug14581
abuse or alcohol abuse education, intervention, or treatment14582
program specified by the court and has satisfactorily completed14583
the program.14584

       (B) No temporary instruction permit or driver's license14585
shall be issued to any person whose license has been suspended,14586
during the period for which the license was suspended, nor to any14587
person whose license has been revokedcanceled, under sections14588
4507.01 to 4507.39Chapter 4510. or any other provision of the14589
Revised Code, until the expiration of one year after the license14590
was revoked.14591

       (C) No temporary instruction permit or driver's license14592
shall be issued to any person whose commercial driver's license is14593
suspended under section 1905.201, 3123.58, 4507.16, 4507.34,14594
4507.99, 4511.191, or 4511.196 of the Revised CodeChapter 4510.14595
or under any other provision of the Revised Code during the period14596
of the suspension.14597

       No temporary instruction permit or driver's license shall be14598
issued to any person when issuance is prohibited by division (A)14599
of section 4507.091 of the Revised Code.14600

       (D) No temporary instruction permit or driver's license14601
shall be issued to, or retained by, any of the following persons:14602

       (1) Any person who is an alcoholic, or is addicted to the14603
use of controlled substances to the extent that the use14604
constitutes an impairment to the person's ability to operate a14605
motor vehicle with the required degree of safety;14606

       (2) Any person who is under the age of eighteen and has been14607
adjudicated an unruly or delinquent child or a juvenile traffic14608
offender for having committed any act that if committed by an14609
adult would be a drug abuse offense, as defined in section 2925.0114610
of the Revised Code, a violation of division (B) of section14611
2917.11, or a violation of division (A) of section 4511.19 of the14612
Revised Code, unless the person has been required by the court to14613
attend a drug abuse or alcohol abuse education, intervention, or14614
treatment program specified by the court and has satisfactorily14615
completed the program;14616

       (3) Any person who, in the opinion of the registrar, is14617
afflicted with or suffering from a physical or mental disability14618
or disease that prevents the person from exercising reasonable and14619
ordinary control over a motor vehicle while operating the vehicle14620
upon the highways, except that a restricted license effective for14621
six months may be issued to any person otherwise qualified who is14622
or has been subject to any condition resulting in episodic14623
impairment of consciousness or loss of muscular control and whose14624
condition, in the opinion of the registrar, is dormant or is14625
sufficiently under medical control that the person is capable of14626
exercising reasonable and ordinary control over a motor vehicle. A14627
restricted license effective for six months shall be issued to any14628
person who is otherwise is qualified and who is subject to any14629
condition that causes episodic impairment of consciousness or a14630
loss of muscular control if the person presents a statement from a14631
licensed physician that the person's condition is under effective14632
medical control and the period of time for which the control has14633
been continuously maintained, unless, thereafter, a medical14634
examination is ordered and, pursuant thereto, cause for denial is14635
found.14636

       A person to whom a six-month restricted license has been14637
issued shall give notice of the person's medical condition to the14638
registrar on forms provided by the registrar and signed by the14639
licensee's physician. The notice shall be sent to the registrar14640
six months after the issuance of the license. Subsequent14641
restricted licenses issued to the same individual shall be14642
effective for six months.14643

       (4) Any person who is unable to understand highway warnings14644
or traffic signs or directions given in the English language;14645

       (5) Any person making an application whose driver's license14646
or driving privileges are under cancellation, revocation, or14647
suspension in the jurisdiction where issued or any other14648
jurisdiction, until the expiration of one year after the license14649
was canceled or revoked or until the period of suspension ends.14650
Any person whose application is denied under this division may14651
file a petition in the municipal court or county court in whose14652
jurisdiction the person resides agreeing to pay the cost of the14653
proceedings and alleging that the conduct involved in the offense14654
that resulted in suspension, cancellation, or revocation in the14655
foreign jurisdiction would not have resulted in a suspension,14656
cancellation, or revocation had the offense occurred in this14657
state. If the petition is granted, the petitioner shall notify14658
the registrar by a certified copy of the court's findings and a14659
license shall not be denied under this division.14660

       (6) Any person who is under a class one or two suspension14661
imposed for a violation of section 2903.04, 2903.06, or 2903.08 of14662
the Revised Code or whose driver's or commercial driver's license14663
or permit has beenwas permanently revoked prior to the effective14664
date of this amendment for a substantially equivalent violation14665
pursuant to division (C) of section 4507.16 of the Revised Code;14666

       (7) Any person who is not a resident or temporary resident14667
of this state.14668

       Sec. 4507.081.  (A) Upon the expiration of a restricted14669
license issued under division (D)(3) of section 4507.08 of the14670
Revised Code and submission of a statement as provided in division14671
(C) of this section, the registrar of motor vehicles may issue a14672
driver's license to the person to whom the restricted license was14673
issued. A driver's license issued under this section, unless14674
otherwise revokedsuspended or canceled, shall be effective for14675
one year.14676

       (B) A driver's license issued under this section may be14677
renewed annually, for no more than three consecutive years,14678
whenever the person to whom the license has been issued submits to14679
the registrar, by certified mail and no sooner than thirty days14680
prior to the expiration date of the license or renewal thereof, a14681
statement as provided in division (C) of this section. A renewal14682
of a driver's license, unless the license is otherwise revoked14683
suspended or canceled, shall be effective for one year following14684
the expiration date of the license or renewal thereof, and shall14685
be evidenced by a validation sticker. The renewal validation14686
sticker shall be in a form prescribed by the registrar and shall14687
be affixed to the license.14688

       (C) No person may be issued a driver's license under this14689
section, and no such driver's license may be renewed, unless the14690
person presents a signed statement from a licensed physician that14691
the person's condition either is dormant or is under effective14692
medical control, that the control has been maintained continuously14693
for at least one year prior to the date on which application for14694
the license is made, and that, if continued medication is14695
prescribed to control the condition, the person may be depended14696
upon to take the medication.14697

       The statement shall be made on a form provided by the14698
registrar, shall be in not less than duplicate, and shall contain14699
any other information the registrar considers necessary. The14700
duplicate copy of the statement may be retained by the person14701
requesting the license renewal and, when in the person's immediate14702
possession and used in conjunction with the original license,14703
shall entitle the person to operate a motor vehicle during a14704
period of no more than thirty days following the date of14705
submission of the statement to the registrar, except when the14706
registrar denies the request for the license renewal and so14707
notifies the person.14708

       (D) Whenever the registrar receives a statement indicating14709
that the condition of a person to whom a driver's license has been14710
issued under this section no longer is dormant or under effective14711
medical control, the registrar shall revokecancel the person's14712
driver's license.14713

       (E) Nothing in this section shall require a person14714
submitting a signed statement from a licensed physician to obtain14715
a medical examination prior to the submission of the statement.14716

       (F) Any person whose driver's license has been revoked14717
canceled under this section may apply for a subsequent restricted14718
license according to the provisions of section 4507.08 of the14719
Revised Code.14720

       Sec. 4507.111.  On receipt of a notice pursuant to section 14721
3123.54 of the Revised Code, the registrar of motor vehicles shall14722
comply with sections 3123.52 to 3123.614 of the Revised Code and14723
any applicable rules adopted under section 3123.63 of the Revised14724
Code with respect to aany driver's or commercial license or14725
permit, motorcycle operator's license or endorsement, or temporary14726
instruction permit or commercial driver's temporary instruction14727
permit issued pursuant to this chapterby this state that is the14728
subject of the notice.14729

       Sec. 4507.12.  (A) Except as provided in division (C) of14730
section 4507.10 of the Revised Code, each person applying for the14731
renewal of a driver's license shall submit to a screening of his14732
the person's vision before the license may be renewed. The vision14733
screening shall be conducted at the office of the deputy registrar14734
receiving the application for license renewal.14735

       (B) When the results of a vision screening given under14736
division (A) of this section indicate that the vision of the14737
person examined meets the standards required for licensing, the14738
deputy registrar may renew the person's driver's license at that14739
time.14740

       (C) When the results of a vision screening given under14741
division (A) of this section indicate that the vision of the14742
person screened may not meet the standards required for licensing,14743
the deputy registrar shall not renew the person's driver's license14744
at that time but shall refer the person to a driver's license14745
examiner appointed by the superintendent of the state highway14746
patrol under section 5503.21 of the Revised Code for a further14747
examination of histhe person's vision. When a person referred to14748
a driver's license examiner by a deputy registrar does not meet14749
the vision standards required for licensing, the driver's license14750
examiner shall retain the person's operator's or chauffeur's14751
license and shall immediately notify the registrar of motor14752
vehicles of that fact. No driver's license shall be issued to any14753
such person, until the person's vision is corrected to meet the14754
standards required for licensing and the person passes the vision14755
screening required by this section. Any person who operates a14756
motor vehicle on a highway, or on any public or private property14757
used by the public for purposes of vehicular travel or parking,14758
during the time histhe person's driver's license is held by a14759
driver's license examiner under this division, shall be deemed to14760
be operating a motor vehicle in violation of division (A) of14761
section 4507.024510.12 of the Revised Code.14762

       (D) The registrar shall adopt rules and shall provide any14763
forms necessary to properly conduct vision screenings at the14764
office of a deputy registrar.14765

       (E) No person conducting vision screenings under this14766
section shall be personally liable for damages for injury or loss14767
to persons or property and for death caused by the operation of a14768
motor vehicle by any person whose driver's license was renewed by14769
the deputy registrar under division (B) of this section.14770

       Sec. 4507.13.  (A) The registrar of motor vehicles shall14771
issue a driver's license to every person licensed as an operator14772
of motor vehicles other than commercial motor vehicles. No person14773
licensed as a commercial motor vehicle driver under Chapter 4506.14774
of the Revised Code need procure a driver's license, but no person14775
shall drive any commercial motor vehicle unless licensed as a14776
commercial motor vehicle driver.14777

       Every driver's license shall display on it the distinguishing14778
number assigned to the licensee and shall display the licensee's14779
name, date of birth, and, except as otherwise provided in this14780
section, the licensee's social security number if such number has14781
been assigned; the licensee's residence address and county of14782
residence; a color photograph of the licensee; a brief description14783
of the licensee for the purpose of identification; a facsimile of14784
the signature of the licensee as it appears on the application for14785
the license; a space marked "blood type" in which a licensee may14786
specify the licensee's blood type; a notation, in a manner14787
prescribed by the registrar, indicating any condition described in14788
division (D)(3) of section 4507.08 of the Revised Code to which14789
the licensee is subject; if the licensee has executed a durable14790
power of attorney for health care or a declaration governing the14791
use or continuation, or the withholding or withdrawal, of14792
life-sustaining treatment and has specified that the licensee14793
wishes the license to indicate that the licensee has executed14794
either type of instrument, any symbol chosen by the registrar to14795
indicate that the licensee has executed either type of instrument;14796
and any additional information that the registrar requires by14797
rule. A license shall display the licensee's social security14798
number unless the licensee specifically requests that the14799
licensee's social security number not be displayed on the license. 14800
If federal law requires the licensee's social security number to14801
be displayed on the license, the social security number shall be14802
displayed on the license notwithstanding a request to not display14803
the number pursuant to this section.14804

       The driver's license for licensees under twenty-one years of14805
age shall have characteristics prescribed by the registrar14806
distinguishing it from that issued to a licensee who is twenty-one14807
years of age or older, except that a driver's license issued to a14808
person who applies no more than thirty days before the applicant's14809
twenty-first birthday shall have the characteristics of a license14810
issued to a person who is twenty-one years of age or older.14811

       The driver's license issued to a temporary resident shall14812
contain the word "nonrenewable" and shall have any additional14813
characteristics prescribed by the registrar distinguishing it from14814
a license issued to a resident.14815

       Every driver's or commercial driver's license displaying a14816
motorcycle operator's endorsement and every restricted license to14817
operate a motor vehicle also shall display the designation14818
"novice," if the endorsement or license is issued to a person who14819
is eighteen years of age or older and previously has not been14820
licensed to operate a motorcycle by this state or another14821
jurisdiction recognized by this state. The "novice" designation14822
shall be effective for one year after the date of issuance of the14823
motorcycle operator's endorsement or license.14824

       Each license issued under this section shall be of such14825
material and so designed as to prevent its reproduction or14826
alteration without ready detection and, to this end, shall be14827
laminated with a transparent plastic material.14828

       (B) Except in regard to a driver's license issued to a14829
person who applies no more than thirty days before the applicant's14830
twenty-first birthday, neither the registrar nor any deputy14831
registrar shall issue a driver's license to anyone under14832
twenty-one years of age that does not have the characteristics14833
prescribed by the registrar distinguishing it from the driver's14834
license issued to persons who are twenty-one years of age or14835
older.14836

       (C)Whoever violates division (B) of this section is guilty14837
of a minor misdemeanor.14838

       Sec. 4507.14.  The registrar of motor vehicles upon issuing a14839
driver's license, a motorcycle operator's endorsement, a driver's14840
license renewal, or the renewal of any other license issued under14841
this chapter, whenever good cause appears, may impose restrictions14842
suitable to the licensee's driving ability with respect to the14843
type of or special mechanical control devices required on a motor14844
vehicle whichthat the licensee may operate, or suchany other14845
restrictions applicable to the licensee asthat the registrar14846
determines to be necessary.14847

       When issuing a license to a person with impaired hearing, the14848
registrar shall require that a motor vehicle operated by the14849
person be equipped with two outside rear vision mirrors, one on14850
the left side and the other on the right side.14851

       The registrar either may issue a special restricted license14852
or may set forth suchany restrictions applicable to the license14853
upon the usual license form.14854

       The registrar, upon receiving satisfactory evidence of any14855
violation of the restrictions of suchany license, after an14856
opportunity for a hearing in accordance with Chapter 119. of the14857
Revised Code, may suspend the license for a period of six months14858
impose upon the offender a class D suspension of the license from14859
the range specified in division (B)(4) of section 4510.02 of the14860
Revised Code.14861

       Sec. 4507.15.  For the purpose of enforcing sections 4507.0114862
to 4507.39, inclusive,this chapter and Chapter4510. of the14863
Revised Code, any court of record having criminal jurisdiction14864
shall have county-wide jurisdiction within the county in which it14865
is located to hear and finally determine cases arising under such14866
sectionsthis chapter and Chapter 4510. of the Revised Code. Such14867
actionsAn action arising under this section shall be commenced by14868
the filing of an affidavit, and the right of trial by jury is14869
preserved, but indictments are not required in misdemeanor cases14870
arising under such sectionsthis chapter and Chapter 4510. of the14871
Revised Code. The registrar shall prepare and furnish blanks for14872
the use of saidthe court in making reports of said convictions14873
and bond forfeitures arising under this chapter and Chapter 4510.14874
of the Revised Code.14875

       Sec. 4507.16.  (A)(1) The trial judge of any court of record,14876
in addition to or independent of all other penalties provided by14877
law or by ordinance, shall suspend for not less than thirty days14878
or more than three years or shall revoke the driver's or14879
commercial driver's license or permit or nonresident operating14880
privilege of any person who is convicted of or pleads guilty to14881
any of the following:14882

       (a) Perjuryimpose upon any person who is convicted of or14883
pleads guilty to perjury or the making of a false affidavit under14884
this chapter, or any other law of this state requiring the14885
registration of motor vehicles or regulating their operation on14886
the highway;14887

       (b) Any crime punishable as a felony under the motor vehicle14888
laws of this state or any other felony in the commission of which14889
a motor vehicle is used;14890

       (c) Failing to stop and disclose identity at the scene of14891
the accident when required by law or ordinance to do so;14892

       (d) Street racing as defined in section 4511.251 of the14893
Revised Code or any substantially similar municipal ordinance;14894

       (e) Willfully eluding or fleeing a police officer;14895

       (f) Trafficking in cigarettes with the intent to avoid14896
payment of the cigarette tax under division (A) of section14897
5743.112 of the Revised Code;14898

       (2) Subject to division (D)(1) of this section, the trial14899
judge of any court of record, in addition to or independent of all14900
other penalties provided by law or by ordinance, shall suspend the14901
driver's or commercial driver's license or permit or nonresident14902
operating privilege of any person who is convicted of or pleads14903
guilty to a violation of section 2903.06 or 2903.08 of the Revised14904
Code. The suspension shall be for the period of time specified in14905
section 2903.06 or 2903.08 of the Revised Code, whichever is14906
applicable.14907

       (3) If a person is convicted of or pleads guilty to a14908
violation of section 2907.24 of the Revised Code, an attempt to14909
commit a violation of that section, or a violation of or an14910
attempt to commit a violation of a municipal ordinance that is14911
substantially equivalent to that section and if the person, in14912
committing or attempting to commit the violation, was in, was on,14913
or used a motor vehicle, the trial judge of a court of record, in14914
addition to or independent of all other penalties provided by law14915
or ordinance, shall suspend for thirty days the person's driver's14916
or commercial driver's license or permit, a class six suspension14917
of the offender's driver's license, commercial driver's license,14918
temporary instruction permit, probationary license, or nonresident14919
operating privilege from the range specified in division (A)(6) of14920
section 4510.02 of the Revised Code.14921

       The trial judge of any court of record, in addition to14922
suspensions or revocations of licenses, permits, or privileges14923
pursuant to this division and in addition to or independent of all14924
other penalties provided by law or by ordinance, shall impose a14925
suspended jail sentence not to exceed six months, if imprisonment14926
was not imposed for the offense for which the person was14927
convicted.14928

       (4)(B) If the trial judge of any court of record suspends or14929
revokes the driver's or commercial driver's license or permit or14930
nonresident operating privilege of a person who is convicted of or14931
pleads guilty to any offense for which sucha suspension or14932
revocationof that type is provided by law or ordinance, in14933
addition to all other penalties provided by law or ordinance, the14934
judge may issue an order prohibiting the offender from14935
registering, renewing, or transferring the registration of any14936
vehicle during the period that the offender's license, permit, or14937
privilege is suspended or revoked. The court promptly shall send14938
a copy of the order to the registrar of motor vehicles.14939

       Upon receipt of such anthe order from the court, neither the14940
registrar nor any deputy registrar shall accept any application14941
for the registration, registration renewal, or transfer of14942
registration of any motor vehicle owned or leased by the person14943
named in the order during the period that the person's license,14944
permit, or privilege is suspended or revoked, unless the registrar14945
is properly notified by the court that the order of suspension or14946
revocation has been canceled. When the period of suspension or14947
revocation expires or the order is canceled, the registrar or14948
deputy registrar shall accept the application for registration,14949
registration renewal, or transfer of registration of the person14950
named in the order.14951

       (B) Except as otherwise provided in this section, the trial14952
judge of any court of record and the mayor of a mayor's court, in14953
addition to or independent of all other penalties provided by law14954
or by ordinance, shall revoke the driver's or commercial driver's14955
license or permit or nonresident operating privilege of any person14956
who is convicted of or pleads guilty to a violation of division14957
(A) of section 4511.19 of the Revised Code, of a municipal14958
ordinance relating to operating a vehicle while under the14959
influence of alcohol, a drug of abuse, or alcohol and a drug of14960
abuse, or of a municipal ordinance that is substantially14961
equivalent to division (A) of section 4511.19 of the Revised Code14962
relating to operating a vehicle with a prohibited concentration of14963
alcohol in the blood, breath, or urine or suspend the license,14964
permit, or privilege as follows:14965

       (1) Except when division (B)(2), (3), or (4) of this section14966
applies and the judge or mayor is required to suspend or revoke14967
the offender's license or permit pursuant to that division, the14968
judge or mayor shall suspend the offender's driver's or commercial14969
driver's license or permit or nonresident operating privilege for14970
not less than six months nor more than three years.14971

       (2) Subject to division (B)(4) of this section, if, within14972
six years of the offense, the offender has been convicted of or14973
pleaded guilty to one violation of division (A) or (B) of section14974
4511.19 of the Revised Code, a municipal ordinance relating to14975
operating a vehicle while under the influence of alcohol, a drug14976
of abuse, or alcohol and a drug of abuse, a municipal ordinance14977
relating to operating a motor vehicle with a prohibited14978
concentration of alcohol in the blood, breath, or urine, section14979
2903.04 of the Revised Code in a case in which the offender was14980
subject to the sanctions described in division (D) of that14981
section, section 2903.06 or 2903.08 of the Revised Code, former14982
section 2903.07 of the Revised Code, or a municipal ordinance that14983
is substantially similar to former section 2903.07 of the Revised14984
Code in a case in which the jury or judge found that the offender14985
was under the influence of alcohol, a drug of abuse, or alcohol14986
and a drug of abuse, or a statute of the United States or of any14987
other state or a municipal ordinance of a municipal corporation14988
located in any other state that is substantially similar to14989
division (A) or (B) of section 4511.19 of the Revised Code, the14990
judge shall suspend the offender's driver's or commercial driver's14991
license or permit or nonresident operating privilege for not less14992
than one year nor more than five years.14993

       (3) Subject to division (B)(4) of this section, if, within14994
six years of the offense, the offender has been convicted of or14995
pleaded guilty to two violations described in division (B)(2) of14996
this section, or a statute of the United States or of any other14997
state or a municipal ordinance of a municipal corporation located14998
in any other state that is substantially similar to division (A)14999
or (B) of section 4511.19 of the Revised Code, the judge shall15000
suspend the offender's driver's or commercial driver's license or15001
permit or nonresident operating privilege for not less than one15002
year nor more than ten years.15003

       (4) If, within six years of the offense, the offender has15004
been convicted of or pleaded guilty to three or more violations15005
described in division (B)(2) of this section, a statute of the15006
United States or of any other state or a municipal ordinance of a15007
municipal corporation located in any other state that is15008
substantially similar to division (A) or (B) of section 4511.19 of15009
the Revised Code, or if the offender previously has been convicted15010
of or pleaded guilty to a violation of division (A) of section15011
4511.19 of the Revised Code under circumstances in which the15012
violation was a felony and regardless of when the violation and15013
the conviction or guilty plea occurred, the judge shall suspend15014
the offender's driver's or commercial driver's license or permit15015
or nonresident operating privilege for a period of time set by the15016
court but not less than three years, and the judge may permanently15017
revoke the offender's driver's or commercial driver's license or15018
permit or nonresident operating privilege.15019

       (5) The filing of an appeal by a person whose driver's or15020
commercial driver's license is suspended or revoked under division15021
(B)(1), (2), (3), or (4) of this section regarding any aspect of15022
the person's trial or sentence does not stay the operation of the15023
suspension or revocation.15024

       (C) The trial judge of any court of record or the mayor of a15025
mayor's court, in addition to or independent of all other15026
penalties provided by law or by ordinance, may suspend the15027
driver's or commercial driver's license or permit or nonresident15028
operating privilege of any person who violates a requirement or15029
prohibition of the court imposed under division (F) of this15030
section or division (G)(1) of section 2951.02 of the Revised Code15031
as follows:15032

       (1) For not more than one year, upon conviction for a first15033
violation of the requirement or prohibition;15034

       (2) For not more than five years, upon conviction for a15035
second or subsequent violation of the requirement or prohibition15036
during the same period of required use of an ignition interlock15037
device that is certified pursuant to section 4511.83 of the15038
Revised Code.15039

       (D)(1) The trial judge of any court of record, in addition15040
to or independent of all other penalties provided by law or by15041
ordinance, shall permanently revoke the driver's or commercial15042
driver's license or permit or nonresident operating privilege of15043
any person who is convicted of or pleads guilty to a violation of15044
section 2903.04 or 2903.06 of the Revised Code in a case in which15045
division (D) of section 2903.04 or division (B) of section 2903.0615046
of the Revised Code requires the judge to permanently revoke the15047
license, permit, or privilege.15048

       (2) In addition to any prison term authorized or required by15049
the section that establishes the offense and sections 2929.13 and15050
2929.14 of the Revised Code, and in addition to any other sanction15051
imposed for the offense under the section that establishes the15052
offense or sections 2929.11 to 2929.182 of the Revised Code, the15053
court that sentences an offender who is convicted of or pleads15054
guilty to a violation of section 2925.02, 2925.03, 2925.04,15055
2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.22,15056
2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised Code15057
either shall revoke or, if it does not revoke, shall suspend for15058
not less than six months or more than five years, as specified in15059
the section that establishes the offense, the person's driver's or15060
commercial driver's license or permit. If the person's driver's15061
or commercial driver's license or permit is under suspension on15062
the date the court imposes sentence upon the person, any15063
revocation imposed upon the person that is referred to in division15064
(D)(2) of this section shall take effect immediately. If the15065
person's driver's or commercial driver's license or permit is15066
under suspension on the date the court imposes sentence upon the15067
person, any period of suspension imposed upon the person that is15068
referred to in division (D)(2) of this section shall take effect15069
on the next day immediately following the end of that period of15070
suspension. If the person is sixteen years of age or older and is15071
a resident of this state but does not have a current, valid Ohio15072
driver's or commercial driver's license or permit, the court shall15073
order the registrar to deny to the person the issuance of a15074
driver's or commercial driver's license or permit for six months15075
beginning on the date the court imposes a sentence upon the15076
person. If the person has not attained the age of sixteen years15077
on the date the court sentences the person for the violation, the15078
period of denial shall commence on the date the person attains the15079
age of sixteen years.15080

       (E) Except as otherwise provided in this section, the trial15081
judge of any court of record and the mayor of a mayor's court, in15082
addition to or independent of all other penalties provided by law15083
or ordinance, shall suspend for not less than sixty days nor more15084
than two years the driver's or commercial driver's license or15085
permit or nonresident operating privilege of any person who is15086
convicted of or pleads guilty to a violation of division (B) of15087
section 4511.19 of the Revised Code or of a municipal ordinance15088
substantially equivalent to that division relating to operating a15089
vehicle with a prohibited concentration of alcohol in the blood,15090
breath, or urine.15091

       (F)(1) A person is not entitled to request, and a judge or15092
mayor shall not grant to the person, occupational driving15093
privileges under division (F) of this section if a person's15094
driver's or commercial driver's license or permit or nonresident15095
operating privilege has been suspended pursuant to division (B) or15096
(C) of this section or pursuant to division (F) of section15097
4511.191 of the Revised Code, and the person, within the preceding15098
seven years, has been convicted of or pleaded guilty to three or15099
more violations of one or more of the following:15100

       (a) Division (A) or (B) of section 4511.19 of the Revised15101
Code;15102

       (b) A municipal ordinance relating to operating a vehicle15103
while under the influence of alcohol, a drug of abuse, or alcohol15104
and a drug of abuse;15105

       (c) A municipal ordinance relating to operating a vehicle15106
with a prohibited concentration of alcohol in the blood, breath,15107
or urine;15108

       (d) Section 2903.04 of the Revised Code in a case in which15109
the person was subject to the sanctions described in division (D)15110
of that section;15111

       (e) Division (A)(1) of section 2903.06 or division (A)(1) of15112
section 2903.08 of the Revised Code or a municipal ordinance that15113
is substantially similar to either of those divisions;15114

       (f) Division (A)(2), (3), or (4) of section 2903.06,15115
division (A)(2) of section 2903.08, or former section 2903.07 of15116
the Revised Code, or a municipal ordinance that is substantially15117
similar to any of those divisions or that former section, in a15118
case in which the jury or judge found that the person was under15119
the influence of alcohol, a drug of abuse, or alcohol and a drug15120
of abuse;15121

       (g) A statute of the United States or of any other state or15122
a municipal ordinance of a municipal corporation located in any15123
other state that is substantially similar to division (A) or (B)15124
of section 4511.19 of the Revised Code.15125

       (2) Any other person who is not described in division (F)(1)15126
of this section and whose driver's or commercial driver's license15127
or nonresident operating privilege has been suspended under any of15128
those divisions may file a petition that alleges that the15129
suspension would seriously affect the person's ability to continue15130
the person's employment. The petition of a person whose license,15131
permit, or privilege was suspended pursuant to division (F) of15132
section 4511.191 of the Revised Code shall be filed in the court15133
specified in division (I)(4) of that section, and the petition of15134
a person whose license, permit, or privilege was suspended under15135
division (B) or (C) of this section shall be filed in the15136
municipal, county, mayor's, or in the case of a minor, juvenile15137
court that has jurisdiction over the place of arrest. Upon15138
satisfactory proof that there is reasonable cause to believe that15139
the suspension would seriously affect the person's ability to15140
continue the person's employment, the judge of the court or mayor15141
of the mayor's court may grant the person occupational driving15142
privileges during the period during which the suspension otherwise15143
would be imposed, except that the judge or mayor shall not grant15144
occupational driving privileges for employment as a driver of15145
commercial motor vehicles to any person who is disqualified from15146
operating a commercial motor vehicle under section 3123.611 or15147
4506.16 of the Revised Code or whose commercial driver's license15148
or commercial driver's temporary intruction permit has been15149
suspended under section 3123.58 of the Revised Code, and shall not15150
grant occupational driving privileges during any of the following15151
periods of time:15152

       (a) The first fifteen days of suspension imposed upon an15153
offender whose license, permit, or privilege is suspended pursuant15154
to division (B)(1) of this section or division (F)(1) of section15155
4511.191 of the Revised Code. On or after the sixteenth day of15156
suspension, the court may grant the offender occupational driving15157
privileges, but the court may provide that the offender shall not15158
exercise the occupational driving privileges unless the vehicles15159
the offender operates are equipped with ignition interlock15160
devices.15161

       (b) The first thirty days of suspension imposed upon an15162
offender whose license, permit, or privilege is suspended pursuant15163
to division (B)(2) of this section or division (F)(2) of section15164
4511.191 of the Revised Code. On or after the thirty-first day of15165
suspension, the court may grant the offender occupational driving15166
privileges, but the court may provide that the offender shall not15167
exercise the occupational driving privileges unless the vehicles15168
the offender operates are equipped with ignition interlock15169
devices.15170

       (c) The first one hundred eighty days of suspension imposed15171
upon an offender whose license, permit, or privilege is suspended15172
pursuant to division (B)(3) of this section or division (F)(3) of15173
section 4511.191 of the Revised Code. The judge may grant15174
occupational driving privileges to an offender who receives a15175
suspension under either of those divisions on or after the one15176
hundred eighty-first day of the suspension only if division (F) of15177
this section does not prohibit the judge from granting the15178
privileges and only if the judge, at the time of granting the15179
privileges, also issues an order prohibiting the offender, while15180
exercising the occupational driving privileges during the period15181
commencing with the one hundred eighty-first day of suspension and15182
ending with the first year of suspension, from operating any motor15183
vehicle unless it is equipped with a certified ignition interlock15184
device. After the first year of the suspension, the court may15185
authorize the offender to continue exercising the occupational15186
driving privileges in vehicles that are not equipped with ignition15187
interlock devices. If the offender does not petition for15188
occupational driving privileges until after the first year of15189
suspension and if division (F) of this section does not prohibit15190
the judge from granting the privileges, the judge may grant the15191
offender occupational driving privileges without requiring the use15192
of a certified ignition interlock device.15193

       (d) The first three years of suspension imposed upon an15194
offender whose license, permit, or privilege is suspended pursuant15195
to division (B)(4) of this section or division (F)(4) of section15196
4511.191 of the Revised Code. The judge may grant occupational15197
driving privileges to an offender who receives a suspension under15198
either of those divisions after the first three years of15199
suspension only if division (F) of this section does not prohibit15200
the judge from granting the privileges and only if the judge, at15201
the time of granting the privileges, also issues an order15202
prohibiting the offender from operating any motor vehicle, for the15203
period of suspension following the first three years of15204
suspension, unless the motor vehicle is equipped with a certified15205
ignition interlock device.15206

       (G) If a person's driver's or commercial driver's license or15207
permit or nonresident operating privilege has been suspended under15208
division (E) of this section, and the person, within the preceding15209
seven years, has been convicted of or pleaded guilty to three or15210
more violations identified in division (F)(1) of this section, the15211
person is not entitled to request, and the judge or mayor shall15212
not grant to the person, occupational driving privileges under15213
this division. Any other person whose driver's or commercial15214
driver's license or nonresident operating privilege has been15215
suspended under division (E) of this section may file a petition15216
that alleges that the suspension would seriously affect the15217
person's ability to continue the person's employment. The15218
petition shall be filed in the municipal, county, or mayor's court15219
that has jurisdiction over the place of arrest. Upon satisfactory15220
proof that there is reasonable cause to believe that the15221
suspension would seriously affect the person's ability to continue15222
the person's employment, the judge of the court or mayor of the15223
mayor's court may grant the person occupational driving privileges15224
during the period during which the suspension otherwise would be15225
imposed, except that the judge or mayor shall not grant15226
occupational driving privileges for employment as a driver of15227
commercial motor vehicles to any person who is disqualified from15228
operating a commercial motor vehicle under section 4506.16 of the15229
Revised Code, and shall not grant occupational driving privileges15230
during the first sixty days of suspension imposed upon an offender15231
whose driver's or commercial driver's license or permit or15232
nonresident operating privilege is suspended pursuant to division15233
(E) of this section.15234

       (H)(1) After a driver's or commercial driver's license or15235
permit has been suspended or revoked pursuant to this section, the15236
judge of the court or mayor of the mayor's court that suspended or15237
revoked the license or permit shall cause the offender to deliver15238
the license or permit to the court. The judge, mayor, or clerk of15239
the court or mayor's court, if the license or permit has been15240
suspended or revoked in connection with any of the offenses listed15241
in this section, forthwith shall forward it to the registrar with15242
notice of the action of the court.15243

       (2) Suspension of a commercial driver's license under this15244
section shall be concurrent with any period of disqualification15245
under section 3123.611 or 4506.16 of the Revised Code or any15246
period of suspension under section 3123.58 of the Revised Code. No15247
person who is disqualified for life from holding a commercial15248
driver's license under section 4506.16 of the Revised Code shall15249
be issued a driver's license under this chapter during the period15250
for which the commercial driver's license was suspended under this15251
section, and no person whose commercial driver's license is15252
suspended under this section shall be issued a driver's license15253
under this chapter during the period of the suspension.15254

       (I) No judge shall suspend the first thirty days of15255
suspension of a driver's or commercial driver's license or permit15256
or a nonresident operating privilege required under division (A)15257
of this section, no judge or mayor shall suspend the first six15258
months of suspension required under division (B)(1) of this15259
section, no judge shall suspend the first year of suspension15260
required under division (B)(2) of this section, no judge shall15261
suspend the first year of suspension required under division15262
(B)(3) of this section, no judge shall suspend the first three15263
years of suspension required under division (B)(4) of this15264
section, no judge or mayor shall suspend the revocation required15265
by division (D) of this section, and no judge or mayor shall15266
suspend the first sixty days of suspension required under division15267
(E) of this section, except that the court shall credit any period15268
of suspension imposed pursuant to section 4511.191 or 4511.196 of15269
the Revised Code against any time of suspension imposed pursuant15270
to division (B) or (E) of this section as described in division15271
(J) of this section.15272

       (J) The judge of the court or mayor of the mayor's court15273
shall credit any time during which an offender was subject to an15274
administrative suspension of the offender's driver's or commercial15275
driver's license or permit or nonresident operating privilege15276
imposed pursuant to division (E) or (F) of section 4511.191 or a15277
suspension imposed by a judge, referee, or mayor pursuant to15278
division (B)(1) or (2) of section 4511.196 of the Revised Code15279
against the time to be served under a related suspension imposed15280
pursuant to this section.15281

       (K) The judge or mayor shall notify the bureau of any15282
determinations made, and of any suspensions or revocations15283
imposed, pursuant to division (B) of this section.15284

       (L)(1) If a court issues an ignition interlock order under15285
division (F) of this section, the order shall authorize the15286
offender during the specified period to operate a motor vehicle15287
only if it is equipped with a certified ignition interlock device.15288
The court shall provide the offender with a copy of an ignition15289
interlock order issued under division (F) of this section, and the15290
copy of the order shall be used by the offender in lieu of an Ohio15291
driver's or commercial driver's license or permit until the15292
registrar or a deputy registrar issues the offender a restricted15293
license.15294

       An order issued under division (F) of this section does not15295
authorize or permit the offender to whom it has been issued to15296
operate a vehicle during any time that the offender's driver's or15297
commercial driver's license or permit is suspended or revoked15298
under any other provision of law.15299

       (2) The offender may present the ignition interlock order to15300
the registrar or to a deputy registrar. Upon presentation of the15301
order to the registrar or a deputy registrar, the registrar or15302
deputy registrar shall issue the offender a restricted license. A15303
restricted license issued under this division shall be identical15304
to an Ohio driver's license, except that it shall have printed on15305
its face a statement that the offender is prohibited during the15306
period specified in the court order from operating any motor15307
vehicle that is not equipped with a certified ignition interlock15308
device, and except that the date of commencement and the date of15309
termination of the period shall be indicated conspicuously upon15310
the face of the license.15311

       (3) As used in this section:15312

       (a) "Ignition interlock device" has the same meaning as in15313
section 4511.83 of the Revised Code.15314

       (b) "Certified ignition interlock device" means an ignition15315
interlock device that is certified pursuant to section 4511.83 of15316
the Revised Code.15317

       Sec. 4507.164.  (A) Except as provided in divisions (C) to15318
(E) of this section, when the license of any person is suspended15319
or revoked pursuant to any provision of the Revised Code other15320
than division (B)(G) of section 4507.164511.19 of the Revised15321
Code and other than section 4510.07 of the Revised Code for a15322
violation of a municipal OVI ordinance, the trial judge may15323
impound the identification license plates of any motor vehicle15324
registered in the name of the person.15325

       (B)(1) When the license of any person is suspended or15326
revoked pursuant to division (B)(1)(G)(1)(a) of section 4507.1615327
4511.19 of the Revised Code, or pursuant to section 4510.07 of the15328
Revised Code for a municipal OVI offense when the suspension is15329
equivalent in length to the suspension under division (G) of15330
section 4511.19 of the Revised Code that is specified in this15331
division, the trial judge of the court of record or the mayor of15332
the mayor's court that suspended or revoked the license may15333
impound the identification license plates of any motor vehicle15334
registered in the name of the person.15335

       (2) When the license of any person is suspended or revoked15336
pursuant to division (B)(2)(G)(1)(b) of section 4507.164511.19 of15337
the Revised Code, or pursuant to section 4510.07 of the Revised15338
Code for a municipal OVI offense when the suspension is equivalent15339
in length to the suspension under division (G) of section 4511.1915340
of the Revised Code that is specified in this division, the trial15341
judge of the court of record that suspended or revoked the license15342
shall order the impoundment of the identification license plates15343
of the motor vehicle the offender was operating at the time of the15344
offense and the immobilization of that vehicle in accordance with15345
section 4503.233 and division (A)(2),, (6), or (7)(G)(1)(b) of15346
section 4511.994511.19 or division (B)(2)(i) or (ii)(a) of15347
section 4511.193 of the Revised Code and may impound the15348
identification license plates of any other motor vehicle15349
registered in the name of the person whose license is suspended or15350
revoked.15351

       (3) When the license of any person is suspended or revoked15352
pursuant to division (B)(3)(G)(1)(c), (d), or (4)(e) of section15353
4507.164511.19 of the Revised Code, or pursuant to section15354
4510.07 of the Revised Code for a municipal OVI offense when the15355
suspension is equivalent in length to the suspension under15356
division (G) of section 4511.19 of the Revised Code that is15357
specified in this division, the trial judge of the court of record15358
that suspended or revoked the license shall order the criminal15359
forfeiture to the state of the motor vehicle the offender was15360
operating at the time of the offense in accordance with section15361
4503.234 and division (A)(3) or (4)(G)(1)(c), (d), or (8)(e) of15362
section 4511.994511.19 or division (B)(2)(b)(iii) of section15363
4511.193 of the Revised Code and may impound the identification15364
license plates of any other motor vehicle registered in the name15365
of the person whose license is suspended or revoked.15366

       (C)(1) When a person is convicted of or pleads guilty to a15367
violation of division (D)(2) of section 4507.024510.14 of the15368
Revised Code or a substantially equivalent municipal ordinance and15369
division (B)(1) or (2) of section 4507.994510.14 or division15370
(C)(1) or (2) of section 4507.364510.161 of the Revised Code15371
applies, the trial judge of the court of record or the mayor of15372
the mayor's court that imposes sentence shall order the15373
immobilization of the vehicle the person was operating at the time15374
of the offense and the impoundment of its identification license15375
plates in accordance with section 4503.233 and division (B)(1) or15376
(2) of section 4507.994510.14 or division (C)(1) or (2) of15377
section 4507.3614510.161 of the Revised Code and may impound the15378
identification license plates of any other vehicle registered in15379
the name of that person.15380

       (2) When a person is convicted of or pleads guilty to a15381
violation of division (D)(2) of section 4507.024510.14 of the15382
Revised Code or a substantially equivalent municipal ordinance and15383
division (B)(3) of section 4507.994510.14 or division (C)(3) of15384
section 4507.3614510.161 of the Revised Code applies, the trial15385
judge of the court of record that imposes sentence shall order the15386
criminal forfeiture to the state of the vehicle the person was15387
operating at the time of the offense in accordance with section15388
4503.234 and division (B)(3) of section 4507.994510.14 or15389
division (C)(3) of section 4507.3614510.161 of the Revised Code15390
and may impound the identification license plates of any other15391
vehicle registered in the name of that person.15392

       (D)(1) When a person is convicted of or pleads guilty to a15393
violation of division (B)(1)(A) of section 4507.024510.16 of the15394
Revised Code or a substantially equivalent municipal ordinance and15395
division (C)(1)(B)(2) or (2)(3) of section 4507.994510.16 or15396
division (B)(1) or (2) of section 4507.3614510.161 of the Revised15397
Code applies, the trial judge of the court of record or the mayor15398
of the mayor's court that imposes sentence shall order the15399
immobilization of the vehicle the person was operating at the time15400
of the offense and the impoundment of its identification license15401
plates in accordance with section 4503.233 and division15402
(C)(1)(B)(2) or (2)(3) of section 4507.994510.16 or division15403
(B)(1) or (2) of section 4507.3614510.161 of the Revised Code and15404
may impound the identification license plates of any other vehicle15405
registered in the name of that person.15406

       (2) When a person is convicted of or pleads guilty to a15407
violation of division (B)(1)(A) of section 4507.024510.16 of the15408
Revised Code or a substantially equivalent municipal ordinance and15409
division (C)(3)(B)(4) of section 4507.994510.16 or division15410
(B)(3) of section 4507.3614510.161 of the Revised Code applies,15411
the trial judge of the court of record that imposes sentence shall15412
order the criminal forfeiture to the state of the vehicle the15413
person was operating at the time of the offense in accordance with15414
section 4503.234 and division (C)(3)(B)(4) of section 4507.9915415
4510.16 or division (B)(3) of section 4507.3614510.161 of the15416
Revised Code and may impound the identification license plates of15417
any other vehicle registered in the name of that person.15418

       (E)(1) When a person is convicted of or pleads guilty to a15419
violation of section 4507.334511.203 of the Revised Code and the15420
person is sentenced pursuant to division (E)(C)(1) or(2) of15421
section 4507.994511.203 of the Revised Code, the trial judge of15422
the court of record or the mayor of the mayor's court that imposes15423
sentence shall order the immobilization of the vehicle that was15424
involved in the commission of the offense and the impoundment of15425
its identification license plates in accordance with division15426
(E)(C)(1) or(2) of section 4507.994511.203 and section 4503.23315427
of the Revised Code and may impound the identification license15428
plates of any other vehicle registered in the name of that person.15429

       (2) When a person is convicted of or pleads guilty to a15430
violation of section 4507.334511.203 of the Revised Code and the15431
person is sentenced pursuant to division (E)(2)(C)(3) of section15432
4507.994511.203 of the Revised Code, the trial judge of the court15433
of record or the mayor of the mayor's court that imposes sentence15434
shall order the criminal forfeiture to the state of the vehicle15435
that was involved in the commission of the offense in accordance15436
with division (E)(2)(C)(3) of section 4507.994511.203 and section15437
4503.234 of the Revised Code and may impound the identification15438
license plates of any other vehicle registered in the name of that15439
person.15440

       (F) Except as provided in section 4503.233 or 4503.234 of15441
the Revised Code, when the certificate of registration, the15442
identification license plates, or both have been impounded,15443
division (F)(B) of section 4507.02 of the Revised Code is15444
applicable.15445

       (G)As used in this section, "municipal OVI offense" has the15446
same meaning as in section 4511.181 of the Revised Code.15447

       Sec. 4507.17.  Any person whose license is suspended or15448
revoked under sections 4507.01 to 4507.39, inclusive, of the15449
Revised Code,canceled is not entitled to apply for or receive a15450
new license during the effective dates of suchthe suspension or15451
revocationcancellation.15452

       Sec. 4507.19.  The registrar of motor vehicles may suspend or15453
cancel any driver's license upon determination that such license15454
was obtained unlawfully, was issued in error, or has been altered15455
or willfully destroyed.15456

       Sec. 4507.20.  The registrar of motor vehicles, upon15457
determination that any person has more than seven points charged15458
against him under section 4507.021 of the Revised Code, and is not15459
subject to the provisions of section 4507.022 of the Revised Code,15460
or, havingwhen the registrar has good cause to believe that the15461
holder of a driver's or commercial driver's license is incompetent15462
or otherwise not qualified to be licensed, shall upon written15463
notice of at least fivethirty days sent to the licensee's last15464
known address, require himthe licensee to submit to a driver's15465
license examination or, a physical examination, or both, or a15466
commercial driver's license examination. Upon the conclusion of15467
the examination, the registrar may suspend or revoke the license15468
of the person, or may permit himthe licensee to retain the15469
license, or may issue himthe licensee a restricted license.15470
Refusal or neglect of the licensee to submit to the examination is15471
ground for suspension or revocation of histhe licensee's license.15472

       Sec. 4507.21.  (A) Each applicant for a driver's license15473
shall file an application in the office of the registrar of motor15474
vehicles or of a deputy registrar.15475

       (B)(1) Each person under eighteen years of age applying for15476
a driver's license issued in this state shall present satisfactory15477
evidence of having successfully completed any one of the15478
following:15479

       (a) A driver education course approved by the state15480
department of education.15481

       (b) A driver training course approved by the director of15482
public safety.15483

       (c) A driver training course comparable to a driver15484
education or driver training course described in division15485
(B)(1)(a) or (b) of this section and administered by a branch of15486
the armed forces of the United States and completed by the15487
applicant while residing outside this state for the purpose of15488
being with or near any person serving in the armed forces of the15489
United States.15490

       (2) Each person under eighteen years of age applying for a15491
driver's license also shall present, on a form prescribed by the15492
registrar, an affidavit signed by an eligible adult attesting that15493
the person has acquired at least fifty hours of actual driving15494
experience, with at least ten of those hours being at night.15495

       (C) If the registrar or deputy registrar determines that the15496
applicant is entitled to the driver's license, it shall be issued.15497
If the application shows that the applicant's license has been15498
previously revokedcanceled or suspended, the deputy registrar15499
shall forward the application to the registrar, who shall15500
determine whether the license shall be granted.15501

       (D) All applications shall be filed in duplicate, and the15502
deputy registrar issuing the license shall immediately forward to15503
the office of the registrar the original copy of the application,15504
together with the duplicate copy of the certificate, if issued.15505
The registrar shall prescribe rules as to the manner in which the15506
deputy registrar files and maintains the applications and other15507
records. The registrar shall file every application for a15508
driver's or commercial driver's license and index them by name and15509
number, and shall maintain a suitable record of all licenses15510
issued, all convictions and bond forfeitures, all applications for15511
licenses denied, and all licenses whichthat have been suspended15512
or revokedcanceled.15513

       (E) For purposes of section 2313.06 of the Revised Code, the15514
registrar shall maintain accurate and current lists of the15515
residents of each county who are eighteen years of age or older,15516
have been issued, on and after January 1, 1984, driver's or15517
commercial driver's licenses that are valid and current, and would15518
be electors if they were registered to vote, regardless of whether15519
they actually are registered to vote. The lists shall contain the15520
names, addresses, dates of birth, duration of residence in this15521
state, citizenship status, and social security numbers, if the15522
numbers are available, of the licensees, and may contain any other15523
information that the registrar considers suitable.15524

       (F) Each person under eighteen years of age applying for a15525
motorcycle operator's endorsement or a restricted license enabling15526
the applicant to operate a motorcycle shall present satisfactory15527
evidence of having completed the courses of instruction in the15528
motorcycle safety and education program described in section15529
4508.08 of the Revised Code or a comparable course of instruction15530
administered by a branch of the armed forces of the United States15531
and completed by the applicant while residing outside this state15532
for the purpose of being with or near any person serving in the15533
armed forces of the United States. If the registrar or deputy15534
registrar then determines that the applicant is entitled to the15535
endorsement or restricted license, it shall be issued.15536

       (G) No person shall knowingly make a false statement in an15537
affidavit presented in accordance with division (B)(2) of this15538
section.15539

       (H) As used in this section, "eligible adult" means any of15540
the following persons:15541

       (1) A parent, guardian, or custodian of the applicant;15542

       (2) A person over the age of twenty-one who acts in loco15543
parentis of the applicant and who maintains proof of financial15544
responsibility with respect to the operation of a motor vehicle15545
owned by the applicant or with respect to the applicant's15546
operation of any motor vehicle.15547

       (I)Whoever violates division (G) of this section is guilty15548
of a minor misdemeanor and shall be fined one hundred dollars.15549

       Sec. 4507.30.  No person shall do any of the following:15550

       (A) Display, or cause or permit to be displayed, or possess15551
any identification card, driver's or commercial driver's license,15552
temporary instruction permit, or commercial driver's license15553
temporary instruction permit knowing the same to be fictitious, or15554
to have been canceled, revoked, suspended, or altered;15555

       (B) Lend to a person not entitled thereto, or knowingly15556
permit hima person not entitled thereto to use any identification15557
card, driver's or commercial driver's license, temporary15558
instruction permit, or commercial driver's license temporary15559
instruction permit issued to the person so lending or permitting15560
the use thereof;15561

       (C) Display, or represent as one's own, any identification15562
card, driver's or commercial driver's license, temporary15563
instruction permit, or commercial driver's license temporary15564
instruction permit not issued to the person so displaying the15565
same;15566

       (D) Fail to surrender to the registrar of motor vehicles,15567
upon histhe registrar's demand, any identification card, driver's15568
or commercial driver's license, temporary instruction permit, or15569
commercial driver's license temporary instruction permit which15570
that has been suspended,or canceled, or revoked;15571

       (E) In any application for an identification card, driver's15572
or commercial driver's license, temporary instruction permit, or15573
commercial driver's license temporary instruction permit, or any15574
renewal or duplicate thereof, knowingly conceal a material fact,15575
or present any physician's statement required under section15576
4507.08 or 4507.081 of the Revised Code when knowing the same to15577
be false or fictitious.15578

       (F)Whoever violates any division of this section is guilty15579
of a misdemeanor of the first degree.15580

       Sec. 4507.31. (A) No person shall cause or knowingly permit15581
any minor under eighteen to drive a motor vehicle upon a highway15582
as an operator, unless suchthe minor has first obtained a license15583
or permit to drive a motor vehicle under sections 4507.01 to15584
4507.39, inclusive, of the Revised Codethis chapter.15585

       (B)Whoever violates this section is guilty of a misdemeanor15586
of the first degree.15587

       Sec. 4507.321. (A) Notwithstanding the definition of15588
"chauffeur" in section 4501.01 of the Revised Code, no person15589
shall employ,any minor for the purpose of operating a taxicab,15590
any minor under eighteen years of age.15591

       (B)Whoever violates this section is guilty of a misdemeanor15592
of the first degree.15593

       Sec. 4507.35. (A) The operator of a motor vehicle shall15594
display histhe operator's driver's license, or furnish15595
satisfactory proof that hethe operator has sucha driver's15596
license, upon demand of any peace officer or of any person damaged15597
or injured in any collision in which suchthe licensee may be15598
involved. When a demand is properly made and the operator has his15599
the operator's driver's license on or about histhe operator's15600
person, hethe operator shall not refuse to display saidthe15601
license. FailureA person's failure to furnish satisfactory15602
evidence that suchthe person is licensed under sections 4507.0115603
to 4507.30 of the Revised Codethis chapter when suchthe person15604
does not have histhe person's license on or about histhe15605
person's person shall be prima-facie evidence of histhe person's15606
not having obtained sucha driver's license.15607

       (B)Whoever violates this section is guilty of a misdemeanor15608
of the first degree.15609

       Sec. 4507.36. (A) No person shall knowingly make a false15610
statement to any matter or thing required by sections 4507.01 to15611
4507.39, inclusive, of the Revised Codethis chapter.15612

       (B)Whoever violates this section is guilty of a misdemeanor15613
of the first degree.15614

       Sec. 4507.45.  If a person's driver's license, commercial15615
driver's license, or nonresident operating privilege is suspended,15616
disqualified, or revokedcanceled for an indefinite period of time15617
or for a period of at least ninety days, and if at the end of the15618
period of suspension, disqualification, or revocationcancellation15619
the person is eligible to have the license or privilege15620
reinstated, the registrar of motor vehicles shall collect a15621
reinstatement fee of thirty dollars when the person requests15622
reinstatement. However, the registrar shall not collect the fee15623
prescribed by this section if a different driver's license,15624
commercial driver's license, or nonresident operating privilege15625
reinstatement fee is prescribed by law.15626

       Sec. 4507.50.  (A) The registrar of motor vehicles or a15627
deputy registrar, upon receipt of an application filed in15628
compliance with section 4507.51 of the Revised Code by any person15629
who is a resident or a temporary resident of this state and,15630
except as otherwise provided in this section, is not licensed as15631
an operator of a motor vehicle in this state or another licensing15632
jurisdiction, and, except as provided in division (B) of this15633
section, upon receipt of a fee of three dollars and fifty cents,15634
shall issue an identification card to that person.15635

       Any person who is a resident or temporary resident of this15636
state whose Ohio driver's or commercial driver's license has been15637
suspended or revokedcanceled, upon application in compliance with15638
section 4507.51 of the Revised Code and, except as provided in15639
division (B) if this section, payment of a fee of three dollars15640
and fifty cents, may be issued a temporary identification card.15641
The temporary identification card shall be identical to an15642
identification card, except that it shall be printed on its face15643
with a statement that the card is valid during the effective dates15644
of the suspension or revocationcancellation of the cardholder's15645
license, or until the birthday of the cardholder in the fourth15646
year after the date on which it is issued, whichever is shorter.15647
The cardholder shall surrender the identification card to the15648
registrar or any deputy registrar before the cardholder's driver's15649
or commercial driver's license is restored or reissued.15650

       Except as provided in division (B) of this section, the15651
deputy registrar shall be allowed a fee of two dollars and15652
twenty-five cents for each identification card issued under this15653
section. The fee allowed to the deputy registrar shall be in15654
addition to the fee for issuing an identification card.15655

       Neither the registrar nor any deputy registrar shall charge a15656
fee in excess of one dollar and fifty cents for laminating an15657
identification card or temporary identification card. A deputy15658
registrar laminating such a card shall retain the entire amount of15659
the fee charged for lamination, less the actual cost to the15660
registrar of the laminating materials used for that lamination, as15661
specified in the contract executed by the bureau for the15662
laminating materials and laminating equipment. The deputy15663
registrar shall forward the amount of the cost of the laminating15664
materials to the registrar for deposit as provided in this15665
section.15666

       The fee collected for issuing an identification card under15667
this section, except the fee allowed to the deputy registrar,15668
shall be paid into the state treasury to the credit of the state15669
bureau of motor vehicles fund created in section 4501.25 of the15670
Revised Code.15671

       (B) A disabled veteran who has a service-connected15672
disability rated at one hundred per cent by the veterans'15673
administration may apply to the registrar or a deputy registrar15674
for the issuance to that veteran of an identification card or a15675
temporary identification card under this section without payment15676
of any fee prescribed in division (A) of this section, including15677
any lamination fee.15678

       If the identification card or temporary identification card15679
of a disabled veteran described in this division is laminated by a15680
deputy registrar who is acting as a deputy registrar pursuant to a15681
contract with the registrar that is in effect on the effective15682
date of this amendment, the disabled veteran shall pay the deputy15683
registrar the lamination fee prescribed in division (A) of this15684
section. If the identification card or temporary identification15685
card is laminated by a deputy registrar who is acting as a deputy15686
registrar pursuant to a contract with the registrar that is15687
executed after the effective date of this amendment, the disabled15688
veteran is not required to pay the deputy registrar the lamination15689
fee prescribed in division (A) of this section.15690

       A disabled veteran whose identification card or temporary15691
identification card is laminated by the registrar is not required15692
to pay the registrar any lamination fee.15693

       An application made under division (A) of this section shall15694
be accompanied by such documentary evidence of disability as the15695
registrar may require by rule.15696

       Sec. 4507.52. (A) Each identification card issued by the15697
registrar of motor vehicles or a deputy registrar shall display a15698
distinguishing number assigned to the cardholder, and shall15699
display the following inscription:15700

"STATE OF OHIO IDENTIFICATION CARD
15701

       This card is not valid for the purpose of operating a motor15702
vehicle. It is provided solely for the purpose of establishing15703
the identity of the bearer described on the card, who currently is15704
not licensed to operate a motor vehicle in the state of Ohio."15705

       The identification card shall display substantially the same15706
information as contained in the application and as described in15707
division (A)(1) of section 4507.51 of the Revised Code, including15708
the cardholder's social security number unless the cardholder15709
specifically requests that the cardholder's social security number15710
not be displayed on the card. If federal law requires the15711
cardholder's social security number to be displayed on the15712
identification card, the social security number shall be displayed15713
on the card notwithstanding a request to not display the number15714
pursuant to this section. The identification card also shall15715
display the color photograph of the cardholder. If the cardholder15716
has executed a durable power of attorney for health care or a15717
declaration governing the use or continuation, or the withholding15718
or withdrawal, of life-sustaining treatment and has specified that15719
the cardholder wishes the identification card to indicate that the15720
cardholder has executed either type of instrument, the card also15721
shall display any symbol chosen by the registrar to indicate that15722
the cardholder has executed either type of instrument. The card15723
shall be sealed in transparent plastic or similar material and15724
shall be so designed as to prevent its reproduction or alteration15725
without ready detection.15726

       The identification card for persons under twenty-one years of15727
age shall have characteristics prescribed by the registrar15728
distinguishing it from that issued to a person who is twenty-one15729
years of age or older, except that an identification card issued15730
to a person who applies no more than thirty days before the15731
applicant's twenty-first birthday shall have the characteristics15732
of an identification card issued to a person who is twenty-one15733
years of age or older.15734

       Every identification card issued to a resident of this state15735
shall expire, unless canceled or surrendered earlier, on the15736
birthday of the cardholder in the fourth year after the date on15737
which it is issued. Every identification card issued to a15738
temporary resident shall expire in accordance with rules adopted15739
by the registrar and is nonrenewable, but may be replaced with a15740
new identification card upon the applicant's compliance with all15741
applicable requirements. A cardholder may renew the cardholder's15742
identification card within ninety days prior to the day on which15743
it expires by filing an application and paying the prescribed fee15744
in accordance with section 4507.50 of the Revised Code.15745

       If a cardholder applies for a driver's or commercial driver's15746
license in this state or another licensing jurisdiction, the15747
cardholder shall surrender the cardholder's identification card to15748
the registrar or any deputy registrar before the license is15749
issued.15750

       (B) If a card is lost, destroyed, or mutilated, the person15751
to whom the card was issued may obtain a duplicate by doing both15752
of the following:15753

       (A)(1) Furnishing suitable proof of the loss, destruction,15754
or mutilation to the registrar or a deputy registrar;15755

       (B)(2) Filing an application and presenting documentary15756
evidence under section 4507.51 of the Revised Code.15757

       Any person who loses a card and, after obtaining a duplicate,15758
finds the original, immediately shall surrender the original to15759
the registrar or a deputy registrar.15760

       A cardholder may obtain a replacement identification card15761
that reflects any change of the cardholder's name by furnishing15762
suitable proof of the change to the registrar or a deputy15763
registrar and surrendering the cardholder's existing card.15764

       When a cardholder applies for a duplicate or obtains a15765
replacement identification card, the cardholder shall pay a fee of15766
two dollars and fifty cents. A deputy registrar shall be allowed15767
an additional fee of two dollars and twenty-five cents for issuing15768
a duplicate or replacement identification card. A disabled15769
veteran who is a cardholder and has a service-connected disability15770
rated at one hundred per cent by the veterans' administration may15771
apply to the registrar or a deputy registrar for the issuance of a15772
duplicate or replacement identification card without payment of15773
any fee prescribed in this section, and without payment of any15774
lamination fee if the disabled veteran would not be required to15775
pay a lamination fee in connection with the issuance of an15776
identification card or temporary identification card as provided15777
in division (B) of section 4507.50 of the Revised Code.15778

       A duplicate or replacement identification card shall expire15779
on the same date as the card it replaces.15780

       (C) The registrar shall cancel any card upon determining15781
that the card was obtained unlawfully, issued in error, or was15782
altered. The registrar also shall cancel any card that is15783
surrendered to the registrar or to a deputy registrar after the15784
holder has obtained a duplicate, replacement, or driver's or15785
commercial driver's license.15786

       (D)(1) No agent of the state or its political subdivisions15787
shall condition the granting of any benefit, service, right, or15788
privilege upon the possession by any person of an identification15789
card. Nothing in this section shall preclude any publicly15790
operated or franchised transit system from using an identification15791
card for the purpose of granting benefits or services of the15792
system.15793

       (2) No person shall be required to apply for, carry, or15794
possess an identification card.15795

       (C)(E) Except in regard to an identification card issued to15796
a person who applies no more than thirty days before the15797
applicant's twenty-first birthday, neither the registrar nor any15798
deputy registrar shall issue an identification card to a person15799
under twenty-one years of age that does not have the15800
characteristics prescribed by the registrar distinguishing it from15801
the identification card issued to persons who are twenty-one years15802
of age or older.15803

       (F)Whoever violates division (E) of this section is guilty15804
of a minor misdemeanor.15805

       Sec. 4507.99.  (A) Whoever violates division (B)(2) or (D)(1)15806
of section 4507.02 of the Revised Code is guilty of driving under15807
suspension or revocation or in violation of license restrictions,15808
a misdemeanor of the first degree. Whoever violates division (C)15809
of section 4507.02 of the Revised Code is guilty of driving15810
without paying a license reinstatement fee, a misdemeanor of the15811
first degree. Except as otherwise provided in division (D) of15812
section 4507.162 of the Revised Code, the court, in addition to or15813
independent of all other penalties provided by law, may suspend15814
for a period not to exceed one year the driver's or commercial15815
driver's license or permit or nonresident operating privilege of15816
any person who pleads guilty to or is convicted of a violation of15817
division (B)(2), (C), or (D)(1) of section 4507.02 of the Revised15818
Code.15819

       (B) Whoever violates division (D)(2) of section 4507.02 of15820
the Revised Code is guilty of driving under OMVI suspension or15821
revocation and shall be punished as provided in division (B)(1),15822
(2), or (3) and divisions (B)(4) to (8) of this section.15823

       (1) Except as otherwise provided in division (B)(2) or (3)15824
of this section, driving under OMVI suspension or revocation is a15825
misdemeanor of the first degree, and the court shall sentence the15826
offender to a term of imprisonment of not less than three15827
consecutive days and may sentence the offender pursuant to section15828
2929.21 of the Revised Code to a longer term of imprisonment. As15829
an alternative to the term of imprisonment required to be imposed15830
by this division, but subject to division (B)(6) of this section,15831
the court may sentence the offender to a term of not less than15832
thirty consecutive days of electronically monitored house arrest15833
as defined in division (A)(4) of section 2929.23 of the Revised15834
Code. The period of electronically monitored house arrest shall15835
not exceed six months. In addition, the court shall impose upon15836
the offender a fine of not less than two hundred fifty and not15837
more than one thousand dollars.15838

       Regardless of whether the vehicle the offender was operating15839
at the time of the offense is registered in the offender's name or15840
in the name of another person, the court, in addition to or15841
independent of any other sentence that it imposes upon the15842
offender and subject to section 4503.235 of the Revised Code,15843
shall order the immobilization for thirty days of the vehicle the15844
offender was operating at the time of the offense and the15845
impoundment for thirty days of the identification license plates15846
of that vehicle. The order for immobilization and impoundment15847
shall be issued and enforced in accordance with section 4503.23315848
of the Revised Code.15849

       (2) If, within five years of the offense, the offender has15850
been convicted of or pleaded guilty to one violation of division15851
(D)(2) of section 4507.02 of the Revised Code or a municipal15852
ordinance that is substantially equivalent to that division,15853
driving under OMVI suspension or revocation is a misdemeanor, and15854
the court shall sentence the offender to a term of imprisonment of15855
not less than ten consecutive days and may sentence the offender15856
to a longer definite term of imprisonment of not more than one15857
year. As an alternative to the term of imprisonment required to15858
be imposed by this division, but subject to division (B)(6) of15859
this section, the court may sentence the offender to a term of not15860
less than ninety consecutive days of electronically monitored15861
house arrest as defined in division (A)(4) of section 2929.23 of15862
the Revised Code. The period of electronically monitored house15863
arrest shall not exceed one year. In addition, the court shall15864
impose upon the offender a fine of not less than five hundred and15865
not more than two thousand five hundred dollars.15866

       Regardless of whether the vehicle the offender was operating15867
at the time of the offense is registered in the offender's name or15868
in the name of another person, the court, in addition to or15869
independent of any other sentence that it imposes upon the15870
offender and subject to section 4503.235 of the Revised Code,15871
shall order the immobilization for sixty days of the vehicle the15872
offender was operating at the time of the offense and the15873
impoundment for sixty days of the identification license plates of15874
that vehicle. The order for immobilization and impoundment shall15875
be issued and enforced in accordance with section 4503.233 of the15876
Revised Code.15877

       (3) If, within five years of the offense, the offender has15878
been convicted of or pleaded guilty to two or more violations of15879
division (D)(2) of section 4507.02 of the Revised Code or a15880
municipal ordinance that is substantially equivalent to that15881
division, driving under OMVI suspension or revocation is guilty of15882
a misdemeanor. The court shall sentence the offender to a term of15883
imprisonment of not less than thirty consecutive days and may15884
sentence the offender to a longer definite term of imprisonment of15885
not more than one year. The court shall not sentence the offender15886
to a term of electronically monitored house arrest as defined in15887
division (A)(4) of section 2929.23 of the Revised Code. In15888
addition, the court shall impose upon the offender a fine of not15889
less than five hundred and not more than two thousand five hundred15890
dollars.15891

       Regardless of whether the vehicle the offender was operating15892
at the time of the offense is registered in the offender's name or15893
in the name of another person, the court, in addition to or15894
independent of any other sentence that it imposes upon the15895
offender and subject to section 4503.235 of the Revised Code,15896
shall order the criminal forfeiture to the state of the vehicle15897
the offender was operating at the time of the offense. The order15898
of criminal forfeiture shall be issued and enforced in accordance15899
with section 4503.234 of the Revised Code.15900

       If title to a motor vehicle that is subject to an order for15901
criminal forfeiture under this section is assigned or transferred15902
and division (C)(2) or (3) of section 4503.234 of the Revised Code15903
applies, in addition to or independent of any other penalty15904
established by law, the court may fine the offender the value of15905
the vehicle as determined by publications of the national auto15906
dealer's association. The proceeds from any fine imposed under15907
this division shall be distributed in accordance with division15908
(D)(4) of section 4503.234 of the Revised Code.15909

       (4) In addition to or independent of all other penalties15910
provided by law or ordinance, the trial judge of any court of15911
record or the mayor of a mayor's court shall suspend for a period15912
not to exceed one year the driver's or commercial driver's license15913
or permit or nonresident operating privilege of an offender who is15914
sentenced under division (B)(1), (2), or (3) of this section.15915

       (5) Fifty per cent of any fine imposed by a court under15916
division (B)(1), (2), or (3) of this section shall be deposited15917
into the county indigent drivers alcohol treatment fund or15918
municipal indigent drivers alcohol treatment fund under the15919
control of that court, as created by the county or municipal15920
corporation pursuant to division (N) of section 4511.191 of the15921
Revised Code.15922

       (6) No court shall impose the alternative sentence of not15923
less than thirty consecutive days of electronically monitored15924
house arrest permitted to be imposed by division (B)(1) of this15925
section or the alternative sentence of a term of not less than15926
ninety consecutive days of electronically monitored house arrest15927
permitted to be imposed by division (B)(2) of this section, unless15928
within sixty days of the date of sentencing, the court issues a15929
written finding, entered into the record, that, due to the15930
unavailability of space at the incarceration facility where the15931
offender is required to serve the term of imprisonment imposed15932
upon the offender, the offender will not be able to begin serving15933
that term of imprisonment within the sixty-day period following15934
the date of sentencing. If the court issues such a finding, the15935
court may impose the alternative sentence comprised of or15936
including electronically monitored house arrest permitted to be15937
imposed by division (B)(1) or (2) of this section.15938

       (7) An offender sentenced under this section to a period of15939
electronically monitored house arrest shall be permitted work15940
release during such period. The duration of the work release15941
shall not exceed the time necessary each day for the offender to15942
commute to and from the place of employment and the offender's15943
home or other place specified by the sentencing court and the time15944
actually spent under employment.15945

       (8) Suspension of a commercial driver's license under this15946
section shall be concurrent with any period of disqualification15947
under section 3123.611 or 4506.16 of the Revised Code or any15948
period of suspension under section 3123.58 of the Revised Code. No15949
person who is disqualified for life from holding a commercial15950
driver's license under section 4506.16 of the Revised Code shall15951
be issued a driver's license under this chapter during the period15952
for which the commercial driver's license was suspended under this15953
section, and no person whose commercial driver's license is15954
suspended under this section shall be issued a driver's license15955
under this chapter during the period of the suspension.15956

       (C) Whoever violates division (B)(1) of section 4507.02 of15957
the Revised Code is guilty of driving under financial15958
responsibility law suspension or revocation and shall be punished15959
as provided in division (C)(1), (2), or (3) and division (C)(4) of15960
this section.15961

       (1) Except as otherwise provided in division (C)(2) or (3)15962
of this section, driving under financial responsibility law15963
suspension or revocation is a misdemeanor of the first degree.15964

       Regardless of whether the vehicle the offender was operating15965
at the time of the offense is registered in the offender's name or15966
in the name of another person, the court, in addition to or15967
independent of any other sentence that it imposes upon the15968
offender and subject to section 4503.235 of the Revised Code,15969
shall order the immobilization for thirty days of the vehicle the15970
offender was operating at the time of the offense and the15971
impoundment for thirty days of the identification license plates15972
of that vehicle. The order for immobilization and impoundment15973
shall be issued and enforced in accordance with section 4503.23315974
of the Revised Code.15975

       (2) If, within five years of the offense, the offender has15976
been convicted of or pleaded guilty to one violation of division15977
(B)(1) of section 4507.02 of the Revised Code or a municipal15978
ordinance that is substantially equivalent to that division,15979
driving under financial responsibility law suspension or15980
revocation is a misdemeanor of the first degree.15981

       Regardless of whether the vehicle the offender was operating15982
at the time of the offense is registered in the offender's name or15983
in the name of another person, the court, in addition to or15984
independent of any other sentence that it imposes upon the15985
offender and subject to section 4503.235 of the Revised Code,15986
shall order the immobilization for sixty days of the vehicle the15987
offender was operating at the time of the offense and the15988
impoundment for sixty days of the identification license plates of15989
that vehicle. The order for immobilization and impoundment shall15990
be issued and enforced in accordance with section 4503.233 of the15991
Revised Code.15992

       (3) If, within five years of the offense, the offender has15993
been convicted of or pleaded guilty to two or more violations of15994
division (B)(1) of section 4507.02 of the Revised Code or a15995
municipal ordinance that is substantially equivalent to that15996
division, driving under financial responsibility law suspension or15997
revocation is a misdemeanor of the first degree.15998

       Regardless of whether the vehicle the offender was operating15999
at the time of the offense is registered in the offender's name or16000
in the name of another person, the court, in addition to or16001
independent of any other sentence that it imposes upon the16002
offender and subject to section 4503.235 of the Revised Code,16003
shall order the criminal forfeiture to the state of the vehicle16004
the offender was operating at the time of the offense. The order16005
of criminal forfeiture shall be issued and enforced in accordance16006
with section 4503.234 of the Revised Code.16007

       If title to a motor vehicle that is subject to an order for16008
criminal forfeiture under this section is assigned or transferred16009
and division (C)(2) or (3) of section 4503.234 of the Revised Code16010
applies, in addition to or independent of any other penalty16011
established by law, the court may fine the offender the value of16012
the vehicle as determined by publications of the national auto16013
dealer's association. The proceeds from any fine imposed under16014
this division shall be distributed in accordance with division16015
(D)(4) of section 4503.234 of the Revised Code.16016

       (4) Except as otherwise provided in division (D) of section16017
4507.162 of the Revised Code, the court, in addition to or16018
independent of all other penalties provided by law, may suspend16019
for a period not to exceed one year the driver's or commercial16020
driver's license or permit or nonresident operating privilege of16021
an offender who is sentenced under division (C)(1), (2), or (3) of16022
this section.16023

       (5) The court shall not release a vehicle from the16024
immobilization ordered under division (C)(1) or (2) of this16025
section unless the court is presented with current proof of16026
financial responsibility with respect to that vehicle.16027

       (D) Whoever violates division (A)(1) or (3) of section16028
4507.02 of the Revised Code by operating a motor vehicle when the16029
offender's driver's or commercial driver's license has been16030
expired for no more than six months is guilty of a minor16031
misdemeanor. Whoever violates division (B) of section 4507.13 or16032
division (C) of section 4507.52 of the Revised Code is guilty of a16033
minor misdemeanor.16034

       (E) Whoever violates section 4507.33 of the Revised Code is16035
guilty of permitting the operation of a vehicle by a person with16036
no legal right to operate a vehicle and shall be punished as16037
provided in division (E)(1) or (2) of this section.16038

       (1) Except as otherwise provided in division (E)(2) of this16039
section, permitting the operation of a vehicle by a person with no16040
legal right to operate a vehicle is a misdemeanor of the first16041
degree. In addition to or independent of any other sentence that16042
it imposes upon the offender and subject to section 4503.235 of16043
the Revised Code, the court shall order the immobilization for16044
thirty days of the vehicle involved in the offense and the16045
impoundment for thirty days of the identification license plates16046
of that vehicle. The order for immobilization and impoundment16047
shall be issued and enforced in accordance with section 4503.23316048
of the Revised Code.16049

       (2) If the offender previously has been convicted of or16050
pleaded guilty to one or more violations of section 4507.33 of the16051
Revised Code, permitting the operation of a vehicle by a person16052
with no legal right to operate a vehicle is a misdemeanor of the16053
first degree. In addition to or independent of any other sentence16054
that it imposes upon the offender and subject to section 4503.23516055
of the Revised Code, the court shall order the criminal forfeiture16056
to the state of the vehicle involved in the offense. The order of16057
criminal forfeiture shall be issued and enforced in accordance16058
with section 4503.234 of the Revised Code.16059

       If title to a motor vehicle that is subject to an order for16060
criminal forfeiture under this section is assigned or transferred16061
and division (C)(2) or (3) of section 4503.234 of the Revised Code16062
applies, in addition to or independent of any other penalty16063
established by law, the court may fine the offender the value of16064
the vehicle as determined by publications of the national auto16065
dealer's association. The proceeds from any fine imposed under16066
this division shall be distributed in accordance with division16067
(D)(4) of section 4503.234 of the Revised Code.16068

       (F) Whoever violates division (F)(1) or (2) of section16069
4507.05, or division (B) or (D) of section 4507.071 of the Revised16070
Code is guilty of a minor misdemeanor.16071

       (G) Whoever violates division (G) of section 4507.21 of the16072
Revised Code shall be fined one hundred dollars.16073

       (H) Except as provided in divisions (A) to (E) of this16074
section and unlessUnless another penalty is provided by the16075
section that contains the provision violated or otherwise is16076
provided by the laws of this state, whoever violates any provision16077
of sections 4507.01 to 4507.081 or 4507.10 to 4507.37 of the16078
Revised Code is guilty of a misdemeanor of the first degree.16079

       (I) Whenever a person is found guilty of a violation of16080
section 4507.32 of the Revised Code, the trial judge of any court16081
of record, in addition to or independent of all other penalties16082
provided by law or ordinance, may suspend for any period of time16083
not exceeding three years or revoke the license of any person,16084
partnership, association, or corporation, issued under section16085
4511.763 of the Revised Code.16086

       (J)(B) Whenever a person is found guilty of a violation of16087
a traffic offense specified in Traffic Rule 13(B) that requires16088
the person's appearance in court, the court shall require the16089
person to verify the existence at the time of the offense of proof16090
of financial responsibility covering the person's operation of the16091
motor vehicle, or the motor vehicle if registered in the person's16092
name, and notify the registrar pursuant to division (D) of section16093
4509.101 of the Revised Code if the person fails to verify the16094
existence of such proof of financial responsibility.16095

       Sec. 4508.03.  (A) No driver training school shall be16096
established nor any such existing school continued unless the16097
school applies for and obtains from the director of public safety16098
a license in the manner and form prescribed by the director.16099

       The rules shall state the requirements for a school license,16100
including requirements concerning location, equipment, courses of16101
instruction, instructors, previous records of the school and16102
instructors, financial statements, schedule of fees and charges,16103
character and reputation of the operators, insurance in suchthe16104
sum and with suchthose provisions as the director considers16105
necessary to protect adequately the interests of the public, and16106
suchany other matters as the director may prescribe for the16107
protection of the public. The rules also shall require financial16108
responsibility information as part of the driver education16109
curriculum.16110

       (B) Any school that offers a driver training program for16111
disabled persons shall provide specially trained instructors for16112
the driver training of such persons. No school shall operate a16113
driver training program for disabled persons after June 30, 1978,16114
unless it has been licensed for such operation by the director. No16115
person shall act as a specially trained instructor in a driver16116
training program for disabled persons operated by a school after16117
June 30, 1978, unless that person has been licensed by the16118
director.16119

       (C) The director shall certify instructors to teach driver16120
training to disabled persons in accordance with training program16121
requirements established by the department of public safety.16122

       (D) No person shall operate a driver training school unless16123
the person has a valid license issued by the director under this16124
section.16125

       (E) Whoever violates division (D) of this section is guilty16126
of operating a driver training school without a valid license, a16127
minor misdemeanor. On a second or subsequent offense within two16128
years after the first offense, the person is guilty of a16129
misdemeanor of the fourth degree.16130

       Sec. 4508.04. (A) No person shall act as a driver training16131
instructor and on and after June 30, 1978, no person shall act as16132
a driver training instructor for disabled persons unless such16133
person applies for and obtains from the director of public safety16134
a license in the manner and form prescribed by the director. The16135
director shall provide by rule for instructors' license16136
requirements including moral character, physical condition,16137
knowledge of the courses of instruction, motor vehicle laws and16138
safety principles, previous personal and employment records, and16139
such other matters as the director may prescribe for the16140
protection of the public. Driver training instructors for16141
disabled persons shall meet such additional requirements and16142
receive such additional classroom and practical instruction as the16143
director shall prescribe by rule.16144

       (B)(1)No license shall be issued under this section to a16145
person if, within ten years of the date of application for the16146
license, the person has pleaded guilty to or been convicted of a16147
felony under the laws of this state or the comparable laws of16148
another jurisdiction.16149

       (2) No license shall be issued under this section to a16150
person if, within five years of the date of application for the16151
license, the person has pleaded guilty to or been convicted of a16152
misdemeanor of the first or second degree that is reasonably16153
related to the person's fitness to be issued such a license.16154

       (C) No person shall knowingly make a false statement on a16155
license application submitted under this section.16156

       (D)(1) Whoever violates division (A) of this section is16157
guilty of acting as a driver training instructor without a valid16158
license, a misdemeanor of the fourth degree.16159

       (2) Whoever violates division (C) of this section may be16160
charged with falsification under section 2921.13 of the Revised16161
Code.16162

       Sec. 4508.06. (A) The director of public safety may refuse to16163
issue, or may suspend or revoke, a license in any case wherein16164
which the director finds the applicant or licensee has violated16165
any of the provisions of this chapter, or any of the regulations16166
adopted by the director. ANo person whose license has been16167
suspended or revoked licenseunder this section shall be returned16168
fail to return the license to the director by the licensee.16169

       (B) Whoever violates division (A) of this section is guilty16170
of failing to return a suspended or revoked license, a minor16171
misdemeanor or, on a second or subsequent offense within two years16172
after the first offense, a misdemeanor of the fourth degree.16173

       Sec. 4508.09. (A) No person who operates a driver training16174
school shall use or cause to be used in the operation of the16175
driving school and upon any public property or private property16176
used for vehicular traffic any vehicle that does not meet the16177
minimum standards that are established by the director of public16178
safety and that are applicable to vehicles used in the operation16179
of a driving school.16180

       (B) Whoever violates this section is guilty of using an16181
unsafe vehicle at a driving school, a minor misdemeanor or, on a16182
second or subsequent offense within two years after the first16183
offense, a misdemeanor of the fourth degree.16184

       Sec. 4509.02.  As used in sections 4509.314509.291 to16185
4509.67, inclusive, of the Revised Code:16186

       (A) "Judgment" means any judgment which has become final by16187
expiration without appeal of the time within which an appeal might16188
have been perfected, or by final affirmation on appeal, rendered16189
by a court of competent jurisdiction of any state or of the United16190
States, upon a cause of action arising out of the ownership,16191
maintenance, or use of any motor vehicle for damages, including16192
damages for care and loss of services because of bodily injury to16193
or death of any person, or for damages because of injury to or16194
destruction of property, including the loss of use thereof, or16195
upon a cause of action on an agreement of settlement for such16196
damages.16197

       (B) "State" means any state, territory, or possession of the16198
United States, the District of Columbia, or any province of the16199
Dominion of Canada.16200

       Sec. 4509.101.  (A)(1) No person shall operate, or permit16201
the operation of, a motor vehicle in this state, unless proof of16202
financial responsibility is maintained continuously throughout the16203
registration period with respect to that vehicle, or, in the case16204
of a driver who is not the owner, with respect to that driver's16205
operation of that vehicle.16206

       (2) Whoever violates division (A)(1) of this section shall16207
be subject to the following civil penalties:16208

       (a) Suspension of the person's operating privilegesSubject16209
to divisions (A)(2)(b) and (c) of this section, a class E16210
suspension of the person's driver's license, commercial driver's16211
license, temporary instruction permit, probationary license, or16212
nonresident operating privilege for the period of time specified16213
in division (B)(5) of section 4510.02 of the Revised Code and16214
impoundment of the person's license until the person complies with16215
division (A)(5) of this section. The suspension shall be for a16216
period of not less than ninety days except that if,.The court may16217
grant limited driving privileges to the person only if the person16218
presents proof of financial responsibility and has complied with16219
division (A)(5) of this section.16220

       (b) If, within five years of the violation, the person's16221
operating privileges are again suspended and the person's license16222
again is impounded one or more times for a violation of division16223
(A)(1) of this section, a class C suspension of the person's16224
driver's license, commercial driver's license, temporary16225
instruction permit, probationary license, or nonresident operating16226
privilege for the period of time specified in division (B)(3) of16227
section 4510.02 of the Revised Code. The court may grant limited16228
driving privileges to the person only if the person presents proof16229
of financial responsibility and has complied with division (A)(5)16230
of this section, and no court may grant limited driving privileges16231
for the first fifteen days of the suspension shall be for a period16232
of not less than one year. Except as provided by section 4509.10516233
of the Revised Code, the suspension is not subject to revocation,16234
suspension, or occupational or other limited operating privileges.16235

       (b)(c)If, within five years of the violation, the person's16236
operating privileges are suspended and the person's license is16237
impounded two or more times for a violation of division (A)(1) of16238
this section, a class B suspension of the person's driver's16239
license, commercial driver's license, temporary instruction16240
permit, probationary license, or nonresident operating privilege16241
for the period of time specified in division (B)(2) of section16242
4510.02 of the Revised Code. No court may grant limited driving16243
privileges during the suspension.16244

       (d) In addition to the suspension of an owner's license16245
under division (A)(2)(a), (b),or(c) of this section, the16246
suspension of the rights of the owner to register the motor16247
vehicle and the impoundment of the owner's certificate of16248
registration and license plates until the owner complies with16249
division (A)(5) of this section.16250

       (3) A person to whom this state has issued a certificate of16251
registration for a motor vehicle or a license to operate a motor16252
vehicle or who is determined to have operated any motor vehicle or16253
permitted the operation in this state of a motor vehicle owned by16254
the person shall be required to verify the existence of proof of16255
financial responsibility covering the operation of the motor16256
vehicle or the person's operation of the motor vehicle under any16257
of the following circumstances:16258

       (a) The person or a motor vehicle owned by the person is16259
involved in a traffic accident that requires the filing of an16260
accident report under section 4509.06 of the Revised Code.16261

       (b) The person receives a traffic ticket indicating that16262
proof of the maintenance of financial responsibility was not16263
produced upon the request of a peace officer or state highway16264
patrol trooper made in accordance with division (D)(2) of this16265
section.16266

       (c) Whenever, in accordance with rules adopted by the16267
registrar, the person is randomly selected by the registrar and16268
requested to provide such verification.16269

       (4) An order of the registrar that suspends and impounds a16270
license or registration, or both, shall state the date on or16271
before which the person is required to surrender the person's16272
license or certificate of registration and license plates. The16273
person is deemed to have surrendered the license or certificate of16274
registration and license plates, in compliance with the order, if16275
the person does either of the following:16276

       (a) On or before the date specified in the order, personally16277
delivers the license or certificate of registration and license16278
plates, or causes the delivery of the items, to the registrar;16279

       (b) Mails the license or certificate of registration and16280
license plates to the registrar in an envelope or container16281
bearing a postmark showing a date no later than the date specified16282
in the order.16283

       (5) Except as provided in division (A)(6) of this section,16284
the registrar shall not restore any operating privileges or16285
registration rights suspended under this section, return any16286
license, certificate of registration, or license plates impounded16287
under this section, or reissue license plates under section16288
4503.232 of the Revised Code, if the registrar destroyed the16289
impounded license plates under that section, or reissue a license16290
under section 4507.544510.52 of the Revised Code, if the16291
registrar destroyed the suspended license under that section,16292
unless the rights are not subject to suspension or revocation16293
under any other law and unless the person, in addition to16294
complying with all other conditions required by law for16295
reinstatement of the operating privileges or registration rights,16296
complies with all of the following:16297

       (a) Pays a financial responsibility reinstatement fee of16298
seventy-five dollars for the first violation of division (A)(1) of16299
this section, two hundred fifty dollars for a second violation of16300
that division, and five hundred dollars for a third or subsequent16301
violation of that division;16302

       (b) If the person has not voluntarily surrendered the16303
license, certificate, or license plates in compliance with the16304
order, pays a financial responsibility nonvoluntary compliance fee16305
in an amount, not to exceed fifty dollars, determined by the16306
registrar;16307

       (c) Files and continuously maintains proof of financial16308
responsibility under sections 4509.44 to 4509.65 of the Revised16309
Code.16310

       (6) If the registrar issues an order under division (A)(2)16311
of this section resulting from the failure of a person to respond16312
to a financial responsibility random verification request under16313
division (A)(3)(c) of this section and the person successfully16314
maintains an affirmative defense to a violation of section 4507.0216315
4510.16 of the Revised Code or is determined by the registrar or a16316
deputy registrar to have been in compliance with division (A)(1)16317
of this section at the time of the initial financial16318
responsibility random verification request, the registrar shall do16319
both of the following:16320

       (a) Terminate the order of suspension or impoundment;16321

       (b) Restore the operating privileges and registration rights16322
of the person without payment of the fees established in divisions16323
(A)(5)(a) and (b) of this section and without a requirement to16324
file proof of financial responsibility.16325

       (B)(1) Every party required to file an accident report under16326
section 4509.06 of the Revised Code also shall include with the16327
report a document described in division (G)(1) of this section.16328

       If the registrar determines, within forty-five days after the16329
report is filed, that an operator or owner has violated division16330
(A)(1) of this section, the registrar shall do all of the16331
following:16332

       (a) Order the impoundment, with respect to the motor vehicle16333
involved, required under division (A)(2)(b)(d) of this section, of16334
the certificate of registration and license plates of any owner16335
who has violated division (A)(1) of this section;16336

       (b) Order the suspension required under division (A)(2)(a),16337
(b),or(c) of this section of the license of any operator or16338
owner who has violated division (A)(1) of this section;16339

       (c) Record the name and address of the person whose16340
certificate of registration and license plates have been impounded16341
or are under an order of impoundment, or whose license has been16342
suspended or is under an order of suspension; the serial number of16343
the person's license; the serial numbers of the person's16344
certificate of registration and license plates; and the person's16345
social security account number, if assigned, or, where the motor16346
vehicle is used for hire or principally in connection with any16347
established business, the person's federal taxpayer identification16348
number. The information shall be recorded in such a manner that16349
it becomes a part of the person's permanent record, and assists16350
the registrar in monitoring compliance with the orders of16351
suspension or impoundment.16352

       (d) Send written notification to every person to whom the16353
order pertains, at the person's last known address as shown on the16354
records of the bureau. The person, within ten days after the date16355
of the mailing of the notification, shall surrender to the16356
registrar, in a manner set forth in division (A)(4) of this16357
section, any certificate of registration and registration plates16358
under an order of impoundment, or any license under an order of16359
suspension.16360

       (2) The registrar shall issue any order under division16361
(B)(1) of this section without a hearing. Any person adversely16362
affected by the order, within ten days after the issuance of the16363
order, may request an administrative hearing before the registrar,16364
who shall provide the person with an opportunity for a hearing in16365
accordance with this paragraph. A request for a hearing does not16366
operate as a suspension of the order. The scope of the hearing16367
shall be limited to whether the person in fact demonstrated to the16368
registrar proof of financial responsibility in accordance with16369
this section. The registrar shall determine the date, time, and16370
place of any hearing, provided that the hearing shall be held, and16371
an order issued or findings made, within thirty days after the16372
registrar receives a request for a hearing. If requested by the16373
person in writing, the registrar may designate as the place of16374
hearing the county seat of the county in which the person resides16375
or a place within fifty miles of the person's residence. The16376
person shall pay the cost of the hearing before the registrar, if16377
the registrar's order of suspension or impoundment is upheld.16378

       (C) Any order of suspension or impoundment issued under this16379
section or division (B) of section 4509.37 of the Revised Code may16380
be terminated at any time if the registrar determines upon a16381
showing of proof of financial responsibility that the operator or16382
owner of the motor vehicle was in compliance with division (A)(1)16383
of this section at the time of the traffic offense, motor vehicle16384
inspection, or accident that resulted in the order against the16385
person. A determination may be made without a hearing. This16386
division does not apply unless the person shows good cause for the16387
person's failure to present satisfactory proof of financial16388
responsibility to the registrar prior to the issuance of the16389
order.16390

       (D)(1) For the purpose of enforcing this section, every16391
peace officer is deemed an agent of the registrar.16392

       (a) Except as provided in division (D)(1)(b) of this16393
section, any peace officer who, in the performance of the peace16394
officer's duties as authorized by law, becomes aware of a person16395
whose license is under an order of suspension, or whose16396
certificate of registration and license plates are under an order16397
of impoundment, pursuant to this section, may confiscate the16398
license, certificate of registration, and license plates, and16399
return them to the registrar.16400

       (b) Any peace officer who, in the performance of the peace16401
officer's duties as authorized by law, becomes aware of a person16402
whose license is under an order of suspension, or whose16403
certificate of registration and license plates are under an order16404
of impoundment resulting from failure to respond to a financial16405
responsibility random verification, shall not, for that reason,16406
arrest the owner or operator or seize the vehicle or license16407
plates. Instead, the peace officer shall issue a citation for a16408
violation of division (B)(1) of section 4507.024510.16 of the16409
Revised Code specifying the circumstances as failure to respond to16410
a financial responsibility random verification.16411

       (2) A peace officer shall request the owner or operator of a16412
motor vehicle to produce proof of financial responsibility in a16413
manner described in division (G) of this section at the time the16414
peace officer acts to enforce the traffic laws of this state and16415
during motor vehicle inspections conducted pursuant to section16416
4513.02 of the Revised Code.16417

       (3) A peace officer shall indicate on every traffic ticket16418
whether the person receiving the traffic ticket produced proof of16419
the maintenance of financial responsibility in response to the16420
officer's request under division (D)(2) of this section. The16421
peace officer shall inform every person who receives a traffic16422
ticket and who has failed to produce proof of the maintenance of16423
financial responsibility that the person must submit proof to the16424
traffic violations bureau with any payment of a fine and costs for16425
the ticketed violation or, if the person is to appear in court for16426
the violation, the person must submit proof to the court.16427

       (4)(a) If a person who has failed to produce proof of the16428
maintenance of financial responsibility appears in court for a16429
ticketed violation, the court may permit the defendant to present16430
evidence of proof of financial responsibility to the court at such16431
time and in such manner as the court determines to be necessary or16432
appropriate. The clerk of courts shall provide the registrar with16433
the identity of any person who fails to submit proof of the16434
maintenance of financial responsibility pursuant to division16435
(D)(3) of this section.16436

       (b) If a person who has failed to produce proof of the16437
maintenance of financial responsibility also fails to submit that16438
proof to the traffic violations bureau with payment of a fine and16439
costs for the ticketed violation, the traffic violations bureau16440
shall notify the registrar of the identity of that person.16441

       (5)(a) Upon receiving notice from a clerk of courts or16442
traffic violations bureau pursuant to division (D)(4) of this16443
section, the registrar shall order the suspension of the license16444
of the person required under division (A)(2)(a), (b),or(c) of16445
this section and the impoundment of the person's certificate of16446
registration and license plates required under division16447
(A)(2)(b)(d) of this section, effective thirty days after the date16448
of the mailing of notification. The registrar also shall notify16449
the person that the person must present the registrar with proof16450
of financial responsibility in accordance with this section,16451
surrender to the registrar the person's certificate of16452
registration, license plates, and license, or submit a statement16453
subject to section 2921.13 of the Revised Code that the person did16454
not operate or permit the operation of the motor vehicle at the16455
time of the offense. Notification shall be in writing and shall16456
be sent to the person at the person's last known address as shown16457
on the records of the bureau of motor vehicles. The person,16458
within fifteen days after the date of the mailing of notification,16459
shall present proof of financial responsibility, surrender the16460
certificate of registration, license plates, and license to the16461
registrar in a manner set forth in division (A)(4) of this16462
section, or submit the statement required under this section16463
together with other information the person considers appropriate.16464

       If the registrar does not receive proof or the person does16465
not surrender the certificate of registration, license plates, and16466
license, in accordance with this division, the registrar shall16467
permit the order for the suspension of the license of the person16468
and the impoundment of the person's certificate of registration16469
and license plates to take effect.16470

       (b) In the case of a person who presents, within the16471
fifteen-day period, documents to show proof of financial16472
responsibility, the registrar shall terminate the order of16473
suspension and the impoundment of the registration and license16474
plates required under division (A)(2)(b)(d) of this section and16475
shall send written notification to the person, at the person's16476
last known address as shown on the records of the bureau.16477

       (c) Any person adversely affected by the order of the16478
registrar under division (D)(5)(a) or (b) of this section, within16479
ten days after the issuance of the order, may request an16480
administrative hearing before the registrar, who shall provide the16481
person with an opportunity for a hearing in accordance with this16482
paragraph. A request for a hearing does not operate as a16483
suspension of the order. The scope of the hearing shall be16484
limited to whether the person in fact demonstrated to the16485
registrar proof of financial responsibility in accordance with16486
this section. The registrar shall determine the date, time, and16487
place of any hearing; provided, that the hearing shall be held,16488
and an order issued or findings made, within thirty days after the16489
registrar receives a request for a hearing. If requested by the16490
person in writing, the registrar may designate as the place of16491
hearing the county seat of the county in which the person resides16492
or a place within fifty miles of the person's residence. Such16493
person shall pay the cost of the hearing before the registrar, if16494
the registrar's order of suspension or impoundment under division16495
(D)(5)(a) or (b) of this section is upheld.16496

       (6) A peace officer may charge an owner or operator of a16497
motor vehicle with a violation of division (B)(1) of section16498
4507.024510.16 of the Revised Code when the owner or operator16499
fails to show proof of the maintenance of financial responsibility16500
pursuant to a peace officer's request under division (D)(2) of16501
this section, if a check of the owner or operator's driving record16502
indicates that the owner or operator, at the time of the operation16503
of the motor vehicle, is required to file and maintain proof of16504
financial responsibility under section 4509.45 of the Revised Code16505
for a previous violation of this chapter.16506

       (7) Any forms used by law enforcement agencies in16507
administering this section shall be prescribed, supplied, and paid16508
for by the registrar.16509

       (8) No peace officer, law enforcement agency employing a16510
peace officer, or political subdivision or governmental agency16511
that employs a peace officer shall be liable in a civil action for16512
damages or loss to persons arising out of the performance of any16513
duty required or authorized by this section.16514

       (9) As used in this division and divisions (E) and (G) of16515
this section, "peace officer" has the meaning set forth in section16516
2935.01 of the Revised Code.16517

       (E) All fees, except court costs, collected under this16518
section shall be paid into the state treasury to the credit of the16519
financial responsibility compliance fund. The financial16520
responsibility compliance fund shall be used exclusively to cover16521
costs incurred by the bureau in the administration of this section16522
and sections 4503.20, 4507.212, and 4509.81 of the Revised Code,16523
and by any law enforcement agency employing any peace officer who16524
returns any license, certificate of registration, and license16525
plates to the registrar pursuant to division (C) of this section,16526
except that the director of budget and management may transfer16527
excess money from the financial responsibility compliance fund to16528
the state bureau of motor vehicles fund if the registrar16529
determines that the amount of money in the financial16530
responsibility compliance fund exceeds the amount required to16531
cover such costs incurred by the bureau or a law enforcement16532
agency and requests the director to make the transfer.16533

       All investment earnings of the financial responsibility16534
compliance fund shall be credited to the fund.16535

       (F) Chapter 119. of the Revised Code applies to this section16536
only to the extent that any provision in that chapter is not16537
clearly inconsistent with this section.16538

       (G)(1) The registrar, court, traffic violations bureau, or16539
peace officer may require proof of financial responsibility to be16540
demonstrated by use of a standard form prescribed by the16541
registrar. If the use of a standard form is not required, a16542
person may demonstrate proof of financial responsibility under16543
this section by presenting to the traffic violations bureau,16544
court, registrar, or peace officer any of the following documents16545
or a copy of the documents:16546

       (a) A financial responsibility identification card as16547
provided in section 4509.104 of the Revised Code;16548

       (b) A certificate of proof of financial responsibility on a16549
form provided and approved by the registrar for the filing of an16550
accident report required to be filed under section 4509.06 of the16551
Revised Code;16552

       (c) A policy of liability insurance, a declaration page of a16553
policy of liability insurance, or liability bond, if the policy or16554
bond complies with section 4509.20 or sections 4509.49 to 4509.6116555
of the Revised Code;16556

       (d) A bond or certification of the issuance of a bond as16557
provided in section 4509.59 of the Revised Code;16558

       (e) A certificate of deposit of money or securities as16559
provided in section 4509.62 of the Revised Code;16560

       (f) A certificate of self-insurance as provided in section16561
4509.72 of the Revised Code.16562

       (2) If a person fails to demonstrate proof of financial16563
responsibility in a manner described in division (G)(1) of this16564
section, the person may demonstrate proof of financial16565
responsibility under this section by any other method that the16566
court or the bureau, by reason of circumstances in a particular16567
case, may consider appropriate.16568

       (3) A motor carrier certificated by the interstate commerce16569
commission or by the public utilities commission may demonstrate16570
proof of financial responsibility by providing a statement16571
designating the motor carrier's operating authority and averring16572
that the insurance coverage required by the certificating16573
authority is in full force and effect.16574

       (4)(a) A finding by the registrar or court that a person is16575
covered by proof of financial responsibility in the form of an16576
insurance policy or surety bond is not binding upon the named16577
insurer or surety or any of its officers, employees, agents, or16578
representatives and has no legal effect except for the purpose of16579
administering this section.16580

       (b) The preparation and delivery of a financial16581
responsibility identification card or any other document16582
authorized to be used as proof of financial responsibility under16583
this division does not do any of the following:16584

       (i) Create any liability or estoppel against an insurer or16585
surety, or any of its officers, employees, agents, or16586
representatives;16587

       (ii) Constitute an admission of the existence of, or of any16588
liability or coverage under, any policy or bond;16589

       (iii) Waive any defenses or counterclaims available to an16590
insurer, surety, agent, employee, or representative in an action16591
commenced by an insured or third-party claimant upon a cause of16592
action alleged to have arisen under an insurance policy or surety16593
bond or by reason of the preparation and delivery of a document16594
for use as proof of financial responsibility.16595

       (c) Whenever it is determined by a final judgment in a16596
judicial proceeding that an insurer or surety, which has been16597
named on a document accepted by a court or the registrar as proof16598
of financial responsibility covering the operation of a motor16599
vehicle at the time of an accident or offense, is not liable to16600
pay a judgment for injuries or damages resulting from such16601
operation, the registrar, notwithstanding any previous contrary16602
finding, shall forthwith suspend the operating privileges and16603
registration rights of the person against whom the judgment was16604
rendered as provided in division (A)(2) of this section.16605

       (H) In order for any document described in division16606
(G)(1)(b) of this section to be used for the demonstration of16607
proof of financial responsibility under this section, the document16608
shall state the name of the insured or obligor, the name of the16609
insurer or surety company, and the effective and expiration dates16610
of the financial responsibility, and designate by explicit16611
description or by appropriate reference all motor vehicles covered16612
which may include a reference to fleet insurance coverage.16613

       (I) For purposes of this section, "owner" does not include a16614
licensed motor vehicle leasing dealer as defined in section16615
4517.01 of the Revised Code, but does include a motor vehicle16616
renting dealer as defined in section 4549.65 of the Revised Code. 16617
Nothing in this section or in section 4509.51 of the Revised Code16618
shall be construed to prohibit a motor vehicle renting dealer from16619
entering into a contractual agreement with a person whereby the16620
person renting the motor vehicle agrees to be solely responsible16621
for maintaining proof of financial responsibility, in accordance16622
with this section, with respect to the operation, maintenance, or16623
use of the motor vehicle during the period of the motor vehicle's16624
rental.16625

       (J) The purpose of this section is to require the16626
maintenance of proof of financial responsibility with respect to16627
the operation of motor vehicles on the highways of this state, so16628
as to minimize those situations in which persons are not16629
compensated for injuries and damages sustained in motor vehicle16630
accidents. The general assembly finds that this section contains16631
reasonable civil penalties and procedures for achieving this16632
purpose.16633

       (K) Nothing in this section shall be construed to be subject16634
to section 4509.78 of the Revised Code.16635

       (L) The registrar shall adopt rules in accordance with16636
Chapter 119. of the Revised Code that are necessary to administer16637
and enforce this section. The rules shall include procedures for16638
the surrender of license plates upon failure to maintain proof of16639
financial responsibility and provisions relating to reinstatement16640
of registration rights, acceptable forms of proof of financial16641
responsibility, and verification of the existence of financial16642
responsibility during the period of registration.16643

       Sec. 4509.17.  Except as provided in sections 4509.01 to16644
4509.78 of the Revised Code, upon failure of any person to request16645
a hearing as provided for in section 4509.13 of the Revised Code,16646
or to deposit the security required under section 4509.12 of the16647
Revised Code within thirty days after the registrar of motor16648
vehicles has sent the notice provided for in section 4509.13 of16649
the Revised Code, the registrar shall suspend the license of such16650
impose a class F suspension of the person's driver's license,16651
commercial driver's license, temporary instruction permit,16652
probationary license, or nonresident operating privilege for the16653
period of time specified in division (B)(6) of section 4510.02 of16654
the Revised Code on the person and the registrations of all motor16655
vehicles owned by suchthe person. If the person is a16656
nonresident, the suspension shall include the privilege of16657
operating any motor vehicle within this state or permitting the16658
operation within this state of any motor vehicle owned by the16659
nonresident.16660

       Sec. 4509.24.  (A) The persons involved in or affected by a16661
motor vehicle accident may at any time enter into a written16662
agreement for the payment of an agreed amount with respect to all16663
claims for bodily injury to or death of any person or property16664
damage arising from the accident which may provide for payment in16665
installments. A signed copy of the agreement may be filed with16666
the registrar of motor vehicles.16667

       (B) The registrar, upon filing of any such written16668
agreement, shall not require the deposit of security by any party16669
to the agreement for the benefit or protection of any party to the16670
agreement. The registrar shall modify appropriately any prior16671
order of suspension with reference to such persons, or if security16672
has been deposited, the registrar immediately shall return to the16673
depositor or the depositor's personal representative any deposit16674
for the benefit or protection of any party to the agreement.16675

       (C) If the registrar receives satisfactory evidence that any16676
person obliged to make payment under any such agreement has16677
defaulted in payment, the registrar shall issue an order ofimpose16678
a class F suspension with respect to thatof the offender's16679
driver's license, commercial driver's license, temporary16680
instruction permit, probationary license, or nonresident operating16681
privilege for the period of time specified in division (B)(6) of16682
section 4510.02 of the Revised Code on the person as provided in16683
section 4509.17 of the Revised Code. Such an order of suspension16684
remains in effect until any of the following occurs:16685

       (1) Security is deposited by the person to whom the16686
suspension applies in such amount as the registrar may then16687
determine;16688

       (2) The registrar receives satisfactory evidence that the16689
entire obligation has been paid or released;16690

       (3) A period of two years has elapsed following the breach16691
of agreement and satisfactory evidence is filed with the registrar16692
that no action has been instituted on the agreement during that16693
period.16694

       Sec. 4509.291.  (A) When a nonresident's operating privilege16695
is suspended pursuant to section 4509.101, 4509.17, or 4509.24 of16696
the Revised Code for a violation of any provision of sections16697
4509.01 to 4509.78, inclusive, of the Revised Code, the registrar16698
of motor vehicles shall transmit a certified copy of the record of16699
such action to the official in charge of the issuance of licenses16700
and registration certificates in the state in which such16701
nonresident resides, if the law of such other state provides for16702
action in relation thereto similar to the provision set forth in16703
division (B) of this section.16704

       (B) Upon receipt of a certification that the operating16705
privilege of a resident of this state has been suspended or16706
revoked in any other state pursuant to a law providing for its16707
suspension or revocation for failure to deposit security for the16708
payment of judgments arising out of a motor vehicle accident or16709
failure to give proof of financial responsibility, under16710
circumstances which would require the registrar to suspend a16711
nonresident's operating privilege had the accident occurred in16712
this state, the registrar shall suspend the licenseimpose a class16713
F suspension of the person's driver's license, commercial driver's16714
license, temporary instruction permit, probationary license, or16715
nonresident operating privilege for the period of time specified16716
in division (B)(6) of section 4510.02 of the Revised Code on the16717
person and all registrations of such resident. Such suspension16718
shall continue until such resident furnishes evidence of histhe16719
person's compliance with the law of such other state relating to16720
the deposit of such security or to the giving of proof of16721
financial responsibility.16722

       Sec. 4509.33.  If a nonresident by final order or judgment of16723
a court of record or mayor's court is convicted of, or forfeits16724
bail or collateral deposited to secure an appearance for trial16725
for, any offense enumerated in section 4507.16 of the Revised Code16726
for which the suspension of a license is provided, the registrar16727
of motor vehicles shall suspend or revokeimpose a suspension of16728
the privilege of the nonresident to operate a motor vehicle for16729
the same period for which suspension or revocation of a license by16730
a court of record is authorized by the applicable section 4507.1616731
of the Revised Code. The suspension or revocation shall remain in16732
effect until the expiration of the period so ordered and16733
thereafter until the nonresident gives and thereafter maintains16734
proof of financial responsibility in accordance with section16735
4509.45 of the Revised Code.16736

       The registrar shall also suspend the privilege of the use in16737
this state of every motor vehicle owned by the nonresident, except16738
that the registrar shall not suspend the privilege if the owner16739
has given or immediately gives and thereafter maintains proof of16740
financial responsibility with respect to all motor vehicles owned16741
by the nonresident. The registrar shall restore such privilege of16742
a nonresident owner when the owner gives and thereafter maintains16743
proof of financial responsibility in accordance with section16744
4509.45 of the Revised Code.16745

       Sec. 4509.34.  (A) The suspension or revocation of a license16746
referred to in sectionssection 4509.291 and 4509.31 of the16747
Revised Code shall remain in effect and the registrar of motor16748
vehicles shall not issue to any person whose license is so16749
suspended or revoked any new or renewal license until permitted16750
under the motor vehicle laws, and not then until such person gives16751
and thereafter maintains proof of financial responsibility in16752
accordance with section 4509.45 of the Revised Code.16753

       (B) The suspension of registration referred to in such16754
sections shall remain in effect and the registrar shall not16755
register or reregister in the name of any person whose16756
registration is so suspended as owner of any motor vehicle, nor16757
return or re-issue license plates for such vehicle, until such16758
person gives and thereafter maintains proof of financial16759
responsibility in accordance with section 4509.45 of the Revised16760
Code.16761

       Sec. 4509.35.  Whenever any person fails within thirty days16762
to satisfy a judgment rendered within this state, upon the written16763
request of the judgment creditor or histhe judgment creditor's16764
attorney, the clerk of the court which rendered the judgment, or16765
the judge of the court or mayor of the mayor's court if the court16766
has no clerk, immediately shall forward a certified copy of the16767
judgment to the registrar of motor vehicles.16768

       Whenever any nonresident has been convicted of the offenses16769
enumerated in section 4507.16an offense for which the court is16770
required to impose a license suspension under any provision of the16771
Revised Code or has forfeited bail given to secure histhe16772
nonresident's appearance for trial upon a charge of any offense16773
enumerated in that sectionfor which the court is required to16774
impose a license suspension under any provision of the Revised16775
Code, the clerk of every court of record and the mayor of every16776
mayor's court immediately shall forward to the registrar a16777
certified copy or transcript of the conviction or order forfeiture16778
of bail.16779

       Sec. 4509.37.  (A) The registrar of motor vehicles upon16780
receipt of a certified copy of a judgment, shall forthwith suspend16781
impose a class F suspension for the period of time specified in16782
division (B)(6) of section 4510.02 of the Revised Code of the16783
license and registration and any nonresident's operating privilege16784
of any person against whom such judgment was rendered, except as16785
provided in sections 4509.01 to 4509.78 of the Revised Code.16786

       Such certified copy of a judgment shall include the last16787
known address, the social security number, if known, and the16788
operator's license number, of the judgment debtor.16789

       (B) The registrar shall also impose the civil penalties16790
specified in division (A)(2) of section 4509.101 of the Revised16791
Code unless either of the following applies:16792

       (1) The judgment debtor presents proof of financial16793
responsibility to the registrar proving that the judgment debtor16794
was covered, at the time of the motor vehicle accident out of16795
which the cause of action arose, by proof of financial16796
responsibility in compliance with section 4509.101 of the Revised16797
Code.16798

       (2) The judgment debtor proves to the registrar that the16799
judgment debtor's registration and license have been previously16800
suspended under section 4509.101 of the Revised Code by reason of16801
the judgment debtor's failure to prove that the judgment debtor16802
was covered, at the time of the motor vehicle accident out of16803
which the cause of action arose, by proof of financial16804
responsibility.16805

       Sec. 4509.40. Any license, registration, and nonresident's16806
operating privilege suspendedThe registrar of motor vehicles16807
shall impose a class F suspension of the person's driver's16808
license, commercial driver's license, temporary instruction16809
permit, probationary license, or nonresident operating privilege16810
for the period of time specified in division (B)(6) of section16811
4510.02 of the Revised Code for nonpayment of a judgment shall16812
remain so suspended for a period of seven years from the effective16813
date of suspension, and while such order is in force no license,16814
registration, or permit to operate a motor vehicle shall be issued16815
in the name of such person, including any such person not16816
previously licensed. The registrar shall vacate the order of16817
suspension upon proof that such judgment is stayed, or satisfied16818
in full or to the extent provided in section 4509.41 of the16819
Revised Code, subject to the exemptions stated in sections16820
4509.37, 4509.38, 4509.39, and 4509.42 of the Revised Code, and16821
upon such person's filing with the registrar of motor vehicles16822
evidence of financial responsibility in accordance with section16823
4509.45 of the Revised Code.16824

       Sec. 4509.42.  (A) A judgment debtor upon due notice to the16825
judgment creditor may apply to the court in which the judgment was16826
rendered for the privilege of paying the judgment in installments16827
and the court, in its discretion and without prejudice to any16828
other legal remedies which the judgment creditor has, may order16829
and fix the amounts and times of payment of the installments.16830

       (B) The registrar of motor vehicles shall not suspend for16831
nonpayment of a judgment, a license, registration, or16832
nonresident's operating privilege, and shall restore the license,16833
registration, or nonresident's operating privilege suspended for16834
nonpayment, when the judgment debtor gives proof of financial16835
responsibility and maintains it in accordance with section 4509.4516836
of the Revised Code, and obtains an order permitting the payment16837
of the judgment in installments, and while the payment of any16838
installment is not in default.16839

       (C) If the judgment debtor fails to pay any installment as16840
specified by such order, then upon notice of default the registrar16841
shall forthwith suspendimpose a class F suspension of the16842
license, registration, or nonresident's operating privilege of the16843
judgment debtor until such judgment is satisfied as specified in16844
division (B)(6) of section 4510.02 of the Revised Code.16845

       Sec. 4509.45. (A) Proof of financial responsibility when16846
required under section 4507.022, 4509.101, 4509.32, 4509.33,16847
4509.34, 4509.38, 4509.40, 4509.42, or 4509.44,or4510.038 of the16848
Revised Code may be given by filing any of the following:16849

       (A)(1) A financial responsibility identification card as16850
provided in section 4509.104 of the Revised Code;16851

       (B)(2) A certificate of insurance as provided in section16852
4509.46 or 4509.47 of the Revised Code;16853

       (C)(3) A bond as provided in section 4509.59 of the Revised16854
Code;16855

       (D)(4) A certificate of deposit of money or securities as16856
provided in section 4509.62 of the Revised Code;16857

       (E)(5) A certificate of self-insurance, as provided in16858
section 4509.72 of the Revised Code, supplemented by an agreement16859
by the self-insurer that, with respect to accidents occurring16860
while the certificate is in force, hethe self-insurer will pay16861
the same amounts that an insurer would have been obligated to pay16862
under an owner's motor vehicle liability policy if it had issued16863
such a policy to the self-insurer.16864

       Such proof(B)Proof under division (A) of this section shall16865
be filed and maintained for five years from the date of the16866
registrar's imposition of a class A, B, or C suspension of16867
operating privileges by the registrar of motor vehiclesand shall16868
be filed and maintained for three years from the date of the16869
registrar's imposition of a class D, E, or F suspension of16870
operating privileges.16871

       Sec. 4509.74. (A) No person shall fail to report a motor16872
vehicle accident as required under the laws of this state.16873

       (B)Whoever violates this section is guilty of a minor16874
misdemeanor.16875

       Sec. 4509.77. (A) No person shall willfully fail to return16876
a license or registration as required in section 4509.69 of the16877
Revised Code.16878

       (B)Whoever violates this section shall be fined not more16879
than five hundred dollars, imprisoned for not more than thirty16880
days, or both.16881

       Sec. 4509.78. (A) No person shall violate section 4509.0116882
to 4509.78, inclusive, of the Revised Code for which no penalty is16883
otherwise provided.16884

       (B)Whoever violates this section shall be fined not more16885
than five hundred dollars, imprisoned not more than ninety days,16886
or both.16887

       Sec. 4509.79.  (A) As used in this section, "ridesharing16888
arrangement" means the transportation of persons in a motor16889
vehicle where such transportation is incidental to another purpose16890
of a volunteer driver and includes ridesharing arrangements known16891
as carpools, vanpools, and buspools.16892

       (B) Every owner registering as a passenger car a motor16893
vehicle designed and used for carrying more than nine but not more16894
than fifteen passengers or registering a bus under division (H)(8)16895
of section 4503.04 of the Revised Code shall have in effect,16896
whenever the motor vehicle is used in a ridesharing arrangement, a16897
policy of liability insurance with respect to the motor vehicle in16898
amounts and coverage no less than:16899

       (1) One hundred thousand dollars because of bodily injury to16900
or death of one person in any one accident;16901

       (2) Three hundred thousand dollars because of bodily injury16902
to or death of two or more persons in any one accident;16903

       (3) Fifty thousand dollars because of injury to property of16904
others in any one accident.16905

       (C)Whoever violates this section shall be fined not more16906
than five thousand dollars.16907

       Sec. 4509.80.  (A) Every owner registering a chauffeured16908
limousine shall furnish and maintain proof of financial16909
responsibility with respect to the limousine by filing with the16910
registrar of motor vehicles any of the following:16911

       (1) A certificate of insurance as provided in section16912
4509.46 or 4509.47 of the Revised Code;16913

       (2) A policy of liability insurance, a declaration page of a16914
policy of liability insurance, or liability bond, if the policy or16915
bond provides coverage in accordance with division (B) of this16916
section and otherwise complies with sections 4509.49 to 4509.61 of16917
the Revised Code, and if the policy or bond provides that such16918
policy or bond shall not be canceled or terminated prior to not16919
less than ten days after a written notice of cancellation or16920
termination is filed with the registrar;16921

       (3) A bond or certification of the issuance of a bond if the16922
bond provides coverage in the amount of three hundred thousand16923
dollars and otherwise complies with section 4509.59 of the Revised16924
Code;16925

       (4) A certificate of deposit of money or securities if the16926
certificate of deposit provides coverage in the amount of three16927
hundred thousand dollars and otherwise complies with section16928
4509.62 of the Revised Code;16929

       (5) A certificate of self-insurance as provided in section16930
4509.72 of the Revised Code.16931

       (B) As used in this section and section 4509.81 of the16932
Revised Code, "proof of financial responsibility" means proof of16933
ability to respond in damages for liability, on account of16934
accidents occurring subsequent to the effective date of such16935
proof, arising out of the ownership, maintenance, or use of a16936
chauffeured limousine in the amount of one hundred thousand16937
dollars because of bodily injury to or death of one person in any16938
one accident, three hundred thousand dollars because of bodily16939
injury to or death of two or more persons in any one accident, and16940
fifty thousand dollars because of injury to property of others in16941
any one accident.16942

       (C) Upon the request of a law enforcement officer, the16943
operator of any chauffeured limousine shall produce proof of16944
compliance with this section. The law enforcement officer16945
requesting such proof shall notify the registrar of any violation16946
of this section. The notice to the registrar shall be on a form16947
prescribed by the registrar and supplied by the registrar at the16948
registrar's expense, and shall include the license plate number of16949
the chauffeured limousine and any other information the registrar16950
requires.16951

       (D) The owner, or histhe owner's designee, shall provide16952
written notice to the registrar of cancellation or termination of16953
the coverage required by this section not less than ten days prior16954
to the effective date of cancellation, and, on or before the16955
effective date of cancellation, shall voluntarily surrender the16956
livery license plate sticker for the vehicle or vehicles for which16957
the cancellation is effective. If the livery license plate16958
sticker is timely and voluntarily surrendered, the registrar16959
shall, upon the filing of proof of financial responsibility as16960
required by this section, reinstate the livery registration of the16961
vehicle and issue a current livery license plate sticker for the16962
vehicle.16963

       (E)Whoever violates this section is guilty of a misdemeanor16964
of the first degree.16965

       Sec. 4509.81.  (A) Upon receipt of a notification of16966
violation as provided in division (C) of section 4509.80 of the16967
Revised Code; upon failure of a timely surrender of the livery16968
license plate sticker as required by division (D) of section16969
4509.80 of the Revised Code; or if the registrar of motor16970
vehicles, upon receipt of notification from an insurer of the16971
imminent cancellation or termination of coverage required by16972
section 4509.80 of the Revised Code, fails to receive evidence of16973
a continuation or substitution of coverage prior to the16974
cancellation or termination date, the registrar shall order the16975
immediate suspension of the rights of the owner of the chauffeured16976
limousine described in the notice to register the limousine and16977
the impoundment of the certificate of registration and16978
registration plates for the limousine. The registrar shall notify16979
the owner that the owner must surrender the certificate of16980
registration and registration plates to the registrar. The16981
notification shall be in writing and sent to the owner at the16982
owner's last known address as shown in the records of the bureau16983
of motor vehicles. Proceedings under this section are deemed16984
special, summary statutory proceedings.16985

       (B) The order of suspension and impoundment of a16986
registration shall state the date on or before which the owner of16987
the chauffeured limousine involved is required to surrender the16988
certificate of registration and registration plates to the16989
registrar. The owner shall be deemed to have surrendered the16990
certificate of registration and registration plates if the owner16991
causes the items to be delivered to the registrar on or before the16992
date specified in the order or mails the items to the registrar in16993
an envelope or container bearing a postmark showing a date no16994
later than the date specified in the order.16995

       (C) The registrar shall not restore any registration rights16996
suspended under this section, return any certificate of16997
registration or registration plates impounded under this section,16998
or reissue registration plates under section 4503.232 of the16999
Revised Code, if the registrar destroyed the impounded17000
registration plates under that section, unless those rights are17001
not subject to suspension or revocation under any other law and17002
unless the owner complies with both of the following:17003

       (1) Pays a financial responsibility reinstatement fee of17004
thirty dollars. The reinstatement fee may be increased, upon17005
approval of the controlling board, up to an amount not exceeding17006
fifty dollars.17007

       (2) Files and maintains proof of financial responsibility17008
under section 4509.80 of the Revised Code.17009

       (D) Any owner adversely affected by the order of the17010
registrar under this section may, within ten days after the17011
issuance of the order, request an administrative hearing before17012
the registrar, who shall provide the owner with an opportunity for17013
a hearing in accordance with this division. A request for a17014
hearing does not operate as a suspension of the order unless the17015
owner establishes to the satisfaction of the registrar that the17016
operation of the owner's chauffeured limousine will be covered by17017
proof of financial responsibility during the pendency of the17018
appeal. The scope of the hearing shall be limited to whether the17019
owner in fact demonstrated to the registrar proof of financial17020
responsibility in accordance with section 4509.80 of the Revised17021
Code. The registrar shall determine the date, time, and place of17022
any hearing, provided that the hearing shall be held and an order17023
issued or findings made within thirty days after the registrar17024
receives a request for a hearing. If requested by the owner in17025
writing, the registrar may designate as the place of hearing the17026
county seat of the county in which the owner resides or a place17027
within fifty miles of the owner's residence. The owner shall pay17028
the cost of the hearing before the registrar, if the registrar's17029
order of suspension or impoundment is upheld.17030

       (E) Any order of suspension or impoundment issued under this17031
section may be terminated at any time if the registrar determines17032
upon a showing of proof of financial responsibility that the owner17033
of the limousine was in compliance with section 4509.80 of the17034
Revised Code at the time of the incident that resulted in the17035
order against the owner. Such a determination may be made without17036
a hearing.17037

       (F) All fees collected under this section shall be paid into17038
the state treasury to the credit of the financial responsibility17039
compliance fund created by section 4509.101 of the Revised Code.17040

       (G) Chapter 119. of the Revised Code applies to this section17041
only to the extent that any provision in that chapter is not17042
clearly inconsistent with this section.17043

       (H)(1) Proof of financial responsibility may be demonstrated17044
by any of the methods authorized in section 4509.80 of the Revised17045
Code.17046

       (2) Divisions (G)(4)(a) and (b) of section 4509.101 of the17047
Revised Code apply to any finding by the registrar under this17048
section that an owner is covered by proof of financial17049
responsibility.17050

       Sec. 4510.01.  As used in this title and in Title XXIX of17051
the Revised Code:17052

       (A) "Cancel" or "cancellation" means the annulment or17053
termination by the bureau of motor vehicles of a driver's license,17054
commercial driver's license, temporary instruction permit,17055
probationary license, or nonresident operating privilege because17056
it was obtained unlawfully, issued in error, altered, or willfully17057
destroyed, or because the holder no longer is entitled to the17058
license, permit, or privilege.17059

       (B) "Drug abuse offense" has the same meaning as in section17060
2925.01 of the Revised Code.17061

       (C) "Ignition interlock device" means a device approved by17062
the director of public safety that connects a breath analyzer to a17063
motor vehicle's ignition system, that is constantly available to17064
monitor the concentration by weight of alcohol in the breath of17065
any person attempting to start that motor vehicle by using its17066
ignition system, and that deters starting the motor vehicle by use17067
of its ignition system unless the person attempting to start the17068
vehicle provides an appropriate breath sample for the device and17069
the device determines that the concentration by weight of alcohol17070
in the person's breath is below a preset level.17071

       (D) "Immobilizing or disabling device" means a device17072
approved by the director of public safety that may be ordered by a17073
court to be used by an offender as a condition of limited driving17074
privileges. "Immobilizing or disabling device" includes an17075
ignition interlock device, and any prototype device that is used17076
according to protocols designed to ensure efficient and effective17077
monitoring of limited driving privileges granted by a court to an17078
offender.17079

       (E) "Moving violation" means any violation of any statute or17080
ordinance that regulates the operation of vehicles, streetcars, or17081
trackless trolleys on the highways or streets. "Moving violation"17082
does not include a violation of section 4513.263 of the Revised17083
Code or a substantially equivalent municipal ordinance, a17084
violation of any statute or ordinance regulating pedestrians or17085
the parking of vehicles, vehicle size or load limitations, vehicle17086
fitness requirements, or vehicle registration.17087

       (F) "Municipal OVI ordinance" and "municipal OVI offense"17088
have the same meanings as in section 4511.181 of the Revised Code.17089

       (G) "Prototype device" means any testing device to monitor17090
limited driving privileges that has not yet been approved or17091
disapproved by the director of public safety.17092

       (H) "Suspend" or "suspension" means the permanent or17093
temporary withdrawal, by action of a court or the bureau of motor17094
vehicles, of a driver's license, commercial driver's license,17095
temporary instruction permit, probationary license, or nonresident17096
operating privilege for the period of the suspension or the17097
permanent or temporary withdrawal of the privilege to obtain a17098
license, permit, or privilege of that type for the period of the17099
suspension.17100

       Sec. 4510.02.  (A) When a court elects or is required to17101
suspend the driver's license, commercial driver's license,17102
temporary instruction permit, probationary license, or nonresident17103
operating privilege of any offender, for each of the following17104
suspension classes, the court shall impose a definite period of17105
suspension from the range specified for the suspension class:17106

       (1) For a class one suspension, a definite period for the17107
life of the person subject to the suspension;17108

       (2) For a class two suspension, a definite period of three17109
years to life;17110

       (3) For a class three suspension, a definite period of two17111
to ten years;17112

       (4) For a class four suspension, a definite period of one to17113
five years;17114

       (5) For a class five suspension, a definite period of six17115
months to three years;17116

       (6) For a class six suspension, a definite period of three17117
months to two years;17118

       (7) For a class seven suspension, a definite period not to17119
exceed one year.17120

       (B) When the bureau of motor vehicles elects or is required17121
to suspend the driver's license, commercial driver's license,17122
temporary instruction permit, probationary license, or nonresident17123
operating privilege of any person, for each of the following17124
suspension classes, the period of suspension shall be as follows:17125

       (1) For a class A suspension, three years;17126

       (2) For a class B suspension, two years;17127

       (3) For a class C suspension, one year;17128

       (4) For a class D suspension, six months;17129

       (5) For a class E suspension, three months;17130

       (6) For a class F suspension, until conditions are met.17131

       (C) The court may require a person to successfully complete17132
a remedial driving course as a condition for the return of full17133
driving privileges after a suspension period imposed from any17134
range in division (A) of this section or otherwise imposed by the17135
court pursuant to any other provision of law ends.17136

       (D) When a court or the bureau suspends the driver's17137
license, commercial driver's license, temporary instruction17138
permit, probationary license, or nonresident operating privilege17139
of any offender or person pursuant to any provision of law that17140
does not provide for the suspension to be from a class set forth17141
in division (A) or (B) of this section, except as otherwise17142
provided in the provision that authorizes or requires the17143
suspension, the suspension shall be subject to and governed by17144
this chapter.17145

       Sec. 4510.021.  (A) Unless expressly prohibited by section17146
2919.22, section 4510.13, or any other section of the Revised17147
Code, a court may grant limited driving privileges during any17148
suspension imposed by the court. The privileges shall be for17149
limited purposes, including but not limited to occupational,17150
educational, vocational, or medical purposes, taking the driver's17151
or commercial driver's license examination, attending17152
court-ordered treatment, and other reasonable purposes specified17153
by the court under this section. In granting the privileges, the17154
court shall specify the purposes, times, and places of the17155
privileges and may impose any other reasonable conditions on the17156
person's driving of a motor vehicle.17157

       (B) Unless expressly authorized by a section of the Revised17158
Code, a court may not grant limited driving privileges during any17159
suspension imposed by the bureau of motor vehicles. To obtain17160
limited driving privileges during a suspension imposed by the17161
bureau, a petition may be filed in a court of record in the county17162
in which the person under suspension resides. A person who is not17163
a resident of this state shall file any petition for privileges in17164
the Franklin county municipal court, or, if the person is a minor,17165
in the Franklin county juvenile court.17166

       (C) When the use of an immobilizing or disabling device is17167
not otherwise required by law, the court, as a condition of17168
granting limited driving privileges, may require that the person's17169
vehicle be equipped with an immobilizing or disabling device,17170
except as provided in division (C) of section 4510.43 of the17171
Revised Code. When the use of restricted license plates issued17172
under section 4503.231 of the Revised Code is not otherwise17173
required by law, the court, as a condition of granting limited17174
driving privileges, may require that the person's vehicle be17175
equipped with restricted licenseplates of that nature, except as17176
provided in division (B) of that section.17177

       (D) When the court grants limited driving privileges under17178
section 4510.31 of the Revised Code or any other provision of law17179
during the suspension of the temporary instruction permit or17180
probationary driver's license of a person who is under eighteen17181
years of age, the court may include as a purpose of the privilege17182
the person's practicing of driving with the person's parent,17183
guardian, or other custodian during the period of the suspension.17184
If the court grants limited driving privileges for this purpose,17185
the court, in addition to all other conditions it imposes, shall17186
impose as a condition that the person exercise the privilege only17187
when a parent, guardian, or custodian of the person who holds a17188
current valid driver's or commercial driver's license issued by17189
this state actually occupies the seat beside the person in the17190
vehicle the person is operating.17191

       (E) Before granting limited driving privileges under this17192
section, the court shall require the offender to provide proof of17193
financial responsibility pursuant to section 4509.45 of the17194
Revised Code.17195

       Sec. 4510.03.  (A) Every county court judge, mayor of a17196
mayor's court, and clerk of a court of record shall keep a full17197
record of every case in which a person is charged with any17198
violation of any provision of sections 4511.01 to 4511.771 or17199
4513.01 to 4513.36 of the Revised Code or of any other law or17200
ordinance regulating the operation of vehicles, streetcars, and17201
trackless trolleys on highways or streets.17202

       (B) If a person is convicted of or forfeits bail in relation17203
to a violation of any section listed in division (A) of this17204
section or a violation of any other law or ordinance regulating17205
the operation of vehicles, streetcars, and trackless trolleys on17206
highways or streets, the county court judge, mayor of a mayor's17207
court, or clerk, within ten days after the conviction or bail17208
forfeiture, shall prepare and immediately forward to the bureau of17209
motor vehicles an abstract, certified by the preparer to be true17210
and correct, of the court record covering the case in which the17211
person was convicted or forfeited bail. Every court of record17212
also shall forward to the bureau of motor vehicles an abstract of17213
the court record as described in division (C) of this section upon17214
the conviction of any person of aggravated vehicular homicide or17215
vehicular homicide or of a felony in the commission of which a17216
vehicle was used.17217

       (C) Each abstract required by this section shall be made17218
upon a form approved and furnished by the bureau and shall include17219
the name and address of the person charged, the number of the17220
person's driver's or commercial driver's license, probationary17221
driver's license, or temporary instruction permit, the17222
registration number of the vehicle involved, the nature of the17223
offense, the date of the offense, the date of hearing, the plea,17224
the judgment, or whether bail was forfeited, and the amount of the17225
fine or forfeiture.17226

       Sec. 4510.031.  (A) A United States district court that17227
has jurisdiction within this state may utilize the provisions of17228
section 4510.03 of the Revised Code in regard to any case in which17229
a person is charged with any violation of any provision of17230
sections 4511.01 to 4511.771 or 4513.01 to 4513.36 of the Revised17231
Code or of any other law or ordinance regulating the operation of17232
vehicles, streetcars, and trackless trolleys on highways or17233
streets located on federal property within this state. The court17234
also may forward to the bureau an abstract upon the conviction of17235
any person of aggravated vehicular homicide or vehicular homicide17236
or of a felony in the commission of which a vehicle was used.17237

       (B) If a United States district court acts under this17238
section, it shall follow the procedures established in section17239
4510.03 of the Revised Code.17240

       (C) The bureau of motor vehicles shall accept and process an17241
abstract received from a United States district court under this17242
section in the same manner as it accepts and processes an abstract17243
received from a county court judge, mayor of a mayor's court, or17244
clerk of a court of record.17245

       Sec. 4510.032.  (A) If a person is charged with a17246
violation of section 4511.19 of the Revised Code or a violation of17247
any municipal OVI ordinance; if that charge is dismissed or17248
reduced; if the person is convicted of or forfeits bail in17249
relation to a violation of any other section of the Revised Code17250
or of any ordinance that regulates the operation of vehicles,17251
streetcars, and trackless trolleys on highways and streets but17252
that does not relate to operating a vehicle while under the17253
influence of alcohol, a drug of abuse, or a combination of them or17254
to operating a vehicle with a prohibited concentration of alcohol17255
in the whole blood, blood serum or plasma, breath, or urine; and17256
if the violation of which the person was convicted or in relation17257
to which the person forfeited bail arose out of the same facts and17258
circumstances and the same act as did the charge that was17259
dismissed or reduced, the abstract prepared under section 4510.0317260
of the Revised Code also shall set forth the charge that was17261
dismissed or reduced, indicate that it was dismissed or reduced,17262
and indicate that the violation resulting in the conviction or17263
bail forfeiture arose out of the same facts and circumstances and17264
the same act as did the charge that was dismissed or reduced.17265

       (B) If a charge against a person of a violation of division17266
(A) of section 4510.11, division (A) of section 4510.14, or17267
division (A) of section 4510.16 of the Revised Code or any17268
municipal ordinance that is substantially equivalent to any of17269
those divisions is dismissed or reduced and if the person is17270
convicted of or forfeits bail in relation to a violation of any17271
other section of the Revised Code or any other ordinance that17272
regulates the operation of vehicles, streetcars, and trackless17273
trolleys on highways and streets that arose out of the same facts17274
and circumstances as did the charge that was dismissed or reduced,17275
the abstract also shall set forth the charge that was dismissed or17276
reduced, indicate that it was dismissed or reduced, and indicate17277
that the violation resulting in the conviction or bail forfeiture17278
arose out of the same facts and circumstances and the same act as17279
did the charge that was dismissed or reduced.17280

       (C)(1) If a child has been adjudicated an unruly or17281
delinquent child or a juvenile traffic offender for having17282
committed any act that if committed by an adult would be a drug17283
abuse offense or any violation of division (B) of section 2917.1117284
or of section 4511.19 of the Revised Code, the court shall notify17285
the bureau, by means of an abstract of the court record as17286
described in divisions (B) and (C) of section 4510.03 of the17287
Revised Code, within ten days after the adjudication.17288

       (2) If a court requires a child to attend a drug abuse or17289
alcohol abuse education, intervention, or treatment program, the17290
abstract required by division (C)(1) of this section and forwarded17291
to the bureau also shall include the name and address of the17292
operator of the program and the date that the child entered the17293
program. If the child satisfactorily completes the program, the17294
court, immediately upon receipt of the information, shall send to17295
the bureau an updated abstract that also shall contain the date on17296
which the child satisfactorily completed the program.17297

       Sec. 4510.034.  (A) Division (B) of this section applies17298
in relation to persons who are convicted of or plead guilty to any17299
of the following:17300

       (1) A violation of division (A) of section 4510.11,17301
division (A) of section 4510.14, or division (A) of section17302
4510.16 of the Revised Code;17303

       (2) A violation of a municipal ordinance substantially17304
equivalent to any division set forth in division (A)(1) of this17305
section;17306

       (3) A violation of division (A) of section 4511.19 of the17307
Revised Code or a violation of section 4511.203 of the Revised17308
Code;17309

       (4) A violation of a municipal OVI ordinance.17310

       (B) If a person is convicted of or pleads guilty to any17311
violation set forth in division (A) of this section and if17312
division (D) of section 4503.234 of the Revised Code prohibits the17313
registrar of motor vehicles and all deputy registrars from17314
accepting an application for the registration of, or registering,17315
any motor vehicle in the name of that person, the abstract17316
prepared pursuant to section 4510.03, 4510.031, or 4510.032 of the17317
Revised Code shall specifically set forth these facts and clearly17318
indicate the date on which the order of criminal forfeiture was17319
issued or would have been issued but for the operation of section17320
4503.234 of the Revised Code. If the registrar receives an17321
abstract containing this information relating to a person, the17322
registrar, in accordance with sections 4503.12 and 4503.234 of the17323
Revised Code, shall take all necessary measures to prevent the17324
registrar's office or any deputy registrar from accepting from the17325
person, for the period of time ending five years after the date on17326
which the order was issued or would have been issued and as17327
described in section 4503.234 of the Revised Code, any new17328
application for the registration of any motor vehicle in the name17329
of the person.17330

       Sec. 4510.035.  The purposeful failure or refusal of any17331
person to comply with any provision of section 4510.03, 4510.032,17332
4510.034, 4510.036, or 4510.037 of the Revised Code constitutes17333
misconduct in office and is a ground for removal of the person17334
from the office.17335

       Sec. 4510.036.  (A) The bureau of motor vehicles shall17336
record within ten days, after receipt, and shall keep at its main17337
office, all abstracts received under this section or section17338
4510.03, 4510.031, 4510.032, or 4510.034 of the Revised Code and17339
shall maintain records of convictions and bond forfeitures for any17340
violation of a state law or a municipal ordinance regulating the17341
operation of vehicles, streetcars, and trackless trolleys on17342
highways and streets, except a violation related to parking a17343
motor vehicle.17344

       (B) Every court of record or mayor's court before which a17345
person is charged with a violation for which points are chargeable17346
by this section shall assess and transcribe to the abstract of17347
conviction that is furnished by the bureau to the court the number17348
of points chargeable by this section in the correct space assigned17349
on the reporting form. A United States district court that has17350
jurisdiction within this state and before which a person is17351
charged with a violation for which points are chargeable by this17352
section may assess and transcribe to the abstract of conviction17353
report that is furnished by the bureau the number of points17354
chargeable by this section in the correct space assigned on the17355
reporting form. If the federal court so assesses and transcribes17356
the points chargeable for the offense and furnishes the report to17357
the bureau, the bureau shall record the points in the same manner17358
as those assessed and transcribed by a court of record or mayor's17359
court.17360

       (C) A court shall assess the following points for an17361
offense based on the following formula:17362

       (1) Aggravated vehicular homicide, vehicular homicide,17363
vehicular manslaughter, aggravated vehicular assault, or vehicular17364
assault when the offense involves the operation of a vehicle,17365
streetcar, or trackless trolley on a highway or street ..........17366
6 points17367

       (2) A violation of section 2921.331 of the Revised Code or17368
any ordinance prohibiting the willful fleeing or eluding of a law17369
enforcement officer .......... 6 points17370

       (3) A violation of section 4549.02 or 4549.021 of the17371
Revised Code or any ordinance requiring the driver of a vehicle to17372
stop and disclose identity at the scene of an accident ..........17373
6 points17374

       (4) A violation of section 4511.251 of the Revised Code or17375
any ordinance prohibiting street racing .......... 6 points17376

       (5) A violation of section 4510.11, 4510.14, 4510.16, or17377
4510.21 of the Revised Code or any ordinance prohibiting the17378
operation of a motor vehicle while the driver's or commercial17379
driver's license is under suspension .......... 6 points17380

       (6) A violation of division (A) of section 4511.19 of the17381
Revised Code, any ordinance prohibiting the operation of a vehicle17382
while under the influence of alcohol, a drug of abuse, or a17383
combination of them, or any ordinance substantially equivalent to17384
division (A) of section 4511.19 of the Revised Code prohibiting17385
the operation of a vehicle with a prohibited concentration of17386
alcohol in the whole blood, blood serum or plasma, breath, or17387
urine .......... 6 points17388

       (7) A violation of section 2913.03 of the Revised Code that17389
does not involve an aircraft or motorboat or any ordinance17390
prohibiting the operation of a vehicle without the consent of the17391
owner .......... 6 points17392

       (8) Any offense under the motor vehicle laws of this state17393
that is a felony, or any other felony in the commission of which a17394
motor vehicle was used .......... 6 points17395

       (9) A violation of division (B) of section 4511.19 of the17396
Revised Code or any ordinance substantially equivalent to that17397
division prohibiting the operation of a vehicle with a prohibited17398
concentration of alcohol in the whole blood, blood serum or17399
plasma, breath, or urine .......... 4 points17400

       (10) A violation of section 4511.20 of the Revised Code or17401
any ordinance prohibiting the operation of a motor vehicle in17402
willful or wanton disregard of the safety of persons or property17403
.......... 4 points17404

       (11) A violation of any law or ordinance pertaining to17405
speed:17406

       (a) Notwithstanding divisions (C)(11)(b) and (c) of this17407
section, when the speed exceeds the lawful speed limit by thirty17408
miles per hour or more .......... 4 points17409

       (b) When the speed exceeds the lawful speed limit of17410
fifty-five miles per hour or more by more than ten miles per hour17411
.......... 2 points17412

       (c) When the speed exceeds the lawful speed limit of less17413
than fifty-five miles per hour by more than five miles per hour17414
.......... 2 points17415

       (d) When the speed does not exceed the amounts set forth in17416
divisions (C)(11)(a), (b), or (c) of this section .......... 017417
points17418

       (12) Operating a motor vehicle in violation of a restriction17419
imposed by the registrar .......... 2 points17420

       (13) All other moving violations reported under this section17421
.......... 2 points17422

       (D) Upon receiving notification from the proper court,17423
including a United States district court that has jurisdiction17424
within this state, the bureau shall delete any points entered for17425
a bond forfeiture if the driver is acquitted of the offense for17426
which bond was posted.17427

       (E) If a person is convicted of or forfeits bail for two or17428
more offenses arising out of the same facts and points are17429
chargeable for each of the offenses, points shall be charged for17430
only the conviction or bond forfeiture for which the greater17431
number of points is chargeable, and, if the number of points17432
chargeable for each offense is equal, only one offense shall be17433
recorded, and points shall be charged only for that offense.17434

       Sec. 4510.037.  (A) When the registrar of motor vehicles17435
determines that the total points charged against any person under17436
section 4510.036 of the Revised Code exceed five, the registrar17437
shall send a warning letter to the person at the person's last17438
known address by regular mail. The warning letter shall list the17439
reported violations that are the basis of the points charged, list17440
the number of points charged for each violation, and outline the17441
suspension provisions of this section.17442

       (B) When the registrar determines that the total points17443
charged against any person under section 4510.036 of the Revised17444
Code within any two-year period beginning on the date of the first17445
conviction within the two-year period is equal to twelve or more,17446
the registrar shall send a written notice to the person at the17447
person's last known address by regular mail. The notice shall17448
list the reported violations that are the basis of the points17449
charged, list the number of points charged for each violation, and17450
state that, because the total number of points charged against the17451
person within the applicable two-year period is equal to twelve or17452
more, the registrar is imposing a class D suspension of the17453
person's driver's or commercial driver's license or permit or17454
nonresident operating privileges for the period of time specified17455
in division (B)(4) of section 4510.02 of the Revised Code. The17456
notice also shall state that the suspension is effective on the17457
twentieth day after the mailing of the notice, unless the person17458
files a petition appealing the determination and suspension in the17459
municipal court, county court, or, if the person is under the age17460
of eighteen, the juvenile division of the court of common pleas in17461
whose jurisdiction the person resides or, if the person is not a17462
resident of this state, in the Franklin county municipal court or17463
juvenile division of the Franklin county court of common pleas. 17464
By filing the appeal of the determination and suspension, the17465
person agrees to pay the cost of the proceedings in the appeal of17466
the determination and suspension and alleges that the person can17467
show cause why the person's driver's or commercial driver's17468
license or permit or nonresident operating privileges should not17469
be suspended.17470

       (C) Any person against whom more than five but less than17471
twelve points have been charged under section 4510.036 of the17472
Revised Code, for the purpose of obtaining a credit of two points17473
against the total points charged against the person under that17474
section, may enroll in a course of remedial driving instruction17475
that is approved by the director of public safety. The person may17476
enroll only one time in a course of remedial driving instruction17477
for that purpose. Upon the person's completion of an approved17478
course of remedial driving instruction, the registrar shall deduct17479
two points from the total number of points charged against the17480
person under section 4510.036 of the Revised Code. The registrar17481
shall not deduct any points for a person who completes an approved17482
course of remedial driving instruction pursuant to a judge's order17483
under section 4510.02 of the Revised Code.17484

       (D) When a judge of a court of record suspends a person's17485
driver's or commercial driver's license or permit or nonresident17486
operating privilege and charges points against the person under17487
section 4510.036 of the Revised Code for the offense that resulted17488
in the suspension, the registrar shall credit that period of17489
suspension against the time of any subsequent suspension imposed17490
under this section for which those points were used to impose the17491
subsequent suspension. When a United States district court that17492
has jurisdiction within this state suspends a person's driver's or17493
commercial driver's license or permit or nonresident operating17494
privileges pursuant to the "Assimilative Crimes Act," 102 Stat.17495
4381 (1988), 18 U.S.C.A. 13, as amended, the district court17496
prepares an abstract pursuant to section 4510.031 of the Revised17497
Code, and the district court charges points against the person17498
under section 4510.036 of the Revised Code for the offense that17499
resulted in the suspension, the registrar shall credit the period17500
of suspension imposed by the district court against the time of17501
any subsequent suspension imposed under this section for which the17502
points were used to impose the subsequent suspension.17503

       (E) The registrar, upon the written request of a licensee17504
who files a petition under division (B) of this section, shall17505
furnish the licensee a certified copy of the registrar's record of17506
the convictions and bond forfeitures of the person. This record17507
shall include the name, address, and date of birth of the17508
licensee; the name of the court in which each conviction or bail17509
forfeiture took place; the nature of the offense that was the17510
basis of the conviction or bond forfeiture; and any other17511
information that the registrar considers necessary. If the record17512
indicates that twelve points or more have been charged against the17513
person within a two-year period, it is prima-facie evidence that17514
the person is a repeat traffic offender, and the registrar shall17515
suspend the person's driver's or commercial driver's license or17516
permit or nonresident operating privilege pursuant to division (B)17517
of this section.17518

       In hearing the petition and determining whether the person17519
filing the petition has shown cause why the person's driver's or17520
commercial driver's license or permit or nonresident operating17521
privilege should not be suspended, the court shall decide the17522
issue on the record certified by the registrar and any additional17523
relevant, competent, and material evidence that either the17524
registrar or the person whose license is sought to be suspended17525
submits.17526

       (F) If a petition is filed under division (B) of this17527
section in a county court, the prosecuting attorney of the county17528
in which the case is pending shall represent the registrar in the17529
proceedings, except that, if the petitioner resides in a municipal17530
corporation within the jurisdiction of the county court, the city17531
director of law, village solicitor, or other chief legal officer17532
of the municipal corporation shall represent the registrar in the17533
proceedings. If a petition is filed under division (B) of this17534
section in a municipal court, the registrar shall be represented17535
in the resulting proceedings as provided in section 1901.34 of the17536
Revised Code.17537

       (G) If the court determines from the evidence submitted that17538
a person who filed a petition under division (B) of this section17539
has failed to show cause why the person's driver's or commercial17540
driver's license or permit or nonresident operating privileges17541
should not be suspended, the court shall assess against the person17542
the cost of the proceedings in the appeal of the determination17543
and suspension and shall impose the applicable suspension under17544
this section or suspend all or a portion of the suspension and17545
impose any conditions or probation upon the person that the court17546
considers proper. If the court determines from the evidence17547
submitted that a person who filed a petition under division (B) of17548
this section has shown cause why the person's driver's or17549
commercial driver's license or permit or nonresident operating17550
privileges should not be suspended, the costs of the appeal17551
proceeding shall be paid out of the county treasury of the county17552
in which the proceedings were held.17553

       (H) Any person whose driver's or commercial driver's license17554
or permit or nonresident operating privileges are suspended under17555
this section is not entitled to apply for or receive a new17556
driver's or commercial driver's license or permit or to request or17557
be granted nonresident operating privileges during the effective17558
period of the suspension.17559

       (I) Upon the termination of any suspension or other penalty17560
imposed under this section involving the surrender of license or17561
permit and upon the request of the person whose license or permit17562
was suspended or surrendered, the registrar shall return the17563
license or permit to the person upon determining that the person17564
has complied with all provisions of section 4510.038 of the17565
Revised Code or, if the registrar destroyed the license or permit17566
pursuant to section 4510.52 of the Revised Code, shall reissue the17567
person's license or permit.17568

       (J) Any person whose driver's or commercial driver's license17569
or permit or nonresident operating privileges are suspended as a17570
repeat traffic offender under this section and who, during the17571
suspension, operates any motor vehicle upon any public roads and17572
highways is guilty of a misdemeanor of the first degree, and the17573
court shall sentence the offender to a minimum term of three days17574
in jail. No court shall suspend the first three days of jail time17575
imposed pursuant to this division.17576

       (K) The registrar, in accordance with specific statutory17577
authority, may suspend the privilege of driving a motor vehicle on17578
the public roads and highways of this state that is granted to17579
nonresidents by section 4507.04 of the Revised Code.17580

       Sec. 4507.022.        Sec. 4510.038.  Any person whose driver's or17581
commercial driver's license or permit is suspended, or who is put17582
on probation or granted limited or occupational driving17583
privileges, under section 4507.021 or division (E) of section17584
4507.164510.037,under division (H) of section 4511.19, or under17585
section 4510.07 of the Revised Code for a violation of a municipal17586
ordinance that is substantially equivalent to division (B) of17587
section4511.19 of the Revised Code, is not eligible to retain the17588
person's license, or to have the person's driving privileges17589
reinstated, until each of the following has occurred:17590

       (A) The person successfully completes a course of remedial17591
driving instruction approved by the director of public safety,17592
provided the person commences taking the course after the person's17593
driver's or commercial driver's license or permit is suspended17594
under section 4507.021 or division (E) of section 4507.16 of the17595
Revised Code. A minimum of twenty-five per cent of the number of17596
hours of instruction included in the course shall be devoted to17597
instruction on driver attitude.17598

       The course also shall devote a number of hours to instruction17599
in the area of alcohol and drugs and the operation of motor17600
vehicles. The instruction shall include, but not be limited to, a17601
review of the laws governing the operation of a motor vehicle17602
while under the influence of alcohol, drugs, or botha combination17603
of them, the dangers of operating a motor vehicle while under the17604
influence of alcohol, drugs, or botha combination of them, and17605
other information relating to the operation of motor vehicles and17606
the consumption of alcoholic beverages and use of drugs. The17607
director, in consultation with the director of alcohol and drug17608
addiction services, shall prescribe the content of the17609
instruction. The number of hours devoted to the area of alcohol17610
and drugs and the operation of motor vehicles shall comprise a17611
minimum of twenty-five per cent of the number of hours of17612
instruction included in the course.17613

       (B) The person is examined in the manner provided for in17614
section 4507.20 of the Revised Code, and found by the registrar of17615
motor vehicles to be qualified to operate a motor vehicle;17616

       (C) The person gives and maintains proof of financial17617
responsibility, in accordance with section 4509.45 of the Revised17618
Code.17619

       Sec. 4510.04.  It is an affirmative defense to any17620
prosecution brought under section 4510.11, 4510.14, 4510.16, or17621
4510.21 of the Revised Code or under any substantially equivalent17622
municipal ordinance that the alleged offender drove under17623
suspension, without a valid permit or driver's or commercial17624
driver's license, or in violation of a restriction because of a17625
substantial emergency, and because no other person was reasonably17626
available to drive in response to the emergency.17627

       It is an affirmative defense to any prosecution brought under17628
section 4510.16 of the Revised Code that the order of suspension17629
resulted from the failure of the alleged offender to respond to a17630
financial responsibility random verification request under17631
division (A)(3)(c) of section 4509.101 of the Revised Code and17632
that, at the time of the initial financial responsibility random17633
verification request, the alleged offender was in compliance with17634
division (A)(1) of section 4509.101 of the Revised Code as shown17635
by proof of financial responsibility that was in effect at the17636
time of that request.17637

       Sec. 4507.1611.        Sec. 4510.05.  Except as may otherwise be provided17638
in section 4510.07 or in any other provision of the Revised Code,17639
whenever an offender is convicted of or pleads guilty to a17640
violation of a municipal ordinance that is substantially similar17641
to a provision of the Revised Code, and a court is permitted or17642
required to suspend or revoke a person's driver's or commercial17643
driver's license or permit for a violation of that provision, a17644
court, in addition to any other penalties it is authorized by law17645
to impose upon the offender, may suspend the offender's driver's17646
or commercial driver's license or permit or nonresident operating17647
privileges for the period of time the court determines17648
appropriate, or may revoke the license or permit, but in no case17649
shall the period of suspension imposed for the violation of the17650
municipal ordinance shall not exceed the period of suspension that17651
is permitted or required to be imposed for the violation of the17652
provision of the Revised Code to which the municipal ordinance is17653
substantially similar.17654

       Sec. 4507.1610.        Sec. 4510.06.  If a United States district court17655
whose jurisdiction lies within this state suspends, revokes,or17656
cancels, or forfeits the driver's or commercial driver's license17657
or, permit,or nonresident operating privileges of any person17658
pursuant to the "Assimilative Crimes Act," 102 Stat. 4381 (1988),17659
18 U.S.C.A. 13, as amended, that suspension, revocation,or17660
cancellation, or forfeiture is deemed to operate in the same17661
manner and to have the same effect throughout this state as if it17662
were imposed under the laws of this state by a judge of a court of17663
record of this state. In such athat type of case, if the United17664
States district court observes the procedures prescribed by the17665
Revised Code and utilizes the forms prescribed by the registrar of17666
motor vehicles, the bureau of motor vehicles shall make the17667
appropriate notation or record and shall take any other action17668
that is prescribed or permitted by the Revised Code.17669

       Sec. 4507.1613.        Sec. 4510.07.  The court imposing a sentence upon17670
an offender for any violation of a municipal ordinance that is17671
substantially equivalent to a violation of section 2903.06 or17672
2907.24 of the Revised Code or for any violation of a municipal17673
OVI ordinance also shall impose a suspension of the offender's17674
driver's license, commercial driver's license, temporary17675
instruction permit, probationary license, or nonresident operating17676
privilege from the range specified in division (B) of section17677
4510.02 of the Revised Code that is equivalent in length to the17678
suspension required for a violation of section 2903.06 or 2907.2417679
or division (A) or (B) of section4511.19 of the Revised Code17680
under similar circumstances.17681

       Sec. 4510.10.  (A) As used in this section,17682
"reinstatement fees" means the fees that are required under17683
section 4507.1612, 4507.45, 4509.101, 4509.81, 4511.191, 4511.951,17684
or any other provision of the Revised Code, or under a schedule17685
established by the bureau of motor vehicles, in order to reinstate17686
a driver's or commercial driver's license or permit or nonresident17687
operating privilege of an offender under a suspension.17688

       (B) When a municipal court or county court determines in a17689
pending case involving an offender that the offender cannot17690
reasonably pay reinstatement fees due and owing by the offender17691
relative to a suspension that has been or that will be imposed in17692
the case, then the court, by order, may undertake either of the17693
following, in order of preference:17694

       (1) Establish a reasonable payment plan of not less than17695
fifty dollars per month, to be paid by the offender to the bureau17696
of motor vehicles in all succeeding months until all reinstatement17697
fees required of the offender are paid in full;17698

       (2) If the offender, but for the payment of the17699
reinstatement fees, otherwise would be entitled to operate a17700
vehicle in this state or to obtain reinstatement of the offender's17701
operating privileges, permit the offender to operate a motor17702
vehicle, as authorized by the court, until a future date upon17703
which date all reinstatement fees must be paid in full. A payment17704
extension granted under this division shall not exceed one hundred17705
eighty days, and any operating privileges granted under this17706
division shall be solely for the purpose of permitting the17707
offender occupational or "family necessity" privileges in order to17708
enable the offender to reasonably acquire the delinquent17709
reinstatement fees due and owing.17710

       (C) If a municipal court or county court, by order,17711
undertakes either activity described in division (B)(1) or (2) of17712
this section, the court, at any time after the issuance of the17713
order, may determine that a change of circumstances has occurred17714
and may amend the order as justice requires, provided that the17715
amended order also shall be an order that is permitted under17716
division (B)(1) or (2) of this section.17717

       (D) If a court enters an order of the type described in17718
division (B)(1), (B)(2), or (C) of this section, during the17719
pendency of the order, the offender in relation to whom it applies17720
is not subject to prosecution for failing to pay the reinstatement17721
fees covered by the order.17722

       Sec. 4510.11.  (A) No person whose driver's or17723
commercial driver's license or permit or nonresident operating17724
privilege has been suspended under any provision of the Revised17725
Code, other than Chapter 4509. of the Revised Code, or under any17726
applicable law in any other jurisdiction in which the person's17727
license or permit was issued shall operate any motor vehicle upon17728
the public roads and highways or upon any public or private17729
property used by the public for purposes of vehicular travel or17730
parking within this state during the period of suspension unless17731
the person is granted limited driving privileges and is operating17732
the vehicle in accordance with the terms of the limited driving17733
privileges.17734

       (B) No person shall operate any motor vehicle upon a highway17735
or any public or private property used by the public for purposes17736
of vehicular travel or parking in this state in violation of any17737
restriction of the person's driver's or commercial driver's17738
license or permit imposed under division (D) of section 4506.10 or17739
under section 4507.14 of the Revised Code.17740

       (C)(1) Whoever violates this section is guilty of driving17741
under suspension or in violation of a license restriction, a17742
misdemeanor of the first degree. The court shall impose upon the17743
offender a class seven suspension of the offender's driver's17744
license, commercial driver's license, temporary instruction17745
permit, probationary license, or nonresident operating privilege17746
from the range specified in division (A)(7) of section 4510.02 of17747
the Revised Code.17748

       (2) Except as provided in division (C)(3) or (4) of this17749
section, the court, in addition to any other penalty that it17750
imposes on the offender and if the vehicle is registered in the17751
offender's name, shall order the immobilization of the vehicle17752
involved in the offense for thirty days in accordance with section17753
4503.233 of the Revised Code and the impoundment of that vehicle's17754
license plates for thirty days.17755

       (3) If the offender previously has been convicted of or17756
pleaded guilty to one violation of this section or of a17757
substantially similar municipal ordinance, the court, in addition17758
to any other sentence that it imposes on the offender and if the17759
vehicle is registered in the offender's name, shall order the17760
immobilization of the vehicle involved in the offense for sixty17761
days in accordance with section 4503.233 of the Revised Code and17762
the impoundment of that vehicle's license plates for sixty days.17763

       (4) If the offender previously has been convicted of or17764
pleaded guilty to two or more violations of this section or of a17765
substantially similar municipal ordinance, the court, in addition17766
to any other sentence that it imposes on the offender and if the17767
vehicle is registered in the offender's name, shall order the17768
criminal forfeiture of the vehicle involved in the offense to the17769
state.17770

       (D) Any order for immobilization and impoundment under this17771
section shall be issued and enforced under section 4503.233 of the17772
Revised Code. The court shall not release a vehicle from17773
immobilization ordered under this section unless the court is17774
presented with current proof of financial responsibility with17775
respect to that vehicle.17776

       (E) Any order of criminal forfeiture under this section17777
shall be issued and enforced under section 4503.234 of the Revised17778
Code. Upon receipt of the copy of the order from the court,17779
neither the registrar of motor vehicles nor a deputy registrar17780
shall accept any application for the registration or transfer of17781
registration of any motor vehicle owned or leased by the person17782
named in the declaration of forfeiture. The period of17783
registration denial shall be five years after the date of the17784
order, unless, during that period, the court having jurisdiction17785
of the offense that led to the order terminates the forfeiture and17786
notifies the registrar of the termination. The registrar then17787
shall take necessary measures to permit the person to register a17788
vehicle owned or leased by the person or to transfer registration17789
of the vehicle.17790

       Sec. 4510.12.  (A)(1) No person, except those expressly17791
exempted under sections 4507.03, 4507.04, and 4507.05 of the17792
Revised Code, shall operate any motor vehicle upon a public road17793
or highway or any public or private property used by the public17794
for purposes of vehicular travel or parking in this state unless17795
the person has a valid driver's license issued under Chapter 4507.17796
of the Revised Code or a commercial driver's license issued under17797
Chapter 4506. of the Revised Code.17798

       (2) No person, except a person expressly exempted under17799
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall17800
operate any motorcycle upon a public road or highway or any public17801
or private property used by the public for purposes of vehicular17802
travel or parking in this state unless the person has a valid17803
license as a motorcycle operator that was issued upon application17804
by the registrar of motor vehicles under Chapter 4507. of the17805
Revised Code. The license shall be in the form of an endorsement,17806
as determined by the registrar, upon a driver's or commercial17807
driver's license, if the person has a valid license to operate a17808
motor vehicle or commercial motor vehicle, or in the form of a17809
restricted license as provided in section 4507.14 of the Revised17810
Code, if the person does not have a valid license to operate a17811
motor vehicle or commercial motor vehicle.17812

       (B) Whoever violates this section is guilty of operating a17813
motor vehicle without a valid license and shall be punished as17814
follows:17815

       (1) If the offender's driver's or commercial driver's17816
license or permit was expired at the time of the offense for no17817
more than six months, subject to divisions (B)(3) to (5) of this17818
section, the offense is a minor misdemeanor.17819

       (2) If the offender's driver's or commercial driver's17820
license or permit was expired at the time of the offense for more17821
than six months, subject to divisions (B)(3) to (5) of this17822
section, the offense is a misdemeanor of the fourth degree.17823

       (3) If the offender previously was convicted of or pleaded17824
guilty to one violation of this section or a substantially17825
equivalent municipal ordinance within the past three years, the17826
offense is a misdemeanor of the third degree.17827

       (4) If the offender previously was convicted of or pleaded17828
guilty to two violations of this section or a substantially17829
equivalent municipal ordinance within the past three years, the17830
offense is a misdemeanor of the second degree.17831

       (5) If the offender previously was convicted of or pleaded17832
guilty to three or more violations of this section or a17833
substantially equivalent municipal ordinance within the past three17834
years, the offense is a misdemeanor of the first degree.17835

       (C) The court shall not impose a license suspension for a17836
first violation of this section or if more than three years have17837
passed since the offender's last violation of this section or a17838
substantially equivalent municipal ordinance.17839

       (D) If the offender was convicted of or pleaded guilty to17840
one or more violations of this section or a substantially17841
equivalent municipal ordinance within the past three years, and if17842
the offender's license was expired for more than six months at the17843
time of the offense, the court shall impose a class seven17844
suspension of the offender's driver license, commercial driver's17845
license, temporary instruction permit, probationary license, or17846
nonresident operating privilege from the range specified in17847
division (A)(7) of section 4510.02 of the Revised Code.17848

       Sec. 4510.13.  (A)(1) Divisions (A)(2) to (7) of this17849
section apply to a judge or mayor regarding the suspension of, or17850
the grant of limited driving privileges during, a suspension of an17851
offender's driver's or commercial driver's license or permit or17852
nonresident operating privilege imposed under division (G) or (H)17853
of section 4511.19 of the Revised Code, under division (B) or (C)17854
of section 4511.191 of the Revised Code, or under section 4510.0717855
of the Revised Code for a conviction of a violation of a municipal17856
OVI ordinance.17857

       (2) No judge or mayor shall suspend the following portions17858
of the suspension of an offender's driver's or commercial driver's17859
license or permit or nonresident operating privilege imposed under17860
division (G) or (H) of section 4511.19 of the Revised Code or17861
under section 4510.07 of the Revised Code for a conviction of a17862
violation of a municipal OVI ordinance, provided that division17863
(A)(2) of this section does not limit a court or mayor in17864
crediting any period of suspension imposed pursuant to division17865
(B) or (C) of section 4511.191 of the Revised Code against any17866
time of judicial suspension imposed pursuant to section 4511.19 or17867
4510.07 of the Revised Code, as described in divisions (B)(2) and17868
(C)(2) of section 4511.191 of the Revised Code:17869

       (a) The first six months of a suspension imposed under17870
division (G)(1)(a) of section 4511.19 of the Revised Code or of a17871
comparable length suspension imposed under section 4510.07 of the17872
Revised Code;17873

       (b) The first year of a suspension imposed under division17874
(G)(1)(b) or (c) of section 4511.19 of the Revised Code or of a17875
comparable length suspension imposed under section 4510.07 of the17876
Revised Code;17877

       (c) The first three years of a suspension imposed under17878
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code17879
or of a comparable length suspension imposed under section 4510.0717880
of the Revised Code;17881

       (d) The first sixty days of a suspension imposed under17882
division (H) of section 4511.19 of the Revised Code or of a17883
comparable length suspension imposed under section 4510.07 of the17884
Revised Code.17885

       (3) No judge or mayor shall grant limited driving privileges17886
to an offender whose driver's or commercial driver's license or17887
permit or nonresident operating privilege has been suspended under17888
division (G) or (H) of section 4511.19 of the Revised Code, under17889
division (C) of section 4511.191 of the Revised Code, or under17890
section 4510.07 of the Revised Code for a municipal OVI conviction17891
if the offender, within the preceding six years, has been17892
convicted of or pleaded guilty to three or more violations of one17893
or more of the Revised Code sections, municipal ordinances,17894
statutes of the United States or another state, or municipal17895
ordinances of a municipal corporation of another state that are17896
identified in divisions (G)(2)(b) to (h) of section 2919.22 of the17897
Revised Code.17898

       Additionally, no judge or mayor shall grant limited driving17899
privileges to an offender whose driver's or commercial driver's17900
license or permit or nonresident operating privilege has been17901
suspended under division (B) of section 4511.191 of the Revised17902
Code if the offender, within the preceding six years, has refused17903
three previous requests to consent to a chemical test of the17904
person's whole blood, blood serum or plasma, breath, or urine to17905
determine its alcohol content.17906

       (4) No judge or mayor shall grant limited driving privileges17907
for employment as a driver of commercial motor vehicles to an17908
offender whose driver's or commercial driver's license or permit17909
or nonresident operating privilege has been suspended under17910
division (G) or (H) of section 4511.19 of the Revised Code, under17911
division (B) or (C) of section 4511.191 of the Revised Code, or17912
under section 4510.07 of the Revised Code for a municipal OVI17913
conviction if the offender is disqualified from operating a17914
commercial motor vehicle, or whose license or permit has been17915
suspended, under section 3123.58 or 4506.16 of the Revised Code.17916

       (5) No judge or mayor shall grant limited driving privileges17917
to an offender whose driver's or commercial driver's license or17918
permit or nonresident operating privilege has been suspended under17919
division (G) or (H) of section 4511.19 of the Revised Code, under17920
division (C) of section 4511.191 of the Revised Code, or under17921
section 4510.07 of the Revised Code for a conviction of a17922
violation of a municipal OVI ordinance during any of the following17923
periods of time:17924

       (a) The first fifteen days of a suspension imposed under17925
division (G)(1)(a) of section 4511.19 of the Revised Code or a17926
comparable length suspension imposed under section 4510.07 of the17927
Revised Code, or of a suspension imposed under division (C)(1)(a)17928
of section 4511.191 of the Revised Code. On or after the17929
sixteenth day of the suspension, the court may grant limited17930
driving privileges, but the court may require that the offender17931
shall not exercise the privileges unless the vehicles the offender17932
operates are equipped with immobilizing or disabling devices that17933
monitor the offender's alcohol consumption or any other type of17934
immobilizing or disabling devices, except as provided in division17935
(C) of section 4510.43 of the Revised Code.17936

       (b) The first thirty days of a suspension imposed under17937
division (G)(1)(b) of section 4511.19 of the Revised Code or a17938
comparable length suspension imposed under section 4510.07 of the17939
Revised Code, or of a suspension imposed under division (C)(1)(b)17940
of section 4511.191 of the Revised Code. On or after the17941
thirty-first day of suspension, the court may grant limited17942
driving privileges, but the court may require that the offender17943
shall not exercise the privileges unless the vehicles the offender17944
operates are equipped with immobilizing or disabling devices that17945
monitor the offender's alcohol consumption or any other type of17946
immobilizing or disabling devices, except as provided in division17947
(C) of section 4510.43 of the Revised Code.17948

       (c) The first sixty days of a suspension imposed under17949
division (H) of section 4511.19 of the Revised Code or a17950
comparable length suspension imposed under section 4510.07 of the17951
Revised Code.17952

       (d) The first one hundred eighty days of a suspension17953
imposed under division (G)(1)(c) of section 4511.19 of the Revised17954
Code or a comparable length suspension imposed under section17955
4510.07 of the Revised Code, or of a suspension imposed under17956
division (C)(1)(c) of section 4511.191 of the Revised Code. The17957
judge may grant limited driving privileges on or after the one17958
hundred eighty-first day of the suspension only if the judge, at17959
the time of granting the privileges, also issues an order17960
prohibiting the offender, while exercising the privileges during17961
the period commencing with the one hundred eighty-first day of17962
suspension and ending with the first year of suspension, from17963
operating any motor vehicle unless it is equipped with an17964
immobilizing or disabling device that monitors the offender's17965
alcohol consumption. After the first year of the suspension, the17966
court may authorize the offender to continue exercising the17967
privileges in vehicles that are not equipped with immobilizing or17968
disabling devices that monitor the offender's alcohol consumption,17969
except as provided in division (C) of section 4510.43 of the17970
Revised Code. If the offender does not petition for limited17971
driving privileges until after the first year of suspension, the17972
judge may grant limited driving privileges without requiring the17973
use of an immobilizing or disabling device that monitors the17974
offender's alcohol consumption.17975

       (e) The first three years of a suspension imposed under17976
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code17977
or a comparable length suspension imposed under section 4510.07 of17978
the Revised Code, or of a suspension imposed under division17979
(C)(1)(d) of section 4511.191 of the Revised Code. The judge may17980
grant limited driving privileges after the first three years of17981
suspension only if the judge, at the time of granting the17982
privileges, also issues an order prohibiting the offender from17983
operating any motor vehicle, for the period of suspension17984
following the first three years of suspension, unless the motor17985
vehicle is equipped with an immobilizing or disabling device that17986
monitors the offender's alcohol consumption, except as provided in17987
division (C) of section 4510.43 of the Revised Code.17988

       (6) No judge or mayor shall grant limited driving privileges17989
to an offender whose driver's or commercial driver's license or17990
permit or nonresident operating privilege has been suspended under17991
division (B) of section 4511.191 of the Revised Code during any of17992
the following periods of time:17993

       (a) The first thirty days of suspension imposed under17994
division (B)(1)(a) of section 4511.191 of the Revised Code;17995

       (b) The first ninety days of suspension imposed under17996
division (B)(1)(b) of section 4511.191 of the Revised Code;17997

       (c) The first year of suspension imposed under division17998
(B)(1)(c) of section 4511.191 of the Revised Code;17999

       (d) The first three years of suspension imposed under18000
division (B)(1)(d) of section 4511.191 of the Revised Code.18001

       (7) In any case in which a judge or mayor grants limited18002
driving privileges to an offender whose driver's or commercial18003
driver's license or permit or nonresident operating privilege has18004
been suspended under division (G) of section 4511.19 of the18005
Revised Code or under section 4510.07 of the Revised Code for a18006
municipal OVI conviction, the judge or mayor shall impose as a18007
condition of the privileges that the offender must display on the18008
vehicle that is driven subject to the privileges restricted18009
license plates that are issued under section 4503.231 of the18010
Revised Code, except as provided in division (B) of that section.18011

       (B) Any person whose driver's or commercial driver's license18012
or permit or nonresident operating privilege has been suspended18013
pursuant to section 4511.19 or 4511.191 of the Revised Code or18014
under section 4510.07 of the Revised Code for a violation of a18015
municipal OVI ordinance may file a petition for limited driving18016
privileges during the suspension. The person shall file the18017
petition in the court that has jurisdiction over the place of18018
arrest. Subject to division (A) of this section, the court may18019
grant the person limited driving privileges during the period18020
during which the suspension otherwise would be imposed. However,18021
the court shall not grant the privileges for employment as a18022
driver of a commercial motor vehicle to any person who is18023
disqualified from operating a commercial motor vehicle under18024
section 4506.16 of the Revised Code or during any of the periods18025
prescribed by division (A) of this section.18026

       (C)(1) After a driver's or commercial driver's license or18027
permit or nonresident operating privilege has been suspended18028
pursuant to section 2903.06, 2903.08, 2907.24, 2921.331, 4511.19,18029
4511.251, 4549.02, 4549.021, or 5743.99 of the Revised Code, any18030
provision of Chapter 2925. of the Revised Code, or section 4510.0718031
of the Revised Code for a violation of a municipal OVI ordinance,18032
the judge of the court or mayor of the mayor's court that18033
suspended the license, permit, or privilege shall cause the18034
offender to deliver to the court the license or permit. The18035
judge, mayor, or clerk of the court or mayor's court shall forward18036
to the registrar the license or permit together with notice of the18037
action of the court.18038

       (2) A suspension of a commercial driver's license under any18039
section or chapter identified in division (C)(1) of this section18040
shall be concurrent with any period of suspension or18041
disqualification under section 3123.58 or 4506.16 of the Revised18042
Code. No person who is disqualified for life from holding a18043
commercial driver's license under section 4506.16 of the Revised18044
Code shall be issued a driver's license under this chapter during18045
the period for which the commercial driver's license was suspended18046
under this section, and no person whose commercial driver's18047
license is suspended under any section or chapter identified in18048
division (C)(1) of this section shall be issued a driver's license18049
under Chapter 4507. of the Revised Code during the period of the18050
suspension.18051

       (3) No judge or mayor shall suspend any class one18052
suspension, or any portion of any class one suspension, required18053
by section 2903.04 or 2903.06 of the Revised Code. No judge or18054
mayor shall suspend the first thirty days of any class two, class18055
three, class four, class five, or class six suspension imposed18056
under section 2903.06 or 2903.08 of the Revised Code.18057

       (D) The judge of the court or mayor of the mayor's court18058
shall credit any time during which an offender was subject to an18059
administrative suspension of the offender's driver's or commercial18060
driver's license or permit or nonresident operating privilege18061
imposed pursuant to section 4511.191 or 4511.192 of the Revised18062
Code or a suspension imposed by a judge, referee, or mayor18063
pursuant to division (B)(1) or (2) of section 4511.196 of the18064
Revised Code against the time to be served under a related18065
suspension imposed pursuant to any section or chapter identified18066
in division (C)(1) of this chapter.18067

       (E) The judge or mayor shall notify the bureau of motor18068
vehicles of any determinations made pursuant to this section and18069
of any suspension imposed pursuant to any section or chapter18070
identified in division (C)(1) of this section.18071

       (F)(1) If a court issues an immobilizing or disabling device18072
order under section 4510.43 of the Revised Code, the order shall18073
authorize the offender during the specified period to operate a18074
motor vehicle only if it is equipped with an immobilizing or18075
disabling device, except as provided in division (C) of that18076
section. The court shall provide the offender with a copy of an18077
immobilizing or disabling device order issued under section18078
4510.43 of the Revised Code, and the offender shall use the copy18079
of the order in lieu of an Ohio driver's or commercial driver's18080
license or permit until the registrar or a deputy registrar issues18081
the offender a restricted license.18082

       An order issued under section 4510.43 of the Revised Code18083
does not authorize or permit the offender to whom it has been18084
issued to operate a vehicle during any time that the offender's18085
driver's or commercial driver's license or permit is suspended18086
under any other provision of law.18087

       (2) An offender may present an immobilizing or disabling18088
device order to the registrar or to a deputy registrar. Upon18089
presentation of the order to the registrar or a deputy registrar,18090
the registrar or deputy registrar shall issue the offender a18091
restricted license. A restricted license issued under this18092
division shall be identical to an Ohio driver's license, except18093
that it shall have printed on its face a statement that the18094
offender is prohibited during the period specified in the court18095
order from operating any motor vehicle that is not equipped with18096
an immobilizing or disabling device. The date of commencement and18097
the date of termination of the period of suspension shall be18098
indicated conspicuously upon the face of the license.18099

       Sec. 4510.14.  (A) No person whose driver's or commercial18100
driver's license or permit or nonresident operating privilege has18101
been suspended under section 4511.19. 4511.191, or 4511.196 of the18102
Revised Code or under section 4510.07 of the Revised Code for a18103
conviction of a violation of a municipal OVI ordinance shall18104
operate any motor vehicle upon the public roads or highways within18105
this state during the period of the suspension. 18106

       (B) Whoever violates this section is guilty of driving under18107
OVI suspension. The court shall sentence the offender under18108
Chapter 2929. of the Revised Code, subject to the differences18109
authorized or required by this section.18110

       (1) Except as otherwise provided in division (B)(2) or (3)18111
of this section, driving under OVI suspension is a misdemeanor of18112
the first degree. The court shall sentence the offender to all of18113
the following:18114

       (a) A mandatory jail term of three consecutive days. The18115
three-day term shall be imposed, unless, subject to division (C)18116
of this section, the court instead imposes a sentence of not less18117
than thirty consecutive days of electronically monitored house18118
arrest. A period of electronically monitored house arrest imposed18119
under this division shall not exceed six months. If the court18120
imposes a mandatory three-day jail term under this division, the18121
court may impose a jail term in addition to that term, provided18122
that in no case shall the cumulative jail term imposed for the18123
offense exceed six months.18124

       (b) A fine of not less than two hundred fifty and not more18125
than one thousand dollars;18126

       (c) A license suspension under division (E) of this section;18127

       (d) If the vehicle the offender was operating at the time of18128
the offense is registered in the offender's name, immobilization18129
for thirty days of the offender's vehicle and impoundment for18130
thirty days of the identification license plates of that vehicle.18131
The order for immobilization and impoundment shall be issued and18132
enforced in accordance with section 4503.233 of the Revised Code.18133

       (2) If, within six years of the offense, the offender18134
previously has been convicted of or pleaded guilty to one18135
violation of this section or one equivalent offense, driving under18136
OVI suspension is a misdemeanor of the first degree. The court18137
shall sentence the offender to all of the following:18138

       (a) A mandatory jail term of ten consecutive days. 18139
Notwithstanding the terms of imprisonment provided in Chapter18140
2929. of the Revised Code, the court may sentence the offender to18141
a longer jail term of not more than one year. The ten-day18142
mandatory jail term shall be imposed unless, subject to division18143
(C) of this section, the court instead imposes a sentence of not18144
less than ninety consecutive days of electronically monitored18145
house arrest. The period of electronically monitored house arrest18146
shall not exceed one year. 18147

        (b) Notwithstanding the fines provided for in Chapter 2929.18148
of the Revised Code, a fine of not less than five hundred and not18149
more than two thousand five hundred dollars;18150

       (c) A license suspension under division (E) of this section;18151

       (d) If the vehicle the offender was operating at the time of18152
the offense is registered in the offender's name, immobilization18153
of the offender's vehicle for sixty days and the impoundment for18154
sixty days of the identification license plates of that vehicle. 18155
The order for immobilization and impoundment shall be issued and18156
enforced in accordance with section 4503.233 of the Revised Code.18157

       (3) If, within six years of the offense, the offender18158
previously has been convicted of or pleaded guilty to two or more18159
violations of this section or two or more equivalent offenses,18160
driving under OVI suspension is a misdemeanor. The court shall18161
sentence the offender to all of the following:18162

       (a) A mandatory jail term of thirty consecutive days.18163
Notwithstanding the terms of imprisonment provided in Chapter18164
2929. of the Revised Code, the court may sentence the offender to18165
a longer jail term of not more than one year. The court shall not18166
sentence the offender to a term of electronically monitored house18167
arrest in lieu of the mandatory portion of the jail term. 18168

       (b) Notwithstanding the fines set forth in Chapter 2929. of18169
the Revised Code, a fine of not less than five hundred and not18170
more than two thousand five hundred dollars;18171

       (c) A license suspension under division (E) of this section;18172

       (d) If the vehicle the offender was operating at the time of18173
the offense is registered in the offender's name, criminal18174
forfeiture to the state of the offender's vehicle. The order of18175
criminal forfeiture shall be issued and enforced in accordance18176
with section 4503.234 of the Revised Code. If title to a motor18177
vehicle that is subject to an order for criminal forfeiture under18178
this division is assigned or transferred and division (B)(2) or18179
(3) of section 4503.234 of the Revised Code applies, the court may18180
fine the offender the value of the vehicle as determined by18181
publications of the national auto dealer's association. The18182
proceeds from any fine so imposed shall be distributed in18183
accordance with division (C)(2) of section 4503.234 of the Revised18184
Code.18185

       (C) No court shall impose an alternative sentence of18186
electronically monitored house arrest under division (B)(1) or (2)18187
of this section unless, within sixty days of the date of18188
sentencing, the court issues a written finding on the record that,18189
due to the unavailability of space at the jail where the offender18190
is required to serve the jail term imposed, the offender will not18191
be able to begin serving that term within the sixty-day period18192
following the date of sentencing.18193

       An offender sentenced under this section to a period of18194
electronically monitored house arrest shall be permitted work18195
release during that period.18196

       (D) Fifty per cent of any fine imposed by a court under18197
division (B)(1), (2), or (3) of this section shall be deposited18198
into the county indigent drivers alcohol treatment fund or18199
municipal indigent drivers alcohol treatment fund under the18200
control of that court, as created by the county or municipal18201
corporation pursuant to division (H) of section 4511.191 of the18202
Revised Code.18203

       (E) In addition to or independent of all other penalties18204
provided by law or ordinance, the trial judge of any court of18205
record or the mayor of a mayor's court shall impose on an offender18206
who is convicted of or pleads guilty to a violation of this18207
section a class seven suspension of the offender's driver's or18208
commercial driver's license or permit or nonresident operating18209
privilege from the range specified in division (A)(7) of section18210
4510.02 of the Revised Code.18211

       When permitted as specified in section 4510.021 of the18212
Revised Code, if the court grants limited driving privileges18213
during a suspension imposed under this section, the privileges18214
shall be granted on the additional condition that the offender18215
must display restricted license plates, issued under section18216
4503.231 of the Revised Code, on the vehicle driven subject to the18217
privileges, except as provided in division (B) of that section.18218

       A suspension of a commercial driver's license under this18219
section shall be concurrent with any period of suspension or18220
disqualification under section 3123.58 or 4506.16 of the Revised18221
Code. No person who is disqualified for life from holding a18222
commercial driver's license under section 4506.16 of the Revised18223
Code shall be issueda driver's license under Chapter 4507. of the18224
Revised Code during the period for which the commercial driver's18225
license was suspended under this section, and no person whose18226
commercial driver's license is suspended under this section shall18227
be issued a driver's license under Chapter 4507. of the Revised18228
Code during the period of the suspension.18229

       (F) As used in this section:18230

       (1) "Electronically monitored house arrest" has the same18231
meaning as in section 2929.23 of the Revised Code.18232

       (2) "Equivalent offense" means any of the following:18233

       (a) A violation of a municipal ordinance, law of another18234
state, or law of the United States that is substantially18235
equivalent to division (A) of this section;18236

       (b) A violation of a former law of this state that was18237
substantially equivalent to division (A) of this section. 18238

       (3) "Jail" has the same meaning as in section 2929.01 of the18239
Revised Code.18240

       (4) "Mandatory jail term" means the mandatory term in jail18241
of three, ten, or thirty consecutive days that must be imposed18242
under division (B)(1), (2), or (3) of this section upon an18243
offender convicted of a violation of division (A) of this section18244
and in relation to which all of the following apply:18245

       (a) Except as specifically authorized under this section,18246
the term must be served in a jail.18247

       (b) Except as specifically authorized under this section,18248
the term cannot be suspended, reduced, or otherwise modified18249
pursuant to section 2929.51, 2951.02, or any other provision of18250
the Revised Code.18251

       Sec. 4507.34.        Sec. 4510.15.  Whenever a person is found guilty of18252
reckless operation of a motor vehicle under the laws of this state18253
or under any ordinance of any political subdivision of this state,18254
of operating a motor vehicle in violation of such laws or18255
ordinances, relating to reckless operation, the trial court of any18256
court of record may, in addition to or independent of all other18257
penalties provided by law, suspend for any period of time or18258
revoke themay impose a class five suspension of the offender's18259
driver's license or commercial driver's license of any person so18260
convicted or pleading guilty to such offenses for any period that18261
it determines, not to exceed one yearor permit or nonresident18262
operating privilege from the range specified in division (A)(5) of18263
section 4510.02 of the Revised Code.18264

       Suspension of a commercial driver's license under this18265
section shall be concurrent with any period of suspension18266
disqualification under section 3123.6113123.58 or 4506.16 of the18267
Revised Code or period of suspension under section 3123.58 of the18268
Revised Code. No person who is disqualified for life from holding18269
a commercial driver's license under section 4506.16 of the Revised18270
Code shall be issued a driver's license under this chapterChapter18271
4507. of the Revised Code during the period for which the18272
commercial driver's license was suspended under this section, and18273
no person whose commercial driver's license is suspended under18274
this section shall be issued a driver's license under this chapter18275
Chapter 4507. of the Revised Code during the period of the18276
suspension.18277

       Sec. 4510.16.  (A) No person, whose driver's or commercial18278
driver's license or temporary instruction permit or nonresident's18279
operating privilege has been suspended or canceled pursuant to18280
Chapter 4509. of the Revised Code, shall operate any motor vehicle18281
within this state, or knowingly permit any motor vehicle owned by18282
the person to be operated by another person in the state, during18283
the period of the suspension or cancellation, except as18284
specifically authorized by Chapter 4509. of the Revised Code. No18285
person shall operate a motor vehicle within this state, or18286
knowingly permit any motor vehicle owned by the person to be18287
operated by another person in the state, during the period in18288
which the person is required by section 4509.45 of the Revised18289
Code to file and maintain proof of financial responsibility for a18290
violation of section 4509.101 of the Revised Code, unless proof of18291
financial responsibility is maintained with respect to that18292
vehicle.18293

       (B)(1) Whoever violates this section is guilty of driving18294
under financial responsibility law suspension or cancellation, a18295
misdemeanor of the first degree. The registrar of motor vehicles18296
shall impose a class E suspension of the offender's driver's or18297
commercial driver's license or permit or nonresident operating18298
privilege for the period of time specified in division (B)(5) of18299
section 4510.02 of the Revised Code.18300

       (2) If the offender previously has not been convicted of or18301
pleaded guilty to a violation of this section or a substantially18302
similar municipal ordinance and if the vehicle is registered in18303
the offender's name, the court, in addition to or independent of18304
any other sentence that it imposes upon the offender, shall order18305
the immobilization for thirty days of the vehicle involved in the18306
offense and the impoundment for thirty days of the license plates18307
of that vehicle.18308

       (3) If the offender previously has been convicted of or18309
pleaded guilty to one violation of this section or a substantially18310
similar municipal ordinance and if the vehicle is registered in18311
the offender's name, the court, in addition to or independent of18312
any other sentence that it imposes upon the offender, shall order18313
the immobilization for sixty days of the vehicle involved in the18314
offense and impoundment for sixty days of the license plates of18315
that vehicle.18316

       (4) If the offender previously has been convicted of or18317
pleaded guilty to two or more violations of this section or a18318
substantially similar municipal ordinance and if the vehicle is18319
registered in the offender's name, the court in addition to or18320
independent of any other sentence that it imposes upon the18321
offender, shall order the criminal forfeiture to the state of the18322
vehicle involved in the offense. If title to a motor vehicle that18323
is subject to an order for criminal forfeiture under this division18324
is assigned or transferred and division (B)(2) or (3) of section18325
4503.234 of the Revised Code applies, in addition to or18326
independent of any other penalty established by law, the court may18327
fine the offender the value of the vehicle as determined by18328
publications of the national auto dealers association. The18329
proceeds from any fine so imposed shall be distributed in18330
accordance with division (C)(2) of that section.18331

       (C) Any order for immobilization and impoundment under this18332
section shall be issued and enforced in accordance with sections18333
4503.233 and 4507.02 of the Revised Code, as applicable. Any18334
order of criminal forfeiture shall be issued and enforced in18335
accordance with section 4503.234 of the Revised Code. The court18336
shall not release a vehicle from immobilization orders under this18337
section unless the court is presented with current proof of18338
financial responsibility with respect to that vehicle.18339

       Sec. 4507.361.        Sec. 4510.161.  (A) The requirements and sanctions18340
imposed by divisions (B) and (C) of this section are an adjunct to18341
and derive from the state's exclusive authority over the18342
registration and titling of motor vehicles and do not comprise a18343
part of the criminal sentence to be imposed upon a person who18344
violates a municipal ordinance that is substantially equivalent to18345
section 4510.14 or to division (B)(1) or (D)(2)(A) of section18346
4507.024510.16 of the Revised Code.18347

       (B) If a person is convicted of or pleads guilty to a18348
municipal ordinance that is substantially equivalent to division18349
(B)(1)(A) of section 4507.024510.16 of the Revised Code, the18350
court, in addition to and independent of any sentence that it18351
imposes upon the offender for the offense, regardless of whether18352
if the vehicle the offender was operating at the time of the18353
offense is registered in histhe offender's name or in the name of18354
another person, and subject to section 4503.235 of the Revised18355
Code, shall do whichever of the following is applicable:18356

       (1) If, within five years of the current offense, the18357
offender has not been convicted of or pleaded guilty to a18358
violation of division (A) of section 4510.16 or former division18359
(B)(1) of section 4507.02 of the Revised Code or a municipal18360
ordinance that is substantially equivalent to thateither18361
division, the court shall order the immobilization for thirty days18362
of the vehicle the offender was operating at the time of the18363
offense and the impoundment for thirty days of the identification18364
license plates of that vehicle.18365

       (2) If, within five years of the current offense, the18366
offender has been convicted of or pleaded guilty to one violation18367
of division (A) of section 4510.16 or former division (B)(1) of18368
section 4507.02 of the Revised Code or a municipal ordinance that18369
is substantially equivalent to thateither division, the court18370
shall order the immobilization for sixty days of the vehicle the18371
offender was operating at the time of the offense and the18372
impoundment for sixty days of the identification license plates of18373
that vehicle.18374

       (3) If, within five years of the current offense, the18375
offender has been convicted of or pleaded guilty to two or more18376
violations of division (A) of section 4510.16 or former division18377
(B)(1) of section 4507.02 of the Revised Code or a municipal18378
ordinance that is substantially equivalent to thateither18379
division, the court shall order the criminal forfeiture to the18380
state of the vehicle the offender was operating at the time of the18381
offense. The order of criminal forfeiture shall be issued and18382
enforced in accordance with section 4503.234 of the Revised Code.18383

       (C) If a person is convicted of or pleads guilty to a18384
municipal ordinance that is substantially equivalent to division18385
(D)(2) of section 4507.024510.14 of the Revised Code, the court,18386
in addition to and independent of any sentence that it imposes18387
upon the offender for the offense, regardless of whetherif the18388
vehicle the offender was operating at the time of the offense is18389
registered in histhe offender's name or in the name of another18390
person, and subject to section 4503.235 of the Revised Code, shall18391
do whichever of the following is applicable:18392

       (1) If, within five years of the current offense, the18393
offender has not been convicted of or pleaded guilty to a18394
violation of section 4510.14 or former division (D)(2) of section18395
4507.02 of the Revised Code or a municipal ordinance that is18396
substantially equivalent to that section or former division, the18397
court shall order the immobilization for thirty days of the18398
vehicle the offender was operating at the time of the offense and18399
the impoundment for thirty days of the identification license18400
plates of that vehicle.18401

       (2) If, within five years of the current offense, the18402
offender has been convicted of or pleaded guilty to one violation18403
of section 4510.14 or former division (D)(2) of section 4507.02 of18404
the Revised Code or a municipal ordinance that is substantially18405
equivalent to that section or former division, the court shall18406
order the immobilization for sixty days of the vehicle the18407
offender was operating at the time of the offense and the18408
impoundment for sixty days of the identification license plates of18409
that vehicle.18410

       (3) If, within five years of the current offense, the18411
offender has been convicted of or pleaded guilty to two or more18412
violations of section 4510.14 or former division (D)(2) of section18413
4507.02 of the Revised Code or a municipal ordinance that is18414
substantially equivalent to that section or former division, the18415
court shall order the criminal forfeiture to the state of the18416
vehicle the offender was operating at the time of the offense.18417

       (D) An order of criminal forfeiture issued pursuant to this18418
section shall be issued and enforced in accordance with section18419
4503.234 of the Revised Code. An order for the immobilization and18420
impoundment of a vehicle that issued pursuant to this section18421
shall be issued and enforced in accordance with section 4503.23318422
of the Revised Code.18423

       Sec. 4507.169.        Sec. 4510.17.  (A) The registrar of motor vehicles18424
shall suspend for the period of time specified in this division18425
the driver's or commercial driver's license or permit of, or deny18426
for such period of time the issuance of a driver's or commercial18427
driver's license or permit to,impose a class D suspension of the18428
person's driver's license, commercial driver's license, temporary18429
instruction permit, probationary license, or nonresident operating18430
privilege for the period of time specified in division (B)(4) of18431
section 4510.02 of the Revised Code on any person who is a18432
resident of this state and is convicted of or pleads guilty to a18433
violation of a statute of any other state or any federal statute18434
that is substantially similar to section 2925.02, 2925.03,18435
2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14,18436
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the18437
Revised Code. Upon receipt of a report from a court, court clerk,18438
or other official of any other state or from any federal authority18439
that a resident of this state was convicted of or pleaded guilty18440
to an offense described in this division, the registrar shall send18441
a notice by regular first class mail to the person, at the18442
person's last known address as shown in the records of the bureau18443
of motor vehicles, informing the person of the suspension or18444
denial, that the suspension or denial will take effect twenty-one18445
days from the date of the notice, and that, if the person wishes18446
to appeal the suspension or denial, the person must file a notice18447
of appeal within twenty-one days of the date of the notice18448
requesting a hearing on the matter. If the person requests a18449
hearing, the registrar shall hold the hearing not more than forty18450
days after receipt by the registrar of the notice of appeal. The18451
filing of a notice of appeal does not stay the operation of the18452
suspension or denial that must be imposed pursuant to this18453
division. The scope of the hearing shall be limited to whether18454
the person actually was convicted of or pleaded guilty to the18455
offense for which the suspension or denial is to be imposed.18456

       The period of suspension or denial the registrar is required18457
to impose under this division shall end either on the last day of18458
any period ofthe class D suspension period or of the suspension18459
of the person's nonresident operating privilege imposed by the18460
state or federal court located in the other state, or the date six18461
months and twenty-one days from the date of the notice sent by the18462
registrar to the person under this division, whichever is earlier.18463

       The registrar shall subscribe to or otherwise participate in18464
any information system or register, or enter into reciprocal and18465
mutual agreements with other states and federal authorities, in18466
order to facilitate the exchange of information with other states18467
and the United States government regarding persons who plead18468
guilty to or are convicted of offenses described in this division18469
and therefore are subject to the suspension or denial described in18470
this division.18471

       (B) The registrar shall suspend for the period of time18472
specified in this division the driver's or commercial driver's18473
license or permit of, or deny for such period of time the issuance18474
of a driver's or commercial driver's license or permit to,impose18475
a class D suspension of the person's driver's license, commercial18476
driver's license, temporary instruction permit, probationary18477
license, or nonresident operating privilege for the period of time18478
specified in division (B)(4) of section 4510.02 of the Revised18479
Code on any person who is a resident of this state and is18480
convicted of or pleads guilty to a violation of a statute of any18481
other state or a municipal ordinance of a municipal corporation18482
located in any other state that is substantially similar to18483
section 4511.19 of the Revised Code. Upon receipt of a report18484
from another state made pursuant to section 4507.604510.61 of the18485
Revised Code indicating that a resident of this state was18486
convicted of or pleaded guilty to an offense described in this18487
division, the registrar shall send a notice by regular first class18488
mail to the person, at the person's last known address as shown in18489
the records of the bureau of motor vehicles, informing the person18490
of the suspension or denial, that the suspension or denial will18491
take effect twenty-one days from the date of the notice, and that,18492
if the person wishes to appeal the suspension or denial, the18493
person must file a notice of appeal within twenty-one days of the18494
date of the notice requesting a hearing on the matter. If the18495
person requests a hearing, the registrar shall hold the hearing18496
not more than forty days after receipt by the registrar of the18497
notice of appeal. The filing of a notice of appeal does not stay18498
the operation of the suspension or denial that must be imposed18499
pursuant to this division. The scope of the hearing shall be18500
limited to whether the person actually was convicted of or pleaded18501
guilty to the offense for which the suspension or denial is to be18502
imposed.18503

       The period of suspension or denial the registrar is required18504
to impose under this division shall end either on the last day of18505
any period ofthe class D suspension period or of the suspension18506
of the person's nonresident operating privilege imposed by the18507
state or federal court located in the other state, or the date six18508
months and twenty-one days from the date of the notice sent by the18509
registrar to the person under this division, whichever is earlier.18510

       (C) The registrar shall suspend for the period of time18511
specified in this division the driver's or commercial driver's18512
license or permit of, or deny for such period of time the issuance18513
of a driver's or commercial driver's license or permit to,impose18514
a class D suspension of the child's driver's license, commercial18515
driver's license, temporary instruction permit, or nonresident18516
operating privilege for the period of time specified in division18517
(B)(4) of section 4510.02 of the Revised Code on any child who is18518
a resident of this state and is convicted of or pleads guilty to a18519
violation of a statute of any other state or any federal statute18520
that is substantially similar to section 2925.02, 2925.03,18521
2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14,18522
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the18523
Revised Code. Upon receipt of a report from a court, court clerk,18524
or other official of any other state or from any federal authority18525
that a child who is a resident of this state was convicted of or18526
pleaded guilty to an offense described in this division, the18527
registrar shall send a notice by regular first class mail to the18528
child, at the child's last known address as shown in the records18529
of the bureau of motor vehicles, informing the child of the18530
suspension or denial, that the suspension or denial will take18531
effect twenty-one days from the date of the notice, and that, if18532
the child wishes to appeal the suspension or denial, the child18533
must file a notice of appeal within twenty-one days of the date of18534
the notice requesting a hearing on the matter. If the child18535
requests a hearing, the registrar shall hold the hearing not more18536
than forty days after receipt by the registrar of the notice of18537
appeal. The filing of a notice of appeal does not stay the18538
operation of the suspension or denial that must be imposed18539
pursuant to this division. The scope of the hearing shall be18540
limited to whether the child actually was convicted of or pleaded18541
guilty to the offense for which the suspension or denial is to be18542
imposed.18543

       The period of suspension the registrar is required to impose18544
under this division shall end either on the last day of any period18545
ofthe class D suspension period or of the suspension of the18546
child's nonresident operating privilege imposed by the state or18547
federal court located in the other state, or the date six months18548
and twenty-one days from the date of the notice sent by the18549
registrar to the child under this division, whichever is earlier.18550
If the child is a resident of this state who is sixteen years of18551
age or older and does not have a current, valid Ohio driver's or18552
commercial driver's license or permit, the notice shall inform the18553
child that the child will be denied issuance of a driver's or18554
commercial driver's license or permit for six months beginning on18555
the date of the notice. If the child has not attained the age of18556
sixteen years on the date of the notice, the notice shall inform18557
the child that the period of denial of six months shall commence18558
on the date the child attains the age of sixteen years.18559

       The registrar shall subscribe to or otherwise participate in18560
any information system or register, or enter into reciprocal and18561
mutual agreements with other states and federal authorities, in18562
order to facilitate the exchange of information with other states18563
and the United States government regarding children who are18564
residents of this state and plead guilty to or are convicted of18565
offenses described in this division and therefore are subject to18566
the suspension or denial described in this division.18567

       (D) The registrar shall suspend for the period of time18568
specified in this division the driver's or commercial driver's18569
license or permit of, or deny for such period of time the issuance18570
of a driver's or commercial driver's license or permit to,impose18571
a class D suspension of the child's driver's license, commercial18572
driver's license, temporary instruction permit, probationary18573
license, or nonresident operating privilege for the period of time18574
specified in division (B)(4) of section 4510.02 of the Revised18575
Code on any child who is a resident of this state and is convicted18576
of or pleads guilty to a violation of a statute of any other state18577
or a municipal ordinance of a municipal corporation located in any18578
other state that is substantially similar to section 4511.19 of18579
the Revised Code. Upon receipt of a report from another state18580
made pursuant to section 4507.604510.61 of the Revised Code18581
indicating that a child who is a resident of this state was18582
convicted of or pleaded guilty to an offense described in this18583
division, the registrar shall send a notice by regular first class18584
mail to the child, at the child's last known address as shown in18585
the records of the bureau of motor vehicles, informing the child18586
of the suspension or denial, that the suspension or denial will18587
take effect twenty-one days from the date of the notice, and that,18588
if the child wishes to appeal the suspension or denial, the child18589
must file a notice of appeal within twenty-one days of the date of18590
the notice requesting a hearing on the matter. If the child18591
requests a hearing, the registrar shall hold the hearing not more18592
than forty days after receipt by the registrar of the notice of18593
appeal. The filing of a notice of appeal does not stay the18594
operation of the suspension or denial that must be imposed18595
pursuant to this division. The scope of the hearing shall be18596
limited to whether the child actually was convicted of or pleaded18597
guilty to the offense for which the suspension or denial is to be18598
imposed.18599

       The period of suspension the registrar is required to impose18600
under this division shall end either on the last day of any period18601
ofthe class D suspension period or of the suspension of the18602
child's nonresident operating privilege imposed by the state or18603
federal court located in the other state, or the date six months18604
and twenty-one days from the date of the notice sent by the18605
registrar to the child under this division, whichever is earlier.18606
If the child is a resident of this state who is sixteen years of18607
age or older and does not have a current, valid Ohio driver's or18608
commercial driver's license or permit, the notice shall inform the18609
child that the child will be denied issuance of a driver's or18610
commercial driver's license or permit for six months beginning on18611
the date of the notice. If the child has not attained the age of18612
sixteen years on the date of the notice, the notice shall inform18613
the child that the period of denial of six months shall commence18614
on the date the child attains the age of sixteen years.18615

       (E) Any person whose license or permit has been suspended18616
pursuant to division (B) or (D) of this section may file a18617
petition in the municipal or county court, or in case the person18618
is under eighteen years of age, the juvenile court, in whose18619
jurisdiction the person resides, agreeing to pay the cost of the18620
proceedings and alleging that the suspension would seriously18621
affect the person's ability to continue the person's employment.18622
Upon satisfactory proof that there is reasonable cause to believe18623
that the suspension would seriously affect the person's ability to18624
continue the person's employment, the judge may grant the person18625
occupationallimited driving privileges during the period during18626
which the suspension otherwise would be imposed, except that the18627
judge shall not grant occupationallimited driving privileges for18628
employment as a driver of a commercial motor vehicle to any person18629
who would be disqualified from operating a commercial motor18630
vehicle under section 4506.16 of the Revised Code if the violation18631
had occurred in this state, or during any of the following periods18632
of time:18633

       (1) The first fifteen days of the suspension, if the person18634
has not been convicted within fivesix years of the date of the18635
offense giving rise to the suspension under this section of a18636
violation of any of the following:18637

       (a) Section 4511.19 of the Revised Code, of a municipal18638
ordinance relating to operating a vehicle while under the18639
influence of alcohol, a drug of abuse, or alcohol and a drug of18640
abuse;18641

       (b) A municipal ordinance relating to operating a motor18642
vehicle with a prohibited concentration of alcohol in the blood,18643
breath, or urine;18644

       (c) Section 2903.04 of the Revised Code in a case in which18645
the person was subject to the sanctions described in division (D)18646
of that section;18647

       (d) Division (A)(1) of section 2903.06 or division (A)(1) of18648
section 2903.08 of the Revised Code or a municipal ordinance that18649
is substantially similar to either of those divisions;18650

       (e) Division (A)(2), (3), or (4) of section 2903.06,18651
division (A)(2) of section 2903.08, or former section 2903.07 of18652
the Revised Code as it existed prior to March23, 2000, or a18653
municipal ordinance that is substantially similar to any of those18654
divisions or that former section, in a case in which the jury or18655
judge found that the person was under the influence of alcohol, a18656
drug of abuse, or alcohol and a drug of abuse.18657

       (2) The first thirty days of the suspension, if the person18658
has been convicted one time within fivesix years of the date of18659
the offense giving rise to the suspension under this section of18660
any violation identified in division (E)(1) of this section.18661

       (3) The first one hundred eighty days of the suspension, if18662
the person has been convicted two times within fivesix years of18663
the date of the offense giving rise to the suspension under this18664
section of any violation identified in division (E)(1) of this18665
section.18666

       (4) No occupationallimited driving privileges may be18667
granted if the person has been convicted three or more times18668
within fivesix years of the date of the offense giving rise to18669
the suspension under this section of any violation identified in18670
division (E)(1) of this section.18671

       If a person petitions for occupationallimited driving18672
privileges under division (E) of this section, the registrar shall18673
be represented by the county prosecutor of the county in which the18674
person resides if the petition is filed in a juvenile court or18675
county court, except that if the person resides within a city or18676
village that is located within the jurisdiction of the county in18677
which the petition is filed, the city director of law or village18678
solicitor of that city or village shall represent the registrar.18679
If the petition is filed in a municipal court, the registrar shall18680
be represented as provided in section 1901.34 of the Revised Code.18681

       In granting occupationallimited driving privileges under18682
division (E) of this section, the court may impose any condition18683
it considers reasonable and necessary to limit the use of a18684
vehicle by the person. The court shall deliver to the person a18685
permit card, in a form to be prescribed by the court, setting18686
forth the time, place, and other conditions limiting the person's18687
use of a motor vehicle. The grant of occupationallimited driving18688
privileges shall be conditioned upon the person's having the18689
permit in the person's possession at all times during which the18690
person is operating a vehicle.18691

       A person granted occupationallimited driving privileges who18692
operates a vehicle for other than occupationalthe authorized18693
purposes, in violation of any condition imposed by the court or18694
without having the permit in the person's possession, is guilty of18695
a violation of division (D)(1) of section 4507.024510.11 of the18696
Revised Code.18697

       (F) As used in divisions (C) and (D) of this section:18698

       (1) "Child" means a person who is under the age of eighteen18699
years, except that any person who violates a statute or ordinance18700
described in division (C) or (D) of this section prior to18701
attaining eighteen years of age shall be deemed a "child"18702
irrespective of the person's age at the time the complaint or18703
other equivalent document is filed in the other state or a18704
hearing, trial, or other proceeding is held in the other state on18705
the complaint or other equivalent document, and irrespective of18706
the person's age when the period of license suspension or denial18707
prescribed in division (C) or (D) of this section is imposed.18708

       (2) "Is convicted of or pleads guilty to" means, as it18709
relates to a child who is a resident of this state, that in a18710
proceeding conducted in a state or federal court located in18711
another state for a violation of a statute or ordinance described18712
in division (C) or (D) of this section, the result of the18713
proceeding is any of the following:18714

       (a) Under the laws that govern the proceedings of the court,18715
the child is adjudicated to be or admits to being a delinquent18716
child or a juvenile traffic offender for a violation described in18717
division (C) or (D) of this section that would be a crime if18718
committed by an adult;18719

       (b) Under the laws that govern the proceedings of the court,18720
the child is convicted of or pleads guilty to a violation18721
described in division (C) or (D) of this section;18722

       (c) Under the laws that govern the proceedings of the court,18723
irrespective of the terminology utilized in those laws, the result18724
of the court's proceedings is the functional equivalent of18725
division (F)(2)(a) or (b) of this section.18726

       Sec. 4510.21.  (A) No person whose driver's license,18727
commercial driver's license, temporary instruction permit, or18728
nonresident's operating privilege has been suspended shall operate18729
any motor vehicle upon a public road or highway or any public or18730
private property after the suspension has expired unless the18731
person has complied with all license reinstatement requirements18732
imposed by the court, the bureau of motor vehicles, or another18733
provision of the Revised Code.18734

       (B) Whoever violates this section is guilty of failure to18735
reinstate a license, a misdemeanor of the first degree. No court18736
shall impose a suspension for a violation of this section.18737

       Sec. 4507.168.        Sec. 4510.22.  (A) If a person who has a current18738
valid Ohio driver's or, commercial driver's license,or temporary18739
instruction permit is charged with a violation of any provision in18740
sections 4511.01 to 4511.76, section 4511.84, any provision in18741
sections 4513.01 to 4513.65, or any provision in sections 4549.0118742
to 4549.65 of the Revised Code that is classified as a misdemeanor18743
of the first, second, third, or fourth degree or with a violation18744
of any substantially equivalent municipal ordinance that is18745
substantially comparable to any provision of any of these sections18746
and if the person either fails to appear in court at the required18747
time and place to answer the charge or pleads guilty to or is18748
found guilty of the violation and fails within the time allowed by18749
the court to pay the fine imposed by the court, the court shall18750
declare the forfeituresuspension of the person's license. Thirty18751
days after the declaration of forfeiture, the court shall inform18752
the registrar of motor vehicles of the forfeituredeclaration by18753
entering information relative to the forfeituredeclaration on a18754
form approved and furnished by the registrar and sending the form18755
to the registrar. The court also shall forward the person's18756
license, if it is in the possession of the court, to the18757
registrar. The18758

       The registrar shall suspendimpose a class F suspension of18759
the person's driver's or commercial driver's license, or temporary18760
instruction permit for the period of time specified in division18761
(B)(6) of section 4510.02 of the Revised Code on any person who is18762
named in a declaration received by the registrar under this18763
section. The registrar shall send written notification of the18764
suspension to the person of the suspension at the person's last18765
known address, and, if the person is in possession of the license,18766
order the person to surrender the person's driver's or commercial18767
driver's license or permit to the registrar within forty-eight18768
hours. No18769

       No valid driver's or commercial driver's license shall be18770
granted to the person after the suspension, unless the court18771
having jurisdiction of the offense that led to the suspension18772
orders that the forfeituresuspension be terminated. The court18773
shall so order the termination of the suspension if the person,18774
after having failed to appear in court at the required time and18775
place to answer the charge or after having pleaded guilty to or18776
been found guilty of the violation and having failed within the18777
time allowed by the court to pay the fine imposed by the court,18778
thereafter appears to answer the charge and pays any fine imposed18779
by the court or pays the fine originally imposed by the court. The18780
court shall inform the registrar of the termination of the18781
forfeituresuspension by entering information relative to the18782
termination on a form approved and furnished by the registrar and18783
sending the form to the registrar. The court also shall charge18784
and collect from the person shall pay to the bureau of motor18785
vehicles a fifteen-dollar processing fee to cover the costs of the18786
bureau of motor vehicles in administering this section. The clerk18787
of the court shall transmit monthly all such processing fees to18788
the registrar forshall deposit the fee into the state bureau of18789
motor vehicles fund created by section 4501.25 of the Revised18790
Code.18791

       (B) In addition to suspending the driver's or commercial18792
driver's license or permit of the person named in a declaration of18793
forfeituresuspension, the registrar, upon receipt from the court18794
of the copy of the declaration of forfeituresuspension, shall18795
take any measures that may be necessary to ensure that neither the18796
registrar nor any deputy registrar accepts any application for the18797
registration or transfer of registration of any motor vehicle18798
owned or leased by the person named in the declaration of18799
forfeiture. However, for a motor vehicle leased by a person named18800
in a declaration of forfeiture, the registrar shall not implement18801
the preceding sentence until the registrar adopts procedures for18802
that implementation under section 4503.39 of the Revised Code. The18803
period of denial of registration or transfer shall continue until18804
such time as the court having jurisdiction of the offense that led18805
to the suspension of the person's driver's or commercial driver's18806
license orders the forfeituresuspension to be terminated. Upon18807
receipt by the registrar of an order terminating the forfeiture18808
suspension, the registrar also shall take any measures that may be18809
necessary to permit the person to register a motor vehicle owned18810
or leased by the person or to transfer the registration of such a18811
motor vehicle, if the person later makes application to take such18812
action and otherwise is eligible to register the motor vehicle or18813
to transfer its registration.18814

       The registrar shall not be required to give effect to any18815
declaration of forfeituresuspension or order terminating a18816
forfeituresuspension provided by a court under this section18817
unless the information contained in the declaration or order is18818
transmitted to the registrar by means of an electronic transfer18819
system.18820

       (C) The period of license suspension imposed pursuant to18821
division (A) of this section is independent of any other period of18822
license suspension that the court having jurisdiction over the18823
offense may impose, and the period of license suspension imposed18824
pursuant to that division and the period of denial relating to the18825
issuance or transfer of a certificate of registration for a motor18826
vehicle imposed pursuant to this division (B) of this section18827
remains in effect until the person pays any fine imposed by the18828
court relative to the offense.18829

       Sec. 4507.161.        Sec. 4510.23.  When any person having a driver's or18830
commercial driver's license is adjudicated incompetent for the18831
purpose of holding the license, as provided in section 5122.301 of18832
the Revised Code, the probate judge shall order the license of18833
suchthe person delivered to the court. The court shall forward18834
suchthe license with notice of suchthe adjudication to the18835
registrar of motor vehicles. The registrar of motor vehicles18836
shall suspend such licenseimpose a class F suspension of the18837
person's driver's or commercial driver's license for the period of18838
time specified in division (B)(6) of section 4510.02 of the18839
Revised Code. The suspension shall remain in effect until receipt18840
of written notice by the head of the hospital, or other agency18841
which has or had custody of such person, that such person's mental18842
illness is not an impairment to such person's ability to operate a18843
motor vehicle, or upon receipt of notice from the adjudicating18844
court that such person has been restored to competency by court18845
decree.18846

       Sec. 4507.162.        Sec. 4510.31.  (A)(1) Except as provided in18847
division (C) of this section, the registrar of motor vehicles18848
shall suspend the probationary driver's license, restricted18849
license, or temporary instruction permit issued to any person when18850
the person has been convicted of, pleaded guilty to, or been18851
adjudicated in juvenile court of having committed, prior to the18852
person's eighteenth birthday, any of the following:18853

       (1)(a) Three separate violations of section 2903.06,18854
2903.08, 2921.331, 4511.12, 4511.13, 4511.15, 4511.191, 4511.192,18855
4511.20, 4511.201, 4511.202, 4511.21, 4511.22, 4511.23, 4511.25 to18856
4511.48, 4511.57 to 4511.65, 4511.75, 4549.02, 4549.021, or18857
4549.03 of the Revised Code, section 4510.14 of the Revised Code18858
involving a suspension imposed under section 4511.191 or 4511.19618859
of the Revised Code, section 2903.04 of the Revised Code in a case18860
in which the person would have been subject to the sanctions18861
described in division (D) of that section had the person been18862
convicted of the violation of that section, former section 2903.0718863
of the Revised Code, or any municipal ordinances similarly18864
relating to the offenses referred to in those sections;18865

       (2)(b) One violation of section 4511.19 of the Revised Code18866
or a substantially similar municipal ordinance;18867

       (3)(c) Two separate violations of any of the Revised Code18868
sections referred to in division (A)(1)(a) of this section, or any18869
municipal ordinance that is substantially similar to any of those18870
sections.18871

       (2) Any person whose license or permit is suspended under18872
division (A)(1)(a), (2)(b), or (3)(c) of this section shall mail18873
or deliver the person's probationary driver's license, restricted18874
license, or temporary instruction permit to the registrar within18875
fourteen days of notification of the suspension. The registrar18876
shall retain the license or permit during the period of the18877
suspension. A suspension pursuant to division (A)(1)(a) of this18878
section shall remain in effect until one year has elapsed since18879
the date of suspension of the probationary driver's license,18880
restricted license, or temporary instruction permitbe a class C18881
suspension, a suspension pursuant to division (A)(2)(1)(b) of this18882
section shall remain in effect until six months have elapsed since18883
the date of the suspensionbe a class D suspension, and a18884
suspension pursuant to division (A)(3)(1)(c) of this section shall18885
remain in effect until ninety days have elapsed since the date of18886
the suspensionbe a class E suspension, all for the periods of18887
time specified in division (B) of section 4510.02 of the Revised18888
Code. If the person's probationary driver's license, restricted18889
license, or temporary instruction permit is under suspension on18890
the date the court imposes sentence upon the person for a18891
violation described in division (A)(2)(1)(b) of this section, the18892
suspension shall take effect on the next day immediately following18893
the end of that period of suspension. If the person is sixteen18894
years of age or older and pleads guilty to or is convicted of a18895
violation described in division (A)(2)(1)(b) of this section and18896
the person does not have a current, valid probationary driver's18897
license, restricted license, or temporary instruction permit, the18898
registrar shall deny the issuance to the person of a probationary18899
driver's license, restricted license, driver's license, commercial18900
driver's license, or temporary instruction permit, as the case may18901
be, for six months beginning on the date the court imposes18902
sentence upon the person for the violation. If the person has not18903
attained the age of sixteen years on the date the court imposes18904
sentence upon the person for the violation, the period of denial18905
shall commence on the date the person attains the age of sixteen18906
years.18907

       (B) The registrar also shall suspendimpose a class D18908
suspension for the period of time specified in division (B)(4) of18909
section 4510.02 of the Revised Code of the temporary instruction18910
permit or probationary driver's license of any person under the18911
age of eighteen who has been adjudicated an unruly child,18912
delinquent child, or a juvenile traffic offender for having18913
committed any act that if committed by an adult would be a drug18914
abuse offense as defined in section 2925.01 of the Revised Code,18915
or a violation of division (B) of section 2917.11 of the Revised18916
Code until the person reaches the age of eighteen years or18917
attends.The registrar, in the registrar's discretion, may18918
terminate the suspension if the child, at the discretion of the18919
court, attends and satisfactorily completes a drug abuse or18920
alcohol abuse education, intervention, or treatment program18921
specified by the court. Any person whose temporary instruction18922
permit or probationary driver's license is suspended under this18923
division shall mail or deliver the person's permit or license to18924
the registrar within fourteen days of notification of the18925
suspension. The registrar shall retain the permit or license18926
during the period of the suspension.18927

       (C)(1) A person is not entitled to request, and a court shall18928
not grant to the person, occupational driving privileges under18929
division (C) of this section if a person is convicted of, pleads18930
guilty to, or is adjudicated in juvenile court of having committed18931
a third violation of section 4511.12, 4511.13, 4511.15, 4511.20 to18932
4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or18933
4511.75 of the Revised Code or any similar municipal ordinances,18934
and the person, within the preceding seven years, has been18935
convicted of, pleaded guilty to, or adjudicated in juvenile court18936
of having committed three or more violations of one or more of the18937
following:18938

       (a) Division (A) or (B) of section 4511.19 of the Revised18939
Code;18940

       (b) A municipal ordinance relating to operating a vehicle18941
while under the influence of alcohol, a drug of abuse, or alcohol18942
and a drug of abuse;18943

       (c) A municipal ordinance relating to operating a vehicle18944
with a prohibited concentration of alcohol in the blood, breath,18945
or urine;18946

       (d) Section 2903.04 of the Revised Code in a case in which18947
the person was subject to the sanctions described in division (D)18948
of that section;18949

       (e) Division (A)(1) of section 2903.06 or division (A)(1) of18950
section 2903.08 of the Revised Code or a municipal ordinance that18951
is substantially similar to either of those divisions;18952

       (f) Division (A)(2), (3), or (4) of section 2903.06,18953
division (A)(2) of section 2903.08, or former section 2903.07 of18954
the Revised Code, or a municipal ordinance that is substantially18955
similar to any of those divisions or that former section, in a18956
case in which the jury or judge found that the person was under18957
the influence of alcohol, a drug of abuse, or alcohol and a drug18958
of abuse.18959

       (2) ForExcept as provided in division (C)(3) of this18960
section, for any other person who is not described in division18961
(C)(1) of this section and who is convicted of, pleads guilty to,18962
or is adjudicated in juvenile court of having committed a second18963
or third violation of section 4511.12, 4511.13, 4511.15, 4511.2018964
to 4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or18965
4511.75 of the Revised Code or any similar municipal ordinances18966
and whose license or permit is suspended under division (A)(1)(a)18967
or (c) of this section, the court in which the second or third18968
conviction, finding, plea, or adjudication resulting in the18969
suspension was made, upon petition of the person, may grant the18970
person occupationallimited driving privileges during the period18971
during which the suspension otherwise would be imposed under18972
division (A)(1)(a) or (c) of this section if the court finds that18973
the person will reach the person's eighteenth birthday before the18974
period of suspension required to be imposed under division (A)(1)18975
of this section expires and further finds reasonable cause to18976
believe that the suspension, if continued beyond the person's18977
eighteenth birthday, will seriously affect the person's ability to18978
continue in employment,educational training, vocational training,18979
or treatment. The occupational driving privileges granted under18980
this division shall be effective on the person's eighteenth18981
birthday and during the period following such birthday for which18982
the suspension otherwise would be imposed. In granting18983
occupationalthe limited driving privileges, the court shall18984
specify the purposes, times, and places at which the person may18985
driveof the privileges and may impose any other conditions upon18986
the person's use ofdriving a motor vehicle that the court18987
considers reasonable and necessary.18988

       A court that grants occupationallimited driving privileges18989
to a person under this division shall retain the person's18990
probationary driver's license, restricted license, or temporary18991
instruction permit during the period the license or permit is18992
suspended and also during the period for which occupational18993
limited driving privileges are granted, and shall deliver to the18994
person a permit card, in a form to be prescribed by the court,18995
setting forth the date on which the occupationallimited driving18996
privileges will become effective, the purposes for which the18997
person may drive, the times and places at which the person may18998
drive, and any other conditions imposed upon the person's use of a18999
motor vehicle.19000

       The court immediately shall notify the registrar, in writing,19001
of a grant of occupationallimited driving privileges under this19002
division. The notification shall specify the date on which the19003
occupationallimited driving privileges will become effective, the19004
purposes for which the person may drive, the times and places at19005
which the person may drive, and any other conditions imposed upon19006
the person's use of a motor vehicle. The registrar shall not19007
suspend the probationary driver's license, restricted license, or19008
temporary instruction permit of any person pursuant to division19009
(A) of this section during any period for which the person has19010
been granted occupationallimited driving privileges as provided19011
in this division, if the registrar has received the notification19012
described in this division from the court.19013

       (2)Except as provided in division (C)(3) of this section, in19014
any case in which the temporary instruction permit or probationary19015
driver's license of a person under eighteen years of age has been19016
suspended under division (A) or (B) of this section or any other19017
provision of law, the court may grant the person limited driving19018
privileges for the purpose of the person's practicing of driving19019
with the person's parent, guardian, or other custodian during the19020
period of the suspension. Any grant of limited driving privileges19021
under this division shall comply with division (D) of section19022
4510.021 of the Revised Code.19023

       (3) A court shall not grant limited driving privileges to a19024
person identified in division (C)(1) or (2) of this section if the19025
person, within the preceding six years, has been convicted of,19026
pleaded guilty to, or adjudicated in juvenile court of having19027
committed three or more violations of one or more of the divisions19028
or sections set forth in divisions (G)(2)(b) to (g) of section19029
2919.22 of the Revised Code.19030

       (D) If a person who has been granted occupationallimited19031
driving privileges under division (C) of this section is convicted19032
of, pleads guilty to, or is adjudicated in juvenile court of19033
having committed, a violation of section 4507.02Chapter4510. of19034
the Revised Code, or a fourth or subsequent violation of any of19035
the other sections of the Revised Code listed in division19036
(A)(1)(a) of this section or any similar municipal ordinance19037
during the period for which the person was granted occupational19038
limited driving privileges, the court that granted the19039
occupationallimited driving privileges shall revoke them and19040
cancelsuspend the person's permit card. The court or the clerk19041
of the court immediately shall forward the person's probationary19042
driver's license, restricted license, or temporary instruction19043
permit together with written notification of the court's action to19044
the registrar. Upon receipt of the license or permit and19045
notification, the registrar shall suspendimpose a class C19046
suspension of the person's probationary driver's license,19047
restricted license, or temporary instruction permit for athe19048
period of one yeartime specified in division (B)(3) of section19049
4510.02 of the Revised Code. The registrar shall retain the19050
license or permit during the period of suspension, and no further19051
occupationallimited driving privileges shall be granted during19052
that period.19053

       (E) No application for a driver's or commercial driver's19054
license shall be received from any person whose probationary19055
driver's license, restricted license, or temporary instruction19056
permit has been suspended under this section until each of the19057
following has occurred:19058

       (1) The suspension period has expired;19059

       (2) A temporary instruction permit or commercial driver's19060
license temporary instruction permit has been issued;19061

       (3) The person successfully completes a juvenile driver19062
improvement program approved by the registrar under division (F)19063
of this section 4510.311of the Revised Code;19064

       (4) The applicant has submitted to the examination for a19065
driver's license as provided for in section 4507.11 or a19066
commercial driver's license as provided in Chapter 4506. of the19067
Revised Code.19068

       (F) The registrar shall establish standards for juvenile19069
driver improvement programs and shall approve any such programs19070
that meet the established standards. The standards established by19071
the registrar shall require a minimum of five hours of classroom19072
instruction, with at least three hours devoted to driver skill19073
requirements and two hours devoted to juvenile driver information19074
related to the driving records of drivers under the age of19075
eighteen, driver perceptions, and the value of the traffic laws. 19076
The standards also shall require a person whose probationary19077
driver's license was suspended under this section to undertake and19078
pass, as successful completion of an approved juvenile driver19079
improvement program, the driver's license examination that a19080
person who holds a temporary instruction permit is required to19081
undertake and pass in order to be issued a probationary driver's19082
license. The person shall pay the applicable fee that is required19083
to accompany an application for a driver's license as prescribed19084
in division (E) of section 4507.23 of the Revised Code. The19085
registrar shall prescribe the requirements for the curriculum to19086
be provided as well as other program directives. Only those19087
programs approved by the registrar shall be acceptable for19088
reinstatement of the driving privileges of a person whose19089
probationary driver's license was suspended under this section.19090

       Sec. 4510.311.  The registrar of motor vehicles shall19091
establish standards for juvenile driver improvement programs and19092
shall approve any programs that meet the established standards.19093
The standards established by the registrar shall require a minimum19094
of five hours of classroom instruction, with at least three hours19095
devoted to driver skill requirements and two hours devoted to19096
juvenile driver information related to the driving records of19097
drivers under eighteen years of age, driver perceptions, and the19098
value of the traffic laws. The standards also shall require a19099
person whose probationary driver's license was suspended under19100
section 4510.31 of the Revised Code to undertake and pass, as19101
successful completion of an approved juvenile driver improvement19102
program, the driver's license examination that a person who holds19103
a temporary instruction permit is required to undertake and pass19104
in order to be issued a probationary driver's license. The person19105
shall pay the applicable fee that is required to accompany an19106
application for a driver's license as prescribed in division (E)19107
of section 4507.23 of the Revised Code. The registrar shall19108
prescribe the requirements for the curriculum to be provided as19109
well as other program directives. Only those programs approved by19110
the registrar shall be acceptable for reinstatement of the driving19111
privileges of a person whose probationary driver's license was19112
suspended under section 4510.31 of the Revised Code.19113

       Sec. 4507.061.        Sec. 4510.32.  (A) The registrar of motor vehicles19114
shall record within ten days of receipt and keep at the main19115
office of the bureau of motor vehicles all information provided to19116
the registrar by the superintendent of a school district in19117
accordance with division (B) of section 3321.13 of the Revised19118
Code.19119

       (B) Whenever the registrar receives a notice under division19120
(B) of section 3321.13 of the Revised Code, the registrar shall19121
suspendimpose a class F suspension of the temporary instruction19122
permit or driver's license of the person who is the subject of the19123
notice for the period of time specified in division (B)(6) of19124
section 4510.02 of the Revised Code, or, if the person has not19125
been issued such a temporary instruction permit or driver's19126
license, the registrar shall deny to the person the issuance of a19127
temporary instruction permit or driver's license. The19128
requirements of the second paragraph of section 119.06 of the19129
Revised Code do not apply to a suspension of a person's temporary19130
instruction permit or driver's license or a denial of a person's19131
opportunity to obtain a temporary instruction permit or driver's19132
license by the registrar under this division.19133

       (C) Upon suspending the temporary instruction permit or19134
driver's license of any person or denying any person the19135
opportunity to be issued such a license or permit as provided in19136
division (B) of this section, the registrar immediately shall19137
notify the person in writing of the suspension or denial and19138
inform the person that the person may petition for a hearing as19139
provided in division (E) of this section.19140

       (D) Any person whose permit or license is suspended under19141
this section shall mail or deliver the person's permit or license19142
to the registrar of motor vehicles within twenty days of19143
notification of the suspension; however, the person's permit or19144
license and the person's driving privileges shall be suspended19145
immediately upon receipt of the notification. The registrar may19146
retain the permit or license during the period of the suspension19147
or the registrar may destroy it under section 4507.544510.52 of19148
the Revised Code. Any such suspension of a person's permit or19149
license or denial of a person's opportunity to obtain a permit or19150
license under this section shall remain in effect until the person19151
attains eighteen years of age or until it is terminated prior to19152
the child's attainment of that age pursuant to division (F) of19153
this section.19154

       (E) Any person whose temporary instruction permit or19155
driver's license has been suspended, or whose opportunity to19156
obtain such a permit or license has been denied pursuant to this19157
section, may file a petition in the juvenile court in whose19158
jurisdiction the person resides alleging error in the action taken19159
by the registrar of motor vehicles under division (B) of this19160
section or alleging one or more of the matters within the scope of19161
the hearing, as described in this division, or both. The19162
petitioner shall notify the registrar and the superintendent of19163
the school district who gave the notice to the registrar and19164
juvenile judge under division (B) of section 3321.13 of the19165
Revised Code of the filing of the petition and send them copies of19166
the petition. The scope of the hearing is limited to the issues19167
of whether the notice given by the superintendent to the registrar19168
was in error and whether the suspension or denial of driving19169
privileges will result in substantial hardship to the petitioner.19170

       The registrar shall furnish the court a copy of the record19171
created in accordance with division (A) of this section. The19172
registrar and the superintendent shall furnish the court with any19173
other relevant information required by the court.19174

       In hearing the matter and determining whether the petitioner19175
has shown that the petitioner's temporary instruction permit or19176
driver's license should not be suspended or that the petitioner's19177
opportunity to obtain such a permit or license should not be19178
denied, the court shall decide the issue upon the information19179
furnished by the registrar and the superintendent and any such19180
additional evidence that the registrar, the superintendent, or the19181
petitioner submits.19182

       If the court finds from the evidence submitted that the19183
petitioner has failed to show error in the action taken by the19184
registrar under division (B) of this section and has failed to19185
prove any of the matters within the scope of the hearing, then the19186
court may assess the cost of the proceeding against the petitioner19187
and shall uphold the suspension of the petitioner's permit or19188
license or the denial of the petitioner's opportunity to obtain a19189
permit or license. If the court finds that the petitioner has19190
shown error in the action taken by the registrar under division19191
(B) of this section or has proved one or more of the matters19192
within the scope of the hearing, or both, the cost of the19193
proceeding shall be paid out of the county treasury of the county19194
in which the proceedings were held, and the suspension of the19195
petitioner's permit or license or the denial of the person's19196
opportunity to obtain a permit or license shall be terminated.19197

       (F) The registrar shall cancel the record created under this19198
section of any person who is the subject of a notice given under19199
division (B) of section 3321.13 of the Revised Code and shall19200
terminate the suspension of the person's permit or license or the19201
denial of the person's opportunity to obtain a permit or license,19202
if any of the following applies:19203

       (1) The person is at least eighteen years of age.19204

       (2) The person provides evidence, as the registrar shall19205
require by rule, of receipt of a high school diploma or a general19206
educational development certificate of high school equivalence.19207

       (3) The superintendent of a school district informs the19208
registrar that the notification of withdrawal, habitual absence19209
without legitimate excuse, suspension, or expulsion concerning the19210
person was in error.19211

       (4) The suspension or denial was imposed subsequent to a19212
notification given under division (B)(3) or (4) of section 3321.1319213
of the Revised Code, and the superintendent of a school district19214
informs the registrar that the person in question has satisfied19215
any terms or conditions established by the school as necessary to19216
terminate the suspension or denial of driving privileges.19217

       (5) The suspension or denial was imposed subsequent to a19218
notification given under division (B)(1) of section 3321.13 of the19219
Revised Code, and the superintendent of a school district informs19220
the registrar that the person in question is now attending school19221
or enrolled in and attending an approved program to obtain a19222
diploma or its equivalent to the satisfaction of the school19223
superintendent.19224

       (6) The suspension or denial was imposed subsequent to a19225
notification given under division (B)(2) of section 3321.13 of the19226
Revised Code, the person has completed at least one semester or19227
term of school after the one in which the notification was given,19228
the person requests the superintendent of the school district to19229
notify the registrar that the person no longer is habitually19230
absent without legitimate excuse, the superintendent determines19231
that the person has not been absent from school without legitimate19232
excuse in the current semester or term, as determined under that19233
division, for more than ten consecutive school days or for more19234
than fifteen total school days, and the superintendent informs the19235
registrar of that fact. If a person described in division (F)(6)19236
of this section requests the superintendent of the school district19237
to notify the registrar that the person no longer is habitually19238
absent without legitimate excuse and the superintendent makes the19239
determination described in this division, the superintendent shall19240
provide the information described in division (F)(6) of this19241
section to the registrar within five days after receiving the19242
request.19243

       (7) The suspension or denial was imposed subsequent to a19244
notification given under division (B)(2) of section 3321.13 of the19245
Revised Code, and the superintendent of a school district informs19246
the registrar that the person in question has received an age and19247
schooling certificate in accordance with section 3331.01 of the19248
Revised Code.19249

       (8) The person filed a petition in court under division (E)19250
of this section and the court found that the person showed error19251
in the action taken by the registrar under division (B) of this19252
section or proved one or more of the matters within the scope of19253
the hearing on the petition, as set forth in division (E) of this19254
section, or both.19255

       At the end of the suspension period under this section and19256
upon the request of the person whose temporary instruction permit19257
or driver's license was suspended, the registrar shall return the19258
driver's license or permit to the person or reissue the person's19259
license or permit under section 4507.544510.52 of the Revised19260
Code, if the registrar destroyed the suspended license or permit19261
under that section.19262

       Sec. 4507.163.        Sec. 4510.33.  (A) AnyNo person of insufficient19263
age to purchase intoxicating liquor or beer who, contrary to19264
division (A) or (C) of section 4507.30 of the Revised Code,19265
displaysshall display as proof that the person is of sufficient19266
age to purchase intoxicating liquor or beer, a driver's or19267
commercial driver's license, knowing the same to be fictitious,19268
altered, or not the person's own, shall thereby forfeit the19269
driving privileges authorized by.The registrar of motor vehicles19270
shall impose a class C suspension of the person's own driver's19271
license, probationary driver's license, commercial driver's19272
license, temporary instruction permit, or commercial driver's19273
license temporary instruction permit and be denied the issuance or19274
reissuance of any such license or permit by the registrar of motor19275
vehicles for one year beginning with the date on which19276
notification of such forfeiture and denial is mailed to the person19277
by the registrarfor the period of time specified in division19278
(B)(3) of section 4510.02 of the Revised Code upon the offender19279
and shall not issue or reissue a license or permit of that type to19280
the offender during the suspension period.19281

       (B) In any prosecution, or in any proceeding before the19282
liquor control commission, in which the defense authorized by19283
section 4301.639 of the Revised Code is sustained, the clerk of19284
the court in which the prosecution was had, or the clerk of the19285
liquor control commission, shall certify to the registrar the19286
facts ascertainable from the clerk's records evidencing violation19287
of division (A) or (C) of section 4507.30 of the Revised Code by a19288
person of insufficient age to purchase intoxicating liquor or19289
beer, including in the certification the person's name and19290
residence address.19291

       (C) The registrar, upon receipt of the certification, shall19292
suspend the person's license or permit to drive subject to review19293
as provided in this section, and shall mail to the person, at the19294
person's last known address, a notice of the suspension and of the19295
hearing provided in division (D) of this section.19296

       (D) Any person whose license or permit to drive has been19297
suspended under this section, within twenty days of the mailing of19298
the notice provided above, may file a petition in the municipal19299
court or county court, or in case the person is under the age of19300
eighteen years, in the juvenile court, in whose jurisdiction the19301
person resides, agreeing to pay the cost of the proceedings, and19302
alleging error by the registrar in the suspension of the license19303
or permit to drive, or in one or more of the matters within the19304
scope of the hearing as provided in this section, or both. The19305
petitioner shall notify the registrar of the filing of the19306
petition and send the registrar a copy thereof. The scope of the19307
hearing shall be limited to whether a court of record did in fact19308
find that the petitioner displayed, or, if the original19309
proceedings were before the liquor control commission, whether the19310
petitioner did in fact display, as proof that the person was of19311
sufficient age to purchase intoxicating liquor or beer, a driver's19312
or commercial driver's license knowing the same to be fictitious,19313
altered, or not the person's own, and whether the person was at19314
that time of insufficient age legally to make a purchase of19315
intoxicating liquor or beer.19316

       (E) In any hearing authorized by this section, the registrar19317
shall be represented by the prosecuting attorney of the county19318
where the petitioner resides.19319

       (F) If the court finds from the evidence submitted that the19320
person has failed to show error in the action by the registrar or19321
in one or more of the matters within the scope of the hearing as19322
limited in division (D) of this section, or both, the court shall19323
assess the cost of the proceeding against the person and shall19324
impose the suspension provided in divisions (A) and (C) of this19325
section. If the court finds that the person has shown error in19326
the action taken by the registrar, or in one or more of the19327
matters within the scope of the hearing as limited in division (B)19328
of this section, or both, the cost of the proceeding shall be paid19329
out of the county treasury of the county in which the proceedings19330
were held, and the suspension provided in divisions (A) and (C) of19331
this section shall not be imposed. The court shall inform the19332
registrar in writing of the action taken.19333

       4507.167.       Sec. 4510.34.  (A) The registrar of motor vehicles19334
shall revokeimpose a class F suspension for the period of time19335
specified in division (B)(6) of section 4510.02 of the Revised19336
Code of the probationary motorized bicycle license issued to any19337
person when the person has been convicted of, pleaded no contest19338
to and been found guilty of, or pleaded guilty to, in any court of19339
competent jurisdiction, or has been adjudicated in juvenile court19340
of having committed, a violation of division (A) or (D) of section19341
4511.521 of the Revised Code, or of any other section of the19342
Revised Code or similar municipal ordinance for which points are19343
chargeable under section 4507.0214510.036 of the Revised Code.19344

       (B) Any person whose license is revokedsuspended under this19345
section shall mail or deliver histhe probationary motorized19346
bicycle license to the registrar within fourteen days of19347
notification of such revocationthe suspension. The registrar19348
shall retain suchthe license during the period of revocation19349
suspension. Any such revocation shall remain in effect until the19350
person reaches sixteen years of age.19351

       (C) No application for a motorized bicycle license or19352
probationary motorized bicycle license shall be received from any19353
person whose probationary motorized bicycle license has been19354
revokedsuspended under this section until the person reaches19355
sixteen years of age.19356

       Sec. 4507.38.        Sec. 4510.41.  (A) As used in this section:19357

       (1) "Arrested person" means a person who is arrested for a19358
violation of division (B)(1) or (D)(2) of section 4507.02 or19359
section 4507.334510.14, 4510.16,or4511.203 of the Revised Code,19360
or a municipal ordinance that is substantially equivalent to any19361
of those Revised Code provisionssections, and whose arrest19362
results in a vehicle being seized under division (B) of this19363
section.19364

       (2) "Vehicle owner" means either of the following:19365

       (a) The person in whose name is registered, at the time of19366
the seizure, a vehicle that is seized under division (B) of this19367
section;19368

       (b) A person to whom the certificate of title to a vehicle19369
that is seized under division (B) of this section has been19370
assigned and who has not obtained a certificate of title to the19371
vehicle in that person's name, but who is deemed by the court as19372
being the owner of the vehicle at the time the vehicle was seized19373
under division (B) of this section.19374

       (3) "Interested party" includes the owner of a vehicle19375
seized under this section, all lienholders of such a vehicle, the19376
arrested person, the owner of the place of storage at which a19377
vehicle seized under this section is stored, and the person or19378
entity that caused the vehicle to be removed.19379

       (B)(1) If a person is arrested for a violation of division19380
(B)(1) or (D)(2) of section 4507.02 or section 4507.334510.14,19381
4510.16,or4511.203 of the Revised Code, or a municipal ordinance19382
that is substantially equivalent to any of those Revised Code19383
provisionssections, the arresting officer or another officer of19384
the law enforcement agency that employs the arresting officer, in19385
addition to any action that the arresting officer is required or19386
authorized to take by any other provision of law, shall seize the19387
vehicle that the person was operating at the time of,or that was19388
involved in, the alleged offense if the vehicle is registered in19389
the arrested person's name and its license plates. Except as19390
otherwise provided in this division, the officer shall seize the19391
vehicle and its license plates regardless of whether the vehicle19392
is registered in the name of the arrested person or in the name of19393
another person or entity. This section does not apply to or19394
affect any rented or leased vehicle that is being rented or leased19395
for a period of thirty days or less, except that aA law19396
enforcement agency that employs a law enforcement officer who19397
makes an arrest of a type that is described in this division19398
(B)(1) of this section and that involves a rented or leased19399
vehicle of this typethat is being rented or leased for a period19400
of thirty days or less shall notify, within twenty-four hours19401
after the officer makes the arrest, the lessor or owner of the19402
vehicle regarding the circumstances of the arrest and the location19403
at which the vehicle may be picked up. At the time of the seizure19404
of the vehicle, the law enforcement officer who made the arrest19405
shall give the arrested person written notice that the vehicle and19406
its license plates have been seized; that the vehicle either will19407
be kept by the officer's law enforcement agency or will be19408
immobilized at least until the person's initial appearance on the19409
charge of the offense for which the arrest was made; that, at the19410
initial appearance, the court in certain circumstances may order19411
that the vehicle and license plates be released to the vehicle19412
ownerarrested person until the disposition of that charge; that,19413
if the arrested person is convicted of that charge, the court19414
generally must order the immobilization of the vehicle and the19415
impoundment of its license plates or the forfeiture of the19416
vehicle; and that, if the arrested person is not the vehicle19417
owner, the arrested person immediately should inform the vehicle19418
owner that the vehicle and its license plates have been seized and19419
that the vehicle owner may be able to obtain their release at the19420
initial appearance or thereaftermay be charged expenses or19421
charges incurred under this section and section 4503.233 of the19422
Revised Code for the removal and storage of the vehicle.19423

       (2) The arresting officer or a law enforcement officer of19424
the agency that employs the arresting officer shall give written19425
notice of the seizure to the court that will conduct the initial19426
appearance of the arrested person the arrested personon the19427
charges arising out of the arrest. The notice shall be given when19428
the charges are filed against the arrested person. Upon receipt19429
of the notice, the court promptly shall determine whether the19430
arrested person is the vehicle owner and whether there are any19431
liens recorded on the certificate of title to the vehicle. If the19432
court determines that the arrested person is not the vehicle19433
owner, it promptly shall send by regular mail written notice of19434
the seizure of the motor vehicle to the vehiclevehicle's19435
registered owner and to all lienholders recorded on the19436
certificate of title. The written notice to the vehicle owner and19437
lienholders shall contain all of the information required by19438
division (B)(1) of this section to be in a notice to be given to19439
the arrested person and also shall specify the date, time, and19440
place of the arrested person's initial appearance the arrested19441
person. The notice also shall inform the vehicle owner that if19442
title to a motor vehicle that is subject to an order for criminal19443
forfeiture under this section is assigned or transferred and19444
division (B)(2) or (3) of section 4503.234 of the Revised Code19445
applies, the court may fine the arrested person the value of the19446
vehicle. The notice to the vehicle owner also shall state that if19447
the vehicle is immobilized under division (A) of section 4503.23319448
of the Revised Code, seven days after the end of the period of19449
immobilization a law enforcement agency will send the vehicle19450
owner a notice, informing the owner that if the owner does not19451
obtain the release of the vehicle is not obtained in accordance19452
with division (D)(3) of section 4503.233 of the Revised Code, the19453
vehicle shall be forfeited. The notice also shall inform the19454
vehicle owner that the owner may be charged expenses or charges19455
incurred under this section and section 4503.233 of the Revised19456
Code for the removal and storage of the vehicle.19457

       The written notice that is given or delivered to the vehicle19458
ownerarrested person also shall state that if the arrested person19459
pleads guilty to or is convicted of or pleads guilty to the19460
offense for which the arrested person was arrested and the court19461
issues an immobilization and impoundment order relative to that19462
vehicle, division (D)(4) of section 4503.233 of the Revised Code19463
prohibits the vehicle from being sold during the period of19464
immobilization without the prior approval of the court.19465

       (3) At or before the initial appearance, the vehicle owner19466
may file a motion requesting the court to order that the vehicle19467
and its license plates be released to the vehicle owner. Except19468
as provided in this division and subject to the payment of19469
expenses or charges incurred in the removal and storage of the19470
vehicle, the court, in its discretion, then may issue an order19471
releasing the vehicle and its license plates to the vehicle owner.19472
Such an order may be conditioned upon such terms as the court19473
determines appropriate, including the posting of a bond in an19474
amount determined by the court. If the arrested person is not the19475
vehicle owner and if the vehicle owner is not present at the19476
arrested person's initial appearance, and if the court believes19477
that the vehicle owner was not provided with adequate notice of19478
the initial appearance, the court, in its discretion, may allow19479
the vehicle owner to file a motion within seven days of the19480
initial appearance. If the court allows the vehicle owner to file19481
such a motion after the initial appearance, the extension of time19482
granted by the court does not extend the time within which the19483
initial appearance is to be conducted. If the court issues an19484
order for the release of the vehicle and its license plates, a19485
copy of the order shall be made available to the vehicle owner. If19486
the vehicle owner presents a copy of the order to the law19487
enforcement agency that employs the law enforcement officer who19488
arrested the arrested person who was operating the vehicle, the19489
law enforcement agency promptly shall release the vehicle and its19490
license plates to the vehicle owner upon payment by the vehicle19491
owner of any expenses or charges incurred in the removal or19492
storage of the vehicle.19493

       (4) A vehicle seized under division (B)(1) of this section19494
either shall be towed to a place specified by the law enforcement19495
agency that employs the arresting officer to be safely kept by the19496
agency at that place for the time and in the manner specified in19497
this section or shall be otherwise immobilized for the time and in19498
the manner specified in this section. A law enforcement officer19499
of that agency shall remove the identification license plates of19500
the vehicle, and they shall be safely kept by the agency for the19501
time and in the manner specified in this section. No vehicle that19502
is seized and either towed or immobilized pursuant to this19503
division shall be considered contraband for purposes of section19504
2933.41, 2933.42, or 2933.43 of the Revised Code. The vehicle19505
shall not be immobilized at any place other than a commercially19506
operated private storage lot, a place owned by a law enforcement19507
or other government agency, or a place to which one of the19508
following applies:19509

       (a) The place is leased by or otherwise under the control of19510
a law enforcement or other government agency.19511

       (b) The place is owned by the arrested person, the arrested19512
person's spouse, or a parent or child of the arrested person.19513

       (c) The place is owned by a private person or entity, and,19514
prior to the immobilization, the private entity or person that19515
owns the place, or the authorized agent of that private entity or19516
person, has given express written consent for the immobilization19517
to be carried out at that place.19518

       (d) The place is a public street or highway on which the19519
vehicle is parked in accordance with the law.19520

       (C)(1) A vehicle that is seized under division (B) of this19521
section shall be safely kept at the place to which it is towed or19522
otherwise moved by the law enforcement agency that employs the19523
arresting officer until the initial appearance of the arrested19524
person relative to the charge the arrested person in question. The19525
license plates of the vehicle that are removed pursuant to19526
division (B) of this section shall be safely kept by the law19527
enforcement agency that employs the arresting officer until at19528
least the initial appearance of the arrested person relative to19529
the charge in question.19530

       (2)(a) the owner's the owner the owner the owner's the owner19531
the owner's the owner's the arrested person the vehicle owner's19532
the owner's the owner's the arrested person the court also shall19533
notify the arrested person, and the movant if the movant is not19534
the arrested person, that if title to a motor vehicle that is19535
subject to an order for criminal forfeiture under this section is19536
assigned or transferred and division (C)(2) or (3) of section19537
4503.234 of the Revised Code applies, the court may fine the19538
offender the value of the vehicle. the owner'sAt the initial19539
appearance or not less than seven days prior to the date of final19540
disposition, the court shall notify the arrested person that, if19541
title to a motor vehicle that is subject to an order for criminal19542
forfeiture under this section is assigned or transferred and19543
division (B)(2) or (3) of section 4503.234 of the Revised Code19544
applies, the court may fine the arrested person the value of the19545
vehicle. If, at the initial appearance, the arrested person19546
pleads guilty to the violation of division (B)(1) or (D)(2) of19547
section 4507.02 or section 4507.334510.14, 4510.16,or4511.20319548
of the Revised Code, or a municipal ordinance that is19549
substantially equivalent to any of those Revised Code provisions19550
sections or pleads no contest to and is convicted of the19551
violation, the court shall impose sentence upon the arrested19552
person as provided by law or ordinance; the court, except as19553
provided in this division and subject to section 4503.235 of the19554
Revised Code, shall order the immobilization of the vehicle the19555
arrested person was operating at the time of, or that was involved19556
in, the offense if registered in the arrested person's name and19557
the impoundment of its license plates under section 4503.233 and19558
section 4507.361 or 4507.994510.14, 4510.16, 4510.161,or19559
4511.203 of the Revised Code or the criminal forfeiture to the19560
state of the vehicle if registered in the arrested person's name19561
under section 4503.234 and section 4507.361 or 4507.994510.14,19562
4510.16, 4510.161,or4511.203 of the Revised Code, whichever is19563
applicable; and the vehicle and its identification license plates19564
shall not be returned or released to the vehicle ownerarrested19565
person. If the arrested person is not the vehicle owner and the19566
vehicle owner the owner's is not present at the arrested person's19567
initial appearance and if the court believes that the vehicle19568
owner was not provided adequate notice of the initial appearance,19569
the court, in its discretion, may refrain for a period of time not19570
exceeding seven days from ordering the immobilization of the19571
vehicle and the impoundment of its license plates or the criminal19572
forfeiture of the vehicle so that the vehicle owner the owner's19573
may appear before the court to present evidence as to why the19574
court should not order the immobilization of the vehicle and the19575
impoundment of its license plates or the criminal forfeiture of19576
the vehicle. If the court refrains from ordering the19577
immobilization of the vehicle and the impoundment of its license19578
plates or the criminal forfeiture of the vehicle, section 4503.23519579
of the Revised Code applies relative to the order of19580
immobilization and impoundment or the order of forfeiture.19581

       (b) If, at any time, the charge that the arrested person19582
violated division (B)(1) or (D)(2) of section 4507.02 or section19583
4507.334510.14, 4510.16,or4511.203 of the Revised Code, or a19584
municipal ordinance that is substantially equivalent to any of19585
those Revised Code provisionssections is dismissed for any19586
reason, the court shall order that the vehicle seized at the time19587
of the arrest and its license plates immediately be released to19588
the vehicle owner subject to the payment of expenses or the19589
owner's charges incurred in the removal and storage of the vehicle19590
person.19591

       (D) If a vehicle isand its license plates are seized under19592
division (B) of this section the arrested person and it isare not19593
returned or released to the vehicle owner the owner'sarrested19594
person pursuant to division (C) of this section, the vehicle and19595
its license plates shall be retained until the final disposition19596
of the charge in question. Upon the final disposition of that19597
charge, the court shall do whichever of the following is19598
applicable:19599

       (1) If the arrested person is convicted of or pleads guilty19600
to the violation of division (B)(1) or (D)(2) of section 4507.0219601
or section 4507.334510.14, 4510.16, or4511.203 of the Revised19602
Code, or a municipal ordinance that is substantially equivalent to19603
any of those Revised Code provisionssections, the court shall19604
impose sentence upon the arrested person as provided by law or19605
ordinance and, subject to section 4503.235 of the Revised Code,19606
shall order the immobilization of the vehicle the arrested person19607
was operating at the time of, or that was involved in, the offense19608
if it is registered in the arrested person's name and the19609
impoundment of its license plates under section 4503.233 and19610
section 4507.361 or 4507.994510.14, 4510.16, 4510.161,or19611
4511.203 of the Revised Code or the criminal forfeiture of the19612
vehicle if it is registered in the arrested person's name under19613
section 4503.234 and section 4507.361 or 4507.994510.14, 4510.16,19614
4510.161,or4511.203 of the Revised Code, whichever is19615
applicable.19616

       (2) If the arrested person is found not guilty of the19617
violation of division (B)(1) or (D)(2) of section 4507.02 or19618
section 4507.334510.14, 4510.16,or4511.203 of the Revised Code,19619
or a municipal ordinance that is substantially equivalent to any19620
of those Revised Code provisionssections, the court shall order19621
that the vehicle and its license plates immediately be released to19622
the vehicle owner upon the payment of any expenses or the owner's19623
charges incurred in its removal and storagearrested person.19624

       (3) If the charge that the arrested person violated division19625
(B)(1) or (D)(2) of section 4507.02 or section 4507.334510.14,19626
4510.16,or4511.203 of the Revised Code, or a municipal ordinance19627
that is substantially equivalent to any of those Revised Code19628
provisionssections is dismissed for any reason, the court shall19629
order that the vehicle and its license plates immediately be19630
released to the vehicle owner upon the payment of any expenses or19631
the owner's charges incurred in its removal and storagearrested19632
person.19633

       the arrested person the owner's the owner's the arrested19634
person19635

       (4)If the impoundment of the vehicle was not authorized19636
under this section, the court shall order that the vehicle and its19637
license plates be returned immediately to the arrested person or,19638
if the arrested person is not the vehicle owner, to the vehicle19639
owner and shall order that the state or political subdivision of19640
the law enforcement agency served by the law enforcement officer19641
who seized the vehicle pay all expenses and charges incurred in19642
its removal and storage.19643

       (E) If a vehicle is seized under division (B) of this19644
section, the time between the seizure of the vehicle and either19645
its release to the vehicle owner the owner'sarrested person19646
pursuant to division (C) of this section or the issuance of an19647
order of immobilization of the vehicle under section 4503.233 of19648
the Revised Code shall be credited against the period of19649
immobilization ordered by the court.19650

       (F)(1) The vehicle ownerExcept as provided in division19651
(D)(4) of this section, the arrested person may be charged19652
expenses or charges incurred in the removal and storage of the19653
immobilized vehicle. The court with jurisdiction over the case,19654
after notice to all interested parties, including lienholders, and19655
after an opportunity for them to be heard, if the vehicle owner19656
fails to appear in person, without good cause, or if the court19657
finds that the vehicle ownerarrested person does not intend to19658
seek release of the vehicle at the end of the period of19659
immobilization under section 4503.233 of the Revised Code or that19660
the vehicle ownerarrested person is not or will not be able to19661
pay the expenses and charges incurred in its removal and storage,19662
may order that title to the vehicle be transferred, in order of19663
priority, first into the name of the person or entity that removed19664
it, next into the name of a lienholder, or lastly into the name of19665
the owner of the place of storage.19666

       Any lienholder that receives title under a court order shall19667
do so on the condition that it pay any expenses or charges19668
incurred in the vehicle's removal and storage. If the person or19669
entity that receives title to the vehicle is the person or entity19670
that removed it, the person or entity shall receive title on the19671
condition that it pay any lien on the vehicle. The court shall19672
not order that title be transferred to any person or entity other19673
than the owner of the place of storage if the person or entity19674
refuses to receive the title. Any person or entity that receives19675
title either may keep title to the vehicle or may dispose of the19676
vehicle in any legal manner that it considers appropriate,19677
including assignment of the certificate of title to the motor19678
vehicle to a salvage dealer or a scrap metal processing facility.19679
The person or entity shall not transfer the vehicle to the person19680
who is the vehicle's immediate previous owner.19681

       If the person or entity that receives title assigns the motor19682
vehicle to a salvage dealer or scrap metal processing facility,19683
the person or entity shall send the assigned certificate of title19684
to the motor vehicle to the clerk of the court of common pleas of19685
the county in which the salvage dealer or scrap metal processing19686
facility is located. The person or entity shall mark the face of19687
the certificate of title with the words "FOR DESTRUCTION" and19688
shall deliver a photocopy of the certificate of title to the19689
salvage dealer or scrap metal processing facility for its records.19690

       (2) Whenever a court issues an order under division (F)(1)19691
of this section, the court also shall order removal of the license19692
plates from the vehicle and cause them to be sent to the registrar19693
if they have not already been sent to the registrar. Thereafter,19694
no further proceedings shall take place under this section or19695
under section 4503.233 of the Revised Code.19696

       (3) Prior to initiating a proceeding under division (F)(1)19697
of this section, and upon payment of the fee under division (B) of19698
section 4505.14, any interested party may cause a search to be19699
made of the public records of the bureau of motor vehicles or the19700
clerk of the court of common pleas, to ascertain the identity of19701
any lienholder of the vehicle. The initiating party shall furnish19702
this information to the clerk of the court with jurisdiction over19703
the case, and the clerk shall provide notice to the vehicle owner,19704
the defendantarrested person, any lienholder, and any other19705
interested parties listed by the initiating party, at the last19706
known address supplied by the initiating party, by certified mail,19707
or, at the option of the initiating party, by personal service or19708
ordinary mail.19709

       the offender19710

       Sec. 4510.43.  (A)(1) The director of public safety, upon19711
consultation with the director of health and in accordance with19712
Chapter 119. of the Revised Code, shall certify immobilizing and19713
disabling devices and shall publish and make available to the19714
courts, without charge, a list of approved devices together with19715
information about the manufacturers of the devices and where they19716
may be obtained. The manufacturer of an immobilizing or disabling19717
device shall pay the cost of obtaining the certification of the19718
device to the director of public safety, and the director shall19719
deposit the payment in the drivers' treatment and intervention19720
fund established by sections 4511.19 and 4511.191 of the Revised19721
Code.19722

       (2) The director of public safety, in accordance with19723
Chapter 119. of the Revised Code, shall adopt and publish rules19724
setting forth the requirements for obtaining the certification of19725
an immobilizing or disabling device. The director of public19726
safety shall not certify an immobilizing or disabling device under19727
this section unless it meets the requirements specified and19728
published by the director in the rules adopted pursuant to this19729
division. A certified device may consist of an ignition interlock19730
device, an ignition blocking device initiated by time or magnetic19731
or electronic encoding, an activity monitor, or any other device19732
that reasonably assures compliance with an order granting limited19733
driving privileges.19734

       The requirements for an immobilizing or disabling device that19735
is an ignition interlock device shall include provisions for19736
setting a minimum and maximum calibration range and shall include,19737
but shall not be limited to, specifications that the device19738
complies with all of the following:19739

       (a) It does not impede the safe operation of the vehicle.19740

       (b) It has features that make circumvention difficult and19741
that do not interfere with the normal use of the vehicle.19742

       (c) It correlates well with established measures of alcohol19743
impairment.19744

       (d) It works accurately and reliably in an unsupervised19745
environment.19746

       (e) It is resistant to tampering and shows evidence of19747
tampering if tampering is attempted.19748

       (f) It is difficult to circumvent and requires premeditation19749
to do so.19750

       (g) It minimizes inconvenience to a sober user.19751

       (h) It requires a proper, deep-lung breath sample or other19752
accurate measure of the concentration by weight of alcohol in the19753
breath.19754

       (i) It operates reliably over the range of automobile19755
environments.19756

       (j) It is made by a manufacturer who is covered by product19757
liability insurance.19758

       (3) The director of public safety may adopt, in whole or in19759
part, the guidelines, rules, regulations, studies, or independent19760
laboratory tests performed and relied upon by other states, or19761
their agencies or commissions, in the certification or approval of19762
immobilizing or disabling devices.19763

       (4) The director of public safety shall adopt rules in19764
accordance with Chapter 119. of the Revised Code for the design of19765
a warning label that shall be affixed to each immobilizing or19766
disabling device upon installation. The label shall contain a19767
warning that any person tampering, circumventing, or otherwise19768
misusing the device is subject to a fine, imprisonment, or both19769
and may be subject to civil liability.19770

       (B) A court considering the use of a prototype device in a19771
pilot program shall advise the director of public safety, thirty19772
days before the use, of the prototype device and its protocol,19773
methodology, manufacturer, and licensor, lessor, other agent, or19774
owner, and the length of the court's pilot program. A prototype19775
device shall not be used for a violation of section 4510.14 or19776
4511.19 of the Revised Code, a violation of a municipal OVI19777
ordinance, or in relation to a suspension imposed under section19778
4511.191 of the Revised Code. A court that uses a prototype19779
device in a pilot program, periodically during the existence of19780
the program and within fourteen days after termination of the19781
program, shall report in writing to the director of public safety19782
regarding the effectiveness of the prototype device and the19783
program.19784

       (C) If a person has been granted limited driving privileges19785
with a condition of the privileges being that the motor vehicle19786
that is operated under the privileges must be equipped with an19787
immobilizing or disabling device, all of the following apply:19788

       (1) If a motor vehicle to be driven under the limited19789
driving privileges is owned by the person's employer and if the19790
person is required to operate that motor vehicle in the course and19791
scope of the offender's employment, the person may operate that19792
vehicle without the installation of an immobilizing or disabling19793
device, provided that the employer has been notified that the19794
person has limited driving privileges and of the nature of the19795
restriction and that the person has proof of the employer's19796
notification in the person's possession while operating the19797
employer's vehicle for normal business duties. A motor vehicle19798
owned by a business that is partly or entirely owned or controlled19799
by a person with limited driving privileges is not a motor vehicle19800
owned by an employer, for purposes of this division.19801

       (2) If the motor vehicle to be driven under the limited19802
driving privileges is registered in a state other than this state,19803
instead of installing on that vehicle an immobilizing or disabling19804
device, the person with the limited driving privileges shall19805
display on the vehicle a decal, as prescribed by the registrar of19806
motor vehicles, that states that the vehicle is subject to limited19807
driving privileges in this state and that describes the19808
restriction. The decal shall be displayed on the bottom left19809
cornerof the back window of the vehicle or, if there is no back19810
window, on the bottom left corner of the windshield of the19811
vehicle.19812

       Sec. 4510.44.  (A)(1) No offender with limited driving19813
privileges, during any period that the offender is required to19814
operate only a motor vehicle equipped with an immobilizing or19815
disabling device, shall request or permit any other person to19816
breathe into the device if it is an ignition interlock device or19817
another type of device that monitors the concentration of alcohol19818
in a person's breath or to otherwise start the motor vehicle19819
equipped with the device, for the purpose of providing the19820
offender with an operable motor vehicle.19821

       (2)(a) Except as provided in division (A)(2)(b) of this19822
section, no person shall breathe into an immobilizing or disabling19823
device that is an ignition interlock device or another type of19824
device that monitors the concentration of alcohol in a person's19825
breath or otherwise start a motor vehicle equipped with an19826
immobilizing or disabling device, for the purpose of providing an19827
operable motor vehicle to an offender with limited driving19828
privileges who is permitted to operate only a motor vehicle19829
equipped with an immobilizing or disabling device.19830

       (b) Division (A)(2)(a) of this section does not apply to a19831
person in the following circumstances:19832

       (i) The person is an offender with limited driving19833
privileges.19834

       (ii) The person breathes into an immobilizing or disabling19835
device that is an ignition interlock device or another type of19836
device that monitors the concentration of alcohol in a person's19837
breath or otherwise starts a motor vehicle equipped with an19838
immobilizing or disabling device.19839

       (iii) The person breathes into the device or starts the19840
vehicle for the purpose of providing the person with an operable19841
motor vehicle.19842

       (3) No unauthorized person shall tamper with or circumvent19843
the operation of an immobilizing or disabling device.19844

       (B) Whoever violates this section is guilty of an19845
immobilizing or disabling device violation, a misdemeanor of the19846
first degree.19847

       Sec. 4507.54.        Sec. 4510.52.  (A) Upon the receipt of any driver's19848
license or commercial driver's license or permit that has been19849
suspended, revoked,or canceled, or forfeited under any provision19850
of law, and notwithstanding any other provision of law that19851
requires the registrar of motor vehicles to retain the license or19852
permit, the registrar may destroy the license or permit.19853

       (B) If, as authorized by division (A) of this section, the19854
registrar destroys a license or permit that has been suspended,19855
revoked,or canceled, or forfeited, hethe registrar shall reissue19856
or authorize the reissuance of a new license or permit to the19857
person to whom the destroyed license or permit orginally19858
originally was issued upon payment of a fee in the same amount as19859
the fee specified in division (C) of section 4507.23 of the19860
Revised Code for a duplicate license or permit and upon payment of19861
a service fee in the same amount as specified in division (D) of19862
section 4503.10 of the Revised Code if issued by a deputy19863
registrar or in division (G) of that section if issued by the19864
registrar.19865

       This division applies only if the driver's license or19866
commercial driver's license or permit that was destroyed would19867
have been valid at the time the person applies for the duplicate19868
license or permit. A duplicate driver's license or commercial19869
driver's license or permit issued under this section shall bear19870
the same expiration date that appeared on the license or permit it19871
replaces.19872

       Sec. 4507.55.        Sec. 4510.53.  (A) Upon the receipt of any driver's19873
or commercial driver's license or permit that has been revoked or19874
suspended under section 4511.19or 4511.191 of the Revised Code,19875
the registrar of motor vehicles, notwithstanding any other19876
provision of law that purports to require himthe registrar to19877
retain the license or permit, may destroy the license or permit.19878

       (B)(1) Subject to division (B)(2) of this section, if a19879
driver's or commercial driver's license or permit that has been19880
suspended under section 4511.19or 4511.191 of the Revised Code is19881
delivered to the registrar and if the registrar destroys the19882
license or permit under authority of division (A) of this section,19883
the registrar shall reissue or authorize the reissuance of a19884
driver's or commercial driver's license to the person, free of19885
payment of any type of fee or charge, if either of the following19886
applies:19887

       (a) The person appeals the suspension of the license or19888
permit at hisor within thirty days of the person's initial19889
appearance, pursuant to division (H) of section 4511.1914511.19719890
of the Revised Code, the judge of the court of record or the mayor19891
of the mayor's court who conducts the initial appearance19892
terminates the suspension, and the judge or mayor does not suspend19893
the license or permit under section 4511.196 of the Revised Code;19894

       (b) The person appeals the suspension of the license or19895
permit at hisor within thirty days of the person's initial19896
appearance, pursuant to division (H) of section 4511.1914511.19719897
of the Revised Code, the judge of the court of record or the mayor19898
of the mayor's court who conducts the initial appearance does not19899
terminate the suspension, the person appeals the judge's or19900
mayor's decision not to terminate the suspension that is made at19901
the initial appearance, and upon appeal of the decision, the19902
suspension is terminated.19903

       (2) Division (B)(1) of this section applies only if the19904
driver's or commercial driver's license that was destroyed would19905
have been valid at the time in question, if it had not been19906
destroyed as permitted by division (A) of this section.19907

       (C) A driver's or commericalcommercial driver's license or19908
permit issued to a person pursuant to division (B)(1) of this19909
section shall bear the same expiration date as the expiration date19910
that appeared on the license it replaces.19911

       Sec. 4510.54.  (A) A person whose driver's or commercial19912
driver's license has been suspended for life under a class one19913
suspension or as otherwise provided by law or has been suspended19914
for a period in excess of fifteen years under a class two19915
suspension may file a motion with the sentencing court for19916
modification or termination of the suspension. A motion under19917
this division may be heard only once. The person filing the19918
motion shall demonstrate all of the following:19919

       (1) At least fifteen years have elapsed since the suspension19920
began.19921

       (2) For the past fifteen years, the person has not been19922
found guilty of any felony, any offense involving a moving19923
violation under federal law, the law of this state, or the law of19924
any of its political subdivisions, or any violation of a19925
suspension under this chapter or a substantially equivalent19926
municipal ordinance.19927

       (3) The person has proof of financial responsibility, a19928
policy of liability insurance in effect that meets the minimum19929
standard set forth in section 4509.51 of the Revised Code, or19930
proof, to the satisfaction of the registrar of motor vehicles,19931
that the person is able to respond in damages in an amount at19932
least equal to the minimum amounts specified in that section.19933

       (4) If the suspension was imposed because the person was19934
under the influence of alcohol, a drug of abuse, or combination of19935
them at the time of the offense or because at the time of the19936
offense the person's whole blood, blood serum or plasma, breath,19937
or urine contained at least the concentration of alcohol specified19938
in division (A)(2), (3), (4), or (5) of section 4511.19 of the19939
Revised Code, the person also shall demonstrate all of the19940
following:19941

       (a) The person successfully completed an alcohol, drug, or19942
alcohol and drug treatment program.19943

       (b) The person has not abused alcohol or other drugs for a19944
period satisfactory to the court.19945

       (c) For the past fifteen years, the person has not been19946
found guilty of any alcohol-related or drug-related offense.19947

       (B) Upon receipt of a motion for modification or termination19948
of the suspension under this section, the court may schedule a19949
hearing on the motion. If scheduled, the hearing shall be19950
conducted in open court within ninety days after the date on which19951
the motion is filed.19952

       (C) The court shall notify the person whose license was19953
suspended and the prosecuting attorney of the date, time, and19954
location of the hearing. Upon receipt of the notice from the19955
court, the prosecuting attorney shall notify the victim or the19956
victim's representative of the date, time, and location of the19957
hearing.19958

       (D) At any hearing under this section, the person who seeks19959
modification or termination of the suspension has the burden to19960
demonstrate, under oath, that the person meets the requirements of19961
division (A) of this section. At the hearing, the court shall19962
afford the offender or the offender's counsel an opportunity to19963
present oral or written information relevant to the motion. The19964
court shall afford a similar opportunity to provide relevant19965
information to the prosecuting attorney and the victim or victim's19966
representative.19967

       Before ruling on the motion, the court shall take into19968
account the person's driving record, the nature of the offense19969
that led to the suspension, and the impact of the offense on any19970
victim. In addition, if the offender is eligible for modification19971
or termination of the suspension under division (A)(2) of this19972
section, the court shall consider whether the person committed any19973
other offense while under suspension and determine whether the19974
offense is relevant to a determination under this section. The19975
court may modify or terminate the suspension subject to any19976
considerations it considers proper if it finds that allowing the19977
person to drive is not likely to present a danger to the public. 19978
After the court makes a ruling on a motion filed under this19979
section, the prosecuting attorney shall notify the victim or the19980
victim's representative of the court's ruling.19981

       (E) If a court modifies a person's license suspension under19982
this section and the person subsequently is found guilty of any19983
moving violation or of any substantially equivalent municipal19984
ordinance that carries as a possible penalty the suspension of a19985
person's driver's or commercial driver's license, the court may19986
reimpose the class one or other lifetime suspension, or the class19987
two suspension, whichever is applicable.19988

       Sec. 4507.60.        Sec. 4510.61.  The driver license compact is hereby19989
enacted into law and entered into with all other jurisdictions19990
legally joining therein in the form substantially as follows:19991

ARTICLE I
19992

Findings and Declaration of Policy
19993

       (a) The party states find that:19994

       (1) The safety of their streets and highways is materially19995
affected by the degree of compliance with state and local19996
ordinances relating to the operation of motor vehicles.19997

       (2) Violation of such a law or ordinance is evidence that19998
the violator engages in conduct which is likely to endanger the19999
safety of persons and property.20000

       (3) The continuance in force of a license to drive is20001
predicated upon compliance with laws and ordinances relating to20002
the operation of motor vehicles, in whichever jurisdiction the20003
vehicle is operated.20004

       (b) It is the policy of each of the party states to:20005

       (1) Promote compliance with the laws, ordinances, and20006
administrative rules and regulations relating to the operation of20007
motor vehicles by their operators in each of the jurisdictions20008
where such operators drive motor vehicles.20009

       (2) Make the reciprocal recognition of licenses to drive and20010
eligibility therefor more just and equitable by considering the20011
over-all compliance with motor vehicle laws, ordinances, and20012
administrative rules and regulations as a condition precedent to20013
the continuance or issuance of any license by reason of which the20014
licensee is authorized or permitted to operate a motor vehicle in20015
any of the party states.20016

ARTICLE II
20017

Definitions
20018

       As used in this compact:20019

       (a) "State" means a state, territory, or possession of the20020
United States, the District of Columbia, or the Commonwealth of20021
Puerto Rico.20022

       (b) "Home state" means the state that has issued and has the20023
power to suspend or revoke the use of the license or permit to20024
operate a motor vehicle.20025

       (c) "Conviction" means a conviction of any offense related20026
to the use or operation of a motor vehicle that is prohibited by20027
state law, municipal ordinance, or administrative rule or20028
regulation; or a forfeiture of bail, bond, or other security20029
deposited to secure appearance by a person charged with having20030
committed any such offense, and which conviction or forfeiture is20031
required to be reported to the licensing authority.20032

ARTICLE III
20033

Reports of Conviction
20034

       The licensing authority of a party state shall report each20035
conviction of a person from another party state occurring within20036
its jurisdiction to the licensing authority of the home state of20037
the licensee. Such report shall clearly identify the person20038
convicted; describe the violation specifying the section of the20039
statute, code, or ordinance violated; identify the court in which20040
action was taken; indicate whether a plea of guilty or not guilty20041
was entered, or the security; and shall include any special20042
findings made in connection therewith.20043

ARTICLE IV
20044

Effect of Conviction
20045

       (a) The licensing authority in the home state, for the20046
purpose of suspension, revocation, or limitation of the license to20047
operate a motor vehicle, shall give the same effect to the conduct20048
reported, pursuant to Article III of this compact, as it would if20049
such conduct had occurred in the home state, in the case of20050
convictions for:20051

       (1) Manslaughter or negligent homicide resulting from the20052
operation of a motor vehicle;20053

       (2) Driving a motor vehicle while under the influence of20054
intoxicating liquor or a narcotic drug, or under the influence of20055
any other drug to a degree that renders the driver incapable of20056
safely driving a motor vehicle;20057

       (3) Any felony in the commission of which a motor vehicle is20058
used;20059

       (4) Failure to stop and render aid in the event of a motor20060
vehicle accident resulting in the death or personal injury of20061
another.20062

       (b) As to other convictions, reported pursuant to Article20063
III, the licensing authority in the home state shall give such20064
effect to conduct as is provided by the laws of the home state.20065

       (c) If the laws of a party state do not provide for offenses20066
or violations denominated or described in precisely the words20067
employed in subdivision (a) of this Article, such party state20068
shall construe the denominations and descriptions appearing in20069
subdivision (a) hereof as being applicable to and identifying20070
those offenses or violations of a substantially similar nature,20071
and the laws of such party state shall contain such provisions as20072
may be necessary to ensure that full force and effect is given to20073
this Article.20074

ARTICLE V
20075

Applications for New Licenses
20076

       Upon application for a license to drive, the licensing20077
authority in a party state shall ascertain whether the applicant20078
has ever held, or is the holder of, a license to drive issued by20079
any other party state. The licensing authority in the state where20080
application is made shall not issue a license to drive to the20081
applicant if:20082

       (1) The applicant has held such a license, but the same has20083
been suspended by reason, in whole or in part, of a violation and20084
if such suspension period has not terminated.20085

       (2) The applicant has held such a license, but the same has20086
been revoked by reason, in whole or in part, of a violation; and20087
if such revocation has not terminated, except that after the20088
expiration of one year from the date the license was revoked, such20089
person may make application for a new license if permitted by law.20090
The licensing authority may refuse to issue a license to any such20091
applicant if, after investigation, the licensing authority20092
determines that it will not be safe to grant to such person the20093
privilege of driving a motor vehicle on the public highways.20094

       (3) The applicant is the holder of a license to drive issued20095
by another party state and currently in force unless the applicant20096
surrenders such license.20097

ARTICLE VI
20098

Applicability of Other Laws
20099

       Except as expressly required by provisions of this compact,20100
nothing contained herein shall be construed to affect the right of20101
any party state to apply any of its other laws relating to20102
licenses to drive to any person or circumstance, nor to invalidate20103
or prevent any driver license agreement or other cooperative20104
arrangement between a party state and a nonparty state.20105

ARTICLE VII
20106

Compact Administrator and Interchange of Information
20107

       (a) The head of the licensing authority of each party state20108
shall be the administrator of this compact for his state. The20109
administrators, acting jointly, shall have the power to formulate20110
all necessary and proper procedures for the exchange of20111
information under this compact.20112

       (b) The administrator of each party state shall furnish to20113
the administrator of each other party state any information or20114
documents reasonably necessary to facilitate the administration of20115
this compact.20116

ARTICLE VIII
20117

Entry Into Force and Withdrawal
20118

       (a) This compact shall enter into force and become effective20119
as to any state when it has enacted the same into law.20120

       (b) Any party state may withdraw from this compact by20121
enacting a statute repealing the same, but no such withdrawal20122
shall take effect until six months after the executive head of the20123
withdrawing state has given notice of the withdrawal to the20124
executive heads of all other party states. No withdrawal shall20125
affect the validity or applicability by the licensing authorities20126
of states remaining party to the compact of any report of20127
conviction occurring prior to the withdrawal.20128

ARTICLE IX
20129

Construction and Severability
20130

       This compact shall be liberally construed so as to effectuate20131
the purposes thereof. The provisions of this compact shall be20132
severable; and if any phrase, clause, sentence, or provision of20133
this compact is declared to be contrary to the constitution of any20134
party state or of the United States or the applicability thereof20135
to any government, agency, person, or circumstance is held20136
invalid, the validity of the remainder of this compact and the20137
applicability thereof to any government, agency, person, or20138
circumstance shall not be affected thereby. If this compact shall20139
be held contrary to the constitution of any state party thereto,20140
the compact shall remain in full force and effect as to the20141
remaining states and in full force and effect as to the state20142
affected as to all severable matters.20143

       Sec. 4507.61.        Sec. 4510.62.  (A) "Executive head" as used in20144
article VIII (b) of the compact set forth in section 4507.6020145
4510.61 of the Revised Code with reference to this state means the20146
governor.20147

       (B) "Licensing authority" as used in Articles III, IV, V,20148
and VII of the compact set forth in section 4507.604510.61 of the20149
Revised Code with reference to this state means the bureau of20150
motor vehicles within the department of public safety.20151

       Sec. 4507.62.        Sec. 4510.63.  Pursuant to Article VII of the20152
compact set forth in section 4507.604510.61 of the Revised Code20153
the bureau of motor vehicles shall furnish to the appropriate20154
authorities of any other party state any information or documents20155
reasonably necessary to facilitate the administration of Articles20156
III, IV, and V of the compact set forth in section 4507.604510.6120157
of the Revised Code.20158

       Sec. 4507.63.        Sec. 4510.64.  The compact administrator provided20159
for in Article VII of the compact set forth in section 4507.6020160
4510.61 of the Revised Code is not entitled to any additional20161
compensation because of his servicesfor serving as administrator20162
of the compact, but shall be reimbursed for travel and other20163
necessary expenses incurred in the performance of his official20164
duties thereunder as provided by law for other state officers.20165

       Sec. 4511.95.        Sec. 4510.71.  The nonresident violator compact,20166
hereinafter called "the compact," is hereby enacted into law and20167
entered into with all other jurisdictions legally joining therein20168
in the form substantially as follows:20169

"NONRESIDENT VIOLATOR COMPACT
20170

Article I
20171

Findings, Declaration of Policy and Purpose
20172

       (A) The party jurisdictions find that:20173

       (1) In most instances, a motorist who is cited for a traffic20174
violation in a jurisdiction other than his home jurisdiction:20175

       (a) Must post collateral or bond to secure appearance for20176
trial at a later date; or20177

       (b) If unable to post collateral or bond, is taken into20178
custody until the collateral or bond is posted; or20179

       (c) Is taken directly to court for his trial to be held.20180

       (2) In some instances, the motorist's driver's license may20181
be deposited as collateral to be returned after he has complied20182
with the terms of the citation.20183

       (3) The purpose of the practices described in divisions20184
(A)(1) and (2) of this article is to ensure compliance with the20185
terms of a traffic citation by the motorist who, if permitted to20186
continue on his way after receiving the traffic citation, could20187
return to his home jurisdiction and disregard his duty under the20188
terms of the traffic citation.20189

       (4) A motorist receiving a traffic citation in his home20190
jurisdiction is permitted, except for certain violations, to20191
accept the citation from the officer at the scene of the violation20192
and to immediately continue on his way after promising or being20193
instructed to comply with the terms of the citation.20194

       (5) The practice described in division (A)(1) of this20195
article causes unnecessary inconvenience and, at times, a hardship20196
for the motorist who is unable at the time to post collateral,20197
furnish a bond, stand trial, or pay the fine, and thus is20198
compelled to remain in custody until some arrangement can be made.20199

       (6) The deposit of a driver's license as a bail bond, as20200
described in division (A)(2) of this article, is viewed with20201
disfavor.20202

       (7) The practices described herein consume an undue amount20203
of law enforcement time.20204

       (B) It is the policy of the party jurisdictions to:20205

       (1) Seek compliance with the laws, ordinances, and20206
administrative rules and regulations relating to the operation of20207
motor vehicles in each of the jurisdictions;20208

       (2) Allow motorists to accept a traffic citation for certain20209
violations and proceed on their way without delay whether or not20210
the motorist is a resident of the jurisdiction in which the20211
citation was issued;20212

       (3) Extend cooperation to its fullest extent among the20213
jurisdictions for obtaining compliance with the terms of a traffic20214
citation issued in one jurisdiction to a resident of another20215
jurisdiction;20216

       (4) Maximize effective utilization of law enforcement20217
personnel and assist court systems in the efficient disposition of20218
traffic violations.20219

       (C) The purpose of this compact is to:20220

       (1) Provide a means through which the party jurisdictions20221
may participate in a reciprocal program to effectuate the policies20222
enumerated in division (B) of this article in a uniform and20223
orderly manner;20224

       (2) Provide for the fair and impartial treatment of traffic20225
violators operating within party jurisdictions in recognition of20226
the motorist's right of due process and the sovereign status of a20227
party jurisdiction.20228

Article II Definitions
20229

       (A) In the nonresident violator compact, the following words20230
have the meaning indicated, unless the context requires otherwise.20231

       (B)(1) "Citation" means any summons, ticket, or other20232
official document issued by a police officer for a traffic20233
violation containing an order which requires the motorist to20234
respond.20235

       (2) "Collateral" means any cash or other security deposited20236
to secure an appearance for trial, following the issuance by a20237
police officer of a citation for a traffic violation.20238

       (3) "Court" means a court of law or traffic tribunal.20239

       (4) "Driver's license" means any license or privilege to20240
operate a motor vehicle issued under the laws of the home20241
jurisdiction.20242

       (5) "Home jurisdiction" means the jurisdiction that issued20243
the driver's license of the traffic violator.20244

       (6) "Issuing jurisdiction" means the jurisdiction in which20245
the traffic citation was issued to the motorist.20246

       (7) "Jurisdiction" means a state, territory, or possession20247
of the United States, the District of Columbia, or the20248
Commonwealth of Puerto Rico.20249

       (8) "Motorist" means a driver of a motor vehicle operating20250
in a party jurisdiction other than the home jurisdiction.20251

       (9) "Personal recognizance" means an agreement by a motorist20252
made at the time of issuance of the traffic citation that he will20253
comply with the terms of that traffic citation.20254

       (10) "Police officer" means any individual authorized by the20255
party jurisdiction to issue a citation for a traffic violation.20256

       (11) "Terms of the citation" means those options expressly20257
stated upon the citation.20258

Article III
20259

Procedure for Issuing Jurisdiction
20260

       (A) When issuing a citation for a traffic violation, a20261
police officer shall issue the citation to a motorist who20262
possesses a driver's license issued by a party jurisdiction and20263
shall not, subject to the exceptions noted in division (B) of this20264
article, require the motorist to post collateral to secure20265
appearance, if the officer receives the motorist's signed,20266
personal recognizance that he or she will comply with the terms of20267
the citation.20268

       (B) Personal recognizance is acceptable only if not20269
prohibited by law. If mandatory appearance is required, it must20270
take place immediately following issuance of the citation.20271

       (C) Upon failure of a motorist to comply with the terms of a20272
traffic citation, the appropriate official shall report the20273
failure to comply to the licensing authority of the jurisdiction20274
in which the traffic citation was issued. The report shall be20275
made in accordance with procedures specified by the issuing20276
jurisdiction and shall contain information as specified in the20277
compact manual as minimum requirements for effective processing by20278
the home jurisdiction.20279

       (D) Upon receipt of the report, the licensing authority of20280
the issuing jurisdiction shall transmit to the licensing authority20281
in the home jurisdiction of the motorist the information in a form20282
and content as contained in the compact manual.20283

       (E) The licensing authority of the issuing jurisdiction may20284
not suspend the privilege of a motorist for whom a report has been20285
transmitted.20286

       (F) The licensing authority of the issuing jurisdiction20287
shall not transmit a report on any violation if the date of20288
transmission is more than six months after the date on which the20289
traffic citation was issued.20290

       (G) The licensing authority of the issuing jurisdiction20291
shall not transmit a report on any violation where the date of20292
issuance of the citation predates the most recent of the effective20293
dates of entry for the two jurisdictions affected.20294

Article IV Procedures for Home Jurisdiction
20295

       (A) Upon receipt of a report of a failure to comply from the20296
licensing authority of the issuing jurisdiction, the licensing20297
authority of the home jurisdiction shall notify the motorist and20298
initiate a suspension action, in accordance with the home20299
jurisdiction's procedures, to suspend the motorist's driver's20300
license until satisfactory evidence of compliance with the terms20301
of the traffic citation has been furnished to the home20302
jurisdiction licensing authority. Due process safeguards will be20303
accorded.20304

       (B) The licensing authority of the home jurisdiction shall20305
maintain a record of actions taken and make reports to issuing20306
jurisdictions as provided in the compact manual.20307

Article V Applicability of Other Laws
20308

       Except as expressly required by provisions of this compact,20309
nothing contained herein shall be construed to affect the right of20310
any party jurisdiction to apply any of its other laws relating to20311
licenses to drive to any person or circumstance, or to invalidate20312
or prevent any driver license agreement or other cooperative20313
arrangement between a party jurisdiction and nonparty20314
jurisdiction.20315

Article VI Compact Administrator Procedures
20316

       (A) For the purpose of administering the provisions of this20317
compact and to serve as a governing body for the resolution of all20318
matters relating to the operation of this compact, a board of20319
compact administrators is established. The board shall be20320
composed of one representative from each party jurisdiction to be20321
known as the compact administrator. The compact administrator20322
shall be appointed by the jurisdiction executive and will serve20323
and be subject to removal in accordance with the laws of the20324
jurisdiction he represents. A compact administrator may provide20325
for the discharge of his duties and the performance of his20326
functions as a board member by an alternate. An alternate may not20327
be entitled to serve unless written notification of his identity20328
has been given to the board.20329

       (B) Each member of the board of compact administrators shall20330
be entitled to one vote. No action of the board shall be binding20331
unless taken at a meeting at which a majority of the total number20332
of votes on the board are cast in favor. Action by the board20333
shall be only at a meeting at which a majority of the party20334
jurisdictions are represented.20335

       (C) The board shall elect annually, from its membership, a20336
chairman and a vice chairman.20337

       (D) The board shall adopt bylaws, not inconsistent with the20338
provisions of this compact or the laws of a party jurisdiction,20339
for the conduct of its business and shall have the power to amend20340
and rescind its bylaws.20341

       (E) The board may accept for any of its purposes and20342
functions under this compact any and all donations, and grants of20343
money, equipment, supplies, materials, and services, conditional20344
or otherwise, from any jurisdiction, the United States, or any20345
other governmental agency, and may receive, utilize, and dispose20346
of the same.20347

       (F) The board may contract with, or accept services or20348
personnel from, any governmental or intergovernmental agency,20349
person, firm, or corporation, or any private nonprofit20350
organization or institution.20351

       (G) The board shall formulate all necessary procedures and20352
develop uniform forms and documents for administering the20353
provisions of this compact. All procedures and forms adopted20354
pursuant to board action shall be contained in the compact manual.20355

Article VII Entry into Compact and Withdrawal
20356

       (A) This compact shall become effective when it has been20357
adopted by at least two jurisdictions.20358

       (B)(1) Entry into the compact shall be made by a resolution20359
of ratification executed by the authorized officials of the20360
applying jurisdiction and submitted to the chairman of the board.20361

       (2) The resolution shall be in a form and content as20362
provided in the compact manual and shall include statements that20363
in substance are as follows:20364

       (a) A citation of the authority by which the jurisdiction is20365
empowered to become a party to this compact;20366

       (b) Agreement to comply with the terms and provisions of the20367
compact;20368

       (c) That compact entry is with all jurisdictions then party20369
to the compact and with any jurisdiction that legally becomes a20370
party to the compact.20371

       (3) The effective date of entry shall be specified by the20372
applying jurisdiction, but it shall not be less than sixty days20373
after notice has been given by the chairman of the board of20374
compact administrators or by the secretariat of the board to each20375
party jurisdiction that the resolution from the applying20376
jurisdiction has been received.20377

       (C) A party jurisdiction may withdraw from this compact by20378
official written notice to the other party jurisdictions, but a20379
withdrawal shall not take effect until ninety days after notice of20380
withdrawal is given. The notice shall be directed to the compact20381
administrator of each member jurisdiction. No withdrawal shall20382
affect the validity of this compact as to the remaining party20383
jurisdictions.20384

Article VIII Exceptions
20385

       The provisions of this compact shall not apply to parking or20386
standing violations, highway weight limit violations, and20387
violations of law governing the transportation of hazardous20388
materials.20389

Article IX Amendments to the Compact
20390

       (A) This compact may be amended from time to time.20391
Amendments shall be presented in resolution form to the chairman20392
of the board of compact administrators and may be initiated by one20393
or more party jurisdictions.20394

       (B) Adoption of an amendment shall require endorsement of20395
all party jurisdictions and shall become effective thirty days20396
after the date of the last endorsement.20397

       (C) Failure of a party jurisdiction to respond to the20398
compact chairman within one hundred twenty days after receipt of20399
the proposed amendment shall constitute endorsement.20400

Article X Construction and Severability
20401

       This compact shall be liberally construed so as to effectuate20402
the purposes stated herein. The provisions of this compact shall20403
be severable and if any phrase, clause, sentence, or provision of20404
this compact is declared to be contrary to the constitution of any20405
party jurisdiction or of the United States or the applicability20406
thereof to any government, agency, person, or circumstance, the20407
compact shall not be affected thereby. If this compact shall be20408
held contrary to the constitution of any jurisdiction party20409
thereto, the compact shall remain in full force and effect as to20410
the remaining jurisdictions and in full force and effect as to the20411
jurisdiction affected as to all severable matters.20412

Article XI Title
20413

       This compact shall be known as the Nonresident Violator20414
Compact of 1977."20415

       Sec. 4511.951.        Sec. 4510.72.  (A) A fee of thirty dollars shall20416
be charged by the registrar of motor vehicles for the20417
reinstatement of any driver's license suspended pursuant to20418
division (A) of Article IV of the compact enacted in section20419
4511.954510.71 of the Revised Code.20420

       (B) Pursuant to division (A) of Article VI of the20421
nonresident violator compact of 1977 enacted in section 4511.9520422
4510.71 of the Revised Code, the director of public safety shall20423
serve as the compact administrator for Ohio.20424

       Sec. 4511.01.  As used in this chapter and in Chapter 4513.20425
of the Revised Code:20426

       (A) "Vehicle" means every device, including a motorized20427
bicycle, in, upon, or by which any person or property may be20428
transported or drawn upon a highway, except that "vehicle" does20429
not include any motorized wheelchairswheelchair, devicesany20430
device that is moved by power collected from overhead electric20431
trolley wires, or that is used exclusively upon stationary rails20432
or tracks, and devicesor any device, other than bicyclesa20433
bicycle, that is moved by human power.20434

       (B) "Motor vehicle" means every vehicle propelled or drawn20435
by power other than muscular power or power collected from20436
overhead electric trolley wires, except motorized bicycles, road20437
rollers, traction engines, power shovels, power cranes, and other20438
equipment used in construction work and not designed for or20439
employed in general highway transportation, hole-digging20440
machinery, well-drilling machinery, ditch-digging machinery, farm20441
machinery, trailers used to transport agricultural produce or20442
agricultural production materials between a local place of storage20443
or supply and the farm when drawn or towed on a street or highway20444
at a speed of twenty-five miles per hour or less, threshing20445
machinery, hay-baling machinery, agricultural tractors and20446
machinery used in the production of horticultural, floricultural,20447
agricultural, and vegetable products, and trailers designed and20448
used exclusively to transport a boat between a place of storage20449
and a marina, or in and around a marina, when drawn or towed on a20450
street or highway for a distance of no more than ten miles and at20451
a speed of twenty-five miles per hour or less.20452

       (C) "Motorcycle" means every motor vehicle, other than a20453
tractor, having a saddle for the use of the operator and designed20454
to travel on not more than three wheels in contact with the20455
ground, including, but not limited to, motor vehicles known as20456
"motor-driven cycle," "motor scooter," or "motorcycle" without20457
regard to weight or brake horsepower.20458

       (D) "Emergency vehicle" means emergency vehicles of20459
municipal, township, or county departments or public utility20460
corporations when identified as such as required by law, the20461
director of public safety, or local authorities, and motor20462
vehicles when commandeered by a police officer.20463

       (E) "Public safety vehicle" means any of the following:20464

       (1) Ambulances, including private ambulance companies under20465
contract to a municipal corporation, township, or county, and20466
private ambulances and nontransport vehicles bearing license20467
plates issued under section 4503.49 of the Revised Code;20468

       (2) Motor vehicles used by public law enforcement officers20469
or other persons sworn to enforce the criminal and traffic laws of20470
the state;20471

       (3) Any motor vehicle when properly identified as required20472
by the director of public safety, when used in response to fire20473
emergency calls or to provide emergency medical service to ill or20474
injured persons, and when operated by a duly qualified person who20475
is a member of a volunteer rescue service or a volunteer fire20476
department, and who is on duty pursuant to the rules or directives20477
of that service. The state fire marshal shall be designated by20478
the director of public safety as the certifying agency for all20479
public safety vehicles described in division (E)(3) of this20480
section.20481

       (4) Vehicles used by fire departments, including motor20482
vehicles when used by volunteer fire fighters responding to20483
emergency calls in the fire department service when identified as20484
required by the director of public safety.20485

       Any vehicle used to transport or provide emergency medical20486
service to an ill or injured person, when certified as a public20487
safety vehicle, shall be considered a public safety vehicle when20488
transporting an ill or injured person to a hospital regardless of20489
whether such vehicle has already passed a hospital.20490

       (5) Vehicles used by the commercial motor vehicle safety20491
enforcement unit for the enforcement of orders and rules of the20492
public utilities commission as specified in section 5503.34 of the20493
Revised Code.20494

       (F) "School bus" means every bus designed for carrying more20495
than nine passengers that is owned by a public, private, or20496
governmental agency or institution of learning and operated for20497
the transportation of children to or from a school session or a20498
school function, or owned by a private person and operated for20499
compensation for the transportation of children to or from a20500
school session or a school function, provided "school bus" does20501
not include a bus operated by a municipally owned transportation20502
system, a mass transit company operating exclusively within the20503
territorial limits of a municipal corporation, or within such20504
limits and the territorial limits of municipal corporations20505
immediately contiguous to such municipal corporation, nor a common20506
passenger carrier certified by the public utilities commission20507
unless such bus is devoted exclusively to the transportation of20508
children to and from a school session or a school function, and20509
"school bus" does not include a van or bus used by a licensed20510
child day-care center or type A family day-care home to transport20511
children from the child day-care center or type A family day-care20512
home to a school if the van or bus does not have more than fifteen20513
children in the van or bus at any time.20514

       (G) "Bicycle" means every device, other than a tricycle20515
designed solely for use as a play vehicle by a child, propelled20516
solely by human power upon which any person may ride having either20517
two tandem wheels, or one wheel in the front and two wheels in the20518
rear, any of which is more than fourteen inches in diameter.20519

       (H) "Motorized bicycle" means any vehicle having either two20520
tandem wheels or one wheel in the front and two wheels in the20521
rear, that is capable of being pedaled and is equipped with a20522
helper motor of not more than fifty cubic centimeters piston20523
displacement that produces no more than one brake horsepower and20524
is capable of propelling the vehicle at a speed of no greater than20525
twenty miles per hour on a level surface.20526

       (I) "Commercial tractor" means every motor vehicle having20527
motive power designed or used for drawing other vehicles and not20528
so constructed as to carry any load thereon, or designed or used20529
for drawing other vehicles while carrying a portion of such other20530
vehicles, or load thereon, or both.20531

       (J) "Agricultural tractor" means every self-propelling20532
vehicle designed or used for drawing other vehicles or wheeled20533
machinery but having no provision for carrying loads independently20534
of such other vehicles, and used principally for agricultural20535
purposes.20536

       (K) "Truck" means every motor vehicle, except trailers and20537
semitrailers, designed and used to carry property.20538

       (L) "Bus" means every motor vehicle designed for carrying20539
more than nine passengers and used for the transportation of20540
persons other than in a ridesharing arrangement, and every motor20541
vehicle, automobile for hire, or funeral car, other than a taxicab20542
or motor vehicle used in a ridesharing arrangement, designed and20543
used for the transportation of persons for compensation.20544

       (M) "Trailer" means every vehicle designed or used for20545
carrying persons or property wholly on its own structure and for20546
being drawn by a motor vehicle, including any such vehicle when20547
formed by or operated as a combination of a "semitrailer" and a20548
vehicle of the dolly type, such as that commonly known as a20549
"trailer dolly," a vehicle used to transport agricultural produce20550
or agricultural production materials between a local place of20551
storage or supply and the farm when drawn or towed on a street or20552
highway at a speed greater than twenty-five miles per hour, and a20553
vehicle designed and used exclusively to transport a boat between20554
a place of storage and a marina, or in and around a marina, when20555
drawn or towed on a street or highway for a distance of more than20556
ten miles or at a speed of more than twenty-five miles per hour.20557

       (N) "Semitrailer" means every vehicle designed or used for20558
carrying persons or property with another and separate motor20559
vehicle so that in operation a part of its own weight or that of20560
its load, or both, rests upon and is carried by another vehicle.20561

       (O) "Pole trailer" means every trailer or semitrailer20562
attached to the towing vehicle by means of a reach, pole, or by20563
being boomed or otherwise secured to the towing vehicle, and20564
ordinarily used for transporting long or irregular shaped loads20565
such as poles, pipes, or structural members capable, generally, of20566
sustaining themselves as beams between the supporting connections.20567

       (P) "Railroad" means a carrier of persons or property20568
operating upon rails placed principally on a private right-of-way.20569

       (Q) "Railroad train" means a steam engine or an electric or20570
other motor, with or without cars coupled thereto, operated by a20571
railroad.20572

       (R) "Streetcar" means a car, other than a railroad train,20573
for transporting persons or property, operated upon rails20574
principally within a street or highway.20575

       (S) "Trackless trolley" means every car that collects its20576
power from overhead electric trolley wires and that is not20577
operated upon rails or tracks.20578

       (T) "Explosives" means any chemical compound or mechanical20579
mixture that is intended for the purpose of producing an explosion20580
that contains any oxidizing and combustible units or other20581
ingredients in such proportions, quantities, or packing that an20582
ignition by fire, by friction, by concussion, by percussion, or by20583
a detonator of any part of the compound or mixture may cause such20584
a sudden generation of highly heated gases that the resultant20585
gaseous pressures are capable of producing destructive effects on20586
contiguous objects, or of destroying life or limb. Manufactured20587
articles shall not be held to be explosives when the individual20588
units contain explosives in such limited quantities, of such20589
nature, or in such packing, that it is impossible to procure a20590
simultaneous or a destructive explosion of such units, to the20591
injury of life, limb, or property by fire, by friction, by20592
concussion, by percussion, or by a detonator, such as fixed20593
ammunition for small arms, firecrackers, or safety fuse matches.20594

       (U) "Flammable liquid" means any liquid that has a flash20595
point of seventy degrees Fahrenheit, or less, as determined by a20596
tagliabue or equivalent closed cup test device.20597

       (V) "Gross weight" means the weight of a vehicle plus the20598
weight of any load thereon.20599

       (W) "Person" means every natural person, firm,20600
co-partnership, association, or corporation.20601

       (X) "Pedestrian" means any natural person afoot.20602

       (Y) "Driver or operator" means every person who drives or is20603
in actual physical control of a vehicle, trackless trolley, or20604
streetcar.20605

       (Z) "Police officer" means every officer authorized to20606
direct or regulate traffic, or to make arrests for violations of20607
traffic regulations.20608

       (AA) "Local authorities" means every county, municipal, and20609
other local board or body having authority to adopt police20610
regulations under the constitution and laws of this state.20611

       (BB) "Street" or "highway" means the entire width between20612
the boundary lines of every way open to the use of the public as a20613
thoroughfare for purposes of vehicular travel.20614

       (CC) "Controlled-access highway" means every street or20615
highway in respect to which owners or occupants of abutting lands20616
and other persons have no legal right of access to or from the20617
same except at such points only and in such manner as may be20618
determined by the public authority having jurisdiction over such20619
street or highway.20620

       (DD) "Private road or driveway" means every way or place in20621
private ownership used for vehicular travel by the owner and those20622
having express or implied permission from the owner but not by20623
other persons.20624

       (EE) "Roadway" means that portion of a highway improved,20625
designed, or ordinarily used for vehicular travel, except the berm20626
or shoulder. If a highway includes two or more separate roadways20627
the term "roadway" means any such roadway separately but not all20628
such roadways collectively.20629

       (FF) "Sidewalk" means that portion of a street between the20630
curb lines, or the lateral lines of a roadway, and the adjacent20631
property lines, intended for the use of pedestrians.20632

       (GG) "Laned highway" means a highway the roadway of which is20633
divided into two or more clearly marked lanes for vehicular20634
traffic.20635

       (HH) "Through highway" means every street or highway as20636
provided in section 4511.65 of the Revised Code.20637

       (II) "State highway" means a highway under the jurisdiction20638
of the department of transportation, outside the limits of20639
municipal corporations, provided that the authority conferred upon20640
the director of transportation in section 5511.01 of the Revised20641
Code to erect state highway route markers and signs directing20642
traffic shall not be modified by sections 4511.01 to 4511.79 and20643
4511.99 of the Revised Code.20644

       (JJ) "State route" means every highway that is designated20645
with an official state route number and so marked.20646

       (KK) "Intersection" means:20647

       (1) The area embraced within the prolongation or connection20648
of the lateral curb lines, or, if none, then the lateral boundary20649
lines of the roadways of two highways which join one another at,20650
or approximately at, right angles, or the area within which20651
vehicles traveling upon different highways joining at any other20652
angle may come in conflict.20653

       (2) Where a highway includes two roadways thirty feet or20654
more apart, then every crossing of each roadway of such divided20655
highway by an intersecting highway shall be regarded as a separate20656
intersection. If an intersecting highway also includes two20657
roadways thirty feet or more apart, then every crossing of two20658
roadways of such highways shall be regarded as a separate20659
intersection.20660

       (3) The junction of an alley with a street or highway, or20661
with another alley, shall not constitute an intersection.20662

       (LL) "Crosswalk" means:20663

       (1) That part of a roadway at intersections ordinarily20664
included within the real or projected prolongation of property20665
lines and curb lines or, in the absence of curbs, the edges of the20666
traversable roadway;20667

       (2) Any portion of a roadway at an intersection or20668
elsewhere, distinctly indicated for pedestrian crossing by lines20669
or other markings on the surface;20670

       (3) Notwithstanding divisions (LL)(1) and (2) of this20671
section, there shall not be a crosswalk where local authorities20672
have placed signs indicating no crossing.20673

       (MM) "Safety zone" means the area or space officially set20674
apart within a roadway for the exclusive use of pedestrians and20675
protected or marked or indicated by adequate signs as to be20676
plainly visible at all times.20677

       (NN) "Business district" means the territory fronting upon a20678
street or highway, including the street or highway, between20679
successive intersections within municipal corporations where fifty20680
per cent or more of the frontage between such successive20681
intersections is occupied by buildings in use for business, or20682
within or outside municipal corporations where fifty per cent or20683
more of the frontage for a distance of three hundred feet or more20684
is occupied by buildings in use for business, and the character of20685
such territory is indicated by official traffic control devices.20686

       (OO) "Residence district" means the territory, not20687
comprising a business district, fronting on a street or highway,20688
including the street or highway, where, for a distance of three20689
hundred feet or more, the frontage is improved with residences or20690
residences and buildings in use for business.20691

       (PP) "Urban district" means the territory contiguous to and20692
including any street or highway which is built up with structures20693
devoted to business, industry, or dwelling houses situated at20694
intervals of less than one hundred feet for a distance of a20695
quarter of a mile or more, and the character of such territory is20696
indicated by official traffic control devices.20697

       (QQ) "Traffic control devices" means all flaggers, signs,20698
signals, markings, and devices placed or erected by authority of a20699
public body or official having jurisdiction, for the purpose of20700
regulating, warning, or guiding traffic, including signs denoting20701
names of streets and highways.20702

       (RR) "Traffic control signal" means any device, whether20703
manually, electrically, or mechanically operated, by which traffic20704
is alternately directed to stop, to proceed, to change direction,20705
or not to change direction.20706

       (SS) "Railroad sign or signal" means any sign, signal, or20707
device erected by authority of a public body or official or by a20708
railroad and intended to give notice of the presence of railroad20709
tracks or the approach of a railroad train.20710

       (TT) "Traffic" means pedestrians, ridden or herded animals,20711
vehicles, streetcars, trackless trolleys, and other devices,20712
either singly or together, while using any highway for purposes of20713
travel.20714

       (UU) "Right-of-way" means either of the following, as the20715
context requires:20716

       (1) The right of a vehicle, streetcar, trackless trolley, or20717
pedestrian to proceed uninterruptedly in a lawful manner in the20718
direction in which it or the individual is moving in preference to20719
another vehicle, streetcar, trackless trolley, or pedestrian20720
approaching from a different direction into its or the20721
individual's path;20722

       (2) A general term denoting land, property, or the interest20723
therein, usually in the configuration of a strip, acquired for or20724
devoted to transportation purposes. When used in this context,20725
right-of-way includes the roadway, shoulders or berm, ditch, and20726
slopes extending to the right-of-way limits under the control of20727
the state or local authority.20728

       (VV) "Rural mail delivery vehicle" means every vehicle used20729
to deliver United States mail on a rural mail delivery route.20730

       (WW) "Funeral escort vehicle" means any motor vehicle,20731
including a funeral hearse, while used to facilitate the movement20732
of a funeral procession.20733

       (XX) "Alley" means a street or highway intended to provide20734
access to the rear or side of lots or buildings in urban districts20735
and not intended for the purpose of through vehicular traffic, and20736
includes any street or highway that has been declared an "alley"20737
by the legislative authority of the municipal corporation in which20738
such street or highway is located.20739

       (YY) "Freeway" means a divided multi-lane highway for20740
through traffic with all crossroads separated in grade and with20741
full control of access.20742

       (ZZ) "Expressway" means a divided arterial highway for20743
through traffic with full or partial control of access with an20744
excess of fifty per cent of all crossroads separated in grade.20745

       (AAA) "Thruway" means a through highway whose entire roadway20746
is reserved for through traffic and on which roadway parking is20747
prohibited.20748

       (BBB) "Stop intersection" means any intersection at one or20749
more entrances of which stop signs are erected.20750

       (CCC) "Arterial street" means any United States or state20751
numbered route, controlled access highway, or other major radial20752
or circumferential street or highway designated by local20753
authorities within their respective jurisdictions as part of a20754
major arterial system of streets or highways.20755

       (DDD) "Ridesharing arrangement" means the transportation of20756
persons in a motor vehicle where such transportation is incidental20757
to another purpose of a volunteer driver and includes ridesharing20758
arrangements known as carpools, vanpools, and buspools.20759

       (EEE) "Motorized wheelchair" means any self-propelled20760
vehicle designed for, and used by, a handicapped person and that20761
is incapable of a speed in excess of eight miles per hour.20762

       (FFF) "Child day-care center" and "type A family day-care20763
home" have the same meanings as in section 5104.01 of the Revised20764
Code.20765

       (GGG) "Multi-wheel agricultural tractor" means a type of20766
agricultural tractor that has two or more wheels or tires on each20767
side of one axle at the rear of the tractor, is designed or used20768
for drawing other vehicles or wheeled machinery, has no provision20769
for carrying loads independently of the drawn vehicles or20770
machinery, and is used principally for agricultural purposes.20771

       (HHH)"Operate" means to cause or have caused movement of a20772
vehicle, streetcar, or trackless trolley on any public or private20773
property used by the public for purposes of vehicular travel or20774
parking.20775

       (III) "Predicate motor vehicle or traffic offense" means any20776
of the following:20777

       (1) A violation of section 4511.03, 4511.051, 4511.12,20778
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,20779
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,20780
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,20781
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,20782
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,20783
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,20784
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,20785
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,20786
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,20787
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;20788

       (2) A violation of division (A)(2) of section 4511.17,20789
divisions (A) to (D) of section 4511.51, or division (A) of20790
section 4511.74 of the Revised Code;20791

       (3) A violation of any provision of sections 4511.01 to20792
4511.76 of the Revised Code for which no penalty otherwise is20793
provided in the section that contains the provision violated;20794

       (4) A violation of a municipal ordinance that is20795
substantially similar to any section or provision set forth or20796
described in division (III)(1), (2), or (3) of this section.20797

       Sec. 4511.03. (A) The driver of any emergency vehicle or20798
public safety vehicle, when responding to an emergency call, upon20799
approaching a red or stop signal or any stop sign shall slow down20800
as necessary for safety to traffic, but may proceed cautiously20801
past such red or stop sign or signal with due regard for the20802
safety of all persons using the street or highway.20803

       (B)Except as otherwise provided in this division, whoever20804
violates this section is guilty of a minor misdemeanor. If,20805
within one year of the offense, the offender previously has been20806
convicted of or pleaded guilty to one predicate motor vehicle or20807
traffic offense, whoever violates this section is guilty of a20808
misdemeanor of the fourth degree. If, within one year of the20809
offense, the offender previously has been convicted of two or more20810
predicate motor vehicle or traffic offenses, whoever violates this20811
section is guilty of a misdemeanor of the third degree.20812

       Sec. 4511.051. (A) No person, unless otherwise directed by20813
a police officer, shall:20814

       (A)(1) As a pedestrian, occupy any space within the limits20815
of the right-of-way of a freeway, except: in a rest area; on a20816
facility that is separated from the roadway and shoulders of the20817
freeway and is designed and appropriately marked for pedestrian20818
use; in the performance of public works or official duties; as a20819
result of an emergency caused by an accident or breakdown of a20820
motor vehicle; or to obtain assistance;20821

       (B)(2) Occupy any space within the limits of the20822
right-of-way of a freeway, with: an animal-drawn vehicle; a20823
ridden or led animal; herded animals; a pushcart; a bicycle,20824
except on a facility that is separated from the roadway and20825
shoulders of the freeway and is designed and appropriately marked20826
for bicycle use; a bicycle with motor attached; a motor driven20827
cycle with a motor which produces not to exceed five brake20828
horsepower; an agricultural tractor; farm machinery; except in the20829
performance of public works or official duties.20830

       (B)Except as otherwise provided in this division, whoever20831
violates this section is guilty of a minor misdemeanor. If,20832
within one year of the offense, the offender previously has been20833
convicted of or pleaded guilty to one predicate motor vehicle or20834
traffic offense, whoever violates this section is guilty of a20835
misdemeanor of the fourth degree. If, within one year of the20836
offense, the offender previously has been convicted of two or more20837
predicate motor vehicle or traffic offenses, whoever violates this20838
section is guilty of a misdemeanor of the third degree.20839

       Sec. 4511.11.  (A) Local authorities in their respective20840
jurisdictions shall place and maintain traffic control devices in20841
accordance with the department of transportation manual and20842
specifications for a uniform system of traffic control devices,20843
adopted under section 4511.09 of the Revised Code, upon highways20844
under their jurisdiction as are necessary to indicate and to carry20845
out sections 4511.01 to 4511.76 and 4511.99 of the Revised Code,20846
local traffic ordinances, or to regulate, warn, or guide traffic.20847

       (B) The director of transportation may require to be removed20848
any traffic control device that does not conform to the manual and20849
specifications for a uniform system of traffic control devices on20850
the extensions of the state highway system within municipal20851
corporations.20852

       (C) No village shall place or maintain any traffic control20853
signal upon an extension of the state highway system within the20854
village without first obtaining the permission of the director. 20855
The director may revoke the permission and may require to be20856
removed any traffic control signal that has been erected without20857
histhe director's permission on an extension of a state highway20858
within a village, or that, if erected under a permit granted by20859
the director, does not conform to the state manual and20860
specifications, or that is not operated in accordance with the20861
terms of the permit.20862

       (D) All traffic control devices erected on a public road,20863
street, or alley, shall conform to the state manual and20864
specifications.20865

       (E) No person, firm, or corporation shall sell or offer for20866
sale to local authorities any traffic control device that does not20867
conform to the state manual and specifications, except by20868
permission of the director.20869

       (F) No local authority shall purchase or manufacture any20870
traffic control device that does not conform to the state manual20871
and specifications, except by permission of the director.20872

       (G)Whoever violates division (E) of this section is guilty20873
of a misdemeanor of the third degree.20874

       Sec. 4511.12. (A) No pedestrian, driver of a vehicle, or20875
operator of a streetcar or trackless trolley shall disobey the20876
instructions of any traffic control device placed in accordance20877
with this chapter, unless at the time otherwise directed by a20878
police officer.20879

       No provision of this chapter for which signs are required20880
shall be enforced against an alleged violator if at the time and20881
place of the alleged violation an official sign is not in proper20882
position and sufficiently legible to be seen by an ordinarily20883
observant person. Whenever a particular section of this chapter20884
does not state that signs are required, that section shall be20885
effective even though no signs are erected or in place.20886

       (B)Except as otherwise provided in this division, whoever20887
violates this section is guilty of a minor misdemeanor. If,20888
within one year of the offense, the offender previously has been20889
convicted of or pleaded guilty to one predicate motor vehicle or20890
traffic offense, whoever violates this section is guilty of a20891
misdemeanor of the fourth degree. If, within one year of the20892
offense, the offender previously has been convicted of two or more20893
predicate motor vehicle or traffic offenses, whoever violates this20894
section is guilty of a misdemeanor of the third degree.20895

       Sec. 4511.132. (A) The driver of a vehicle, streetcar, or20896
trackless trolley who approaches an intersection where traffic is20897
controlled by traffic control signals shall do all of the20898
following, if the signal facing himthe driver either exhibits no20899
colored lights or colored lighted arrows or exhibits a combination20900
of such lights or arrows that fails to clearly indicate the20901
assignment of right-of-way:20902

       (A)(1) Stop at a clearly marked stop line, but if none, stop20903
before entering the crosswalk on the near side of the20904
intersection, or, if none, stop before entering the intersection;20905

       (B)(2) Yield the right-of-way to all vehicles, streetcars,20906
or trackless trolleys in the intersection or approaching on an20907
intersecting road, if the vehicles, streetcars, or trackless20908
trolleys will constitute an immediate hazard during the time the20909
driver is moving across or within the intersection or junction of20910
roadways;20911

       (C)(3) Exercise ordinary care while proceeding through the20912
intersection.20913

       (B)Except as otherwise provided in this division, whoever20914
violates this section is guilty of a minor misdemeanor. If,20915
within one year of the offense, the offender previously has been20916
convicted of or pleaded guilty to one predicate motor vehicle or20917
traffic offense, whoever violates this section is guilty of a20918
misdemeanor of the fourth degree. If, within one year of the20919
offense, the offender previously has been convicted of two or more20920
predicate motor vehicle or traffic offenses, whoever violates this20921
section is guilty of a misdemeanor of the third degree.20922

       Sec. 4511.16. (A) No person shall place, maintain, or20923
display upon or in view of any highway any unauthorized sign,20924
signal, marking, or device which purports to be, is an imitation20925
of, or resembles a traffic control device or railroad sign or20926
signal, or which attempts to direct the movement of traffic or20927
hides from view or interferes with the effectiveness of any20928
traffic control device or any railroad sign or signal, and no20929
person shall place or maintain, nor shall any public authority20930
permit, upon any highway any traffic sign or signal bearing20931
thereon any commercial advertising. This section does not20932
prohibit either the erection upon private property adjacent to20933
highways of signs giving useful directional information and of a20934
type that cannot be mistaken for traffic control devices or the20935
erection upon private property of traffic control devices by the20936
owner of real property in accordance with sections 4511.211 and20937
4511.432 of the Revised Code.20938

       Every such prohibited sign, signal, marking, or device is a20939
public nuisance, and the authority having jurisdiction over the20940
highway may remove it or cause it to be removed.20941

       (B)Except as otherwise provided in this division, whoever20942
violates this section is guilty of a minor misdemeanor. If,20943
within one year of the offense, the offender previously has been20944
convicted of or pleaded guilty to one predicate motor vehicle or20945
traffic offense, whoever violates this section is guilty of a20946
misdemeanor of the fourth degree. If, within one year of the20947
offense, the offender previously has been convicted of two or more20948
predicate motor vehicle or traffic offenses, whoever violates this20949
section is guilty of a misdemeanor of the third degree.20950

       Sec. 4511.17. (A) No person, without lawful authority,20951
shall do any of the following:20952

       (A) knowingly(1)Knowingly move, deface, damage, destroy,20953
or otherwise improperly tamper with any traffic control device,20954
any railroad sign or signal, or any inscription, shield, or20955
insignia on the device, sign, or signal, or any part of the20956
device, sign, or signal;20957

       (B) knowingly(2)Knowingly drive upon or over any freshly20958
applied pavement marking material on the surface of a roadway20959
while the marking materiel is in an undried condition and is20960
marked by flags, markers, signs, or other devices intended to20961
protect it;20962

       (C) knowingly(3)Knowingly move, damage, destroy, or20963
otherwise improperly tamper with a manhole cover.20964

       (B)(1)Except as otherwise provided in this division, whoever20965
violates division (A)(1) or (3) of this section is guilty of a20966
misdemeanor of the third degree. If a violation of division20967
(A)(1) or (3) of this section creates a risk of physical harm to20968
any person, the offender is guilty of a misdemeanor of the first20969
degree. If a violation of division (A)(1) or (3) of this section20970
causes serious physical harm to property that is owned, leased, or20971
controlled by a state or local authority, the offender is guilty20972
of a felony of the fifth degree.20973

       (2) Except as otherwise provided in this division, whoever20974
violates division (A)(2) of this section is guilty of a minor20975
misdemeanor. If, within one year of the offense, the offender20976
previously has been convicted of or pleaded guilty to one20977
predicate motor vehicle or traffic offense, whoever violates20978
division (A)(2) of this section is guilty of a misdemeanor of the20979
fourth degree. If, within one year of the offense, the offender20980
previously has been convicted of two or more predicate motor20981
vehicle or traffic offenses, whoever violates division (A)(2) of20982
this section is guilty of a misdemeanor of the third degree.20983

       Sec. 4511.18.  (A) As used in this section, "traffic control20984
device" means any sign, traffic control signal, or other device20985
conforming to and placed or erected in accordance with the manual20986
adopted under section 4511.09 of the Revised Code by authority of20987
a public body or official having jurisdiction, for the purpose of20988
regulating, warning, or guiding traffic, including signs denoting20989
the names of streets and highways, but does not mean any pavement20990
marking.20991

       (B) No individual shall buy or otherwise possess, or sell, a20992
traffic control device, except when one of the following applies:20993

       (1) In the course of histhe individual's employment by the20994
state or a local authority for the express or implied purpose of20995
manufacturing, providing, erecting, moving, or removing such a20996
traffic control device;20997

       (2) In the course of histhe individual's employment by any20998
manufacturer of traffic control devices other than a state or20999
local authority;21000

       (3) For the purpose of demonstrating the design and function21001
of a traffic control device to state or local officials;21002

       (4) When the traffic control device has been purchased from21003
the state or a local authority at a sale of property that is no21004
longer needed or is unfit for use;21005

       (5) The traffic control device has been properly purchased21006
from a manufacturer for use on private property and the person21007
possessing the device has a sales receipt for the device or other21008
acknowledgment of sale issued by the manufacturer.21009

       (C) This section does not preclude, and shall not be21010
construed as precluding, prosecution for theft in violation of21011
section 2913.02 of the Revised Code or a municipal ordinance21012
relating to theft, or for receiving stolen property in violation21013
of section 2913.51 of the Revised Code or a municipal ordinance21014
relating to receiving stolen property.21015

       (D)Whoever violates this section is guilty of a misdemeanor21016
of the third degree.21017

       Sec. 4511.181.  As used in sections 4511.181 to 4511.197 of21018
the Revised Code:21019

       (A) "Equivalent offense" means any of the following:21020

       (1) A violation of division (A) or (B) of section 4511.19 of21021
the Revised Code;21022

       (2) A violation of a municipal OVI ordinance;21023

       (3) A violation of section 2903.04 of the Revised Code in a21024
case in which the offender was subject to the sanctions described21025
in division (D) of that section;21026

       (4) A violation of division (A)(1) of section 2903.06 or21027
2903.08 of the Revised Code or a municipal ordinance that is21028
substantially equivalent to either of those divisions;21029

       (5) A violation of division (A)(2), (3), or (4) of section21030
2903.06, division (A)(2) of section 2903.08, or former section21031
2903.07 of the Revised Code, or a municipal ordinance that is21032
substantially equivalent to any of those divisions or that former21033
section, in a case in which a judge or jury as the trier of fact21034
found that the offender was under the influence of alcohol, a drug21035
of abuse, or a combination of them; 21036

       (6) A violation of an existing or former municipal21037
ordinance, law of another state, or law of the United States that21038
is substantially equivalent to division (A) or (B) of section21039
4511.19 of the Revised Code;21040

       (7) A violation of a former law of this state that was21041
substantially equivalent to division (A) or (B) of section 4511.1921042
of the Revised Code. 21043

       (B) "Mandatory jail term" means the mandatory term in jail of21044
three, six, ten, twenty, thirty, or sixty days that must be21045
imposed under division (G)(1)(a), (b), or (c) of section 4511.1921046
of the Revised Code upon an offender convicted of a violation of21047
division (A) of that section and in relation to which all of the21048
following apply:21049

       (1) Except as specifically authorized under section 4511.1921050
of the Revised Code, the term must be served in a jail.21051

       (2) Except as specifically authorized under section 4511.1921052
of the Revised Code, the term cannot be suspended, reduced, or21053
otherwise modified pursuant to section 2929.51, 2951.02, or any21054
other provision of the Revised Code.21055

       (C) "Municipal OVI ordinance" and "municipal OVI offense"21056
mean any municipal ordinance prohibiting a person from operating a21057
vehicle while under the influence of alcohol, a drug of abuse, or21058
a combination of them or prohibiting a person from operating a21059
vehicle with a prohibited concentration of alcohol in the whole21060
blood, blood serum or plasma, breath, or urine.21061

       (D) "Community residential sanction," "jail," "mandatory21062
prison term," "mandatory term of local incarceration," "sanction,"21063
and "prison term" have the same meanings as in section 2929.01 of21064
the Revised Code.21065

       Sec. 4511.19.  (A) No person shall operate any vehicle,21066
streetcar, or trackless trolley within this state, if,at the time21067
of the operation, any of the following apply:21068

       (1) The person is under the influence of alcohol, a drug of21069
abuse, or alcohol and a drug of abusecombination of them;21070

       (2) The person has a concentration of ten-hundredths of one21071
per cent or more but less than seventeen-hundredths of one per21072
cent by weight per unit volume of alcohol in the person's whole21073
blood;21074

       (3) The person has a concentration of twelve-hundredths of21075
one per cent or more but less than two hundred four-thousandths of21076
one per cent by weight per unit volume of alcohol in the person's21077
blood serum or plasma;21078

       (4) The person has a concentration of ten-hundredths of one21079
gram or more but less than seventeen-hundredths of one gram by21080
weight of alcohol per two hundred ten liters of the person's21081
breath;21082

       (4)(5) The person has a concentration of fourteen-hundredths21083
of one gram or more but less than two hundred21084
thirty-eight-thousandths of one gram by weight of alcohol per one21085
hundred milliliters of the person's urine;21086

       (5)(6) The person has a concentration of21087
seventeen-hundredths of one per cent or more by weight per unit21088
volume of alcohol in the person's whole blood;21089

       (6)(7)The person has a concentration of two hundred21090
four-thousandths of one per cent or more by weight per unit volume21091
of alcohol in the person's blood serum or plasma;21092

       (8) The person has a concentration of seventeen-hundredths21093
of one gram or more by weight of alcohol per two hundred ten21094
liters of the person's breath;21095

       (7)(9) The person has a concentration of two hundred21096
thirty-eight-thousandths of one gram or more by weight of alcohol21097
per one hundred milliliters of the person's urine.21098

       (B) No person under twenty-one years of age shall operate21099
any vehicle, streetcar, or trackless trolley within this state,21100
if,at the time of the operation, any of the following apply:21101

       (1) The person has a concentration of at least21102
two-hundredths of one per cent but less than ten-hundredths of one21103
per cent by weight per unit volume of alcohol in the person's21104
whole blood;21105

       (2) The person has a concentration of at least21106
three-hundredths of one per cent but less than twelve-hundredths21107
of one per cent by weight per unit volume of alcohol in the21108
person's blood serum or plasma;21109

       (3) The person has a concentration of at least21110
two-hundredths of one gram but less than ten-hundredths of one21111
gram by weight of alcohol per two hundred ten liters of the21112
person's breath;21113

       (3)(4) The person has a concentration of at least21114
twenty-eight one-thousandths of one gram but less than21115
fourteen-hundredths of one gram by weight of alcohol per one21116
hundred milliliters of the person's urine.21117

       (C) In any proceeding arising out of one incident, a person21118
may be charged with a violation of division (A)(1) and a violation21119
of division (B)(1), (2), or (3) of this section, but the person21120
may not be convicted of more than one violation of these21121
divisions.21122

       (D)(1) In any criminal prosecution or juvenile court21123
proceeding for a violation of this section, of a municipal21124
ordinance relating to operating a vehicle while under the21125
influence of alcohol, a drug of abuse, or alcohol and a drug of21126
abuse, or of a municipal ordinance relating to operating a vehicle21127
with a prohibited concentration of alcohol in the blood, breath,21128
or urineor for an equivalent offense, the court may admit21129
evidence on the concentration of alcohol, drugs of abuse, or21130
alcohol and drugs of abusea combination of them in the21131
defendant's whole blood, blood serum or plasma, breath, urine, or21132
other bodily substance at the time of the alleged violation as21133
shown by chemical analysis of the defendant's blood, urine,21134
breath, or other bodily substance withdrawn within two hours of21135
the time of the alleged violation.21136

       When a person submits to a blood test at the request of a21137
policelaw enforcement officer under section 4511.191 of the21138
Revised Code, only a physician, a registered nurse, or a qualified21139
technician or, chemist,or phlebotomist shall withdraw blood for21140
the purpose of determining itsthe alcohol, drug, or alcohol and21141
drug content of the whole blood, blood serum, or blood plasma.21142
This limitation does not apply to the taking of breath or urine21143
specimens. A physician, a registered nurse, or a qualified21144
technician or chemistperson authorized to withdraw blood under21145
this division may refuse to withdraw blood for the purpose of21146
determining the alcohol, drug, or alcohol and drug content of the21147
bloodunder this division, if in thethat person's opinion of the21148
physician, nurse, technician, or chemist, the physical welfare of21149
the person would be endangered by the withdrawing of blood.21150

       SuchThe bodily substance withdrawn shall be analyzed in21151
accordance with methods approved by the director of health by an21152
individual possessing a valid permit issued by the director of21153
health pursuant to section 3701.143 of the Revised Code.21154

       (2) In a criminal prosecution or juvenile court proceeding21155
for a violation of division (A) of this section, of a municipal21156
ordinance relating to operating a vehicle while under the21157
influence of alcohol, a drug of abuse, or alcohol and a drug of21158
abuse, or of a municipal ordinance substantially equivalent to21159
division (A) of this section relating to operating a vehicle with21160
a prohibited concentration of alcohol in the blood, breath, or21161
urineor for an equivalent offense, if there was at the time the21162
bodily substance was withdrawn a concentration of less than21163
ten-hundredths of one per cent by weight of alcohol in the21164
defendant's blood, less than ten-hundredths of one gram by weight21165
of alcohol per two hundred ten liters of the defendant's breath,21166
or less than fourteen-hundredths of one gram by weight of alcohol21167
per one hundred milliliters of the defendant's urine, suchthe21168
applicable concentration of alcohol specified in divisions (A)(2),21169
(3), (4), and (5) of this section, that fact may be considered21170
with other competent evidence in determining the guilt or21171
innocence of the defendant. This division does not limit or21172
affect a criminal prosecution or juvenile court proceeding for a21173
violation of division (B) of this section or of a municipal21174
ordinancefor an equivalent offense that is substantially21175
equivalent to that division (B) of this section relating to21176
operating a vehicle with a prohibited concentration of alcohol in21177
the blood, breath, or urine.21178

       (3) Upon the request of the person who was tested, the21179
results of the chemical test shall be made available to the person21180
or the person's attorney or agent, immediately upon the completion21181
of the chemical test analysis.21182

       The person tested may have a physician, a registered nurse,21183
or a qualified technician or, chemist,or phlebotomist of the21184
person's own choosing administer a chemical test or tests,at the21185
person's expense, in addition to any administered at the request21186
of a policelaw enforcement officer, and shall be so advised. The21187
form to be read to the person to be tested, as required under21188
section 4511.192 of the Revised Code, shall state that the person21189
may have an independent test performed at the person's expense.21190
The failure or inability to obtain an additional chemical test by21191
a person shall not preclude the admission of evidence relating to21192
the chemical test or tests taken at the request of a policelaw21193
enforcement officer.21194

       (4) Any(E)(1)Subject to division (E)(3) of this section,21195
in any criminal prosecution or juvenile court proceeding for a21196
violation of division (A)(2), (3), (4), (5), (6), (7), (8), or (9)21197
or (B)(1), (2), (3), or (4) of this section or for an equivalent21198
offense that is substantially equivalent to any of those21199
divisions, a laboratory report from any forensic laboratory21200
certified by the department of health that contains an analysis of21201
the whole blood, blood serum or plasma, breath, urine, or other21202
bodily substance tested and that contains all of the information21203
specified in this division shall be admitted as prima-facie21204
evidence of the information and statements that the report21205
contains. The laboratory report shall contain all of the21206
following:21207

       (a) The signature, under oath, of any person who performed21208
the analysis;21209

       (b) Any findings as to the identity and quantity of alcohol,21210
a drug of abuse, or a combination of them that was found;21211

       (c) A copy of a notarized statement by the laboratory21212
director or a designee of the director that contains the name of21213
each certified analyst or test performer involved with the report,21214
the analyst's or test performer's employment relationship with the21215
laboratory that issued the report, and a notation that performing21216
an analysis of the type involved is part of the analyst's or test21217
performer's regular duties;21218

       (d) An outline of the analyst's or test performer's21219
education, training, and experience in performing the type of21220
analysis involved and a certification that the laboratory21221
satisfies appropriate quality control standards in general and, in21222
this particular analysis, under rules of the department of health.21223

       (2) Notwithstanding any other provision of law regarding the21224
admission of evidence, a report of the type described in division21225
(E)(1) of this section is not admissible against the defendant to21226
whom it pertains in any proceeding, other than a preliminary21227
hearing or a grand jury proceeding, unless the prosecutor has21228
served a copy of the report on the defendant's attorney or, if the21229
defendant has no attorney, on the defendant.21230

       (3) A report of the type described in division (E)(1) of21231
this section shall not be prima-facie evidence of the contents,21232
identity, or amount of any substance if, within seven days after21233
the defendant to whom the report pertains or the defendant's21234
attorney receives a copy of the report, the defendant or the21235
defendant's attorney demands the testimony of the person who21236
signed the report. The judge in the case may extend the seven-day21237
time limit in the interest of justice.21238

       (F) Except as otherwise provided in this division, any21239
physician, registered nurse, or qualified technician or, chemist,21240
or phlebotomist who withdraws blood from a person pursuant to this21241
section, and any hospital, first-aid station, or clinic at which21242
blood is withdrawn from a person pursuant to this section, is21243
immune from criminal liability, and from civil liability that is21244
based upon a claim of assault and battery or based upon any other21245
claim that is not in the nature of a claim of malpractice, for any21246
act performed in withdrawing blood from the person. The immunity21247
provided in this division is not available to a person who21248
withdraws blood if the person engages in willful or wanton21249
misconduct.21250

       (G)(1) Whoever violates any provision of divisions (A)(1) to21251
(9) of this section is guilty of operating a vehicle under the21252
influence of alcohol, a drug of abuse, or a combination of them.21253
The court shall sentence the offender under Chapter 2929. of the21254
Revised Code, except as otherwise authorized or required by21255
divisions (G)(1)(a) to (e) of this section:21256

       (a) Except as otherwise provided in division (G)(1)(b), (c),21257
(d), or (e) of this section, the offender is guilty of a21258
misdemeanor of the first degree, and the court shall sentence the21259
offender to all of the following:21260

       (i) If the sentence is being imposed for a violation of21261
division (A)(1), (2), (3), (4), or (5) of this section, a21262
mandatory jail term of three consecutive days. As used in this21263
division, three consecutive days means seventy-two consecutive21264
hours. The court may sentence an offender to both an intervention21265
program and a jail term. The court may impose a jail term in21266
addition to the three-day mandatory jail term or intervention21267
program. However, in no case shall the cumulative jail term21268
imposed for the offense exceed six months.21269

       The court may suspend the execution of the three-day jail21270
term under this division if the court, in lieu of that suspended21271
term, places the offender on probation and requires the offender21272
to attend, for three consecutive days, a drivers' intervention21273
program certified under section 3793.10 of the Revised Code. The21274
court also may suspend the execution of any part of the three-day21275
jail term under this division if it places the offender on21276
probation for part of the three days, requires the offender to21277
attend for the suspended part of the term a drivers' intervention21278
program so certified, and sentences the offender to a jail term21279
equal to the remainder of the three consecutive days that the21280
offender does not spend attending the program. The court may21281
require the offender, as a condition of probation and in addition21282
to the required attendance at a drivers' intervention program, to21283
attend and satisfactorily complete any treatment or education21284
programs that comply with the minimum standards adopted pursuant21285
to Chapter 3793. of the Revised Code by the director of alcohol21286
and drug addiction services that the operators of the drivers'21287
intervention program determine that the offender should attend and21288
to report periodically to the court on the offender's progress in21289
the programs. The court also may impose on the offender any other21290
conditions of probation that it considers necessary.21291

       (ii) If the sentence is being imposed for a violation of21292
division (A)(6), (7), (8), or (9) of this section, except as21293
otherwise provided in this division, a mandatory jail term of at21294
least three consecutive days and a requirement that the offender21295
attend, for three consecutive days, a drivers' intervention21296
program that is certified pursuant to section 3793.10 of the21297
Revised Code. As used in this division, three consecutive days21298
means seventy-two consecutive hours. If the court determines that21299
the offender is not conducive to treatment in a drivers'21300
intervention program, if the offender refuses to attend a drivers'21301
intervention program, or if the jail at which the offender is to21302
serve the jail term imposed can provide a driver's intervention21303
program, the court shall sentence the offender to a mandatory jail21304
term of at least six consecutive days. 21305

       The court may require the offender, as a condition of21306
probation, to attend and satisfactorily complete any treatment or21307
education programs that comply with the minimum standards adopted21308
pursuant to Chapter 3793. of the Revised Code by the director of21309
alcohol and drug addiction services, in addition to the required21310
attendance at drivers' intervention program, that the operators of21311
the drivers' intervention program determine that the offender21312
should attend and to report periodically to the court on the21313
offender's progress in the programs. The court also may impose21314
any other conditions of probation on the offender that it21315
considers necessary.21316

       (iii) In all cases, a fine of not less than two hundred fifty21317
and not more than one thousand dollars;21318

       (iv) In all cases, a class five license suspension of the21319
offender's driver's or commercial driver's license or permit or21320
nonresident operating privilege from the range specified in21321
division (A)(5) of section 4510.02 of the Revised Code. The court21322
may grant limited driving privileges relative to the suspension21323
under sections 4510.021 and 4510.13 of the Revised Code.21324

       (b) Except as otherwise provided in division (G)(1)(e) of21325
this section, an offender who, within six years of the offense,21326
previously has been convicted of or pleaded guilty to one21327
violation of division (A) or (B) of this section or one other21328
equivalent offense is guilty of a misdemeanor of the first degree.21329
The court shall sentence the offender to all of the following:21330

       (i) If the sentence is being imposed for a violation of21331
division (A)(1), (2), (3), (4), or (5) of this section, a21332
mandatory jail term of ten consecutive days. The court shall21333
impose the ten-day mandatory jail term under this division unless,21334
subject to division (G)(3) of this section, it instead imposes a21335
sentence under that division consisting of both a jail term and a21336
term of electronically monitored house arrest. The court may21337
impose a jail term in addition to the ten-day mandatory jail term.21338
The cumulative jail term imposed for the offense shall not exceed21339
six months.21340

       In addition to the jail term or the term of electronically21341
monitored house arrest and jail term, the court may require the21342
offender to attend a drivers' intervention program that is21343
certified pursuant to section 3793.10 of the Revised Code. If the21344
operator of the program determines that the offender is alcohol21345
dependent, the program shall notify the court, and, subject to21346
division (I) of this section, the court shall order the offender21347
to obtain treatment through an alcohol and drug addiction program21348
authorized by section 3793.02 of the Revised Code.21349

       (ii) If the sentence is being imposed for a violation of21350
division (A)(6), (7), (8), or (9) of this section, except as21351
otherwise provided in this division, a mandatory jail term of21352
twenty consecutive days. The court shall impose the twenty-day21353
mandatory jail term under this division unless, subject to21354
division (G)(3) of this section, it instead imposes a sentence21355
under that division consisting of both a jail term and a term of21356
electronically monitored house arrest. The court may impose a21357
jail term in addition to the twenty-day mandatory jail term. The21358
cumulative jail term imposed for the offense shall not exceed six21359
months.21360

       In addition to the jail term or the term of electronically21361
monitored house arrest and jail term, the court may require the21362
offender to attend a driver's intervention program that is21363
certified pursuant to section 3793.10 of the Revised Code. If the21364
operator of the program determines that the offender is alcohol21365
dependent, the program shall notify the court, and, subject to21366
division (I) of this section, the court shall order the offender21367
to obtain treatment through an alcohol and drug addiction program21368
authorized by section 3793.02 of the Revised Code.21369

       (iii) In all cases, notwithstanding the fines set forth in21370
Chapter 2929. of the Revised Code, a fine of not less than three21371
hundred fifty and not more than one thousand five hundred dollars;21372

       (iv) In all cases, a class four license suspension of the21373
offender's driver's license, commercial driver's license,21374
temporary instruction permit, probationary license, or nonresident21375
operating privilege from the range specified in division (A)(4) of21376
section 4510.02 of the Revised Code. The court may grant limited21377
driving privileges relative to the suspension under sections21378
4510.021 and 4510.13 of the Revised Code.21379

       (v) In all cases, if the vehicle is registered in the21380
offender's name, immobilization of the vehicle involved in the21381
offense for ninety days in accordance with section 4503.233 of the21382
Revised Code and impoundment of the license plates of that vehicle21383
for ninety days.21384

       (c) Except as otherwise provided in division (G)(1)(e) of21385
this section, an offender who, within six years of the offense,21386
previously has been convicted of or pleaded guilty to two21387
violations of division (A) or (B) of this section or other21388
equivalent offenses is guilty of a misdemeanor. The court shall21389
sentence the offender to all of the following:21390

       (i) If the sentence is being imposed for a violation of21391
division (A)(1), (2), (3), (4), or (5) of this section, a21392
mandatory jail term of thirty consecutive days. The court shall21393
impose the thirty-day mandatory jail term under this division21394
unless, subject to division (G)(3) of this section, it instead21395
imposes a sentence under that division consisting of both a jail21396
term and a term of electronically monitored house arrest. The21397
court may impose a jail term in addition to the thirty-day21398
mandatory jail term. Notwithstanding the terms of imprisonment set21399
forth in Chapter 2929. of the Revised Code, the additional jail21400
term shall not exceed one year, and the cumulative jail term21401
imposed for the offense shall not exceed one year.21402

       (ii) If the sentence is being imposed for a violation of21403
division (A)(6), (7), (8), or (9) of this section, a mandatory21404
jail term of sixty consecutive days. The court shall impose the21405
sixty-day mandatory jail term under this division unless, subject21406
to division (G)(3) of this section, it instead imposes a sentence21407
under that division consisting of both a jail term and a term of21408
electronically monitored house arrest. The court may impose a21409
jail term in addition to the sixty-day mandatory jail term. 21410
Notwithstanding the terms of imprisonment set forth in Chapter21411
2929. of the Revised Code, the additional jail term shall not21412
exceed one year, and the cumulative jail term imposed for the21413
offense shall not exceed one year.21414

       (iii) In all cases, notwithstanding the fines set forth in21415
Chapter 2929. of the Revised Code, a fine of not less than five21416
hundred fifty and not more than two thousand five hundred dollars;21417

       (iv) In all cases, a class three license suspension of the21418
offender's driver's license, commercial driver's license,21419
temporary instruction permit, probationary license, or nonresident21420
operating privilege from the range specified in division (A)(3) of21421
section 4510.02 of the Revised Code. The court may grant limited21422
driving privileges relative to the suspension under sections21423
4510.021 and 4510.13 of the Revised Code.21424

       (v) In all cases, if the vehicle is registered in the21425
offender's name, criminal forfeiture of the vehicle involved in21426
the offense in accordance with section 4503.234 of the Revised21427
Code. Division (G)(6) of this section applies regarding any21428
vehicle that is subject to an order of criminal forfeiture under21429
this division.21430

       (vi) In all cases, participation in an alcohol and drug21431
addiction program authorized by section 3793.02 of the Revised21432
Code, subject to division (I) of this section.21433

       (d) Except as otherwise provided in division (G)(1)(e) of21434
this section, an offender who, within six years of the offense,21435
previously has been convicted of or pleaded guilty to three or21436
more violations of division (A) or (B) of this section or other21437
equivalent offenses is guilty of a felony of the fourth degree.21438
The court shall sentence the offender to all of the following:21439

       (i) If the sentence is being imposed for a violation of21440
division (A)(1), (2), (3), (4), or (5) of this section, in the21441
discretion of the court, either a mandatory term of local21442
incarceration of sixty consecutive days in accordance with21443
division (G)(1) of section 2929.13 of the Revised Code or a21444
mandatory prison term of sixty consecutive days of imprisonment in21445
accordance with division (G)(2) of that section. If the court21446
imposes a mandatory term of local incarceration, it may impose a21447
jail term in addition to the sixty-day mandatory term, the21448
cumulative total of the mandatory term and the jail term for the21449
offense shall not exceed one year, and no prison term is21450
authorized for the offense. If the court imposes a mandatory21451
prison term, notwithstanding division (A)(4) of section 2929.14 of21452
the Revised Code, it also may sentence the offender to a definite21453
prison term that shall be not less than six months and not more21454
than thirty months, the prison terms shall be imposed as described21455
in division (G)(2) of section 2929.13 of the Revised Code, and no21456
term of local incarceration, community residential sanction, or21457
nonresidential sanction is authorized for the offense.21458

       (ii) If the sentence is being imposed for a violation of21459
division (A)(6), (7), (8), or (9) of this section, in the21460
discretion of the court, either a mandatory term of local21461
incarceration of one hundred twenty consecutive days in accordance21462
with division (G)(1) of section 2929.13 of the Revised Code or a21463
mandatory prison term of one hundred twenty consecutive days in21464
accordance with division (G)(2) of that section. If the court21465
imposes a mandatory term of local incarceration, it may impose a21466
jail term in addition to the one hundred twenty-day mandatory21467
term, the cumulative total of the mandatory term and the jail term21468
for the offense shall not exceed one year, and no prison term is21469
authorized for the offense. If the court imposes a mandatory21470
prison term, notwithstanding division (A)(4) of section 2929.14 of21471
the Revised Code, it also may sentence the offender to a definite21472
prison term that shall be not less than six months and not more21473
than thirty months, the prison terms shall be imposed as described21474
in division (G)(2) of section 2929.13 of the Revised Code, and no21475
term of local incarceration, community residential sanction, or21476
nonresidential sanction is authorized for the offense.21477

       (iii) In all cases, notwithstanding section 2929.18 of the21478
Revised Code, a fine of not less than eight hundred nor more than21479
ten thousand dollars;21480

       (iv) In all cases, a class two license suspension of the21481
offender's driver's license, commercial driver's license,21482
temporary instruction permit, probationary license, or nonresident21483
operating privilege from the range specified in division (A)(2) of21484
section 4510.02 of the Revised Code. The court may grant limited21485
driving privileges relative to the suspension under sections21486
4510.021 and 4510.13 of the Revised Code.21487

       (v) In all cases, if the vehicle is registered in the21488
offender's name, criminal forfeiture of the vehicle involved in21489
the offense in accordance with section 4503.234 of the Revised21490
Code. Division (G)(6) of this section applies regarding any21491
vehicle that is subject to an order of criminal forfeiture under21492
this division.21493

       (vi) In all cases, participation in an alcohol and drug21494
addiction program authorized by section 3793.02 of the Revised21495
Code, subject to division (I) of this section.21496

       (vii) In all cases, if the court sentences the offender to a21497
mandatory term of local incarceration, in addition to the21498
mandatory term, the court, pursuant to section 2929.17 of the21499
Revised Code, may impose a term of electronically monitored house21500
arrest. The term shall not commence until after the offender has21501
served the mandatory term of local incarceration.21502

       (e) An offender who previously has been convicted of or21503
pleaded guilty to a violation of division (A) of this section that21504
was a felony, regardless of when the violation and the conviction21505
or guilty plea occurred, is guilty of a felony of the third21506
degree. The court shall sentence the offender to all of the21507
following:21508

       (i) If the offender is being sentenced for a violation of21509
division (A)(1), (2), (3), (4), or (5) of this section, a21510
mandatory prison term of sixty consecutive days in accordance with21511
division (G)(2) of section 2929.13 of the Revised Code. The court21512
may impose a prison term in addition to the sixty-day mandatory21513
prison term. The cumulative total of the mandatory prison term21514
and the additional prison term for the offense shall not exceed21515
five years. No term of local incarceration, community residential21516
sanction, or nonresidential sanction is authorized for the21517
offense. 21518

       (ii) If the sentence is being imposed for a violation of21519
division (A)(6), (7), (8), or (9) of this section, a mandatory21520
prison term of one hundred twenty consecutive days in accordance21521
with division (G)(2) of section 2929.13 of the Revised Code. The21522
court may impose a prison term in addition to the one hundred21523
twenty-day mandatory prison term. The cumulative total of the21524
mandatory prison term and the additional prison term for the21525
offense shall not exceed five years. No term of local21526
incarceration, community residential sanction, or nonresidential21527
sanction is authorized for the offense.21528

       (iii) In all cases, notwithstanding section 2929.18 of the21529
Revised Code, a fine of not less than eight hundred nor more than21530
ten thousand dollars;21531

       (iv) In all cases, a class two license suspension of the21532
offender's driver's license, commercial driver's license,21533
temporary instruction permit, probationary license, or nonresident21534
operating privilege from the range specified in division (A)(2) of21535
section 4510.02 of the Revised Code. The court may grant limited21536
driving privileges relative to the suspension under sections21537
4510.021 and 4510.13 of the Revised Code.21538

       (v) In all cases, if the vehicle is registered in the21539
offender's name, criminal forfeiture of the vehicle involved in21540
the offense in accordance with section 4503.234 of the Revised21541
Code. Division (G)(6) of this section applies regarding any21542
vehicle that is subject to an order of criminal forfeiture under21543
this division.21544

       (vi) In all cases, participation in an alcohol and drug21545
addiction program authorized by section 3793.02 of the Revised21546
Code, subject to division (I) of this section.21547

       (2) An offender who is convicted of or pleads guilty to a21548
violation of division (A) of this section and who subsequently21549
seeks reinstatement of the driver's or occupational driver's21550
license or permit or nonresident operating privilege suspended21551
under this section as a result of the conviction or guilty plea21552
shall pay a reinstatement fee as provided in division (F)(2) of21553
section 4511.191 of the Revised Code.21554

       (3) If an offender is sentenced to a jail term under21555
division (G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this21556
section and if, within sixty days of sentencing of the offender,21557
the court issues a written finding on the record that, due to the21558
unavailability of space at the jail where the offender is required21559
to serve the term, the offender will not be able to begin serving21560
that term within the sixty-day period following the date of21561
sentencing, the court may impose an alternative sentence under21562
this division that includes a term of electronically monitored21563
house arrest, as defined in section 2929.23 of the Revised Code.21564

       As an alternative to a mandatory jail term of ten consecutive21565
days required by division (G)(1)(b)(i) of this section, the court,21566
under this division, may sentence theoffender to five consecutive21567
days in jail and not less than eighteen consecutive days of21568
electronically monitored house arrest. The cumulative total of21569
the five consecutive days in jail and the period of electronically21570
monitored house arrest shall not exceed six months. The five21571
consecutive days in jail do not have to be served prior to or21572
consecutively to the period of house arrest.21573

       As an alternative to the mandatory jail term of twenty21574
consecutive days required by division (G)(1)(b)(ii) of this21575
section, the court, under this division, may sentence the offender21576
to ten consecutive days in jail and not less than thirty-six21577
consecutive days of electronically monitored house arrest. The21578
cumulative total of the ten consecutive days in jail and the21579
period of electronically monitored house arrest shall not exceed21580
six months. The ten consecutive days in jail do not have to be21581
served prior to or consecutively to the period of house arrest.21582

       As an alternative to a mandatory jail term of thirty21583
consecutive days required by division (G)(1)(c)(i) of this21584
section, the court, under this division, may sentence the offender21585
to fifteen consecutive days in jail and not less than fifty-five21586
consecutive days of electronically monitored house arrest. The21587
cumulative total of the fifteen consecutive days in jail and the21588
period of electronically monitored house arrest shall not exceed21589
one year. The fifteen consecutive days in jaildo not have to be21590
served prior to or consecutively to the period of house arrest.21591

       As an alternative to the mandatory jail term of sixty21592
consecutive days required by division (G)(1)(c)(ii) of this21593
section, the court, under this division, may sentence the offender21594
to thirty consecutive days in jail and not less than one hundred21595
ten consecutive days of electronically monitored house arrest. The21596
cumulative total of the thirty consecutive days in jail and the21597
period of electronically monitored house arrest shall not exceed21598
one year. The thirty consecutive days in jail do not have to be21599
served prior to or consecutively to the period of house arrest.21600

       (4) If an offender's driver's or occupational driver's21601
license or permit or nonresident operating privilege is suspended21602
under division (G) of this section and if section 4510.13 of the21603
Revised Code permits the court to grant limited driving21604
privileges, the court may grant the limited driving privileges21605
only if the court imposes as one of the conditions of the21606
privileges that the offender must display on the vehicle that is21607
driven subject to the privileges restricted license plates that21608
are issued under section 4503.231 of the Revised Code, except as21609
provided in division (B) of that section.21610

       (5) Fines imposed under this section for a violation of21611
division (A) of this section shall be distributed as follows:21612

       (a) Twenty-five dollars of the fine imposed under division21613
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under21614
division (G)(1)(b)(iii), one hundred twenty-three dollars of the21615
fine imposed under division (G)(1)(c)(iii), and two hundred ten21616
dollars of the fine imposed under division (G)(1)(d)(iii) or21617
(e)(iii) of this section shall be paid to an enforcement and21618
education fund established by the legislative authority of the law21619
enforcement agency in this state that primarily was responsible21620
for the arrest of the offender, as determined by the court that21621
imposes the fine. The agency shall use this share to pay only21622
those costs it incurs in enforcing this section or a municipal OVI21623
ordinance and in informing the public of the laws governing the21624
operation of a vehicle while under the influence of alcohol, the21625
dangers of the operation of a vehicle under the influence of21626
alcohol, and other information relating to the operation of a21627
vehicle under the influence of alcohol and the consumption of21628
alcoholic beverages. 21629

       (b) Fifty dollars of the fine imposed under division21630
(G)(1)(a)(iii) of this section shall be paid to the political21631
subdivision that pays the cost of housing the offender during the21632
offender's term of incarceration. If the offender is being21633
sentenced for a violation of division (A)(1), (2), (3), (4), or21634
(5) of this section and was confined as a result of the offense21635
prior to being sentenced for the offense but is not sentenced to a21636
term of incarceration, the fifty dollars shall be paid to the21637
political subdivision that paid the cost of housing the offender21638
during that period of confinement. The political subdivision21639
shall use the share under this division to pay or reimburse21640
incarceration or treatment costs it incurs in housing or providing21641
drug and alcohol treatment to persons who violate this section or21642
a municipal OVI ordinance, costs of any immobilizing or disabling21643
device used on the offender's vehicle, and costs of electronic21644
house arrest equipment needed for persons who violate this21645
section.21646

       (c) Twenty-five dollars of the fine imposed under division21647
(G)(1)(a)(iii) and fifty dollars of the fine imposed under21648
division (G)(1)(b)(iii) of this section shall be deposited into21649
the county or municipal indigent drivers' alcohol treatment fund21650
under the control of that court, as created by the county or21651
municipal corporation under division (N) of section 4511.191 of21652
the Revised Code.21653

       (d) One hundred fifteen dollars of the fine imposed under21654
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the21655
fine imposed under division (G)(1)(c)(iii), and four hundred forty21656
dollars of the fine imposed under division (G)(1)(d)(iii) or21657
(e)(iii) of this section shall be paid to the political21658
subdivision that pays the cost of housing the offender during the21659
offender's term of incarceration. The political subdivision shall21660
use this share to pay or reimburse incarceration or treatment21661
costs it incurs in housing or providing drug and alcohol treatment21662
to persons who violate this section or a municipal OVI ordinance,21663
costs for any immobilizing or disabling device used on the21664
offender's vehicle, and costs of electronic house arrest equipment21665
needed for persons who violate this section.21666

       (e) The balance of the fine imposed under division21667
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this21668
section shall be disbursed as otherwise provided by law.21669

       (6) If title to a motor vehicle that is subject to an order21670
of criminal forfeiture under division (G)(1)(c), (d), or (e) of21671
this section is assigned or transferred and division (B)(2) or (3)21672
of section 4503.234 of the Revised Code applies, in addition to or21673
independent of any other penalty established by law, the court may21674
fine the offender the value of the vehicle as determined by21675
publications of the national auto dealers association. The21676
proceeds of any fine so imposed shall be distributed in accordance21677
with division (C)(2) of that section.21678

       (H) Whoever violates division (B) of this section is guilty21679
of operating a vehicle after underage alcohol consumption and21680
shall be punished as follows:21681

       (1) Except as otherwise provided in division (H)(2) of this21682
section, the offender is guilty of a misdemeanor of the fourth21683
degree. In addition to any other sanction imposed for the21684
offense, the court shall impose a class six suspension of the21685
offender's driver's license, commercial driver's license,21686
temporary instruction permit, probationary license, or nonresident21687
operating privilege from the range specified in division (A)(6) of21688
section 4510.02 of the Revised Code.21689

       (2) If, within one year of the offense, the offender21690
previously has been convicted of or pleaded guilty to one or more21691
violations of division (A) or (B) of this section or other21692
equivalent offense offenses, the offender is guilty of a21693
misdemeanor of the third degree. In addition to any other21694
sanction imposed for the offense, the court shall impose a class21695
four suspension of the offender's driver's license, commercial21696
driver's license, temporary instruction permit, probationary21697
license, or nonresident operating privilege from the range21698
specified in division (A)(4) of section 4510.02 of the Revised21699
Code.21700

       (I)(1) No court shall sentence an offender to an alcohol21701
treatment program under this section unless the treatment program21702
complies with the minimum standards for alcohol treatment programs21703
adopted under Chapter 3793. of the Revised Code by the director of21704
alcohol and drug addiction services.21705

       (2) An offender who stays in a drivers' intervention program21706
or in an alcohol treatment program under an order issued under21707
this section shall pay the cost of the stay in the program.21708
However, if the court determines that an offender who stays in an21709
alcohol treatment program under an order issued under this section21710
is unable to pay the cost of the stay in the program, the court21711
may order that the cost be paid from the court's indigent drivers'21712
alcohol treatment fund.21713

       (J) If a person whose driver's or commercial driver's license21714
or permit or nonresident operating privilege is suspended under21715
this section files an appeal regarding any aspect of the person's21716
trial or sentence, the appeal itself does not stay the operation21717
of the suspension.21718

       (K) All terms defined in sections 4510.01 of the Revised Code21719
apply to this section. If the meaning of a term defined in21720
section 4510.01 of the Revised Code conflicts with the meaning of21721
the same term as defined in section 4501.01 or 4511.01 of the21722
Revised Code, the term as defined in section 4510.01 of the21723
Revised Code applies to this section.21724

       (L)(1) The Ohio Traffic Rules in effect on the effective date21725
of this amendment, as adopted by the supreme court under authority21726
of section 2937.46 of the Revised Code, do not apply to felony21727
violations of this section. Subject to division (L)(2) of this21728
section, the Rules of Criminal Procedure apply to felony21729
violations of this section.21730

       (2) If, on or after the effective date of this amendment,21731
the supreme court modifies the Ohio Traffic Rules to provide21732
procedures to govern felony violations of this section, the21733
modified rules shall apply to felony violations of this section.21734

       Sec. 4511.191.  (A)(1) "Physical control" has the same21735
meaning as in section 4511.194 of the Revised Code.21736

       (2) Any person who operates a vehicle, streetcar, or21737
trackless trolley upon a highway or any public or private property21738
used by the public for vehicular travel or parking within this21739
state or who is in physical control of a vehicle, streetcar, or21740
trackless trolley shall be deemed to have given consent to a21741
chemical test or tests of the person's whole blood, blood serum or21742
plasma, breath, or urine for the purpose of determiningto21743
determine the alcohol, drug, or alcohol and drug content of the21744
person's whole blood, blood serum or plasma, breath, or urine if21745
arrested for operating a vehicle while under the influence of21746
alcohol, a drug of abuse, or alcohol and a drug of abuse or for21747
operating a vehicle with a prohibited concentration of alcohol in21748
the blood, breath, or urine. Thea violation of division (A) or21749
(B) of section 4511.19 of the Revised Code, section 4511.194 of21750
the Revised Code, or a municipal OVI ordinance.21751

       (3) The chemical test or tests under division (A)(2) of this21752
section shall be administered at the request of a policelaw21753
enforcement officer having reasonable grounds to believe the21754
person to have beenwas operating or in physical control of a21755
vehicle upon a highway or any public or private property used by21756
the public for vehicular travel or parking in this state while21757
under the influence of alcohol, a drug of abuse, or alcohol and a21758
drug of abuse or with a prohibited concentration of alcohol in the21759
blood, breath, or urine, streetcar, or trackless trolley in21760
violation of a division, section, or ordinance identified in21761
division (A)(2) of this section. The law enforcement agency by21762
which the officer is employed shall designate which of the tests21763
shall be administered.21764

       (B)(4) Any person who is dead or unconscious, or who is21765
otherwise is in a condition rendering the person incapable of21766
refusal, shall be deemed not to have withdrawn consentconsented21767
as provided byin division (A)(2) of this section, and the test or21768
tests may be administered, subject to sections 313.12 to 313.16 of21769
the Revised Code.21770

       (C)(1) Any person under arrest for operating a vehicle while21771
under the influence of alcohol, a drug of abuse, or alcohol and a21772
drug of abuse or for operating a vehicle with a prohibited21773
concentration of alcohol in the blood, breath, or urine shall be21774
advised at a police station, or at a hospital, first-aid station,21775
or clinic to which the person has been taken for first-aid or21776
medical treatment, of both of the following:21777

       (a) The consequences, as specified in division (E) of this21778
section, of the person's refusal to submit upon request to a21779
chemical test designated by the law enforcement agency as provided21780
in division (A) of this section;21781

       (b) The consequences, as specified in division (F) of this21782
section, of the person's submission to the designated chemical21783
test if the person is found to have a prohibited concentration of21784
alcohol in the blood, breath, or urine.21785

       (2)(a) The advice given pursuant to division (C)(1) of this21786
section shall be in a written form containing the information21787
described in division (C)(2)(b) of this section and shall be read21788
to the person. The form shall contain a statement that the form21789
was shown to the person under arrest and read to the person in the21790
presence of the arresting officer and either another police21791
officer, a civilian police employee, or an employee of a hospital,21792
first-aid station, or clinic, if any, to which the person has been21793
taken for first-aid or medical treatment. The witnesses shall21794
certify to this fact by signing the form.21795

       (b) The form required by division (C)(2)(a) of this section21796
shall read as follows:21797

       "You now are under arrest for operating a vehicle while under21798
the influence of alcohol, a drug of abuse, or both alcohol and a21799
drug of abuse and will be requested by a police officer to submit21800
to a chemical test to determine the concentration of alcohol,21801
drugs of abuse, or alcohol and drugs of abuse in your blood,21802
breath, or urine.21803

       If you refuse to submit to the requested test or if you21804
submit to the requested test and are found to have a prohibited21805
concentration of alcohol in your blood, breath, or urine, your21806
driver's or commercial driver's license or permit or nonresident21807
operating privilege immediately will be suspended for the period21808
of time specified by law by the officer, on behalf of the21809
registrar of motor vehicles. You may appeal this suspension at21810
your initial appearance before the court that hears the charges21811
against you resulting from the arrest, and your initial appearance21812
will be conducted no later than five days after the arrest. This21813
suspension is independent of the penalties for the offense, and21814
you may be subject to other penalties upon conviction."21815

       (D)(1) If a person under arrest as described in division21816
(C)(1) of this section is not asked by a police officer to submit21817
to a chemical test designated as provided in division (A) of this21818
section, the arresting officer shall seize the Ohio or21819
out-of-state driver's or commercial driver's license or permit of21820
the person and immediately forward the seized license or permit to21821
the court in which the arrested person is to appear on the charge21822
for which the person was arrested. If the arrested person does21823
not have the person's driver's or commercial driver's license or21824
permit on the person's self or in the person's vehicle, the21825
arresting officer shall order the arrested person to surrender it21826
to the law enforcement agency that employs the officer within21827
twenty-four hours after the arrest, and, upon the surrender, the21828
officer's employing agency immediately shall forward the license21829
or permit to the court in which the arrested person is to appear21830
on the charge for which the person was arrested. Upon receipt of21831
the license or permit, the court shall retain it pending the21832
initial appearance of the arrested person and any action taken21833
under section 4511.196 of the Revised Code.21834

       If a person under arrest as described in division (C)(1) of21835
this section is asked by a police officer to submit to a chemical21836
test designated as provided in division (A) of this section and is21837
advised of the consequences of the person's refusal or submission21838
as provided in division (C) of this section and if the person21839
either refuses to submit to the designated chemical test or the21840
person submits to the designated chemical test and the test21841
results indicate that the person's blood contained a concentration21842
of ten-hundredths of one per cent or more by weight of alcohol,21843
the person's breath contained a concentration of ten-hundredths of21844
one gram or more by weight of alcohol per two hundred ten liters21845
of the person's breath, or the person's urine contained a21846
concentration of fourteen-hundredths of one gram or more by weight21847
of alcohol per one hundred milliliters of the person's urine at21848
the time of the alleged offense, the arresting officer shall do21849
all of the following:21850

       (a) On behalf of the registrar, serve a notice of suspension21851
upon the person that advises the person that, independent of any21852
penalties or sanctions imposed upon the person pursuant to any21853
other section of the Revised Code or any other municipal21854
ordinance, the person's driver's or commercial driver's license or21855
permit or nonresident operating privilege is suspended, that the21856
suspension takes effect immediately, that the suspension will last21857
at least until the person's initial appearance on the charge that21858
will be held within five days after the date of the person's21859
arrest or the issuance of a citation to the person, and that the21860
person may appeal the suspension at the initial appearance; seize21861
the Ohio or out-of-state driver's or commercial driver's license21862
or permit of the person; and immediately forward the seized21863
license or permit to the registrar. If the arrested person does21864
not have the person's driver's or commercial driver's license or21865
permit on the person's self or in the person's vehicle, the21866
arresting officer shall order the person to surrender it to the21867
law enforcement agency that employs the officer within twenty-four21868
hours after the service of the notice of suspension, and, upon the21869
surrender, the officer's employing agency immediately shall21870
forward the license or permit to the registrar.21871

       (b) Verify the current residence of the person and, if it21872
differs from that on the person's driver's or commercial driver's21873
license or permit, notify the registrar of the change;21874

       (c) In addition to forwarding the arrested person's driver's21875
or commercial driver's license or permit to the registrar, send to21876
the registrar, within forty-eight hours after the arrest of the21877
person, a sworn report that includes all of the following21878
statements:21879

       (i) That the officer had reasonable grounds to believe that,21880
at the time of the arrest, the arrested person was operating a21881
vehicle upon a highway or public or private property used by the21882
public for vehicular travel or parking within this state while21883
under the influence of alcohol, a drug of abuse, or alcohol and a21884
drug of abuse or with a prohibited concentration of alcohol in the21885
blood, breath, or urine;21886

       (ii) That the person was arrested and charged with operating21887
a vehicle while under the influence of alcohol, a drug of abuse,21888
or alcohol and a drug of abuse or with operating a vehicle with a21889
prohibited concentration of alcohol in the blood, breath, or21890
urine;21891

       (iii) That the officer asked the person to take the21892
designated chemical test, advised the person of the consequences21893
of submitting to the chemical test or refusing to take the21894
chemical test, and gave the person the form described in division21895
(C)(2) of this section;21896

       (iv) That the person refused to submit to the chemical test21897
or that the person submitted to the chemical test and the test21898
results indicate that the person's blood contained a concentration21899
of ten-hundredths of one per cent or more by weight of alcohol,21900
the person's breath contained a concentration of ten-hundredths of21901
one gram or more by weight of alcohol per two hundred ten liters21902
of the person's breath, or the person's urine contained a21903
concentration of fourteen-hundredths of one gram or more by weight21904
of alcohol per one hundred milliliters of the person's urine at21905
the time of the alleged offense;21906

       (v) That the officer served a notice of suspension upon the21907
person as described in division (D)(1)(a) of this section.21908

       (2) The sworn report of an arresting officer completed under21909
division (D)(1)(c) of this section shall be given by the officer21910
to the arrested person at the time of the arrest or sent to the21911
person by regular first class mail by the registrar as soon21912
thereafter as possible, but no later than fourteen days after21913
receipt of the report. An arresting officer may give an unsworn21914
report to the arrested person at the time of the arrest provided21915
the report is complete when given to the arrested person and21916
subsequently is sworn to by the arresting officer. As soon as21917
possible, but no later than forty-eight hours after the arrest of21918
the person, the arresting officer shall send a copy of the sworn21919
report to the court in which the arrested person is to appear on21920
the charge for which the person was arrested.21921

       (3) The sworn report of an arresting officer completed and21922
sent to the registrar and the court under divisions (D)(1)(c) and21923
(D)(2) of this section is prima-facie proof of the information and21924
statements that it contains and shall be admitted and considered21925
as prima-facie proof of the information and statements that it21926
contains in any appeal under division (H) of this section relative21927
to any suspension of a person's driver's or commercial driver's21928
license or permit or nonresident operating privilege that results21929
from the arrest covered by the report.21930

       (E)(B)(1) Upon receipt of the sworn report of an arrestinga21931
law enforcement officer who arrested a person for a violation of21932
division (A) or (B) of section 4511.19 of the Revised Code,21933
section 4511.194 of the Revised Code, or a municipal OVI ordinance21934
that was completed and sent to the registrar and a court pursuant21935
to divisions (D)(1)(c) and (D)(2) of this section 4511.192 of the21936
Revised Code in regard to a person who refused to take the21937
designated chemical test, the registrar shall enter into the21938
registrar's records the fact that the person's driver's or21939
commercial driver's license or permit or nonresident operating21940
privilege was suspended by the arresting officer under division21941
(D)(1)(a) of this division and that section and the period of the21942
suspension, as determined under divisions (E)(1)(a) to (d) of this21943
section. The suspension shall be subject to appeal as provided in21944
this section and4511.197 of the Revised Code. The suspension21945
shall be for whichever of the following periods applies:21946

       (a) If the arrested person, within five years of the date on21947
which the person refused the request to consent to the chemical21948
test, had not refused a previous request to consent to a chemical21949
test of the person's blood, breath, or urine to determine its21950
alcohol contentExcept when division (B)(1)(b), (c), or (d) of21951
this section applies and specifies a different class or length of21952
suspension, the period of suspension shall be one year. If the21953
person is a resident without a license or permit to operate a21954
vehicle within this state, the registrar shall deny to the person21955
the issuance of a driver's or commercial driver's license or21956
permit for a period of one year after the date of the alleged21957
violationa class C suspension for the period of time specified in21958
division (B)(3) of section 4510.02 of the Revised Code.21959

       (b) If the arrested person, within fivesix years of the21960
date on which the person refused the request to consent to the21961
chemical test, had refused one previous request to consent to a21962
chemical test of the person's blood, breath, or urine to determine21963
its alcohol content, the period of suspension or denial shall be21964
two yearsa class B suspension imposed for the period of time21965
specified in division (B)(2) of section 4510.02 of the Revised21966
Code.21967

       (c) If the arrested person, within fivesix years of the21968
date on which the person refused the request to consent to the21969
chemical test, had refused two previous requests to consent to a21970
chemical test of the person's blood, breath, or urine to determine21971
its alcohol content, the period of suspension or denial shall be21972
three yearsa class A suspension imposed for the period of time21973
specified in division (B)(1) of section 4510.02 of the Revised21974
Code.21975

       (d) If the arrested person, within fivesix years of the21976
date on which the person refused the request to consent to the21977
chemical test, had refused three or more previous requests to21978
consent to a chemical test of the person's blood, breath, or urine21979
to determine its alcohol content, the period of suspension or21980
denial shall be for five years.21981

       (2) The suspension or denial imposed under division (E)(1)21982
of this section shall continue for the entire one-year, two-year,21983
three-year, or five-year period, subject to appeal as provided in21984
this section and subject to termination as provided in division21985
(K) of this section.21986

       (F)(2)The registrar shall terminate a suspension of the21987
driver's or commercial driver's license or permit of a resident or21988
of the operating privilege of a nonresident, or a denial of a21989
driver's or commercial driver's license or permit, imposed21990
pursuant to division (B)(1) of this section upon receipt of notice21991
that the person has entered a plea of guilty to, or has been21992
convicted of, operating a vehicle in violation of section 4511.1921993
of the Revised Code or in violation of a municipal OVI ordinance,21994
if the offense for which the conviction is had or the plea is21995
entered arose from the same incident that led to the suspension or21996
denial.21997

       The registrar shall credit against any judicial suspension of21998
a person's driver's or commercial driver's license or permit or21999
nonresident operating privilege imposed pursuant to section22000
4511.19 of the Revised Code, or pursuant to section 4510.07 of the22001
Revised Code for a violation of a municipal OVI ordinance, any22002
time during which the person serves a related suspension imposed22003
pursuant to division (B)(1) of this section.22004

       (C)(1) Upon receipt of the sworn report of an arrestinglaw22005
enforcement officer who arrested a person for a violation of22006
division (A) or (B) of section 4511.19 of the Revised Code or a22007
municipal OVI ordinance that was completed and sent to the22008
registrar and a court pursuant to divisions (D)(1)(c) and (D)(2)22009
of this section 4511.192 of the Revised Code in regard to a person22010
whose test results indicate that the person's whole blood, blood22011
serum or plasma, breath, or urine contained aat least the22012
concentration of ten-hundredths of one per cent or more by weight22013
of alcohol, the person's breath contained a concentration of22014
ten-hundredths of one gram or more by weight of alcohol per two22015
hundred ten liters of the person's breath, or the person's urine22016
contained a concentration of fourteen-hundredths of one gram or22017
more by weight of alcohol per one hundred milliliters of the22018
person's urine at the time of the alleged offensespecified in22019
division (A)(2), (3), (4), or (5) of section 4511.19 of the22020
Revised Code, the registrar shall enter into the registrar's22021
records the fact that the person's driver's or commercial driver's22022
license or permit or nonresident operating privilege was suspended22023
by the arresting officer under division (D)(1)(a) of this division22024
and section 4511.192 of the Revised Code and the period of the22025
suspension, as determined under divisions (F)(1) to (4) of this22026
section. The suspension shall be subject to appeal as provided in22027
this section and4511.197 of the Revised Code. The suspension22028
described in this division does not apply to, and shall not be22029
imposed upon, a person arrested for a violation of section22030
4511.194 of the Revised Code who submits to a designated chemical22031
test. The suspension shall be for whichever of the following22032
periods that applies:22033

       (1)(a) Except when division (F)(2), (3), or (4)(C)(1)(b),22034
(c), or (d) of this section applies and specifies a different22035
period of suspension or denial, the period of the suspension or22036
denial shall be ninety daysa class E suspension imposed for the22037
period of time specified in division (B)(5) of section 4510.02 of22038
the Revised Code.22039

       (2)(b) The period of suspension or denial shall be one year22040
a class C suspension for the period of time specified in division22041
(B)(3) of section 4510.02 of the Revised Code if the person has22042
been convicted of or pleaded guilty to, within six years of the22043
date the test was conducted, of aone violation of one of the22044
following:22045

       (a) Divisiondivision (A) or (B) of section 4511.19 of the22046
Revised Code;22047

       (b) A municipal ordinance relating to operating a vehicle22048
while under the influence of alcohol, a drug of abuse, or alcohol22049
and a drug of abuse;22050

       (c) A municipal ordinance relating to operating a vehicle22051
with a prohibited concentration of alcohol in the blood, breath,22052
or urine;22053

       (d) Section 2903.04 of the Revised Code in a case in which22054
the offender was subject to the sanctions described in division22055
(D) of that section;22056

       (e) Division (A)(1) of section 2903.06 or division (A)(1) of22057
section 2903.08 of the Revised Code or a municipal ordinance that22058
is substantially similar to either of those divisions;22059

       (f) Division (A)(2), (3), or (4) of section 2903.06,22060
division (A)(2) of section 2903.08, or former section 2903.07 of22061
the Revised Code, or a municipal ordinance that is substantially22062
similar to any of those divisions or that former section, in a22063
case in which the jury or judge found that at the time of the22064
commission of the offense the offender was under the influence of22065
alcohol, a drug of abuse, or alcohol and a drug of abuse;22066

       (g) A statute of the United States or of any other state or22067
a municipal ordinance of a municipal corporation located in any22068
other state that is substantially similar to division (A) or (B)22069
of section 4511.19 of the Revised Codeor one other equivalent22070
offense.22071

       (3)(c) If the person has been convicted, within six years of22072
the date the test was conducted, ofthe person has been convicted22073
of or pleaded guilty to two violations of a statute or ordinance22074
described in division (F)(2)(C)(1)(b) of this section, the period22075
of the suspension or denial shall be two yearsa class B22076
suspension imposed for the period of time specified in division22077
(B)(2) of section 4510.02 of the Revised Code.22078

       (4)(d) If the person has been convicted, within six years of22079
the date the test was conducted, ofthe person has been convicted22080
of or pleaded guilty to more than two violations of a statute or22081
ordinance described in division (F)(2)(C)(1)(b) of this section,22082
the period of the suspension or denial shall be three yearsa22083
class A suspension imposed for the period of time specified in22084
division (B)(1) of section 4510.02 of the Revised Code.22085

       (2) The registrar shall terminate a suspension of the22086
driver's or commercial driver's license or permit of a resident or22087
of the operating privilege of a nonresident, or a denial of a22088
driver's or commercial driver's license or permit, imposed22089
pursuant to division (C)(1) of this section upon receipt of notice22090
that the person has entered a plea of guilty to, or has been22091
convicted of, operating a vehicle in violation of section 4511.1922092
of the Revised Code or in violation of a municipal OVI ordinance,22093
if the offense for which the conviction is had or the plea is22094
entered arose from the same incident that led to the suspension or22095
denial.22096

       The registrar shall credit against any judicial suspension of22097
a person's driver's or commercial driver's license or permit or22098
nonresident operating privilege imposed pursuant to section22099
4511.19 of the Revised Code, or pursuant to section 4510.07 of the22100
Revised Code for a violation of a municipal OVI ordinance, any22101
time during which the person serves a related suspension imposed22102
pursuant to division (C)(1) of this section.22103

       (G)(D)(1) A suspension of a person's driver's or commercial22104
driver's license or permit or nonresident operating privilege22105
under division (D)(1)(a) of this section for the period of time22106
described in division (E)(B) or (F)(C) of this section is22107
effective immediately from the time at which the arresting officer22108
serves the notice of suspension upon the arrested person. Any22109
subsequent finding that the person is not guilty of the charge22110
that resulted in the person being requested to take, or in the22111
person taking, the chemical test or tests under division (A) of22112
this section affectsdoes not affect the suspension only as22113
described in division (H)(2) of this section.22114

       (2) If a person is arrested for operating a vehicle while22115
under the influence of alcohol, a drug of abuse, or alcohol and a22116
drug of abuse or for operating a vehicle with a prohibited22117
concentration of alcohol in the blood, breath, or urine and,22118
streetcar, or trackless trolley in violation of division (A) or22119
(B) of section 4511.19 of the Revised Code or a municipal OVI22120
ordinance, or for being in physical control of a vehicle, 22121
streetcar, or trackless trolley in violation of section 4511.194 22122
of the Revised Code, regardless of whether the person's driver's 22123
or commercial driver's license or permit or nonresident operating22124
privilege is or is not suspended under division (E)(B) or (F)(C)22125
of this section or Chapter 4510. of the Revised Code, the person's22126
initial appearance on the charge resulting from the arrest shall22127
be held within five days of the person's arrest or the issuance of22128
the citation to the person, subject to any continuance granted by22129
the court pursuant to division (H)(1) of this section 4511.197 of22130
the Revised Code regarding the issues specified in that division.22131

       (H)(1) If a person is arrested for operating a vehicle while22132
under the influence of alcohol, a drug of abuse, or alcohol and a22133
drug of abuse or for operating a vehicle with a prohibited22134
concentration of alcohol in the blood, breath, or urine and if the22135
person's driver's or commercial driver's license or permit or22136
nonresident operating privilege is suspended under division (E) or22137
(F) of this section, the person may appeal the suspension at the22138
person's initial appearance on the charge resulting from the22139
arrest in the court in which the person will appear on that22140
charge. If the person appeals the suspension at the person's22141
initial appearance, the appeal does not stay the operation of the22142
suspension. Subject to division (H)(2) of this section, no court22143
has jurisdiction to grant a stay of a suspension imposed under22144
division (E) or (F) of this section, and any order issued by any22145
court that purports to grant a stay of any suspension imposed22146
under either of those divisions shall not be given administrative22147
effect.22148

       If the person appeals the suspension at the person's initial22149
appearance, either the person or the registrar may request a22150
continuance of the appeal. Either the person or the registrar22151
shall make the request for a continuance of the appeal at the same22152
time as the making of the appeal. If either the person or the22153
registrar requests a continuance of the appeal, the court may22154
grant the continuance. The court also may continue the appeal on22155
its own motion. The granting of a continuance applies only to the22156
conduct of the appeal of the suspension and does not extend the22157
time within which the initial appearance must be conducted, and22158
the court shall proceed with all other aspects of the initial22159
appearance in accordance with its normal procedures. Neither the22160
request for nor the granting of a continuance stays the operation22161
of the suspension that is the subject of the appeal.22162

       If the person appeals the suspension at the person's initial22163
appearance, the scope of the appeal is limited to determining22164
whether one or more of the following conditions have not been met:22165

       (a) Whether the law enforcement officer had reasonable22166
ground to believe the arrested person was operating a vehicle upon22167
a highway or public or private property used by the public for22168
vehicular travel or parking within this state while under the22169
influence of alcohol, a drug of abuse, or alcohol and a drug of22170
abuse or with a prohibited concentration of alcohol in the blood,22171
breath, or urine and whether the arrested person was in fact22172
placed under arrest;22173

       (b) Whether the law enforcement officer requested the22174
arrested person to submit to the chemical test designated pursuant22175
to division (A) of this section;22176

       (c) Whether the arresting officer informed the arrested22177
person of the consequences of refusing to be tested or of22178
submitting to the test;22179

       (d) Whichever of the following is applicable:22180

       (i) Whether the arrested person refused to submit to the22181
chemical test requested by the officer;22182

       (ii) Whether the chemical test results indicate that the22183
arrested person's blood contained a concentration of22184
ten-hundredths of one per cent or more by weight of alcohol, the22185
person's breath contained a concentration of ten-hundredths of one22186
gram or more by weight of alcohol per two hundred ten liters of22187
the person's breath, or the person's urine contained a22188
concentration of fourteen-hundredths of one gram or more by weight22189
of alcohol per one hundred milliliters of the person's urine at22190
the time of the alleged offense.22191

       (2) If the person appeals the suspension at the initial22192
appearance, the judge or referee of the court or the mayor of the22193
mayor's court shall determine whether one or more of the22194
conditions specified in divisions (H)(1)(a) to (d) of this section22195
have not been met. The person who appeals the suspension has the22196
burden of proving, by a preponderance of the evidence, that one or22197
more of the specified conditions has not been met. If during the22198
appeal at the initial appearance the judge or referee of the court22199
or the mayor of the mayor's court determines that all of those22200
conditions have been met, the judge, referee, or mayor shall22201
uphold the suspension, shall continue the suspension, and shall22202
notify the registrar of the decision on a form approved by the22203
registrar. Except as otherwise provided in division (H)(2) of22204
this section, if the suspension is upheld or if the person does22205
not appeal the suspension at the person's initial appearance under22206
division (H)(1) of this section, the suspension shall continue22207
until the complaint alleging the violation for which the person22208
was arrested and in relation to which the suspension was imposed22209
is adjudicated on the merits by the judge or referee of the trial22210
court or by the mayor of the mayor's court. If the suspension was22211
imposed under division (E) of this section and it is continued22212
under this division, any subsequent finding that the person is not22213
guilty of the charge that resulted in the person being requested22214
to take the chemical test or tests under division (A) of this22215
section does not terminate or otherwise affect the suspension. If22216
the suspension was imposed under division (F) of this section and22217
it is continued under this division, the suspension shall22218
terminate if, for any reason, the person subsequently is found not22219
guilty of the charge that resulted in the person taking the22220
chemical test or tests under division (A) of this section.22221

       If, during the appeal at the initial appearance, the judge or22222
referee of the trial court or the mayor of the mayor's court22223
determines that one or more of the conditions specified in22224
divisions (H)(1)(a) to (d) of this section have not been met, the22225
judge, referee, or mayor shall terminate the suspension, subject22226
to the imposition of a new suspension under division (B) of22227
section 4511.196 of the Revised Code; shall notify the registrar22228
of the decision on a form approved by the registrar; and, except22229
as provided in division (B) of section 4511.196 of the Revised22230
Code, shall order the registrar to return the driver's or22231
commercial driver's license or permit to the person or to take22232
such measures as may be necessary, if the license or permit was22233
destroyed under section 4507.55 of the Revised Code, to permit the22234
person to obtain a replacement driver's or commercial driver's22235
license or permit from the registrar or a deputy registrar in22236
accordance with that section. The court also shall issue to the22237
person a court order, valid for not more than ten days from the22238
date of issuance, granting the person operating privileges for22239
that period of time.22240

       If the person appeals the suspension at the initial22241
appearance, the registrar shall be represented by the prosecuting22242
attorney of the county in which the arrest occurred if the initial22243
appearance is conducted in a juvenile court or county court,22244
except that if the arrest occurred within a city or village within22245
the jurisdiction of the county court in which the appeal is22246
conducted, the city director of law or village solicitor of that22247
city or village shall represent the registrar. If the appeal is22248
conducted in a municipal court, the registrar shall be represented22249
as provided in section 1901.34 of the Revised Code. If the appeal22250
is conducted in a mayor's court, the registrar shall be22251
represented by the city director of law, village solicitor, or22252
other chief legal officer of the municipal corporation that22253
operates that mayor's court.22254

       (I)(1)(a) A person is not entitled to request, and a court22255
shall not grant to the person, occupational driving privileges22256
under division (I)(1) of this section if a person's driver's or22257
commercial driver's license or permit or nonresident operating22258
privilege has been suspended pursuant to division (E) of this22259
section, and the person, within the preceding seven years, has22260
refused three previous requests to consent to a chemical test of22261
the person's blood, breath, or urine to determine its alcohol22262
content or has been convicted of or pleaded guilty to three or22263
more violations of one or more of the following:22264

       (i) Division (A) or (B) of section 4511.19 of the Revised22265
Code;22266

       (ii) A municipal ordinance relating to operating a vehicle22267
while under the influence of alcohol, a drug of abuse, or alcohol22268
and a drug of abuse;22269

       (iii) A municipal ordinance relating to operating a vehicle22270
with a prohibited concentration of alcohol in the blood, breath,22271
or urine;22272

       (iv) Section 2903.04 of the Revised Code in a case in which22273
the person was subject to the sanctions described in division (D)22274
of that section;22275

       (v) Division (A)(1) of section 2903.06 or division (A)(1) of22276
section 2903.08 of the Revised Code or a municipal ordinance that22277
is substantially similar to either of those divisions;22278

       (vi) Division (A)(2), (3), or (4) of section 2903.06,22279
division (A)(2) of section 2903.08, or former section 2903.07 of22280
the Revised Code, or a municipal ordinance that is substantially22281
similar to any of those divisions or that former section, in a22282
case in which the jury or judge found that the person was under22283
the influence of alcohol, a drug of abuse, or alcohol and a drug22284
of abuse;22285

       (vii) A statute of the United States or of any other state22286
or a municipal ordinance of a municipal corporation located in any22287
other state that is substantially similar to division (A) or (B)22288
of section 4511.19 of the Revised Code.22289

       (b) Any other person who is not described in division22290
(I)(1)(a) of this section and whose driver's or commercial22291
driver's license or nonresident operating privilege has been22292
suspended pursuant to division (E) of this section may file a22293
petition requesting occupational driving privileges in the common22294
pleas court, municipal court, county court, mayor's court, or, if22295
the person is a minor, juvenile court with jurisdiction over the22296
related criminal or delinquency case. The petition may be filed22297
at any time subsequent to the date on which the notice of22298
suspension is served upon the arrested person. The person shall22299
pay the costs of the proceeding, notify the registrar of the22300
filing of the petition, and send the registrar a copy of the22301
petition.22302

       In the proceedings, the registrar shall be represented by the22303
prosecuting attorney of the county in which the arrest occurred if22304
the petition is filed in the juvenile court, county court, or22305
common pleas court, except that, if the arrest occurred within a22306
city or village within the jurisdiction of the county court in22307
which the petition is filed, the city director of law or village22308
solicitor of that city or village shall represent the registrar.22309
If the petition is filed in the municipal court, the registrar22310
shall be represented as provided in section 1901.34 of the Revised22311
Code. If the petition is filed in a mayor's court, the registrar22312
shall be represented by the city director of law, village22313
solicitor, or other chief legal officer of the municipal22314
corporation that operates the mayor's court.22315

       The court, if it finds reasonable cause to believe that22316
suspension would seriously affect the person's ability to continue22317
in the person's employment, may grant the person occupational22318
driving privileges during the period of suspension imposed22319
pursuant to division (E) of this section, subject to the22320
limitations contained in this division and division (I)(2) of this22321
section. The court may grant the occupational driving privileges,22322
subject to the limitations contained in this division and division22323
(I)(2) of this section, regardless of whether the person appeals22324
the suspension at the person's initial appearance under division22325
(H)(1) of this section or appeals the decision of the court made22326
pursuant to the appeal conducted at the initial appearance, and,22327
if the person has appealed the suspension or decision, regardless22328
of whether the matter at issue has been heard or decided by the22329
court. The court shall not grant occupational driving privileges22330
for employment as a driver of commercial motor vehicles to any22331
person who is disqualified from operating a commercial motor22332
vehicle under section 3123.611 or 4506.16 of the Revised Code or22333
whose commercial driver's license or commercial driver's temporary22334
instruction permit has been suspended under section 3123.58 of the22335
Revised Code.22336

       (2)(a) In granting occupational driving privileges under22337
division (I)(1) of this section, the court may impose any22338
condition it considers reasonable and necessary to limit the use22339
of a vehicle by the person. The court shall deliver to the person22340
a permit card, in a form to be prescribed by the court, setting22341
forth the time, place, and other conditions limiting the22342
defendant's use of a vehicle. The grant of occupational driving22343
privileges shall be conditioned upon the person's having the22344
permit in the person's possession at all times during which the22345
person is operating a vehicle.22346

       A person granted occupational driving privileges who operates22347
a vehicle for other than occupational purposes, in violation of22348
any condition imposed by the court, or without having the permit22349
in the person's possession, is guilty of a violation of section22350
4507.02 of the Revised Code.22351

       (b) The court may not grant a person occupational driving22352
privileges under division (I)(1) of this section when prohibited22353
by a limitation contained in that division or during any of the22354
following periods of time:22355

       (i) The first thirty days of suspension imposed upon a22356
person who, within five years of the date on which the person22357
refused the request to consent to a chemical test of the person's22358
blood, breath, or urine to determine its alcohol content and for22359
which refusal the suspension was imposed, had not refused a22360
previous request to consent to a chemical test of the person's22361
blood, breath, or urine to determine its alcohol content;22362

       (ii) The first ninety days of suspension imposed upon a22363
person who, within five years of the date on which the person22364
refused the request to consent to a chemical test of the person's22365
blood, breath, or urine to determine its alcohol content and for22366
which refusal the suspension was imposed, had refused one previous22367
request to consent to a chemical test of the person's blood,22368
breath, or urine to determine its alcohol content;22369

       (iii) The first year of suspension imposed upon a person22370
who, within five years of the date on which the person refused the22371
request to consent to a chemical test of the person's blood,22372
breath, or urine to determine its alcohol content and for which22373
refusal the suspension was imposed, had refused two previous22374
requests to consent to a chemical test of the person's blood,22375
breath, or urine to determine its alcohol content;22376

       (iv) The first three years of suspension imposed upon a22377
person who, within five years of the date on which the person22378
refused the request to consent to a chemical test of the person's22379
blood, breath, or urine to determine its alcohol content and for22380
which refusal the suspension was imposed, had refused three or22381
more previous requests to consent to a chemical test of the22382
person's blood, breath, or urine to determine its alcohol content.22383

       (3) The court shall give information in writing of any22384
action taken under this section to the registrar.22385

       (4) If a person's driver's or commercial driver's license or22386
permit or nonresident operating privilege has been suspended22387
pursuant to division (F) of this section, and the person, within22388
the preceding seven years, has been convicted of or pleaded guilty22389
to three or more violations of division (A) or (B) of section22390
4511.19 of the Revised Code, a municipal ordinance relating to22391
operating a vehicle while under the influence of alcohol, a drug22392
of abuse, or alcohol and a drug of abuse, a municipal ordinance22393
relating to operating a vehicle with a prohibited concentration of22394
alcohol in the blood, breath, or urine, section 2903.04 of the22395
Revised Code in a case in which the person was subject to the22396
sanctions described in division (D) of that section, or section22397
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal22398
ordinance that is substantially similar to section 2903.07 of the22399
Revised Code in a case in which the jury or judge found that the22400
person was under the influence of alcohol, a drug of abuse, or22401
alcohol and a drug of abuse, or a statute of the United States or22402
of any other state or a municipal ordinance of a municipal22403
corporation located in any other state that is substantially22404
similar to division (A) or (B) of section 4511.19 of the Revised22405
Code, the person is not entitled to request, and the court shall22406
not grant to the person, occupational driving privileges under22407
this division. Any other person whose driver's or commercial22408
driver's license or nonresident operating privilege has been22409
suspended pursuant to division (F) of this section may file in the22410
court specified in division (I)(1)(b) of this section a petition22411
requesting occupational driving privileges in accordance with22412
section 4507.16 of the Revised Code. The petition may be filed at22413
any time subsequent to the date on which the arresting officer22414
serves the notice of suspension upon the arrested person. Upon22415
the making of the request, occupational driving privileges may be22416
granted in accordance with section 4507.16 of the Revised Code. 22417
The court may grant the occupational driving privileges, subject22418
to the limitations contained in section 4507.16 of the Revised22419
Code, regardless of whether the person appeals the suspension at22420
the person's initial appearance under division (H)(1) of this22421
section or appeals the decision of the court made pursuant to the22422
appeal conducted at the initial appearance, and, if the person has22423
appealed the suspension or decision, regardless of whether the22424
matter at issue has been heard or decided by the court.22425

       (J)(E) When it finally has been determined under the22426
procedures of this section and sections 4511.192 through 4511.19722427
of the Revised Code that a nonresident's privilege to operate a22428
vehicle within this state has been suspended, the registrar shall22429
give information in writing of the action taken to the motor22430
vehicle administrator of the state of the person's residence and22431
of any state in which the person has a license.22432

       (K) A suspension of the driver's or commercial driver's22433
license or permit of a resident, a suspension of the operating22434
privilege of a nonresident, or a denial of a driver's or22435
commercial driver's license or permit pursuant to division (E) or22436
(F) of this section shall be terminated by the registrar upon22437
receipt of notice of the person's entering a plea of guilty to, or22438
of the person's conviction of, operating a vehicle while under the22439
influence of alcohol, a drug of abuse, or alcohol and a drug of22440
abuse or with a prohibited concentration of alcohol in the blood,22441
breath, or urine, if the offense for which the plea is entered or22442
that resulted in the conviction arose from the same incident that22443
led to the suspension or denial.22444

       The registrar shall credit against any judicial suspension of22445
a person's driver's or commercial driver's license or permit or22446
nonresident operating privilege imposed pursuant to division (B)22447
or (E) of section 4507.16 of the Revised Code any time during22448
which the person serves a related suspension imposed pursuant to22449
division (E) or (F) of this section.22450

       (L)(F) At the end of a suspension period under this section,22451
under section 4511.194, section 4511.196, or division (B)(G) of22452
section 4507.164511.19 of the Revised Code, or under section22453
4510.07 of the Revised Code for a violation of a municipal OVI22454
ordinance and upon the request of the person whose driver's or22455
commercial driver's license or permit was suspended and who is not22456
otherwise subject to suspension, revocationcancellation, or22457
disqualification, the registrar shall return the driver's or22458
commercial driver's license or permit to the person upon the22459
person's compliance withoccurrence of all of the conditions22460
specified in divisions (L)(F)(1) and (2) of this section:22461

       (1) A showing by the person that the person has proof of22462
financial responsibility, a policy of liability insurance in22463
effect that meets the minimum standards set forth in section22464
4509.51 of the Revised Code, or proof, to the satisfaction of the22465
registrar, that the person is able to respond in damages in an22466
amount at least equal to the minimum amounts specified in section22467
4509.51 of the Revised Code.22468

       (2) Subject to the limitation contained in division22469
(L)(F)(3) of this section, payment by the person to the bureau of22470
motor vehicles of a license reinstatement fee of four hundred22471
twenty-five dollars to the bureau of motor vehicles, which fee22472
shall be deposited in the state treasury and credited as follows:22473

       (a) One hundred twelve dollars and fifty cents shall be22474
credited to the statewide treatment and prevention fund created by22475
section 4301.30 of the Revised Code. The fund shall be used to22476
pay the costs of driver treatment and intervention programs22477
operated pursuant to sections 3793.02 and 3793.10 of the Revised22478
Code. The director of alcohol and drug addiction services shall22479
determine the share of the fund that is to be allocated to alcohol22480
and drug addiction programs authorized by section 3793.02 of the22481
Revised Code, and the share of the fund that is to be allocated to22482
drivers' intervention programs authorized by section 3793.10 of22483
the Revised Code.22484

       (b) Seventy-five dollars shall be credited to the22485
reparations fund created by section 2743.191 of the Revised Code.22486

       (c) Thirty-seven dollars and fifty cents shall be credited22487
to the indigent drivers alcohol treatment fund, which is hereby22488
established. Except as otherwise provided in division22489
(L)(F)(2)(c) of this section, moneys in the fund shall be22490
distributed by the department of alcohol and drug addiction22491
services to the county indigent drivers alcohol treatment funds,22492
the county juvenile indigent drivers alcohol treatment funds, and22493
the municipal indigent drivers alcohol treatment funds that are22494
required to be established by counties and municipal corporations22495
pursuant to division (N) of this section, and shall be used only22496
to pay the cost of an alcohol and drug addiction treatment program22497
attended by an offender or juvenile traffic offender who is22498
ordered to attend an alcohol and drug addiction treatment program22499
by a county, juvenile, or municipal court judge and who is22500
determined by the county, juvenile, or municipal court judge not22501
to have the means to pay for the person's attendance at the22502
program or to pay the costs specified in division (N)(H)(4) of22503
this section in accordance with that division. Moneys in the fund22504
that are not distributed to a county indigent drivers alcohol22505
treatment fund, a county juvenile indigent drivers alcohol22506
treatment fund, or a municipal indigent drivers alcohol treatment22507
fund under division (N)(H) of this section because the director of22508
alcohol and drug addiction services does not have the information22509
necessary to identify the county or municipal corporation where22510
the offender or juvenile offender was arrested may be transferred22511
by the director of budget and management to the statewide22512
treatment and prevention fund created by section 4301.30 of the22513
Revised Code, upon certification of the amount by the director of22514
alcohol and drug addiction services.22515

       (d) Seventy-five dollars shall be credited to the Ohio22516
rehabilitation services commission established by section 3304.1222517
of the Revised Code, to the services for rehabilitation fund,22518
which is hereby established. The fund shall be used to match22519
available federal matching funds where appropriate, and for any22520
other purpose or program of the commission to rehabilitate people22521
with disabilities to help them become employed and independent.22522

       (e) Seventy-five dollars shall be deposited into the state22523
treasury and credited to the drug abuse resistance education22524
programs fund, which is hereby established, to be used by the22525
attorney general for the purposes specified in division (L)(4) of22526
this section.22527

       (f) Thirty dollars shall be credited to the state bureau of22528
motor vehicles fund created by section 4501.25 of the Revised22529
Code.22530

       (g) Twenty dollars shall be credited to the trauma and22531
emergency medical services grants fund created by section 4513.26322532
of the Revised Code.22533

       (3) If a person's driver's or commercial driver's license or22534
permit is suspended under division (E) or (F) of this section,22535
under section 4511.196, or division (B)(G) of section 4507.1622536
4511.19 of the Revised Code, under section 4510.07 of the Revised22537
Code for a violation of a municipal OVI ordinance or under any22538
combination of the suspensions described in division (L)(F)(3) of22539
this section, and if the suspensions arise from a single incident22540
or a single set of facts and circumstances, the person is liable22541
for payment of, and shall be required to pay to the bureau, only22542
one reinstatement fee of four hundred fivetwenty-five dollars.22543
The reinstatement fee shall be distributed by the bureau in22544
accordance with division (L)(F)(2) of this section.22545

       (4) The attorney general shall use amounts in the drug abuse22546
resistance education programs fund to award grants to law22547
enforcement agencies to establish and implement drug abuse22548
resistance education programs in public schools. Grants awarded22549
to a law enforcement agency under division (L)(2)(e) of this22550
section shall be used by the agency to pay for not more than fifty22551
per cent of the amount of the salaries of law enforcement officers22552
who conduct drug abuse resistance education programs in public22553
schools. The attorney general shall not use more than six per22554
cent of the amounts the attorney general's office receives under22555
division (L)(F)(2)(e) of this section to pay the costs it incurs22556
in administering the grant program established by division22557
(L)(F)(2)(e) of this section and in providing training and22558
materials relating to drug abuse resistance education programs.22559

       The attorney general shall report to the governor and the22560
general assembly each fiscal year on the progress made in22561
establishing and implementing drug abuse resistance education22562
programs. These reports shall include an evaluation of the22563
effectiveness of these programs.22564

       (M)(G) Suspension of a commercial driver's license under22565
division (E)(B) or (F)(C) of this section shall be concurrent with22566
any period of disqualification under section 3123.611 or 4506.1622567
of the Revised Code or any period of suspension under section22568
3123.58 of the Revised Code. No person who is disqualified for22569
life from holding a commercial driver's license under section22570
4506.16 of the Revised Code shall be issued a driver's license22571
under Chapter 4507. of the Revised Code during the period for22572
which the commercial driver's license was suspended under division22573
(E)(B) or (F)(C) of this section, and no. No person whose22574
commercial driver's license is suspended under division (E)(B) or22575
(F)(C) of this section shall be issued a driver's license under22576
that chapterChapter 4507. of the Revised Code during the period22577
of the suspension.22578

       (N)(H)(1) Each county shall establish an indigent drivers22579
alcohol treatment fund, each county shall establish a juvenile22580
indigent drivers alcohol treatment fund, and each municipal22581
corporation in which there is a municipal court shall establish an22582
indigent drivers alcohol treatment fund. All revenue that the22583
general assembly appropriates to the indigent drivers alcohol22584
treatment fund for transfer to a county indigent drivers alcohol22585
treatment fund, a county juvenile indigent drivers alcohol22586
treatment fund, or a municipal indigent drivers alcohol treatment22587
fund, all portions of fees that are paid under division (L) of22588
this section and that are credited under that division to the22589
indigent drivers alcohol treatment fund in the state treasury for22590
a county indigent drivers alcohol treatment fund, a county22591
juvenile indigent drivers alcohol treatment fund, or a municipal22592
indigent drivers alcohol treatment fund, and all portions of fines22593
that are specified for deposit into a county or municipal indigent22594
drivers alcohol treatment fund by section 4511.193 of the Revised22595
Code shall be deposited into that county indigent drivers alcohol22596
treatment fund, county juvenile indigent drivers alcohol treatment22597
fund, or municipal indigent drivers alcohol treatment fund in22598
accordance with division (N)(H)(2) of this section. Additionally,22599
all portions of fines that are paid for a violation of section22600
4511.19 of the Revised Code or division (B)(2) of section 4507.0222601
of any prohibition contained in Chapter 4510. of the Revised Code,22602
and that are required under division (A)(1), (2), (5), or (6) of22603
section 4511.994511.19 or division (B)(5) of section 4507.99any22604
provision of Chapter 4510. of the Revised Code to be deposited22605
into a county indigent drivers alcohol treatment fund or municipal22606
indigent drivers alcohol treatment fund shall be deposited into22607
the appropriate fund in accordance with the applicable division.22608

       (2) That portion of the license reinstatement fee that is22609
paid under division (L)(F) of this section and that is credited22610
under that division to the indigent drivers alcohol treatment fund22611
shall be deposited into a county indigent drivers alcohol22612
treatment fund, a county juvenile indigent drivers alcohol22613
treatment fund, or a municipal indigent drivers alcohol treatment22614
fund as follows:22615

       (a) If the suspension in question was imposed under this22616
section, that portion of the fee shall be deposited as follows:22617

       (i) If the fee is paid by a person who was charged in a22618
county court with the violation that resulted in the suspension,22619
the portion shall be deposited into the county indigent drivers22620
alcohol treatment fund under the control of that court;22621

       (ii) If the fee is paid by a person who was charged in a22622
juvenile court with the violation that resulted in the suspension,22623
the portion shall be deposited into the county juvenile indigent22624
drivers alcohol treatment fund established in the county served by22625
the court;22626

       (iii) If the fee is paid by a person who was charged in a22627
municipal court with the violation that resulted in the22628
suspension, the portion shall be deposited into the municipal22629
indigent drivers alcohol treatment fund under the control of that22630
court.22631

       (b) If the suspension in question was imposed under division22632
(B) of section 4507.164511.19 of the Revised Code or under22633
section 4510.07 of the Revised Code for a violation of a municipal22634
OVI ordinance, that portion of the fee shall be deposited as22635
follows:22636

       (i) If the fee is paid by a person whose license or permit22637
was suspended by a county court, the portion shall be deposited22638
into the county indigent drivers alcohol treatment fund under the22639
control of that court;22640

       (ii) If the fee is paid by a person whose license or permit22641
was suspended by a municipal court, the portion shall be deposited22642
into the municipal indigent drivers alcohol treatment fund under22643
the control of that court.22644

       (3) Expenditures from a county indigent drivers alcohol22645
treatment fund, a county juvenile indigent drivers alcohol22646
treatment fund, or a municipal indigent drivers alcohol treatment22647
fund shall be made only upon the order of a county, juvenile, or22648
municipal court judge and only for payment of the cost of the22649
attendance at an alcohol and drug addiction treatment program of a22650
person who is convicted of, or found to be a juvenile traffic22651
offender by reason of, a violation of division (A) of section22652
4511.19 of the Revised Code or a substantially similar municipal22653
ordinance, who is ordered by the court to attend the alcohol and22654
drug addiction treatment program, and who is determined by the22655
court to be unable to pay the cost of attendance at the treatment22656
program or for payment of the costs specified in division22657
(N)(H)(4) of this section in accordance with that division. The22658
alcohol and drug addiction services board or the board of alcohol,22659
drug addiction, and mental health services established pursuant to22660
section 340.02 or 340.021 of the Revised Code and serving the22661
alcohol, drug addiction, and mental health service district in22662
which the court is located shall administer the indigent drivers22663
alcohol treatment program of the court. When a court orders an22664
offender or juvenile traffic offender to attend an alcohol and22665
drug addiction treatment program, the board shall determine which22666
program is suitable to meet the needs of the offender or juvenile22667
traffic offender, and when a suitable program is located and space22668
is available at the program, the offender or juvenile traffic22669
offender shall attend the program designated by the board. A22670
reasonable amount not to exceed five per cent of the amounts22671
credited to and deposited into the county indigent drivers alcohol22672
treatment fund, the county juvenile indigent drivers alcohol22673
treatment fund, or the municipal indigent drivers alcohol22674
treatment fund serving every court whose program is administered22675
by that board shall be paid to the board to cover the costs it22676
incurs in administering those indigent drivers alcohol treatment22677
programs.22678

       (4) If a county, juvenile, or municipal court determines, in22679
consultation with the alcohol and drug addiction services board or22680
the board of alcohol, drug addiction, and mental health services22681
established pursuant to section 340.02 or 340.021 of the Revised22682
Code and serving the alcohol, drug addiction, and mental health22683
district in which the court is located, that the funds in the22684
county indigent drivers alcohol treatment fund, the county22685
juvenile indigent drivers alcohol treatment fund, or the municipal22686
indigent drivers alcohol treatment fund under the control of the22687
court are more than sufficient to satisfy the purpose for which22688
the fund was established, as specified in divisions (N)(H)(1) to22689
(3) of this section, the court may declare a surplus in the fund.22690
If the court declares a surplus in the fund, the court may expend22691
the amount of the surplus in the fund for alcohol and drug abuse22692
assessment and treatment of persons who are charged in the court22693
with committing a criminal offense or with being a delinquent22694
child or juvenile traffic offender and in relation to whom both of22695
the following apply:22696

       (a) The court determines that substance abuse was a22697
contributing factor leading to the criminal or delinquent activity22698
or the juvenile traffic offense with which the person is charged.22699

       (b) The court determines that the person is unable to pay22700
the cost of the alcohol and drug abuse assessment and treatment22701
for which the surplus money will be used.22702

       Sec. 4511.192.  (A) No person whose driver's or commercial22703
driver's license or permit or nonresident operating privilege has22704
been suspended under section 4511.191 or 4511.196 of the Revised22705
Code shall operate a vehicle upon the highways or streets within22706
this state.22707

       (B) It is an affirmative defense to any prosecution brought22708
pursuant to this section that the alleged offender drove under22709
suspension because of a substantial emergency, provided that no22710
other person was reasonably available to drive in response to the22711
emergency.The arresting law enforcement officer shall give advice22712
in accordance with this section to any person under arrest for a22713
violation of division (A) or (B) of section 4511.19 of the Revised22714
Code, section 4511.194 of the Revised Code, or a municipal OVI22715
ordinance. The officer shall give that advice in a written form22716
that contains the information described in division (B) of this22717
section and shall read the advice to the person. The form shall22718
contain a statement that the form was shown to the person under22719
arrest and read to the person by the arresting officer. One or22720
more persons shall witness the arresting officer's reading of the22721
form, and the witnesses shall certify to this fact by signing the22722
form.22723

       (B) If a person is under arrest as described in division (A)22724
of this section, before the person may be requested to submit to a22725
chemical test or tests to determine the alcohol, drug, or alcohol22726
and drug content of the person's whole blood, blood serum or22727
plasma, breath, or urine, the arresting officer shall read the22728
following form to the person:22729

       "You now are under arrest for (state with specificity the22730
offense for which the person was arrested – operating a vehicle22731
under the influence of alcohol, a drug of abuse, or a combination22732
of them in violation of state law; operating a vehicle after22733
underage alcohol consumption in violation of state law; having22734
physical control of a vehicle while under the influence in22735
violation of state law; or a violation of a municipal OVI22736
ordinance).22737

       If you refuse to take any chemical test or tests required22738
under section 4511.191 of the Revised Code, you will be subject to22739
at least the immediate suspension of your privilege to operate a22740
vehicle in Ohio and the payment of a reinstatement fee.22741

       Unless you are under arrest for having physical control of a22742
vehicle while under the influence, if you take any chemical test22743
or tests required under section 4511.191 of the Revised Code and22744
are found to be at or over the prohibited amount of alcohol in22745
your whole blood, blood serum or plasma, breath, or urine as set22746
by state law for the offense of OVI, you will be subject to at22747
least the immediate suspension of your privilege to operate a22748
vehicle in Ohio and the payment of a reinstatement fee. These22749
suspension and reinstatement fee sanctions do not apply if you are22750
under arrest for having physical control of a vehicle and you take22751
a chemical test or tests, regardless of the outcome of the test or22752
tests.22753

       In any case, if you take a chemical test or tests, you may22754
have an independent chemical test taken at your own expense."22755

       (C) If the arresting law enforcement officer does not ask a22756
person under arrest as described in division (A) of this section22757
to submit to a chemical test or tests under section 4511.191 of22758
the Revised Code, the arresting officer shall seize the Ohio or22759
out-of-state driver's or commercial driver's license or permit of22760
the person and immediately forward it to the court in which the22761
arrested person is to appear on the charge. If the arrested22762
person is not in possession of the person's license or permit or22763
it is not in the person's vehicle, the officer shall order the22764
person to surrender it to the law enforcement agency that employs22765
the officer within twenty-four hours after the arrest, and, upon22766
the surrender, the agency immediately shall forward the license or22767
permit to the court in which the person is to appear on the22768
charge. Upon receipt of the license or permit, the court shall22769
retain it pending the arrested person's initial appearance and any22770
action taken under section 4511.196 of the Revised Code.22771

       (D)(1) If a law enforcement officer asks a person under22772
arrest as described in division (A) of this section to submit to a22773
chemical test or tests under section 4511.191 of the Revised Code,22774
if the officer advises the person in accordance with this section22775
of the consequences of the person's refusal or submission, and if22776
either the person refuses to submit to the test or tests or,22777
unless the arrest was for a violation of section 4511.194 of the22778
Revised Code, the person submits to the test or tests and the test22779
results indicate a prohibited concentration of alcohol in the22780
person's whole blood, blood serum or plasma, breath, or urine at22781
the time of the alleged offense, the arresting officer shall do22782
all of the following:22783

       (a) On behalf of the registrar of motor vehicles, notify the22784
person that, independent of any penalties or sanctions imposed22785
upon the person, the person's Ohio driver's or commercial driver's22786
license or permit or nonresident operating privilege is suspended22787
immediately, that the suspension will last at least until the22788
person's initial appearance on the charge, which will be held22789
within five days after the date of the person's arrest or the22790
issuance of a citation to the person, and that the person may22791
appeal the suspension at the initial appearance or during the22792
period of time ending thirty days after that initial appearance;22793

       (b) Seize the driver's or commercial driver's license or22794
permit of the person and immediately forward it to the registrar.22795
If the arrested person is not in possession of the person's22796
license or permit or it is not in the person's vehicle, the22797
officer shall order the person to surrender it to the law22798
enforcement agency that employs the officer within twenty-four22799
hours after the person is given notice of the suspension, and,22800
upon the surrender, the officer's employing agency immediately22801
shall forward the license or permit to the registrar.22802

       (c) Verify the person's current residence and, if it differs22803
from that on the person's driver's or commercial driver's license22804
or permit, notify the registrar of the change;22805

       (d) Send to the registrar, within forty-eight hours after22806
the arrest of the person, a sworn report that includes all of the22807
following statements:22808

       (i) That the officer had reasonable grounds to believe that,22809
at the time of the arrest, the arrested person was operating a22810
vehicle, streetcar, or trackless trolley in violation of division22811
(A) or (B) of section 4511.19 of the Revised Code or a municipal22812
OVI ordinance or for being in physical control of a stationary22813
vehicle, streetcar, or trackless trolley in violation of section22814
4511.194 of the Revised Code;22815

       (ii) That the person was arrested and charged with a22816
violation of division (A) or (B) of section 4511.19 of the Revised22817
Code, section 4511.194 of the Revised Code, or a municipal OVI22818
ordinance;22819

       (iii) That the officer asked the person to take the22820
designated chemical test or tests, advised the person in22821
accordance with this section of the consequences of submitting to,22822
or refusing to take, the test or tests, and gave the person the22823
form described in division (B) of this section;22824

       (iv) That either the person refused to submit to the22825
chemical test or tests or, unless the arrest was for a violation22826
of section 4511.194 of the Revised Code, the person submitted to22827
the chemical test or tests and the test results indicate a22828
prohibited concentration of alcohol in the person's whole blood,22829
blood serum or plasma, breath, or urine at the time of the alleged22830
offense.22831

       (2) Division (D)(1) of this section does not apply to a22832
person who is arrested for a violation of section 4511.194 of the22833
Revised Code, who is asked by a law enforcement officer to submit22834
to a chemical test or tests under section 4511.191 of the Revised22835
Code, and who submits to the test or tests, regardless of the22836
amount of alcohol that the test results indicate is present in the22837
person's whole blood, blood serum or plasma, breath, or urine.22838

       (E) The arresting officer shall give the officer's sworn22839
report that is completed under this section to the arrested person22840
at the time of the arrest, or the registrar of motor vehicles22841
shall send the report to the person by regular first class mail as22842
soon as possible after receipt of the report, but not later than22843
fourteen days after receipt of it. An arresting officer may give22844
an unsworn report to the arrested person at the time of the arrest22845
provided the report is complete when given to the arrested person22846
and subsequently is sworn to by the arresting officer. As soon as22847
possible, but not later than forty-eight hours after the arrest of22848
the person, the arresting officer shall send a copy of the sworn22849
report to the court in which the arrested person is to appear on22850
the charge for which the person was arrested.22851

       (F) The sworn report of an arresting officer completed under22852
this section is prima-facie proof of the information and22853
statements that it contains. It shall be admitted and considered22854
as prima-facie proof of the information and statements that it22855
contains in any appeal under section 4511.197 of the Revised Code22856
relative to any suspension of a person's driver's or commercial22857
driver's license or permit or nonresident operating privilege that22858
results from the arrest covered by the report.22859

       Sec. 4511.193.  (A) Twenty-five dollars of any fine imposed22860
for a violation of a municipal OVI ordinance relating to operating22861
a vehicle while under the influence of alcohol, a drug of abuse,22862
or alcohol and a drug of abuse or relating to operating a vehicle22863
with a prohibited concentration of alcohol in the blood, breath,22864
or urine shall be deposited into the municipal or county indigent22865
drivers alcohol treatment fund created pursuant to division (N)(H)22866
of section 4511.191 of the Revised Code in accordance with this22867
section and section 733.40, divisions (A) and (B) of section22868
1901.024, division (F) of section 1901.31, or division (C) of22869
section 1907.20 of the Revised Code. Regardless of whether the22870
fine is imposed by a municipal court, a mayor's court, or a22871
juvenile court, if the fine was imposed for a violation of an22872
ordinance of a municipal corporation that is within the22873
jurisdiction of a municipal court, the twenty-five dollars that is22874
subject to this section shall be deposited into the indigent22875
drivers alcohol treatment fund of the municipal corporation in22876
which is located the municipal court that has jurisdiction over22877
that municipal corporation. Regardless of whether the fine is22878
imposed by a county court, a mayor's court, or a juvenile court,22879
if the fine was imposed for a violation of an ordinance of a22880
municipal corporation that is within the jurisdiction of a county22881
court, the twenty-five dollars that is subject to this section22882
shall be deposited into the indigent drivers alcohol treatment22883
fund of the county in which is located the county court that has22884
jurisdiction over that municipal corporation. The deposit shall22885
be made in accordance with section 733.40, divisions (A) and (B)22886
of section 1901.024, division (F) of section 1901.31, or division22887
(C) of section 1907.20 of the Revised Code.22888

       (B)(1) The requirements and sanctions imposed by divisions22889
(B)(1) and (2) of this section are an adjunct to and derive from22890
the state's exclusive authority over the registration and titling22891
of motor vehicles and do not comprise a part of the criminal22892
sentence to be imposed upon a person who violates a municipal OVI22893
ordinance relating to operating a vehicle while under the22894
influence of alcohol, a drug of abuse, or alcohol and a drug of22895
abuse or relating to operating a vehicle with a prohibited22896
concentration of alcohol in the blood, breath, or urine.22897

       (2)(a) The court shall follow division (B)(2)(b) of this22898
section ifIf a person is convicted of or pleads guilty to a22899
violation of a municipal OVI ordinance relating to operating a22900
vehicle while under the influence of alcohol, a drug of abuse, or22901
alcohol and a drug of abuse or relating to operating a vehicle22902
with a prohibited concentration of alcohol in the blood, breath,22903
or urine and if the circumstances described in division22904
(B)(2)(b)(iii) of this section apply or if, within the period of22905
time specified in division (B)(2) or (b)(i), (ii) (iii) of this22906
section, if the vehicle the offender was operating at the time of22907
the offense is registered in the offender's name, and if, within22908
six years of the current offense, the offender has been convicted22909
of or pleaded guilty to any violation of the following:22910

       (i) Sectionone or more violations of division (A) or (B) of22911
section 4511.19 of the Revised Code;22912

       (ii) A municipal ordinance relating to operating a vehicle22913
while under the influence of alcohol, a drug of abuse, or alcohol22914
and a drug of abuse;22915

       (iii) A municipal ordinance relating to operating a vehicle22916
with a prohibited concentration of alcohol in the blood, breath,22917
or urine;22918

       (iv) Section 2903.04 of the Revised Code in a case in which22919
the offender was subject to the sanctions described in division22920
(D) of that section;22921

       (v) Division (A)(1) of section 2903.06 or division (A)(1) of22922
section 2903.08 of the Revised Code or a municipal ordinance that22923
is substantially similar to either of those divisions;22924

       (vi) Division (A)(2), (3), or (4) of section 2903.06,22925
division (A)(2) of section 2903.08, or former section 2903.07 of22926
the Revised Code, or a municipal ordinance that is substantially22927
similar to any of those divisions or that former section, in a22928
case in which the jury or judge found that the offender was under22929
the influence of alcohol, a drug of abuse, or alcohol and a drug22930
of abuse;22931

       (vii) A statute of the United States or of any other state22932
or a municipal ordinance of a municipal corporation located in any22933
other state that is substantially similar to division (A) or (B)22934
of section 4511.19 of the Revised Code.22935

       (b) If the circumstances described in division (B)(2)(a)(b)22936
of this section applyor one or more other equivalent offenses,22937
the court, in addition to and independent of any sentence that it22938
imposes upon the offender for the offense, regardless of whether22939
the vehicle the offender was operating at the time of the offense22940
is registered in the offender's name or in the name of another22941
person, and subject to section 4503.235 of the Revised Code, shall22942
do whichever of the following is applicable:22943

       (i)(a) Except as otherwise provided in division22944
(B)(2)(b)(iii) of this section, if, within six years of the22945
current offense, the offender has been convicted of or pleaded22946
guilty to one violation described in division (B)(2)(a) of this22947
section, the court shall order the immobilization for ninety days22948
of thethat vehicle the offender was operating at the time of the22949
offense and the impoundment for ninety days of the license plates22950
of that vehicle. The order for the immobilization and impoundment22951
shall be issued and enforced in accordance with section 4503.23322952
of the Revised Code.22953

       (ii)(b)(iii)(a)22954

       (iii)(b) If, within six years of the current offense, the22955
offender has been convicted of or pleaded guilty to two or more22956
violations described in division (B)(2)(a) of this section, or if22957
the offender previously has been convicted of or pleaded guilty to22958
a violation of division (A) of section 4511.19 of the Revised Code22959
under circumstances in which the violation was a felony and22960
regardless of when the violation and the conviction or guilty plea22961
occurred, the court shall order the criminal forfeiture to the22962
state of thethat vehicle the offender was operating at the time22963
of the offense The order of criminal forfeiture shall be issued22964
and enforced in accordance with section 4503.234 of the Revised22965
Code.22966

       Sec. 4511.194.  (A) As used in this section, "physical22967
control" means being in the driver's position of the front seat of22968
a vehicle or in the driver's position of a streetcar or trackless22969
trolley and having possession of the vehicle's, streetcar's, or22970
trackless trolley's ignition key or other ignition device.22971

       (B) No person shall be in physical control of a vehicle,22972
streetcar, or trackless trolley while under the influence of22973
alcohol, a drug of abuse, or a combination of them or while the22974
person's whole blood, blood serum or plasma, breath, or urine22975
contains at least the concentration of alcohol specified in22976
division (A)(2), (3), (4), or (5) of section 4511.19 of the22977
Revised Code.22978

       (C) Whoever violates this section is guilty of having22979
physical control of a vehicle while under the influence, a22980
misdemeanor of the first degree. In addition to other sanctions22981
imposed, the court may impose on the offender a class seven22982
suspension of the offender's driver's license, commercial driver's22983
license, temporary instruction permit, probationary license, or22984
nonresident operating privilege from the range specified in22985
division (A)(7) of section 4510.02 of the Revised Code.22986

       Sec. 4511.195.  (A) As used in this section:22987

       (1) "Vehicle operator" means a person who is operating a22988
vehicle at the time it is seizedArrested person" means a person22989
who is arrested for a violation of division (A) of section 4511.1922990
of the Revised Code or a municipal OVI ordinance and whose arrest22991
results in a vehicle being seized under division (B) of this22992
section.22993

       (2) "Vehicle owner" means either of the following:22994

       (a) The person in whose name is registered, at the time of22995
the seizure, a vehicle that is seized under division (B) of this22996
section;22997

       (b) A person to whom the certificate of title to a vehicle22998
that is seized under division (B) of this section has been22999
assigned and who has not obtained a certificate of title to the23000
vehicle in that person's name, but who is deemed by the court as23001
being the owner of the vehicle at the time the vehicle was seized23002
under division (B) of this section.23003

       (3) "Municipal OMVI ordinance" means any municipal ordinance23004
prohibiting the operation of a vehicle while under the influence23005
of alcohol, a drug of abuse, or alcohol and a drug of abuse or23006
prohibiting the operation of a vehicle with a prohibited23007
concentration of alcohol in the blood, breath, or urine.23008

       (4) "Interested party" includes the owner of a vehicle23009
seized under this section, all lienholders, the defendantarrested23010
person, the owner of the place of storage at which a vehicle23011
seized under this section is stored, and the person or entity that23012
caused the vehicle to be removed.23013

       (B)(1) The arresting officer or another officer of the law23014
enforcement agency that employs the arresting officer, in addition23015
to any action that the arresting officer is required or authorized23016
to take by section 4511.19or 4511.191 of the Revised Code or by23017
any other provision of law, shall seize the vehicle that a person23018
was operating at the time of the alleged offense and its license23019
plates if the vehicle is registered in the arrested person's name23020
and if either of the following applyapplies:23021

       (a) The person is arrested for a violation of division (A)23022
of section 4511.19 of the Revised Code or of a municipal OMVIOVI23023
ordinance and, within six years of the alleged violation, the23024
person previously has been convicted of or pleaded guilty to one23025
or more violations of the following:23026

       (i) Divisiondivision (A) or (B) of section 4511.19 of the23027
Revised Code;23028

       (ii) A municipal OMVI ordinance;23029

       (iii) Section 2903.04 of the Revised Code in a case in which23030
the offender was subject to the sanctions described in division23031
(D) of that section;23032

       (iv) Division (A)(1) of section 2903.06 or division (A)(1)23033
of section 2903.08 of the Revised Code or a municipal ordinance23034
that is substantially similar to either of those divisions;23035

       (v) Division (A)(2), (3), or (4) of section 2903.06,23036
division (A)(2) of section 2903.08, or former section 2903.07 of23037
the Revised Code, or a municipal ordinance that is substantially23038
similar to any of those divisions or that former section, in a23039
case in which the jury or judge found that the offender was under23040
the influence of alcohol, a drug of abuse, or alcohol and a drug23041
of abuse;23042

       (vi) A statute of the United States or of any other state or23043
a municipal ordinance of a municipal corporation located in any23044
other state that is substantially similar to division (A) or (B)23045
of section 4511.19 of the Revised Codeor one or more other23046
equivalent offenses.23047

       (b) The person is arrested for a violation of division (A)23048
of section 4511.19 of the Revised Code or of a municipal OMVIOVI23049
ordinance and the person previously has been convicted of or23050
pleaded guilty to a violation of division (A) of section 4511.1923051
of the Revised Code under circumstances in which the violation was23052
a felony, regardless of when the prior felony violation of23053
division (A) of section 4511.19 of the Revised Code and the23054
conviction or guilty plea occurred.23055

       (2) Except as otherwise provided in division (B) of this23056
section, the officer making an arrest of the type described in23057
division (B)(1) of this section shall seize the vehicle and its23058
license plates regardless of whether the vehicle is registered in23059
the name of the person who was operating it or in the name of23060
another person or entity. This section does not apply to or23061
affect any rented or leased vehicle that is being rented or leased23062
for a period of thirty days or less, except that aA law23063
enforcement agency that employs a law enforcement officer who23064
makes an arrest of a type that is described in division (B)(1) of23065
this section and that involves a rented or leased vehicle of this23066
typethat is being rented or leased for a period of thirty days or23067
less shall notify, within twenty-four hours after the officer23068
makes the arrest, the lessor or owner of the vehicle regarding the23069
circumstances of the arrest and the location at which the vehicle23070
may be picked up. At the time of the seizure of the vehicle, the23071
law enforcement officer who made the arrest shall give the vehicle23072
operatorarrested person written notice that the vehicle and its23073
license plates have been seized; that the vehicle either will be23074
kept by the officer's law enforcement agency or will be23075
immobilized at least until the operator's initial appearance on23076
the charge of the offense for which the arrest was made; that, at23077
the initial appearance, the court in certain circumstances may23078
order that the vehicle and license plates be released to the23079
vehicle ownerarrested person until the disposition of that23080
charge; and that, if the vehicle operatorarrested person is23081
convicted of that charge, the court generally must order the23082
immobilization of the vehicle and the impoundment of its license23083
plates, or the forfeiture of the vehicle; and that, if the23084
operator is not the vehicle owner, the operator immediately should23085
inform the vehicle owner that the vehicle and its license plates23086
have been seized and that the vehicle owner may be able to obtain23087
their return or release at the initial appearance or thereafter.23088

       (3) The arresting officer or a law enforcement officer of23089
the agency that employs the arresting officer shall give written23090
notice of the seizure to the court that will conduct the initial23091
appearance of the vehicle operator. The notice shall be given23092
when the charges are filed against the vehicle operatorarrested23093
person on the charges arising out of the arrest. Upon receipt of23094
the notice, the court promptly shall determine whether the vehicle23095
operatorarrested person is the vehicle owner and whether there23096
are any liens recorded on the certificate of title to the vehicle.23097
If the court determines that the vehicle operatorarrested person23098
is not the vehicle owner, it promptly shall send by regular mail23099
written notice of the seizure of the motor vehicle to the vehicle23100
vehicle's registered owner and to all lienholders recorded on the23101
certificate of title. The written notice to the vehicle owner and23102
lienholders shall contain all of the information required by23103
division (B)(2) of this section to be in a notice to be given to23104
the vehicle operatorarrested person and also shall specify the23105
date, time, and place of the vehicle operator'sarrested person's23106
initial appearance. The notice also shall inform the vehicle23107
owner that if title to a motor vehicle that is subject to an order23108
for criminal forfeiture under this section is assigned or23109
transferred and division (C)(B)(2) or (3) of section 4503.234 of23110
the Revised Code applies, the court may fine the vehicle operator23111
arrested person the value of the vehicle. The notice to the23112
vehicle owner also shall state that if the vehicle is immobilized23113
under division (A) of section 4503.233 of the Revised Code, seven23114
days after the end of the period of immobilization a law23115
enforcement agency will send the vehicle owner a notice, informing23116
the vehicle owner that if the release of the vehicle is not23117
obtained in accordance with division (D)(3) of section 4503.233 of23118
the Revised Code, the vehicle shall be forfeited. The notice also23119
shall inform the vehicle owner that the vehicle owner may be23120
charged expenses or charges incurred under this section and23121
section 4503.233 of the Revised Code for the removal and storage23122
of the vehicle.23123

       The written notice that is given to the vehicle operator or23124
is sent or delivered to the vehicle owner if the vehicle owner is23125
not the vehicle operatorarrested person also shall state that if23126
the vehicle operator pleads guilty to orperson is convicted of or23127
pleads guilty to the offense for which the vehicle operator was23128
arrested and the court issues an immobilization and impoundment23129
order relative to that vehicle, division (D)(4) of section23130
4503.233 of the Revised Code prohibits the vehicle from being sold23131
during the period of immobilization without the prior approval of23132
the court.23133

       (4) At or before the initial appearance, the vehicle owner23134
may file a motion requesting the court to order that the vehicle23135
and its license plates be released to the vehicle owner. Except23136
as provided in this division and subject to the payment of23137
expenses or charges incurred in the removal and storage of the23138
vehicle, the court, in its discretion, then may issue an order23139
releasing the vehicle and its license plates to the vehicle owner.23140
Such an order may be conditioned upon such terms as the court23141
determines appropriate, including the posting of a bond in an23142
amount determined by the court. If the vehicle operatorarrested23143
person is not the vehicle owner and if the vehicle owner is not23144
present at the vehicle operator'sarrested person's initial23145
appearance, and if the court believes that the vehicle owner was23146
not provided with adequate notice of the initial appearance, the23147
court, in its discretion, may allow the vehicle owner to file a23148
motion within seven days of the initial appearance. If the court23149
allows the vehicle owner to file such a motion after the initial23150
appearance, the extension of time granted by the court does not23151
extend the time within which the initial appearance is to be23152
conducted. If the court issues an order for the release of the23153
vehicle and its license plates, a copy of the order shall be made23154
available to the vehicle owner. If the vehicle owner presents a23155
copy of the order to the law enforcement agency that employs the23156
law enforcement officer who arrested the arrested person who was23157
operating the vehicle, the law enforcement agency promptly shall23158
release the vehicle and its license plates to the vehicle owner23159
upon payment by the vehicle owner of any expenses or charges23160
incurred in the removal and storage of the vehicle.23161

       (5) A vehicle seized under division (B)(1) of this section23162
either shall be towed to a place specified by the law enforcement23163
agency that employs the arresting officer to be safely kept by the23164
agency at that place for the time and in the manner specified in23165
this section or shall be otherwise immobilized for the time and in23166
the manner specified in this section. A law enforcement officer23167
of that agency shall remove the identification license plates of23168
the vehicle, and they shall be safely kept by the agency for the23169
time and in the manner specified in this section. No vehicle that23170
is seized and either towed or immobilized pursuant to this23171
division shall be considered contraband for purposes of section23172
2933.41, 2933.42, or 2933.43 of the Revised Code. The vehicle23173
shall not be immobilized at any place other than a commercially23174
operated private storage lot, a place owned by a law enforcement23175
agency or other government agency, or a place to which one of the23176
following applies:23177

       (a) The place is leased by or otherwise under the control of23178
a law enforcement agency or other government agency.23179

       (b) The place is owned by the vehicle operator, the vehicle23180
operator's spouse, or a parent or child of the vehicle operator.23181

       (c) The place is owned by a private person or entity, and,23182
prior to the immobilization, the private entity or person that23183
owns the place, or the authorized agent of that private entity or23184
person, has given express written consent for the immobilization23185
to be carried out at that place.23186

       (d) The place is a street or highway on which the vehicle is23187
parked in accordance with the law.23188

       (C)(1) A vehicle that is seized under division (B) of this23189
section shall be safely kept at the place to which it is towed or23190
otherwise moved by the law enforcement agency that employs the23191
arresting officer until the initial appearance of the vehicle23192
operatorarrested person relative to the charge in question. The23193
license plates of the vehicle that are removed pursuant to23194
division (B) of this section shall be safely kept by the law23195
enforcement agency that employs the arresting officer until the23196
initial appearance of the vehicle operatorarrested person23197
relative to the charge in question.23198

       (2)(a) At the initial appearance or not less than seven days23199
prior to the date of final disposition, the court shall notify the23200
vehicle operator, if the vehicle operator is the vehicle owner,23201
arrested person that, if title to a motor vehicle that is subject23202
to an order for criminal forfeiture under this section is assigned23203
or transferred and division (C)(B)(2) or (3) of section 4503.23423204
of the Revised Code applies, the court may fine the vehicle23205
operatorarrested person the value of the vehicle. If, at the23206
initial appearance, the vehicle operatorarrested person pleads23207
guilty to the violation of division (A) of section 4511.19 of the23208
Revised Code or of the municipal OMVIOVI ordinance or pleads no23209
contest to and is convicted of the violation, the court shall23210
impose sentence upon the vehicle operatorperson as provided by23211
law or ordinance; the court, except as provided in this division23212
and subject to section 4503.235 of the Revised Code, shall order23213
the immobilization of the vehicle the arrested person was23214
operating at the time of the offense if registered in the arrested23215
person's name and the impoundment of its license plates under23216
section 4503.233 and section 4511.19or 4511.193 or 4511.99 of the23217
Revised Code, or the criminal forfeiture to the state of the23218
vehicle if registered in the arrested person's name under section23219
4503.234 and section 4511.19or 4511.193 or 4511.99 of the Revised23220
Code, whichever is applicable; and the vehicle and its license23221
plates shall not be returned or released to the vehicle owner. If23222
the vehicle operator is not the vehicle owner and the vehicle23223
owner is not present at the vehicle operator's initial appearance23224
and if the court believes that the vehicle owner was not provided23225
adequate notice of the initial appearance, the court, in its23226
discretion, may refrain for a period of time not exceeding seven23227
days from ordering the immobilization of the vehicle and the23228
impoundment of its license plates, or the criminal forfeiture of23229
the vehicle so that the vehicle owner may appear before the court23230
to present evidence as to why the court should not order the23231
immobilization of the vehicle and the impoundment of its license23232
plates, or the criminal forfeiture of the vehicle. If the court23233
refrains from ordering the immobilization of the vehicle and the23234
impoundment of its license plates, or the criminal forfeiture of23235
the vehicle, section 4503.235 of the Revised Code applies relative23236
to the order of immobilization and impoundment, or the order of23237
forfeiturearrested person.23238

       (b) If, at any time, the charge that the vehicle operator23239
arrested person violated division (A) of section 4511.19 of the23240
Revised Code or the municipal OMVIOVI ordinance is dismissed for23241
any reason, the court shall order that the vehicle seized at the23242
time of the arrest and its license plates immediately be released23243
to the vehicle owner subject to the payment of expenses or charges23244
incurred in the removal and storage of the vehicleperson.23245

       (D) If a vehicle isand its license plates are seized under23246
division (B) of this section and isare not returned or released23247
to the vehicle ownerarrested person pursuant to division (C) of23248
this section, the vehicle orand its license plates shall be23249
retained until the final disposition of the charge in question.23250
Upon the final disposition of that charge, the court shall do23251
whichever of the following is applicable:23252

       (1) If the vehicle operatorarrested person is convicted of23253
or pleads guilty to the violation of division (A) of section23254
4511.19 of the Revised Code or of the municipal OMVIOVI23255
ordinance, the court shall impose sentence upon the vehicle23256
operatorperson as provided by law or ordinance and, subject to23257
section 4503.235 of the Revised Code, shall order the23258
immobilization of the vehicle the vehicle operatorperson was23259
operating at the time of, or that was involved in, the offense if23260
it is registered in the arrested person's name and the impoundment23261
of its license plates under section 4503.233 and section 4511.1923262
or 4511.193 or 4511.99 of the Revised Code, or the criminal23263
forfeiture of the vehicle if it is registered in the arrested23264
person's name under section 4503.234 and section 4511.19or23265
4511.193 or 4511.99 of the Revised Code, whichever is applicable.23266

       (2) If the vehicle operatorarrested person is found not23267
guilty of the violation of division (A) of section 4511.19 of the23268
Revised Code or of the municipal OMVIOVI ordinance, the court23269
shall order that the vehicle and its license plates immediately be23270
released to the vehicle owner upon the payment of any expenses or23271
charges incurred in its removal and storagearrested person.23272

       (3) If the charge that the vehicle operatorarrested person23273
violated division (A) of section 4511.19 of the Revised Code or23274
the municipal OMVIOVI ordinance is dismissed for any reason, the23275
court shall order that the vehicle and its license plates23276
immediately be released to the vehicle owner upon the payment of23277
any expenses or charges incurred in its removal and storage23278
arrested person.23279

       (4)If the impoundment of the vehicle was not authorized23280
under this section, the court shall order that the vehicle and its23281
license plates be returned immediately to the arrested person or,23282
if the arrested person is not the vehicle owner, to the vehicle23283
owner, and shall order that the state or political subdivision of23284
the law enforcement agency served by the law enforcement officer23285
who seized the vehicle pay all expenses and charges incurred in23286
its removal and storage.23287

       (E) If a vehicle is seized under division (B) of this23288
section, the time between the seizure of the vehicle and either23289
its release to the vehicle ownerarrested person under division23290
(C) of this section or the issuance of an order of immobilization23291
of the vehicle under section 4503.233 of the Revised Code shall be23292
credited against the period of immobilization ordered by the23293
court.23294

       (F)(1) The vehicle ownerExcept as provided in division23295
(D)(4) of this section, the arrested person may be charged23296
expenses or charges incurred in the removal and storage of the23297
immobilized vehicle. The court with jurisdiction over the case,23298
after notice to all interested parties, including lienholders, and23299
after an opportunity for them to be heard, if the vehicle owner23300
fails to appear in person, without good cause, or if the court23301
finds that the vehicle ownerarrested person does not intend to23302
seek release of the vehicle at the end of the period of23303
immobilization under section 4503.233 of the Revised Code or that23304
the vehicle ownerarrested person is not or will not be able to23305
pay the expenses and charges incurred in its removal and storage,23306
may order that title to the vehicle be transferred, in order of23307
priority, first into the name of the person or entity that removed23308
it, next into the name of a lienholder, or lastly into the name of23309
the owner of the place of storage.23310

       Any lienholder that receives title under a court order shall23311
do so on the condition that it pay any expenses or charges23312
incurred in the vehicle's removal and storage. If the person or23313
entity that receives title to the vehicle is the person or entity23314
that removed it, the person or entity shall receive title on the23315
condition that it pay any lien on the vehicle. The court shall23316
not order that title be transferred to any person or entity other23317
than the owner of the place of storage if the person or entity23318
refuses to receive the title. Any person or entity that receives23319
title either may keep title to the vehicle or may dispose of the23320
vehicle in any legal manner that it considers appropriate,23321
including assignment of the certificate of title to the motor23322
vehicle to a salvage dealer or a scrap metal processing facility.23323
The person or entity shall not transfer the vehicle to the person23324
who is the vehicle's immediate previous owner.23325

       If the person or entity that receives title assigns the motor23326
vehicle to a salvage dealer or scrap metal processing facility,23327
the person or entity shall send the assigned certificate of title23328
to the motor vehicle to the clerk of the court of common pleas of23329
the county in which the salvage dealer or scrap metal processing23330
facility is located. The person or entity shall mark the face of23331
the certificate of title with the words "for destructionFOR23332
DESTRUCTION" and shall deliver a photocopy of the certificate of23333
title to the salvage dealer or scrap metal processing facility for23334
its records.23335

       (2) Whenever a court issues an order under division (F)(1)23336
of this section, the court also shall order removal of the license23337
plates from the vehicle and cause them to be sent to the registrar23338
of motor vehicles if they have not already been sent to the23339
registrar. Thereafter, no further proceedings shall take place23340
under this section or under section 4503.233 of the Revised Code.23341

       (3) Prior to initiating a proceeding under division (F)(1)23342
of this section, and upon payment of the fee under division (B) of23343
section 4505.14 of the Revised Code, any interested party may23344
cause a search to be made of the public records of the bureau of23345
motor vehicles or the clerk of the court of common pleas, to23346
ascertain the identity of any lienholder of the vehicle. The23347
initiating party shall furnish this information to the clerk of23348
the court with jurisdiction over the case, and the clerk shall23349
provide notice to the vehicle owner, the defendantarrested23350
person, any lienholder, and any other interested parties listed by23351
the initiating party, at the last known address supplied by the23352
initiating party, by certified mail or, at the option of the23353
initiating party, by personal service or ordinary mail.23354

       Sec. 4511.196.  (A) If a person is arrested for being in23355
physical control of a vehicle, streetcar, or trackless trolley in23356
violation of section 4511.194 of the Revised Code, or for23357
operating a vehicle while under the influence of alcohol, a drug23358
of abuse, or alcohol and a drug of abuse or for operating a23359
vehicle with a prohibited concentration of alcohol in the blood,23360
breath, or urine and, streetcar, or trackless trolley in violation23361
of division (A) or (B) of section 4511.19 of the Revised Code or a23362
municipal OVI ordinance, regardless of whether the person's23363
driver's or commercial driver's license or permit or nonresident23364
operating privilege is or is not suspended under division (E) or23365
(F) of section 4511.191 of the Revised Code, the person's initial23366
appearance on the charge resulting from the arrest shall be held23367
within five days of the person's arrest or the issuance of the23368
citation to the person.23369

       (B)(1) If a person is arrested as described in division (A)23370
of this section, if the person's driver's or commercial driver's23371
license or permit or nonresident operating privilege has been23372
suspended under division (E) or (F) of section 4511.191 of the23373
Revised Code in relation to that arrest, if the person appeals the23374
suspension in accordance with division (H)(1) of that section23375
4511.197of the Revised Code, and if the judge, magistrate, or23376
mayor terminates the suspension in accordance with division (H)(2)23377
of that section, the judge, magistrate, or mayor,at any time23378
prior to adjudication on the merits of the charge resulting from23379
the arrest, may impose a new suspension of the person's license,23380
permit, or nonresident operating privilege, notwithstanding the23381
termination of the suspension imposed under division (E) or (F) of23382
section 4511.191 of the Revised Code, if the judge, magistrate, or23383
mayor determines that the person's continued driving will be a23384
threat to public safety.23385

       (2) If a person is arrested as described in division (A) of23386
this section and if the person's driver's or commercial driver's23387
license or permit or nonresident operating privilege has not been23388
suspended under division (E) or (F) of section 4511.191 of the23389
Revised Code in relation to that arrest, the judge, magistrate, or23390
mayor,at any time prior to the adjudication on the merits of the23391
charge resulting from the arrest, may impose a suspension of the23392
person's license, permit, or nonresident operating privilege if23393
the judge, magistrate, or mayor determines that the person's23394
continued driving will be a threat to public safety.23395

       (C) A suspension of a person's driver's or commercial23396
driver's license or permit or nonresident operating privilege23397
under division (B)(1) or (2) of this section shall continue until23398
the complaint on the charge resulting from the arrest is23399
adjudicated on the merits. A court that imposes a suspension23400
under division (B)(2) of this section shall send the person's23401
driver's license or permit to the registrar of motor vehicles. If23402
the court possesses the driver's or commercial driver's license or23403
permit of a person in the category described in division (B)(2) of23404
this section and the court does not impose a suspension under that23405
division (B)(2) of this section, the court shall return the23406
license or permit to the person if the license or permit has not23407
otherwise been suspended or revokedcancelled.23408

       Any time during which the person serves a suspension of the23409
person's driver's or commercial driver's license or, permit, or23410
nonresident operating privilege that is imposed pursuant to23411
division (B)(1) or (2) of this section shall be credited against23412
any period of judicial suspension of the person's license, permit,23413
or nonresident operating privilege that is imposed pursuant to23414
under division (B)(G) of section 4507.164511.19 of the Revised23415
Code or under section 4510.07 of the Revised Code for a violation23416
of a municipal ordinance substantially equivalent to division (A)23417
of section 4511.19 of the Revised Code.23418

       (D) If a person is arrested and charged with a violation of23419
section 2903.08 of the Revised Code or a violation of section23420
2903.06 of the Revised Code that is a felony offense, the judge at23421
the person's initial appearance, preliminary hearing, or23422
arraignment may suspend the person's driver's or commercial23423
driver's license or permit or nonresident operating privilege if23424
the judge determines at any of those proceedings that the person's23425
continued driving will be a threat to public safety.23426

       TheA suspension that may be imposed pursuant tounder this23427
division shall continue until the indictment or information23428
alleging the violation specified in this division is adjudicated23429
on the merits. A court that imposes a suspension under this23430
division shall send the person's driver's or commercial driver's23431
license or permit to the registrar.23432

       Sec. 4511.197.  (A) If a person is arrested for operating a23433
vehicle, streetcar, or trackless trolley in violation of division23434
(A) or (B) of section 4511.19 of the Revised Code or a municipal23435
OVI ordinance or for being in physical control of a vehicle,23436
streetcar, or trackless trolley in violation of section 4511.19423437
of the Revised Code and if the person's driver's or commercial23438
driver's license or permit or nonresident operating privilege is23439
suspended under section 4511.191 of the Revised Code, the person23440
may appeal the suspension at the person's initial appearance on23441
the charge resulting from the arrest or within the period ending23442
thirty days after the person's initial appearance on that charge,23443
in the court in which the person will appear on that charge. If23444
the person appeals the suspension, the appeal itself does not stay23445
the operation of the suspension. If the person appeals the23446
suspension, either the person or the registrar of motor vehicles23447
may request a continuance of the appeal and the court may grant23448
the continuance. The court also may continue the appeal on its23449
own motion. Neither the request for, nor the granting of, a23450
continuance stays the suspension that is the subject of the23451
appeal, unless the court specifically grants a stay.23452

       (B) A person shall file an appeal under division (A) of this23453
section in the municipal court, county court, juvenile court,23454
mayor's court, or court of common pleas that has jurisdiction over23455
the charge in relation to which the person was arrested.23456

       (C) If a person appeals a suspension under division (A) of23457
this section, the scope of the appeal is limited to determining23458
whether one or more of the following conditions have not been met:23459

       (1) Whether the arresting law enforcement officer had23460
reasonable ground to believe the arrested person was operating a23461
vehicle, streetcar, or trackless trolley in violation of division23462
(A) or (B) of section 4511.19 of the Revised Code or a municipal23463
OVI ordinance or was in physical control of a vehicle, streetcar,23464
or trackless trolley in violation of section 4511.194 of the23465
Revised Code and whether the arrested person was in fact placed23466
under arrest;23467

       (2) Whether the law enforcement officer requested the23468
arrested person to submit to the chemical test or tests designated23469
pursuant to division (A) of section 4511.191 of the Revised Code;23470

       (3) Whether the arresting officer informed the arrested23471
person of the consequences of refusing to be tested or of23472
submitting to the test or tests;23473

       (4) Whichever of the following is applicable:23474

       (a) Whether the arrested person refused to submit to the23475
chemical test or tests requested by the officer;23476

       (b) Whether the arrest was for a violation of division (A)23477
or (B) of section 4511.19 of the Revised Code or a municipal OVI23478
ordinance and, if it was, whether the chemical test results23479
indicate that the arrested person's whole blood contained a23480
concentration of ten-hundredths of one per cent or more by weight23481
of alcohol, the person's blood serum or plasma contained a23482
concentration of twelve-hundredths of one per cent or more by23483
weight of alcohol, the person's breath contained a concentration23484
of ten-hundredths of one gram or more by weight of alcohol per two23485
hundred ten liters of the person's breath, or the person's urine23486
contained a concentration of fourteen-hundredths of one gram or23487
more by weight of alcohol per one hundred milliliters of the23488
person's urine at the time of the alleged offense.23489

       (D) A person who appeals a suspension under division (A) of23490
this section has the burden of proving, by a preponderance of the23491
evidence, that one or more of the conditions specified in division23492
(C) of this section has not been met. If, during the appeal, the23493
judge or magistrate of the court or the mayor of the mayor's court23494
determines that all of those conditions have been met, the judge,23495
magistrate, or mayor shall uphold the suspension, continue the23496
suspension, and notify the registrar of motor vehicles of the23497
decision on a form approved by the registrar. 23498

       Except as otherwise provided in this section, if a suspension23499
imposed under section 4511.191 of the Revised Code is upheld on23500
appeal or if the subject person does not appeal the suspension23501
under division (A) of this section, the suspension shall continue23502
until the complaint alleging the violation for which the person23503
was arrested and in relation to which the suspension was imposed23504
is adjudicated on the merits or terminated pursuant to law. If23505
the suspension was imposed under division (B)(1) of section23506
4511.191 of the Revised Code and it is continued under this23507
section, any subsequent finding that the person is not guilty of23508
the charge that resulted in the person being requested to take the23509
chemical test or tests under division (A) of section 4511.191 of23510
the Revised Code does not terminate or otherwise affect the23511
suspension. If the suspension was imposed under division (C) of23512
section 4511.191 of the Revised Code in relation to an alleged23513
misdemeanor violation of division (A) or (B) of section 4511.19 of23514
the Revised Code or of a municipal OVI ordinance and it is23515
continued under this section, the suspension shall terminate if,23516
for any reason, the person subsequently is found not guilty of the23517
charge that resulted in the person taking the chemical test or23518
tests.23519

       If, during the appeal, the judge or magistrate of the trial23520
court or the mayor of the mayor's court determines that one or23521
more of the conditions specified in division (C) of this section23522
have not been met, the judge, magistrate, or mayor shall terminate23523
the suspension, subject to the imposition of a new suspension23524
under division (B) of section 4511.196 of the Revised Code; shall23525
notify the registrar of motor vehicles of the decision on a form23526
approved by the registrar; and, except as provided in division (B)23527
of section 4511.196 of the Revised Code, shall order the registrar23528
to return the driver's or commercial driver's license or permit to23529
the person or to take any other measures that may be necessary, if23530
the license or permit was destroyed under section 4510.53 of the23531
Revised Code, to permit the person to obtain a replacement23532
driver's or commercial driver's license or permit from the23533
registrar or a deputy registrar in accordance with that section.23534
The court also shall issue to the person a court order, valid for23535
not more than ten days from the date of issuance, granting the23536
person operating privileges for that period.23537

       (E) Any person whose driver's or commercial driver's license23538
or permit or nonresident operating privilege has been suspended23539
pursuant to section 4511.191 of the Revised Code may file a23540
petition requesting limited driving privileges in the common pleas23541
court, municipal court, county court, mayor's court, or juvenile23542
court with jurisdiction over the related criminal or delinquency23543
case. The petition may be filed at any time subsequent to the23544
date on which the arresting law enforcement officer serves the23545
notice of suspension upon the arrested person but no later than23546
thirty days after the arrested person's initial appearance or23547
arraignment. Upon the making of the request, limited driving23548
privileges may be granted under sections 4510.021 and 4510.13 of23549
the Revised Code, regardless of whether the person appeals the23550
suspension under this section or appeals the decision of the court23551
on the appeal, and, if the person has so appealed the suspension23552
or decision, regardless of whether the matter has been heard or23553
decided by the court. The person shall pay the costs of the23554
proceeding, notify the registrar of the filing of the petition,23555
and send the registrar a copy of the petition.23556

       The court may not grant the person limited driving privileges23557
when prohibited by section 4510.13 or 4511.191 of the Revised23558
Code.23559

       (F) Any person whose driver's or commercial driver's license23560
or permit has been suspended under section 4511.19 of the Revised23561
Code or under section 4510.07 of the Revised Code for a conviction23562
of a municipal OVI offense and who desires to retain the license23563
or permit during the pendency of an appeal, at the time sentence23564
is pronounced, shall notify the court of record or mayor's court23565
that suspended the license or permit of the person's intention to23566
appeal. If the person so notifies the court, the court, mayor, or23567
clerk of the court shall retain the license or permit until the23568
appeal is perfected, and, if execution of sentence is stayed, the23569
license or permit shall be returned to the person to be held by23570
the person during the pendency of the appeal. If the appeal is23571
not perfected or is dismissed or terminated in an affirmance of23572
the conviction, then the license or permit shall be taken up by23573
the court, mayor, or clerk, at the time of putting the sentence23574
into execution, and the court shall proceed in the same manner as23575
if no appeal was taken.23576

       (G) Except as otherwise provided in this division, if a23577
person whose driver's or commercial driver's license or permit or23578
nonresident operating privilege was suspended under section23579
4511.191 of the Revised Code appeals the suspension under division23580
(A) of this section, the prosecuting attorney of the county in23581
which the arrest occurred shall represent the registrar of motor23582
vehicles in the appeal. If the arrest occurred within a municipal23583
corporation within the jurisdiction of the court in which the23584
appeal is conducted, the city director of law, village solicitor,23585
or other chief legal officer of that municipal corporation shall23586
represent the registrar. If the appeal is conducted in a23587
municipal court, the registrar shall be represented as provided in23588
section 1901.34 of the Revised Code. If the appeal is conducted23589
in a mayor's court, the city director of law, village solicitor,23590
or other chief legal officer of the municipal corporation that23591
operates that mayor's court shall represent the registrar. 23592

       (H) The court shall give information in writing of any23593
action taken under this section to the registrar of motor23594
vehicles.23595

       (I) When it finally has been determined under the procedures23596
of this section that a nonresident's privilege to operate a23597
vehicle within this state has been suspended, the registrar of23598
motor vehicles shall give information in writing of the action23599
taken to the motor vehicle administrator of the state of the23600
nonresident's residence and of any state in which the nonresident23601
has a license.23602

       Sec. 4511.20. (A) No person shall operate a vehicle,23603
trackless trolley, or streetcar on any street or highway in23604
willful or wanton disregard of the safety of persons or property.23605

       (B)Except as otherwise provided in this division, whoever23606
violates this section is guilty of a minor misdemeanor. If,23607
within one year of the offense, the offender previously has been23608
convicted of or pleaded guilty to one predicate motor vehicle or23609
traffic offense, whoever violates this section is guilty of a23610
misdemeanor of the fourth degree. If, within one year of the23611
offense, the offender previously has been convicted of two or more23612
predicate motor vehicle or traffic offenses, whoever violates this23613
section is guilty of a misdemeanor of the third degree.23614

       Sec. 4511.201. (A) No person shall operate a vehicle,23615
trackless trolley, or streetcar on any public or private property23616
other than streets or highways, in willful or wanton disregard of23617
the safety of persons or property.23618

       This section does not apply to the competitive operation of23619
vehicles on public or private property when the owner of such23620
property knowingly permits such operation thereon.23621

       (B)Except as otherwise provided in this division, whoever23622
violates this section is guilty of a minor misdemeanor. If,23623
within one year of the offense, the offender previously has been23624
convicted of or pleaded guilty to one predicate motor vehicle or23625
traffic offense, whoever violates this section is guilty of a23626
misdemeanor of the fourth degree. If, within one year of the23627
offense, the offender previously has been convicted of two or more23628
predicate motor vehicle or traffic offenses, whoever violates this23629
section is guilty of a misdemeanor of the third degree.23630

       Sec. 4511.202. (A) No person shall operate a motor vehicle,23631
trackless trolley, or streetcar on any street, highway, or23632
property open to the public for vehicular traffic without being in23633
reasonable control of the vehicle, trolley, or streetcar.23634

       (B)Whoever violates this section is guilty of operating a23635
motor vehicle without being in control of it, a minor misdemeanor.23636

       Sec. 4507.33.        Sec. 4511.203. (A) No person shall authorize or23637
knowingly permit a motor vehicle owned by himthe person or under23638
histhe person's control to be driven by any personanother if23639
eitherany of the following appliesapply:23640

       (A)(1) The offender knows or has reasonable cause to believe23641
should know that the other person has no legal right to drive the23642
motor vehicle;does not have a valid driver's or commercial23643
driver's license or permit or valid nonresident driving privileges23644
or that the license, permit, or privileges have been suspended or23645
canceled under Chapter 4510. or any other provision of the Revised23646
Code.23647

       (B)(2) The offender knows or has reasonable cause to believe23648
should know that the other person's act of driving the motor23649
vehicle would violate any prohibition contained in sections23650
4507.01 to 4507.39Chapter4509. of the Revised Code.23651

       (3)The offender knows or should know that the other person's23652
act of driving would violate section 4511.19 of the Revised Code23653
or any substantially equivalent municipal ordinance.23654

       (B) It shall be prima-facie evidence that the offender knows23655
or should know that the operator of the motor vehicle owned by the23656
offender or under the offender's control is in a category23657
described in division (A)(1), (2), or (3) of this section if23658
either of the following applies:23659

       (1) The offender and the operator of the motor vehicle23660
occupied the motor vehicle together at the time of the offense.23661

       (2) The offender and the operator of the motor vehicle23662
reside in the same household.23663

       (C) Whoever violates this section is guilty of wrongful23664
entrustment of a motor vehicle, a misdemeanor of the first degree.23665
In addition to the penalties imposed under Chapter 2929. of the23666
Revised Code, the court shall impose a class seven suspension of23667
the offender's driver's license, commercial driver's license,23668
temporary instruction permit, probationary license, or nonresident23669
operating privilege from the range specified in division (A)(7) of23670
section 4510.02 of the Revised Code, and, if the vehicle involved23671
in the offense is registered in the name of the offender, the23672
court shall order one of the following:23673

       (1) Except as otherwise provided in division (C)(2) or (3)23674
of this section, the court shall order, for thirty days, the23675
immobilization of the vehicle involved in the offense and the23676
impoundment of that vehicle's license plates. The order shall be23677
issued and enforced under section 4503.233 of the Revised Code.23678

       (2) If the offender previously has been convicted of or23679
pleaded guilty to one violation of this section or a substantially23680
equivalent municipal ordinance, the court shall order, for sixty23681
days, the immobilization of the vehicle involved in the offense23682
and the impoundment of that vehicle's license plates. The order23683
shall be issued and enforced under section 4503.233 of the Revised23684
Code.23685

       (3) If the offender previously has been convicted of or23686
pleaded guilty to two or more violations of this section or a23687
substantially equivalent municipal ordinance, the court shall23688
order the criminal forfeiture to the state of the vehicle involved23689
in the offense. The order shall be issued and enforced under23690
section 4503.234 of the Revised Code.23691

       If title to a motor vehicle that is subject to an order for23692
criminal forfeiture under this division is assigned or transferred23693
and division (B)(2) or (3) of section 4503.234 of the Revised Code23694
applies, in addition to or independent of any other penalty23695
established by law, the court may fine the offender the value of23696
the vehicle as determined by publications of the national auto23697
dealer's association. The proceeds from any fine imposed under23698
this division shall be distributed in accordance with division23699
(C)(2) of section 4503.234 of the Revised Code.23700

       (D) If a court orders the immobilization of a vehicle under23701
division (C) of this section, the court shall not release the23702
vehicle from the immobilization before the termination of the23703
period of immobilization ordered unless the court is presented23704
with current proof of financial responsibility with respect to23705
that vehicle.23706

       (E) If a court orders the criminal forfeiture of a vehicle23707
under division (C) of this section, upon receipt of the order from23708
the court, neither the registrar of motor vehicles nor any deputy23709
registrar shall accept any application for the registration or23710
transfer of registration of any motor vehicle owned or leased by23711
the person named in the order. The period of denial shall be five23712
years after the date the order is issued, unless, during that23713
five-year period, the court with jurisdiction of the offense that23714
resulted in the order terminates the forfeiture and notifies the23715
registrar of the termination. If the court terminates the23716
forfeiture and notifies the registrar, the registrar shall take23717
all necessary measures to permit the person to register a vehicle23718
owned or leased by the person or to transfer the registration of23719
the vehicle.23720

       (F) This section does not apply to motor vehicle rental23721
dealers or motor vehicle leasing dealers, as defined in section23722
4549.65 of the Revised Code.23723

       (G) As used in this section, a vehicle is owned by a person23724
if, at the time of a violation of this section, the vehicle is23725
registered in the person's name.23726

       Sec. 4511.21.  (A) No person shall operate a motor vehicle,23727
trackless trolley, or streetcar at a speed greater or less than is23728
reasonable or proper, having due regard to the traffic, surface,23729
and width of the street or highway and any other conditions, and23730
no person shall drive any motor vehicle, trackless trolley, or23731
streetcar in and upon any street or highway at a greater speed23732
than will permit the person to bring it to a stop within the23733
assured clear distance ahead.23734

       (B) It is prima-facie lawful, in the absence of a lower23735
limit declared pursuant to this section by the director of23736
transportation or local authorities, for the operator of a motor23737
vehicle, trackless trolley, or streetcar to operate the same at a23738
speed not exceeding the following:23739

       (1)(a) Twenty miles per hour in school zones during school23740
recess and while children are going to or leaving school during23741
the opening or closing hours, and when twenty miles per hour23742
school speed limit signs are erected; except that, on23743
controlled-access highways and expressways, if the right-of-way23744
line fence has been erected without pedestrian opening, the speed23745
shall be governed by division (B)(4) of this section and on23746
freeways, if the right-of-way line fence has been erected without23747
pedestrian opening, the speed shall be governed by divisions23748
(B)(8) and (9) of this section. The end of every school zone may23749
be marked by a sign indicating the end of the zone. Nothing in23750
this section or in the manual and specifications for a uniform23751
system of traffic control devices shall be construed to require23752
school zones to be indicated by signs equipped with flashing or23753
other lights, or giving other special notice of the hours in which23754
the school zone speed limit is in effect.23755

       (b) As used in this section and in section 4511.212 of the23756
Revised Code, "school" means any school chartered under section23757
3301.16 of the Revised Code and any nonchartered school that23758
during the preceding year filed with the department of education23759
in compliance with rule 3301-35-08 of the Ohio Administrative23760
Code, a copy of the school's report for the parents of the23761
school's pupils certifying that the school meets Ohio minimum23762
standards for nonchartered, nontax-supported schools and presents23763
evidence of this filing to the jurisdiction from which it is23764
requesting the establishment of a school zone.23765

       (c) As used in this section, "school zone" means that23766
portion of a street or highway passing a school fronting upon the23767
street or highway that is encompassed by projecting the school23768
property lines to the fronting street or highway, and also23769
includes that portion of a state highway. Upon request from local23770
authorities for streets and highways under their jurisdiction and23771
that portion of a state highway under the jurisdiction of the23772
director of transportation, the director may extend the23773
traditional school zone boundaries. The distances in divisions23774
(B)(1)(c)(i), (ii), and (iii) of this section shall not exceed23775
three hundred feet per approach per direction and are bounded by23776
whichever of the following distances or combinations thereof the23777
director approves as most appropriate:23778

       (i) The distance encompassed by projecting the school23779
building lines normal to the fronting highway and extending a23780
distance of three hundred feet on each approach direction;23781

       (ii) The distance encompassed by projecting the school23782
property lines intersecting the fronting highway and extending a23783
distance of three hundred feet on each approach direction;23784

       (iii) The distance encompassed by the special marking of the23785
pavement for a principal school pupil crosswalk plus a distance of23786
three hundred feet on each approach direction of the highway.23787

       Nothing in this section shall be construed to invalidate the23788
director's initial action on August 9, 1976, establishing all23789
school zones at the traditional school zone boundaries defined by23790
projecting school property lines, except when those boundaries are23791
extended as provided in divisions (B)(1)(a) and (c) of this23792
section.23793

       (d) As used in this division, "crosswalk" has the meaning23794
given that term in division (LL)(2) of section 4511.01 of the23795
Revised Code.23796

       The director may, upon request by resolution of the23797
legislative authority of a municipal corporation, the board of23798
trustees of a township, or a county board of mental retardation23799
and developmental disabilities created pursuant to Chapter 5126.23800
of the Revised Code, and upon submission by the municipal23801
corporation, township, or county board of such engineering,23802
traffic, and other information as the director considers23803
necessary, designate a school zone on any portion of a state route23804
lying within the municipal corporation, lying within the23805
unincorporated territory of the township, or lying adjacent to the23806
property of a school that is operated by such county board, that23807
includes a crosswalk customarily used by children going to or23808
leaving a school during recess and opening and closing hours,23809
whenever the distance, as measured in a straight line, from the23810
school property line nearest the crosswalk to the nearest point of23811
the crosswalk is no more than one thousand three hundred twenty23812
feet. Such a school zone shall include the distance encompassed23813
by the crosswalk and extending three hundred feet on each approach23814
direction of the state route.23815

       (2) Twenty-five miles per hour in all other portions of a23816
municipal corporation, except on state routes outside business23817
districts, through highways outside business districts, and23818
alleys;23819

       (3) Thirty-five miles per hour on all state routes or23820
through highways within municipal corporations outside business23821
districts, except as provided in divisions (B)(4) and (6) of this23822
section;23823

       (4) Fifty miles per hour on controlled-access highways and23824
expressways within municipal corporations;23825

       (5) Fifty-five miles per hour on highways outside of23826
municipal corporations, other than freeways as provided in23827
division (B)(12) of this section;23828

       (6) Fifty miles per hour on state routes within municipal23829
corporations outside urban districts unless a lower prima-facie23830
speed is established as further provided in this section;23831

       (7) Fifteen miles per hour on all alleys within the23832
municipal corporation;23833

       (8) Fifty-five miles per hour at all times on freeways with23834
paved shoulders inside municipal corporations, other than freeways23835
as provided in division (B)(12) of this section;23836

       (9) Fifty-five miles per hour at all times on freeways23837
outside municipal corporations, other than freeways as provided in23838
division (B)(12) of this section;23839

       (10) Fifty-five miles per hour at all times on all portions23840
of freeways that are part of the interstate system and on all23841
portions of freeways that are not part of the interstate system,23842
but are built to the standards and specifications that are23843
applicable to freeways that are part of the interstate system for23844
operators of any motor vehicle weighing in excess of eight23845
thousand pounds empty weight and any noncommercial bus;23846

       (11) Fifty-five miles per hour for operators of any motor23847
vehicle weighing eight thousand pounds or less empty weight and23848
any commercial bus at all times on all portions of freeways that23849
are part of the interstate system and that had such a speed limit23850
established prior to October 1, 1995, and freeways that are not23851
part of the interstate system, but are built to the standards and23852
specifications that are applicable to freeways that are part of23853
the interstate system and that had such a speed limit established23854
prior to October 1, 1995, unless a higher speed limit is23855
established under division (L) of this section;23856

       (12) Sixty-five miles per hour for operators of any motor23857
vehicle weighing eight thousand pounds or less empty weight and23858
any commercial bus at all times on all portions of the following:23859

       (a) Freeways that are part of the interstate system and that23860
had such a speed limit established prior to October 1, 1995, and23861
freeways that are not part of the interstate system, but are built23862
to the standards and specifications that are applicable to23863
freeways that are part of the interstate system and that had such23864
a speed limit established prior to October 1, 1995;23865

       (b) Freeways that are part of the interstate system and23866
freeways that are not part of the interstate system but are built23867
to the standards and specifications that are applicable to23868
freeways that are part of the interstate system, and that had such23869
a speed limit established under division (L) of this section;23870

       (c) Rural, divided, multi-lane highways that are designated23871
as part of the national highway system under the "National Highway23872
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,23873
and that had such a speed limit established under division (M) of23874
this section.23875

       (C) It is prima-facie unlawful for any person to exceed any23876
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),23877
(6), and (7) of this section, or any declared pursuant to this23878
section by the director or local authorities and it is unlawful23879
for any person to exceed any of the speed limitations in division23880
(D) of this section. No person shall be convicted of more than23881
one violation of this section for the same conduct, although23882
violations of more than one provision of this section may be23883
charged in the alternative in a single affidavit.23884

       (D) No person shall operate a motor vehicle, trackless23885
trolley, or streetcar upon a street or highway as follows:23886

       (1) At a speed exceeding fifty-five miles per hour, except23887
upon a freeway as provided in division (B)(12) of this section;23888

       (2) At a speed exceeding sixty-five miles per hour upon a23889
freeway as provided in division (B)(12) of this section except as23890
otherwise provided in division (D)(3) of this section;23891

       (3) If a motor vehicle weighing in excess of eight thousand23892
pounds empty weight or a noncommercial bus as prescribed in23893
division (B)(10) of this section, at a speed exceeding fifty-five23894
miles per hour upon a freeway as provided in that division;23895

       (4) At a speed exceeding the posted speed limit upon a23896
freeway for which the director has determined and declared a speed23897
limit of not more than sixty-five miles per hour pursuant to23898
division (L)(2) or (M) of this section;23899

       (5) At a speed exceeding sixty-five miles per hour upon a23900
freeway for which such a speed limit has been established through23901
the operation of division (L)(3) of this section;23902

       (6) At a speed exceeding the posted speed limit upon a23903
freeway for which the director has determined and declared a speed23904
limit pursuant to division (I)(2) of this section.23905

       (E) In every charge of violation of this section the23906
affidavit and warrant shall specify the time, place, and speed at23907
which the defendant is alleged to have driven, and in charges made23908
in reliance upon division (C) of this section also the speed which23909
division (B)(1)(a), (2), (3), (4), (6), or (7) of, or a limit23910
declared pursuant to, this section declares is prima-facie lawful23911
at the time and place of such alleged violation, except that in23912
affidavits where a person is alleged to have driven at a greater23913
speed than will permit the person to bring the vehicle to a stop23914
within the assured clear distance ahead the affidavit and warrant23915
need not specify the speed at which the defendant is alleged to23916
have driven.23917

       (F) When a speed in excess of both a prima-facie limitation23918
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of23919
this section is alleged, the defendant shall be charged in a23920
single affidavit, alleging a single act, with a violation23921
indicated of both division (B)(1)(a), (2), (3), (4), (6), or (7)23922
of this section, or of a limit declared pursuant to this section23923
by the director or local authorities, and of the limitation in23924
division (D)(1), (2), (3), (4), (5), or (6) of this section. If23925
the court finds a violation of division (B)(1)(a), (2), (3), (4),23926
(6), or (7) of, or a limit declared pursuant to, this section has23927
occurred, it shall enter a judgment of conviction under such23928
division and dismiss the charge under division (D)(1), (2), (3),23929
(4), (5), or (6) of this section. If it finds no violation of23930
division (B)(1)(a), (2), (3), (4), (6), or (7) of, or a limit23931
declared pursuant to, this section, it shall then consider whether23932
the evidence supports a conviction under division (D)(1), (2),23933
(3), (4), (5), or (6) of this section.23934

       (G) Points shall be assessed for violation of a limitation23935
under division (D) of this section only when the court finds the23936
violation involved a speed of five miles per hour or more in23937
excess of the posted speed limitin accordance with section23938
4510.036 of the Revised Code.23939

       (H) Whenever the director determines upon the basis of a23940
geometric and traffic characteristic study that any speed limit23941
set forth in divisions (B)(1)(a) to (D) of this section is greater23942
or less than is reasonable or safe under the conditions found to23943
exist at any portion of a street or highway under the jurisdiction23944
of the director, the director shall determine and declare a23945
reasonable and safe prima-facie speed limit, which shall be23946
effective when appropriate signs giving notice of it are erected23947
at the location.23948

       (I)(1) Except as provided in divisions (I)(2) and (K) of23949
this section, whenever local authorities determine upon the basis23950
of an engineering and traffic investigation that the speed23951
permitted by divisions (B)(1)(a) to (D) of this section, on any23952
part of a highway under their jurisdiction, is greater than is23953
reasonable and safe under the conditions found to exist at such23954
location, the local authorities may by resolution request the23955
director to determine and declare a reasonable and safe23956
prima-facie speed limit. Upon receipt of such request the23957
director may determine and declare a reasonable and safe23958
prima-facie speed limit at such location, and if the director does23959
so, then such declared speed limit shall become effective only23960
when appropriate signs giving notice thereof are erected at such23961
location by the local authorities. The director may withdraw the23962
declaration of a prima-facie speed limit whenever in the23963
director's opinion the altered prima-facie speed becomes23964
unreasonable. Upon such withdrawal, the declared prima-facie23965
speed shall become ineffective and the signs relating thereto23966
shall be immediately removed by the local authorities.23967

       (2) A local authority may determine on the basis of a23968
geometric and traffic characteristic study that the speed limit of23969
sixty-five miles per hour on a portion of a freeway under its23970
jurisdiction that was established through the operation of23971
division (L)(3) of this section is greater than is reasonable or23972
safe under the conditions found to exist at that portion of the23973
freeway. If the local authority makes such a determination, the23974
local authority by resolution may request the director to23975
determine and declare a reasonable and safe speed limit of not23976
less than fifty-five miles per hour for that portion of the23977
freeway. If the director takes such action, the declared speed23978
limit becomes effective only when appropriate signs giving notice23979
of it are erected at such location by the local authority.23980

       (J) Local authorities in their respective jurisdictions may23981
authorize by ordinance higher prima-facie speeds than those stated23982
in this section upon through highways, or upon highways or23983
portions thereof where there are no intersections, or between23984
widely spaced intersections, provided signs are erected giving23985
notice of the authorized speed, but local authorities shall not23986
modify or alter the basic rule set forth in division (A) of this23987
section or in any event authorize by ordinance a speed in excess23988
of fifty miles per hour.23989

       Alteration of prima-facie limits on state routes by local23990
authorities shall not be effective until the alteration has been23991
approved by the director. The director may withdraw approval of23992
any altered prima-facie speed limits whenever in the director's23993
opinion any altered prima-facie speed becomes unreasonable, and23994
upon such withdrawal, the altered prima-facie speed shall become23995
ineffective and the signs relating thereto shall be immediately23996
removed by the local authorities.23997

       (K)(1) As used in divisions (K)(1), (2), (3), and (4) of23998
this section, "unimproved highway" means a highway consisting of23999
any of the following:24000

       (a) Unimproved earth;24001

       (b) Unimproved graded and drained earth;24002

       (c) Gravel.24003

       (2) Except as otherwise provided in divisions (K)(4) and (5)24004
of this section, whenever a board of township trustees determines24005
upon the basis of an engineering and traffic investigation that24006
the speed permitted by division (B)(5) of this section on any part24007
of an unimproved highway under its jurisdiction and in the24008
unincorporated territory of the township is greater than is24009
reasonable or safe under the conditions found to exist at the24010
location, the board may by resolution declare a reasonable and24011
safe prima-facie speed limit of fifty-five but not less than24012
twenty-five miles per hour. An altered speed limit adopted by a24013
board of township trustees under this division becomes effective24014
when appropriate traffic control devices, as prescribed in section24015
4511.11 of the Revised Code, giving notice thereof are erected at24016
the location, which shall be no sooner than sixty days after24017
adoption of the resolution.24018

       (3)(a) Whenever, in the opinion of a board of township24019
trustees, any altered prima-facie speed limit established by the24020
board under this division becomes unreasonable, the board may24021
adopt a resolution withdrawing the altered prima-facie speed24022
limit. Upon the adoption of such a resolution, the altered24023
prima-facie speed limit becomes ineffective and the traffic24024
control devices relating thereto shall be immediately removed.24025

       (b) Whenever a highway ceases to be an unimproved highway24026
and the board has adopted an altered prima-facie speed limit24027
pursuant to division (K)(2) of this section, the board shall, by24028
resolution, withdraw the altered prima-facie speed limit as soon24029
as the highway ceases to be unimproved. Upon the adoption of such24030
a resolution, the altered prima-facie speed limit becomes24031
ineffective and the traffic control devices relating thereto shall24032
be immediately removed.24033

       (4)(a) If the boundary of two townships rests on the24034
centerline of an unimproved highway in unincorporated territory24035
and both townships have jurisdiction over the highway, neither of24036
the boards of township trustees of such townships may declare an24037
altered prima-facie speed limit pursuant to division (K)(2) of24038
this section on the part of the highway under their joint24039
jurisdiction unless the boards of township trustees of both of the24040
townships determine, upon the basis of an engineering and traffic24041
investigation, that the speed permitted by division (B)(5) of this24042
section is greater than is reasonable or safe under the conditions24043
found to exist at the location and both boards agree upon a24044
reasonable and safe prima-facie speed limit of less than24045
fifty-five but not less than twenty-five miles per hour for that24046
location. If both boards so agree, each shall follow the24047
procedure specified in division (K)(2) of this section for24048
altering the prima-facie speed limit on the highway. Except as24049
otherwise provided in division (K)(4)(b) of this section, no speed24050
limit altered pursuant to division (K)(4)(a) of this section may24051
be withdrawn unless the boards of township trustees of both24052
townships determine that the altered prima-facie speed limit24053
previously adopted becomes unreasonable and each board adopts a24054
resolution withdrawing the altered prima-facie speed limit24055
pursuant to the procedure specified in division (K)(3)(a) of this24056
section.24057

       (b) Whenever a highway described in division (K)(4)(a) of24058
this section ceases to be an unimproved highway and two boards of24059
township trustees have adopted an altered prima-facie speed limit24060
pursuant to division (K)(4)(a) of this section, both boards shall,24061
by resolution, withdraw the altered prima-facie speed limit as24062
soon as the highway ceases to be unimproved. Upon the adoption of24063
the resolution, the altered prima-facie speed limit becomes24064
ineffective and the traffic control devices relating thereto shall24065
be immediately removed.24066

       (5) As used in division (K)(5) of this section:24067

       (a) "Commercial subdivision" means any platted territory24068
outside the limits of a municipal corporation and fronting a24069
highway where, for a distance of three hundred feet or more, the24070
frontage is improved with buildings in use for commercial24071
purposes, or where the entire length of the highway is less than24072
three hundred feet long and the frontage is improved with24073
buildings in use for commercial purposes.24074

       (b) "Residential subdivision" means any platted territory24075
outside the limits of a municipal corporation and fronting a24076
highway, where, for a distance of three hundred feet or more, the24077
frontage is improved with residences or residences and buildings24078
in use for business, or where the entire length of the highway is24079
less than three hundred feet long and the frontage is improved24080
with residences or residences and buildings in use for business.24081

       Whenever a board of township trustees finds upon the basis of24082
an engineering and traffic investigation that the prima-facie24083
speed permitted by division (B)(5) of this section on any part of24084
a highway under its jurisdiction that is located in a commercial24085
or residential subdivision, except on highways or portions thereof24086
at the entrances to which vehicular traffic from the majority of24087
intersecting highways is required to yield the right-of-way to24088
vehicles on such highways in obedience to stop or yield signs or24089
traffic control signals, is greater than is reasonable and safe24090
under the conditions found to exist at the location, the board may24091
by resolution declare a reasonable and safe prima-facie speed24092
limit of less than fifty-five but not less than twenty-five miles24093
per hour at the location. An altered speed limit adopted by a24094
board of township trustees under this division shall become24095
effective when appropriate signs giving notice thereof are erected24096
at the location by the township. Whenever, in the opinion of a24097
board of township trustees, any altered prima-facie speed limit24098
established by it under this division becomes unreasonable, it may24099
adopt a resolution withdrawing the altered prima-facie speed, and24100
upon such withdrawal, the altered prima-facie speed shall become24101
ineffective, and the signs relating thereto shall be immediately24102
removed by the township.24103

       (L)(1) Within one hundred twenty days of the effective date24104
of this amendment, the director of transportation, based upon a24105
geometric and traffic characteristic study of a freeway that is24106
part of the interstate system or that is not part of the24107
interstate system, but is built to the standards and24108
specifications that are applicable to freeways that are part of24109
the interstate system, in consultation with the director of public24110
safety and, if applicable, the local authority having jurisdiction24111
over a portion of such freeway, may determine and declare that the24112
speed limit of less than sixty-five miles per hour established on24113
such freeway or portion of freeway either is reasonable and safe24114
or is less than that which is reasonable and safe.24115

       (2) If the established speed limit for such a freeway or24116
portion of freeway is determined to be less than that which is24117
reasonable and safe, the director of transportation, in24118
consultation with the director of public safety and, if24119
applicable, the local authority having jurisdiction over the24120
portion of freeway, shall determine and declare a reasonable and24121
safe speed limit of not more than sixty-five miles per hour for24122
that freeway or portion of freeway.24123

       The director of transportation or local authority having24124
jurisdiction over the freeway or portion of freeway shall erect24125
appropriate signs giving notice of the speed limit at such24126
location within one hundred fifty days of the effective date of24127
this amendment. Such speed limit becomes effective only when such24128
signs are erected at the location.24129

       (3) If, within one hundred twenty days of the effective date24130
of this amendment, the director of transportation does not make a24131
determination and declaration of a reasonable and safe speed limit24132
for a freeway or portion of freeway that is part of the interstate24133
system or that is not part of the interstate system, but is built24134
to the standards and specifications that are applicable to24135
freeways that are part of the interstate system and that has a24136
speed limit of less than sixty-five miles per hour, the speed24137
limit on that freeway or portion of a freeway shall be sixty-five24138
miles per hour. The director of transportation or local authority24139
having jurisdiction over the freeway or portion of the freeway24140
shall erect appropriate signs giving notice of the speed limit of24141
sixty-five miles per hour at such location within one hundred24142
fifty days of the effective date of this amendment. Such speed24143
limit becomes effective only when such signs are erected at the24144
location. A speed limit established through the operation of24145
division (L)(3) of this section is subject to reduction under24146
division (I)(2) of this section.24147

       (M) Within three hundred sixty days after the effective date24148
of this amendment, the director of transportation, based upon a24149
geometric and traffic characteristic study of a rural, divided,24150
multi-lane highway that has been designated as part of the24151
national highway system under the "National Highway System24152
Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103, in24153
consultation with the director of public safety and, if24154
applicable, the local authority having jurisdiction over a portion24155
of the highway, may determine and declare that the speed limit of24156
less than sixty-five miles per hour established on the highway or24157
portion of highway either is reasonable and safe or is less than24158
that which is reasonable and safe.24159

       If the established speed limit for the highway or portion of24160
highway is determined to be less than that which is reasonable and24161
safe, the director of transportation, in consultation with the24162
director of public safety and, if applicable, the local authority24163
having jurisdiction over the portion of highway, shall determine24164
and declare a reasonable and safe speed limit of not more than24165
sixty-five miles per hour for that highway or portion of highway. 24166
The director of transportation or local authority having24167
jurisdiction over the highway or portion of highway shall erect24168
appropriate signs giving notice of the speed limit at such24169
location within three hundred ninety days after the effective date24170
of this amendment. The speed limit becomes effective only when24171
such signs are erected at the location.24172

       (N) As used in this section:24173

       (1) "Interstate system" has the same meaning as in 2324174
U.S.C.A. 101.24175

       (2) "Commercial bus" means a motor vehicle designed for24176
carrying more than nine passengers and used for the transportation24177
of persons for compensation.24178

       (3) "Noncommercial bus" includes but is not limited to a24179
school bus or a motor vehicle operated solely for the24180
transportation of persons associated with a charitable or24181
nonprofit organization.24182

       (O)(1) A violation of any provision of this section is one24183
of the following:24184

       (a) Except as otherwise provided in divisions (O)(1)(b),24185
(1)(c), (2), and (3) of this section, a minor misdemeanor;24186

       (b) If, within one year of the offense, the offender24187
previously has been convicted of or pleaded guilty to two24188
violations of any provision of this section or of any provision of24189
a municipal ordinance that is substantially similar to any24190
provision of this section, a misdemeanor of the fourth degree;24191

       (c) If, within one year of the offense, the offender24192
previously has been convicted of or pleaded guilty to three or24193
more violations of any provision of this section or of any24194
provision of a municipal ordinance that is substantially similar24195
to any provision of this section, a misdemeanor of the third24196
degree;24197

       (2) If the offender has not previously been convicted of or24198
pleaded guilty to a violation of any provision of this section or24199
of any provision of a municipal ordinance that is substantially24200
similar to this section and operated a motor vehicle faster than24201
thirty-five miles an hour in a business district of a municipal24202
corporation, faster than fifty miles an hour in other portions of24203
a municipal corporation, or faster than thirty-five miles an hour24204
in a school zone during recess or while children are going to or24205
leaving school during the school's opening or closing hours, a24206
misdemeanor of the fourth degree.24207

       (3) Notwithstanding division (O)(1) of this section, if the24208
offender operated a motor vehicle in a construction zone where a24209
sign was then posted in accordance with section 4511.98 of the24210
Revised Code, the court, in addition to all other penalties24211
provided by law, shall impose upon the offender a fine of two24212
times the usual amount imposed for the violation. No court shall24213
impose a fine of two times the usual amount imposed for the24214
violation upon an offender if the offender alleges, in an24215
affidavit filed with the court prior to the offender's sentencing,24216
that the offender is indigent and is unable to pay the fine24217
imposed pursuant to this division and if the court determines that24218
the offender is an indigent person and unable to pay the fine.24219

       Sec. 4511.211.  (A) The owner of a private road or driveway24220
located in a private residential area containing twenty or more24221
dwelling units may establish a speed limit on the road or driveway24222
by complying with all of the following requirements:24223

       (1) The speed limit is not less than twenty-five miles per24224
hour and is indicated by a sign that is in a proper position, is24225
sufficiently legible to be seen by an ordinarily observant person,24226
and meets the specifications for the basic speed limit sign24227
included in the manual adopted by the department of transportation24228
pursuant to section 4511.09 of the Revised Code;24229

       (2) The owner has posted a sign at the entrance of the24230
private road or driveway that is in plain view and clearly informs24231
persons entering the road or driveway that they are entering24232
private property, a speed limit has been established for the road24233
or driveway, and the speed limit is enforceable by law enforcement24234
officers under state law.24235

       (B) No person shall operate a vehicle upon a private road or24236
driveway as provided in division (A) of this section at a speed24237
exceeding any speed limit established and posted pursuant to that24238
division.24239

       (C) When a speed limit is established and posted in24240
accordance with division (A) of this section, any law enforcement24241
officer may apprehend a person violating the speed limit of the24242
residential area by utilizing any of the means described in24243
section 4511.091 of the Revised Code or by any other accepted24244
method of determining the speed of a motor vehicle and may stop24245
and charge the person with exceeding the speed limit.24246

       (D) Points shall be assessed for violation of a speed limit24247
established and posted in accordance with division (A) of this24248
section only when the violation involves a speed of five miles per24249
hour or more in excess of the posted speed limitin accordance24250
with section 4510.036 of the Revised Code.24251

       (E) As used in this section:24252

       (1) "Owner" includes but is not limited to a person who24253
holds title to the real property in fee simple, a condominium24254
owners' association, a property owner's association, the board of24255
directors or trustees of a private community, and a nonprofit24256
corporation governing a private community.24257

       (2) "Private residential area containing twenty or more24258
dwelling units" does not include a Chautauqua assembly as defined24259
in section 4511.90 of the Revised Code.24260

       (F) A violation of division (B) of this section is one of24261
the following:24262

       (1) Except as otherwise provided in divisions (F)(2) and (3)24263
of this section, a minor misdemeanor;24264

       (2) If, within one year of the offense, the offender24265
previously has been convicted of or pleaded guilty to two24266
violations of division (B) of this section or of any municipal24267
ordinance that is substantially similar to division (B) of this24268
section, a misdemeanor of the fourth degree;24269

       (3) If, within one year of the offense, the offender24270
previously has been convicted of or pleaded guilty to three or24271
more violations of division (B) of this section or of any24272
municipal ordinance that is substantially similar to division (B)24273
of this section, a misdemeanor of the third degree.24274

       Sec. 4511.213.  (A) The driver of a motor vehicle, upon24275
approaching a stationary public safety vehicle that is displaying24276
a flashing red light, flashing combination red and white light,24277
oscillating or rotating red light, oscillating or rotating24278
combination red and white light, flashing blue light, flashing24279
combination blue and white light, oscillating or rotating blue24280
light, or oscillating or rotating combination blue and white24281
light, shall do either of the following:24282

       (1) If the driver of the motor vehicle is traveling on a24283
highway that consists of at least two lanes that carry traffic in24284
the same direction of travel as that of the driver's motor24285
vehicle, the driver shall proceed with due caution and, if24286
possible and with due regard to the road, weather, and traffic24287
conditions, shall change lanes into a lane that is not adjacent to24288
that of the stationary public safety vehicle.24289

       (2) If the driver is not traveling on a highway of a type24290
described in division (A)(1) of this section, or if the driver is24291
traveling on a highway of that type but it is not possible to24292
change lanes or if to do so would be unsafe, the driver shall24293
proceed with due caution, reduce the speed of the motor vehicle,24294
and maintain a safe speed for the road, weather, and traffic24295
conditions.24296

       (B) This section does not relieve the driver of a public24297
safety vehicle from the duty to drive with due regard for the24298
safety of all persons and property upon the highway.24299

       (C) No person shall fail to drive a motor vehicle in24300
compliance with division (A)(1) or (2) of this section when so24301
required by division (A) of this section.24302

       (D)(1) Except as otherwise provided in this division,24303
whoever violates this section is guilty of a minor misdemeanor.24304
If, within one year of the offense, the offender previously has24305
been convicted of or pleaded guilty to one predicate motor vehicle24306
or traffic offense, whoever violates this section is guilty of a24307
misdemeanor of the fourth degree. If, within one year of the24308
offense, the offender previously has been convicted of two or more24309
predicate motor vehicle or traffic offenses, whoever violates this24310
section is guilty of a misdemeanor of the third degree.24311

       (2) Notwithstanding section 2929.21 of the Revised Code,24312
upon a finding that a person operated a motor vehicle in violation24313
of division (C) of this section, the court, in addition to all24314
other penalties provided by law, shall impose a fine of two times24315
the usual amount imposed for the violation.24316

       (E) As used in this section, "public safety vehicle" has the24317
same meaning as in section 4511.01 of the Revised Code.24318

       Sec. 4511.22.  (A) No person shall stop or operate a24319
vehicle, trackless trolley, or street car at such a slow speed as24320
to impede or block the normal and reasonable movement of traffic,24321
except when stopping or reduced speed is necessary for safe24322
operation or to comply with law.24323

       (B) Whenever the director of transportation or local24324
authorities determine on the basis of an engineering and traffic24325
investigation that slow speeds on any part of a controlled-access24326
highway, expressway, or freeway consistently impede the normal and24327
reasonable movement of traffic, the director or such local24328
authority may declare a minimum speed limit below which no person24329
shall operate a motor vehicle, trackless trolley, or street car24330
except when necessary for safe operation or in compliance with24331
law. No minimum speed limit established hereunder shall be less24332
than thirty miles per hour, greater than fifty miles per hour, nor24333
effective until the provisions of section 4511.21 of the Revised24334
Code, relating to appropriate signs, have been fulfilled and local24335
authorities have obtained the approval of the director.24336

       (C)Except as otherwise provided in this division, whoever24337
violates this section is guilty of a minor misdemeanor. If,24338
within one year of the offense, the offender previously has been24339
convicted of or pleaded guilty to one predicate motor vehicle or24340
traffic offense, whoever violates this section is guilty of a24341
misdemeanor of the fourth degree. If, within one year of the24342
offense, the offender previously has been convicted of two or more24343
predicate motor vehicle or traffic offenses, whoever violates this24344
section is guilty of a misdemeanor of the third degree.24345

       Sec. 4511.23. (A) No person shall operate a vehicle,24346
trackless trolley, or streetcar over any bridge or other elevated24347
structure constituting a part of a highway at a speed which is24348
greater than the maximum speed that can be maintained with safety24349
to such bridge or structure, when such structure is posted with24350
signs as provided in this section.24351

       The department of transportation upon request from any local24352
authority shall, or upon its own initiative may, conduct an24353
investigation of any bridge or other elevated structure24354
constituting a part of a highway, and if it finds that such24355
structure cannot with safety withstand traffic traveling at the24356
speed otherwise permissible under sections 4511.01 to 4511.7824357
4511.85 and 4511.994511.98 of the Revised Code, the department24358
shall determine and declare the maximum speed of traffic which24359
such structure can withstand, and shall cause or permit suitable24360
signs stating such maximum speed to be erected and maintained at a24361
distance of at least one hundred feet before each end of such24362
structure.24363

       Upon the trial of any person charged with a violation of this24364
section, proof of said determination of the maximum speed by the24365
department and the existence of said signs shall constitute24366
prima-facie evidence of the maximum speed which can be maintained24367
with safety to such bridge or structure.24368

       (B)Except as otherwise provided in this division, whoever24369
violates this section is guilty of a minor misdemeanor. If,24370
within one year of the offense, the offender previously has been24371
convicted of or pleaded guilty to one predicate motor vehicle or24372
traffic offense, whoever violates this section is guilty of a24373
misdemeanor of the fourth degree. If, within one year of the24374
offense, the offender previously has been convicted of two or more24375
predicate motor vehicle or traffic offenses, whoever violates this24376
section is guilty of a misdemeanor of the third degree.24377

       Sec. 4511.25.  (A) Upon all roadways of sufficient width, a24378
vehicle or trackless trolley shall be driven upon the right half24379
of the roadway, except as follows:24380

       (1) When overtaking and passing another vehicle proceeding24381
in the same direction, or when making a left turn under the rules24382
governing such movements;24383

       (2) When an obstruction exists making it necessary to drive24384
to the left of the center of the highway; provided, any person so24385
doing shall yield the right of way to all vehicles traveling in24386
the proper direction upon the unobstructed portion of the highway24387
within such distance as to constitute an immediate hazard;24388

       (3) When driving upon a roadway divided into three or more24389
marked lanes for traffic under the rules applicable thereon;24390

       (4) When driving upon a roadway designated and posted with24391
signs for one-way traffic;24392

       (5) When otherwise directed by a police officer or traffic24393
control device.24394

       (B) Upon all roadways any vehicle or trackless trolley24395
proceeding at less than the normal speed of traffic at the time24396
and place and under the conditions then existing shall be driven24397
in the right-hand lane then available for traffic, or as close as24398
practicable to the right-hand curb or edge of the roadway, except24399
when overtaking and passing another vehicle or trackless trolley24400
proceeding in the same direction or when preparing for a left24401
turn.24402

       (C) Upon any roadway having four or more lanes for moving24403
traffic and providing for two-way movement of traffic, no vehicle24404
or trackless trolley shall be driven to the left of the center24405
line of the roadway, except when authorized by official traffic24406
control devices designating certain lanes to the left of the24407
center of the roadway for use by traffic not otherwise permitted24408
to use the lanes, or except as permitted under division (A)(2) of24409
this section.24410

       Division (C) of this sectionThis division shall not be24411
construed as prohibiting the crossing of the center line in making24412
a left turn into or from an alley, private road, or driveway.24413

       (D)Except as otherwise provided in this division, whoever24414
violates this section is guilty of a minor misdemeanor. If,24415
within one year of the offense, the offender previously has been24416
convicted of or pleaded guilty to one predicate motor vehicle or24417
traffic offense, whoever violates this section is guilty of a24418
misdemeanor of the fourth degree. If, within one year of the24419
offense, the offender previously has been convicted of two or more24420
predicate motor vehicle or traffic offenses, whoever violates this24421
section is guilty of a misdemeanor of the third degree.24422

       Sec. 4511.251.  (A) As used in this section and in sections24423
4507.021 and 4507.16section4510.036 of the Revised Code, "street24424
racing" means the operation of two or more vehicles from a point24425
side by side at accelerating speeds in a competitive attempt to24426
out-distance each other or the operation of one or more vehicles24427
over a common selected course, from the same point to the same24428
point, wherein timing is made of the participating vehicles24429
involving competitive accelerations or speeds. Persons rendering24430
assistance in any manner to such competitive use of vehicles shall24431
be equally charged as the participants. The operation of two or24432
more vehicles side by side either at speeds in excess of24433
prima-facie lawful speeds established by divisions (B)(1)(a) to24434
(B)(7) of section 4511.21 of the Revised Code or rapidly24435
accelerating from a common starting point to a speed in excess of24436
such prima-facie lawful speeds shall be prima-facie evidence of24437
street racing.24438

       (B) No person shall participate in street racing upon any24439
public road, street, or highway in this state.24440

       (C)Whoever violates this section is guilty of street racing,24441
a misdemeanor of the first degree. In addition to any other24442
sanctions, the court may impose a class seven suspension of the24443
offender's driver's license, commercial driver's license,24444
temporary instruction permit, probationary license, or nonresident24445
operating privilege from the range specified in division (A)(7) of24446
section 4510.02 of the Revised Code.24447

       Sec. 4511.26. (A) Operators of vehicles and trackless24448
trolleys proceeding in opposite directions shall pass each other24449
to the right, and upon roadways having width for not more than one24450
line of traffic in each direction, each operator shall give to the24451
other one-half of the main traveled portion of the roadway or as24452
nearly one-half as is reasonable possible.24453

       (B)Except as otherwise provided in this division, whoever24454
violates this section is guilty of a minor misdemeanor. If,24455
within one year of the offense, the offender previously has been24456
convicted of or pleaded guilty to one predicate motor vehicle or24457
traffic offense, whoever violates this section is guilty of a24458
misdemeanor of the fourth degree. If, within one year of the24459
offense, the offender previously has been convicted of two or more24460
predicate motor vehicle or traffic offenses, whoever violates this24461
section is guilty of a misdemeanor of the third degree.24462

       Sec. 4511.27. (A) The following rules govern the overtaking24463
and passing of vehicles or trackless trolleys proceeding in the24464
same direction:24465

       (A)(1) The operator of a vehicle or trackless trolley24466
overtaking another vehicle or trackless trolley proceeding in the24467
same direction shall, except as provided in division (C)(A)(3) of24468
this section, signal to the vehicle or trackless trolley to be24469
overtaken, shall pass to the left thereof at a safe distance, and24470
shall not again drive to the right side of the roadway until24471
safely clear of the overtaken vehicle or trackless trolley.24472

       (B)(2) Except when overtaking and passing on the right is24473
permitted, the operator of an overtaken vehicle shall give way to24474
the right in favor of the overtaking vehicle at the latter's24475
audible signal, and he shall not increase the speed of his vehicle24476
until completely passed by the overtaking vehicle.24477

       (C)(3) The operator of a vehicle or trackless trolley24478
overtaking and passing another vehicle or trackless trolley24479
proceeding in the same direction on a divided highway as defined24480
in section 4511.35 of the Revised Code, a limited access highway24481
as defined in section 5511.02 of the Revised Code, or a highway24482
with four or more traffic lanes, is not required to signal audibly24483
to the vehicle or trackless trolley being overtaken and passed.24484

       (B)Except as otherwise provided in this division, whoever24485
violates this section is guilty of a minor misdemeanor. If,24486
within one year of the offense, the offender previously has been24487
convicted of or pleaded guilty to one predicate motor vehicle or24488
traffic offense, whoever violates this section is guilty of a24489
misdemeanor of the fourth degree. If, within one year of the24490
offense, the offender previously has been convicted of two or more24491
predicate motor vehicle or traffic offenses, whoever violates this24492
section is guilty of a misdemeanor of the third degree.24493

       Sec. 4511.28.  (A) The driver of a vehicle or trackless24494
trolley may overtake and pass upon the right of another vehicle or24495
trackless trolley only under the following conditions:24496

       (1) When the vehicle or trackless trolley overtaken is24497
making or about to make a left turn;24498

       (2) Upon a roadway with unobstructed pavement of sufficient24499
width for two or more lines of vehicles moving lawfully in the24500
direction being traveled by the overtaking vehicle.24501

       (B) The driver of a vehicle or trackless trolley may24502
overtake and pass another vehicle or trackless trolley only under24503
conditions permitting such movement in safety. The movement shall24504
not be made by driving off the roadway.24505

       (C)Except as otherwise provided in this division, whoever24506
violates this section is guilty of a minor misdemeanor. If,24507
within one year of the offense, the offender previously has been24508
convicted of or pleaded guilty to one predicate motor vehicle or24509
traffic offense, whoever violates this section is guilty of a24510
misdemeanor of the fourth degree. If, within one year of the24511
offense, the offender previously has been convicted of two or more24512
predicate motor vehicle or traffic offenses, whoever violates this24513
section is guilty of a misdemeanor of the third degree.24514

       Sec. 4511.29. (A) No vehicle or trackless trolley shall be24515
driven to the left of the center of the roadway in overtaking and24516
passing traffic proceeding in the same direction, unless such left24517
side is clearly visible and is free of oncoming traffic for a24518
sufficient distance ahead to permit such overtaking and passing to24519
be completely made, without interfering with the safe operation of24520
any traffic approaching from the opposite direction or any traffic24521
overtaken. In every event the overtaking vehicle or trackless24522
trolley must return to an authorized lane of travel as soon as24523
practicable and in the event the passing movement involves the use24524
of a lane authorized for traffic approaching from the opposite24525
direction, before coming within two hundred feet of any24526
approaching vehicle.24527

       (B)Except as otherwise provided in this division, whoever24528
violates this section is guilty of a minor misdemeanor. If,24529
within one year of the offense, the offender previously has been24530
convicted of or pleaded guilty to one predicate motor vehicle or24531
traffic offense, whoever violates this section is guilty of a24532
misdemeanor of the fourth degree. If, within one year of the24533
offense, the offender previously has been convicted of two or more24534
predicate motor vehicle or traffic offenses, whoever violates this24535
section is guilty of a misdemeanor of the third degree.24536

       Sec. 4511.30. (A) No vehicle or trackless trolley shall be24537
driven upon the left side of the roadway under the following24538
conditions:24539

       (A)(1) When approaching the crest of a grade or upon a curve24540
in the highway, where the operator's view is obstructed within24541
such a distance as to create a hazard in the event traffic might24542
approach from the opposite direction;24543

       (B)(2) When the view is obstructed upon approaching within24544
one hundred feet of any bridge, viaduct, or tunnel;24545

       (C)(3) When approaching within one hundred feet of or24546
traversing any intersection or railroad grade crossing.24547

       (B) This section does not apply to vehicles or trackless24548
trolleys upon a one-way roadway, upon a roadway where traffic is24549
lawfully directed to be driven to the left side, or under the24550
conditions described in division (A)(2) of section 4511.25 of the24551
Revised Code.24552

       (C)Except as otherwise provided in this division, whoever24553
violates this section is guilty of a minor misdemeanor. If,24554
within one year of the offense, the offender previously has been24555
convicted of or pleaded guilty to one predicate motor vehicle or24556
traffic offense, whoever violates this section is guilty of a24557
misdemeanor of the fourth degree. If, within one year of the24558
offense, the offender previously has been convicted of two or more24559
predicate motor vehicle or traffic offenses, whoever violates this24560
section is guilty of a misdemeanor of the third degree.24561

       Sec. 4511.31. (A) The department of transportation may24562
determine those portions of any state highway where overtaking and24563
passing other traffic or driving to the left of the center or24564
center line of the roadway would be especially hazardous, and may,24565
by appropriate signs or markings on the highway, indicate the24566
beginning and end of such zones. When such signs or markings are24567
in place and clearly visible, every operator of a vehicle or24568
trackless trolley shall obey the directions thereofof the signs24569
or markings, notwithstanding the distances set out in section24570
4511.30 of the Revised Code.24571

       (B)Except as otherwise provided in this division, whoever24572
violates this section is guilty of a minor misdemeanor. If,24573
within one year of the offense, the offender previously has been24574
convicted of or pleaded guilty to one predicate motor vehicle or24575
traffic offense, whoever violates this section is guilty of a24576
misdemeanor of the fourth degree. If, within one year of the24577
offense, the offender previously has been convicted of two or more24578
predicate motor vehicle or traffic offenses, whoever violates this24579
section is guilty of a misdemeanor of the third degree.24580

       Sec. 4511.32. (A) The department of transportation may24581
designate any highway or any separate roadway under its24582
jurisdiction for one-way traffic and shall erect appropriate signs24583
giving notice thereof.24584

       Upon a roadway designated and posted with signs for one-way24585
traffic a vehicle shall be driven only in the direction24586
designated.24587

       A vehicle passing around a rotary traffic island shall be24588
driven only to the right of suchthe rotary traffic island.24589

       (B)Except as otherwise provided in this division, whoever24590
violates this section is guilty of a minor misdemeanor. If,24591
within one year of the offense, the offender previously has been24592
convicted of or pleaded guilty to one predicate motor vehicle or24593
traffic offense, whoever violates this section is guilty of a24594
misdemeanor of the fourth degree. If, within one year of the24595
offense, the offender previously has been convicted of two or more24596
predicate motor vehicle or traffic offenses, whoever violates this24597
section is guilty of a misdemeanor of the third degree.24598

       Sec. 4511.33. (A) Whenever any roadway has been divided24599
into two or more clearly marked lanes for traffic, or wherever24600
within municipal corporations traffic is lawfully moving in two or24601
more substantially continuous lines in the same direction, the24602
following rules apply:24603

       (A)(1) A vehicle or trackless trolley shall be driven, as24604
nearly as is practicable, entirely within a single lane or line of24605
traffic and shall not be moved from such lane or line until the24606
driver has first ascertained that such movement can be made with24607
safety.24608

       (B)(2) Upon a roadway which is divided into three lanes and24609
provides for two-way movement of traffic, a vehicle or trackless24610
trolley shall not be driven in the center lane except when24611
overtaking and passing another vehicle or trackless trolley where24612
the roadway is clearly visible and such center lane is clear of24613
traffic within a safe distance, or when preparing for a left turn,24614
or where such center lane is at the time allocated exclusively to24615
traffic moving in the direction the vehicle or trackless trolley24616
is proceeding and is posted with signs to give notice of such24617
allocation.24618

       (C)(3) Official signs may be erected directing specified24619
traffic to use a designated lane or designating those lanes to be24620
used by traffic moving in a particular direction regardless of the24621
center of the roadway, and drivers of vehicles and trackless24622
trolleys shall obey the directions of such signs.24623

       (D)(4) Official traffic control devices may be installed24624
prohibiting the changing of lanes on sections of roadway and24625
drivers of vehicles shall obey the directions of every such24626
device.24627

       (B)Except as otherwise provided in this division, whoever24628
violates this section is guilty of a minor misdemeanor. If,24629
within one year of the offense, the offender previously has been24630
convicted of or pleaded guilty to one predicate motor vehicle or24631
traffic offense, whoever violates this section is guilty of a24632
misdemeanor of the fourth degree. If, within one year of the24633
offense, the offender previously has been convicted of two or more24634
predicate motor vehicle or traffic offenses, whoever violates this24635
section is guilty of a misdemeanor of the third degree.24636

       Sec. 4511.34. (A) The operator of a motor vehicle,24637
streetcar, or trackless trolley shall not follow another vehicle,24638
streetcar, or trackless trolley more closely than is reasonable24639
and prudent, having due regard for the speed of such vehicle,24640
streetcar, or trackless trolley, and the traffic upon and the24641
condition of the highway.24642

       The driver of any truck, or motor vehicle drawing another24643
vehicle, when traveling upon a roadway outside a business or24644
residence district shall maintain a sufficient space, whenever24645
conditions permit, between such vehicle and another vehicle ahead24646
so an overtaking motor vehicle may enter and occupy such space24647
without danger. This paragraph does not prevent overtaking and24648
passing nor does it apply to any lane specially designated for use24649
by trucks.24650

       Outside a municipal corporation, the driver of any truck, or24651
motor vehicle when drawing another vehicle, while ascending to the24652
crest of a grade beyond which the driver's view of a roadway is24653
obstructed, shall not follow within three hundred feet of another24654
truck, or motor vehicle drawing another vehicle. This paragraph24655
shall not apply to any lane specially designated for use by24656
trucks.24657

       Motor vehicles being driven upon any roadway outside of a24658
business or residence district in a caravan or motorcade, shall24659
maintain a sufficient space between such vehicles so an overtaking24660
vehicle may enter and occupy such space without danger. This24661
paragraph shall not apply to funeral processions.24662

       (B)Except as otherwise provided in this division, whoever24663
violates this section is guilty of a minor misdemeanor. If,24664
within one year of the offense, the offender previously has been24665
convicted of or pleaded guilty to one predicate motor vehicle or24666
traffic offense, whoever violates this section is guilty of a24667
misdemeanor of the fourth degree. If, within one year of the24668
offense, the offender previously has been convicted of two or more24669
predicate motor vehicle or traffic offenses, whoever violates this24670
section is guilty of a misdemeanor of the third degree.24671

       Sec. 4511.35. (A) Whenever any highway has been divided24672
into two roadways by an intervening space, or by a physical24673
barrier, or clearly indicated dividing section so constructed as24674
to impede vehicular traffic, every vehicle shall be driven only24675
upon the right-hand roadway, and no vehicle shall be driven over,24676
across, or within any such dividing space, barrier, or section,24677
except through an opening, crossover, or intersection established24678
by public authority. This section does not prohibit the occupancy24679
of such dividing space, barrier, or section for the purpose of an24680
emergency stop or in compliance with an order of a police officer.24681

       (B)Except as otherwise provided in this division, whoever24682
violates this section is guilty of a minor misdemeanor. If,24683
within one year of the offense, the offender previously has been24684
convicted of or pleaded guilty to one predicate motor vehicle or24685
traffic offense, whoever violates this section is guilty of a24686
misdemeanor of the fourth degree. If, within one year of the24687
offense, the offender previously has been convicted of two or more24688
predicate motor vehicle or traffic offenses, whoever violates this24689
section is guilty of a misdemeanor of the third degree.24690

       Sec. 4511.36. (A) The driver of a vehicle intending to turn24691
at an intersection shall be governed by the following rules:24692

       (A)(1) Approach for a right turn and a right turn shall be24693
made as close as practicable to the right-hand curb or edge of the24694
roadway.24695

       (B)(2) At any intersection where traffic is permitted to24696
move in both directions on each roadway entering the intersection,24697
an approach for a left turn shall be made in that portion of the24698
right half of the roadway nearest the center line thereof and by24699
passing to the right of such center line where it enters the24700
intersection and after entering the intersection the left turn24701
shall be made so as to leave the intersection to the right of the24702
center line of the roadway being entered. Whenever practicable24703
the left turn shall be made in that portion of the intersection to24704
the left of the center of the intersection.24705

       (C)(3) At any intersection where traffic is restricted to24706
one direction on one or more of the roadways, the driver of a24707
vehicle intending to turn left at any such intersection shall24708
approach the intersection in the extreme left-hand lane lawfully24709
available to traffic moving in the direction of travel of such24710
vehicle, and after entering the intersection the left turn shall24711
be made so as to leave the intersection, as nearly as practicable,24712
in the left-hand lane of the roadway being entered lawfully24713
available to traffic moving in that lane.24714

       (B) The operator of a trackless trolley shall comply with24715
divisions (A)(1), (B)(2), and (C)(3) of this section wherever24716
practicable.24717

       (C) The department of transportation and local authorities24718
in their respective jurisdictions may cause markers, buttons, or24719
signs to be placed within or adjacent to intersections and thereby24720
require and direct that a different course from that specified in24721
this section be traveled by vehicles, streetcars, or trackless24722
trolleys, turning at an intersection, and when markers, buttons,24723
or signs are so placed, no operator of a vehicle, streetcar, or24724
trackless trolley shall turn such vehicle, streetcar, or trackless24725
trolley at an intersection other than as directed and required by24726
such markers, buttons, or signs.24727

       (D)Except as otherwise provided in this division, whoever24728
violates this section is guilty of a minor misdemeanor. If,24729
within one year of the offense, the offender previously has been24730
convicted of or pleaded guilty to one predicate motor vehicle or24731
traffic offense, whoever violates this section is guilty of a24732
misdemeanor of the fourth degree. If, within one year of the24733
offense, the offender previously has been convicted of two or more24734
predicate motor vehicle or traffic offenses, whoever violates this24735
section is guilty of a misdemeanor of the third degree.24736

       Sec. 4511.37.  (A) Except as provided in division (B) of24737
this section, no vehicle shall be turned so as to proceed in the24738
opposite direction upon any curve, or upon the approach to or near24739
the crest of a grade, if the vehicle cannot be seen within five24740
hundred feet by the driver of any other vehicle approaching from24741
either direction.24742

       (B) The driver of an emergency vehicle or public safety24743
vehicle, when responding to an emergency call, may turn the24744
vehicle so as to proceed in the opposite direction. This division24745
applies only when the emergency vehicle or public safety vehicle24746
is responding to an emergency call, is equipped with and24747
displaying at least one flashing, rotating, or oscillating light24748
visible under normal atmospheric conditions from a distance of24749
five hundred feet to the front of the vehicle, and when the driver24750
of the vehicle is giving an audible signal by siren, exhaust24751
whistle, or bell. This division does not relieve the driver of an24752
emergency vehicle or public safety vehicle from the duty to drive24753
with due regard for the safety of all persons and property upon24754
the highway.24755

       (C)Except as otherwise provided in this division, whoever24756
violates this section is guilty of a minor misdemeanor. If,24757
within one year of the offense, the offender previously has been24758
convicted of or pleaded guilty to one predicate motor vehicle or24759
traffic offense, whoever violates this section is guilty of a24760
misdemeanor of the fourth degree. If, within one year of the24761
offense, the offender previously has been convicted of two or more24762
predicate motor vehicle or traffic offenses, whoever violates this24763
section is guilty of a misdemeanor of the third degree.24764

       Sec. 4511.38. (A) No person shall start a vehicle,24765
streetcar, or trackless trolley which is stopped, standing, or24766
parked until such movement can be made with reasonable safety.24767

       Before backing, operators of vehicle, streetcars, or24768
trackless trolleys shall give ample warning, and while backing24769
they shall exercise vigilance not to injure person or property on24770
the street or highway.24771

       No person shall back a motor vehicle on a freeway, except: in24772
a rest area; in the performance of public works or official24773
duties; as a result of an emergency caused by an accident or24774
breakdown of a motor vehicle.24775

       (B)Except as otherwise provided in this division, whoever24776
violates this section is guilty of a minor misdemeanor. If,24777
within one year of the offense, the offender previously has been24778
convicted of or pleaded guilty to one predicate motor vehicle or24779
traffic offense, whoever violates this section is guilty of a24780
misdemeanor of the fourth degree. If, within one year of the24781
offense, the offender previously has been convicted of two or more24782
predicate motor vehicle or traffic offenses, whoever violates this24783
section is guilty of a misdemeanor of the third degree.24784

       Sec. 4511.39. (A) No person shall turn a vehicle or24785
trackless trolley or move right or left upon a highway unless and24786
until such person has exercised due care to ascertain that the24787
movement can be made with reasonable safety nor without giving an24788
appropriate signal in the manner hereinafter provided.24789

       When required, a signal of intention to turn or move right or24790
left shall be given continuously during not less than the last one24791
hundred feet traveled by the vehicle or trackless trolley before24792
turning.24793

       No person shall stop or suddenly decrease the speed of a24794
vehicle or trackless trolley without first giving an appropriate24795
signal in the manner provided herein to the driver of any vehicle24796
or trackless trolley immediately to the rear when there is24797
opportunity to give a signal.24798

       Any stop or turn signal required by this section shall be24799
given either by means of the hand and arm, or by signal lights24800
that clearly indicate to both approaching and following traffic24801
intention to turn or move right or left, except that any motor24802
vehicle in use on a highway shall be equipped with, and the24803
required signal shall be given by, signal lights when the distance24804
from the center of the top of the steering post to the left24805
outside limit of the body, cab, or load of such motor vehicle24806
exceeds twenty-four inches, or when the distance from the center24807
of the top of the steering post to the rear limit of the body or24808
load thereof exceeds fourteen feet, whether a single vehicle or a24809
combination of vehicles.24810

       The signal lights required by this section shall not be24811
flashed on one side only on a disabled vehicle or trackless24812
trolley, flashed as a courtesy or "do pass" signal to operators of24813
other vehicles or trackless trolleys approaching from the rear,24814
nor be flashed on one side only of a parked vehicle or trackless24815
trolley except as may be necessary for compliance with this24816
section.24817

       (B)Except as otherwise provided in this division, whoever24818
violates this section is guilty of a minor misdemeanor. If,24819
within one year of the offense, the offender previously has been24820
convicted of or pleaded guilty to one predicate motor vehicle or24821
traffic offense, whoever violates this section is guilty of a24822
misdemeanor of the fourth degree. If, within one year of the24823
offense, the offender previously has been convicted of two or more24824
predicate motor vehicle or traffic offenses, whoever violates this24825
section is guilty of a misdemeanor of the third degree.24826

       Sec. 4511.40.  (A) Except as provided in division (B) of24827
this section, all signals required by sections 4511.01 to 4511.7824828
of the Revised Code, when given by hand and arm, shall be given24829
from the left side of the vehicle in the following manner, and24830
such signals shall indicate as follows:24831

       (1) Left turn, hand and arm extended horizontally;24832

       (2) Right turn, hand and arm extended upward;24833

       (3) Stop or decrease speed, hand and arm extended downward.24834

       (B) As an alternative to division (A)(2) of this section, a24835
person operating a bicycle may give a right turn signal by24836
extending the right hand and arm horizontally and to the right24837
side of the bicycle.24838

       (C)Except as otherwise provided in this division, whoever24839
violates this section is guilty of a minor misdemeanor. If,24840
within one year of the offense, the offender previously has been24841
convicted of or pleaded guilty to one predicate motor vehicle or24842
traffic offense, whoever violates this section is guilty of a24843
misdemeanor of the fourth degree. If, within one year of the24844
offense, the offender previously has been convicted of two or more24845
predicate motor vehicle or traffic offenses, whoever violates this24846
section is guilty of a misdemeanor of the third degree.24847

       Sec. 4511.41.  (A) When two vehicles, including any24848
trackless trolley or streetcar, approach or enter an intersection24849
from different streets or highways at approximately the same time,24850
the driver of the vehicle on the left shall yield the right-of-way24851
to the vehicle on the right.24852

       (B) The right-of-way rule declared in division (A) of this24853
section is modified at through highways and otherwise as stated in24854
Chapter 4511. of the Revised Code.24855

       (C)Except as otherwise provided in this division, whoever24856
violates this section is guilty of a minor misdemeanor. If,24857
within one year of the offense, the offender previously has been24858
convicted of or pleaded guilty to one predicate motor vehicle or24859
traffic offense, whoever violates this section is guilty of a24860
misdemeanor of the fourth degree. If, within one year of the24861
offense, the offender previously has been convicted of two or more24862
predicate motor vehicle or traffic offenses, whoever violates this24863
section is guilty of a misdemeanor of the third degree.24864

       Sec. 4511.42. (A) The operator of a vehicle, streetcar, or24865
trackless trolley intending to turn to the left within an24866
intersection or into an alley, private road, or driveway shall24867
yield the right of way to any vehicle, streetcar, or trackless24868
trolley approaching from the opposite direction, whenever the24869
approaching vehicle, streetcar, or trackless trolley is within the24870
intersection or so close to the intersection, alley, private road,24871
or driveway as to constitute an immediate hazard.24872

       (B)Except as otherwise provided in this division, whoever24873
violates this section is guilty of a minor misdemeanor. If,24874
within one year of the offense, the offender previously has been24875
convicted of or pleaded guilty to one predicate motor vehicle or24876
traffic offense, whoever violates this section is guilty of a24877
misdemeanor of the fourth degree. If, within one year of the24878
offense, the offender previously has been convicted of two or more24879
predicate motor vehicle or traffic offenses, whoever violates this24880
section is guilty of a misdemeanor of the third degree.24881

       Sec. 4511.43.  (A) Except when directed to proceed by a law24882
enforcement officer, every driver of a vehicle or trackless24883
trolley approaching a stop sign shall stop at a clearly marked24884
stop line, but if none, before entering the crosswalk on the near24885
side of the intersection, or, if none, then at the point nearest24886
the intersecting roadway where the driver has a view of24887
approaching traffic on the intersecting roadway before entering24888
it. After having stopped, the driver shall yield the right-of-way24889
to any vehicle in the intersection or approaching on another24890
roadway so closely as to constitute an immediate hazard during the24891
time the driver is moving across or within the intersection or24892
junction of roadways.24893

       (B) The driver of a vehicle or trackless trolley approaching24894
a yield sign shall slow down to a speed reasonable for the24895
existing conditions and, if required for safety to stop, shall24896
stop at a clearly marked stop line, but if none, before entering24897
the crosswalk on the near side of the intersection, or, if none,24898
then at the point nearest the intersecting roadway where the24899
driver has a view of approaching traffic on the intersecting24900
roadway before entering it. After slowing or stopping, the driver24901
shall yield the right-of-way to any vehicle or trackless trolley24902
in the intersection or approaching on another roadway so closely24903
as to constitute an immediate hazard during the time the driver is24904
moving across or within the intersection or junction of roadways.24905
Whenever a driver is involved in a collision with a vehicle or24906
trackless trolley in the intersection or junction of roadways,24907
after driving past a yield sign without stopping, the collision24908
shall be prima-facie evidence of the driver's failure to yield the24909
right-of-way.24910

       (C) Except as otherwise provided in this division, whoever24911
violates this section is guilty of a minor misdemeanor. If,24912
within one year of the offense, the offender previously has been24913
convicted of or pleaded guilty to one predicate motor vehicle or24914
traffic offense, whoever violates this section is guilty of a24915
misdemeanor of the fourth degree. If, within one year of the24916
offense, the offender previously has been convicted of two or more24917
predicate motor vehicle or traffic offenses, whoever violates this24918
section is guilty of a misdemeanor of the third degree.24919

       Sec. 4511.431. (A) The driver of a vehicle or trackless24920
trolley emerging from an alley, building, private road, or24921
driveway within a business or residence district shall stop the24922
vehicle or trackless trolley immediately prior to driving onto a24923
sidewalk or onto the sidewalk area extending across the alley,24924
building entrance, road, or driveway, or in the event there is no24925
sidewalk area, shall stop at the point nearest the street to be24926
entered where the driver has a view of approaching traffic24927
thereon.24928

       (B) Except as otherwise provided in this division, whoever24929
violates this section is guilty of a minor misdemeanor. If,24930
within one year of the offense, the offender previously has been24931
convicted of or pleaded guilty to one predicate motor vehicle or24932
traffic offense, whoever violates this section is guilty of a24933
misdemeanor of the fourth degree. If, within one year of the24934
offense, the offender previously has been convicted of two or more24935
predicate motor vehicle or traffic offenses, whoever violates this24936
section is guilty of a misdemeanor of the third degree.24937

       Sec. 4511.432.  (A) The owner of a private road or driveway24938
located in a private residential area containing twenty or more24939
dwelling units may erect stop signs at places where the road or24940
driveway intersects with another private road or driveway in the24941
residential area, in compliance with all of the following24942
requirements:24943

       (1) The stop sign is sufficiently legible to be seen by an24944
ordinarily observant person and meets the specifications of and is24945
placed in accordance with the manual adopted by the department of24946
transportation pursuant to section 4511.09 of the Revised Code;.24947

       (2) The owner has posted a sign at the entrance of the24948
private road or driveway that is in plain view and clearly informs24949
persons entering the road or driveway that they are entering24950
private property, stop signs have been posted and must be obeyed,24951
and the signs are enforceable by law enforcement officers under24952
state law. The sign required by division (A)(2) of this section,24953
where appropriate, may be incorporated with the sign required by24954
division (A)(2) of section 4511.211 of the Revised Code.24955

       (B) Division (A) of section 4511.43 and section 4511.46 of24956
the Revised Code shall be deemed to apply to the driver of a24957
vehicle on a private road or driveway where a stop sign is placed24958
in accordance with division (A) of this section and to a24959
pedestrian crossing such a road or driveway at an intersection24960
where a stop sign is in place.24961

       (C) When a stop sign is placed in accordance with division24962
(A) of this section, any law enforcement officer may apprehend a24963
person found violating the stop sign and may stop and charge the24964
person with violating the stop sign.24965

       (D) Except as otherwise provided in this division, whoever24966
violates this section is guilty of a minor misdemeanor. If,24967
within one year of the offense, the offender previously has been24968
convicted of or pleaded guilty to one predicate motor vehicle or24969
traffic offense, whoever violates this section is guilty of a24970
misdemeanor of the fourth degree. If, within one year of the24971
offense, the offender previously has been convicted of two or more24972
predicate motor vehicle or traffic offenses, whoever violates this24973
section is guilty of a misdemeanor of the third degree.24974

       (E) As used in this section, and for the purpose of applying24975
division (A) of section 4511.43 and section 4511.46 of the Revised24976
Code to conduct under this section:24977

       (1) "Intersection" means:24978

       (a) The area embraced within the prolongation or connection24979
of the lateral curb lines, or, if none, then the lateral boundary24980
lines of the roadways of two private roads or driveways which join24981
one another at, or approximately at, right angles, or the area24982
within which vehicles traveling upon different private roads or24983
driveways joining at any other angle may come in conflict.24984

       (b) Where a private road or driveway includes two roadways24985
thirty feet or more apart, then every crossing of two roadways of24986
such private roads or driveways shall be regarded as a separate24987
intersection.24988

       (2) "Roadway" means that portion of a private road or24989
driveway improved, designed, or ordinarily used for vehicular24990
travel, except the berm or shoulder. If a private road or24991
driveway includes two or more separate roadways, the term24992
"roadway" means any such roadway separately but not all such24993
roadways collectively.24994

       (3) "Owner" and "private residential area containing twenty24995
or more dwelling units" have the same meanings as in section24996
4511.211 of the Revised Code.24997

       Sec. 4511.44. (A) The operator of a vehicle, streetcar, or24998
trackless trolley about to enter or cross a highway from any place24999
other than another roadway shall yield the right of way to all25000
traffic approaching on the roadway to be entered or crossed.25001

       (B) Except as otherwise provided in this division, whoever25002
violates this section is guilty of a minor misdemeanor. If,25003
within one year of the offense, the offender previously has been25004
convicted of or pleaded guilty to one predicate motor vehicle or25005
traffic offense, whoever violates this section is guilty of a25006
misdemeanor of the fourth degree. If, within one year of the25007
offense, the offender previously has been convicted of two or more25008
predicate motor vehicle or traffic offenses, whoever violates this25009
section is guilty of a misdemeanor of the third degree.25010

       Sec. 4511.441. (A) The driver of a vehicle shall yield the25011
right-of-way to any pedestrian on a sidewalk.25012

       (B) Except as otherwise provided in this division, whoever25013
violates this section is guilty of a minor misdemeanor. If,25014
within one year of the offense, the offender previously has been25015
convicted of or pleaded guilty to one predicate motor vehicle or25016
traffic offense, whoever violates this section is guilty of a25017
misdemeanor of the fourth degree. If, within one year of the25018
offense, the offender previously has been convicted of two or more25019
predicate motor vehicle or traffic offenses, whoever violates this25020
section is guilty of a misdemeanor of the third degree.25021

       Sec. 4511.45.  (A)(1) Upon the approach of a public safety25022
vehicle or coroner's vehicle, equipped with at least one flashing,25023
rotating or oscillating light visible under normal atmospheric25024
conditions from a distance of five hundred feet to the front of25025
the vehicle and the driver is giving an audible signal by siren,25026
exhaust whistle, or bell, no driver of any other vehicle shall25027
fail to yield the right-of-way, immediately drive if practical to25028
a position parallel to, and as close as possible to, the right25029
edge or curb of the highway clear of any intersection, and stop25030
and remain in that position until the public safety vehicle or25031
coroner's vehicle has passed, except when otherwise directed by a25032
police officer.25033

       (2) Upon the approach of a public safety vehicle or25034
coroner's vehicle, as stated in division (A)(1) of this section,25035
no operator of any streetcar or trackless trolley shall fail to25036
immediately stop the streetcar or trackless trolley clear of any25037
intersection and keep it in that position until the public safety25038
vehicle or coroner's vehicle has passed, except when otherwise25039
directed by a police officer.25040

       (B) This section does not relieve the driver of a public25041
safety vehicle or coroner's vehicle from the duty to drive with25042
due regard for the safety of all persons and property upon the25043
highway.25044

       (C) This section applies to a coroner's vehicle only when25045
the vehicle is operated in accordance with section 4513.171 of the25046
Revised Code. As used in this section, "coroner's vehicle" means25047
a vehicle used by a coroner, deputy coroner, or coroner's25048
investigator that is equipped with a flashing, oscillating, or25049
rotating red or blue light and a siren, exhaust whistle, or bell25050
capable of giving an audible signal.25051

       (D)Except as otherwise provided in this division, whoever25052
violates division (A)(1) or (2) of this section is guilty of a25053
misdemeanor of the fourth degree on a first offense. On a second25054
offense within one year after the first offense, the person is25055
guilty of a misdemeanor of the third degree, and, on each25056
subsequent offense within one year after the first offense, the25057
person is guilty of a misdemeanor of the second degree.25058

       Sec. 4511.451. (A) As used in this section "funeral25059
procession" means two or more vehicles accompanying a body of a25060
deceased person in the daytime when each of such vehicles has its25061
headlights lighted and is displaying a purple and white pennant25062
attached to each vehicle in such a manner as to be clearly visible25063
to traffic approaching from any direction.25064

       (B) Excepting public safety vehicles proceeding in25065
accordance with section 4511.45 of the Revised Code or when25066
directed otherwise by a police officer, pedestrians and the25067
operators of all vehicles, street cars, and trackless trolleys25068
shall yield the right of way to each vehicle which is a part of a25069
funeral procession. Whenever the lead vehicle in a funeral25070
procession lawfully enters an intersection the remainder of the25071
vehicles in such procession may continue to follow such lead25072
vehicle through the intersection notwithstanding any traffic25073
control devices or right of way provisions of the Revised Code,25074
provided the operator of each vehicle exercises due care to avoid25075
colliding with any other vehicle or pedestrian upon the roadway.25076

       No person shall operate any vehicle as a part of a funeral25077
procession without having the headlights of such vehicle lighted25078
and without displaying a purple and white pennant in such a manner25079
as to be clearly visible to traffic approaching from any25080
direction.25081

       (C) Except as otherwise provided in this division, whoever25082
violates this section is guilty of a minor misdemeanor. If,25083
within one year of the offense, the offender previously has been25084
convicted of or pleaded guilty to one predicate motor vehicle or25085
traffic offense, whoever violates this section is guilty of a25086
misdemeanor of the fourth degree. If, within one year of the25087
offense, the offender previously has been convicted of two or more25088
predicate motor vehicle or traffic offenses, whoever violates this25089
section is guilty of a misdemeanor of the third degree.25090

       Sec. 4511.452.  (A) Upon the immediate approach of a public25091
safety vehicle, as stated in section 4511.45 of the Revised Code,25092
every pedestrian shall yield the right-of-way to the public safety25093
vehicle.25094

       (B) This section shall not relieve the driver of a public25095
safety vehicle from the duty to exercise due care to avoid25096
colliding with any pedestrian.25097

       (C) Except as otherwise provided in this division, whoever25098
violates this section is guilty of a minor misdemeanor. If,25099
within one year of the offense, the offender previously has been25100
convicted of or pleaded guilty to one predicate motor vehicle or25101
traffic offense, whoever violates this section is guilty of a25102
misdemeanor of the fourth degree. If, within one year of the25103
offense, the offender previously has been convicted of two or more25104
predicate motor vehicle or traffic offenses, whoever violates this25105
section is guilty of a misdemeanor of the third degree.25106

       Sec. 4511.46.  (A) When traffic control signals are not in25107
place, not in operation, or are not clearly assigning the25108
right-of-way, the driver of a vehicle, trackless trolley, or25109
streetcar shall yield the right of way, slowing down or stopping25110
if need be to so yield or if required by section 4511.132 of the25111
Revised Code, to a pedestrian crossing the roadway within a25112
crosswalk when the pedestrian is upon the half of the roadway upon25113
which the vehicle is traveling, or when the pedestrian is25114
approaching so closely from the opposite half of the roadway as to25115
be in danger.25116

       (B) No pedestrian shall suddenly leave a curb or other place25117
of safety and walk or run into the path of a vehicle, trackless25118
trolley, or streetcar which is so close as to constitute an25119
immediate hazard.25120

       (C) Division (A) of this section does not apply under the25121
conditions stated in division (B) of section 4511.48 of the25122
Revised Code.25123

       (D) Whenever any vehicle, trackless trolley, or streetcar is25124
stopped at a marked crosswalk or at any unmarked crosswalk at an25125
intersection to permit a pedestrian to cross the roadway, the25126
driver of any other vehicle, trackless trolley, or streetcar25127
approaching from the rear shall not overtake and pass the stopped25128
vehicle.25129

       (E) Except as otherwise provided in this division, whoever25130
violates this section is guilty of a minor misdemeanor. If,25131
within one year of the offense, the offender previously has been25132
convicted of or pleaded guilty to one predicate motor vehicle or25133
traffic offense, whoever violates this section is guilty of a25134
misdemeanor of the fourth degree. If, within one year of the25135
offense, the offender previously has been convicted of two or more25136
predicate motor vehicle or traffic offenses, whoever violates this25137
section is guilty of a misdemeanor of the third degree.25138

       Sec. 4511.47.  (A) As used in this section "blind person" or25139
"blind pedestrian" means a person having not more than 20/20025140
visual acuity in the better eye with correcting lenses or visual25141
acuity greater than 20/200 but with a limitation in the fields of25142
vision such that the widest diameter of the visual field subtends25143
an angle no greater than twenty degrees.25144

       The driver of every vehicle shall yield the right of way to25145
every blind pedestrian guided by a guide dog, or carrying a cane25146
which is predominantly white or metallic in color, with or without25147
a red tip.25148

       (B) No person, other than a blind person, while on any25149
public highway, street, alley, or other public thoroughfare shall25150
carry a white or metallic cane with or without a red tip.25151

       (C) Except as otherwise provided in this division, whoever25152
violates this section is guilty of a minor misdemeanor. If,25153
within one year of the offense, the offender previously has been25154
convicted of or pleaded guilty to one predicate motor vehicle or25155
traffic offense, whoever violates this section is guilty of a25156
misdemeanor of the fourth degree. If, within one year of the25157
offense, the offender previously has been convicted of two or more25158
predicate motor vehicle or traffic offenses, whoever violates this25159
section is guilty of a misdemeanor of the third degree.25160

       Sec. 4511.48.  (A) Every pedestrian crossing a roadway at25161
any point other than within a marked crosswalk or within an25162
unmarked crosswalk at an intersection shall yield the right of way25163
to all vehicles, trackless trolleys, or streetcars upon the25164
roadway.25165

       (B) Any pedestrian crossing a roadway at a point where a25166
pedestrian tunnel or overhead pedestrian crossing has been25167
provided shall yield the right of way to all traffic upon the25168
roadway.25169

       (C) Between adjacent intersections at which traffic control25170
signals are in operation, pedestrians shall not cross at any place25171
except in a marked crosswalk.25172

       (D) No pedestrian shall cross a roadway intersection25173
diagonally unless authorized by official traffic control devices;25174
and, when authorized to cross diagonally, pedestrians shall cross25175
only in accordance with the official traffic control devices25176
pertaining to such crossing movements.25177

       (E) This section does not relieve the operator of a vehicle,25178
streetcar, or trackless trolley from exercising due care to avoid25179
colliding with any pedestrian upon any roadway.25180

       (F) Except as otherwise provided in this division, whoever25181
violates this section is guilty of a minor misdemeanor. If,25182
within one year of the offense, the offender previously has been25183
convicted of or pleaded guilty to one predicate motor vehicle or25184
traffic offense, whoever violates this section is guilty of a25185
misdemeanor of the fourth degree. If, within one year of the25186
offense, the offender previously has been convicted of two or more25187
predicate motor vehicle or traffic offenses, whoever violates this25188
section is guilty of a misdemeanor of the third degree.25189


       Sec. 4511.481. (A) A pedestrian who is under the influence25191
of alcohol or, any drug of abuse, or any combination thereof,of25192
them to a degree whichthat renders himselfthe pedestrian a25193
hazard shall not walk or be upon a highway.25194

       (B) Except as otherwise provided in this division, whoever25195
violates this section is guilty of a minor misdemeanor. If,25196
within one year of the offense, the offender previously has been25197
convicted of or pleaded guilty to one predicate motor vehicle or25198
traffic offense, whoever violates this section is guilty of a25199
misdemeanor of the fourth degree. If, within one year of the25200
offense, the offender previously has been convicted of two or more25201
predicate motor vehicle or traffic offenses, whoever violates this25202
section is guilty of a misdemeanor of the third degree.25203

       Sec. 4511.49. (A) Pedestrians shall move, whenever25204
practicable, upon the right half of crosswalks.25205

       (B) Except as otherwise provided in this division, whoever25206
violates this section is guilty of a minor misdemeanor. If,25207
within one year of the offense, the offender previously has been25208
convicted of or pleaded guilty to one predicate motor vehicle or25209
traffic offense, whoever violates this section is guilty of a25210
misdemeanor of the fourth degree. If, within one year of the25211
offense, the offender previously has been convicted of two or more25212
predicate motor vehicle or traffic offenses, whoever violates this25213
section is guilty of a misdemeanor of the third degree.25214

       Sec. 4511.50.  (A) Where a sidewalk is provided and its use25215
is practicable, it shall be unlawful for any pedestrian to walk25216
along and upon an adjacent roadway.25217

       (B) Where a sidewalk is not available, any pedestrian25218
walking along and upon a highway shall walk only on a shoulder, as25219
far as practicable from the edge of the roadway.25220

       (C) Where neither a sidewalk nor a shoulder is available,25221
any pedestrian walking along and upon a highway shall walk as near25222
as practicable to an outside edge of the roadway, and, if on a25223
two-way roadway, shall walk only on the left side of the roadway.25224

       (D) Except as otherwise provided in sections 4511.13 and25225
4511.46 of the Revised Code, any pedestrian upon a roadway shall25226
yield the right-of-way to all vehicles, trackless trolleys, or25227
streetcars upon the roadway.25228

       (E) Except as otherwise provided in this division, whoever25229
violates this section is guilty of a minor misdemeanor. If,25230
within one year of the offense, the offender previously has been25231
convicted of or pleaded guilty to one predicate motor vehicle or25232
traffic offense, whoever violates this section is guilty of a25233
misdemeanor of the fourth degree. If, within one year of the25234
offense, the offender previously has been convicted of two or more25235
predicate motor vehicle or traffic offenses, whoever violates this25236
section is guilty of a misdemeanor of the third degree.25237

       Sec. 4511.51.  (A) No person while on a roadway outside a25238
safety zone shall solicit a ride from the driver of any vehicle.25239

       (B)(1) Except as provided in division (B)(2) of this25240
section, no person shall stand on a highway for the purpose of25241
soliciting employment, business, or contributions from the25242
occupant of any vehicle.25243

       (2) The legislative authority of a municipal corporation, by25244
ordinance, may authorize the issuance of a permit to a charitable25245
organization to allow a person acting on behalf of the25246
organization to solicit charitable contributions from the occupant25247
of a vehicle by standing on a highway, other than a freeway as25248
provided in division (A)(1) of section 4511.051 of the Revised25249
Code, that is under the jurisdiction of the municipal corporation.25250
The permit shall be valid for only one period of time, which shall25251
be specified in the permit, in any calendar year. The legislative25252
authority also may specify the locations where contributions may25253
be solicited and may impose any other restrictions on or25254
requirements regarding the manner in which the solicitations are25255
to be conducted that the legislative authority considers25256
advisable.25257

       (3) As used in division (B)(2) of this section, "charitable25258
organization" means an organization that has received from the25259
internal revenue service a currently valid ruling or determination25260
letter recognizing the tax-exempt status of the organization25261
pursuant to section 501(c)(3) of the "Internal Revenue Code."25262

       (C) No person shall hang onto or ride on the outside of any25263
motor vehicle, streetcar, or trackless trolley while it is moving25264
upon a roadway, except mechanics or test engineers making repairs25265
or adjustments, or workers performing specialized highway or25266
street maintenance or construction under authority of a public25267
agency.25268

       (D) No operator shall knowingly permit any person to hang25269
onto, or ride on the outside of, any motor vehicle, streetcar, or25270
trackless trolley while it is moving upon a roadway, except25271
mechanics or test engineers making repairs or adjustments, or25272
workers performing specialized highway or street maintenance or25273
construction under authority of a public agency.25274

       (E) No driver of a truck, trailer, or semitrailer shall25275
knowingly permit any person who has not attained the age of25276
sixteen years to ride in the unenclosed or unroofed cargo storage25277
area of histhe driver's vehicle if the vehicle is traveling25278
faster than twenty-five miles per hour, unless either of the25279
following applies:25280

       (1) The cargo storage area of the vehicle is equipped with a25281
properly secured seat to which is attached a seat safety belt that25282
is in compliance with federal standards for an occupant25283
restraining device as defined in division (A)(2) of section25284
4513.263 of the Revised Code, the seat and seat safety belt were25285
installed at the time the vehicle was originally assembled, and25286
the person riding in the cargo storage area is in the seat and is25287
wearing the seat safety belt;25288

       (2) An emergency exists that threatens the life of the25289
driver or the person being transported in the cargo storage area25290
of the truck, trailer, or semitrailer.25291

       (F) No driver of a truck, trailer, or semitrailer shall25292
permit any person, except for those workers performing specialized25293
highway or street maintenance or construction under authority of a25294
public agency, to ride in the cargo storage area or on a tailgate25295
of histhe driver's vehicle while the tailgate is unlatched.25296

       (G)(1) Except as otherwise provided in this division,25297
whoever violates any provision of divisions (A) to (D) of this25298
section is guilty of a minor misdemeanor. If, within one year of25299
the offense, the offender previously has been convicted of or25300
pleaded guilty to one predicate motor vehicle or traffic offense,25301
whoever violates any provision of divisions (A) to (D) of this25302
section is guilty of a misdemeanor of the fourth degree. If,25303
within one year of the offense, the offender previously has been25304
convicted of two or more predicate motor vehicle or traffic25305
offenses, whoever violates any provision of divisions (A) to (D)25306
of this section is guilty of a misdemeanor of the third degree.25307

       (2) Whoever violates division (E) or (F) of this section is25308
guilty of a minor misdemeanor.25309

       Sec. 4511.511.  (A) No pedestrian shall enter or remain upon25310
any bridge or approach thereto beyond the bridge signal, gate, or25311
barrier after a bridge operation signal indication has been given.25312

       (B) No pedestrian shall pass through, around, over, or under25313
any crossing gate or barrier at a railroad grade crossing or25314
bridge while the gate or barrier is closed or is being opened or25315
closed.25316

       (C) Except as otherwise provided in this division, whoever25317
violates this section is guilty of a minor misdemeanor. If,25318
within one year of the offense, the offender previously has been25319
convicted of or pleaded guilty to one predicate motor vehicle or25320
traffic offense, whoever violates this section is guilty of a25321
misdemeanor of the fourth degree. If, within one year of the25322
offense, the offender previously has been convicted of two or more25323
predicate motor vehicle or traffic offenses, whoever violates this25324
section is guilty of a misdemeanor of the third degree.25325

       Sec. 4511.521.  (A) No person shall operate a motorized25326
bicycle upon a highway or any public or private property used by25327
the public for purposes of vehicular travel or parking, unless all25328
of the following conditions are met:25329

       (1) The person is fourteen or fifteen years of age and holds25330
a valid probationary motorized bicycle license issued after the25331
person has passed the test provided for in this section, or the25332
person is sixteen years of age or older and holds either a valid25333
commercial driver's license issued under Chapter 4506. or a25334
driver's license issued under Chapter 4507. of the Revised Code or25335
a valid motorized bicycle license issued after the person has25336
passed the test provided for in this section, except that if a25337
person is sixteen years of age, has a valid probationary motorized25338
bicycle license and desires a motorized bicycle license, hethe25339
person is not required to comply with the testing requirements25340
provided for in this section;25341

       (2) The motorized bicycle is equipped in accordance with the25342
rules adopted under division (B) of this section and is in proper25343
working order;25344

       (3) The person, if he is under eighteen years of age, is25345
wearing a protective helmet on histhe person's head with the chin25346
strap properly fastened and the motorized bicycle is equipped with25347
a rear-view mirror.25348

       (4) The person operates the motorized bicycle when25349
practicable within three feet of the right edge of the roadway25350
obeying all traffic rules applicable to vehicles.25351

       (B) The director of public safety, subject to sections25352
119.01 to 119.13 of the Revised Code, shall adopt and promulgate25353
rules concerning protective helmets, the equipment of motorized25354
bicycles, and the testing and qualifications of persons who do not25355
hold a valid driver's or commercial driver's license. The test25356
shall be as near as practicable to the examination required for a25357
motorcycle operator's endorsement under section 4507.11 of the25358
Revised Code. The test shall also require the operator to give an25359
actual demonstration of histhe operator's ability to operate and25360
control a motorized bicycle by driving one under the supervision25361
of an examining officer.25362

       (C) Every motorized bicycle license expires on the birthday25363
of the applicant in the fourth year after the date it is issued,25364
but in no event shall any motorized bicycle license be issued for25365
a period longer than four years.25366

       (D) No person operating a motorized bicycle shall carry25367
another person upon the motorized bicycle.25368

       (E) The protective helmet and rear-view mirror required by25369
division (A)(3) of this section shall, on and after January 1,25370
1985, conform with rules adopted by the director under division25371
(B) of this section.25372

       (F) Each probationary motorized bicycle license or motorized25373
bicycle license shall be laminated with a transparent plastic25374
material.25375

       (G)Whoever violates division (A), (D), or (E) of this25376
section is guilty of a minor misdemeanor.25377

       Sec. 4511.53. (A) For purposes of this section,25378
"snowmobile" has the same meaning as given that term in section25379
4519.01 of the Revised Code.25380

       (B) A person operating a bicycle or motorcycle shall not25381
ride other than upon the permanent and regular seat attached25382
thereto, nor carry any other person upon such bicycle or25383
motorcycle other than upon a firmly attached and regular seat25384
thereon, nor shall any person ride upon a bicycle or motorcycle25385
other than upon such a firmly attached and regular seat.25386

       A person shall ride upon a motorcycle only while sitting25387
astride the seat, facing forward, with one leg on each side of the25388
motorcycle.25389

       No person operating a bicycle shall carry any package,25390
bundle, or article that prevents the driver from keeping at least25391
one hand upon the handle bars.25392

       No bicycle or motorcycle shall be used to carry more persons25393
at one time than the number for which it is designed and equipped,25394
nor shall any motorcycle be operated on a highway when the handle25395
bars or grips are more than fifteen inches higher than the seat or25396
saddle for the operator.25397

       No person shall operate or be a passenger on a snowmobile or25398
motorcycle without using safety glasses or other protective eye25399
device. No person who is under the age of eighteen years, or who25400
holds a motorcycle operator's endorsement or license bearing a25401
"novice" designation that is currently in effect as provided in25402
section 4507.13 of the Revised Code, shall operate a motorcycle on25403
a highway, or be a passenger on a motorcycle, unless wearing a25404
protective helmet on histhe person's head, and no other person25405
shall be a passenger on a motorcycle operated by such a person25406
unless similarly wearing a protective helmet. The helmet, safety25407
glasses, or other protective eye device shall conform with25408
regulations prescribed and promulgated by the director of public25409
safety. The provisions of this paragraph or a violation thereof25410
shall not be used in the trial of any civil action.25411

       (C) Except as otherwise provided in this division, whoever25412
violates this section is guilty of a minor misdemeanor. If,25413
within one year of the offense, the offender previously has been25414
convicted of or pleaded guilty to one predicate motor vehicle or25415
traffic offense, whoever violates this section is guilty of a25416
misdemeanor of the fourth degree. If, within one year of the25417
offense, the offender previously has been convicted of two or more25418
predicate motor vehicle or traffic offenses, whoever violates this25419
section is guilty of a misdemeanor of the third degree.25420

       Sec. 4511.54. (A) No person riding upon any bicycle,25421
coaster, roller skates, sled, or toy vehicle shall attach the same25422
or himselfself to any streetcar, trackless trolley, or vehicle25423
upon a roadway.25424

       No operator shall knowingly permit any person riding upon any25425
bicycle, coaster, roller skates, sled, or toy vehicle to attach25426
the same or himselfself to any streetcar, trackless trolley, or25427
vehicle while it is moving upon a roadway.25428

       This section does not apply to the towing of a disabled25429
vehicle.25430

       (B) Except as otherwise provided in this division, whoever25431
violates this section is guilty of a minor misdemeanor. If,25432
within one year of the offense, the offender previously has been25433
convicted of or pleaded guilty to one predicate motor vehicle or25434
traffic offense, whoever violates this section is guilty of a25435
misdemeanor of the fourth degree. If, within one year of the25436
offense, the offender previously has been convicted of two or more25437
predicate motor vehicle or traffic offenses, whoever violates this25438
section is guilty of a misdemeanor of the third degree.25439

       Sec. 4511.55.  (A) Every person operating a bicycle upon a25440
roadway shall ride as near to the right side of the roadway as25441
practicable obeying all traffic rules applicable to vehicles and25442
exercising due care when passing a standing vehicle or one25443
proceeding in the same direction.25444

       (B) Persons riding bicycles or motorcycles upon a roadway25445
shall ride not more than two abreast in a single lane, except on25446
paths or parts of roadways set aside for the exclusive use of25447
bicycles or motorcycles.25448

       (C) Except as otherwise provided in this division, whoever25449
violates this section is guilty of a minor misdemeanor. If,25450
within one year of the offense, the offender previously has been25451
convicted of or pleaded guilty to one predicate motor vehicle or25452
traffic offense, whoever violates this section is guilty of a25453
misdemeanor of the fourth degree. If, within one year of the25454
offense, the offender previously has been convicted of two or more25455
predicate motor vehicle or traffic offenses, whoever violates this25456
section is guilty of a misdemeanor of the third degree.25457

       Sec. 4511.56.  (A) Every bicycle when in use at the times25458
specified in section 4513.03 of the Revised Code, shall be25459
equipped with the following:25460

       (1) A lamp on the front that shall emit a white light25461
visible from a distance of at least five hundred feet to the25462
front;25463

       (2) A red reflector on the rear of a type approved by the25464
director of public safety that shall be visible from all distances25465
from one hundred feet to six hundred feet to the rear when25466
directly in front of lawful lower beams of head lamps on a motor25467
vehicle;25468

       (3) A lamp emitting a red light visible from a distance of25469
five hundred feet to the rear shall be used in addition to the red25470
reflector;25471

       (4) An essentially colorless reflector on the front of a25472
type approved by the director;25473

       (5) Either with tires with retroreflective sidewalls or with25474
an essentially colorless or amber reflector mounted on the spokes25475
of the front wheel and an essentially colorless or red reflector25476
mounted on the spokes of the rear wheel. Each reflector shall be25477
visible on each side of the wheel from a distance of six hundred25478
feet when directly in front of lawful lower beams of head lamps on25479
a motor vehicle. Retroreflective tires or reflectors shall be of25480
a type approved by the director.25481

       (B) No person shall operate a bicycle unless it is equipped25482
with a bell or other device capable of giving a signal audible for25483
a distance of at least one hundred feet, except that a bicycle25484
shall not be equipped with nor shall any person use upon a bicycle25485
any siren or whistle.25486

       (C) Every bicycle shall be equipped with an adequate brake25487
when used on a street or highway.25488

       (D) Except as otherwise provided in this division, whoever25489
violates this section is guilty of a minor misdemeanor. If,25490
within one year of the offense, the offender previously has been25491
convicted of or pleaded guilty to one predicate motor vehicle or25492
traffic offense, whoever violates this section is guilty of a25493
misdemeanor of the fourth degree. If, within one year of the25494
offense, the offender previously has been convicted of two or more25495
predicate motor vehicle or traffic offenses, whoever violates this25496
section is guilty of a misdemeanor of the third degree.25497

       Sec. 4511.57. (A) The driver of a vehicle shall not25498
overtake and pass upon the left nor drive upon the left side of25499
any streetcar proceeding in the same direction, whether such25500
streetcar is in motion or at rest, except:25501

       (A)(1) When so directed by a police officer or traffic25502
control device;25503

       (B)(2) When upon a one-way street;25504

       (C)(3) When upon a street where the tracks are so located as25505
to prevent compliance with this section;25506

       (D)(4) When authorized by local authorities.25507

       (B) The driver of any vehicle when permitted to overtake and25508
pass upon the left of a streetcar which has stopped for the25509
purpose of receiving or discharging any passenger shall accord25510
pedestrians the right of way.25511

       (C) Except as otherwise provided in this division, whoever25512
violates this section is guilty of a minor misdemeanor. If,25513
within one year of the offense, the offender previously has been25514
convicted of or pleaded guilty to one predicate motor vehicle or25515
traffic offense, whoever violates this section is guilty of a25516
misdemeanor of the fourth degree. If, within one year of the25517
offense, the offender previously has been convicted of two or more25518
predicate motor vehicle or traffic offenses, whoever violates this25519
section is guilty of a misdemeanor of the third degree.25520

       Sec. 4511.58. (A) The driver of a vehicle overtaking upon25521
the right any streetcar stopped for the purpose of receiving or25522
discharging any passenger shall stop such vehicle at least five25523
feet to the rear of the nearest running board or door of such25524
streetcar and remain standing until all passengers have boarded25525
such streetcar, or upon alighting therefrom have reached a place25526
of safety, except that where a safety zone has been established, a25527
vehicle need not be brought to a stop before passing any such25528
streetcar or any trackless trolley, but may proceed past such25529
streetcar or trackless trolley at a speed not greater than is25530
reasonable and proper considering the safety of pedestrians.25531

       (B) Except as otherwise provided in this division, whoever25532
violates this section is guilty of a minor misdemeanor. If,25533
within one year of the offense, the offender previously has been25534
convicted of or pleaded guilty to one predicate motor vehicle or25535
traffic offense, whoever violates this section is guilty of a25536
misdemeanor of the fourth degree. If, within one year of the25537
offense, the offender previously has been convicted of two or more25538
predicate motor vehicle or traffic offenses, whoever violates this25539
section is guilty of a misdemeanor of the third degree.25540


       Sec. 4511.59. (A) The driver of any vehicle proceeding upon25542
any streetcar tracks in front of a streetcar shall remove such25543
vehicle from the track as soon as practicable after signal from25544
the operator of said streetcar.25545

       The driver of a vehicle upon overtaking and passing a25546
streetcar shall not turn in front of such streetcar unless such25547
movement can be made in safety.25548

       (B) Except as otherwise provided in this division, whoever25549
violates this section is guilty of a minor misdemeanor. If,25550
within one year of the offense, the offender previously has been25551
convicted of or pleaded guilty to one predicate motor vehicle or25552
traffic offense, whoever violates this section is guilty of a25553
misdemeanor of the fourth degree. If, within one year of the25554
offense, the offender previously has been convicted of two or more25555
predicate motor vehicle or traffic offenses, whoever violates this25556
section is guilty of a misdemeanor of the third degree.25557

       Sec. 4511.60. (A) No vehicle shall at any time be driven25558
through or within a safety zone.25559

       (B) Except as otherwise provided in this division, whoever25560
violates this section is guilty of a minor misdemeanor. If,25561
within one year of the offense, the offender previously has been25562
convicted of or pleaded guilty to one predicate motor vehicle or25563
traffic offense, whoever violates this section is guilty of a25564
misdemeanor of the fourth degree. If, within one year of the25565
offense, the offender previously has been convicted of two or more25566
predicate motor vehicle or traffic offenses, whoever violates this25567
section is guilty of a misdemeanor of the third degree.25568

       Sec. 4511.61. (A) The department of transportation and25569
local authorities in their respective jurisdictions, with the25570
approval of the department, may designate dangerous highway25571
crossings over railroad tracks whether on state, county, or25572
township highways or on streets or ways within municipal25573
corporations, and erect stop signs thereat. When such stop signs25574
are erected, the operator of any vehicle, streetcar, or trackless25575
trolley shall stop within fifty, but not less than fifteen, feet25576
from the nearest rail of the railroad tracks and shall exercise25577
due care before proceeding across such grade crossing.25578

       (B)Except as otherwise provided in this division, whoever25579
violates this section is guilty of a minor misdemeanor. If,25580
within one year of the offense, the offender previously has been25581
convicted of or pleaded guilty to one predicate motor vehicle or25582
traffic offense, whoever violates this section is guilty of a25583
misdemeanor of the fourth degree. If, within one year of the25584
offense, the offender previously has been convicted of two or more25585
predicate motor vehicle or traffic offenses, whoever violates this25586
section is guilty of a misdemeanor of the third degree.25587

       Sec. 4511.62.  (A)(1) Whenever any person driving a vehicle25588
or trackless trolley approaches a railroad grade crossing, the25589
person shall stop within fifty feet, but not less than fifteen25590
feet from the nearest rail of the railroad if any of the following25591
circumstances exist at the crossing:25592

       (a) A clearly visible electric or mechanical signal device25593
gives warning of the immediate approach of a train.25594

       (b) A crossing gate is lowered.25595

       (c) A flagperson gives or continues to give a signal of the25596
approach or passage of a train.25597

       (d) There is insufficient space on the other side of the25598
railroad grade crossing to accommodate the vehicle or trackless25599
trolley the person is operating without obstructing the passage of25600
other vehicles, trackless trolleys, pedestrians, or railroad25601
trains, notwithstanding any traffic control signal indication to25602
proceed.25603

       (e) An approaching train is emitting an audible signal or is25604
plainly visible and is in hazardous proximity to the crossing.25605

       (2) A person who is driving a vehicle or trackless trolley25606
and who approaches a railroad grade crossing shall not proceed as25607
long as any of the circumstances described in divisions (A)(1)(a)25608
to (e) of this section exist at the crossing.25609

       (B) No person shall drive any vehicle through, around, or25610
under any crossing gate or barrier at a railroad crossing while25611
the gate or barrier is closed or is being opened or closed unless25612
the person is signaled by a law enforcement officer or flagperson25613
that it is permissible to do so.25614

       (C)Whoever violates this section is guilty of a misdemeanor25615
of the fourth degree.25616

       Sec. 4511.63.  (A) The operator of any motor vehicle or25617
trackless trolley, carrying passengers, for hire, of any school25618
bus, or of any vehicle carrying explosives or flammable liquids as25619
a cargo or as such part of a cargo as to constitute a hazard,25620
before crossing at grade any track of a railroad, shall stop the25621
vehicle or trackless trolley and, while so stopped, shall listen25622
through an open door or open window and look in both directions25623
along the track for any approaching train, and for signals25624
indicating the approach of a train, and shall proceed only upon25625
exercising due care after stopping, looking, and listening as25626
required by this section. Upon proceeding, the operator of such a25627
vehicle shall cross only in a gear that will ensure there will be25628
no necessity for changing gears while traversing the crossing and25629
shall not shift gears while crossing the tracks.25630

       (B) This section does not apply at any of the following:25631

       (1) Street railway grade crossings within a municipal25632
corporation, or to abandoned tracks, spur tracks, side tracks, and25633
industrial tracks when the public utilities commission has25634
authorized and approved the crossing of the tracks without making25635
the stop required by this section;25636

       (2) Through June 30, 1995, a street railway grade crossing25637
where out-of-service signs are posted in accordance with section25638
4955.37 of the Revised Code.25639

       (C)Except as otherwise provided in this division, whoever25640
violates this section is guilty of a minor misdemeanor. If the25641
offender previously has been convicted of or pleaded guilty to one25642
or more violations of this section or section 4511.76, 4511.761,25643
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a25644
municipal ordinance that is substantially similar to any of those25645
sections, whoever violates this section is guilty of a misdemeanor25646
of the fourth degree.25647

       Sec. 4511.64. (A) No person shall operate or move any25648
crawler-type tractor, steam shovel, derrick, roller, or any25649
equipment or structure having a normal operating speed of six or25650
less miles per hour or a vertical body or load clearance of less25651
than nine inches above the level surface of a roadway, upon or25652
across any tracks at a railroad grade crossing without first25653
complying with divisions (A)(1) and (B)(2) of this section.25654

       (A)(1) Before making any such crossing, the person operating25655
or moving any such vehicle or equipment shall first stop the same,25656
and while stopped hethe person shall listen and look in both25657
directions along such track for any approaching train and for25658
signals indicating the approach of a train, and shall proceed only25659
upon exercising due care.25660

       (B)(2) No such crossing shall be made when warning is given25661
by automatic signal or crossing gates or a flagmanflagperson or25662
otherwise of the immediate approach of a railroad train or car.25663

       (B) If the normal sustained speed of such vehicle,25664
equipment, or structure is not more than three miles per hour, the25665
person owning, operating, or moving the same shall also give25666
notice of such intended crossing to a station agent or25667
superintendent of the railroad, and a reasonable time shall be25668
given to such railroad to provide proper protection for such25669
crossing. Where such vehicles or equipment are being used in25670
constructing or repairing a section of highway lying on both sides25671
of a railroad grade crossing, and in such construction or repair25672
it is necessary to repeatedly move such vehicles or equipment over25673
such crossing, one daily notice specifying when such work will25674
start and stating the hours during which it will be prosecuted is25675
sufficient.25676

       (C) Except as otherwise provided in this division, whoever25677
violates this section is guilty of a minor misdemeanor. If,25678
within one year of the offense, the offender previously has been25679
convicted of or pleaded guilty to one predicate motor vehicle or25680
traffic offense, whoever violates this section is guilty of a25681
misdemeanor of the fourth degree. If, within one year of the25682
offense, the offender previously has been convicted of two or more25683
predicate motor vehicle or traffic offenses, whoever violates this25684
section is guilty of a misdemeanor of the third degree.25685

       Sec. 4511.66. (A) Upon any highway outside a business or25686
residence district, no person shall stop, park, or leave standing25687
any vehicle, whether attended or unattended, upon the paved or25688
main traveled part of the highway if it is practicable to stop,25689
park, or so leave such vehicle off the paved or main traveled part25690
of said highway. In every event a clear and unobstructed portion25691
of the highway opposite such standing vehicle shall be left for25692
the free passage of other vehicles, and a clear view of such25693
stopped vehicle shall be available from a distance of two hundred25694
feet in each direction upon such highway.25695

       This section does not apply to the driver of any vehicle25696
which is disabled while on the paved or improved or main traveled25697
portion of a highway in such manner and to such extent that it is25698
impossible to avoid stopping and temporarily leaving the disabled25699
vehicle in such position.25700

       (B) Except as otherwise provided in this division, whoever25701
violates this section is guilty of a minor misdemeanor. If,25702
within one year of the offense, the offender previously has been25703
convicted of or pleaded guilty to one predicate motor vehicle or25704
traffic offense, whoever violates this section is guilty of a25705
misdemeanor of the fourth degree. If, within one year of the25706
offense, the offender previously has been convicted of two or more25707
predicate motor vehicle or traffic offenses, whoever violates this25708
section is guilty of a misdemeanor of the third degree.25709

       Sec. 4511.661. (A) No person driving or in charge of a25710
motor vehicle shall permit it to stand unattended without first25711
stopping the engine, locking the ignition, removing the key from25712
the ignition, effectively setting the parking brake, and, when the25713
motor vehicle is standing upon any grade, turning the front wheels25714
to the curb or side of the highway.25715

       The requirements of this section relating to the stopping of25716
the engine, locking of the ignition, and removing the key from the25717
ignition of a motor vehicle shall not apply to an emergency25718
vehicle or a public safety vehicle.25719

       (B) Except as otherwise provided in this division, whoever25720
violates this section is guilty of a minor misdemeanor. If,25721
within one year of the offense, the offender previously has been25722
convicted of or pleaded guilty to one predicate motor vehicle or25723
traffic offense, whoever violates this section is guilty of a25724
misdemeanor of the fourth degree. If, within one year of the25725
offense, the offender previously has been convicted of two or more25726
predicate motor vehicle or traffic offenses, whoever violates this25727
section is guilty of a misdemeanor of the third degree.25728

       Sec. 4511.68. (A) No person shall stand or park a trackless25729
trolley or vehicle, except when necessary to avoid conflict with25730
other traffic or to comply with sections 4511.01 to 4511.78,25731
inclusive, 4511.99, and 4513.01 to 4513.37, inclusive, of the25732
Revised Code, or while obeying the directions of a police officer25733
or a traffic control device, in any of the following places:25734

       (A)(1) On a sidewalk, except a bicycle;25735

       (B)(2) In front of a public or private driveway;25736

       (C)(3) Within an intersection;25737

       (D)(4) Within ten feet of a fire hydrant;25738

       (E)(5) On a crosswalk;25739

       (F)(6) Within twenty feet of a crosswalk at an intersection;25740

       (G)(7) Within thirty feet of, and upon the approach to, any25741
flashing beacon, stop sign, or traffic control device;25742

       (H)(8) Between a safety zone and the adjacent curb or within25743
thirty feet of points on the curb immediately opposite the ends of25744
a safety zone, unless a different length is indicated by a traffic25745
control device;25746

       (I)(9) Within fifty feet of the nearest rail of a railroad25747
crossing;25748

       (J)(10) Within twenty feet of a driveway entrance to any25749
fire station and, on the side of the street opposite the entrance25750
to any fire station, within seventy-five feet of the entrance when25751
it is properly posted with signs;25752

       (K)(11) Alongside or opposite any street excavation or25753
obstruction when such standing or parking would obstruct traffic;25754

       (L)(12) Alongside any vehicle stopped or parked at the edge25755
or curb of a street;25756

       (M)(13) Upon any bridge or elevated structure upon a25757
highway, or within a highway tunnel;25758

       (N)(14) At any place where signs prohibit stopping;25759

       (O)(15) Within one foot of another parked vehicle;25760

       (P)(16) On the roadway portion of a freeway, expressway, or25761
thruway.25762

       (B) Except as otherwise provided in this division, whoever25763
violates this section is guilty of a minor misdemeanor. If,25764
within one year of the offense, the offender previously has been25765
convicted of or pleaded guilty to one predicate motor vehicle or25766
traffic offense, whoever violates this section is guilty of a25767
misdemeanor of the fourth degree. If, within one year of the25768
offense, the offender previously has been convicted of two or more25769
predicate motor vehicle or traffic offenses, whoever violates this25770
section is guilty of a misdemeanor of the third degree.25771

       Sec. 4511.681. (A) If an owner of private property posts on25772
the property, in a conspicuous manner, a prohibition against25773
parking on the property or conditions and regulations under which25774
parking is permitted, no person shall do either of the following:25775

       (A)(1) Park a vehicle on the property without the owner's25776
consent;25777

       (B)(2) Park a vehicle on the property in violation of any25778
condition or regulation posted by the owner.25779

       (B)Whoever violates this section is guilty of a minor25780
misdemeanor.25781

       Sec. 4511.69.  (A) Every vehicle stopped or parked upon a25782
roadway where there is an adjacent curb shall be stopped or parked25783
with the right-hand wheels of the vehicle parallel with and not25784
more than twelve inches from the right-hand curb, unless it is25785
impossible to approach so close to the curb; in such case the stop25786
shall be made as close to the curb as possible and only for the25787
time necessary to discharge and receive passengers or to load or25788
unload merchandise. Local authorities by ordinance may permit25789
angle parking on any roadway under their jurisdiction, except that25790
angle parking shall not be permitted on a state route within a25791
municipal corporation unless an unoccupied roadway width of not25792
less than twenty-five feet is available for free-moving traffic.25793

       (B) Local authorities by ordinance may permit parking of25794
vehicles with the left-hand wheels adjacent to and within twelve25795
inches of the left-hand curb of a one-way roadway.25796

       (C) No vehicle or trackless trolley shall be stopped or25797
parked on a road or highway with the vehicle or trackless trolley25798
facing in a direction other than the direction of travel on that25799
side of the road or highway.25800

       (D) Notwithstanding any statute or any rule, resolution, or25801
ordinance adopted by any local authority, air compressors,25802
tractors, trucks, and other equipment, while being used in the25803
construction, reconstruction, installation, repair, or removal of25804
facilities near, on, over, or under a street or highway, may stop,25805
stand, or park where necessary in order to perform such work,25806
provided a flagperson is on duty or warning signs or lights are25807
displayed as may be prescribed by the director of transportation.25808

       (E) Special parking locations and privileges for persons25809
with disabilities that limit or impair the ability to walk, also25810
known as handicapped parking spaces or disability parking spaces,25811
shall be provided and designated by all political subdivisions and25812
by the state and all agencies and instrumentalities thereof at all25813
offices and facilities, where parking is provided, whether owned,25814
rented, or leased, and at all publicly owned parking garages. The25815
locations shall be designated through the posting of an elevated25816
sign, whether permanently affixed or movable, imprinted with the25817
international symbol of access and shall be reasonably close to25818
exits, entrances, elevators, and ramps. All elevated signs posted25819
in accordance with this division and division (C) of section25820
3781.111 of the Revised Code shall be mounted on a fixed or25821
movable post, and the distance from the ground to the top edge of25822
the sign shall measure five feet. If a new sign or a replacement25823
sign designating a special parking location is posted on or after25824
the effective date of this amendmentOctober14, 1999, there also25825
shall be affixed upon the surface of that sign or affixed next to25826
the designating sign a notice that states the fine applicable for25827
the offense of parking a motor vehicle in the special designated25828
parking location if the motor vehicle is not legally entitled to25829
be parked in that location.25830

       (F)(1) No person shall stop, stand, or park any motor25831
vehicle at special parking locations provided under division (E)25832
of this section or at special clearly marked parking locations25833
provided in or on privately owned parking lots, parking garages,25834
or other parking areas and designated in accordance with that25835
division, unless one of the following applies:25836

       (a) The motor vehicle is being operated by or for the25837
transport of a person with a disability that limits or impairs the25838
ability to walk and is displaying a valid removable windshield25839
placard or special license plates;25840

       (b) The motor vehicle is being operated by or for the25841
transport of a handicapped person and is displaying a parking card25842
or special handicapped license plates.25843

       (2) Any motor vehicle that is parked in a special marked25844
parking location in violation of division (F)(1)(a) or (b) of this25845
section may be towed or otherwise removed from the parking25846
location by the law enforcement agency of the political25847
subdivision in which the parking location is located. A motor25848
vehicle that is so towed or removed shall not be released to its25849
owner until the owner presents proof of ownership of the motor25850
vehicle and pays all towing and storage fees normally imposed by25851
that political subdivision for towing and storing motor vehicles.25852
If the motor vehicle is a leased vehicle, it shall not be released25853
to the lessee until the lessee presents proof that that person is25854
the lessee of the motor vehicle and pays all towing and storage25855
fees normally imposed by that political subdivision for towing and25856
storing motor vehicles.25857

       (3) If a person is charged with a violation of division25858
(F)(1)(a) or (b) of this section, it is an affirmative defense to25859
the charge that the person suffered an injury not more than25860
seventy-two hours prior to the time the person was issued the25861
ticket or citation and that, because of the injury, the person25862
meets at least one of the criteria contained in division (A)(1) of25863
section 4503.44 of the Revised Code.25864

       (G) When a motor vehicle is being operated by or for the25865
transport of a person with a disability that limits or impairs the25866
ability to walk and is displaying a removable windshield placard25867
or a temporary removable windshield placard or special license25868
plates, or when a motor vehicle is being operated by or for the25869
transport of a handicapped person and is displaying a parking card25870
or special handicapped license plates, the motor vehicle is25871
permitted to park for a period of two hours in excess of the legal25872
parking period permitted by local authorities, except where local25873
ordinances or police rules provide otherwise or where the vehicle25874
is parked in such a manner as to be clearly a traffic hazard.25875

       (H) No owner of an office, facility, or parking garage where25876
special parking locations are required to be designated in25877
accordance with division (E) of this section shall fail to25878
properly mark the special parking locations in accordance with25879
that division or fail to maintain the markings of the special25880
locations, including the erection and maintenance of the fixed or25881
movable signs.25882

       (I) Nothing in this section shall be construed to require a25883
person or organization to apply for a removable windshield placard25884
or special license plates if the parking card or special license25885
plates issued to the person or organization under prior law have25886
not expired or been surrendered or revoked.25887

       (J)(1) Whoever violates division (A) or (C) of this section25888
is guilty of a minor misdemeanor.25889

       (2)(a) Whoever violates division (F)(1)(a) or (b) of this25890
section is guilty of a misdemeanor and shall be punished as25891
provided in division (J)(2)(a) and (b) of this section. Except as25892
otherwise provided in division (J)(2)(a) of this section, an25893
offender who violates division (F)(1)(a) or (b) of this section25894
shall be fined not less than two hundred fifty nor more than five25895
hundred dollars. An offender who violates division (F)(1)(a) or25896
(b) of this section shall be fined not more than one hundred25897
dollars if the offender, prior to sentencing, proves either of the25898
following to the satisfaction of the court:25899

       (i) At the time of the violation of division (F)(1)(a) of25900
this section, the offender or the person for whose transport the25901
motor vehicle was being operated had been issued a removable25902
windshield placard that then was valid or special license plates25903
that then were valid but the offender or the person neglected to25904
display the placard or license plates as described in division25905
(F)(1)(a) of this section.25906

       (ii) At the time of the violation of division (F)(1)(b) of25907
this section, the offender or the person for whose transport the25908
motor vehicle was being operated had been issued a parking card25909
that then was valid or special handicapped license plates that25910
then were valid but the offender or the person neglected to25911
display the card or license plates as described in division25912
(F)(1)(b) of this section.25913

       (b) In no case shall an offender who violates division25914
(F)(1)(a) or (b) of this section be sentenced to any term of25915
imprisonment.25916

       An arrest or conviction for a violation of division (F)(1)(a)25917
or (b) of this section does not constitute a criminal record and25918
need not be reported by the person so arrested or convicted in25919
response to any inquiries contained in any application for25920
employment, license, or other right or privilege, or made in25921
connection with the person's appearance as a witness.25922

       The clerk of the court shall pay every fine collected under25923
division (J)(2) of this section to the political subdivision in25924
which the violation occurred. Except as provided in division25925
(J)(2) of this section, the political subdivision shall use the25926
fine moneys it receives under division (J)(2) of this section to25927
pay the expenses it incurs in complying with the signage and25928
notice requirements contained in division (E) of this section. The25929
political subdivision may use up to fifty per cent of each fine it25930
receives under division (J)(2) of this section to pay the costs of25931
educational, advocacy, support, and assistive technology programs25932
for persons with disabilities, and for public improvements within25933
the political subdivision that benefit or assist persons with25934
disabilities, if governmental agencies or nonprofit organizations25935
offer the programs.25936

       (3) Whoever violates division (H) of this section shall be25937
punished as follows:25938

       (a) Except as otherwise provided in division (J)(3) of this25939
section, the offender shall be issued a warning.25940

       (b) If the offender previously has been convicted of or25941
pleaded guilty to a violation of division (H) of this section or25942
of a municipal ordinance that is substantially similar to that25943
division, the offender shall not be issued a warning but shall be25944
fined twenty-five dollars for each parking location that is not25945
properly marked or whose markings are not properly maintained.25946

       (K) As used in this section:25947

       (1) "Handicapped person" means any person who has lost the25948
use of one or both legs or one or both arms, who is blind, deaf,25949
or so severely handicapped as to be unable to move without the aid25950
of crutches or a wheelchair, or whose mobility is restricted by a25951
permanent cardiovascular, pulmonary, or other handicapping25952
condition.25953

       (2) "Person with a disability that limits or impairs the25954
ability to walk" has the same meaning as in section 4503.44 of the25955
Revised Code.25956

       (3) "Special license plates" and "removable windshield25957
placard" mean any license plates or removable windshield placard25958
or temporary removable windshield placard issued under section25959
4503.41 or 4503.44 of the Revised Code, and also mean any25960
substantially similar license plates or removable windshield25961
placard or temporary removable windshield placard issued by a25962
state, district, country, or sovereignty.25963

       Sec. 4511.70.  (A) No person shall drive a vehicle or25964
trackless trolley when it is so loaded, or when there are in the25965
front seat such number of persons, as to obstruct the view of the25966
driver to the front or sides of the vehicle or to interfere with25967
the driver's control over the driving mechanism of the vehicle.25968

       (B) No passenger in a vehicle or trackless trolley shall25969
ride in such position as to interfere with the driver's view ahead25970
or to the sides, or to interfere with histhe driver's control25971
over the driving mechanism of the vehicle.25972

       (C) No person shall open the door of a vehicle on the side25973
available to moving traffic unless and until it is reasonably safe25974
to do so, and can be done without interfering with the movement of25975
other traffic, nor shall any person leave a door open on the side25976
of a vehicle available to moving traffic for a period of time25977
longer than necessary to load or unload passengers.25978

       (D) Except as otherwise provided in this division, whoever25979
violates this section is guilty of a minor misdemeanor. If,25980
within one year of the offense, the offender previously has been25981
convicted of or pleaded guilty to one predicate motor vehicle or25982
traffic offense, whoever violates this section is guilty of a25983
misdemeanor of the fourth degree. If, within one year of the25984
offense, the offender previously has been convicted of two or more25985
predicate motor vehicle or traffic offenses, whoever violates this25986
section is guilty of a misdemeanor of the third degree.25987

       Sec. 4511.701. (A) No person shall occupy any travel25988
trailer or manufactured or mobile home while it is being used as a25989
conveyance upon a street or highway.25990

       (B) Except as otherwise provided in this division, whoever25991
violates this section is guilty of a minor misdemeanor. If,25992
within one year of the offense, the offender previously has been25993
convicted of or pleaded guilty to one predicate motor vehicle or25994
traffic offense, whoever violates this section is guilty of a25995
misdemeanor of the fourth degree. If, within one year of the25996
offense, the offender previously has been convicted of two or more25997
predicate motor vehicle or traffic offenses, whoever violates this25998
section is guilty of a misdemeanor of the third degree.25999

       Sec. 4511.71. (A) No person shall drive upon, along, or26000
across a street or highway, or any part thereof, whichof a street26001
or highway that has been closed in the process of its26002
construction, reconstruction, or repair, and posted with26003
appropriate signs by the authority having jurisdiction to close26004
such highway.26005

       (B) Except as otherwise provided in this division, whoever26006
violates this section is guilty of a minor misdemeanor. If,26007
within one year of the offense, the offender previously has been26008
convicted of or pleaded guilty to one predicate motor vehicle or26009
traffic offense, whoever violates this section is guilty of a26010
misdemeanor of the fourth degree. If, within one year of the26011
offense, the offender previously has been convicted of two or more26012
predicate motor vehicle or traffic offenses, whoever violates this26013
section is guilty of a misdemeanor of the third degree.26014

       Sec. 4511.711. (A) No person shall drive any vehicle, other26015
than a bicycle, upon a sidewalk or sidewalk area except upon a26016
permanent or duly authorized temporary driveway.26017

       Nothing in this section shall be construed as prohibiting26018
local authorities from regulating the operation of bicycles within26019
their respective jurisdictions.26020

       (B) Except as otherwise provided in this division, whoever26021
violates this section is guilty of a minor misdemeanor. If,26022
within one year of the offense, the offender previously has been26023
convicted of or pleaded guilty to one predicate motor vehicle or26024
traffic offense, whoever violates this section is guilty of a26025
misdemeanor of the fourth degree. If, within one year of the26026
offense, the offender previously has been convicted of two or more26027
predicate motor vehicle or traffic offenses, whoever violates this26028
section is guilty of a misdemeanor of the third degree.26029

       Sec. 4511.712. (A) No driver shall enter an intersection or26030
marked crosswalk or drive onto any railroad grade crossing unless26031
there is sufficient space on the other side of the intersection,26032
crosswalk, or grade crossing to accommodate the vehicle,26033
streetcar, or trackless trolley hethe driver is operating without26034
obstructing the passage of other vehicles, streetcars, trackless26035
trolleys, pedestrians, or railroad trains, notwithstanding any26036
traffic control signal indication to proceed.26037

       (B) Except as otherwise provided in this division, whoever26038
violates this section is guilty of a minor misdemeanor. If,26039
within one year of the offense, the offender previously has been26040
convicted of or pleaded guilty to one predicate motor vehicle or26041
traffic offense, whoever violates this section is guilty of a26042
misdemeanor of the fourth degree. If, within one year of the26043
offense, the offender previously has been convicted of two or more26044
predicate motor vehicle or traffic offenses, whoever violates this26045
section is guilty of a misdemeanor of the third degree.26046

       Sec. 4511.713. (A) No person shall operate a motor vehicle,26047
snowmobile, or all-purpose vehicle upon any path set aside for the26048
exclusive use of bicycles, when an appropriate sign giving notice26049
of such use is posted on the path.26050

       Nothing in this section shall be construed to affect any rule26051
of the director of natural resources governing the operation of26052
motor vehicles, snowmobiles, all-purpose vehicles, and bicycles on26053
lands under histhe director's jurisdiction.26054

       (B) Except as otherwise provided in this division, whoever26055
violates this section is guilty of a minor misdemeanor. If,26056
within one year of the offense, the offender previously has been26057
convicted of or pleaded guilty to one predicate motor vehicle or26058
traffic offense, whoever violates this section is guilty of a26059
misdemeanor of the fourth degree. If, within one year of the26060
offense, the offender previously has been convicted of two or more26061
predicate motor vehicle or traffic offenses, whoever violates this26062
section is guilty of a misdemeanor of the third degree.26063

       Sec. 4511.72. (A) The driver of any vehicle, other than an26064
emergency vehicle or public safety vehicle on official business,26065
shall not follow any emergency vehicle or public safety vehicle26066
traveling in response to an alarm closer than five hundred feet,26067
or drive into or park such vehicle within the block where fire26068
apparatus has stopped in answer to a fire alarm, unless directed26069
to do so by a police officer or a firemanfirefighter.26070

       (B) Except as otherwise provided in this division, whoever26071
violates this section is guilty of a minor misdemeanor. If,26072
within one year of the offense, the offender previously has been26073
convicted of or pleaded guilty to one predicate motor vehicle or26074
traffic offense, whoever violates this section is guilty of a26075
misdemeanor of the fourth degree. If, within one year of the26076
offense, the offender previously has been convicted of two or more26077
predicate motor vehicle or traffic offenses, whoever violates this26078
section is guilty of a misdemeanor of the third degree.26079

       Sec. 4511.73. (A) No streetcar, trackless trolley, or26080
vehicle shall, without the consent of the fire department official26081
in command, be driven over any unprotected hose of a fire26082
department, when said hosethat is laid down on any street,26083
private driveway, or streetcar track to be used at any fire or26084
alarm of fire.26085

       (B) Except as otherwise provided in this division, whoever26086
violates this section is guilty of a minor misdemeanor. If,26087
within one year of the offense, the offender previously has been26088
convicted of or pleaded guilty to one predicate motor vehicle or26089
traffic offense, whoever violates this section is guilty of a26090
misdemeanor of the fourth degree. If, within one year of the26091
offense, the offender previously has been convicted of two or more26092
predicate motor vehicle or traffic offenses, whoever violates this26093
section is guilty of a misdemeanor of the third degree.26094

       Sec. 4511.74.  (A) No person shall place or knowingly drop26095
upon any part of a highway, lane, road, street, or alley any26096
tacks, bottles, wire, glass, nails, or other articles which may26097
damage or injure any person, vehicle, streetcar, trackless26098
trolley, or animal traveling along or upon such highway, except26099
such substances that may be placed upon the roadway by proper26100
authority for the repair or construction thereof.26101

       Any person who drops or permits to be dropped or thrown upon26102
any highway any destructive or injurious material shall26103
immediately remove the same.26104

       Any person authorized to remove a wrecked or damaged vehicle,26105
streetcar, or trackless trolley from a highway shall remove any26106
glass or other injurious substance dropped upon the highway from26107
such vehicle, streetcar, or trackless trolley.26108

       No person shall place any obstruction in or upon a highway26109
without proper authority.26110

       (B) No person, with intent to cause physical harm to a26111
person or a vehicle, shall place or knowingly drop upon any part26112
of a highway, lane, road, street, or alley any tacks, bottles,26113
wire, glass, nails, or other articles which may damage or injure26114
any person, vehicle, streetcar, trackless trolley, or animal26115
traveling along or upon such highway, except such substances that26116
may be placed upon the roadway by proper authority for the repair26117
or construction thereof.26118

       (C)(1) Except as otherwise provided in this division,26119
whoever violates division (A) of this section is guilty of a minor26120
misdemeanor. If, within one year of the offense, the offender26121
previously has been convicted of or pleaded guilty to one26122
predicate motor vehicle or traffic offense, whoever violates26123
division (A) of this section is guilty of a misdemeanor of the26124
fourth degree. If, within one year of the offense, the offender26125
previously has been convicted of two or more predicate motor26126
vehicle or traffic offenses, whoever violates division (A) of this26127
section is guilty of a misdemeanor of the third degree.26128

       (2) Whoever violates division (B) of this section is guilty26129
of a misdemeanor of the first degree.26130

       Sec. 4511.75.  (A) The driver of a vehicle, streetcar, or26131
trackless trolley upon meeting or overtaking from either direction26132
any school bus stopped for the purpose of receiving or discharging26133
any school child, person attending programs offered by community26134
boards of mental health and county boards of mental retardation26135
and developmental disabilities, or child attending a program26136
offered by a head start agency, shall stop at least ten feet from26137
the front or rear of the school bus and shall not proceed until26138
such school bus resumes motion, or until signaled by the school26139
bus driver to proceed.26140

       It is no defense to a charge under this division that the26141
school bus involved failed to display or be equipped with an26142
automatically extended stop warning sign as required by division26143
(B) of this section.26144

       (B) Every school bus shall be equipped with amber and red26145
visual signals meeting the requirements of section 4511.771 of the26146
Revised Code, and an automatically extended stop warning sign of a26147
type approved by the state board of education, which shall be26148
actuated by the driver of the bus whenever but only whenever the26149
bus is stopped or stopping on the roadway for the purpose of26150
receiving or discharging school children, persons attending26151
programs offered by community boards of mental health and county26152
boards of mental retardation and developmental disabilities, or26153
children attending programs offered by head start agencies. A26154
school bus driver shall not actuate the visual signals or the stop26155
warning sign in designated school bus loading areas where the bus26156
is entirely off the roadway or at school buildings when children26157
or persons attending programs offered by community boards of26158
mental health and county boards of mental retardation and26159
developmental disabilities are loading or unloading at curbside or26160
at buildings when children attending programs offered by head26161
start agencies are loading or unloading at curbside. The visual26162
signals and stop warning sign shall be synchronized or otherwise26163
operated as required by rule of the board.26164

       (C) Where a highway has been divided into four or more26165
traffic lanes, a driver of a vehicle, streetcar, or trackless26166
trolley need not stop for a school bus approaching from the26167
opposite direction which has stopped for the purpose of receiving26168
or discharging any school child, persons attending programs26169
offered by community boards of mental health and county boards of26170
mental retardation and developmental disabilities, or children26171
attending programs offered by head start agencies. The driver of26172
any vehicle, streetcar, or trackless trolley overtaking the school26173
bus shall comply with division (A) of this section.26174

       (D) School buses operating on divided highways or on26175
highways with four or more traffic lanes shall receive and26176
discharge all school children, persons attending programs offered26177
by community boards of mental health and county boards of mental26178
retardation and developmental disabilities, and children attending26179
programs offered by head start agencies on their residence side of26180
the highway.26181

       (E) No school bus driver shall start the driver's bus until26182
after any child, person attending programs offered by community26183
boards of mental health and county boards of mental retardation26184
and developmental disabilities, or child attending a program26185
offered by a head start agency who may have alighted therefrom has26186
reached a place of safety on the child's or person's residence26187
side of the road.26188

       (F)(1)Whoever violates division (A) of this section may be26189
fined an amount not to exceed five hundred dollars. A person who26190
is issued a citation for a violation of division (A) of this26191
section is not permitted to enter a written plea of guilty and26192
waive the person's right to contest the citation in a trial but26193
instead must appear in person in the proper court to answer the26194
charge.26195

       (2) In addition to and independent of any other penalty26196
provided by law, the court or mayor may impose upon an offender26197
who violates this section a class seven suspension of the26198
offender's driver's license, commercial driver's license,26199
temporary instruction permit, probationary license, or nonresident26200
operating privilege from the range specified in division (A)(7) of26201
section 4510.02 of the Revised Code. When a license is suspended26202
under this section, the court or mayor shall cause the offender to26203
deliver the license to the court, and the court or clerk of the26204
court immediately shall forward the license to the registrar of26205
motor vehicles, together with notice of the court's action.26206

       (G) As used in this section:26207

       (1) "Head start agency" has the same meaning as in division26208
(A)(1) of section 3301.31 of the Revised Code.26209

       (2) "School bus," as used in relation to children who attend26210
a program offered by a head start agency, means a bus that is26211
owned and operated by a head start agency, is equipped with an26212
automatically extended stop warning sign of a type approved by the26213
state board of education, is painted the color and displays the26214
markings described in section 4511.77 of the Revised Code, and is26215
equipped with amber and red visual signals meeting the26216
requirements of section 4511.771 of the Revised Code, irrespective26217
of whether or not the bus has fifteen or more children aboard at26218
any time. "School bus" does not include a van owned and operated26219
by a head start agency, irrespective of its color, lights, or26220
markings.26221

       Sec. 4511.751.  As used in this section, "license plate"26222
includes, but is not limited to, any temporary license placard26223
issued under section 4503.182 of the Revised Code or similar law26224
of another jurisdiction.26225

       When the operator of a school bus believes that a motorist26226
has violated division (A) of section 4511.75 of the Revised Code,26227
the operator shall report the license plate number and a general26228
description of the vehicle and of the operator of the vehicle to26229
the law enforcement agency exercising jurisdiction over the area26230
where the alleged violation occurred. The information contained26231
in the report relating to the license plate number and to the26232
general description of the vehicle and the operator of the vehicle26233
at the time of the alleged violation may be supplied by any person26234
with first-hand knowledge of the information. Information of which26235
the operator of the school bus has first-hand knowledge also may26236
be corroborated by any other person.26237

       Upon receipt of the report of the alleged violation of26238
division (A) of section 4511.75 of the Revised Code, the law26239
enforcement agency shall conduct an investigation to attempt to26240
determine or confirm the identity of the operator of the vehicle26241
at the time of the alleged violation. If the identity of the26242
operator at the time of the alleged violation is established, the26243
reporting of the license plate number of the vehicle shall26244
establish probable cause for the law enforcement agency to issue a26245
citation for the violation of division (A) of section 4511.75 of26246
the Revised Code. However, if the identity of the operator of the26247
vehicle at the time of the alleged violation cannot be26248
established, the law enforcement agency shall issue a warning to26249
the owner of the vehicle at the time of the alleged violation,26250
except in the case of a leased or rented vehicle when the warning26251
shall be issued to the lessee at the time of the alleged26252
violation.26253

       The registrar of motor vehicles and deputy registrars shall,26254
at the time of issuing license plates to any person, include with26255
the license plate a summary of the requirements of division (A) of26256
section 4511.75 of the Revised Code, the procedures of section26257
4507.165 of the Revised Code, and the procedures of, and penalty26258
in, division (G)(F) of section 4511.994511.75 of the Revised26259
Code.26260

       Sec. 4511.76.  (A) The department of public safety, by and26261
with the advice of the superintendent of public instruction, shall26262
adopt and enforce rules relating to the construction, design, and26263
equipment, including lighting equipment required by section26264
4511.771 of the Revised Code, of all school buses both publicly26265
and privately owned and operated in this state.26266

       (B) The department of education, by and with the advice of26267
the director of public safety, shall adopt and enforce rules26268
relating to the operation of all school buses both publicly and26269
privately owned and operated in this state.26270

       (C) No person shall operate a school bus within this state26271
in violation of the rules of the department of education or the26272
department of public safety. No person, being the owner thereof26273
or having the supervisory responsibility therefor, shall permit26274
the operation of a school bus within this state in violation of26275
the rules of the department of education or the department of26276
public safety.26277

       (D) The department of public safety shall adopt and enforce26278
rules relating to the issuance of a license under section 4511.76326279
of the Revised Code. The rules may relate to the moral character26280
of the applicant; the condition of the equipment to be operated;26281
the liability and property damage insurance carried by the26282
applicant; the posting of satisfactory and sufficient bond; and26283
such other rules as the director of public safety determines26284
reasonably necessary for the safety of the pupils to be26285
transported.26286

       (E)Except as otherwise provided in this division, whoever26287
violates this section is guilty of a minor misdemeanor. If the26288
offender previously has been convicted of or pleaded guilty to one26289
or more violations of this section or section 4511.63, 4511.761,26290
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a26291
municipal ordinance that is substantially similar to any of those26292
sections, whoever violates this section is guilty of a misdemeanor26293
of the fourth degree.26294

       Sec. 4511.761. (A) The state highway patrol shall inspect26295
every school bus to ascertain whether its construction, design,26296
and equipment comply with the regulations adopted pursuant to26297
section 4511.76 of the Revised Code and all other provisions of26298
law.26299

       The superintendent of the state highway patrol shall adopt a26300
distinctive inspection decal not less than twelve inches in size,26301
and bearing the date of the inspection, which shall be affixed to26302
the outside surface of each side of each school bus which upon26303
such inspection is found to comply with the regulations adopted26304
pursuant to section 4511.76 of the Revised Code. The appearance26305
of said decal shall be changed from year to year as to shape and26306
color in order to provide easy visual inspection.26307

       No person shall operate, nor shall any person being the owner26308
thereof or having supervisory responsibility therefor permit the26309
operation of, a school bus within this state unless there are26310
displayed thereon the decals issued by the state highway patrol26311
bearing the proper date of inspection for the calendar year for26312
which the inspection decals were issued.26313

       (B) Except as otherwise provided in this division, whoever26314
violates this section is guilty of a minor misdemeanor. If the26315
offender previously has been convicted of or pleaded guilty to one26316
or more violations of this section or section 4511.63, 4511.76,26317
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a26318
municipal ordinance that is substantially similar to any of those26319
sections, whoever violates this section is guilty of a misdemeanor26320
of the fourth degree.26321

       (C) Whenever a person is found guilty in a court of record26322
of a violation of this section, the trial judge, in addition to or26323
independent of all other penalties provided by law, may suspend26324
for any period of time not exceeding three years, or cancel the26325
license of any person, partnership, association, or corporation,26326
issued under section 4511.763 of the Revised Code.26327

       Sec. 4511.762.  (A) Except as provided in division (B) of26328
this section, no person who is the owner of a bus that previously26329
was registered as a school bus that is used or is to be used26330
exclusively for purposes other than the transportation of26331
children, shall operate the bus or permit it to be operated within26332
this state unless the bus has been painted a color different from26333
that prescribed for school buses by section 4511.77 of the Revised26334
Code and painted in such a way that the words "stop" and "school26335
bus" are obliterated.26336

       (B) Any church bus that previously was registered as a26337
school bus and is registered under section 4503.07 of the Revised26338
Code may retain the paint color prescribed for school buses by26339
section 4511.77 of the Revised Code if the bus complies with all26340
of the following:26341

       (1) The words "school bus" required by section 4511.77 of26342
the Revised Code are covered or obliterated and the bus is marked26343
on the front and rear with the words "church bus" painted in black26344
lettering not less than ten inches in height;26345

       (2) The automatically extended stop warning sign required by26346
section 4511.75 of the Revised Code is removed and the word "stop"26347
required by section 4511.77 of the Revised Code is covered or26348
obliterated;26349

       (3) The flashing red and amber lights required by section26350
4511.771 of the Revised Code are covered or removed;26351

       (4) The inspection decal required by section 4511.761 of the26352
Revised Code is covered or removed;26353

       (5) The identification number assigned under section26354
4511.764 of the Revised Code and marked in black lettering on the26355
front and rear of the bus is covered or obliterated.26356

       (C) Except as otherwise provided in this division, whoever26357
violates this section is guilty of a minor misdemeanor. If the26358
offender previously has been convicted of or pleaded guilty to one26359
or more violations of this section or section 4511.63, 4511.76,26360
4511.761, 4511.764, 4511.77, or 4511.79 of the Revised Code or a26361
municipal ordinance that is substantially similar to any of those26362
sections, whoever violates this section is guilty of a misdemeanor26363
of the fourth degree.26364

       (D) Whenever a person is found guilty in a court of record26365
of a violation of this section, the trial judge, in addition to or26366
independent of all other penalties provided by law, may suspend26367
for any period of time not exceeding three years, or cancel the26368
license of any person, partnership, association, or corporation,26369
issued under section 4511.763 of the Revised Code.26370

       Sec. 4511.763. (A) No person, partnership, association, or26371
corporation shall transport pupils to or from school on a school26372
bus or enter into a contract with a board of education of any26373
school district for the transportation of pupils on a school bus,26374
without being licensed by the department of public safety.26375

       (B) Except as otherwise provided in this division, whoever26376
violates this section is guilty of a minor misdemeanor. If,26377
within one year of the offense, the offender previously has been26378
convicted of or pleaded guilty to one predicate motor vehicle or26379
traffic offense, whoever violates this section is guilty of a26380
misdemeanor of the fourth degree. If, within one year of the26381
offense, the offender previously has been convicted of two or more26382
predicate motor vehicle or traffic offenses, whoever violates this26383
section is guilty of a misdemeanor of the third degree.26384

       Sec. 4511.764. (A) The superintendent of the state highway26385
patrol shall require school buses to be registered, in the name of26386
the owner, with the state highway patrol on forms and in26387
accordance with regulations as the superintendent may adopt.26388

       When the superintendent is satisfied that the registration26389
has been completed, hethe superintendent shall assign an26390
identifying number to each school bus registered in accordance26391
with this section. The number so assigned shall be marked on the26392
front and rear of the vehicle in black lettering not less than six26393
inches in height and will remain unchanged as long as the26394
ownership of that vehicle remains the same.26395

       No person shall operate, nor shall any person, being the26396
owner thereof or having supervisory responsibility therefor,26397
permit the operation of a school bus within this state unless26398
there is displayed thereon an identifying number in accordance26399
with this section.26400

       (B) Except as otherwise provided in this division, whoever26401
violates this section is guilty of a minor misdemeanor. If the26402
offender previously has been convicted of or pleaded guilty to one26403
or more violations of section 4511.63, 4511.76, 4511.761,26404
4511.762, 4511.77, or 4511.79 of the Revised Code or a municipal26405
ordinance that is substantially similar to any of those sections,26406
whoever violates this section is guilty of a misdemeanor of the26407
fourth degree.26408

       Sec. 4511.77. (A) No person shall operate, nor shall any26409
person being the owner thereof or having supervisory26410
responsibility therefor permit the operation of, a school bus26411
within this state unless it is painted national school bus yellow26412
and is marked on both front and rear with the words "school bus"26413
in black lettering not less than eight inches in height and on the26414
rear of the bus with the word "stop" in black lettering not less26415
than ten inches in height.26416

       (B) Except as otherwise provided in this division, whoever26417
violates this section is guilty of a minor misdemeanor. If the26418
offender previously has been convicted of or pleaded guilty to one26419
or more violations of this section or section 4511.63, 4511.76,26420
4511.761, 4511.762, 4511.764, or 4511.79 of the Revised Code or a26421
municipal ordinance that is substantially similar to any of those26422
sections, whoever violates this section is guilty of a misdemeanor26423
of the fourth degree.26424

       (C) Whenever a person is found guilty in a court of record26425
of a violation of this section, the trial judge, in addition to or26426
independent of all other penalties provided by law, may suspend26427
for any period of time not exceeding three years, or cancel the26428
license of any person, partnership, association, or corporation,26429
issued under section 4511.763 of the Revised Code.26430

       Sec. 4511.771. (A) Every school bus shall, in addition to26431
any other equipment and distinctive markings required pursuant to26432
sections 4511.76, 4511.761, 4511.764, and 4511.77 of the Revised26433
Code, be equipped with signal lamps mounted as high as26434
practicable, which shall display to the front two alternately26435
flashing red lights and two alternately flashing amber lights26436
located at the same level and to the rear two alternately flashing26437
red lights and two alternately flashing amber lights located at26438
the same level, and these lights shall be visible at five hundred26439
feet in normal sunlight. The alternately flashing red lights26440
shall be spaced as widely as practicable, and the alternately26441
flashing amber lights shall be located next to them.26442

       (B) Except as otherwise provided in this division, whoever26443
violates this section is guilty of a minor misdemeanor. If,26444
within one year of the offense, the offender previously has been26445
convicted of or pleaded guilty to one predicate motor vehicle or26446
traffic offense, whoever violates this section is guilty of a26447
misdemeanor of the fourth degree. If, within one year of the26448
offense, the offender previously has been convicted of two or more26449
predicate motor vehicle or traffic offenses, whoever violates this26450
section is guilty of a misdemeanor of the third degree.26451

       Sec. 4511.772. (A) On and after the effective date of this26452
sectionMay 6, 1986, no person, school board, or governmental26453
entity shall purchase, lease, or rent a new school bus unless the26454
school bus has an occupant restraining device, as defined in26455
section 4513.263 of the Revised Code, installed for use in its26456
operator's seat.26457

       (B) Whoever violates this section is guilty of a minor26458
misdemeanor.26459

       Sec. 4511.78.  (A) As used in this section:26460

       (1) "Mass transit system" means any county transit system,26461
regional transit authority, regional transit commission,26462
municipally owned transportation system, mass transit company26463
operating exclusively within the territorial limits of a municipal26464
corporation, or within such limits and the territorial limits of26465
municipal corporations immediately contiguous to such municipal26466
corporation, and any common passenger carrier certified by the26467
public utilities commission, that provides transportation for26468
children to or from a school session or a school function.26469

       (2) "Bus" means every motor vehicle designed for carrying26470
more than nine passengers and used for the transportation of26471
persons, but does not mean any school bus as defined in section26472
4511.01 of the Revised Code.26473

       (B) Whenever a mass transit system transports children to or26474
from a school session or school function, the mass transit system26475
shall provide for:26476

       (1) Periodic safety inspections of all buses used to provide26477
transportation service. The inspections shall be based on rules26478
adopted by the public utilities commission under Chapters 4921.26479
and 4923. of the Revised Code to ensure the safety of operation of26480
motor transportation companies and private motor carriers.26481

       (2) The safety training of all drivers operating buses used26482
to provide transportation service;26483

       (3) The equipping of every bus with outside rear-view26484
mirrors meeting the motor carrier regulations for bus equipment26485
adopted by the federal highway administration. No exclusions from26486
this requirement granted under the federal regulations shall be26487
considered exclusions for the purposes of this division.26488

       (C) Except as otherwise provided in this division, whoever26489
violates this section is guilty of a minor misdemeanor. If,26490
within one year of the offense, the offender previously has been26491
convicted of or pleaded guilty to one predicate motor vehicle or26492
traffic offense, whoever violates this section is guilty of a26493
misdemeanor of the fourth degree. If, within one year of the26494
offense, the offender previously has been convicted of two or more26495
predicate motor vehicle or traffic offenses, whoever violates this26496
section is guilty of a misdemeanor of the third degree.26497

       Sec. 4511.79.  (A) No person shall drive a "commercial motor26498
vehicle" as defined in section 4506.01 of the Revised Code, or a26499
"commercial car" or "commercial tractor," as defined in section26500
4501.01 of the Revised Code, while histhe person's ability or26501
alertness is so impaired by fatigue, illness, or other causes that26502
it is unsafe for himthe person to drive such vehicle. No driver26503
shall use any drug which would adversely affect histhe driver's26504
ability or alertness.26505

       (B) No owner, as defined in section 4501.01 of the Revised26506
Code, of a "commercial motor vehicle," "commercial car," or26507
"commercial tractor," or a person employing or otherwise directing26508
the driver of such vehicle, shall require or knowingly permit a26509
driver in any such condition described in division (A) of this26510
section to drive such vehicle upon any street or highway.26511

       (C) Except as otherwise provided in this division, whoever26512
violates this section is guilty of a minor misdemeanor. If the26513
offender previously has been convicted of or pleaded guilty to one26514
or more violations of this section or section 4511.63, 4511.76,26515
4511.761, 4511.762, 4511.764, Or 4511.77 of the Revised Code or a26516
municipal ordinance that is substantially similar to any of those26517
sections, whoever violates this section is guilty of a misdemeanor26518
of the fourth degree.26519

       Sec. 4511.81.  (A) When any child who is in either or both26520
of the following categories is being transported in a motor26521
vehicle, other than a taxicab or public safety vehicle as defined26522
in section 4511.01 of the Revised Code, that is registered in this26523
state and is required by the United States department of26524
transportation to be equipped with seat belts at the time of26525
manufacture or assembly, the operator of the motor vehicle shall26526
have the child properly secured in accordance with the26527
manufacturer's instructions in a child restraint system that meets26528
federal motor vehicle safety standards:26529

       (1) A child who is less than four years of age;26530

       (2) A child who weighs less than forty pounds.26531

       (B) When any child who is in either or both of the following26532
categories is being transported in a motor vehicle, other than a26533
taxicab, that is registered in this state and is owned, leased, or26534
otherwise under the control of a nursery school, kindergarten, or26535
day-care center, the operator of the motor vehicle shall have the26536
child properly secured in accordance with the manufacturer's26537
instructions in a child restraint system that meets federal motor26538
vehicle safety standards:26539

       (1) A child who is less than four years of age;26540

       (2) A child who weighs less than forty pounds.26541

       (C) The director of public safety shall adopt such rules as26542
are necessary to carry out this section.26543

       (D) The failure of an operator of a motor vehicle to secure26544
a child in a child restraint system as required by this section is26545
not negligence imputable to the child, is not admissible as26546
evidence in any civil action involving the rights of the child26547
against any other person allegedly liable for injuries to the26548
child, is not to be used as a basis for a criminal prosecution of26549
the operator of the motor vehicle other than a prosecution for a26550
violation of this section, and is not admissible as evidence in26551
any criminal action involving the operator of the motor vehicle26552
other than a prosecution for a violation of this section.26553

       (E) This section does not apply when an emergency exists26554
that threatens the life of any person operating a motor vehicle26555
and to whom this section otherwise would apply or the life of any26556
child who otherwise would be required to be restrained under this26557
section.26558

       (F) If a person who is not a resident of this state is26559
charged with a violation of division (A) or (B) of this section26560
and does not prove to the court, by a preponderance of the26561
evidence, that the person's use or nonuse of a child restraint26562
system was in accordance with the law of the state of which the26563
person is a resident, the court shall impose the fine levied by26564
division (H)(2) of this section 4511.99 of the Revised Code.26565

       (G) There is hereby created in the state treasury the "child26566
highway safety fund," consisting of fines imposed pursuant to26567
divisions (H)(1) and (2) of this section 4511.99 of the Revised26568
Code for violations of divisions (A) and (B) of this section. The26569
money in the fund shall be used by the department of health only26570
to defray the cost of verifying pediatric trauma centers under26571
section 3702.161 of the Revised Code and to establish and26572
administer a child highway safety program. The purpose of the26573
program shall be to educate the public about child restraint26574
systems generally and the importance of their proper use. The26575
program also shall include a process for providing child restraint26576
systems to persons who meet the eligibility criteria established26577
by the department, and a toll-free telephone number the public may26578
utilize to obtain information about child restraint systems and26579
their proper use.26580

       The director of health, in accordance with Chapter 119. of26581
the Revised Code, shall adopt any rules necessary to carry out26582
this section, including rules establishing the criteria a person26583
must meet in order to receive a child restraint system under the26584
department's child restraint system program; provided that rules26585
relating to the verification of pediatric trauma centers shall not26586
be adopted under this section.26587

       (H)(1) Whoever is a resident of this state and violates26588
division (A) or (B) of this section shall be punished as follows:26589

       (a) Except as otherwise provided in division (H)(1)(b) of26590
this section, the offender is guilty of a minor misdemeanor.26591

       (b) If the offender previously has been convicted of or26592
pleaded guilty to a violation of division (A) or (B) of this26593
section or of a municipal ordinance that is substantially similar26594
to either of those divisions, the offender is guilty of a26595
misdemeanor of the fourth degree.26596

       (2) Whoever is not a resident of this state, violates26597
division (A) or (B) of this section, and fails to prove by a26598
preponderance of the evidence that the offender's use or nonuse of26599
a child restraint system was in accordance with the law of the26600
state of which the offender is a resident is guilty of a minor26601
misdemeanor on a first offense; on a second or subsequent offense,26602
that person is guilty of a misdemeanor of the fourth degree.26603

       (3) All fines imposed pursuant to division (H)(1) or (2) of26604
this section shall be forwarded to the treasurer of state for26605
deposit in the "child highway safety fund" created by division (G)26606
of this section. 26607

       Sec. 4511.82.  (A) No operator or occupant of a motor26608
vehicle shall, regardless of intent, throw, drop, discard, or26609
deposit litter from any motor vehicle in operation upon any26610
street, road, or highway, except into a litter receptacle in a26611
manner that prevents its being carried away or deposited by the26612
elements.26613

       (B) No operator of a motor vehicle in operation upon any26614
street, road, or highway shall allow litter to be thrown, dropped,26615
discarded, or deposited from the motor vehicle, except into a26616
litter receptacle in a manner that prevents its being carried away26617
or deposited by the elements.26618

       (C) Whoever violates division (A) or (B) of this section is26619
guilty of a minor misdemeanor.26620

       (D) As used in this section, "litter" means garbage, trash,26621
waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes,26622
automobile parts, furniture, glass, or anything else of an26623
unsightly or unsanitary nature.26624

       Sec. 4511.84.  (A) No person shall operate a motor vehicle26625
while wearing earphones over, or earplugs in, both ears. As used26626
in this section, "earphones" means any headset, radio, tape26627
player, or other similar device that provides the listener with26628
radio programs, music, or other recorded information through a26629
device attached to the head and that covers all or a portion of26630
both ears. "Earphones" does not include speakers or other26631
listening devices that are built into protective headgear.26632

       (B) This section does not apply to:26633

       (1) Any person wearing a hearing aid;26634

       (2) Law enforcement personnel while on duty;26635

       (3) Fire department personnel and emergency medical service26636
personnel while on duty;26637

       (4) Any person engaged in the operation of equipment for use26638
in the maintenance or repair of any highway;26639

       (5) Any person engaged in the operation of refuse collection26640
equipment.26641

       (C) Except as otherwise provided in this division, whoever26642
violates this section is guilty of a minor misdemeanor. If,26643
within one year of the offense, the offender previously has been26644
convicted of or pleaded guilty to one predicate motor vehicle or26645
traffic offense, whoever violates this section is guilty of a26646
misdemeanor of the fourth degree. If, within one year of the26647
offense, the offender previously has been convicted of two or more26648
predicate motor vehicle or traffic offenses, whoever violates this26649
section is guilty of a misdemeanor of the third degree.26650

       Sec. 4511.85.  (A) The operator of a chauffeured limousine26651
shall accept passengers only on the basis of prearranged26652
contracts, as defined in division (LL) of section 4501.01 of the26653
Revised Code, and shall not cruise in search of patronage unless26654
the limousine is in compliance with any statute or ordinance26655
governing the operation of taxicabs or other similar vehicles for26656
hire.26657

       (B) No person shall advertise or hold self out as doing26658
business as a limousine service or livery service or other similar26659
designation unless each vehicle used by the person to provide the26660
service is registered in accordance with section 4503.24 of the26661
Revised Code and is in compliance with section 4509.80 of the26662
Revised Code.26663

       (C) Whoever violates this section is guilty of a misdemeanor26664
of the first degree.26665

       Sec. 4511.99. (A) Whoever violates division (A)(1), (2),26666
(3), or (4) of section 4511.19 of the Revised Code, in addition to26667
the license suspension or revocation provided in section 4507.1626668
of the Revised Code and any disqualification imposed under section26669
4506.16 of the Revised Code, shall be punished as provided in26670
division (A)(1), (2), (3), or (4) of this section. Whoever26671
violates division (A)(5), (6), or (7) of section 4511.19 of the26672
Revised Code, in addition to the license suspension or revocation26673
provided in section 4507.16 of the Revised Code and any26674
disqualification imposed under section 4506.16 of the Revised26675
Code, shall be punished as provided in division (A)(5), (6), (7),26676
or (8) of this section.26677

       (1) Except as otherwise provided in division (A)(2), (3), or26678
(4) of this section, the offender is guilty of a misdemeanor of26679
the first degree and the court shall sentence the offender to a26680
term of imprisonment of three consecutive days and may sentence26681
the offender pursuant to section 2929.21 of the Revised Code to a26682
longer term of imprisonment. In addition, the court shall impose26683
upon the offender a fine of not less than two hundred fifty and26684
not more than one thousand dollars.26685

       The court may suspend the execution of the mandatory three26686
consecutive days of imprisonment that it is required to impose by26687
this division, if the court, in lieu of the suspended term of26688
imprisonment, places the offender on probation and requires the26689
offender to attend, for three consecutive days, a drivers'26690
intervention program that is certified pursuant to section 3793.1026691
of the Revised Code. The court also may suspend the execution of26692
any part of the mandatory three consecutive days of imprisonment26693
that it is required to impose by this division, if the court26694
places the offender on probation for part of the three consecutive26695
days; requires the offender to attend, for that part of the three26696
consecutive days, a drivers' intervention program that is26697
certified pursuant to section 3793.10 of the Revised Code; and26698
sentences the offender to a term of imprisonment equal to the26699
remainder of the three consecutive days that the offender does not26700
spend attending the drivers' intervention program. The court may26701
require the offender, as a condition of probation, to attend and26702
satisfactorily complete any treatment or education programs that26703
comply with the minimum standards adopted pursuant to Chapter26704
3793. of the Revised Code by the director of alcohol and drug26705
addiction services, in addition to the required attendance at a26706
drivers' intervention program, that the operators of the drivers'26707
intervention program determine that the offender should attend and26708
to report periodically to the court on the offender's progress in26709
the programs. The court also may impose any other conditions of26710
probation on the offender that it considers necessary.26711

       Of the fine imposed pursuant to this division, twenty-five26712
dollars shall be paid to an enforcement and education fund26713
established by the legislative authority of the law enforcement26714
agency in this state that primarily was responsible for the arrest26715
of the offender, as determined by the court that imposes the fine.26716
This share shall be used by the agency to pay only those costs it26717
incurs in enforcing section 4511.19 of the Revised Code or a26718
substantially similar municipal ordinance and in informing the26719
public of the laws governing the operation of a motor vehicle26720
while under the influence of alcohol, the dangers of operating a26721
motor vehicle while under the influence of alcohol, and other26722
information relating to the operation of a motor vehicle and the26723
consumption of alcoholic beverages. Fifty dollars of the fine26724
imposed pursuant to this division shall be paid to the political26725
subdivision that pays the cost of housing the offender during the26726
offender's term of incarceration to the credit of the fund that26727
pays the cost of the incarceration. If the offender was confined26728
as a result of the offense prior to being sentenced for the26729
offense but is not sentenced to a term of incarceration, the fifty26730
dollars shall be paid to the political subdivision that paid the26731
cost of housing the offender during that period of confinement.26732
The political subdivision shall use this share to pay or reimburse26733
incarceration or treatment costs it incurs in housing or providing26734
drug and alcohol treatment to persons who violate section 4511.1926735
of the Revised Code or a substantially similar municipal ordinance26736
and to pay for ignition interlock devices and electronic house26737
arrest equipment for persons who violate that section. 26738
Twenty-five dollars of the fine imposed pursuant to this division26739
shall be deposited into the county indigent drivers alcohol26740
treatment fund or municipal indigent drivers alcohol treatment26741
fund under the control of that court, as created by the county or26742
municipal corporation pursuant to division (N) of section 4511.19126743
of the Revised Code. The balance of the fine shall be disbursed26744
as otherwise provided by law.26745

       (2)(a) Except as otherwise provided in division (A)(4) of26746
this section, the offender is guilty of a misdemeanor of the first26747
degree, and, except as provided in this division, the court shall26748
sentence the offender to a term of imprisonment of ten consecutive26749
days and may sentence the offender pursuant to section 2929.21 of26750
the Revised Code to a longer term of imprisonment if, within six26751
years of the offense, the offender has been convicted of or26752
pleaded guilty to one violation of the following:26753

       (i) Division (A) or (B) of section 4511.19 of the Revised26754
Code;26755

       (ii) A municipal ordinance relating to operating a vehicle26756
while under the influence of alcohol, a drug of abuse, or alcohol26757
and a drug of abuse;26758

       (iii) A municipal ordinance relating to operating a vehicle26759
with a prohibited concentration of alcohol in the blood, breath,26760
or urine;26761

       (iv) Section 2903.04 of the Revised Code in a case in which26762
the offender was subject to the sanctions described in division26763
(D) of that section;26764

       (v) Division (A)(1) of section 2903.06 or division (A)(1) of26765
section 2903.08 of the Revised Code or a municipal ordinance that26766
is substantially similar to either of those divisions;26767

       (vi) Division (A)(2), (3), or (4) of section 2903.06,26768
division (A)(2) of section 2903.08, or former section 2903.07 of26769
the Revised Code, or a municipal ordinance that is substantially26770
similar to any of those divisions or that former section, in a26771
case in which the jury or judge found that the offender was under26772
the influence of alcohol, a drug of abuse, or alcohol and a drug26773
of abuse;26774

       (vii) A statute of the United States or of any other state26775
or a municipal ordinance of a municipal corporation located in any26776
other state that is substantially similar to division (A) or (B)26777
of section 4511.19 of the Revised Code.26778

       As an alternative to the term of imprisonment required to be26779
imposed by this division, but subject to division (A)(12) of this26780
section, the court may impose upon the offender a sentence26781
consisting of both a term of imprisonment of five consecutive days26782
and not less than eighteen consecutive days of electronically26783
monitored house arrest as defined in division (A) of section26784
2929.23 of the Revised Code. The five consecutive days of26785
imprisonment and the period of electronically monitored house26786
arrest shall not exceed six months. The five consecutive days of26787
imprisonment do not have to be served prior to or consecutively26788
with the period of electronically monitored house arrest.26789

       In addition, the court shall impose upon the offender a fine26790
of not less than three hundred fifty and not more than one26791
thousand five hundred dollars.26792

       In addition to any other sentence that it imposes upon the26793
offender, the court may require the offender to attend a drivers'26794
intervention program that is certified pursuant to section 3793.1026795
of the Revised Code. If the officials of the drivers'26796
intervention program determine that the offender is alcohol26797
dependent, they shall notify the court, and the court shall order26798
the offender to obtain treatment through an alcohol and drug26799
addiction program authorized by section 3793.02 of the Revised26800
Code. The cost of the treatment shall be paid by the offender.26801

       Of the fine imposed pursuant to this division, thirty-five26802
dollars shall be paid to an enforcement and education fund26803
established by the legislative authority of the law enforcement26804
agency in this state that primarily was responsible for the arrest26805
of the offender, as determined by the court that imposes the fine.26806
This share shall be used by the agency to pay only those costs it26807
incurs in enforcing section 4511.19 of the Revised Code or a26808
substantially similar municipal ordinance and in informing the26809
public of the laws governing the operation of a motor vehicle26810
while under the influence of alcohol, the dangers of operating a26811
motor vehicle while under the influence of alcohol, and other26812
information relating to the operation of a motor vehicle and the26813
consumption of alcoholic beverages. One hundred fifteen dollars26814
of the fine imposed pursuant to this division shall be paid to the26815
political subdivision that pays the cost of housing the offender26816
during the offender's term of incarceration. This share shall be26817
used by the political subdivision to pay or reimburse26818
incarceration or treatment costs it incurs in housing or providing26819
drug and alcohol treatment to persons who violate section 4511.1926820
of the Revised Code or a substantially similar municipal ordinance26821
and to pay for ignition interlock devices and electronic house26822
arrest equipment for persons who violate that section, and shall26823
be paid to the credit of the fund that pays the cost of the26824
incarceration. Fifty dollars of the fine imposed pursuant to this26825
division shall be deposited into the county indigent drivers26826
alcohol treatment fund or municipal indigent drivers alcohol26827
treatment fund under the control of that court, as created by the26828
county or municipal corporation pursuant to division (N) of26829
section 4511.191 of the Revised Code. The balance of the fine26830
shall be disbursed as otherwise provided by law.26831

       (b) Regardless of whether the vehicle the offender was26832
operating at the time of the offense is registered in the26833
offender's name or in the name of another person, the court, in26834
addition to the penalties imposed under division (A)(2)(a) of this26835
section and all other penalties provided by law and subject to26836
section 4503.235 of the Revised Code, shall order the26837
immobilization for ninety days of the vehicle the offender was26838
operating at the time of the offense and the impoundment for26839
ninety days of the identification license plates of that vehicle.26840
The order for the immobilization and impoundment shall be issued26841
and enforced in accordance with section 4503.233 of the Revised26842
Code.26843

       (3)(a) Except as otherwise provided in division (A)(4) of26844
this section and except as provided in this division, if, within26845
six years of the offense, the offender has been convicted of or26846
pleaded guilty to two violations identified in division (A)(2) of26847
this section, the court shall sentence the offender to a term of26848
imprisonment of thirty consecutive days and may sentence the26849
offender to a longer definite term of imprisonment of not more26850
than one year. As an alternative to the term of imprisonment26851
required to be imposed by this division, but subject to division26852
(A)(12) of this section, the court may impose upon the offender a26853
sentence consisting of both a term of imprisonment of fifteen26854
consecutive days and not less than fifty-five consecutive days of26855
electronically monitored house arrest as defined in division (A)26856
of section 2929.23 of the Revised Code. The fifteen consecutive26857
days of imprisonment and the period of electronically monitored26858
house arrest shall not exceed one year. The fifteen consecutive26859
days of imprisonment do not have to be served prior to or26860
consecutively with the period of electronically monitored house26861
arrest.26862

       In addition, the court shall impose upon the offender a fine26863
of not less than five hundred fifty and not more than two thousand26864
five hundred dollars.26865

       In addition to any other sentence that it imposes upon the26866
offender, the court shall require the offender to attend an26867
alcohol and drug addiction program authorized by section 3793.0226868
of the Revised Code. The cost of the treatment shall be paid by26869
the offender. If the court determines that the offender is unable26870
to pay the cost of attendance at the treatment program, the court26871
may order that payment of the cost of the offender's attendance at26872
the treatment program be made from that court's indigent drivers26873
alcohol treatment fund.26874

       Of the fine imposed pursuant to this division, one hundred26875
twenty-three dollars shall be paid to an enforcement and education26876
fund established by the legislative authority of the law26877
enforcement agency in this state that primarily was responsible26878
for the arrest of the offender, as determined by the court that26879
imposes the fine. This share shall be used by the agency to pay26880
only those costs it incurs in enforcing section 4511.19 of the26881
Revised Code or a substantially similar municipal ordinance and in26882
informing the public of the laws governing the operation of a26883
motor vehicle while under the influence of alcohol, the dangers of26884
operating a motor vehicle while under the influence of alcohol,26885
and other information relating to the operation of a motor vehicle26886
and the consumption of alcoholic beverages. Two hundred26887
seventy-seven dollars of the fine imposed pursuant to this26888
division shall be paid to the political subdivision that pays the26889
cost of housing the offender during the offender's term of26890
incarceration. This share shall be used by the political26891
subdivision to pay or reimburse incarceration or treatment costs26892
it incurs in housing or providing drug and alcohol treatment to26893
persons who violate section 4511.19 of the Revised Code or a26894
substantially similar municipal ordinance and to pay for ignition26895
interlock devices and electronic house arrest equipment for26896
persons who violate that section and shall be paid to the credit26897
of the fund that pays the cost of incarceration. The balance of26898
the fine shall be disbursed as otherwise provided by law.26899

       (b) Regardless of whether the vehicle the offender was26900
operating at the time of the offense is registered in the26901
offender's name or in the name of another person, the court, in26902
addition to the penalties imposed under division (A)(3)(a) of this26903
section and all other penalties provided by law and subject to26904
section 4503.235 of the Revised Code, shall order the criminal26905
forfeiture to the state of the vehicle the offender was operating26906
at the time of the offense. The order of criminal forfeiture26907
shall be issued and enforced in accordance with section 4503.23426908
of the Revised Code.26909

       (4)(a)(i) If, within six years of the offense, the offender26910
has been convicted of or pleaded guilty to three or more26911
violations identified in division (A)(2) of this section, and if26912
sentence is not required to be imposed under division26913
(A)(4)(a)(ii) of this section, the offender is guilty of a felony26914
of the fourth degree and, notwithstanding division (A)(4) of26915
section 2929.14 of the Revised Code, may be sentenced to a26916
definite prison term that shall be not less than six months and26917
not more than thirty months. The court shall sentence the26918
offender in accordance with sections 2929.11 to 2929.19 of the26919
Revised Code and shall impose as part of the sentence either a26920
mandatory term of local incarceration of sixty consecutive days of26921
imprisonment in accordance with division (G)(1) of section 2929.1326922
of the Revised Code or a mandatory prison term of sixty26923
consecutive days of imprisonment in accordance with division26924
(G)(2) of that section. If the court requires the offender to26925
serve a mandatory term of local incarceration of sixty consecutive26926
days of imprisonment in accordance with division (G)(1) of section26927
2929.13 of the Revised Code, the court, pursuant to section26928
2929.17 of the Revised Code, may impose upon the offender a26929
sentence that includes a term of electronically monitored house26930
arrest, provided that the term of electronically monitored house26931
arrest shall not commence until after the offender has served the26932
mandatory term of local incarceration.26933

       (ii) If the offender previously has been convicted of or26934
pleaded guilty to a violation of division (A) of section 4511.1926935
of the Revised Code under circumstances in which the violation was26936
a felony, regardless of when the prior violation and the prior26937
conviction or guilty plea occurred, the offender is guilty of a26938
felony of the third degree. The court shall sentence the offender26939
in accordance with sections 2929.11 to 2929.19 of the Revised Code26940
and shall impose as part of the sentence a mandatory prison term26941
of sixty consecutive days of imprisonment in accordance with26942
division (G)(2) of section 2929.13 of the Revised Code.26943

       (iii) In addition to all other sanctions imposed on an26944
offender under division (A)(4)(a)(i) or (ii) of this section, the26945
court shall impose upon the offender, pursuant to section 2929.1826946
of the Revised Code, a fine of not less than eight hundred nor26947
more than ten thousand dollars.26948

       In addition to any other sanction that it imposes upon the26949
offender under division (A)(4)(a)(i) or (ii) of this section, the26950
court shall require the offender to attend an alcohol and drug26951
addiction program authorized by section 3793.02 of the Revised26952
Code. The cost of the treatment shall be paid by the offender. If26953
the court determines that the offender is unable to pay the cost26954
of attendance at the treatment program, the court may order that26955
payment of the cost of the offender's attendance at the treatment26956
program be made from the court's indigent drivers alcohol26957
treatment fund.26958

       Of the fine imposed pursuant to this division, two hundred26959
ten dollars shall be paid to an enforcement and education fund26960
established by the legislative authority of the law enforcement26961
agency in this state that primarily was responsible for the arrest26962
of the offender, as determined by the court that imposes the fine.26963
This share shall be used by the agency to pay only those costs it26964
incurs in enforcing section 4511.19 of the Revised Code or a26965
substantially similar municipal ordinance and in informing the26966
public of the laws governing operation of a motor vehicle while26967
under the influence of alcohol, the dangers of operation of a26968
motor vehicle while under the influence of alcohol, and other26969
information relating to the operation of a motor vehicle and the26970
consumption of alcoholic beverages. Four hundred forty dollars of26971
the fine imposed pursuant to this division shall be paid to the26972
political subdivision that pays the cost of housing the offender26973
during the offender's term of incarceration. This share shall be26974
used by the political subdivision to pay or reimburse26975
incarceration or treatment costs it incurs in housing or providing26976
drug and alcohol treatment to persons who violate section 4511.1926977
of the Revised Code or a substantially similar municipal ordinance26978
and to pay for ignition interlock devices and electronic house26979
arrest equipment for persons who violate that section, and shall26980
be paid to the credit of the fund that pays the cost of26981
incarceration. The balance of the fine shall be disbursed as26982
otherwise provided by law.26983

       (b) Regardless of whether the vehicle the offender was26984
operating at the time of the offense is registered in the26985
offender's name or in the name of another person, the court, in26986
addition to the sanctions imposed under division (A)(4)(a) of this26987
section and all other sanctions provided by law and subject to26988
section 4503.235 of the Revised Code, shall order the criminal26989
forfeiture to the state of the vehicle the offender was operating26990
at the time of the offense. The order of criminal forfeiture26991
shall be issued and enforced in accordance with section 4503.23426992
of the Revised Code.26993

       (c) As used in division (A)(4)(a) of this section,26994
"mandatory prison term" and "mandatory term of local26995
incarceration" have the same meanings as in section 2929.01 of the26996
Revised Code.26997

       If title to a motor vehicle that is subject to an order for26998
criminal forfeiture under this section is assigned or transferred26999
and division (C)(2) or (3) of section 4503.234 of the Revised Code27000
applies, in addition to or independent of any other penalty27001
established by law, the court may fine the offender the value of27002
the vehicle as determined by publications of the national auto27003
dealer's association. The proceeds from any fine imposed under27004
this division shall be distributed in accordance with division27005
(D)(4) of section 4503.234 of the Revised Code.27006

       (5)(a) Except as otherwise provided in division (A)(6), (7),27007
or (8) of this section, the offender is guilty of a misdemeanor of27008
the first degree, and the court shall sentence the offender to one27009
of the following:27010

       (i) A term of imprisonment of at least three consecutive27011
days and a requirement that the offender attend, for three27012
consecutive days, a drivers' intervention program that is27013
certified pursuant to section 3793.10 of the Revised Code;27014

       (ii) If the court determines that the offender is not27015
conducive to treatment in the program, if the offender refuses to27016
attend the program, or if the place of imprisonment can provide a27017
drivers' intervention program, a term of imprisonment of at least27018
six consecutive days.27019

       (b) In addition, the court shall impose upon the offender a27020
fine of not less than two hundred fifty and not more than one27021
thousand dollars.27022

       The court may require the offender, as a condition of27023
probation, to attend and satisfactorily complete any treatment or27024
education programs that comply with the minimum standards adopted27025
pursuant to Chapter 3793. of the Revised Code by the director of27026
alcohol and drug addiction services, in addition to the required27027
attendance at a drivers' intervention program, that the operators27028
of the drivers' intervention program determine that the offender27029
should attend and to report periodically to the court on the27030
offender's progress in the programs. The court also may impose27031
any other conditions of probation on the offender that it27032
considers necessary.27033

       Of the fine imposed pursuant to this division, twenty-five27034
dollars shall be paid to an enforcement and education fund27035
established by the legislative authority of the law enforcement27036
agency in this state that primarily was responsible for the arrest27037
of the offender, as determined by the court that imposes the fine.27038
The agency shall use this share to pay only those costs it incurs27039
in enforcing section 4511.19 of the Revised Code or a27040
substantially similar municipal ordinance and in informing the27041
public of the laws governing the operation of a motor vehicle27042
while under the influence of alcohol, the dangers of operating a27043
motor vehicle while under the influence of alcohol, and other27044
information relating to the operation of a motor vehicle and the27045
consumption of alcoholic beverages. Fifty dollars of the fine27046
imposed pursuant to this division shall be paid to the political27047
subdivision that pays the cost of housing the offender during the27048
offender's term of incarceration to the credit of the fund that27049
pays the cost of the incarceration. The political subdivision27050
shall use this share to pay or reimburse incarceration or27051
treatment costs it incurs in housing or providing drug and alcohol27052
treatment to persons who violate section 4511.19 of the Revised27053
Code or a substantially similar municipal ordinance and to pay for27054
ignition interlock devices and electronic house arrest equipment27055
for persons who violate that section. Twenty-five dollars of the27056
fine imposed pursuant to this division shall be deposited into the27057
county indigent drivers alcohol treatment fund or municipal27058
indigent drivers alcohol treatment fund under the control of that27059
court, as created by the county or municipal corporation pursuant27060
to division (N) of section 4511.191 of the Revised Code. The27061
balance of the fine shall be disbursed as otherwise provided by27062
law.27063

       (6)(a) Except as otherwise provided in division (A)(8) of27064
this section and except as provided in this division, if, within27065
six years of the offense, the offender has been convicted of or27066
pleaded guilty to one violation of division (A) or (B) of section27067
4511.19 of the Revised Code, a municipal ordinance relating to27068
operating a vehicle while under the influence of alcohol, a drug27069
of abuse, or alcohol and a drug of abuse, a municipal ordinance27070
relating to operating a vehicle with a prohibited concentration of27071
alcohol in the blood, breath, or urine, section 2903.04 of the27072
Revised Code in a case in which the offender was subject to the27073
sanctions described in division (D) of that section, section27074
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal27075
ordinance that is substantially similar to section 2903.07 of the27076
Revised Code in a case in which the jury or judge found that the27077
offender was under the influence of alcohol, a drug of abuse, or27078
alcohol and a drug of abuse, or a statute of the United States or27079
of any other state or a municipal ordinance of a municipal27080
corporation located in any other state that is substantially27081
similar to division (A) or (B) of section 4511.19 of the Revised27082
Code, the offender is guilty of a misdemeanor of the first degree,27083
and the court shall sentence the offender to a term of27084
imprisonment of twenty consecutive days and may sentence the27085
offender pursuant to section 2929.21 of the Revised Code to a27086
longer term of imprisonment. As an alternative to the term of27087
imprisonment required to be imposed by this division, but subject27088
to division (A)(12) of this section, the court may impose upon the27089
offender a sentence consisting of both a term of imprisonment of27090
ten consecutive days and not less than thirty-six consecutive days27091
of electronically monitored house arrest as defined in division27092
(A) of section 2929.23 of the Revised Code. The ten consecutive27093
days of imprisonment and the period of electronically monitored27094
house arrest shall not exceed six months. The ten consecutive27095
days of imprisonment do not have to be served prior to or27096
consecutively with the period of electronically monitored house27097
arrest.27098

       In addition, the court shall impose upon the offender a fine27099
of not less than three hundred fifty and not more than one27100
thousand five hundred dollars.27101

       In addition to any other sentence that it imposes upon the27102
offender, the court may require the offender to attend a drivers'27103
intervention program that is certified pursuant to section 3793.1027104
of the Revised Code. If the officials of the drivers'27105
intervention program determine that the offender is alcohol27106
dependent, they shall notify the court, and the court shall order27107
the offender to obtain treatment through an alcohol and drug27108
addiction program authorized by section 3793.02 of the Revised27109
Code. The offender shall pay the cost of the treatment.27110

       Of the fine imposed pursuant to this division, thirty-five27111
dollars shall be paid to an enforcement and education fund27112
established by the legislative authority of the law enforcement27113
agency in this state that primarily was responsible for the arrest27114
of the offender, as determined by the court that imposes the fine.27115
The agency shall use this share to pay only those costs it incurs27116
in enforcing section 4511.19 of the Revised Code or a27117
substantially similar municipal ordinance and in informing the27118
public of the laws governing the operation of a motor vehicle27119
while under the influence of alcohol, the dangers of operating a27120
motor vehicle while under the influence of alcohol, and other27121
information relating to the operation of a motor vehicle and the27122
consumption of alcoholic beverages. One hundred fifteen dollars27123
of the fine imposed pursuant to this division shall be paid to the27124
political subdivision that pays the cost of housing the offender27125
during the offender's term of incarceration. The political27126
subdivision shall use this share to pay or reimburse incarceration27127
or treatment costs it incurs in housing or providing drug and27128
alcohol treatment to persons who violate section 4511.19 of the27129
Revised Code or a substantially similar municipal ordinance and to27130
pay for ignition interlock devices and electronic house arrest27131
equipment for persons who violate that section, and this share27132
shall be paid to the credit of the fund that pays the cost of the27133
incarceration. Fifty dollars of the fine imposed pursuant to this27134
division shall be deposited into the county indigent drivers27135
alcohol treatment fund or municipal indigent drivers alcohol27136
treatment fund under the control of that court, as created by the27137
county or municipal corporation pursuant to division (N) of27138
section 4511.191 of the Revised Code. The balance of the fine27139
shall be disbursed as otherwise provided by law.27140

       (b) Regardless of whether the vehicle the offender was27141
operating at the time of the offense is registered in the27142
offender's name or in the name of another person, the court, in27143
addition to the penalties imposed under division (A)(6)(a) of this27144
section and all other penalties provided by law and subject to27145
section 4503.235 of the Revised Code, shall order the27146
immobilization for ninety days of the vehicle the offender was27147
operating at the time of the offense and the impoundment for27148
ninety days of the identification license plates of that vehicle.27149
The order for the immobilization and impoundment shall be issued27150
and enforced in accordance with section 4503.233 of the Revised27151
Code.27152

       (7)(a) Except as otherwise provided in division (A)(8) of27153
this section and except as provided in this division, if, within27154
six years of the offense, the offender has been convicted of or27155
pleaded guilty to two violations of division (A) or (B) of section27156
4511.19 of the Revised Code, a municipal ordinance relating to27157
operating a vehicle while under the influence of alcohol, a drug27158
of abuse, or alcohol and a drug of abuse, a municipal ordinance27159
relating to operating a vehicle with a prohibited concentration of27160
alcohol in the blood, breath, or urine, section 2903.04 of the27161
Revised Code in a case in which the offender was subject to the27162
sanctions described in division (D) of that section, section27163
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal27164
ordinance that is substantially similar to section 2903.07 of the27165
Revised Code in a case in which the jury or judge found that the27166
offender was under the influence of alcohol, a drug of abuse, or27167
alcohol and a drug of abuse, or a statute of the United States or27168
of any other state or a municipal ordinance of a municipal27169
corporation located in any other state that is substantially27170
similar to division (A) or (B) of section 4511.19 of the Revised27171
Code, the court shall sentence the offender to a term of27172
imprisonment of sixty consecutive days and may sentence the27173
offender to a longer definite term of imprisonment of not more27174
than one year. As an alternative to the term of imprisonment27175
required to be imposed by this division, but subject to division27176
(A)(12) of this section, the court may impose upon the offender a27177
sentence consisting of both a term of imprisonment of thirty27178
consecutive days and not less than one hundred ten consecutive27179
days of electronically monitored house arrest as defined in27180
division (A) of section 2929.23 of the Revised Code. The thirty27181
consecutive days of imprisonment and the period of electronically27182
monitored house arrest shall not exceed one year. The thirty27183
consecutive days of imprisonment do not have to be served prior to27184
or consecutively with the period of electronically monitored house27185
arrest.27186

       In addition, the court shall impose upon the offender a fine27187
of not less than five hundred fifty and not more than two thousand27188
five hundred dollars.27189

       In addition to any other sentence that it imposes upon the27190
offender, the court shall require the offender to attend an27191
alcohol and drug addiction program authorized by section 3793.0227192
of the Revised Code. The offender shall pay the cost of the27193
treatment. If the court determines that the offender is unable to27194
pay the cost of attendance at the treatment program, the court may27195
order that payment of the cost of the offender's attendance at the27196
treatment program be made from that court's indigent drivers27197
alcohol treatment fund.27198

       Of the fine imposed pursuant to this division, one hundred27199
twenty-three dollars shall be paid to an enforcement and education27200
fund established by the legislative authority of the law27201
enforcement agency in this state that primarily was responsible27202
for the arrest of the offender, as determined by the court that27203
imposes the fine. The agency shall use this share to pay only27204
those costs it incurs in enforcing section 4511.19 of the Revised27205
Code or a substantially similar municipal ordinance and in27206
informing the public of the laws governing the operation of a27207
motor vehicle while under the influence of alcohol, the dangers of27208
operating a motor vehicle while under the influence of alcohol,27209
and other information relating to the operation of a motor vehicle27210
and the consumption of alcoholic beverages. Two hundred27211
seventy-seven dollars of the fine imposed pursuant to this27212
division shall be paid to the political subdivision that pays the27213
cost of housing the offender during the offender's term of27214
incarceration. The political subdivision shall use this share to27215
pay or reimburse incarceration or treatment costs it incurs in27216
housing or providing drug and alcohol treatment to persons who27217
violate section 4511.19 of the Revised Code or a substantially27218
similar municipal ordinance and to pay for ignition interlock27219
devices and electronic house arrest equipment for persons who27220
violate that section, and this share shall be paid to the credit27221
of the fund that pays the cost of incarceration. The balance of27222
the fine shall be disbursed as otherwise provided by law.27223

       (b) Regardless of whether the vehicle the offender was27224
operating at the time of the offense is registered in the27225
offender's name or in the name of another person, the court, in27226
addition to the penalties imposed under division (A)(7)(a) of this27227
section and all other penalties provided by law and subject to27228
section 4503.235 of the Revised Code, shall order the27229
immobilization for one hundred eighty days of the vehicle the27230
offender was operating at the time of the offense and the27231
impoundment for one hundred eighty days of the identification27232
license plates of that vehicle. The order for the immobilization27233
and impoundment shall be issued and enforced in accordance with27234
section 4503.233 of the Revised Code.27235

       (8)(a)(i) If, within six years of the offense, the offender27236
has been convicted of or pleaded guilty to three or more27237
violations of division (A) or (B) of section 4511.19 of the27238
Revised Code, a municipal ordinance relating to operating a27239
vehicle while under the influence of alcohol, a drug of abuse, or27240
alcohol and a drug of abuse, a municipal ordinance relating to27241
operating a vehicle with a prohibited concentration of alcohol in27242
the blood, breath, or urine, section 2903.04 of the Revised Code27243
in a case in which the offender was subject to the sanctions27244
described in division (D) of that section, section 2903.06,27245
2903.07, or 2903.08 of the Revised Code or a municipal ordinance27246
that is substantially similar to section 2903.07 of the Revised27247
Code in a case in which the jury or judge found that the offender27248
was under the influence of alcohol, a drug of abuse, or alcohol27249
and a drug of abuse, or a statute of the United States or of any27250
other state or a municipal ordinance of a municipal corporation27251
located in any other state that is substantially similar to27252
division (A) or (B) of section 4511.19 of the Revised Code, and if27253
sentence is not required to be imposed under division27254
(A)(8)(a)(ii) of this section, the offender is guilty of a felony27255
of the fourth degree and, notwithstanding division (A)(4) of27256
section 2929.14 of the Revised Code, may be sentenced to a27257
definite prison term that shall be not less than six months and27258
not more than thirty months. The court shall sentence the27259
offender in accordance with sections 2929.11 to 2929.19 of the27260
Revised Code and shall impose as part of the sentence either a27261
mandatory term of local incarceration of one hundred twenty27262
consecutive days of imprisonment in accordance with division27263
(G)(1) of section 2929.13 of the Revised Code or a mandatory27264
prison term of one hundred twenty consecutive days of imprisonment27265
in accordance with division (G)(2) of that section. If the court27266
requires the offender to serve a mandatory term of local27267
incarceration of one hundred twenty consecutive days of27268
imprisonment in accordance with division (G)(1) of section 2929.1327269
of the Revised Code, the court, pursuant to section 2929.17 of the27270
Revised Code, may impose upon the offender a sentence that27271
includes a term of electronically monitored house arrest, provided27272
that the term of electronically monitored house arrest shall not27273
commence until after the offender has served the mandatory term of27274
local incarceration.27275

       (ii) If the offender previously has been convicted of or27276
pleaded guilty to a violation of division (A) of section 4511.1927277
of the Revised Code under circumstances in which the violation was27278
a felony, regardless of when the prior violation and the prior27279
conviction or guilty plea occurred, the offender is guilty of a27280
felony of the third degree. The court shall sentence the offender27281
in accordance with sections 2929.11 to 2929.19 of the Revised Code27282
and shall impose as part of the sentence a mandatory prison term27283
of one hundred twenty consecutive days of imprisonment in27284
accordance with division (G)(2) of section 2929.13 of the Revised27285
Code.27286

       (iii) In addition to all other sanctions imposed on an27287
offender under division (A)(8)(a)(i) or (ii) of this section, the27288
court shall impose upon the offender, pursuant to section 2929.1827289
of the Revised Code, a fine of not less than eight hundred nor27290
more than ten thousand dollars.27291

       In addition to any other sanction that it imposes upon the27292
offender under division (A)(8)(a)(i) or (ii) of this section, the27293
court shall require the offender to attend an alcohol and drug27294
addiction program authorized by section 3793.02 of the Revised27295
Code. The cost of the treatment shall be paid by the offender. If27296
the court determines that the offender is unable to pay the cost27297
of attendance at the treatment program, the court may order that27298
payment of the cost of the offender's attendance at the treatment27299
program be made from the court's indigent drivers alcohol27300
treatment fund.27301

       Of the fine imposed pursuant to this division, two hundred27302
ten dollars shall be paid to an enforcement and education fund27303
established by the legislative authority of the law enforcement27304
agency in this state that primarily was responsible for the arrest27305
of the offender, as determined by the court that imposes the fine.27306
The agency shall use this share to pay only those costs it incurs27307
in enforcing section 4511.19 of the Revised Code or a27308
substantially similar municipal ordinance and in informing the27309
public of the laws governing operation of a motor vehicle while27310
under the influence of alcohol, the dangers of operation of a27311
motor vehicle while under the influence of alcohol, and other27312
information relating to the operation of a motor vehicle and the27313
consumption of alcoholic beverages. Four hundred forty dollars of27314
the fine imposed pursuant to this division shall be paid to the27315
political subdivision that pays the cost of housing the offender27316
during the offender's term of incarceration. The political27317
subdivision shall use this share to pay or reimburse incarceration27318
or treatment costs it incurs in housing or providing drug and27319
alcohol treatment to persons who violate section 4511.19 of the27320
Revised Code or a substantially similar municipal ordinance and to27321
pay for ignition interlock devices and electronic house arrest27322
equipment for persons who violate that section, and this share27323
shall be paid to the credit of the fund that pays the cost of27324
incarceration. The balance of the fine shall be disbursed as27325
otherwise provided by law.27326

       (b) Regardless of whether the vehicle the offender was27327
operating at the time of the offense is registered in the27328
offender's name or in the name of another person, the court, in27329
addition to the sanctions imposed under division (A)(8)(a) of this27330
section and all other sanctions provided by law and subject to27331
section 4503.235 of the Revised Code, shall order the criminal27332
forfeiture to the state of the vehicle the offender was operating27333
at the time of the offense. The order of criminal forfeiture27334
shall be issued and enforced in accordance with section 4503.23427335
of the Revised Code.27336

       (c) As used in division (A)(8)(a) of this section,27337
"mandatory prison term" and "mandatory term of local27338
incarceration" have the same meanings as in section 2929.01 of the27339
Revised Code.27340

       (d) If title to a motor vehicle that is subject to an order27341
for criminal forfeiture under this section is assigned or27342
transferred and division (C)(2) or (3) of section 4503.234 of the27343
Revised Code applies, in addition to or independent of any other27344
penalty established by law, the court may fine the offender the27345
value of the vehicle as determined by publications of the national27346
auto dealer's association. The proceeds from any fine imposed27347
under this division shall be distributed in accordance with27348
division (D)(4) of section 4503.234 of the Revised Code.27349

       (9)(a) Except as provided in division (A)(9)(b) of this27350
section, upon a showing that imprisonment would seriously affect27351
the ability of an offender sentenced pursuant to division (A)(1),27352
(2), (3), (4), (5), (6), (7), or (8) of this section to continue27353
the offender's employment, the court may authorize that the27354
offender be granted work release from imprisonment after the27355
offender has served the three, six, ten, twenty, thirty, or sixty27356
consecutive days of imprisonment or the mandatory term of local27357
incarceration of sixty or one hundred twenty consecutive days that27358
the court is required by division (A)(1), (2), (3), (4), (5), (6),27359
(7), or (8) of this section to impose. No court shall authorize27360
work release from imprisonment during the three, six, ten, twenty,27361
thirty, or sixty consecutive days of imprisonment or the mandatory27362
term of local incarceration or mandatory prison term of sixty or27363
one hundred twenty consecutive days that the court is required by27364
division (A)(1), (2), (3), (4), (5), (6), (7), or (8) of this27365
section to impose. The duration of the work release shall not27366
exceed the time necessary each day for the offender to commute to27367
and from the place of employment and the place of imprisonment and27368
the time actually spent under employment.27369

       (b) An offender who is sentenced pursuant to division27370
(A)(2), (3), (6), or (7) of this section to a term of imprisonment27371
followed by a period of electronically monitored house arrest is27372
not eligible for work release from imprisonment, but that person27373
shall be permitted work release during the period of27374
electronically monitored house arrest. The duration of the work27375
release shall not exceed the time necessary each day for the27376
offender to commute to and from the place of employment and the27377
offender's home or other place specified by the sentencing court27378
and the time actually spent under employment.27379

       (10) Notwithstanding any section of the Revised Code that27380
authorizes the suspension of the imposition or execution of a27381
sentence, the placement of an offender in any treatment program in27382
lieu of imprisonment, or the use of a community control sanction27383
for an offender convicted of a felony, no court shall suspend the27384
ten, twenty, thirty, or sixty consecutive days of imprisonment27385
required to be imposed on an offender by division (A)(2), (3),27386
(6), or (7) of this section, no court shall place an offender who27387
is sentenced pursuant to division (A)(2), (3), (4), (6), (7), or27388
(8) of this section in any treatment program in lieu of27389
imprisonment until after the offender has served the ten, twenty,27390
thirty, or sixty consecutive days of imprisonment or the mandatory27391
term of local incarceration or mandatory prison term of sixty or27392
one hundred twenty consecutive days required to be imposed27393
pursuant to division (A)(2), (3), (4), (6), (7), or (8) of this27394
section, no court that sentences an offender under division (A)(4)27395
or (8) of this section shall impose any sanction other than a27396
mandatory term of local incarceration or mandatory prison term to27397
apply to the offender until after the offender has served the27398
mandatory term of local incarceration or mandatory prison term of27399
sixty or one hundred twenty consecutive days required to be27400
imposed pursuant to division (A)(4) or (8) of this section, and no27401
court that imposes a sentence of imprisonment and a period of27402
electronically monitored house arrest upon an offender under27403
division (A)(2), (3), (6), or (7) of this section shall suspend27404
any portion of the sentence or place the offender in any treatment27405
program in lieu of imprisonment or electronically monitored house27406
arrest. Notwithstanding any section of the Revised Code that27407
authorizes the suspension of the imposition or execution of a27408
sentence or the placement of an offender in any treatment program27409
in lieu of imprisonment, no court, except as specifically27410
authorized by division (A)(1) or (5) of this section, shall27411
suspend the three or more consecutive days of imprisonment27412
required to be imposed by division (A)(1) or (5) of this section27413
or place an offender who is sentenced pursuant to division (A)(1)27414
or (5) of this section in any treatment program in lieu of27415
imprisonment until after the offender has served the three or more27416
consecutive days of imprisonment required to be imposed pursuant27417
to division (A)(1) or (5) of this section.27418

       (11) No court shall sentence an offender to an alcohol27419
treatment program pursuant to division (A)(1), (2), (3), (4), (5),27420
(6), (7), or (8) of this section unless the treatment program27421
complies with the minimum standards adopted pursuant to Chapter27422
3793. of the Revised Code by the director of alcohol and drug27423
addiction services.27424

       (12) No court shall impose the alternative sentence of a27425
term of imprisonment plus a term of electronically monitored house27426
arrest permitted to be imposed by division (A)(2), (3), (6), or27427
(7) of this section, unless within sixty days of the date of27428
sentencing, the court issues a written finding, entered into the27429
record, that due to the unavailability of space at the27430
incarceration facility where the offender is required to serve the27431
term of imprisonment imposed upon the offender, the offender will27432
not be able to commence serving the term of imprisonment within27433
the sixty-day period following the date of sentencing. If the27434
court issues such a written finding, the court may impose the27435
alternative sentence comprised of a term of imprisonment and a27436
term of electronically monitored house arrest permitted to be27437
imposed by division (A)(2), (3), (6), or (7) of this section.27438

       (B) Whoever violates section 4511.192, 4511.251, or 4511.8527439
of the Revised Code is guilty of a misdemeanor of the first27440
degree. The court, in addition to or independent of all other27441
penalties provided by law, may suspend for a period not to exceed27442
one year the driver's or commercial driver's license or permit or27443
nonresident operating privilege of any person who pleads guilty to27444
or is convicted of a violation of section 4511.192 of the Revised27445
Code.27446

       (C) Whoever violates section 4511.63, 4511.76, 4511.761,27447
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is27448
guilty of one of the following:27449

       (1) Except as otherwise provided in division (C)(2) of this27450
section, a minor misdemeanor.27451

       (2) If the offender previously has been convicted of or27452
pleaded guilty to one or more violations of section 4511.63,27453
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the27454
Revised Code or a municipal ordinance that is substantially27455
similar to any of those sections, a misdemeanor of the fourth27456
degree.27457

       (D)(1) Whoever violates any provision of sections 4511.01 to27458
4511.76 or section 4511.84 of the Revised Code, for which no27459
penalty otherwise is provided in thisthe section violated is27460
guilty of one of the following:27461

       (a)(A) Except as otherwise provided in division (D)(1)(b),27462
(1)(c), (2), (3),(B) or (4)(C) of this section, a minor27463
misdemeanor;27464

       (b)(B) If, within one year of the offense, the offender27465
previously has been convicted of or pleaded guilty to one27466
violation of any provision of sections 4511.01 to 4511.76 or27467
section 4511.84 of the Revised Code for which no penalty otherwise27468
is provided in this section or a municipal ordinance that is27469
substantially similar to any provision of sections 4511.01 to27470
4511.76 or section 4511.84 of the Revised Code for which no27471
penalty otherwise is provided in this sectionpredicate motor27472
vehicle or traffic offense, a misdemeanor of the fourth degree;27473

       (c)(C) If, within one year of the offense, the offender27474
previously has been convicted of or pleaded guilty to two or more27475
violations of any provision described in division (D)(1)(b) of27476
this section or any municipal ordinance that is substantially27477
similar to any of those provisionspredicate motor vehicle or27478
traffic offenses, a misdemeanor of the third degree.27479

       (2) When any person is found guilty of a first offense for a27480
violation of section 4511.21 of the Revised Code upon a finding27481
that the person operated a motor vehicle faster than thirty-five27482
miles an hour in a business district of a municipal corporation,27483
or faster than fifty miles an hour in other portions, or faster27484
than thirty-five miles an hour while passing through a school zone27485
during recess or while children are going to or leaving school27486
during the opening or closing hours, the person is guilty of a27487
misdemeanor of the fourth degree.27488

       (3) Notwithstanding section 2929.21 of the Revised Code,27489
upon a finding that such person operated a motor vehicle in a27490
construction zone where a sign was then posted in accordance with27491
section 4511.98 of the Revised Code, the court, in addition to all27492
other penalties provided by law, shall impose a fine of two times27493
the usual amount imposed for the violation. No court shall impose27494
a fine of two times the usual amount imposed for the violation27495
upon an offender who alleges, in an affidavit filed with the court27496
prior to the offender's sentencing, that the offender is indigent27497
and is unable to pay the fine imposed pursuant to this division,27498
provided the court determines the offender is an indigent person27499
and is unable to pay the fine.27500

       (4) Notwithstanding section 2929.21 of the Revised Code,27501
upon a finding that a person operated a motor vehicle in violation27502
of division (C) of section 4511.213 of the Revised Code, the27503
court, in addition to all other penalties provided by law, shall27504
impose a fine of two times the usual amount imposed for the27505
violation.27506

       (E) Whenever a person is found guilty in a court of record27507
of a violation of section 4511.761, 4511.762, or 4511.77 of the27508
Revised Code, the trial judge, in addition to or independent of27509
all other penalties provided by law, may suspend for any period of27510
time not exceeding three years, or revoke the license of any27511
person, partnership, association, or corporation, issued under27512
section 4511.763 of the Revised Code.27513

       (F) Whoever violates division (E) or (F) of section 4511.51,27514
division (A), (D), or (E) of section 4511.521, section 4511.681,27515
division (A) or (C) of section 4511.69, section 4511.772, or27516
division (A) or (B) of section 4511.82 of the Revised Code is27517
guilty of a minor misdemeanor.27518

       (G) Whoever violates division (A) of section 4511.75 of the27519
Revised Code may be fined an amount not to exceed five hundred27520
dollars. A person who is issued a citation for a violation of27521
division (A) of section 4511.75 of the Revised Code is not27522
permitted to enter a written plea of guilty and waive the person's27523
right to contest the citation in a trial, but instead must appear27524
in person in the proper court to answer the charge.27525

       (H)(1) Whoever is a resident of this state and violates27526
division (A) or (B) of section 4511.81 of the Revised Code shall27527
be punished as follows:27528

       (a) Except as otherwise provided in division (H)(1)(b) of27529
this section, the offender is guilty of a minor misdemeanor.27530

       (b) If the offender previously has been convicted of or27531
pleaded guilty to a violation of division (A) or (B) of section27532
4511.81 of the Revised Code or of a municipal ordinance that is27533
substantially similar to either of those divisions, the offender27534
is guilty of a misdemeanor of the fourth degree.27535

       (2) Whoever is not a resident of this state, violates27536
division (A) or (B) of section 4511.81 of the Revised Code, and27537
fails to prove by a preponderance of the evidence that the27538
offender's use or nonuse of a child restraint system was in27539
accordance with the law of the state of which the offender is a27540
resident is guilty of a minor misdemeanor on a first offense; on a27541
second or subsequent offense, that person is guilty of a27542
misdemeanor of the fourth degree.27543

       (3) All fines imposed pursuant to division (H)(1) or (2) of27544
this section shall be forwarded to the treasurer of state for27545
deposit in the "child highway safety fund" created by division (G)27546
of section 4511.81 of the Revised Code.27547

       (I) Whoever violates section 4511.202 of the Revised Code is27548
guilty of operating a motor vehicle without being in control of27549
it, a minor misdemeanor.27550

       (J) Whoever violates division (B) of section 4511.74,27551
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of27552
section 4511.83 of the Revised Code is guilty of a misdemeanor of27553
the first degree.27554

       (K) Except as otherwise provided in this division, whoever27555
violates division (E) of section 4511.11, division (A) or (C) of27556
section 4511.17, or section 4511.18 of the Revised Code is guilty27557
of a misdemeanor of the third degree. If a violation of division27558
(A) or (C) of section 4511.17 of the Revised Code creates a risk27559
of physical harm to any person, the offender is guilty of a27560
misdemeanor of the first degree. A violation of division (A) or27561
(C) of section 4511.17 of the Revised Code that causes serious27562
physical harm to property that is owned, leased, or controlled by27563
a state or local authority is a felony of the fifth degree.27564

       (L) Whoever violates division (H) of section 4511.69 of the27565
Revised Code shall be punished as follows:27566

       (1) Except as otherwise provided in division (L)(2) of this27567
section, the offender shall be issued a warning.27568

       (2) If the offender previously has been convicted of or27569
pleaded guilty to a violation of division (H) of section 4511.6927570
of the Revised Code or of a municipal ordinance that is27571
substantially similar to that division, the offender shall not be27572
issued a warning but shall be fined twenty-five dollars for each27573
parking location that is not properly marked or whose markings are27574
not properly maintained.27575

       (M) Whoever violates division (A)(1) or (2) of section27576
4511.45 of the Revised Code is guilty of a misdemeanor of the27577
fourth degree on a first offense; on a second offense within one27578
year after the first offense, the person is guilty of a27579
misdemeanor of the third degree; and on each subsequent offense27580
within one year after the first offense, the person is guilty of a27581
misdemeanor of the second degree.27582

       (N)(1) Whoever violates division (B) of section 4511.19 of27583
the Revised Code is guilty of operating a motor vehicle after27584
under-age alcohol consumption and shall be punished as follows:27585

       (a) Except as otherwise provided in division (N)(1)(b) of27586
this section, the offender is guilty of a misdemeanor of the27587
fourth degree.27588

       (b) The offender is guilty of a misdemeanor of the third27589
degree if, within one year of the offense, the offender has been27590
convicted of or pleaded guilty to any violation of the following:27591

       (i) Division (A) or (B) of section 4511.19 of the Revised27592
Code;27593

       (ii) A municipal ordinance relating to operating a vehicle27594
while under the influence of alcohol, a drug of abuse, or alcohol27595
and a drug of abuse;27596

       (iii) A municipal ordinance relating to operating a vehicle27597
with a prohibited concentration of alcohol in the blood, breath,27598
or urine;27599

       (iv) Section 2903.04 of the Revised Code in a case in which27600
the offender was subject to the sanctions described in division27601
(D) of that section;27602

       (v) Division (A)(1) of section 2903.06 or division (A)(1) of27603
section 2903.08 of the Revised Code or a municipal ordinance that27604
is substantially similar to either of those divisions;27605

       (vi) Division (A)(2), (3), or (4) of section 2903.06 or27606
division (A)(2) of section 2903.08 of the Revised Code or a27607
municipal ordinance that is substantially similar to any of those27608
divisions, or former section 2903.07 of the Revised Code or a27609
substantially similar municipal ordinance, in a case in which the27610
jury or judge found that the offender was under the influence of27611
alcohol, a drug of abuse, or alcohol and a drug of abuse;27612

       (vii) A statute of the United States or of any other state27613
or a municipal ordinance of a municipal corporation located in any27614
other state that is substantially similar to division (A) or (B)27615
of section 4511.19 of the Revised Code.27616

       (2) In addition to or independent of all other penalties27617
provided by law, the offender's driver's or commercial driver's27618
license or permit or nonresident operating privilege shall be27619
suspended in accordance with, and for the period of time specified27620
in, division (E) of section 4507.16 of the Revised Code.27621

       (O) Whoever violates section 4511.62 of the Revised Code is27622
guilty of a misdemeanor of the fourth degree.27623

       (P) Whoever violates division (F)(1)(a) or (b) of section27624
4511.69 of the Revised Code is guilty of a misdemeanor and shall27625
be fined not less than two hundred fifty nor more than five27626
hundred dollars, but in no case shall an offender be sentenced to27627
any term of imprisonment.27628

       Arrest or conviction for a violation of division (F)(1)(a) or27629
(b) of section 4511.69 of the Revised Code does not constitute a27630
criminal record and need not be reported by the person so arrested27631
or convicted in response to any inquiries contained in any27632
application for employment, license, or other right or privilege,27633
or made in connection with the person's appearance as a witness.27634

       Every fine collected under this division shall be paid by the27635
clerk of the court to the political subdivision in which the27636
violation occurred. Except as provided in this division, the27637
political subdivision shall use the fine moneys it receives under27638
this division to pay the expenses it incurs in complying with the27639
signage and notice requirements contained in division (E) of27640
section 4511.69 of the Revised Code. The political subdivision27641
may use up to fifty per cent of each fine it receives under this27642
division to pay the costs of educational, advocacy, support, and27643
assistive technology programs for persons with disabilities, and27644
for public improvements within the political subdivision that27645
benefit or assist persons with disabilities, if governmental27646
agencies or nonprofit organizations offer the programs.27647

       Sec. 4513.02.  (A) No person shall drive or move, or cause27648
or knowingly permit to be driven or moved, on any highway any27649
vehicle or combination of vehicles which is in such unsafe27650
condition as to endanger any person.27651

       (B) When directed by any state highway patrol trooper, the27652
operator of any motor vehicle shall stop and submit such motor27653
vehicle to an inspection under division (B)(1) or (2) of this27654
section, as appropriate, and such tests as are necessary.27655

       (1) Any motor vehicle not subject to inspection by the27656
public utilities commission shall be inspected and tested to27657
determine whether it is unsafe or not equipped as required by law,27658
or that its equipment is not in proper adjustment or repair, or in27659
violation of the equipment provisions of Chapter 4513. of the27660
Revised Code.27661

       Such inspection shall be made with respect to the brakes,27662
lights, turn signals, steering, horns and warning devices, glass,27663
mirrors, exhaust system, windshield wipers, tires, and such other27664
items of equipment as designated by the superintendent of the27665
state highway patrol by rule or regulation adopted pursuant to27666
sections 119.01 to 119.13 of the Revised Code.27667

       Upon determining that a motor vehicle is in safe operating27668
condition and its equipment in conformity with Chapter 4513. of27669
the Revised Code, the inspecting officer shall issue to the27670
operator an official inspection sticker, which shall be in such27671
form as the superintendent prescribes except that its color shall27672
vary from year to year.27673

       (2) Any motor vehicle subject to inspection by the public27674
utilities commission shall be inspected and tested in accordance27675
with rules adopted by the commission. Upon determining that the27676
vehicle and operator are in compliance with rules adopted by the27677
commission, the inspecting officer shall issue to the operator an27678
appropriate official inspection sticker.27679

       (C) The superintendent of the state highway patrol, pursuant27680
to sections 119.01 to 119.13 of the Revised Code, shall determine27681
and promulgate standards for any inspection program conducted by a27682
political subdivision of this state. These standards shall exempt27683
licensed collector's vehicles and historical motor vehicles from27684
inspection. Any motor vehicle bearing a valid certificate of27685
inspection issued by another state or a political subdivision of27686
this state whose inspection program conforms to the27687
superintendent's standards, and any licensed collector's vehicle27688
or historical motor vehicle which is not in a condition which27689
endangers the safety of persons or property, shall be exempt from27690
the tests provided in division (B) of this section.27691

       (D) Every person, firm, association, or corporation that, in27692
the conduct of its business, owns and operates not less than27693
fifteen motor vehicles in this state that are not subject to27694
regulation by the public utilities commission and that, for the27695
purpose of storing, repairing, maintaining, and servicing such27696
motor vehicles, equips and operates one or more service27697
departments within this state, may file with the superintendent of27698
the state highway patrol applications for permits for such service27699
departments as official inspection stations for its own motor27700
vehicles. Upon receiving an application for each such service27701
department, and after determining that it is properly equipped and27702
has competent personnel to perform the inspections referred to in27703
this section, the superintendent shall issue the necessary27704
inspection stickers and permit to operate as an official27705
inspection station. Any such person who has had one or more27706
service departments so designated as official inspection stations27707
may have motor vehicles that are owned and operated by the person27708
and that are not subject to regulation by the public utilities27709
commission, excepting private passenger cars owned by the person27710
or the person's employees, inspected at such service department;27711
and any motor vehicle bearing a valid certificate of inspection27712
issued by such service department shall be exempt from the tests27713
provided in division (B) of this section.27714

       No permit for an official inspection station shall be27715
assigned or transferred or used at any location other than therein27716
designated, and every such permit shall be posted in a conspicuous27717
place at the location designated.27718

       If a person, firm, association, or corporation owns and27719
operates fifteen or more motor vehicles in the conduct of business27720
and is subject to regulation by the public utilities commission,27721
that person, firm, association, or corporation is not eligible to27722
apply to the superintendent for permits to enable any of its27723
service departments to serve as official inspection stations for27724
its own motor vehicles.27725

       (E) When any motor vehicle is found to be unsafe for27726
operation, the inspecting officer may order it removed from the27727
highway and not operated, except for purposes of removal and27728
repair, until it has been repaired pursuant to a repair order as27729
provided in division (F) of this section.27730

       (F) When any motor vehicle is found to be defective or in27731
violation of Chapter 4513. of the Revised Code, the inspecting27732
officer may issue a repair order, in such form and containing such27733
information as the superintendent shall prescribe, to the owner or27734
operator of the motor vehicle. The owner or operator shall27735
thereupon obtain such repairs as are required and shall, as27736
directed by the inspecting officer, return the repair order27737
together with proof of compliance with its provisions. When any27738
motor vehicle or operator subject to rules of the public utilities27739
commission fails the inspection, the inspecting officer shall27740
issue an appropriate order to obtain compliance with such rules.27741

       (G) Sections 4513.01 to 4513.37 of the Revised Code, with27742
respect to equipment on vehicles, do not apply to implements of27743
husbandry, road machinery, road rollers, or agricultural tractors27744
except as made applicable to such articles of machinery.27745

       (H)Except as otherwise provided in this division, whoever27746
violates this section is guilty of a minor misdemeanor. If the27747
offender previously has been convicted of a violation of this27748
section, whoever violates this section is guilty of a misdemeanor27749
of the third degree.27750

       Sec. 4513.021.  (A) As used in this section:27751

       (1) "Passenger car" means any motor vehicle with motive27752
power, designed for carrying ten persons or less, except a27753
multipurpose passenger vehicle or motorcycle.27754

       (2) "Multipurpose passenger vehicle" means a motor vehicle27755
with motive power, except a motorcycle, designed to carry ten27756
persons or less, that is constructed either on a truck chassis or27757
with special features for occasional off-road operation.27758

       (3) "Truck" means every motor vehicle, except trailers and27759
semitrailers, designed and used to carry property and having a27760
gross vehicle weight rating of ten thousand pounds or less.27761

       (4) "Manufacturer" has the same meaning as in section27762
4501.01 of the Revised Code.27763

       (5) "Gross vehicle weight rating" means the manufacturer's27764
gross vehicle weight rating established for that vehicle.27765

       (B) The director of public safety, in accordance with27766
Chapter 119. of the Revised Code, shall adopt rules in conformance27767
with standards of the vehicle equipment safety commission, that27768
shall govern the maximum bumper height or, in the absence of27769
bumpers and in cases where bumper heights have been lowered or27770
modified, the maximum height to the bottom of the frame rail, of27771
any passenger car, multipurpose passenger vehicle, or truck.27772

       (C) No person shall operate upon a street or highway any27773
passenger car, multipurpose passenger vehicle, or truck registered27774
in this state that does not conform to the requirements of this27775
section or to any applicable rule adopted pursuant to this27776
section.27777

       (D) No person shall modify any motor vehicle registered in27778
this state in such a manner as to cause the vehicle body or27779
chassis to come in contact with the ground, expose the fuel tank27780
to damage from collision, or cause the wheels to come in contact27781
with the body under normal operation, and no person shall27782
disconnect any part of the original suspension system of the27783
vehicle to defeat the safe operation of that system.27784

       (E) Nothing contained in this section or in the rules27785
adopted pursuant to this section shall be construed to prohibit27786
either of the following:27787

       (1) The installation upon a passenger car, multipurpose27788
passenger vehicle, or truck registered in this state of heavy duty27789
equipment, including shock absorbers and overload springs;27790

       (2) The operation on a street or highway of a passenger car,27791
multipurpose passenger vehicle, or truck registered in this state27792
with normal wear to the suspension system if the normal wear does27793
not adversely affect the control of the vehicle.27794

       (F) This section and the rules adopted pursuant to it do not27795
apply to any specially designed or modified passenger car,27796
multipurpose passenger vehicle, or truck when operated off a27797
street or highway in races and similar events.27798

       (G)Except as otherwise provided in this division, whoever27799
violates this section is guilty of a minor misdemeanor. If the27800
offender previously has been convicted of a violation of this27801
section, whoever violates this section is guilty of a misdemeanor27802
of the third degree.27803

       Sec. 4513.022.  (A) As part of the motor vehicle inspection27804
conducted pursuant to section 4513.02 of the Revised Code, the27805
state highway patrol trooper shall request that the owner or27806
operator of the motor vehicle produce proof that the owner27807
maintains or has maintained on the owner's behalf, proof of27808
financial responsibility as required by section 4509.101 of the27809
Revised Code.27810

       (B) A state highway patrol trooper shall indicate on every27811
traffic ticket issued pursuant to a motor vehicle inspection27812
whether the person receiving the traffic ticket produced proof of27813
the maintenance of financial responsibility in response to the27814
state highway patrol trooper's request. The state highway patrol27815
trooper shall inform every person who receives a traffic ticket27816
and who has failed to produce proof of the maintenance of27817
financial responsibility at the time of the motor vehicle27818
inspection that the person must submit proof to the traffic27819
violations bureau with any payment of a fine and costs for the27820
ticketed violation or, if the person is to appear in court for the27821
violation, the person must submit proof to the court.27822

       (C)(1) If a person who has failed to produce proof of the27823
maintenance of financial responsibility appears in court for a27824
ticketed violation, the court may permit the defendant to present27825
evidence of proof of financial responsibility to the court at such27826
time and in such manner as the court determines to be necessary or27827
appropriate. The clerk of courts shall provide the registrar with27828
the identity of any person who fails to submit proof of the27829
maintenance of financial responsibility pursuant to division (B)27830
of this section.27831

       (2) If a person who has failed to present proof of the27832
maintenance of financial responsibility also fails to submit that27833
proof to the traffic violations bureau, the traffic violations27834
bureau shall notify the registrar of the identity of that person.27835

       (3) Upon receiving notice from a clerk of courts or a27836
traffic violation bureau pursuant to division (C) of this section,27837
the registrar shall proceed against these persons under division27838
(D) of section 4509.101 of the Revised Code in the same manner as27839
the registrar proceeds against persons identified by the clerk of27840
courts under division (D)(4) of section 4509.101 of the Revised27841
Code.27842

       (D) A state highway patrol trooper may charge an owner or27843
operator of a motor vehicle with a violation if division (B)(1) of27844
section 4507.024510.16 of the Revised Code when the operator27845
fails to produce proof of the maintenance of financial27846
responsibility upon the state highway patrol trooper's request27847
under division (A) of this section, if a check of the owner or27848
operator's driving record indicates that the owner or operator,27849
at the time of the motor vehicle inspection, is required to file27850
and maintain proof of financial responsibility under section27851
4509.45 of the Revised Code for a previous violation of Chapter27852
4509. of the Revised Code.27853

       Sec. 4513.03. (A) Every vehicle upon a street or highway27854
within this state during the time from sunset to sunrise, and at27855
any other time when there are unfavorable atmospheric conditions27856
or when there is not sufficient natural light to render27857
discernible persons, vehicles, and substantial objects on the27858
highway at a distance of one thousand feet ahead, shall display27859
lighted lights and illuminating devices as required by sections27860
4513.04 to 4513.37 of the Revised Code, for different classes of27861
vehicles; except that every motorized bicycle shall display at27862
such times lighted lights meeting the rules adopted by the27863
director of public safety under section 4511.521 of the Revised27864
Code. No motor vehicle, during such times, shall be operated upon27865
a street or highway within this state using only parking lights as27866
illumination.27867

       Whenever in such sections a requirement is declared as to the27868
distance from which certain lamps and devices shall render objects27869
visible, or within which such lamps or devices shall be visible,27870
such distance shall be measured upon a straight level unlighted27871
highway under normal atmospheric conditions unless a different27872
condition is expressly stated.27873

       Whenever in such sections a requirement is declared as to the27874
mounted height of lights or devices, it shall mean from the center27875
of such light or device to the level ground upon which the vehicle27876
stands.27877

       (B) Whoever violates this section shall be punished as27878
provided in section 4513.99 of the Revised Code.27879

       Sec. 4513.04. (A) Every motor vehicle, other than a27880
motorcycle, and every trackless trolley shall be equipped with at27881
least two headlights with at least one near each side of the front27882
of the motor vehicle or trackless trolley.27883

       Every motorcycle shall be equipped with at least one and not27884
more than two headlights.27885

       (B)Whoever violates this section shall be punished as27886
provided in section 4513.99 of the Revised Code.27887

       Sec. 4513.05. (A) Every motor vehicle, trackless trolley,27888
trailer, semitrailer, pole trailer, or vehicle which is being27889
drawn at the end of a train of vehicles shall be equipped with at27890
least one tail light mounted on the rear which, when lighted,27891
shall emit a red light visible from a distance of five hundred27892
feet to the rear, provided that in the case of a train of vehicles27893
only the tail light on the rearmost vehicle need be visible from27894
the distance specified.27895

       Either a tail light or a separate light shall be so27896
constructed and placed as to illuminate with a white light the27897
rear registration plate, when such registration plate is required,27898
and render it legible from a distance of fifty feet to the rear.27899
Any tail light, together with any separate light for illuminating27900
the rear registration plate, shall be so wired as to be lighted27901
whenever the headlights or auxiliary driving lights are lighted,27902
except where separate lighting systems are provided for trailers27903
for the purpose of illuminating such registration plate.27904

       (B)Whoever violates this section shall be punished as27905
provided in section 4513.99 of the Revised Code.27906

       Sec. 4513.06. (A) Every new motor vehicle sold after27907
September 6, 1941, and operated on a highway, other than a27908
commercial tractor, to which a trailer or semitrailer is attached27909
shall carry at the rear, either as a part of the tail lamps or27910
separately, two red reflectors meeting the requirements of this27911
section, except that vehicles of the type mentioned in section27912
4513.07 of the Revised Code shall be equipped with reflectors as27913
required by the regulations provided for in said section.27914

       Every such reflector shall be of such size and27915
characteristics and so maintained as to be visible at night from27916
all distances within three hundred feet to fifty feet from such27917
vehicle.27918

       (B)Whoever violates this section shall be punished as27919
provided in section 4513.99 of the Revised Code.27920

       Sec. 4513.07. (A) The director of public safety shall27921
prescribe and promulgate regulations relating to clearance lights,27922
marker lights, reflectors, and stop lights on bussesbuses,27923
trackless trolleys, trucks, commercial tractors, trailers,27924
semitrailers, and pole trailers, when operated upon any highway,27925
and such vehicles shall be equipped as required by such27926
regulations, and such equipment shall be lighted at all times27927
mentioned in section 4513.03 of the Revised Code, except that27928
clearance lights and side marker lights need not be lighted on any27929
such vehicle when it is operated within a municipal corporation27930
where there is sufficient light to reveal any person or27931
substantial object on the highway at a distance of five hundred27932
feet.27933

       Such equipment shall be in addition to all other lights27934
specifically required by sections 4513.03 to 4513.16 of the27935
Revised Code.27936

       Vehicles operated under the jurisdiction of the public27937
utilities commission are not subject to this section.27938

       (B)Whoever violates this section shall be punished as27939
provided in section 4513.99 of the Revised Code.27940

       Sec. 4513.071. (A) Every motor vehicle, trailer,27941
semitrailer, and pole trailer when operated upon a highway shall27942
be equipped with two or more stop lights, except that passenger27943
cars manufactured or assembled prior to January 1, 1967,27944
motorcycles, and motor-driven cycles shall be equipped with at27945
least one stop light. Stop lights shall be mounted on the rear of27946
the vehicle, actuated upon application of the service brake, and27947
may be incorporated with other rear lights. Such stop lights when27948
actuated shall emit a red light visible from a distance of five27949
hundred feet to the rear, provided that in the case of a train of27950
vehicles only the stop lights on the rear-most vehicle need be27951
visible from the distance specified.27952

       Such stop lights when actuated shall give a steady warning27953
light to the rear of a vehicle or train of vehicles to indicate27954
the intention of the operator to diminish the speed of or stop a27955
vehicle or train of vehicles.27956

       When stop lights are used as required by this section, they27957
shall be constructed or installed so as to provide adequate and27958
reliable illumination and shall conform to the appropriate rules27959
and regulations established under section 4513.19 of the Revised27960
Code.27961

       Historical motor vehicles as defined in section 4503.181 of27962
the Revised Code, not originally manufactured with stop lights,27963
are not subject to this section.27964

       (B) Whoever violates this section shall be punished as27965
provided in section 4513.99 of the Revised Code.27966

       Sec. 4513.09. (A) Whenever the load upon any vehicle27967
extends to the rear four feet or more beyond the bed or body of27968
such vehicle, there shall be displayed at the extreme rear end of27969
the load, at the times specified in section 4513.03 of the Revised27970
Code, a red light or lantern plainly visible from a distance of at27971
least five hundred feet to the sides and rear. The red light or27972
lantern required by this section is in addition to the red rear27973
light required upon every vehicle. At any other time there shall27974
be displayed at the extreme rear end of such load a red flag or27975
cloth not less than sixteen inches square.27976

       (B)Whoever violates this section shall be punished as27977
provided in section 4513.99 of the Revised Code.27978

       Sec. 4513.10. (A) Except in case of an emergency, whenever27979
a vehicle is parked or stopped upon a roadway open to traffic or a27980
shoulder adjacent thereto, whether attended or unattended, during27981
the times mentioned in section 4513.03 of the Revised Code, such27982
vehicle shall be equipped with one or more lights which shall27983
exhibit a white or amber light on the roadway side visible from a27984
distance of five hundred feet to the front of such vehicle, and a27985
red light visible from a distance of five hundred feet to the27986
rear. No lights need be displayed upon any such vehicle when it27987
is stopped or parked within a municipal corporation where there is27988
sufficient light to reveal any person or substantial object within27989
a distance of five hundred feet upon such highway. Any lighted27990
headlights upon a parked vehicle shall be depressed or dimmed.27991

       (B)Whoever violates this section shall be punished as27992
provided in section 4513.99 of the Revised Code.27993

       Sec. 4513.11.  (A) All vehicles other than bicycles,27994
including animal-drawn vehicles and vehicles referred to in27995
division (G) of section 4513.02 of the Revised Code, not27996
specifically required to be equipped with lamps or other lighting27997
devices by sections 4513.03 to 4513.10 of the Revised Code, shall,27998
at the times specified in section 4513.03 of the Revised Code, be27999
equipped with at least one lamp displaying a white light visible28000
from a distance of not less than one thousand feet to the front of28001
the vehicle, and also shall be equipped with two lamps displaying28002
red light visible from a distance of not less than one thousand28003
feet to the rear of the vehicle, or as an alternative, one lamp28004
displaying a red light visible from a distance of not less than28005
one thousand feet to the rear and two red reflectors visible from28006
all distances of six hundred feet to one hundred feet to the rear28007
when illuminated by the lawful lower beams of headlamps.28008

       Lamps and reflectors required or authorized by this section28009
shall meet standards adopted by the director of public safety.28010

       (B) All boat trailers, farm machinery, and other machinery,28011
including all road construction machinery, upon a street or28012
highway, except when being used in actual construction and28013
maintenance work in an area guarded by a flagperson, or where28014
flares are used, or when operating or traveling within the limits28015
of a construction area designated by the director of28016
transportation, a city engineer, or the county engineer of the28017
several counties, when such construction area is marked in28018
accordance with requirements of the director and the manual of28019
uniform traffic control devices, as set forth in section 4511.0928020
of the Revised Code, which is designed for operation at a speed of28021
twenty-five miles per hour or less shall be operated at a speed28022
not exceeding twenty-five miles per hour, and shall display a28023
triangular slow-moving vehicle emblem (SMV). The emblem shall be28024
mounted so as to be visible from a distance of not less than five28025
hundred feet to the rear. The director of public safety shall28026
adopt standards and specifications for the design and position of28027
mounting the SMV emblem. The standards and specifications for SMV28028
emblems referred to in this section shall correlate with and, so28029
far as possible, conform with those approved by the American28030
society of agricultural engineers.28031

       As used in this division, "machinery" does not include any28032
vehicle designed to be drawn by an animal.28033

       (C) The use of the SMV emblem shall be restricted to28034
animal-drawn vehicles, and to the slow-moving vehicles specified28035
in division (B) of this section operating or traveling within the28036
limits of the highway. Its use on slow-moving vehicles being28037
transported upon other types of vehicles or on any other type of28038
vehicle or stationary object on the highway is prohibited.28039

       (D) No person shall sell, lease, rent, or operate any boat28040
trailer, farm machinery, or other machinery defined as a28041
slow-moving vehicle in division (B) of this section, except those28042
units designed to be completely mounted on a primary power unit,28043
which is manufactured or assembled on or after April 1, 1966,28044
unless the vehicle is equipped with a slow-moving vehicle emblem28045
mounting device as specified in division (B) of this section.28046

       (E) Any boat trailer, farm machinery, or other machinery28047
defined as a slow-moving vehicle in division (B) of this section,28048
in addition to the use of the slow-moving vehicle emblem, may be28049
equipped with a red flashing light that shall be visible from a28050
distance of not less than one thousand feet to the rear at all28051
times specified in section 4513.03 of the Revised Code. When a28052
double-faced light is used, it shall display amber light to the28053
front and red light to the rear.28054

       In addition to the lights described in this division, farm28055
machinery and motor vehicles escorting farm machinery may display28056
a flashing, oscillating, or rotating amber light, as permitted by28057
section 4513.17 of the Revised Code, and also may display28058
simultaneously flashing turn signals or warning lights, as28059
permitted by that section.28060

       (F) Every animal-drawn vehicle upon a street or highway28061
shall at all times be equipped in one of the following ways:28062

       (1) With a slow-moving vehicle emblem complying with28063
division (B) of this section;28064

       (2) With alternate reflective material complying with rules28065
adopted under this division;28066

       (3) With both a slow-moving vehicle emblem and alternate28067
reflective material as specified in this division.28068

       The director of public safety, subject to Chapter 119. of the28069
Revised Code, shall adopt rules establishing standards and28070
specifications for the position of mounting of the alternate28071
reflective material authorized by this division. The rules shall28072
permit, as a minimum, the alternate reflective material to be28073
black, gray, or silver in color. The alternate reflective28074
material shall be mounted on the animal-drawn vehicle so as to be28075
visible, at all times specified in section 4513.03 of the Revised28076
Code, from a distance of not less than five hundred feet to the28077
rear when illuminated by the lawful lower beams of headlamps.28078

       (G) Whoever violates this section shall be punished as28079
provided in section 4513.99 of the Revised Code.28080

       (H) As used in this section, "boat trailer" means any28081
vehicle designed and used exclusively to transport a boat between28082
a place of storage and a marina, or in and around a marina, when28083
drawn or towed on a street or highway for a distance of no more28084
than ten miles and at a speed of twenty-five miles per hour or28085
less.28086

       Sec. 4513.111.  (A)(1) Every multi-wheel agricultural28087
tractor whose model year was 2001 or earlier, when being operated28088
or traveling on a street or highway at the times specified in28089
section 4513.03 of the Revised Code, at a minimum shall be28090
equipped with and display reflectors and illuminated amber lamps28091
so that the extreme left and right projections of the tractor are28092
indicated by flashing lamps displaying amber light, visible to the28093
front and the rear, by amber reflectors, all visible to the front,28094
and by red reflectors, all visible to the rear.28095

       (2) The lamps displaying amber light need not flash28096
simultaneously and need not flash in conjunction with any28097
directional signals of the tractor.28098

       (3) The lamps and reflectors required by division (A)(1) of28099
this section and their placement shall meet standards and28100
specifications contained in rules adopted by the director of28101
public safety in accordance with Chapter 119. of the Revised Code.28102
The rules governing the amber lamps, amber reflectors, and red28103
reflectors and their placement shall correlate with and, as far as28104
possible, conform with paragraphs 4.1.4.1, 4.1.7.1, and 4.1.7.228105
respectively of the American society of agricultural engineers28106
standard ANSI/ASAE S279.10 OCT98, lighting and marking of28107
agricultural equipment on highways.28108

       (B) Every unit of farm machinery whose model year was 200228109
or later, when being operated or traveling on a street or highway28110
at the times specified in section 4513.03 of the Revised Code,28111
shall be equipped with and display markings and illuminated lamps28112
that meet or exceed the lighting, illumination, and marking28113
standards and specifications that are applicable to that type of28114
farm machinery for the unit's model year specified in the American28115
society of agricultural engineers standard ANSI/ASAE S279.1028116
OCT98, lighting and marking of agricultural equipment on highways.28117

       (C) The lights and reflectors required by division (A) of28118
this section are in addition to the slow-moving vehicle emblem and28119
lights required or permitted by section 4513.11 or 4513.17 of the28120
Revised Code to be displayed on farm machinery being operated or28121
traveling on a street or highway.28122

       (D) No person shall operate any unit of farm machinery on a28123
street or highway or cause any unit of farm machinery to travel on28124
a street or highway in violation of division (A) or (B) of this28125
section.28126

       (E) Whoever violates this section shall be punished as28127
provided in section 4513.99 of the Revised Code.28128

       Sec. 4513.12. (A) Any motor vehicle may be equipped with28129
not more than one spotlight and every lighted spotlight shall be28130
so aimed and used upon approaching another vehicle that no part of28131
the high-intensity portion of the beam will be directed to the28132
left of the prolongation of the extreme left side of the vehicle,28133
nor more than one hundred feet ahead of the vehicle.28134

       Any motor vehicle may be equipped with not more than three28135
auxiliary driving lights mounted on the front of the vehicle. The28136
director of public safety shall prescribe specifications for28137
auxiliary driving lights and regulations for their use, and any28138
such lights which do not conform to said specifications and28139
regulations shall not be used.28140

       (B)Whoever violates this section shall be punished as28141
provided in section 4513.99 of the Revised Code.28142

       Sec. 4513.13. (A) Any motor vehicle may be equipped with28143
side cowl or fender lights which shall emit a white or amber light28144
without glare.28145

       Any motor vehicle may be equipped with lights on each side28146
thereof which shall emit a white or amber light without glare.28147

       Any motor vehicle may equipped with back-up lights, either28148
separately or in combination with another light. No back-up28149
lights shall be continuously lighted when the motor vehicle is in28150
forward motion.28151

       (B)Whoever violates this section shall be punished as28152
provided in section 4513.99 of the Revised Code.28153

       Sec. 4513.14. (A) At all times mentioned in section 4513.0328154
of the Revised Code at least two lighted lights shall be28155
displayed, one near each side of the front of every motor vehicle28156
and trackless trolley, except when such vehicle or trackless28157
trolley is parked subject to the regulations governing lights on28158
parked vehicles and trackless trolleys.28159

       The director of public safety shall prescribe and promulgate28160
regulations relating to the design and use of such lights and such28161
regulations shall be in accordance with currently recognized28162
standards.28163

       (B)Whoever violates this section shall be punished as28164
provided in section 4513.99 of the Revised Code.28165

       Sec. 4513.15. (A) Whenever a motor vehicle is being28166
operated on a roadway or shoulder adjacent thereto during the28167
times specified in section 4513.03 of the Revised Code, the driver28168
shall use a distribution of light, or composite beam, directed28169
high enough and of sufficient intensity to reveal persons,28170
vehicles, and substantial objects at a safe distance in advance of28171
the vehicle, subject to the following requirements;28172

       (A)(1) Whenever the driver of a vehicle approaches an28173
oncoming vehicle, such driver shall use a distribution of light,28174
or composite beam, so aimed that the glaring rays are not28175
projected into the eyes of the oncoming driver.28176

       (B)(2) Every new motor vehicle registered in this state,28177
which has multiple-beam road lighting equipment shall be equipped28178
with a beam indicator, which shall be lighted whenever the28179
uppermost distribution of light from the headlights is in use, and28180
shall not otherwise be lighted. Said indicator shall be so28181
designed and located that, when lighted, it will be readily28182
visible without glare to the driver of the vehicle.28183

       (B)Whoever violates this section shall be punished as28184
provided in section 4513.99 of the Revised Code.28185

       Sec. 4513.16. (A) Any motor vehicle may be operated under28186
the conditions specified in section 4513.03 of the Revised Code28187
when it is equipped with two lighted lights upon the front thereof28188
capable of revealing persons and substantial objects seventy-five28189
feet ahead, in lieu of lights required in section 4513.14 of the28190
Revised Code, provided that such vehicle shall not be operated at28191
a speed in excess of twenty miles per hour.28192

       (B)Whoever violates this section shall be punished as28193
provided in section 4513.99 of the Revised Code.28194

       Sec. 4513.17.  (A) Whenever a motor vehicle equipped with28195
headlights also is equipped with any auxiliary lights or spotlight28196
or any other light on the front thereof projecting a beam of an28197
intensity greater than three hundred candle power, not more than a28198
total of five of any such lights on the front of a vehicle shall28199
be lighted at any one time when the vehicle is upon a highway.28200

       (B) Any lighted light or illuminating device upon a motor28201
vehicle, other than headlights, spotlights, signal lights, or28202
auxiliary driving lights, that projects a beam of light of an28203
intensity greater than three hundred candle power, shall be so28204
directed that no part of the beam will strike the level of the28205
roadway on which the vehicle stands at a distance of more than28206
seventy-five feet from the vehicle.28207

       (C)(1) Flashing lights are prohibited on motor vehicles,28208
except as a means for indicating a right or a left turn, or in the28209
presence of a vehicular traffic hazard requiring unusual care in28210
approaching, or overtaking or passing. This prohibition does not28211
apply to emergency vehicles, road service vehicles servicing or28212
towing a disabled vehicle, traffic line stripers, snow plows,28213
rural mail delivery vehicles, vehicles as provided in section28214
4513.182 of the Revised Code, department of transportation28215
maintenance vehicles, funeral hearses, funeral escort vehicles,28216
and similar equipment operated by the department or local28217
authorities, which shall be equipped with and display, when used28218
on a street or highway for the special purpose necessitating such28219
lights, a flashing, oscillating, or rotating amber light, but28220
shall not display a flashing, oscillating, or rotating light of28221
any other color, nor to vehicles or machinery permitted by section28222
4513.11 of the Revised Code to have a flashing red light.28223

       (2) When used on a street or highway, farm machinery and28224
vehicles escorting farm machinery may be equipped with and display28225
a flashing, oscillating, or rotating amber light, and the28226
prohibition contained in division (C)(1) of this section does not28227
apply to such machinery or vehicles. Farm machinery also may28228
display the lights described in section 4513.11 of the Revised28229
Code.28230

       (D) Except a person operating a public safety vehicle, as28231
defined in division (E) of section 4511.01 of the Revised Code, or28232
a school bus, no person shall operate, move, or park upon, or28233
permit to stand within the right-of-way of any public street or28234
highway any vehicle or equipment that is equipped with and28235
displaying a flashing red or a flashing combination red and white28236
light, or an oscillating or rotating red light, or a combination28237
red and white oscillating or rotating light; and except a public28238
law enforcement officer, or other person sworn to enforce the28239
criminal and traffic laws of the state, operating a public safety28240
vehicle when on duty, no person shall operate, move, or park upon,28241
or permit to stand within the right-of-way of any street or28242
highway any vehicle or equipment that is equipped with, or upon28243
which is mounted, and displaying a flashing blue or a flashing28244
combination blue and white light, or an oscillating or rotating28245
blue light, or a combination blue and white oscillating or28246
rotating light.28247

       (E) This section does not prohibit the use of warning lights28248
required by law or the simultaneous flashing of turn signals on28249
disabled vehicles or on vehicles being operated in unfavorable28250
atmospheric conditions in order to enhance their visibility. This28251
section also does not prohibit the simultaneous flashing of turn28252
signals or warning lights either on farm machinery or vehicles28253
escorting farm machinery, when used on a street or highway.28254

       (F)Whoever violates this section shall be punished as28255
provided in section 4513.99 of the Revised Code.28256

       Sec. 4513.171. (A) Notwithstanding any other provision of28257
law, a motor vehicle operated by a coroner, deputy coroner, or28258
coroner's investigator may be equipped with a flashing,28259
oscillating, or rotating red or blue light and a siren, whistle,28260
or bell capable of emitting sound audible under normal conditions28261
from a distance of not less than five hundred feet. Such a28262
vehicle may display the flashing, oscillating, or rotating red or28263
blue light and may give the audible signal of the siren, exhaust28264
whistle, or bell only when responding to a fatality or a fatal28265
motor vehicle accident on a street or highway and only at those28266
locations where the stoppage of traffic impedes the ability of the28267
coroner, deputy coroner, or coroner's investigator to arrive at28268
the site of the fatality.28269

       This section does not relieve a coroner, deputy coroner, or28270
coroner's investigator operating a motor vehicle from the duty to28271
drive with due regard for the safety of all persons and property28272
upon the highway.28273

       (B)Whoever violates this section shall be punished as28274
provided in section 4513.99 of the Revised Code.28275

       Sec. 4513.18. (A) The director of transportation shall28276
adopt standards and specifications applicable to headlights,28277
clearance lights, identification, and other lights, on snow28278
removal equipment when operated on the highways, and on vehicles28279
operating under special permits pursuant to section 4513.34 of the28280
Revised Code, in lieu of the lights otherwise required on motor28281
vehicles. Such standards and specifications may permit the use of28282
flashing lights for purposes of identification on snow removal28283
equipment, and oversize vehicles when in service upon the28284
highways. The standards and specifications for lights referred to28285
in this section shall correlate with and, so far as possible,28286
conform with those approved by the American association of state28287
highway officials.28288

       It is unlawful to operate snow removal equipment on a highway28289
unless the lights thereon comply with and are lighted when and as28290
required by the standards and specifications adopted as provided28291
in this section.28292

       (B)Whoever violates this section shall be punished as28293
provided in section 4513.99 of the Revised Code.28294

       Sec. 4513.182.  (A) No person shall operate any motor28295
vehicle owned, leased, or hired by a nursery school, kindergarten,28296
or day-care center, while transporting preschool children to or28297
from such an institution unless the motor vehicle is equipped with28298
and displaying two amber flashing lights mounted on a bar attached28299
to the top of the vehicle, and a sign bearing the designation28300
"caution--children," which shall be attached to the bar carrying28301
the amber flashing lights in such a manner as to be legible to28302
persons both in front of and behind the vehicle. The lights and28303
sign shall meet standards and specifications adopted by the28304
director of public safety. The director, subject to Chapter 119.28305
of the Revised Code, shall adopt standards and specifications for28306
the lights and sign, which shall include, but are not limited to,28307
requirements for the color and size of lettering to be used on the28308
sign, the type of material to be used for the sign, and the method28309
of mounting the lights and sign so that they can be removed from a28310
motor vehicle being used for purposes other than those specified28311
in this section.28312

       (B) No person shall operate a motor vehicle displaying the28313
lights and sign required by this section for any purpose other28314
than the transportation of preschool children as provided in this28315
section.28316

       (C)Whoever violates this section shall be punished as28317
provided in section 4513.99 of the Revised Code.28318

       Sec. 4513.19. (A) No person shall use any lights mentioned28319
in sections 4513.03 to 4513.18 of the Revised Code, upon any motor28320
vehicle, trailer, or semitrailer unless said lights are equipped,28321
mounted, and adjusted as to focus and aim in accordance with28322
regulations which are prescribed by the director of public safety.28323

       (B)Whoever violates this section shall be punished as28324
provided in section 4513.99 of the Revised Code.28325

       Sec. 4513.20. (A) The following requirements govern as to28326
brake equipment on vehicles:28327

       (A)(1) Every trackless trolley and motor vehicle, other than28328
a motorcycle, when operated upon a highway shall be equipped with28329
brakes adequate to control the movement of and to stop and hold28330
such trackless trolley or motor vehicle, including two separate28331
means of applying the brakes, each of which means shall be28332
effective to apply the brakes to at least two wheels. If these28333
two separate means of applying the brakes are connected in any28334
way, then on such trackless trolleys or motor vehicles28335
manufactured or assembled after January 1, 1942, they shall be so28336
constructed that failure of any one part of the operating28337
mechanism shall not leave the trackless trolley or motor vehicle28338
without brakes on at least two wheels.28339

       (B)(2) Every motorcycle, when operated upon a highway shall28340
be equipped with at least one adequate brake, which may be28341
operated by hand or by foot.28342

       (C)(3) Every motorized bicycle shall be equipped with brakes28343
meeting the rules adopted by the director of public safety under28344
section 4511.521 of the Revised Code.28345

       (D)(4) When operated upon the highways of this state, the28346
following vehicles shall be equipped with brakes adequate to28347
control the movement of and to stop and to hold the vehicle,28348
designed to be applied by the driver of the towing motor vehicle28349
from its cab, and also designed and connected so that, in case of28350
a breakaway of the towed vehicle, the brakes shall be28351
automatically applied:28352

       (1)(a) Every trailer or semitrailer, except a pole trailer,28353
with an empty weight of two thousand pounds or more, manufactured28354
or assembled on or after January 1, 1942;28355

       (2)(b) Every manufactured home or travel trailer with an28356
empty weight of two thousand pounds or more, manufactured or28357
assembled on or after January 1, 2001.28358

       (E)(5) In any combination of motor-drawn trailers or28359
semitrailers equipped with brakes, means shall be provided for28360
applying the rearmost brakes in approximate synchronism with the28361
brakes on the towing vehicle, and developing the required braking28362
effort on the rearmost wheels at the fastest rate; or means shall28363
be provided for applying braking effort first on the rearmost28364
brakes; or both of the above means, capable of being used28365
alternatively, may be employed.28366

       (F)(6) Every vehicle and combination of vehicles, except28367
motorcycles and motorized bicycles, and except trailers and28368
semitrailers of a gross weight of less than two thousand pounds,28369
and pole trailers, shall be equipped with parking brakes adequate28370
to hold the vehicle on any grade on which it is operated, under28371
all conditions of loading, on a surface free from snow, ice, or28372
loose material. The parking brakes shall be capable of being28373
applied in conformance with the foregoing requirements by the28374
driver's muscular effort or by spring action or by equivalent28375
means. Their operation may be assisted by the service brakes or28376
other source of power provided that failure of the service brake28377
actuation system or other power assisting mechanism will not28378
prevent the parking brakes from being applied in conformance with28379
the foregoing requirements. The parking brakes shall be so28380
designed that when once applied they shall remain applied with the28381
required effectiveness despite exhaustion of any source of energy28382
or leakage of any kind.28383

       (G)(7) The same brake drums, brake shoes and lining28384
assemblies, brake shoe anchors, and mechanical brake shoe28385
actuation mechanism normally associated with the wheel brake28386
assemblies may be used for both the service brakes and the parking28387
brakes. If the means of applying the parking brakes and the28388
service brakes are connected in any way, they shall be so28389
constructed that failure of any one part shall not leave the28390
vehicle without operative brakes.28391

       (H)(8) Every trackless trolley, motor vehicle, or28392
combination of motor-drawn vehicles shall be capable at all times28393
and under all conditions of loading of being stopped on a dry,28394
smooth, level road free from loose material, upon application of28395
the service or foot brake, within the following specified28396
distances, or shall be capable of being decelerated at a sustained28397
rate corresponding to these distances:28398

       (1)(a) Trackless trolleys, vehicles, or combinations of28399
vehicles having brakes on all wheels shall come to a stop in28400
thirty feet or less from a speed of twenty miles per hour.28401

       (2)(b) Vehicles or combinations of vehicles not having28402
brakes on all wheels shall come to a stop in forty feet or less28403
from a speed of twenty miles per hour.28404

       (I)(9) All brakes shall be maintained in good working order28405
and shall be so adjusted as to operate as equally as practicable28406
with respect to the wheels on opposite sides of the trackless28407
trolley or vehicle.28408

       (B) Whoever violates this section shall be punished as28409
provided in section 4513.99 of the Revised Code.28410

       Sec. 4513.201.  (A) No hydraulic brake fluid for use in28411
motor vehicles shall be sold in this state if the brake fluid is28412
below the minimum standard of specifications for heavy duty type28413
brake fluid established by the society of automotive engineers and28414
the standard of specifications established by 49 C.F.R. 571.116,28415
as amended.28416

       (B) All manufacturers, packers, or distributors of brake28417
fluid selling such fluid in this state shall state on the28418
containers that the brake fluid therein meets or exceeds the28419
applicable minimum SAE standard of specifications and the standard28420
of specifications established in 49 C.F.R. 571.116, as amended.28421

       (C)Whoever violates this section shall be punished as28422
provided in section 4513.99 of the Revised Code.28423

       Sec. 4513.202.  (A) No brake lining, brake lining material,28424
or brake lining assemblies for use as repair and replacement parts28425
in motor vehicles shall be sold in this state if these items do28426
not meet or exceed the minimum standard of specifications28427
established by the society of automotive engineers and the28428
standard of specifications established in 49 C.F.R. 571.105, as28429
amended, and 49 C.F.R. 571.135, as amended.28430

       (B) All manufacturers or distributors of brake lining, brake28431
lining material, or brake lining assemblies selling these items28432
for use as repair and replacement parts in motor vehicles shall28433
state that the items meet or exceed the applicable minimum28434
standard of specifications.28435

       (C) Whoever violates this section shall be punished as28436
provided in section 4513.99 of the Revised Code.28437

       (D) As used in this section, "minimum standard of28438
specifications" means a minimum standard for brake system or brake28439
component performance that meets the need for motor vehicle safety28440
and complies with the applicable SAE standards and recommended28441
practices, and the federal motor vehicle safety standards that28442
cover the same aspect of performance for any brake lining, brake28443
lining material, or brake lining assemblies.28444

       Sec. 4513.21. (A) Every motor vehicle or trackless trolley28445
when operated upon a highway shall be equipped with a horn which28446
is in good working order and capable of emitting sound audible,28447
under normal conditions, from a distance of not less than two28448
hundred feet.28449

       No motor vehicle or trackless trolley shall be equipped with,28450
nor shall any person use upon a vehicle, any siren, whistle, or28451
bell. Any vehicle may be equipped with a theft alarm signal28452
device which shall be so arranged that it cannot be used as an28453
ordinary warning signal. Every emergency vehicle shall be28454
equipped with a siren, whistle, or bell, capable of emitting sound28455
audible under normal conditions from a distance of not less than28456
five hundred feet and of a type approved by the director of public28457
safety. Such equipment shall not be used except when such vehicle28458
is operated in response to an emergency call or is in the28459
immediate pursuit of an actual or suspected violator of the law,28460
in which case the driver of the emergency vehicle shall sound such28461
equipment when it is necessary to warn pedestrians and other28462
drivers of the approach thereof.28463

       (B)Whoever violates this section shall be punished as28464
provided in section 4513.99 of the Revised Code.28465

       Sec. 4513.22. (A) Every motor vehicle and motorcycle with28466
an internal combustion engine shall at all times be equipped with28467
a muffler which is in good working order and in constant operation28468
to prevent excessive or unusual noise, and no person shall use a28469
muffler cutout, by-pass, or similar device upon a motor vehicle on28470
a highway. Every motorcycle muffler shall be equipped with baffle28471
plates.28472

       No person shall own, operate, or have in histhe person's28473
possession any motor vehicle or motorcycle equipped with a device28474
for producing excessive smoke or gas, or so equipped as to permit28475
oil or any other chemical to flow into or upon the exhaust pipe or28476
muffler of such vehicle, or equipped in any other way to produce28477
or emit smoke or dangerous or annoying gases from any portion of28478
such vehicle, other than the ordinary gases emitted by the exhaust28479
of an internal combustion engine under normal operation.28480

       (B)Whoever violates this section shall be punished as28481
provided in section 4513.99 of the Revised Code.28482

       Sec. 4513.23. (A) Every motor vehicle, motorcycle, and28483
trackless trolley shall be equipped with a mirror so located as to28484
reflect to the operator a view of the highway to the rear of such28485
vehicle, motorcycle, or trackless trolley. Operators of vehicles,28486
motorcycles, streetcars, and trackless trolleys shall have a clear28487
and unobstructed view to the front and to both sides of their28488
vehicles, motorcycles, streetcars, or trackless trolleys and shall28489
have a clear view to the rear of their vehicles, motorcycles,28490
streetcars, or trackless trolleys by mirror.28491

       (B)Whoever violates this section shall be punished as28492
provided in section 4513.99 of the Revised Code.28493

       Sec. 4513.24.  (A) No person shall drive any motor vehicle28494
on a street or highway in this state, other than a motorcycle or28495
motorized bicycle, that is not equipped with a windshield.28496

       (B) No person shall drive any motor vehicle, other than a28497
bus, with any sign, poster, or other nontransparent material upon28498
the front windshield, sidewings, side, or rear windows of such28499
vehicle other than a certificate or other paper required to be28500
displayed by law, except that there may be in the lower left-hand28501
or right-hand corner of the windshield a sign, poster, or decal28502
not to exceed four inches in height by six inches in width. No28503
sign, poster, or decal shall be displayed in the front windshield28504
in such a manner as to conceal the vehicle identification number28505
for the motor vehicle when, in accordance with federal law, that28506
number is located inside the vehicle passenger compartment and so28507
placed as to be readable through the vehicle glazing without28508
moving any part of the vehicle.28509

       (C) The windshield on every motor vehicle, streetcar, and28510
trackless trolley shall be equipped with a device for cleaning28511
rain, snow, or other moisture from the windshield. The device28512
shall be maintained in good working order and so constructed as to28513
be controlled or operated by the operator of the vehicle,28514
streetcar, or trackless trolley.28515

       (D)Whoever violates this section shall be punished as28516
provided in section 4513.99 of the Revised Code.28517

       Sec. 4513.241.  (A) The director of public safety, in28518
accordance with Chapter 119. of the Revised Code, shall adopt28519
rules governing the use of tinted glass, and the use of28520
transparent, nontransparent, translucent, and reflectorized28521
materials in or on motor vehicle windshields, side windows,28522
sidewings, and rear windows that prevent a person of normal vision28523
looking into the motor vehicle from seeing or identifying persons28524
or objects inside the motor vehicle.28525

       (B) The rules adopted under this section may provide for28526
persons who meet either of the following qualifications:28527

       (1) On November 11, 1994, or the effective date of this28528
section or of any rule adopted under this section, own a motor28529
vehicle that does not comformconform to the requirements of this28530
section or of any rule adopted under this section;28531

       (2) Establish residency in this state and are required to28532
register a motor vehicle that does not conform to the requirements28533
of this section or of any rule adopted under this section.28534

       (C) No person shall operate, on any highway or other public28535
or private property open to the public for vehicular travel or28536
parking, lease, or rent any motor vehicle that is registered in28537
this state unless the motor vehicle conforms to the requirements28538
of this section and of any applicable rule adopted under this28539
section.28540

       (D) No person shall install in or on any motor vehicle, any28541
glass or other material that fails to conform to the requirements28542
of this section or of any rule adopted under this section.28543

       (E) No used motor vehicle dealer or new motor vehicle28544
dealer, as defined in section 4517.01 of the Revised Code, shall28545
sell any motor vehicle that fails to conform to the requirements28546
of this section or of any rule adopted under this section.28547

       (F) No reflectorized materials shall be permitted upon or in28548
any front windshield, side windows, sidewings, or rear window.28549

       (G) This section does not apply to the manufacturer's28550
tinting or glazing of motor vehicle windows or windshields that is28551
otherwise in compliance with or permitted by federal motor vehicle28552
safety standard number two hundred five.28553

       (H) With regard to any side window behind a driver's seat or28554
any rear window other than any window on an emergency door, this28555
section does not apply to any school bus used to transport a28556
handicapped child pursuant to a special education program under28557
Chapter 3323. of the Revised Code, whom it is impossible or28558
impractical to transport by regular school bus in the course of28559
regular route transportation provided by a school district. As28560
used in this division, "handicapped child" and "special education28561
program" have the same meanings as in section 3323.01 of the28562
Revised Code.28563

       (I) This section does not apply to any school bus that is to28564
be sold and operated outside this state.28565

       (J)Whoever violates division (C), (D), (E), or (F) of this28566
section is guilty of a minor misdemeanor.28567

       Sec. 4513.242. (A) Notwithstanding section 4513.24 and28568
division (F) of section 4513.241 of the Revised Code or any rule28569
adopted thereunder, a decal, whether reflectorized or not, may be28570
displayed upon any side window or sidewing of a motor vehicle if28571
all of the following are met:28572

       (A)(1) The decal is necessary for public or private security28573
arrangements to which the motor vehicle periodically is subjected;28574

       (B)(2) The decal is no larger than is necessary to28575
accomplish the security arrangements;28576

       (C)(3) The decal does not obscure the vision of the motor28577
vehicle operator or prevent a person looking into the motor28578
vehicle from seeing or identifying persons or objects inside the28579
motor vehicle.28580

       (B)Whoever violates this section shall be punished as28581
provided in section 4513.99 of the Revised Code.28582

       Sec. 4513.25. (A) Every solid tire, as defined in section28583
4501.01 of the Revised Code, on a vehicle shall have rubber or28584
other resilient material on its entire traction surface at least28585
one inch thick above the edge of the flange of the entire28586
periphery.28587

       (B)Whoever violates this section shall be punished as28588
provided in section 4513.99 of the Revised Code.28589

       Sec. 4513.26. (A) No person shall sell any new motor28590
vehicle nor shall any new motor vehicle be registered, and no28591
person shall operate any motor vehicle, which is registered in28592
this state and which has been manufactured or assembled on or28593
after January 1, 1936, unless the motor vehicle is equipped with28594
safety glass wherever glass is used in the windshields, doors,28595
partitions, rear windows, and windows on each side immediately28596
adjacent to the rear window.28597

       "Safety glass" means any product composed of glass so28598
manufactured, fabricated, or treated as substantially to prevent28599
shattering and flying of the glass when it is struck or broken, or28600
such other or similar product as may be approved by the registrar28601
of motor vehicles.28602

       Glass other than safety glass shall not be offered for sale,28603
or sold for use in, or installed in any door, window, partition,28604
or windshield that is required by this section to be equipped with28605
safety glass.28606

       (B)Whoever violates this section shall be punished as28607
provided in section 4513.99 of the Revised Code.28608

       Sec. 4513.261.  (A)(1) No person shall operate any motor28609
vehicle manufactured or assembled on or after January 1, 1954,28610
unless the vehicle is equipped with electrical or mechanical28611
directional signals.28612

       (2) No person shall operate any motorcycle or motor-driven28613
cycle manufactured or assembled on or after January 1, 1968,28614
unless the vehicle is equipped with electrical or mechanical28615
directional signals.28616

       (B) "Directional signals" means an electrical or mechanical28617
signal device capable of clearly indicating an intention to turn28618
either to the right or to the left and which shall be visible from28619
both the front and rear.28620

       (C) All mechanical signal devices shall be self-illuminating28621
devices when in use at the times mentioned in section 4513.03 of28622
the Revised Code.28623

       (D) Whoever violates this section is guilty of a minor28624
misdemeanor.28625

       Sec. 4513.262. (A) As used in this section and in section28626
4513.263 of the Revised Code, the component parts of a "seat28627
safety belt" include a belt, anchor attachment assembly, and a28628
buckle or closing device.28629

       (A)(B) No person shall sell, lease, rent, or operate any28630
passenger car, as defined in division (E) of section 4501.01 of28631
the Revised Code, that is registered or to be registered in this28632
state and that is manufactured or assembled on or after January 1,28633
1962, unless the passenger car is equipped with sufficient28634
anchorage units at the attachment points for attaching at least28635
two sets of seat safety belts to its front seat. Such anchorage28636
units at the attachment points shall be of such construction,28637
design, and strength to support a loop load pull of not less than28638
four thousand pounds for each belt.28639

       (B)(C) No person shall sell, lease, or rent any passenger28640
car, as defined in division (E) of section 4501.01 of the Revised28641
Code, that is registered or to be registered in this state and28642
that is manufactured or assembled on or after January 1, 1966,28643
unless the passenger car has installed in its front seat at least28644
two seat safety belt assemblies.28645

       (C)(D) After January 1, 1966, neither any seat safety belt28646
for use in a motor vehicle nor any component part of any such seat28647
safety belt shall be sold in this state unless the seat safety28648
belt or the component part satisfies the minimum standard of28649
specifications established by the society of automotive engineers28650
for automotive seat belts and unless the seat safety belt or28651
component part is labeled so as to indicate that it meets those28652
minimum standard specifications.28653

       (D)(E) Each sale, lease, or rental in violation of this28654
section constitutes a separate offense.28655

       (F) Whoever violates this section is guilty of a minor28656
misdemeanor.28657

       Sec. 4513.263.  (A) As used in this section and in section28658
4513.99 of the Revised Code:28659

       (1) "Automobile" means any commercial tractor, passenger28660
car, commercial car, or truck that is required to be28661
factory-equipped with an occupant restraining device for the28662
operator or any passenger by regulations adopted by the United28663
States secretary of transportation pursuant to the "National28664
Traffic and Motor Vehicle Safety Act of 1966," 80 Stat. 719, 1528665
U.S.C.A. 1392.28666

       (2) "Occupant restraining device" means a seat safety belt,28667
shoulder belt, harness, or other safety device for restraining a28668
person who is an operator of or passenger in an automobile and28669
that satisfies the minimum federal vehicle safety standards28670
established by the United States department of transportation.28671

       (3) "Passenger" means any person in an automobile, other28672
than its operator, who is occupying a seating position for which28673
an occupant restraining device is provided.28674

       (4) "Commercial tractor," "passenger car," and "commercial28675
car" have the same meanings as in section 4501.01 of the Revised28676
Code.28677

       (5) "Vehicle" and "motor vehicle," as used in the28678
definitions of the terms set forth in division (A)(4) of this28679
section, have the same meanings as in section 4511.01 of the28680
Revised Code.28681

       (B) No person shall do any of the following:28682

       (1) Operate an automobile on any street or highway unless28683
that person is wearing all of the available elements of a properly28684
adjusted occupant restraining device, or operate a school bus that28685
has an occupant restraining device installed for use in its28686
operator's seat unless that person is wearing all of the available28687
elements of the device, as properly adjusted;28688

       (2) Operate an automobile on any street or highway unless28689
each passenger in the automobile who is subject to the requirement28690
set forth in division (B)(3) of this section is wearing all of the28691
available elements of a properly adjusted occupant restraining28692
device;28693

       (3) Occupy, as a passenger, a seating position on the front28694
seat of an automobile being operated on any street or highway28695
unless that person is wearing all of the available elements of a28696
properly adjusted occupant restraining device;28697

       (4) Operate a taxicab on any street or highway unless all28698
factory-equipped occupant restraining devices in the taxicab are28699
maintained in usable form.28700

       (C) Division (B)(3) of this section does not apply to a28701
person who is required by section 4511.81 of the Revised Code to28702
be secured in a child restraint device. Division (B)(1) of this28703
section does not apply to a person who is an employee of the28704
United States postal service or of a newspaper home delivery28705
service, during any period in which the person is engaged in the28706
operation of an automobile to deliver mail or newspapers to28707
addressees. Divisions (B)(1) and (3) of this section do not apply28708
to a person who has an affidavit signed by a physician licensed to28709
practice in this state under Chapter 4731. of the Revised Code or28710
a chiropractor licensed to practice in this state under Chapter28711
4734. of the Revised Code that states that the person has a28712
physical impairment that makes use of an occupant restraining28713
device impossible or impractical.28714

       (D) Notwithstanding any provision of law to the contrary, no28715
law enforcement officer shall cause an operator of an automobile28716
being operated on any street or highway to stop the automobile for28717
the sole purpose of determining whether a violation of division28718
(B) of this section has been or is being committed or for the sole28719
purpose of issuing a ticket, citation, or summons for a violation28720
of that nature or causing the arrest of or commencing a28721
prosecution of a person for a violation of that nature, and no law28722
enforcement officer shall view the interior or visually inspect28723
any automobile being operated on any street or highway for the28724
sole purpose of determining whether a violation of that nature has28725
been or is being committed.28726

       (E) All fines collected for violations of division (B) of28727
this section, or for violations of any ordinance or resolution of28728
a political subdivision that is substantively comparable to that28729
division, shall be forwarded to the treasurer of state for deposit28730
as follows:28731

       (1) Eight per cent shall be deposited into the seat belt28732
education fund, which is hereby created in the state treasury, and28733
shall be used by the department of public safety to establish a28734
seat belt education program.28735

       (2) Eight per cent shall be deposited into the elementary28736
school program fund, which is hereby created in the state28737
treasury, and shall be used by the department of public safety to28738
establish and administer elementary school programs that encourage28739
seat safety belt use.28740

       (3) Two per cent shall be deposited into the Ohio ambulance28741
licensing trust fund created by section 4766.05 of the Revised28742
Code.28743

       (4) Twenty-eight per cent shall be deposited into the trauma28744
and emergency medical services fund, which is hereby created in28745
the state treasury, and shall be used by the department of public28746
safety for the administration of the division of emergency medical28747
services and the state board of emergency medical services.28748

       (5) Fifty-four per cent shall be deposited into the trauma28749
and emergency medical services grants fund, which is hereby28750
created in the state treasury, and shall be used by the state28751
board of emergency medical services to make grants, in accordance28752
with section 4765.07 of the Revised Code and rules the board28753
adopts under section 4765.11 of the Revised Code.28754

       (F)(1) Subject to division (F)(2) of this section, the28755
failure of a person to wear all of the available elements of a28756
properly adjusted occupant restraining device or to ensure that28757
each passenger of an automobile being operated by the person is28758
wearing all of the available elements of such a device, in28759
violation of division (B)(2) of this section, shall not be28760
considered or used as evidence of negligence or contributory28761
negligence, shall not diminish recovery for damages in any civil28762
action involving the person arising from the ownership,28763
maintenance, or operation of an automobile; shall not be used as a28764
basis for a criminal prosecution of the person other than a28765
prosecution for a violation of this section; and shall not be28766
admissible as evidence in any civil or criminal action involving28767
the person other than a prosecution for a violation of this28768
section.28769

       (2) If, at the time of an accident involving a passenger car28770
equipped with occupant restraining devices, any occupant of the28771
passenger car who sustained injury or death was not wearing an28772
available occupant restraining device, was not wearing all of the28773
available elements of such a device, or was not wearing such a28774
device as properly adjusted, then, consistent with the Rules of28775
Evidence, the fact that the occupant was not wearing the available28776
occupant restraining device, was not wearing all of the available28777
elements of such a device, or was not wearing such a device as28778
properly adjusted is admissible in evidence in relation to any28779
claim for relief in a tort action to the extent that the claim for28780
relief satisfies all of the following:28781

       (a) It seeks to recover damages for injury or death to the28782
occupant.28783

       (b) The defendant in question is the manufacturer, designer,28784
distributor, or seller of the passenger car.28785

       (c) The claim for relief against the defendant in question28786
is that the injury or death sustained by the occupant was enhanced28787
or aggravated by some design defect in the passenger car or that28788
the passenger car was not crashworthy.28789

       (3) As used in division (F)(2) of this section, "tort28790
action" means a civil action for damages for injury, death, or28791
loss to person or property. "Tort action" includes a product28792
liability claim that is subject to sections 2307.71 to 2307.80 of28793
the Revised Code, but does not include a civil action for damages28794
for a breach of a contract or another agreement between persons.28795

       (G)(1) Whoever violates division (B)(1) of this section28796
shall be fined thirty dollars.28797

       (2) Whoever violates division (B)(3) of this section shall28798
be fined twenty dollars.28799

       (3) Except as otherwise provided in this division, whoever28800
violates division (B)(4) of this section is guilty of a minor28801
misdemeanor. If the offender previously has been convicted of or28802
pleaded guilty to a violation of division (B)(4) of this section,28803
whoever violates division (B)(4) of this section is guilty of a28804
misdemeanor of the third degree.28805


       Sec. 4513.27.  (A) No person shall operate any motor truck,28807
trackless trolley, bus, or commercial tractor upon any highway28808
outside the corporate limits of municipalities at any time from28809
sunset to sunrise unless there is carried in such vehicle and28810
trackless trolley, except as provided in division (B) of this28811
section, the following equipment which shall be of the types28812
approved by the director of transportation:28813

       (1) At least three flares or three red reflectors or three28814
red electric lanterns, each of which is capable of being seen and28815
distinguished at a distance of five hundred feet under normal28816
atmospheric conditions at night time;28817

       (2) At least three red-burning fusees, unless red reflectors28818
or red electric lanterns are carried;28819

       (3) At least two red cloth flags, not less than twelve28820
inches square, with standards to support them;28821

       (4) The type of red reflectors shall comply with such28822
standards and specifications in effect on September 16, 1963 or28823
later established by the interstate commerce commission and must28824
be certified as meeting such standards by underwriter's28825
laboratories.28826

       (B) No person shall operate at the time and under the28827
conditions stated in this section any motor vehicle used in28828
transporting flammable liquids in bulk, or in transporting28829
compressed flammable gases, unless there is carried in such28830
vehicle three red electric lanterns or three red reflectors28831
meeting the requirements stated in division (A) of this section.28832
There shall not be carried in any such vehicle any flare, fusee,28833
or signal produced by a flame.28834

       (C) This section does not apply to any person who operates28835
any motor vehicle in a work area designated by protection28836
equipment devices that are displayed and used in accordance with28837
the manual adopted by the department of transportation under28838
section 4511.09 of the Revised Code.28839

       (D) Whoever violates this section shall be punished as28840
provided in section 4513.99 of the Revised Code.28841

       Sec. 4513.28.  (A) Whenever any motor truck, trackless28842
trolley, bus, commercial tractor, trailer, semi-trailer, or pole28843
trailer is disabled upon the traveled portion of any highway or28844
the shoulder thereof outside of any municipality, or upon any28845
freeway, expressway, thruway and connecting, entering or exiting28846
ramps within a municipality, at any time when lighted lamps are28847
required on vehicles and trackless trolleys, the operator of such28848
vehicle or trackless trolley shall display the following warning28849
devices upon the highway during the time the vehicle or trackless28850
trolley is so disabled on the highway except as provided in28851
division (B) of this section:28852

       (l) A lighted fusee shall be immediately placed on the28853
roadway at the traffic side of such vehicle or trackless trolley,28854
unless red electric lanterns or red reflectors are displayed.28855

       (2) Within the burning period of the fusee and as promptly28856
as possible, three lighted flares or pot torches, or three red28857
reflectors or three red electric lanterns shall be placed on the28858
roadway as follows:28859

       (a) One at a distance of forty paces or approximately one28860
hundred feet in advance of the vehicle;28861

       (b) One at a distance of forty paces or approximately one28862
hundred feet to the rear of the vehicle or trackless trolley28863
except as provided in this section, each in the center of the lane28864
of traffic occupied by the disabled vehicle or trackless trolley;28865

       (c) One at the traffic side of the vehicle or trackless28866
trolley.28867

       (B) Whenever any vehicle used in transporting flammable28868
liquids in bulk, or in transporting compressed flammable gases, is28869
disabled upon a highway at any time or place mentioned in division28870
(A) of this section, the driver of such vehicle shall display upon28871
the roadway the following warning devices:28872

       (l) One red electric lantern or one red reflector shall be28873
immediately placed on the roadway at the traffic side of the28874
vehicle;28875

       (2) Two other red electric lanterns or two other red28876
reflectors shall be placed to the front and rear of the vehicle in28877
the same manner prescribed for flares in division (A) of this28878
section.28879

       (C) When a vehicle of a type specified in division (B) of28880
this section is disabled, the use of flares, fusees, or any signal28881
produced by flame as warning signals is prohibited.28882

       (D) Whenever any vehicle or trackless trolley of a type28883
referred to in this section is disabled upon the traveled portion28884
of a highway or the shoulder thereof, outside of any municipality,28885
or upon any freeway, expressway, thruway and connecting, entering28886
or exiting ramps within a municipality, at any time when the28887
display of fusees, flares, red reflectors, or electric lanterns is28888
not required, the operator of such vehicle or trackless trolley28889
shall display two red flags upon the roadway in the lane of28890
traffic occupied by the disabled vehicle or trackless trolley, one28891
at a distance of forty paces or approximately one hundred feet in28892
advance of the vehicle or trackless trolley, and one at a distance28893
of forty paces or approximately one hundred feet to the rear of28894
the vehicle or trackless trolley, except as provided in this28895
section.28896

       (E) The flares, fusees, lanterns, red reflectors, and flags28897
to be displayed as required in this section shall conform with the28898
requirements of section 4513.27 of the Revised Code applicable28899
thereto.28900

       (F) In the event the vehicle or trackless trolley is28901
disabled near a curve, crest of a hill, or other obstruction of28902
view, the flare, flag, reflector, or lantern in that direction28903
shall be placed as to afford ample warning to other users of the28904
highway, but in no case shall it be placed less than forty paces28905
or approximately one hundred feet nor more than one hundred twenty28906
paces or approximately three hundred feet from the disabled28907
vehicle or trackless trolley.28908

       (G) This section does not apply to the operator of any28909
vehicle in a work area designated by protection equipment devices28910
that are displayed and used in accordance with the manual adopted28911
by the department of transportation under section 4511.09 of the28912
Revised Code.28913

       (H)Whoever violates this section shall be punished as28914
provided in section 4513.99 of the Revised Code.28915

       Sec. 4513.29. (A) Any person operating any vehicle28916
transporting explosives upon a highway shall at all times comply28917
with the following requirements:28918

       (A)(1) Said vehicle shall be marked or placarded on each28919
side and on the rear with the word "explosives" in letters not28920
less than eight inches high, or there shall be displayed on the28921
rear of such vehicle a red flag not less than twenty-four inches28922
square marked with the word "danger" in white letters six inches28923
high, or shall be marked or placarded in accordance with section28924
177.823 of the United States department of transportation28925
regulations.28926

       (B)(2) Said vehicle shall be equipped with not less than two28927
fire extinguishers, filled and ready for immediate use, and placed28928
at convenient points on such vehicle.28929

       (C)(3) The director of transportation may promulgate such28930
regulations governing the transportation of explosives and other28931
dangerous articles by vehicles upon the highway as are reasonably28932
necessary to enforce sections 4513.01 to 4513.37 of the Revised28933
Code.28934

       (B)Whoever violates this section shall be punished as28935
provided in section 4513.99 of the Revised Code.28936

       Sec. 4513.30. (A) No passenger-type vehicle shall be28937
operated on a highway with any load carried on such vehicle which28938
extends more than six inches beyond the line of the fenders on the28939
vehicle's left side.28940

       (B)Whoever violates this section shall be punished as28941
provided in section 4513.99 of the Revised Code.28942

       Sec. 4513.31.  (A) No vehicle shall be driven or moved on28943
any highway unless the vehicle is so constructed, loaded, or28944
covered as to prevent any of its load from dropping, sifting,28945
leaking, or otherwise escaping therefrom, except that sand or28946
other substance may be dropped for the purpose of securing28947
traction, or water or other substance may be sprinkled on a28948
roadway in cleaning or maintaining the roadway.28949

       (B) Except for a farm vehicle used to transport agricultural28950
produce or agricultural production materials or a rubbish vehicle28951
in the process of acquiring its load, no vehicle loaded with28952
garbage, swill, cans, bottles, waste paper, ashes, refuse, trash,28953
rubbish, waste, wire, paper, cartons, boxes, glass, solid waste,28954
or any other material of an unsanitary nature that is susceptible28955
to blowing or bouncing from a moving vehicle shall be driven or28956
moved on any highway unless the load is covered with a sufficient28957
cover to prevent the load or any part of the load from spilling28958
onto the highway.28959

       (C)Whoever violates this section shall be punished as28960
provided in section 4513.99 of the Revised Code.28961

       Sec. 4513.32. (A) When one vehicle is towing another28962
vehicle, the drawbar or other connection shall be of sufficient28963
strength to pull all the weight towed thereby, and the drawbar or28964
other connection shall not exceed fifteen feet from one vehicle to28965
the other, except the connection between any two vehicles28966
transporting poles, pipe, machinery, or other objects of28967
structural nature which cannot readily be dismembered.28968

       When one vehicle is towing another and the connection28969
consists only of a chain, rope, or cable, there shall be displayed28970
upon such connection a white flag or cloth not less than twelve28971
inches square.28972

       In addition to such drawbar or other connection, each trailer28973
and each semitrailer which is not connected to a commercial28974
tractor by means of a fifth wheel shall be coupled with stay28975
chains or cables to the vehicle by which it is being drawn. The28976
chains or cables shall be of sufficient size and strength to28977
prevent the towed vehicle's parting from the drawing vehicle in28978
case the drawbar or other connection should break or become28979
disengaged. In case of a loaded pole trailer, the connecting pole28980
to the drawing vehicle shall be coupled to the drawing vehicle28981
with stay chains or cables of sufficient size and strength to28982
prevent the towed vehicle's parting from the drawing vehicle.28983

       Every trailer or semitrailer, except pole and cable trailers28984
and pole and cable dollies operated by a public utility as defined28985
in section 5727.01 of the Revised Code, shall be equipped with a28986
coupling device, which shall be so designed and constructed that28987
the trailer will follow substantially in the path of the vehicle28988
drawing it, without whipping or swerving from side to side.28989
Vehicles used to transport agricultural produce or agricultural28990
production materials between a local place of storage and supply28991
and the farm, when drawn or towed on a street or highway at a28992
speed of twenty-five miles per hour or less, and vehicles designed28993
and used exclusively to transport a boat between a place of28994
storage and a marina, or in and around a marina, when drawn or28995
towed on a street or highway for a distance of no more than ten28996
miles and at a speed of twenty-five miles per hour or less, shall28997
have a drawbar or other connection, including the hitch mounted on28998
the towing vehicle, which shall be of sufficient strength to pull28999
all the weight towed thereby. Only one such vehicle used to29000
transport agricultural produce or agricultural production29001
materials as provided in this section may be towed or drawn at one29002
time, except as follows:29003

       (A)(1) An agricultural tractor may tow or draw more than one29004
such vehicle;29005

       (B)(2) A pickup truck or straight truck designed by the29006
manufacturer to carry a load of not less than one-half ton and not29007
more than two tons may tow or draw not more than two such vehicles29008
that are being used to transport agricultural produce from the29009
farm to a local place of storage. No vehicle being so towed by29010
such a pickup truck or straight truck shall be considered to be a29011
motor vehicle.29012

       (B)Whoever violates this section shall be punished as29013
provided in section 4513.99 of the Revised Code.29014

       Sec. 4513.34. (A) The director of transportation with29015
respect to all highways which are a part of the state highway29016
system and local authorities with respect to highways under their29017
jurisdiction may, upon application in writing and for good cause29018
shown, issue a special permit in writing authorizing the applicant29019
to operate or move a vehicle or combination of vehicles of a size29020
or weight of vehicle or load exceeding the maximum specified in29021
sections 5577.01 to 5577.09 of the Revised Code, or otherwise not29022
in conformity with sections 4513.01 to 4513.37 of the Revised29023
Code, upon any highway under the jurisdiction of the authority29024
granting such permit. Notwithstanding sections 715.22 and 723.0129025
of the Revised Code, the holder of a special permit issued by the29026
director under this section may move the vehicle or combination of29027
vehicles described in such special permit on any highway which is29028
a part of the state highway system, when the movement is partly29029
within and partly without the corporate limits of a municipal29030
corporation. No local authority shall require any other permit or29031
license or charge any license fee or other charge against the29032
holder of a permit for the movement of a vehicle or combination of29033
vehicles on any highway that is a part of the state highway29034
system. No holder of a permit issued by a local authority shall29035
be required by the director to obtain a special permit for the29036
movement of vehicles or combination of vehicles on highways within29037
the jurisdiction of the local authority. Permits may be issued29038
for any period of time, not to exceed one year, as the director in29039
histhe director's discretion or a local authority in its29040
discretion deems advisable or for the duration of any public29041
construction project.29042

       The application for a permit shall be in such form as the29043
director or local authority prescribes. The director or local29044
authority may prescribe a permit fee to be imposed and collected29045
when any permit described in this section is issued. The permit29046
fee may be in an amount sufficient to reimburse the director or29047
local authority for the administrative costs incurred in issuing29048
the permit, and also to cover the cost of the normal and expected29049
damage caused to the roadway or a street or highway structure as29050
the result of the operation of the nonconforming vehicle or29051
combination of vehicles. The director, in accordance with Chapter29052
119. of the Revised Code, shall establish a schedule of fees for29053
permits issued by the director under this section.29054

       For the purposes of this section and of rules adopted by the29055
director under this section, milk transported in bulk by vehicle29056
is deemed a nondivisible load.29057

       The director or local authority may issue or withhold a29058
permit. If a permit is to be issued, the director or local29059
authority may limit or prescribe conditions of operation for the29060
vehicle, and may require the posting of a bond or other security29061
conditioned upon the sufficiency of the permit fee to compensate29062
for damage caused to the roadway or a street or highway structure.29063

       Every permit shall be carried in the vehicle or combination29064
of vehicles to which it refers and shall be open to inspection by29065
any police officer or authorized agent of any authority granting29066
the permit. No person shall violate any of the terms of a permit.29067

       (B)Whoever violates this section shall be punished as29068
provided in section 4513.99 of the Revised Code.29069

       Sec. 4513.36. (A) No person shall resist, hinder, obstruct,29070
or abuse any sheriff, constable, or other official while suchthat29071
official is attempting to arrest offenders under any provision of29072
sections 4511.01 to 4511.78, inclusive, 4511.99, and 4513.01 to29073
4513.37, inclusive, of the Revised Code. No person shall29074
interfere with any person charged under suchany provision of any29075
of those sections with the enforcement of the law relative to29076
public highways.29077

       (B)Whoever violates this section is guilty of a minor29078
misdemeanor.29079

       Sec. 4513.361. (A) No person shall knowingly present,29080
display, or orally communicate a false name, social security29081
number, or date of birth to a law enforcement officer who is in29082
the process of issuing to the person a traffic ticket or29083
complaint.29084

       (B) Whoever violates this section is guilty of a misdemeanor29085
of the first degree.29086

       Sec. 4513.51.  (A) Except as provided in division (B) of29087
this section, on and after July 1, 2001, no person shall operate a29088
bus, nor shall any person being the owner of a bus or having29089
supervisory responsibility for a bus permit the operation of any29090
bus, unless the bus displays a valid, current safety inspection29091
decal issued by the state highway patrol under section 4513.52 of29092
the Revised Code.29093

       (B) For the purpose of complying with the requirements of29094
this section and section 4513.52 of the Revised Code, the owner or29095
other operator of a bus may drive the bus directly to an29096
inspection site conducted by the state highway patrol and directly29097
back to the person's place of business without a valid29098
registration and without displaying a safety inspection decal,29099
provided that no passengers may occupy the bus during such29100
operation.29101

       (C) The registrar of motor vehicles shall not accept an29102
application for registration of a bus unless the bus owner29103
presents a valid safety inspection report for the applicable29104
registration year.29105

       (D) Whoever violates division (A) of this section is guilty29106
of a misdemeanor of the first degree.29107

       Sec. 4513.60.  (A)(1) The sheriff of a county or chief of29108
police of a municipal corporation, township, or township police29109
district, within the sheriff's or chief's respective territorial29110
jurisdiction, upon complaint of any person adversely affected, may29111
order into storage any motor vehicle, other than an abandoned junk29112
motor vehicle as defined in section 4513.63 of the Revised Code,29113
that has been left on private residential or private agricultural29114
property for at least four hours without the permission of the29115
person having the right to the possession of the property. The29116
sheriff or chief of police, upon complaint of the owner of a29117
repair garage or place of storage, may order into storage any29118
motor vehicle, other than an abandoned junk motor vehicle, that29119
has been left at the garage or place of storage for a longer29120
period than that agreed upon. The place of storage shall be29121
designated by the sheriff or chief of police. When ordering a29122
motor vehicle into storage pursuant to this division, a sheriff or29123
chief of police, whenever possible, shall arrange for the removal29124
of the motor vehicle by a private tow truck operator or towing29125
company. Subject to division (C) of this section, the owner of a29126
motor vehicle that has been removed pursuant to this division may29127
recover the vehicle only in accordance with division (E) of this29128
section.29129

       (2) Divisions (A)(1) to (3) of this section do not apply to29130
any private residential or private agricultural property that is29131
established as a private tow-away zone in accordance with division29132
(B) of this section.29133

       (3) As used in divisions (A)(1) and (2) of this section,29134
"private residential property" means private property on which is29135
located one or more structures that are used as a home, residence,29136
or sleeping place by one or more persons, if no more than three29137
separate households are maintained in the structure or structures.29138
"Private residential property" does not include any private29139
property on which is located one or more structures that are used29140
as a home, residence, or sleeping place by two or more persons, if29141
more than three separate households are maintained in the29142
structure or structures.29143

       (B)(1) The owner of private property may establish a private29144
tow-away zone only if all of the following conditions are29145
satisfied:29146

       (a) The owner posts on the owner's property a sign, that is29147
at least eighteen inches by twenty-four inches in size, that is29148
visible from all entrances to the property, and that contains at29149
least all of the following information:29150

       (i) A notice that the property is a private tow-away zone29151
and that vehicles not authorized to park on the property will be29152
towed away;29153

       (ii) The telephone number of the person from whom a29154
towed-away vehicle can be recovered, and the address of the place29155
to which the vehicle will be taken and the place from which it may29156
be recovered;29157

       (iii) A statement that the vehicle may be recovered at any29158
time during the day or night upon the submission of proof of29159
ownership and the payment of a towing charge, in an amount not to29160
exceed ninety dollars, and a storage charge, in an amount not to29161
exceed twelve dollars per twenty-four-hour period; except that the29162
charge for towing shall not exceed one hundred fifty dollars, and29163
the storage charge shall not exceed twenty dollars per29164
twenty-four-hour period, if the vehicle has a manufacturer's gross29165
vehicle weight rating in excess of ten thousand pounds and is a29166
truck, bus, or a combination of a commercial tractor and trailer29167
or semitrailer.29168

       (b) The place to which the towed vehicle is taken and from29169
which it may be recovered is conveniently located, is well29170
lighted, and is on or within a reasonable distance of a regularly29171
scheduled route of one or more modes of public transportation, if29172
any public transportation is available in the municipal29173
corporation or township in which the private tow-away zone is29174
located.29175

       (2) If a vehicle is parked on private property that is29176
established as a private tow-away zone in accordance with division29177
(B)(1) of this section, without the consent of the owner of the29178
property or in violation of any posted parking condition or29179
regulation, the owner or the owner's agent may remove, or cause29180
the removal of, the vehicle, the owner and the operator of the29181
vehicle shall be deemed to have consented to the removal and29182
storage of the vehicle and to the payment of the towing and29183
storage charges specified in division (B)(1)(a)(iii) of this29184
section, and the owner, subject to division (C) of this section,29185
may recover a vehicle that has been so removed only in accordance29186
with division (E) of this section.29187

       (3) If a municipal corporation requires tow trucks and tow29188
truck operators to be licensed, no owner of private property29189
located within the municipal corporation shall remove, or shall29190
cause the removal and storage of, any vehicle pursuant to division29191
(B)(2) of this section by an unlicensed tow truck or unlicensed29192
tow truck operator.29193

       (4) Divisions (B)(1) to (3) of this section do not affect or29194
limit the operation of division (A) of this section or sections29195
4513.61 to 4513.65 of the Revised Code as they relate to property29196
other than private property that is established as a private29197
tow-away zone under division (B)(1) of this section.29198

       (C) If the owner or operator of a motor vehicle that has29199
been ordered into storage pursuant to division (A)(1) of this29200
section or of a vehicle that is being removed under authority of29201
division (B)(2) of this section arrives after the motor vehicle or29202
vehicle has been prepared for removal, but prior to its actual29203
removal from the property, the owner or operator shall be given29204
the opportunity to pay a fee of not more than one-half of the29205
charge for the removal of motor vehicles under division (A)(1) of29206
this section or of vehicles under division (B)(2) of this section,29207
whichever is applicable, that normally is assessed by the person29208
who has prepared the motor vehicle or vehicle for removal, in29209
order to obtain release of the motor vehicle or vehicle. Upon29210
payment of that fee, the motor vehicle or vehicle shall be29211
released to the owner or operator, and upon its release, the owner29212
or operator immediately shall move it so that:29213

       (1) If the motor vehicle was ordered into storage pursuant29214
to division (A)(1) of this section, it is not on the private29215
residential or private agricultural property without the29216
permission of the person having the right to possession of the29217
property, or is not at the garage or place of storage without the29218
permission of the owner, whichever is applicable.29219

       (2) If the vehicle was being removed under authority of29220
division (B)(2) of this section, it is not parked on the private29221
property established as a private tow-away zone without the29222
consent of the owner or in violation of any posted parking29223
condition or regulation.29224

       (D)(1) If an owner of private property that is established29225
as a private tow-away zone in accordance with division (B)(1) of29226
this section or the authorized agent of such an owner removes or29227
causes the removal of a vehicle from that property under authority29228
of division (B)(2) of this section, the owner or agent promptly29229
shall notify the police department of the municipal corporation,29230
township, or township police district in which the property is29231
located, of the removal, the vehicle's license number, make,29232
model, and color, the location from which it was removed, the date29233
and time of its removal, the telephone number of the person from29234
whom it may be recovered, and the address of the place to which it29235
has been taken and from which it may be recovered.29236

       (2) Each county sheriff and each chief of police of a29237
municipal corporation, township, or township police district shall29238
maintain a record of motor vehicles that the sheriff or chief29239
orders into storage pursuant to division (A)(1) of this section29240
and of vehicles removed from private property in the sheriff's or29241
chief's jurisdiction that is established as a private tow-away29242
zone of which the sheriff or chief has received notice under29243
division (D)(1) of this section. The record shall include an29244
entry for each such motor vehicle or vehicle that identifies the29245
motor vehicle's or vehicle's license number, make, model, and29246
color, the location from which it was removed, the date and time29247
of its removal, the telephone number of the person from whom it29248
may be recovered, and the address of the place to which it has29249
been taken and from which it may be recovered. Any information in29250
the record that pertains to a particular motor vehicle or vehicle29251
shall be provided to any person who, either in person or pursuant29252
to a telephone call, identifies self as the owner or operator of29253
the motor vehicle or vehicle and requests information pertaining29254
to its location.29255

       (3) Any person who registers a complaint that is the basis29256
of a sheriff's or police chief's order for the removal and storage29257
of a motor vehicle under division (A)(1) of this section shall29258
provide the identity of the law enforcement agency with which the29259
complaint was registered to any person who identifies self as the29260
owner or operator of the motor vehicle and requests information29261
pertaining to its location.29262

       (E) The owner of a motor vehicle that is ordered into29263
storage pursuant to division (A)(1) of this section or of a29264
vehicle that is removed under authority of division (B)(2) of this29265
section may reclaim it upon payment of any expenses or charges29266
incurred in its removal, in an amount not to exceed ninety29267
dollars, and storage, in an amount not to exceed twelve dollars29268
per twenty-four-hour period; except that the charge for towing29269
shall not exceed one hundred fifty dollars, and the storage charge29270
shall not exceed twenty dollars per twenty-four-hour period, if29271
the vehicle has a manufacturer's gross vehicle weight rating in29272
excess of ten thousand pounds and is a truck, bus, or a29273
combination of a commercial tractor and trailer or semitrailer.29274
Presentation of proof of ownership, which may be evidenced by a29275
certificate of title to the motor vehicle or vehicle also shall be29276
required for reclamation of the vehicle. If a motor vehicle that29277
is ordered into storage pursuant to division (A)(1) of this29278
section remains unclaimed by the owner for thirty days, the29279
procedures established by sections 4513.61 and 4513.62 of the29280
Revised Code shall apply.29281

       (F) No person shall remove, or cause the removal of, any29282
vehicle from private property that is established as a private29283
tow-away zone under division (B)(1) of this section other than in29284
accordance with division (B)(2) of this section, and no person29285
shall remove, or cause the removal of, any motor vehicle from any29286
other private property other than in accordance with division29287
(A)(1) of this section or sections 4513.61 to 4513.65 of the29288
Revised Code.29289

       (G)(1) Whoever violates division (B)(3) of this section is29290
guilty of a minor misdemeanor.29291

       (2) Except as otherwise provided in this division, whoever29292
violates division (F) of this section is guilty of a minor29293
misdemeanor. If the offender previously has been convicted of or29294
pleaded guilty to a violation of division (F) of this section,29295
whoever violates division (F) of this section is guilty of a29296
misdemeanor of the third degree.29297

       Sec. 4513.64. (A) No person shall willfully leave an29298
abandoned junk motor vehicle as defined in section 4513.63 of the29299
Revised Code on private property for more than seventy-two hours29300
without the permission of the person having the right to the29301
possession of the property, or on a public street or other29302
property open to the public for purposes of vehicular travel or29303
parking, or upon or within the right-of-way of any road or29304
highway, for forty-eight hours or longer without notification to29305
the sheriff of the county or chief of police of the municipal29306
corporation, township, or township police district of the reasons29307
for leaving the motor vehicle in such place.29308

       For purposes of this section, the fact that a motor vehicle29309
has been so left without permission or notification is prima-facie29310
evidence of abandonment.29311

       Nothing contained in sections 4513.60, 4513.61, and 4513.6329312
of the Revised Code shall invalidate the provisions of municipal29313
ordinances or township resolutions regulating or prohibiting the29314
abandonment of motor vehicles on streets, highways, public29315
property, or private property within municipal corporations or29316
townships.29317

       (B)Whoever violates this section is guilty of a minor29318
misdemeanor and shall also be assessed any costs incurred by the29319
county, township, or municipal corporation in disposing of the29320
abandoned junk motor vehicle that is the basis of the violation,29321
less any money accruing to the county, to the township, or to the29322
municipal corporation from this disposal of the vehicle.29323

       Sec. 4513.65. (A) For purposes of this section, "junk motor29324
vehicle" means any motor vehicle meeting the requirements of29325
divisions (B), (C), (D), and (E) of section 4513.63 of the Revised29326
Code that is left uncovered in the open on private property for29327
more than seventy-two hours with the permission of the person29328
having the right to the possession of the property, except if the29329
person is operating a junk yard or scrap metal processing facility29330
licensed under authority of sections 4737.05 to 4737.12 of the29331
Revised Code, or regulated under authority of a political29332
subdivision; or if the property on which the motor vehicle is left29333
is not subject to licensure or regulation by any governmental29334
authority, unless the person having the right to the possession of29335
the property can establish that the motor vehicle is part of a29336
bona fide commercial operation; or if the motor vehicle is a29337
collector's vehicle.29338

       No political subdivision shall prevent a person from storing29339
or keeping, or restrict hima person in the method of storing or29340
keeping, any collector's vehicle on private property with the29341
permission of the person having the right to the possession of the29342
property; except that a political subdivision may require a person29343
having such permission to conceal, by means of buildings, fences,29344
vegetation, terrain, or other suitable obstruction, any unlicensed29345
collector's vehicle stored in the open.29346

       The sheriff of a county, or chief of police of a municipal29347
corporation, within histhe sheriff's or chief's respective29348
territorial jurisdiction, a state highway patrol trooper, a board29349
of township trustees, the legislative authority of a municipal29350
corporation, or the zoning authority of a township or a municipal29351
corporation, may send notice, by certified mail with return29352
receipt requested, to the person having the right to the29353
possession of the property on which a junk motor vehicle is left,29354
that within ten days of receipt of the notice, the junk motor29355
vehicle either shall be covered by being housed in a garage or29356
other suitable structure, or shall be removed from the property.29357

       No person shall willfully leave a junk motor vehicle29358
uncovered in the open for more than ten days after receipt of a29359
notice as provided in this section. The fact that a junk motor29360
vehicle is so left is prima-facie evidence of willful failure to29361
comply with the notice, and each subsequent period of thirty days29362
that a junk motor vehicle continues to be so left constitutes a29363
separate offense.29364

       (B) Except as otherwise provided in this division, whoever29365
violates this section is guilty of a minor misdemeanor on a first29366
offense. If the offender previously has been convicted of or29367
pleaded guilty to one violation of this section, whoever violates29368
this section is guilty of a misdemeanor of the fourth degree. If29369
the offender previously has been convicted of or pleaded guilty to29370
two or more violations of this section, whoever violates this29371
section is guilty of a misdemeanor of the third degree.29372

       Sec. 4513.99.  (A) Whoever violates division (C), (D), (E),29373
or (F) of section 4513.241, section 4513.261, 4513.262, or29374
4513.36, or division (B)(3) of section 4513.60 of the Revised Code29375
is guilty of a minor misdemeanor.29376

       (B) Whoever violates section 4513.02 or 4513.021, or29377
division (B)(4) of section 4513.263, or division (F) of section29378
4513.60 of the Revised Code is guilty of a minor misdemeanor on a29379
first offense; on a second or subsequent offense such person is29380
guilty of a misdemeanor of the third degree.29381

       (C)Any violation of section 4513.03, 4513.04, 4513.05,29382
4513.06, 4513.07, 4513.071, 4513.09, 4513.10, 4513.11, 4513.111,29383
4513.12, 4513.13, 4513.14, 4513.15, 4513.16, 4513.17, 4513.171,29384
4513.18, 4513.182, 4513.19, 4513.20, 4513.201, 4513.202, 4513.21,29385
4513.22, 4513.23, 4513.24, 4513.242, 4513.25, 4513.26, 4513.27,29386
4513.28, 4513.29, 4513.30, 4513.31, 4513.32, or 4513.34 of the29387
Revised Code shall be punished under division (B) of this section.29388

       (B) Whoever violates the sections of this chapter that are29389
specifically required to be punished under this division, or any29390
provision of sections 4513.03 to 4513.262 or 4513.27 to 4513.37 of29391
the Revised Code, for which violation no penalty is otherwise29392
provided, is guilty of a minor misdemeanor on a first offense; on29393
a second offense within one year after the first offense, suchthe29394
person is guilty of a misdemeanor of the fourth degree; on each29395
subsequent offense within one year after the first offense, such29396
the person is guilty of a misdemeanor of the third degree.29397

       (D) Whoever violates section 4513.64 of the Revised Code is29398
guilty of a minor misdemeanor, and shall also be assessed any29399
costs incurred by the county, township, or municipal corporation29400
in disposing of such abandoned junk motor vehicle, less any money29401
accruing to the county, to the township, or to the municipal29402
corporation from such disposal.29403

       (E) Whoever violates section 4513.65 of the Revised Code is29404
guilty of a minor misdemeanor on a first offense; on a second29405
offense, such person is guilty of a misdemeanor of the fourth29406
degree; on each subsequent offense, such person is guilty of a29407
misdemeanor of the third degree.29408

       (F) Whoever violates division (B)(1) of section 4513.263 of29409
the Revised Code shall be fined thirty dollars.29410

       (G) Whoever violates division (B)(3) of section 4513.263 of29411
the Revised Code shall be fined twenty dollars.29412

       (H) Whoever violates section 4513.361 or division (A) of29413
section 4513.51 of the Revised Code is guilty of a misdemeanor of29414
the first degree.29415

       Sec. 4517.02.  (A) Except as otherwise provided in this29416
section, no person shall do any of the following:29417

       (1) Engage in the business of displaying or selling at29418
retail new motor vehicles or assume to engage in such business,29419
unless the person is licensed as a new motor vehicle dealer under29420
sections 4517.01 to 4517.45 of the Revised Code, or is a29421
salesperson licensed under those sections and employed by a29422
licensed new motor vehicle dealer;29423

       (2) Engage in the business of offering for sale, displaying29424
for sale, or selling at retail or wholesale used motor vehicles or29425
assume to engage in that business, unless the person is licensed29426
as a dealer under sections 4517.01 to 4517.45 of the Revised Code,29427
or is a salesperson licensed under those sections and employed by29428
a licensed used motor vehicle dealer or licensed new motor vehicle29429
dealer;29430

       (3) Engage in the business of regularly making available,29431
offering to make available, or arranging for another person to use29432
a motor vehicle, in the manner described in division (M) of29433
section 4517.01 of the Revised Code, unless the person is licensed29434
as a motor vehicle leasing dealer under sections 4517.01 to29435
4517.45 of the Revised Code;29436

       (4) Engage in the business of motor vehicle auctioning or29437
assume to engage in such business, unless the person is licensed29438
as a motor vehicle auction owner under sections 4517.01 to 4517.4529439
and 4707.01 to 4707.99 of the Revised Code;29440

       (5) Engage in the business of distributing motor vehicles or29441
assume to engage in such business, unless the person is licensed29442
as a distributor under sections 4517.01 to 4517.45 of the Revised29443
Code;29444

       (6) Make more than five casual sales of motor vehicles in a29445
twelve-month period, commencing with the day of the month in which29446
the first such sale is made, nor provide a location or space for29447
the sale of motor vehicles at a flea market, without obtaining a29448
license as a dealer under sections 4517.01 to 4517.45 of the29449
Revised Code; provided however that nothing in this section shall29450
be construed to prohibit the disposition without a license of a29451
motor vehicle originally acquired and held for purposes other than29452
sale, rental, or lease to an employee, retiree, officer, or29453
director of the person making the disposition, to a corporation29454
affiliated with the person making the disposition, or to a person29455
licensed under sections 4517.01 to 4517.45 of the Revised Code;29456

       (7) Engage in the business of brokering manufactured homes29457
unless that person is licensed as a manufactured home broker under29458
sections 4517.01 to 4517.45 of the Revised Code.29459

       (B) Nothing in this section shall be construed to require an29460
auctioneer licensed under sections 4707.01 to 4707.19 of the29461
Revised Code, to obtain a motor vehicle salesperson's license29462
under sections 4517.01 to 4517.45 of the Revised Code when29463
conducting an auction sale for a licensed motor vehicle dealer on29464
the dealer's premises, or when conducting an auction sale for a29465
licensed motor vehicle auction owner; nor shall such an auctioneer29466
be required to obtain a motor vehicle auction owner's license29467
under sections 4517.01 to 4517.45 of the Revised Code when engaged29468
in auctioning for a licensed motor vehicle auction owner.29469

       (C) Sections 4517.01 to 4517.45 of the Revised Code do not29470
apply to any of the following:29471

       (1) Persons engaging in the business of selling commercial29472
tractors, trailers, or semitrailers incidentally to engaging29473
primarily in business other than the selling or leasing of motor29474
vehicles;29475

       (2) Mortgagees selling at retail only those motor vehicles29476
that have come into their possession by a default in the terms of29477
a mortgage contract;29478

       (3) The leasing, rental, and interchange of motor vehicles29479
used directly in the rendition of a public utility service by29480
regulated motor carriers.29481

       (D) When a partnership licensed under sections 4517.01 to29482
4517.45 of the Revised Code is dissolved by death, the surviving29483
partners may operate under the license for a period of sixty days,29484
and the heirs or representatives of deceased persons and receivers29485
or trustees in bankruptcy appointed by any competent authority may29486
operate under the license of the person succeeded in possession by29487
such heir, representative, receiver, or trustee in bankruptcy.29488

       (E) No remanufacturer shall engage in the business of29489
selling at retail any new motor vehicle without having written29490
authority from the manufacturer or distributor of the vehicle to29491
sell new motor vehicles and to perform repairs under the terms of29492
the manufacturer's or distributor's new motor vehicle warranty,29493
unless, at the time of the sale of the vehicle, each customer is29494
furnished with a binding agreement ensuring that the customer has29495
the right to have the vehicle serviced or repaired by a new motor29496
vehicle dealer who is franchised to sell and service vehicles of29497
the same line-make as the chassis of the remanufactured vehicle29498
purchased by the customer and whose service or repair facility is29499
located within either twenty miles of the remanufacturer's29500
location and place of business or twenty miles of the customer's29501
residence or place of business. If there is no such new motor29502
vehicle dealer located within twenty miles of the remanufacturer's29503
location and place of business or the customer's residence or29504
place of business, the binding agreement furnished to the customer29505
may be with the new motor vehicle dealer who is franchised to sell29506
and service vehicles of the same line-make as the chassis of the29507
remanufactured vehicle purchased by the customer and whose service29508
or repair facility is located nearest to the remanufacturer's29509
location and place of business or the customer's residence or29510
place of business. Additionally, at the time of sale of any29511
vehicle, each customer of the remanufacturer shall be furnished29512
with a warranty issued by the remanufacturer for a term of at29513
least one year.29514

       (F)Except as otherwise provided in this division, whoever29515
violates this section is guilty of a minor misdemeanor and shall29516
be subject to a mandatory fine of one hundred dollars. If the29517
offender previously has been convicted of or pleaded guilty to a29518
violation of this section, whoever violates this section is guilty29519
of a misdemeanor of the first degree and shall be subject to a29520
mandatory fine of one thousand dollars.29521

       Sec. 4517.03.  (A) A place of business that is used for29522
selling, displaying, offering for sale, or dealing in motor29523
vehicles shall be considered as used exclusively for those29524
purposes even though snowmobiles, farm machinery, outdoor power29525
equipment, watercraft and related products, or products29526
manufactured or distributed by a motor vehicle manufacturer with29527
which the motor vehicle dealer has a franchise agreement are sold29528
or displayed there, or if repair, accessory, gasoline and oil,29529
storage, parts, service, or paint departments are maintained29530
there, or such products or services are provided there, if the29531
departments are operated or the products or services are provided29532
for the business of selling, displaying, offering for sale, or29533
dealing in motor vehicles. Places of business or departments in a29534
place of business used to dismantle, salvage, or rebuild motor29535
vehicles by means of using used parts, are not considered as being29536
maintained for the purpose of assisting or furthering the selling,29537
displaying, offering for sale, or dealing in motor vehicles. A29538
place of business shall be considered as used exclusively for29539
selling, displaying, offering for sale, or dealing in motor29540
vehicles even though a business owned by a motor vehicle leasing29541
dealer or a motor vehicle renting dealer is located at the place29542
of business.29543

       (B) No new motor vehicle dealer shall sell, display, offer29544
for sale, or deal in motor vehicles at any place except an29545
established place of business that is used exclusively for the29546
purpose of selling, displaying, offering for sale, or dealing in29547
motor vehicles. The place of business shall have space, under29548
roof, for the display of at least one new motor vehicle and29549
facilities and space therewith for the inspection, servicing, and29550
repair of at least one motor vehicle; except that a new motor29551
vehicle dealer selling manufactured or mobile homes is exempt from29552
the requirement that a place of business have space, under roof,29553
for the display of at least one new motor vehicle and facilities29554
and space for the inspection, servicing, and repair of at least29555
one motor vehicle.29556

       Nothing in Chapter 4517. of the Revised Code shall be29557
construed as prohibiting the sale of a new or used manufactured or29558
mobile home located in a manufactured home park by a licensed new29559
or used motor vehicle dealer.29560

       (C) No used motor vehicle dealer shall sell, display, offer29561
for sale, or deal in motor vehicles at any place except an29562
established place of business that is used exclusively for the29563
purpose of selling, displaying, offering for sale, or dealing in29564
motor vehicles.29565

       (D) No motor vehicle leasing dealer shall make a motor29566
vehicle available for use by another, in the manner described in29567
division (M) of section 4517.01 of the Revised Code, at any place29568
except an established place of business that is used for leasing29569
motor vehicles; except that a motor vehicle leasing dealer who is29570
also a new motor vehicle dealer or used motor vehicle dealer may29571
lease motor vehicles at the same place of business at which the29572
dealer sells, offers for sale, or deals in new or used motor29573
vehicles.29574

       (E) No motor vehicle leasing dealer or motor vehicle renting29575
dealer shall sell a motor vehicle within ninety days after a29576
certificate of title to the motor vehicle is issued to the dealer,29577
except when a salvage certificate of title is issued to replace29578
the original certificate of title and except when a motor vehicle29579
leasing dealer sells a motor vehicle to another motor vehicle29580
leasing dealer at the end of a sublease pursuant to that sublease.29581

       (F) No distributor shall distribute new motor vehicles to29582
new motor vehicle dealers at any place except an established place29583
of business that is used exclusively for the purpose of29584
distributing new motor vehicles to new motor vehicle dealers;29585
except that a distributor who is also a new motor vehicle dealer29586
may distribute new motor vehicles at the same place of business at29587
which the distributor sells, displays, offers for sale, or deals29588
in new motor vehicles.29589

       (G) No person, firm, or corporation that sells, displays, or29590
offers for sale tent-type fold-out camping trailers is subject to29591
the requirement that the person's, firm's, or corporation's place29592
of business be used exclusively for the purpose of selling,29593
displaying, offering for sale, or dealing in motor vehicles. No29594
person, firm, or corporation that sells, displays, or offers for29595
sale tent-type fold-out camping trailers, trailers, semitrailers,29596
or park trailers is subject to the requirement that the place of29597
business have space, under roof, for the display of at least one29598
new motor vehicle and facilities and space for the inspection,29599
servicing, and repair of at least one motor vehicle.29600

       (H) No manufactured or mobile home broker shall engage in29601
the business of brokering manufactured or mobile homes at any29602
place except an established place of business that is used29603
exclusively for the purpose of brokering manufactured or mobile29604
homes.29605

       (I) Nothing in this section shall be construed to prohibit29606
persons licensed under this chapter from making sales calls.29607

       (J) Whoever violates this section is guilty of a misdemeanor29608
of the fourth degree.29609

       (K) As used in this section:29610

       (1) "Motor vehicle leasing dealer" has the same meaning as29611
in section 4517.01 of the Revised Code.29612

       (2) "Motor vehicle renting dealer" has the same meaning as29613
in section 4549.65 of the Revised Code.29614

       (3) "Watercraft" has the same meaning as in section 1547.0129615
of the Revised Code.29616

       Sec. 4517.19. (A) No motor vehicle wholesaler shall:29617

       (A)(1) Sell, offer for sale, or display for sale at29618
wholesale a motor vehicle, when the motor vehicle wholesaler has29619
reasonable cause to believe that the odometer of the motor vehicle29620
has been changed, tampered with, or disconnected to reflect a29621
lesser mileage or use, unless the motor vehicle wholesaler first29622
gives clear and unequivocal notice of the odometer's altered29623
condition;29624

       (B)(2) Sell or offer for sale at wholesale a motor vehicle29625
unless the motor vehicle wholesaler is the legal owner of the29626
motor vehicle;29627

       (C)(3) Sell, offer for sale, or display for sale at29628
wholesale a motor vehicle without making available an odometer29629
disclosure statement that is signed by the owner of the motor29630
vehicle as required by section 4505.06 of the Revised Code and29631
that complies with subchapter IV of the "Motor Vehicle Information29632
and Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981;29633

       (D)(4) Fail, within ten days of acceptance of an offer for29634
sale at wholesale, to deliver an Ohio certificate of title or the29635
current certificate of title issued for the motor vehicle, and all29636
title assignments that evidence the seller's ownership of the29637
motor vehicle, to the purchaser of the motor vehicle. Failure to29638
deliver title within ten days of acceptance of an offer for sale29639
at wholesale is grounds for rescission of the agreement to buy.29640

       (B)Except as otherwise provided in this division, whoever29641
violates this section is guilty of a misdemeanor of the second29642
degree. If the offender previously has been convicted of or29643
pleaded guilty to a violation of this section, whoever violates29644
this section is guilty of a misdemeanor of the first degree.29645

       Sec. 4517.20. (A) No motor vehicle dealer licensed under29646
Chapter 4517. of the Revised Code shall do any of the following:29647

       (A)(1) Directly or indirectly, solicit the sale of a motor29648
vehicle through a pecuniarily interested person other than a29649
salesperson licensed in the employ of a licensed dealer;29650

       (B)(2) Pay any commission or compensation in any form to any29651
person in connection with the sale of a motor vehicle unless the29652
person is licensed as a salesperson in the employ of the dealer;29653

       (C)(3) Fail to immediately notify the registrar of motor29654
vehicles upon termination of the employment of any person licensed29655
as a salesperson to sell, display, offer for sale, or deal in29656
motor vehicles for the dealer;29657

       (D)(4) Knowingly engage in any wholesale motor vehicle29658
transaction with any person required to be licensed pursuant to29659
Chapter 4517. of the Revised Code, if the person is not licensed29660
pursuant to that chapter, if the person's license to operate as a29661
dealer has been suspended or revoked, or if the person's29662
application for a license to operate as a dealer has been denied.29663

       (B)Whoever violates this section is guilty of a misdemeanor29664
of the fourth degree.29665

       Sec. 4517.21. (A) No motor vehicle auction owner licensed29666
under Chapter 4517. of the Revised Code shall:29667

       (A)(1) Engage in the sale of motor vehicles at retail from29668
the same licensed location;29669

       (B)(2) Knowingly permit the auctioning of a motor vehicle if29670
the motor vehicle auction owner has reasonable cause to believe it29671
is not being offered for sale by the legal owner of the motor29672
vehicle;29673

       (C)(3) Knowingly permit the sale of a motor vehicle to any29674
person except a motor vehicle dealer licensed in this state or any29675
other jurisdiction, or any other person licensed pursuant to29676
Chapter 4517. of the Revised Code or a substantially similar29677
statute of any other jurisdiction;29678

       (D)(4) Knowingly permit the sale of a motor vehicle by any29679
person who is not licensed pursuant to Chapter 4517. of the29680
Revised Code;29681

       (E)(5) Knowingly permit any person to violate section29682
4517.19 of the Revised Code;29683

       (F)(6) Deny reasonable inspection of the motor vehicle29684
auction owner's business records, relating to the sale of motor29685
vehicles, to the registrar of motor vehicles or the attorney29686
general, when requested in writing to do so. The motor vehicle29687
auction owner shall maintain for a period of six years from the29688
date of the sale of a motor vehicle at least the following29689
information:29690

       (1)(a) The year, make, model and vehicle identification29691
number of the motor vehicle;29692

       (2)(b) The name and address of the selling dealer;29693

       (3)(c) The name and address of the buying dealer;29694

       (4)(d) The date of the sale;29695

       (5)(e) The purchase price;29696

       (6)(f) The odometer reading of the motor vehicle at the time29697
of sale and an odometer disclosure statement from the seller that29698
complies with subchapter IV of the "Motor Vehicle Information and29699
Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.29700

       A motor vehicle auction owner may supplement the required29701
information with any additional information the motor vehicle29702
auction owner considers appropriate.29703

       (G)(7) Knowingly permit a dealer whose license has been29704
suspended or revoked, or a person whose application for a license29705
to operate as a dealer has been denied, to participate as a buyer29706
or seller at the motor vehicle auction owner's auction after29707
notification by the registrar of the suspension or revocation of a29708
license, or denial of an application for a license. The registrar29709
shall notify each auction owner by certified mail, return receipt29710
requested, within five business days of the suspension or29711
revocation of a license, or the denial of an application for29712
license. Any motor vehicle auction owner who has knowledge of the29713
presence at the motor vehicle auction owner's auction of a dealer29714
whose license has been suspended or revoked, or of a person whose29715
application for a license to operate as a dealer has been denied,29716
shall immediately cause the removal of the person from the29717
auction.29718

       (H)(8) Knowingly accept a motor vehicle for sale or possible29719
sale by a dealer whose license has been suspended or revoked,29720
during the period of suspension or revocation, or by a person29721
whose application for a license to operate as a dealer has been29722
denied, after notification by the registrar, in accordance with29723
division (G) of this section, of the suspension or revocation of29724
the license, or denial of an application for a license.29725

       (I)(9) Knowingly permit the auctioning of a motor vehicle29726
whose ownership is not evidenced at the time of auctioning by a29727
current certificate of title or a manufacturer's certificate of29728
origin, and all title assignments that evidence the seller's29729
ownership of the motor vehicle, without first giving clear and29730
unequivocal notice of the lack of such evidence.29731

       (B)Whoever violates this section is guilty of a misdemeanor29732
of the fourth degree.29733

       Sec. 4517.22.  (A) Any group of licensed new motor vehicle29734
dealers may display motor vehicles at a motor vehicle show within29735
the general market area allocated to a licensed new motor vehicle29736
dealer, whenever all of the following conditions are met:29737

       (1) The primary purpose of the motor vehicle show is the29738
exhibition of competitive makes and models of motor vehicles to29739
provide the general public the opportunity to review and inspect29740
various makes and models of motor vehicles at a single location;29741

       (2) Not less than thirty days before the planned opening29742
date of the motor vehicle show, the group requests and receives29743
permission to hold the show from the registrar of motor vehicles.29744

       (B) No contracts shall be signed, deposits taken, or sales29745
consummated at the location of a motor vehicle show.29746

       (C) Any sponsor of a motor vehicle show shall offer by mail29747
an invitation to all new motor vehicle dealers dealing in29748
competitive types of motor vehicles in the general market area to29749
participate and display motor vehicles in the show. The sponsor29750
may offer a similar invitation to manufacturers or distributors. A29751
copy of each invitation shall be retained by the sponsor for at29752
least one year after the show.29753

       (D) No person except a manufacturer or distributor shall29754
hold in any public place a motor vehicle show at which only one29755
motor vehicle is displayed, and no such single unit show shall be29756
held unless the manufacturer or distributor requests and receives29757
permission from the registrar not less than thirty days before the29758
show.29759

       (E) The registrar shall not grant permission for any motor29760
vehicle show to be held, unless it is proven to the registrar's29761
satisfaction that no attempt is being made to circumvent the29762
provisions of sections 4517.01 to 4517.45 of the Revised Code.29763

       (F) Nothing contained in this section shall be construed as29764
prohibiting the taking of orders for nonmotorized recreational29765
vehicles as defined in section 4501.01 of the Revised Code at29766
sports or camping shows.29767

       (G) No motor vehicle dealer, motor vehicle leasing dealer,29768
motor vehicle auction owner, or distributor licensed under29769
sections 4517.01 to 4517.45 of the Revised Code shall display a29770
motor vehicle at any place except the dealer's, owner's, or29771
distributor's licensed location, unless the dealer, owner, or29772
distributor first obtains permission from the registrar and29773
complies with the applicable rules of the motor vehicle dealers29774
board.29775

       (H) Nothing contained in this section shall be construed as29776
prohibiting the display of, the taking of orders for, or the sale29777
of, livestock trailers at livestock and agricultural shows,29778
including county fairs. Notwithstanding section 4517.03 of the29779
Revised Code, livestock trailers may be sold at livestock and29780
agricultural shows, including county fairs, as permitted by this29781
division.29782

       As used in this division, "livestock trailer" means a new or29783
used trailer designed by its manufacturer to be used to transport29784
horses or to transport animals generally used for food or in the29785
production of food, including cattle, sheep, goats, rabbits,29786
poultry, swine, and any other animals included by the director of29787
agriculture in rules adopted under section 901.72 of the Revised29788
Code.29789

       (I) Notwithstanding division (B) of this section, contracts29790
may be signed, deposits taken, and sales consummated at the29791
location of a motor vehicle show where the motor vehicles involved29792
are horse trailers or towing vehicles that are trucks and have a29793
gross vehicle weight of more than three-quarters of a ton, the29794
motor vehicle show is being held as part of or in connection with29795
a major livestock show, the licensed new motor vehicle dealers29796
involved have complied with the applicable requirements of this29797
section, and the registrar has granted permission for the motor29798
vehicle show in accordance with division (E) of this section.29799

       As used in this division (I) of this section:29800

       (1) "Major livestock show" means any show of livestock that29801
is held at the Ohio state fairgrounds, is national in scope, and29802
that continues for more than ten consecutive days.29803

       (2) "Truck" has the same meaning as in section 4511.01 of29804
the Revised Code.29805

       (3) "Gross vehicle weight" means the unladen weight of the29806
vehicle fully equipped.29807

       (J)Whoever violates this section is guilty of a misdemeanor29808
of the fourth degree.29809

       Sec. 4517.23. (A) Any licensed motor vehicle dealer, motor29810
vehicle leasing dealer, manufactured home broker, or distributor29811
shall notify the registrar of motor vehicles concerning any change29812
in status as a dealer, motor vehicle leasing dealer, manufactured29813
home broker, or distributor during the period for which the29814
dealer, broker, or distributor is licensed, if the change of29815
status concerns any of the following:29816

       (A)(1) Personnel of owners, partners, officers, or29817
directors;29818

       (B)(2) Location of office or principal place of business;29819

       (C)(3) In the case of a motor vehicle dealer, any contract29820
or agreement with any manufacturer or distributor; and in the case29821
of a distributor, any contract or agreement with any manufacturer.29822

       (B) The notification required by division (A) of this29823
section shall be made by filing with the registrar, within fifteen29824
days after the change of status, a supplemental statement in a29825
form prescribed by the registrar showing in what respect the29826
status has been changed. If the change involves a change in any29827
contract or agreement between any manufacturer or distributor, and29828
dealer, or any manufacturer and distributor, the supplemental29829
statement shall be accompanied by such copies of contracts,29830
statements, and certificates as would have been required by29831
sections 4517.01 to 4517.45 of the Revised Code if the change had29832
occurred prior to the licensee's application for license.29833

       The motor vehicle dealers board may adopt a rule exempting29834
from the notification requirement of division (A)(1) of this29835
section any dealer if stock in the dealer or its parent company is29836
publicly traded and if there are public records with state or29837
federal agencies that provide the information required by division29838
(A)(1) of this section.29839

       (C)Whoever violates this section is guilty of a misdemeanor29840
of the fourth degree.29841

       Sec. 4517.24. (A) No two motor vehicle dealers shall engage29842
in business at the same location, unless they agree to be jointly,29843
severally, and personally liable for any liability arising from29844
their engaging in business at the same location. The agreement29845
shall be filed with the motor vehicle dealers board, and shall29846
also be made a part of the articles of incorporation of each such29847
dealer filed with the secretary of state. Whenever the board has29848
reason to believe that a dealer who has entered into such an29849
agreement has revoked the agreement but continues to engage in29850
business at the same location, the board shall revoke the29851
dealer's license.29852

       (B) This section does not apply to two or more motor vehicle29853
dealers engaged in the business of selling new or used29854
manufactured or mobile homes in the same manufactured home park.29855

       (C) Whoever violates this section is guilty of a misdemeanor29856
of the fourth degree.29857

       Sec. 4517.25. (A) Every dealer shall maintain a mileage29858
disclosure statement from the previous owner of each motor vehicle29859
the dealer sells, purchases, or receives as a trade on another29860
motor vehicle. The mileage disclosure statement shall be in such29861
form and include such information as the motor vehicle dealers29862
board requires by rule.29863

       (B)Whoever violates this section is guilty of a misdemeanor29864
of the fourth degree.29865

       Sec. 4517.26. (A) Every retail and wholesale sale of a29866
motor vehicle shall be preceded by a written instrument or29867
contract that shall contain all of the agreements of the parties29868
and shall be signed by the buyer and the seller. The seller, upon29869
execution of the agreement or contract and before the delivery of29870
the motor vehicle, shall deliver to the buyer a copy of the29871
agreement or contract that shall clearly describe the motor29872
vehicle sold to the buyer, including, where applicable, its29873
vehicle identification number and the mileage appearing on the29874
odometer of the vehicle at the time of sale and whether the29875
mileage is accurate; the sale price of the vehicle, and, if29876
applicable, the amount paid down by the buyer; the amount credited29877
to the buyer for any trade-in, and a description thereof; the29878
amount of any finance charge; the amount charged for any motor29879
vehicle insurance, and a statement of the types of insurance29880
provided by the policy or policies; the amount of any other29881
charge, and a specification of its purpose; the net balance due29882
from the buyer; and the terms of the payment of the net balance.29883

       This section does not apply to a casual sale of a motor29884
vehicle.29885

       (B)Whoever violates this section is guilty of a misdemeanor29886
of the fourth degree.29887

       Sec. 4517.27. (A) In accordance with Chapter 119. of the29888
Revised Code, the registrar of motor vehicles shall adopt rules29889
for the regulation of manufactured home brokers. The rules shall29890
require that a manufactured home broker maintain a bond of a29891
surety company authorized to transact business in this state in an29892
amount determined by the registrar. The rules also shall require29893
each person licensed as a manufactured home broker to maintain at29894
all times a special or trust bank account that is29895
noninterest-bearing, is separate and distinct from any personal or29896
other account of the broker, and into which shall be deposited and29897
maintained all escrow funds, security deposits, and other moneys29898
received by the broker in a fiduciary capacity. In a form29899
determined by the registrar, a manufactured home broker shall29900
submit written proof to the registrar of the continued maintenance29901
of the special or trust account. A depository where special or29902
trust accounts are maintained in accordance with this section29903
shall be located in this state.29904

       (B)Whoever violates this section is guilty of a misdemeanor29905
of the fourth degree.29906

       Sec. 4517.40. (A) No person who is engaged in or about to29907
engage in the business of selling motor vehicles at retail shall29908
enter into any contract, agreement, or understanding, express or29909
implied, with any manufacturer or distributor of motor vehicles,29910
that hethe person will sell only to a designated person or class29911
of persons all or any part of the retail installment contracts29912
arising out of the sale by himthe person of motor vehicles, or29913
that hethe person will refuse to sell such retail installment29914
contracts to any designated person or class of persons. Any such29915
contract, agreement, or understanding is void.29916

       (B)Whoever violates this section is guilty of a misdemeanor29917
of the fourth degree.29918

       Sec. 4517.41. (A) No manufacturer or distributor of motor29919
vehicles, or the officer, agent, or representative of such29920
manufacturer or distributor, shall induce or coerce, or attempt to29921
induce or coerce, any retail motor vehicle dealer or prospective29922
retail motor vehicle dealer to sell or refuse to sell all or any29923
portion of histhe dealer's or prospective dealer's retail29924
installment contracts to any person or class of persons designated29925
by the manufacturer or distributor, by means of any statement,29926
suggestion, promise, or threat, made directly or indirectly, that29927
the manufacturer or distributor will in any manner injure or29928
benefit the dealer, or by means of any act of the manufacturer or29929
distributor that has benefited or injured the dealer, or by means29930
of any statement or representation, made directly or indirectly,29931
that the dealer is under any obligation to make or refuse to make29932
such sale.29933

       (B)Whoever violates this section is guilty of a misdemeanor29934
of the fourth degree.29935

       Sec. 4517.42. (A) No person engaged in the business of29936
buying retail installment contracts from motor vehicle dealers in29937
this state, and no officer, agent, or representative of such29938
person, shall purchase or attempt to purchase any such retail29939
installment contract from any motor vehicle dealer in this state29940
in the following circumstances:29941

       (A)(1) When the dealer in consequence of any contract,29942
agreement, or arrangement between such person and a manufacturer29943
or distributor supplying motor vehicles to the dealer has been29944
induced or coerced to sell the retail installment contract by29945
means of any statement, suggestion, promise, or threat, made29946
directly or indirectly, that the manufacturer or distributor29947
supplying motor vehicles to the dealer would in any manner injure29948
or benefit the dealer, or by means of any act of the manufacturer29949
or distributor that has benefited or injured the dealer, or by29950
means of any statement or representation, made directly or29951
indirectly, that the dealer is under any obligation to make such29952
sale;29953

       (B)(2) When such person has received or has contracted to29954
receive from any manufacturer or distributor supplying motor29955
vehicles to the dealer, or has given or contracted to give to the29956
manufacturer or distributor, any subsidy or thing of service or29957
value, where the effect of the giving or receiving of the subsidy29958
or thing of service or value may be to lessen or eliminate29959
competition in the business of purchasing retail installment29960
contracts from motor vehicle dealers or may tend to grant an29961
unfair trade advantage or to create a monopoly in such person.29962

       (B)Whoever violates this section is guilty of a misdemeanor29963
of the fourth degree.29964

       Sec. 4517.43. (A) The applications for licenses and the29965
copies of contracts required by sections 4517.04, 4517.05,29966
4517.051, 4517.052, 4517.06, 4517.07, 4517.08, and 4517.09 of the29967
Revised Code are not part of the public records but are29968
confidential information for the use of the registrar of motor29969
vehicles and the motor vehicle dealers board. No person shall29970
divulge any information contained in such applications and29971
acquired by the person in the person's capacity as an official or29972
employee of the bureau of motor vehicles or of the board, except29973
in a report to the registrar, to the board, or when called upon to29974
testify in any court or proceeding.29975

       (B)Whoever violates this section is guilty of a minor29976
misdemeanor.29977

       Sec. 4517.44. (A) No manufacturer or distributor of motor29978
vehicles, dealer in motor vehicles, or manufactured home broker,29979
nor any owner, proprietor, person in control, or keeper of any29980
garage, stable, shop, or other place of business, shall fail to29981
keep or cause to be kept any record required by law.29982

       (B)Whoever violates this section is guilty of a minor29983
misdemeanor.29984

       Sec. 4517.45. (A) No dealer licensed to sell motor vehicles29985
at retail in this state under Chapter 4517. of the Revised Code29986
shall attach to any motor vehicle offered for sale by himthe29987
dealer any tag or placard bearing histhe dealer's name, or the29988
name of histhe dealer's place of business, whenever the method of29989
attachment involves drilling or otherwise creating holes in any29990
part of the body or trim of the vehicle, unless the purchaser29991
consents in writing to such method of attachment.29992

       Any damage to the body or trim of a motor vehicle that29993
results from a violation of this section shall, at the request of29994
the purchaser of the vehicle, be repaired by the dealer in a29995
manner acceptable to the purchaser, and at no cost to himthe29996
purchaser.29997

       (B) Whoever violates this section is guilty of a minor29998
misdemeanor.29999

       Sec. 4517.64. (A) No franchisor shall do any of the30000
following:30001

       (A)(1) Fail to obey a requirement or order made by the motor30002
vehicle dealers board, or the order of any court upon application30003
of the board;30004

       (B)(2) Fail to perform a duty imposed upon it by sections30005
4517.50 to 4517.65 of the Revised Code, or do any act prohibited30006
by those sections.30007

       (B) No franchisee or prospective transferee shall fail to30008
perform a duty imposed upon it by sections 4517.50 to 4517.65 of30009
the Revised Code or do any act prohibited by those sections.30010

       (C) Whoever violates division (A) or (B) of this section is30011
guilty of a misdemeanor of the fourth degree.30012

       Sec. 4517.99. (A) Whoever violates any provision of30013
sections 4517.01 to 4517.65 of the Revised Code, for which no30014
penalty is otherwise is provided in thisthe section that contains30015
the provision violated, or any rule promulgated by the registrar30016
of motor vehicles or the motor vehicle dealers board under30017
sections 4517.01 to 4517.45 of the Revised Code, is guilty of a30018
misdemeanor of the fourth degree.30019

       (B) Whoever violates sections 4517.43 to 4517.45 of the30020
Revised Code is guilty of a minor misdemeanor.30021

       (C) Whoever violates section 4517.02 of the Revised Code is30022
guilty of a minor misdemeanor on a first offense and shall be30023
subject to a mandatory fine of one hundred dollars; on each30024
subsequent offense such person is guilty of a misdemeanor of the30025
first degree and shall be subject to a mandatory fine of one30026
thousand dollars.30027

       (D) Whoever violates section 4517.19 of the Revised Code is30028
guilty of a misdemeanor of the second degree on a first offense;30029
on each subsequent offense the person is guilty of a misdemeanor30030
of the first degree.30031

       Sec. 4519.02.  (A) Except as provided in divisions (B), (C),30032
and (D) of this section, no person shall operate any snowmobile,30033
off-highway motorcycle, or all-purpose vehicle within this state30034
unless the snowmobile, off-highway motorcycle, or all-purpose30035
vehicle is registered and numbered in accordance with sections30036
4519.03 and 4519.04 of the Revised Code.30037

       (B) No registration is required for a snowmobile,30038
off-highway motorcycle, or all-purpose vehicle that is operated30039
exclusively upon lands owned by the owner of the snowmobile,30040
off-highway motorcycle, or all-purpose vehicle, or on lands to30041
which the owner has a contractual right.30042

       (C) No registration is required for a snowmobile,30043
off-highway motorcycle, or all-purpose vehicle owned and used in30044
this state by a resident of another state whenever that state has30045
in effect a registration law similar to this chapter and the30046
snowmobile, off-highway motorcycle, or all-purpose vehicle is30047
properly registered thereunder. Any snowmobile, off-highway30048
motorcycle, or all purpose vehicle owned and used in this state by30049
a resident of another state not having such a registration30050
requirement shall comply with section 4519.09 of the Revised Code.30051

       (D) No registration is required for a snowmobile,30052
off-highway motorcycle, or all-purpose vehicle owned and used in30053
this state by the United States, another state, or a political30054
subdivision thereof, but the snowmobile, off-highway motorcycle,30055
or all-purpose vehicle shall display the name of the owner30056
thereon.30057

       (E) The owner or operator of any all-purpose vehicle30058
operated or used upon the waters in this state shall comply with30059
Chapters 1547. and 1548. of the Revised Code relative to the30060
operation of watercraft.30061

       (F)Except as otherwise provided in this division, whoever30062
violates division (A) of this section shall be fined not more than30063
twenty-five dollars. If the offender previously has been30064
convicted of or pleaded guilty to a violation of division (A) of30065
this section, whoever violates division (A) of this section shall30066
be fined not less than twenty-five nor more than fifty dollars.30067

       Sec. 4519.05.  (A) Whenever a registered snowmobile,30068
off-highway motorcycle, or all-purpose vehicle is destroyed or30069
similarly disposed of, the owner shall surrender the certificate30070
of registration to the registrar of motor vehicles or a deputy30071
registrar within fifteen days following the destruction or30072
disposal. The registrar thereupon shall cancel the certificate30073
and enter that fact in the registrar's records.30074

       In the case of an off-highway motorcycle or all-purpose30075
vehicle for which a certificate of title has been issued, the30076
owner also shall surrender the certificate of title to the clerk30077
of the court of common pleas who issued it and the clerk, with the30078
consent of any lienholders noted thereon, shall enter a30079
cancellation upon the clerk's records and shall notify the30080
registrar of the cancellation. Upon the cancellation of a30081
certificate of title in the manner prescribed by this division,30082
the clerk and the registrar may cancel and destroy all30083
certificates of title and memorandum certificates of title in that30084
chain of title.30085

       (B) Subject to division (B) of section 4519.03 of the30086
Revised Code, whenever the ownership of a registered snowmobile,30087
off-highway motorcycle, or all-purpose vehicle is transferred by30088
sale or otherwise, the new owner, within fifteen days following30089
the transfer, shall make application to the registrar or a deputy30090
registrar for the transfer of the certificate of registration.30091
Upon receipt of the application and a fee of one dollar, the30092
registrar shall transfer the certificate to the new owner and30093
shall enter the new owner's name and address in the registrar's30094
records.30095

       (C) Whenever the owner of a registered snowmobile,30096
off-highway motorcycle, or all-purpose vehicle changes address,30097
the owner shall surrender the certificate of registration to the30098
registrar or a deputy registrar within fifteen days following the30099
address change. Upon receipt of the certificate, the registrar30100
shall enter the new address thereon and shall make the appropriate30101
change in the registrar's records. In a case where the owner's30102
change of address involves a move outside of the state, the30103
registrar shall cancel the certificate of registration for that30104
snowmobile, off-highway motorcycle, or all-purpose vehicle.30105

       (D) Whenever a certificate of registration for a snowmobile,30106
off-highway motorcycle, or all-purpose vehicle is lost, mutilated,30107
or destroyed, the owner may obtain a duplicate certificate, which30108
shall be identified as such, upon application and the payment of a30109
fee of one dollar.30110

       (E)Whoever violates division (A), (B), or (C) of this30111
section shall be fined not more than twenty-five dollars for a30112
first offense; for each subsequent offense, the offender shall be30113
fined not less than twenty-five nor more than fifty dollars.30114

       Sec. 4519.06. (A) Any person who is a dealer in30115
snowmobiles, off-highway motorcycles, or all-purpose vehicles30116
shall make application for registration, for each place in this30117
state at which the business of selling, manufacturing, leasing, or30118
renting snowmobiles, off-highway motorcycles, or all-purpose30119
vehicles is carried on. The application shall show the make of30120
snowmobile, off-highway motorcycle, or all-purpose vehicle30121
manufactured, sold, leased, or rented at such place, and shall be30122
accompanied by a fee of twenty-five dollars. Upon the filing of30123
the application and the payment of the fee therefor, the registrar30124
of motor vehicles shall assign to the applicant a distinctive30125
number. The number shall be displayed upon each snowmobile,30126
off-highway motorcycle, or all-purpose vehicle in the places30127
prescribed in section 4519.04 of the Revised Code whenever the30128
vehicle is being used prior to sale or transfer. The registrar30129
shall adopt rules specifying the manner in which the number may be30130
temporarily affixed to the vehicle.30131

       Upon the termination of any dealership registered under this30132
section, the dealer, within fifteen days following such30133
termination, shall notify the registrar, who shall enter that fact30134
in the registrar's records.30135

       Notwithstanding section 4517.01 of the Revised Code, a dealer30136
licensed to sell motor vehicles also may be registered as a dealer30137
in snowmobiles, off-highway motorcycles, or all-purpose vehicles30138
under this section, and may display, sell, or rent such vehicles30139
at the dealer's established place of business.30140

       (B)Except as otherwise provided in this division, whoever30141
violates this section shall be fined not more than fifty dollars.30142
If the offender previously has been convicted of or pleaded guilty30143
to a violation of this section, whoever violates this section30144
shall be fined not less than fifty nor more than two hundred30145
dollars.30146

       Sec. 4519.20.  (A) The director of public safety, pursuant30147
to Chapter 119. of the Revised Code, shall adopt rules for the30148
equipment of snowmobiles, off-highway motorcycles, and all-purpose30149
vehicles. The rules may be revised from time to time as the30150
director considers necessary, and shall include, but not30151
necessarily be limited to, requirements for the following items of30152
equipment:30153

       (1) At least one headlight having a minimum candlepower of30154
sufficient intensity to reveal persons and objects at a distance30155
of at least one hundred feet ahead under normal atmospheric30156
conditions during hours of darkness;30157

       (2) At least one red tail light having a minimum candlepower30158
of sufficient intensity to be plainly visible from a distance of30159
five hundred feet to the rear under normal atmospheric conditions30160
during hours of darkness;30161

       (3) Adequate brakes. Every snowmobile, while traveling on30162
packed snow, shall be capable of carrying a driver who weighs one30163
hundred seventy-five pounds or more, and, while carrying such30164
driver, be capable of stopping in not more than forty feet from an30165
initial steady speed of twenty miles per hour, or locking its30166
traction belt.30167

       (4) A muffler system capable of precluding the emission of30168
excessive smoke or exhaust fumes, and of limiting the engine noise30169
of vehicles. On snowmobiles manufactured after January 1, 1973,30170
such requirement shall include sound dampening equipment such that30171
noise does not exceed eighty-two decibels on the "A" scale at30172
fifty feet as measured according to SAE J192 (September 1970).30173

       (B) No person shall operate any snowmobile, off-highway30174
motorcycle, or all-purpose vehicle in violation of division30175
(A)(1), (2), (3), or (4) of this section, except that equipment30176
specified in divisions (A)(1) and (2) of this section shall not be30177
required on snowmobiles, off-highway motorcycles, or all-purpose30178
vehicles operated during the daylight hours.30179

       (C) Except as otherwise provided in this division, whoever30180
violates division (B) of this section shall be fined not more than30181
fifty dollars. If the offender within the preceding year30182
previously has committed a violation of division (B) of this30183
section, whoever violates division (B) of this section shall be30184
fined not less than fifteen nor more than one hundred dollars,30185
imprisoned not more than three days, or both.30186

       Sec. 4519.22. (A) No person shall have for sale, sell,30187
offer for sale, lease, rent, or otherwise furnish for hire in this30188
state any new snowmobile, off-highway motorcycle, or all-purpose30189
vehicle that fails to comply with any rule adopted by the director30190
of public safety under section 4519.20 of the Revised Code, after30191
the effective date of the rule.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 within the preceding year previously has committed30195
a violation of this section, whoever violates this section shall30196
be fined not less than fifteen nor more than one hundred dollars,30197
imprisoned not more than three days, or both.30198

       Sec. 4519.40. (A) The applicable provisions of Chapters30199
4511. and 4549. of the Revised Code shall be applied to the30200
operation of snowmobiles, off-highway motorcycles, and all-purpose30201
vehicles, except that no snowmobile, off-highway motorcycle, or30202
all-purpose vehicle shall be operated as follows:30203

       (A)(1) On any limited access highway or freeway or the30204
right-of-way thereof, except for emergency travel only during such30205
time and in such manner as the director of public safety shall30206
designate;30207

       (B)(2) On any private property, or in any nursery or30208
planting area, without the permission of the owner or other person30209
having the right to possession of the property;30210

       (C)(3) On any land or waters controlled by the state, except30211
at those locations where a sign has been posted permitting such30212
operation;30213

       (D)(4) On the tracks or right-of-way of any operating30214
railroad;30215

       (E)(5) While transporting any firearm, bow, or other30216
implement for hunting, that is not unloaded and securely encased;30217

       (F)(6) For the purpose of chasing, pursuing, capturing, or30218
killing any animal or wildfowl;30219

       (G)(7) During the time from sunset to sunrise, unless30220
displaying lighted lights as required by section 4519.20 of the30221
Revised Code.30222

       (B) Whoever violates this section shall be fined not less30223
than fifty nor more than five hundred dollars, imprisoned not less30224
than three nor more than thirty days, or both.30225

       Sec. 4519.41.  Snowmobiles, off-highway motorcycles, and30226
all-purpose vehicles may be operated as follows:30227

       (A) To make a crossing of a highway, other than a highway as30228
designated in division (A)(1) of section 4519.40 of the Revised30229
Code, whenever the crossing can be made in safety and will not30230
interfere with the movement of vehicular traffic approaching from30231
any direction on the highway, and provided that the operator30232
yields the right-of-way to any approaching traffic that presents30233
an immediate hazard;30234

       (B) On highways in the county or township road systems30235
whenever the local authority having jurisdiction over such30236
highways so permits;30237

       (C) Off and alongside a street or highway for limited30238
distances from the point of unloading from a conveyance to the30239
point at which the snowmobile, off-highway motorcycle, or30240
all-purpose vehicle is intended and authorized to be operated;30241

       (D) On the berm or shoulder of a highway, other than a30242
highway as designated in division (A)(1) of section 4519.40 of the30243
Revised Code, when the terrain permits such operation to be30244
undertaken safely and without the necessity of entering any30245
traffic lane;30246

       (E) On the berm or shoulder of a county or township road,30247
while traveling from one area of operation of the snowmobile,30248
off-highway motorcycle, or all-purpose vehicle to another such30249
area.30250

       Sec. 4519.44.  (A) No person who does not hold a valid,30251
current motor vehicle driver's or commercial driver's license,30252
motorcycle operator's endorsement, or probationary license, issued30253
under Chapter 4506. or 4507. of the Revised Code, shall operate a30254
snowmobile, off-highway motorcycle, or all-purpose vehicle on any30255
street or highway in this state, on any portion of the30256
right-of-way thereof, or on any public land or waters.30257

       (B) No person who is less than sixteen years of age shall30258
operate a snowmobile, off-highway motorcycle, or all-purpose30259
vehicle on any land or waters other than private property or30260
waters owned by or leased to the person's parent or guardian,30261
unless accompanied by another person who is eighteen years of age,30262
or older, and who holds a license as provided in division (A) of30263
this section, except that the department of natural resources may30264
permit such operation on state controlled land under its30265
jurisdiction when such person is less than sixteen years of age,30266
but is twelve years of age or older and is accompanied by a parent30267
or guardian who is a licensed driver eighteen years of age or30268
older.30269

       (C)Whoever violates this section shall be fined not less30270
than fifty nor more than five hundred dollars, imprisoned not less30271
than three nor more than thirty days, or both.30272

       Sec. 4519.45. (A) Any dealer who rents, leases, or30273
otherwise furnishes a snowmobile, off-highway motorcycle, or30274
all-purpose vehicle for hire shall maintain the vehicle in safe30275
operating condition. No dealer, or agent or employee of a dealer,30276
shall rent, lease, or otherwise furnish a snowmobile, off-highway30277
motorcycle, or all-purpose vehicle for hire to any person who does30278
not hold a license as required by division (A) of section 4519.4430279
of the Revised Code, or to any person whom the dealer or an agent30280
or employee of the dealer has reasonable cause to believe is30281
incompetent to operate the vehicle in a safe and lawful manner.30282

       (B)Whoever violates this section shall be fined not less30283
than one hundred nor more than five hundred dollars.30284

       Sec. 4519.52.  (A) Except as provided in section 4519.54 of30285
the Revised Code, on and after the effective date of this section30286
July1, 1999, no dealer engaged in the business of selling new or30287
used off-highway motorcycles or all-purpose vehicles shall sell or30288
otherwise transfer a new or used off-highway motorcycle or30289
all-purpose vehicle without obtaining a certificate of title to30290
the new or used motorcycle or vehicle, in accordance with this30291
chapter, and delivering the certificate of title or memorandum30292
certificate of title to the purchaser or transferee.30293

       (B)(1) A person who is not a dealer engaged in the business30294
of selling new or used off-highway motorcycles or all-purpose30295
vehicles and who, on and after the effective date of this section30296
July1, 1999, owns an off-highway motorcycle or all-purpose30297
vehicle, may choose to obtain a certificate of title to the30298
motorcycle or vehicle. The person shall comply with this chapter30299
in order to obtain the certificate of title.30300

       (2) If a person who is not a dealer engaged in the business30301
of selling new or used off-highway motorcycles or all-purpose30302
vehicles and who owns an off-highway motorcycle or all-purpose30303
vehicle obtains a certificate of title to the motorcycle or30304
vehicle, that person shall not sell or otherwise transfer the30305
motorcycle or vehicle without delivering to the purchaser or30306
transferee a certificate of title with such assignment thereon as30307
is necessary to show title in the purchaser or transferee, and no30308
person shall subsequently purchase or otherwise acquire the30309
motorcycle or vehicle without obtaining a certificate of title to30310
the motorcycle or vehicle in the person's own name.30311

       (C)Whoever violates this section shall be fined fifty30312
dollars.30313

       Sec. 4519.66. (A) No person shall do any of the following:30314

       (A)(1) Operate in this state an off-highway motorcycle or30315
all-purpose vehicle without having a certificate of title for the30316
off-highway motorcycle or all-purpose vehicle, if such a30317
certificate is required by this chapter to be issued for the30318
off-highway motorcycle or all-purpose vehicle;30319

       (B)(2) Operate in this state an off-highway motorcycle or30320
all-purpose vehicle if a certificate of title to the off-highway30321
motorcycle or all-purpose vehicle has been issued and then has30322
been canceled;30323

       (C)(3) Fail to surrender any certificate of title upon30324
cancellation of the same by the registrar of motor vehicles and30325
notice thereof as prescribed in this chapter;30326

       (D)(4) Fail to surrender the certificate of title to the30327
clerk of the court of common pleas as provided in this chapter, in30328
case of the destruction or dismantling of, or change in, the30329
off-highway motorcycle or all-purpose vehicle described in the30330
certificate of title;30331

       (E)(5) Violate sections 4519.51 to 4519.70 of the Revised30332
Code for which no penalty is otherwise provided in the section30333
violated or any lawful rules promulgated pursuant to those30334
sections.30335

       (B)Whoever violates this section shall be fined not more30336
than two hundred dollars, imprisoned not more than ninety days, or30337
both.30338

       Sec. 4519.67. (A) No person shall do any of the following:30339

       (A)(1) Procure or attempt to procure a certificate of title30340
to an off-highway motorcycle or all-purpose vehicle, or pass or30341
attempt to pass a certificate of title or any assignment thereof30342
to an off-highway motorcycle or all-purpose vehicle, knowing or30343
having reason to believe that the off-highway motorcycle or30344
all-purpose vehicle has been stolen;30345

       (B)(2) Sell or offer for sale in this state an off-highway30346
motorcycle or all-purpose vehicle on which the manufacturer's or30347
assigned vehicle identification number has been destroyed,30348
removed, covered, altered, or defaced with knowledge of the30349
destruction, removal, covering, alteration, or defacement of the30350
manufacturer's or assigned vehicle identification number;30351

       (C)(3) Sell or transfer an off-highway motorcycle or30352
all-purpose vehicle without delivering to the purchaser or30353
transferee thereof a certificate of title, or a manufacturer's or30354
importer's certificate thereto, assigned to the purchaser as30355
provided for in this chapter.30356

       (B)Whoever violates this section shall be fined not more30357
than five thousand dollars, imprisoned in the county jail or30358
workhouse not less than six months nor more than one year or in30359
the penitentiary not less than one year nor more than five years,30360
or both.30361

       Sec. 4549.01. (A) No person while operating a motor vehicle30362
shall fail to slow down and stop saidthe vehicle when signalled30363
to do so upon meeting or overtaking a horse-drawn vehicle or30364
person on horseback and to remain stationary until suchthe30365
vehicle or person has passed, provided suchthe signal to stop is30366
given in good faith, under circumstances of necessity, and only as30367
often and for suchthat length of time as is required for suchthe30368
vehicle or person to pass, whether it is approaching from the30369
front or rear.30370

       (B)Whoever violates this section is guilty of a minor30371
misdemeanor on a first offense and a misdemeanor of the fourth30372
degree on each subsequent offense.30373

       Sec. 4549.02. (A) In case of accident to or collision with30374
persons or property upon any of the public roads or highways, due30375
to the driving or operation thereon of any motor vehicle, the30376
person so driving or operating suchthe motor vehicle, having30377
knowledge of suchthe accident or collision, shall immediately30378
shall stop histhe driver's or operator's motor vehicle at the30379
scene of the accident or collision and shall remain at the scene30380
of suchthe accident or collision until hethe driver or operator30381
has given histhe driver's or operator's name and address and, if30382
hethe driver or operator is not the owner, the name and address30383
of the owner of suchthat motor vehicle, together with the30384
registered number of suchthat motor vehicle, to any person30385
injured in suchthe accident or collision or to the operator,30386
occupant, owner, or attendant of any motor vehicle damaged in such30387
the accident or collision, or to any police officer at the scene30388
of suchthe accident or collision.30389

       In the event the injured person is unable to comprehend and30390
record the information required to be given by this section, the30391
other driver involved in suchthe accident or collision shall30392
forthwith shall notify the nearest police authority concerning the30393
location of the accident or collision, and histhe driver's name,30394
address, and the registered number of the motor vehicle hethe30395
driver was operating, and then remain at the scene of the accident30396
or collision until a police officer arrives, unless removed from30397
the scene by an emergency vehicle operated by a political30398
subdivision or an ambulance.30399

       If suchthe accident or collision is with an unoccupied or30400
unattended motor vehicle, the operator so collidingwho collides30401
with suchthe motor vehicle shall securely attach the information30402
required to be given in this section, in writing, to a conspicuous30403
place in or on saidthe unoccupied or unattended motor vehicle.30404

       (B)Whoever violates division (A) of this section is guilty30405
of failure to stop after an accident, a misdemeanor of the first30406
degree. If the violation results in serious physical harm or30407
death to a person, failure to stop after an accident is a felony30408
of the fifth degree. The court, in addition to any other30409
penalties provided by law, shall impose upon the offender a class30410
five suspension of the offender's driver's license, commercial30411
driver's license, temporary instruction permit, probationary30412
license, or nonresident operating privilege from the range30413
specified in division (A)(5) of section 4510.02 of the Revised30414
Code.30415

       Sec. 4549.021. (A) In case of accident or collision30416
resulting in injury or damage to persons or property upon any30417
public or private property other than public roads or highways,30418
due to the driving or operation thereon of any motor vehicle, the30419
person so driving or operating suchthe motor vehicle, having30420
knowledge of suchthe accident or collision, shall stop, and, upon30421
request of the person injured or damaged, or any other person,30422
shall give suchthat person histhe driver's or operator's name30423
and address, and, if hethe driver or operator is not the owner,30424
the name and address of the owner of suchthat motor vehicle,30425
together with the registered number of suchthat motor vehicle,30426
and, if available, exhibit histhe driver's or operator's driver's30427
or commercial driver's license.30428

       If the owner or person in charge of suchthe damaged property30429
is not furnished such information, the driver of the motor vehicle30430
involved in the accident or collision shall, within twenty-four30431
hours after suchthe accident or collision, shall forward to the30432
police department of the city or village in which suchthe30433
accident or collision occurred or if it occurred outside the30434
corporate limits of a city or village to the sheriff of the county30435
in which suchthe accident or collision occurred the same30436
information required to be given to the owner or person in control30437
of suchthe damaged property and give the date, time, and location30438
of the accident or collision.30439

       If the accident or collision is with an unoccupied or30440
unattended motor vehicle, the operator so collidingwho collides30441
with suchthe motor vehicle shall securely attach the information30442
required to be given in this section, in writing, to a conspicuous30443
place in or on the unoccupied or unattended motor vehicle.30444

       (B)Whoever violates division (A) of this section is guilty30445
of failure to stop after a nonpublic road accident, a misdemeanor30446
of the first degree. If the violation results in serious physical30447
harm or death to a person, failure to stop after a nonpublic road30448
accident is a felony of the fifth degree. The court, in addition30449
to any other penalties provided by law, shall impose upon the30450
offender a class five suspension of the offender's driver's30451
license, commercial driver's license, temporary instruction30452
permit, probationary license, or nonresident operating privilege30453
from the range specified in division (A)(5) of section 4510.02 of30454
the Revised Code.30455

       Sec. 4549.03. (A) The driver of any vehicle involved in an30456
accident resulting in damage to real property, or personal30457
property attached to such real property, legally upon or adjacent30458
to a public road or highway shall immediately shall stop and take30459
reasonable steps to locate and notify the owner or person in30460
charge of suchthe property of suchthat fact, of histhe driver's30461
name and his address, and of the registration number of the30462
vehicle hethe driver is driving and shall, upon request and if30463
available, shall exhibit histhe driver's driver's or commercial30464
driver's license.30465

       If the owner or person in charge of suchthe property cannot30466
be located after reasonable search, the driver of the vehicle30467
involved in the accident resulting in damage to suchthe property30468
shall, within twenty-four hours after suchthe accident, shall30469
forward to the police department of the city or village in which30470
suchthe accident or collision occurred, or if it occurred outside30471
the corporate limits of a city or village to the sheriff of the30472
county in which suchthe accident or collision occurred, the same30473
information required to be given to the owner or person in control30474
of suchthe property and give the location of the accident and a30475
description of the damage insofar as it is known.30476

       (B)Whoever violates division (A) of this section is guilty30477
of failure to stop after an accident involving the property of30478
others, a misdemeanor of the first degree.30479

       Sec. 4549.042. (A)(1) No person shall sell or otherwise30480
dispose of a master key designed to fit more than one motor30481
vehicle, knowing or having reasonable cause to believe suchthe30482
key will be used to commit a crime.30483

       (2) No person shall buy, receive, or have in histhe30484
person's possession a master key designed to fit more than one30485
motor vehicle, for the purpose of using suchthe key to commit a30486
crime.30487

       (B)Whoever violates division (A)(1) or (2) of this section30488
is guilty of a motor vehicle master key violation, a felony of the30489
fifth degree on a first offense and a felony of the fourth degree30490
on each subsequent offense.30491

       Sec. 4549.08. (A) No person shall operate or drive a motor30492
vehicle upon the public roads and highways in this state if it30493
displays a license plate or a distinctive number or identification30494
mark that meets any of the following criteria:30495

       (A)(1) Is fictitious;30496

       (B)(2) Is a counterfeit or an unlawfully made copy of any30497
distinctive number or identification mark;30498

       (C)(3) Belongs to another motor vehicle, provided that this30499
section does not apply to a motor vehicle that is operated on the30500
public roads and highways in this state when the motor vehicle30501
displays license plates that originally were issued for a motor30502
vehicle that previously was owned by the same person who owns the30503
motor vehicle that is operated on the public roads and highways in30504
this state, during the thirty-day period described in division30505
(C)(A)(3) of section 4503.12 of the Revised Code.30506

       (B) A person who fails to comply with the transfer of30507
registration provisions of section 4503.12 of the Revised Code and30508
is charged with a violation of that section shall not be charged30509
with a violation of this section.30510

       (C)Whoever violates division (A)(1), (2), or (3) of this30511
section is guilty of operating a motor vehicle bearing an invalid30512
license plate or identification mark, a misdemeanor of the fourth30513
degree on a first offense and a misdemeanor of the third degree on30514
each subsequent offense.30515

       Sec. 4549.10. (A) No person shall operate or cause to be30516
operated upon a public road or highway a motor vehicle of a30517
manufacturer or dealer unless suchthe vehicle carries and30518
displays two placards, except as provided in section 4503.21 of30519
the Revised Code, issued by the director of public safety, bearing30520
that bear the registration number of its manufacturer or dealer.30521

       (B)Whoever violates division (A) of this section is guilty30522
of illegal operation of a manufacturer's or dealer's motor30523
vehicle, a minor misdemeanor on a first offense and a misdemeanor30524
of the fourth degree on each subsequent offense.30525

       Sec. 4549.11. (A) No person shall operate or drive upon the30526
highways of this state a motor vehicle acquired from a former30527
owner who has registered the samemotor vehicle, while suchthe30528
motor vehicle displays the distinctive number or identification30529
mark assigned to it upon its original registration.30530

       (B)Whoever violates division (A) of this section is guilty30531
of operation of a motor vehicle bearing license plates or an30532
identification mark issued to another, a minor misdemeanor on a30533
first offense and a misdemeanor of the fourth degree on each30534
subsequent offense.30535

       Sec. 4549.12. (A) No person who is the owner of a motor30536
vehicle and a resident of this state shall operate or drive such30537
the motor vehicle upon the highways of this state, while it30538
displays a distinctive number or identification mark issued by or30539
under the authority of another state, without complying with the30540
laws of this state relating to the registration and identification30541
of motor vehicles.30542

       (B)Whoever violates division (A) of this section is guilty30543
of illegal operation by a resident of this state of a motor30544
vehicle bearing the distinctive number or identification mark30545
issued by a foreign jurisdiction, a minor misdemeanor on a first30546
offense and a misdemeanor of the fourth degree on each subsequent30547
offense.30548

       Sec. 4549.18. (A) The operator of a "commercial car," as30549
defined in section 4501.01 of the Revised Code, when suchthe30550
commercial car is required to be registered under the Revised30551
Code, shall, when operating suchthe commercial car, trailer, or30552
semitrailer on the streets, roads, or highways of this state,30553
display inside or on the vehicle the certificate of registration30554
for suchthe commercial car, trailer, or semitrailer provided for30555
in section 4503.19 of the Revised Code, or shall carry suchthe30556
certificate on histhe operator's person and display such30557
certificateit upon the demand of any state highway patrol trooper30558
or other peace officer.30559

       Every person operating a commercial car, trailer, or30560
semitrailer required to be registered under the Revised Code,30561
shall permit the inspection of the certificate of registration30562
upon demand of the superintendent or any member of the state30563
highway patrol or other peace officer of this state.30564

       (B)Whoever violates division (A) of this section is guilty30565
of a commercial car certificate of registration violation, a minor30566
misdemeanor.30567

       Sec. 4549.42.  (A) No person shall adjust, alter, change,30568
tamper with, advance, set back, disconnect, or fail to connect, an30569
odometer of a motor vehicle, or cause any of the foregoing to30570
occur to an odometer of a motor vehicle with the intent to alter30571
the number of miles registered on the odometer.30572

       (B) Division (A) of this section does not apply to the30573
disconnection of an odometer used for registering the mileage of30574
any new motor vehicle being tested by the manufacturer prior to30575
delivery to a franchise dealer.30576

       (C) Nothing in this section shall preventprevents the30577
service of an odometer, provided that after suchthe service a30578
completed form, captioned "notice of odometer repair"," shall be30579
attached to the left door frame of the motor vehicle by the person30580
performing suchthe repairs. SuchThe notice shall contain, in30581
bold-face type, the following information and statements:30582

"Notice of Odometer Repair
30583

       The odometer of this motor vehicle was repaired or replaced30584
on ................. (date of service).30585

       The mileage registered on the odometer of this motor vehicle30586
before repair was ........... (mileage).30587

       The mileage registered on the odometer of this motor vehicle30588
after repair is ........... (mileage).30589

............................. 30590
(Repairman's Repairer's signature)" 30591

       (D) No person shall intentionally remove or alter the notice30592
required by division (C) of this section.30593

       (E) If after the service of an odometer, the odometer can be30594
set at the same mileage as before suchthe service, the odometer30595
shall be adjusted to reflect that mileage registered on the30596
odometer of the motor vehicle before the service. If the odometer30597
cannot be set at the same mileage as before suchthe service, the30598
odometer of the motor vehicle shall be adjusted to read "zero"."30599

       (F) Except as otherwise provided in this division, whoever30600
violates this section is guilty of tampering with an odometer, a30601
felony of the fifth degree. If the offender previously has been30602
convicted of or pleaded guilty to a violation of this section or30603
of any provision of sections 4549.43 to 4549.46 of the Revised30604
Code, tampering with an odometer is a felony of the fourth degree.30605

       Sec. 4549.43. (A) No person, with intent to defraud, shall30606
advertise for sale, sell, use, or install on any part of any motor30607
vehicle or an odometer in any motor vehicle any device whichthat30608
causes the odometer to register any mileage other than the actual30609
mileage driven by the motor vehicle. For the purpose of this30610
section, the actual mileage driven is that mileage driven by the30611
motor vehicle as registered by an odometer within the30612
manufacturer's designed tolerance.30613

       (B)Except as otherwise provided in this division, whoever30614
violates this section is guilty of selling or installing an30615
odometer tampering device, a felony of the fourth degree. If the30616
offender previously has been convicted of or pleaded guilty to a30617
violation of this section, section 4549.42, or any provision of30618
sections 4549.44 to 4549.46 of the Revised Code, selling or30619
installing an odometer tampering device is a felony of the third30620
degree.30621

       Sec. 4549.44. (A) No person, with intent to defraud, shall30622
operate a motor vehicle on any public street, road, or highway of30623
this state knowing that the odometer of suchthe vehicle is30624
disconnected or nonfunctional.30625

       A person's intent to defraud under this section may be30626
inferred from evidence of the circumstances of the vehicle's30627
operation, including facts pertaining to the length of time or30628
number of miles of operation with a nonfunctioning or disconnected30629
odometer, and the fact that the person subsequently transferred30630
the vehicle without disclosing the inoperative odometer to the30631
transferee in violation of section 4549.45 of the Revised Code.30632

       (B)Except as otherwise provided in this division, whoever30633
violates this section is guilty of fraudulent driving without a30634
functional odometer, a felony of the fourth degree. If the30635
offender previously has been convicted of or pleaded guilty to a30636
violation of this section, section 4549.42 or 4549.43, or any30637
provision of sections 4549.45 to 4549.46 of the Revised Code,30638
fraudulent driving without a functional odometer is a felony of30639
the third degree.30640

       Sec. 4549.45. (A) No person shall transfer a motor vehicle30641
if the person knows or recklessly disregards facts indicating that30642
the odometer of the motor vehicle has been changed, tampered with,30643
or disconnected, or has been in any other manner nonfunctional, to30644
reflect a lesser mileage or use, unless that person gives clear30645
and unequivocal notice of suchthe tampering or nonfunction or of30646
histhe person's reasonable belief of tampering or nonfunction, to30647
the transferee in writing prior to the transfer. In a prosecution30648
for violation of this section, evidence that a transferor or his30649
the transferor's agent has changed, tampered with, disconnected,30650
or failed to connect the odometer of the motor vehicle constitutes30651
prima-facie evidence of knowledge of the odometer's altered30652
condition.30653

       (B)Except as otherwise provided in this division, whoever30654
violates this section is guilty of transferring a motor vehicle30655
that has a tampered or nonfunctional odometer, a felony of the30656
fourth degree. If the offender previously has been convicted of30657
or pleaded guilty to a violation of this section, any provision of30658
sections 4549.42 to 4549.44, or any provision of section 4549.45130659
or 4549.46 of the Revised Code, transferring a motor vehicle that30660
has a tampered or nonfunctional odometer is a felony of the third30661
degree.30662

       Sec. 4549.451. (A) No auctioneer licensed under Chapter30663
4707. of the Revised Code shall advertise for sale by means of any30664
written advertisement, brochure, flyer, or other writing, any30665
motor vehicle the auctioneer knows or has reason to believe has an30666
odometer that has been changed, tampered with, or disconnected, or30667
in any other manner has been nonfunctional, unless the listing or30668
description of the vehicle contained in the written advertisement,30669
brochure, flyer, or other writing contains one of the two30670
following statements:30671

       (A)(1) "This motor vehicle has an odometer that has been30672
changed, tampered with, or disconnected, or otherwise has been30673
nonfunctional."30674

       (B)(2) "Nonactual odometer reading: warning - odometer30675
discrepancy."30676

       (B) The statement selected by the auctioneer shall be30677
printed in type identical in size to the other type used in the30678
listing or description, and shall be located within the listing or30679
description and not located as a footnote to the listing or30680
description.30681

       (C)Except as otherwise provided in this division, whoever30682
violates this section is guilty of a felony of the fourth degree.30683
If the offender previously has been convicted of or pleaded guilty30684
to a violation of this section, any provision of sections 4549.4230685
to 4549.45, or section 4549.46 of the Revised Code, whoever30686
violates this section is guilty of a felony of the third degree.30687

       Sec. 4549.46.  (A) No transferor shall fail to provide the30688
true and complete odometer disclosures required by section 4505.0630689
of the Revised Code. The transferor of a motor vehicle is not in30690
violation of this section's provisionsdivision requiring a true30691
odometer reading if the odometer reading is incorrect due to a30692
previous owner's violation of any of the provisions contained in30693
sections 4549.42 to 4549.46 of the Revised Code, unless the30694
transferor knows of or recklessly disregards facts indicating the30695
violation.30696

       (B) No dealer or wholesaler who acquires ownership of a30697
motor vehicle shall accept any written odometer disclosure30698
statement unless the statement is completed as required by section30699
4505.06 of the Revised Code.30700

       (C) A motor vehicle leasing dealer may obtain a written30701
odometer disclosure statement completed as required by section30702
4505.06 of the Revised Code from a motor vehicle lessee that can30703
be used as prima-facie evidence in any legal action arising under30704
sections 4549.41 to 4549.46 of the Revised Code.30705

       (D)Except as otherwise provided in this division, whoever30706
violates division (A) or (B) of this section is guilty of an30707
odometer disclosure violation, a felony of the fourth degree. If30708
the offender previously has been convicted of or pleaded guilty to30709
a violation of this section or any provision of sections 4549.4230710
to 4549.451 of the Revised Code, a violation of this section is a30711
felony of the third degree.30712

       Sec. 4549.52.  The prosecuting attorney of the county in30713
which a violation of any provision of sections 4549.41 to 4549.5130714
of the Revised Code occurs, or the attorney general, may bring a30715
criminal action to enforce the provisions of sections 4549.41 to30716
4549.51 of the Revised Code. The attorney general and the30717
prosecuting attorney of the county in which a person licensed or30718
granted a permit under Chapter 4517. of the Revised Code is30719
convicted of or pleads guilty to a violation of any provision of30720
sections 4549.41 to 4549.46 of the Revised Code shall report the30721
conviction or guilty plea to the registrar of motor vehicles30722
within five business days of the conviction or plea.30723

       Sec. 4549.62.  (A) No person shall, with purpose to conceal30724
or destroy the identity of a vehicle or vehicle part, shall30725
remove, deface, cover, alter, or destroy any vehicle30726
identification number or derivative thereofof a vehicle30727
identification number on a vehicle or vehicle part.30728

       (B) No person shall, with purpose to conceal or destroy the30729
identity of a vehicle or a vehicle part, shall remove, deface,30730
cover, alter, or destroy any identifying number that has been30731
lawfully placed upon a vehicle or vehicle part by an owner of the30732
vehicle or vehicle part, other than the manufacturer, for the30733
purpose of deterring its theft and facilitating its recovery if30734
stolen.30735

       (C) No person shall, with purpose to conceal or destroy the30736
identity of a vehicle or vehicle part, shall place a counterfeit30737
vehicle identification number or derivative thereofof a vehicle30738
identification number upon the vehicle or vehicle part.30739

       (D)(1) No person shall buy, offer to buy, sell, offer to30740
sell, receive, dispose of, conceal, or, except as provided in30741
division (D)(4) of this section, possess any vehicle or vehicle30742
part with knowledge that the vehicle identification number or a30743
derivative thereofof the vehicle identification number has been30744
removed, defaced, covered, altered, or destroyed in such a manner30745
that the identity of the vehicle or part cannot be determined by a30746
visual examination of the number at the site where the30747
manufacturer placed the number.30748

       (2)(a) A vehicle or vehicle part from which the vehicle30749
identification number or a derivative thereofof the vehicle30750
identification number has been so removed, defaced, covered,30751
altered, or destroyed shall be seized and forfeited under section30752
2933.41 of the Revised Code unless division (D)(3) or (4) of this30753
section applies to the vehicle or part. If a derivative of the30754
vehicle identification number has been removed, defaced, covered,30755
altered, or destroyed in such a manner that the identity of the30756
part cannot be determined, the entire vehicle is subject to30757
seizure pending a determination of the original identity and30758
ownership of the vehicle and parts of the vehicle, and the rights30759
of innocent owners to reclaim the remainder or any part of the30760
vehicle.30761

       (b) The lawful owners of parts upon a vehicle that has been30762
seized under this section and that is subject to forfeiture under30763
section 2933.41 of the Revised Code are entitled to reclaim their30764
respective parts upon satisfactory proof of all of the following:30765

       (i) That the part is not needed for evidence in pending30766
proceedings involving the vehicle or part and is not subject to30767
forfeiture under section 2933.41 of the Revised Code;30768

       (ii) That the original identity and ownership of the part30769
can be determined and that the claimant is the lawful owner of the30770
part;30771

       (iii) That no vehicle identification number or derivative of30772
a vehicle identification number on the part has been destroyed or30773
concealed in such a manner that the identity of the part cannot be30774
determined from that number;30775

       (iv) Payment of all costs of removing the part.30776

       (3) Divisions (A), (B), and (D)(1) and (2) of this section30777
do not apply to the good faith acquisition and disposition of30778
vehicles and vehicle parts as junk or scrap in the ordinary course30779
of business by a scrap metal processing facility as defined in30780
division (E)(D) of section 4737.05 of the Revised Code or by a30781
motor vehicle salvage dealer licensed under Chapter 4738. of the30782
Revised Code. This division (D)(3) does not create an element of30783
an offense or an affirmative defense, or affect the burden of30784
proceeding with the evidence or burden of proof in a criminal30785
proceeding.30786

       (4)(a) Divisions (D)(1) and (2) of this section do not apply30787
to the possession of an owner, or the owner's insurer, who30788
provides satisfactory evidence of all of the following:30789

       (i) That the vehicle identification number or derivative30790
thereof on the vehicle or part has been removed, defaced, covered,30791
altered, or destroyed, after the owner acquired such possession,30792
by another person without the consent of the owner, by accident or30793
other casualty not due to the owner's purpose to conceal or30794
destroy the identity of the vehicle or vehicle part, or by30795
ordinary wear and tear;30796

       (ii) That the person is the owner of the vehicle as shown on30797
a valid certificate of title issued by this state or certificate30798
of title or other lawful evidence of title issued in another30799
state, in a clear chain of title beginning with the manufacturer;30800

       (iii) That the original identity of the vehicle can be30801
established in a manner that excludes any reasonable probability30802
that the vehicle has been stolen from another person.30803

       (b) The registrar of motor vehicles shall adopt rules under30804
Chapter 119. of the Revised Code to permit an owner described in30805
division (D)(4)(a) of this section, upon application and30806
submission of satisfactory evidence to the registrar of motor30807
vehicles, to obtain authority to replace the vehicle30808
identification number under the supervision of a peace officer,30809
trooper of the state highway patrol, or representative of the30810
registrar. The rules shall be designed to restore the30811
identification of the vehicle in a manner that will deter its30812
theft and facilitate its marketability. Until such rules are30813
adopted, the registrar shall follow the existing procedure for the30814
replacement of vehicle identification numbers that have been30815
established by the registrar, with such modifications as the30816
registrar determines to be necessary or appropriate for the30817
administration of the laws hethe registrar is required to30818
administer.30819

       The registrar may issue a temporary permit to an owner of a30820
motor vehicle who is described in division (D)(4)(a) of this30821
section to authorize the owner to retain possession of the motor30822
vehicle and to transfer title to the motor vehicle with the30823
consent of the registrar.30824

       (c) No owner described in division (D)(4)(a) of this section30825
shall knowingly fail knowingly to apply to the registrar for30826
authority to replace the vehicle identification number, within30827
thirty days after the later of the following dates:30828

       (i) The date of receipt by the applicant of actual knowledge30829
of the concealment or destruction;30830

       (ii) If the property has been stolen, the date thereafter30831
upon which the applicant obtains possession of the vehicle or has30832
been notified by a law enforcement agency that the vehicle has30833
been recovered.30834

       The requirement of division (D)(4)(c) of this section may be30835
excused by the registrar for good cause shown.30836

       (E) Whoever violates division (A), (B), (C), or (D)(1) of30837
this section is guilty of a felony of the fifth degree on a first30838
offense and a felony of the fourth degree on each subsequent30839
offense.30840

       (F) Whoever violates division (D)(4)(c) of this section is30841
guilty of a minor misdemeanor.30842

       Sec. 4551.04. (A) No person shall transport trees or boughs30843
described in section 4551.01 of the Revised Code in violation of30844
sections 4551.01 to 4551.03, inclusive, of the Revised Code.30845

       (B)Whoever violates this section shall be fined not more30846
than one thousand dollars, imprisoned not more than thirty days,30847
or both.30848

       Sec. 4561.11. (A) All airports, landing fields, and landing30849
areas shall be approved by the department of transportation before30850
being used for commercial purposes. The department may issue a30851
certificate of approval in each case. The department shall30852
require that a complete plan of such airport, landing field, or30853
landing area be filed with it before granting or issuing such30854
approval; provided that in no case in which the department30855
licenses or certifies an airport, landing field, or landing area30856
constructed, maintained, or supported, in whole or in part, by30857
public funds, under sections 4561.01 to 4561.151 of the Revised30858
Code, shall the public be deprived of the use thereof or its30859
facilities for aviation purposes as fully and equally as all other30860
parties.30861

       In any case in which the department rejects or disapproves an30862
application to operate an airport, landing field, or landing area,30863
or in any case in which the department issues an order requiring30864
certain things to be done before approval, it shall set forth its30865
reasons therefor and shall state the requirements to be met before30866
such approval will be given or such order modified or changed. In30867
any case in which the department considers it necessary, it may30868
order the closing of any airport, landing field, or landing area30869
for commercial purposes until the requirements of the order made30870
by the department are complied with.30871

       Appeal from any action or decision of the department in any30872
such matter shall be made in accordance with sections 119.01 to30873
119.13 of the Revised Code.30874

       The department shall require that any person engaged within30875
this state in operating aircraft, in any form of navigation, shall30876
be the holder of a currently effective airman'saviator's license30877
issued by the civil aeronautics administration.30878

       The airman'saviator's license required by this section shall30879
be kept in the personal possession of the pilot when the pilot is30880
operating aircraft within this state, and shall be presented for30881
inspection upon the request of any passenger, any authorized30882
representative of the department, or any official manager or30883
person in charge of any airport, landing field, or area in this30884
state upon which the pilot lands.30885

       (B)Whoever violates this section shall be fined not more30886
than five hundred dollars, imprisoned not more than ninety days,30887
or both.30888

       Sec. 4561.12. (A) No aircraft shall be operated or30889
maintained on any public land or water owned or controlled by this30890
state, or by any political subdivision thereofof this state,30891
except at such places and under such rules and regulations30892
governing and controlling the operation and maintenance of30893
aircraft as are adopted and promulgated by the department of30894
transportation in accordance with sections 119.01 to 119.13 of the30895
Revised Code.30896

       Such action and approval by the department shall not become30897
effective until it has been approved by the adoption and30898
promulgation of appropriate rules and regulations governing,30899
controlling, and approving said places and the method of operation30900
and maintenance of aircraft, by the department, division,30901
political subdivision, agent, or agency of this state having30902
ownership or control of the places on said public land or water30903
which are affected by such operation or maintenance of aircraft30904
thereon.30905

       (B)Whoever violates this section shall be fined not more30906
than five hundred dollars, imprisoned not more than ninety days,30907
or both.30908

       Sec. 4561.14. (A) No person shall operate any aircraft in30909
this state unless such person is the holder of a valid airman's30910
aviator's license issued by the United States.30911

       No person operating an aircraft within this state shall fail30912
to exhibit such license for inspection upon the demand of any30913
passenger on such aircraft, or fail to exhibit same for inspection30914
upon the demand of any peace officer, member or employee of the30915
department of transportation, or manager or person in charge of an30916
airport or landing field within this state, prior to taking off or30917
upon landing said aircraft.30918

       No person shall operate an aircraft within this state unless30919
such aircraft is licensed and registered by the United States;30920
this section is inapplicable to the operation of military aircraft30921
of the United States, aircraft of a state, territory, or30922
possession of the United States, or aircraft licensed by a foreign30923
country with which the United States has a reciprocal agreement30924
covering the operation of such aircraft.30925

       No person shall operate an aircraft within this state in30926
violation of any air traffic rules in force under the laws of the30927
United States or under sections 4561.01 to 4561.14 of the Revised30928
Code, and the rules and regulations of the department adopted30929
pursuant thereto.30930

       (B)Whoever violates this section shall be fined not more30931
than five hundred dollars, imprisoned not more than ninety days,30932
or both.30933

       Sec. 4561.15.  (A) No person shall commit any of the30934
following acts:30935

       (1) Carry passengers in an aircraft unless the person30936
piloting the aircraft is a holder of a valid airman'sairperson's30937
certificate of competency in the grade of private pilot or higher30938
issued by the United States; this division of this section is30939
inapplicable to the operation of military aircraft of the United30940
States, aircraft of a state, territory, or possession of the30941
United States, or aircraft licensed by a foreign country with30942
which the United States has a reciprocal agreement covering the30943
operation of such aircraft.;30944

       (2) Operate an aircraft on the land or water or in the air30945
space over this state in a careless or reckless manner that30946
endangers any person or property, or with willful or wanton30947
disregard for the rights or safety of others.;30948

       (3) Operate an aircraft on the land or water or in the air30949
space over this state while under the influence of intoxicating30950
liquor, controlled substances, or other habit-forming drugs.;30951

       (4) Tamper with, alter, destroy, remove, carry away, or30952
cause to be carried away any object used for the marking of30953
airports, landing fields, or other aeronautical facilities in this30954
state, or in any way change the position or location of such30955
markings, except by the direction of the proper authorities30956
charged with the maintenance and operation of such facilities, or30957
illegally possess any object used for such markings.30958

       (B) Jurisdiction over any proceedings charging a violation30959
of this section is limited to courts of record.30960

       (C)Whoever violates this section shall be fined not more30961
than five hundred dollars, imprisoned not more than six months, or30962
both.30963

       Sec. 4561.22. (A) No owner or operator of an aircraft shall30964
violate sections 4561.17 to 4561.20, inclusive, of the Revised30965
Code.30966

       (B)Whoever violates this section shall be fined not more30967
than one hundred dollars, imprisoned not more than thirty days, or30968
both.30969

       Sec. 4561.24. (A) No person shall operate a motor vehicle30970
upon any runway of an airport without prior approval of the person30971
in charge of the airport when the airport has been certified as a30972
commercial airport by the office of aviation.30973

       Any person lending assistance to the operator or operation of30974
a vehicle engaged in such activity shall be equally charged as the30975
participants.30976

       (B)Except as otherwise provided in this division, whoever30977
violates this section shall be fined not less than one hundred nor30978
more than five hundred dollars, imprisoned for not more than six30979
months, or both. If the offender previously has committed a30980
violation of this section, whoever violates this section shall be30981
fined not less than two hundred nor more than one thousand30982
dollars, imprisoned for not more than one year, or both.30983

       (C) As used in this section, "motor vehicle" has the same30984
meaning as in section 4501.01 of the Revised Code.30985

       (D) Airport vehicles and emergency and maintenance equipment30986
are exempted from this section.30987

       Sec. 4561.31.  (A)(1) Except as provided in divisions (D),30988
(E), and (F) of this section, no person shall commence to install30989
any structure or object of natural growth in this state, any part30990
of which will penetrate or is reasonably expected to penetrate30991
into or through any airport's clear zone surface, horizontal30992
surface, conical surface, primary surface, approach surface, or30993
transitional surface without first obtaining a permit from the30994
department of transportation under section 4561.34 of the Revised30995
Code. The replacement of an existing structure or object of30996
natural growth with, respectively, a structure or object that is30997
not more than ten feet or twenty per cent higher than the height30998
of the existing structure or object, whichever is higher, does not30999
constitute commencing to install a structure or object, except31000
when any part of the structure or object will penetrate or is31001
reasonably expected to penetrate into or through any airport's31002
clear zone surface, horizontal surface, conical surface, primary31003
surface, approach surface, or transitional surface. Such31004
replacement of a like structure or object is not exempt from any31005
other requirements of state or local law.31006

       (2) No person shall substantially change, as determined by31007
the department, the height or location of any structure or object31008
of natural growth in this state, any part of which, as a result of31009
such change, will penetrate or is reasonably expected to penetrate31010
into or through any airport's clear zone surface, horizontal31011
surface, conical surface, primary surface, approach surface, or31012
transitional surface, and for which installation had commenced or31013
which was already installed prior to the effective date of this31014
sectionOctober 15, 1991, without first obtaining a permit from31015
the department under section 4561.34 of the Revised Code. This31016
division does not exempt the structure or object from any other31017
requirements of state or local law.31018

       (3) No person shall substantially change, as determined by31019
the department, the height or location of any structure or object31020
of natural growth for which a permit was issued pursuant to31021
section 4561.34 of the Revised Code, without first obtaining an31022
amended permit from the department under that section.31023

       (B) No person shall install, operate, or maintain any31024
structure or object of natural growth for which a permit has been31025
issued under section 4561.34 of the Revised Code, except in31026
compliance with the permit's terms and conditions and with any31027
rules or orders issued under sections 4561.30 to 4561.39 of the31028
Revised Code.31029

       (C) The holder of a permit issued under section 4561.34 of31030
the Revised Code, with the department's approval, may transfer the31031
permit to another person who agrees to comply with its terms and31032
conditions.31033

       (D) Any person who receives a permit to construct,31034
establish, substantially change, or substantially alter a31035
structure or object of natural growth from an airport zoning board31036
on or after the effective date of this sectionOctober 15, 1991,31037
under Chapter 4563. of the Revised Code is not required to apply31038
for a permit from the department under sections 4561.30 to 4561.3931039
of the Revised Code, provided that the airport zoning board has31040
adopted airport zoning regulations pursuant to section 4563.032 of31041
the Revised Code.31042

       (E) Any person who receives a certificate from the power31043
siting board pursuant to section 4906.03 or 4906.10 of the Revised31044
Code on or after the effective date of this sectionOctober 15,31045
1991, is not required to apply for a permit from the department31046
under sections 4561.30 to 4561.39 of the Revised Code.31047

       (F) Any person who, in accordance with 14 C.F.R. 77.11 to31048
77.19, notified the federal aviation administration prior to June31049
1, 1991, that hethe person proposes to construct, establish,31050
substantially change, or substantially alter a structure or object31051
of natural growth is not required to apply for a permit from the31052
department under sections 4561.30 to 4561.39 of the Revised Code31053
in connection with the construction, establishment, substantial31054
change, or substantial alteration of the structure or object of31055
natural growth either as originally proposed to the federal31056
aviation administration or as altered as the person or the federal31057
aviation administration considers necessary, provided that the31058
federal aviation administration, pursuant to 14 C.F.R. Part 77,31059
does not determine that the proposed construction, establishment,31060
substantial change, or substantial alteration of the structure or31061
object of natural growth would be a hazard to air navigation.31062

       (G)(1)Whoever violates division (A)(1) or (2) of this31063
section is guilty of a misdemeanor of the third degree. Each day31064
of violation constitutes a separate offense.31065

       (2) Whoever violates division (A)(3) or (B) of this section31066
is guilty of a misdemeanor of the first degree. Each day of31067
violation constitutes a separate offense.31068

       Sec. 4561.99. (A) Whoever violates any provision of31069
sections 4561.014561.021 to 4561.144561.13 of the Revised Code31070
for which no penalty otherwise is provided in the section that31071
contains the provision violated shall be fined not more than five31072
hundred dollars, imprisoned not more than ninety days, or both.31073

       (B) Whoever violates section 4561.15 of the Revised Code31074
shall be fined not more than five hundred dollars, imprisoned not31075
more than six months, or both.31076

       (C) Whoever violates section 4561.22 of the Revised Code31077
shall be fined not more than one hundred dollars, imprisoned not31078
more than thirty days, or both.31079

       (D) Whoever violates section 4561.24 of the Revised Code31080
shall be fined not less than one hundred nor more than five31081
hundred dollars, imprisoned for not more than six months, or both,31082
for a first offense and shall be fined not less than two hundred31083
nor more than one thousand dollars, imprisoned for not more than31084
one year, or both, for each subsequent offense.31085

       (E) Whoever violates division (A)(1) or (2) of section31086
4561.31 of the Revised Code is guilty of a misdemeanor of the31087
third degree. Each day of violation constitutes a separate31088
offense.31089

       (F) Whoever violates division (A)(3) or (B) of section31090
4561.31 of the Revised Code is guilty of a misdemeanor of the31091
first degree. Each day of violation constitutes a separate31092
offense.31093

       Sec. 4563.09.  No airport zoning regulations adopted under31094
sections 4563.01 to 4563.21, inclusive, and section 4563.99 of the31095
Revised Code, shall require the removal, lowering, or other change31096
or alteration of any structure or object of natural growth not31097
conforming to the regulations when adopted or amended, or31098
otherwise interfere with the continuance of any nonconforming use,31099
except as provided in section 4563.14 of the Revised Code.31100

       Sec. 4563.10.  Nothing in sections 4563.01 to 4563.21,31101
inclusive, of the Revised Code, shall confer any power on any31102
political subdivision or airport zoning board to prohibit the use31103
of any land for farming, dairying, pasturage, apiculture,31104
horticulture, floriculture, viticulture, or animal and poultry31105
husbandry, except where such use shall create an airport hazard.31106
The provisions of sections 4563.01 to 4563.21, inclusive, and31107
section 4563.99 of the Revised Code shall not apply in respect to31108
the location, relocation, erection, construction, reconstruction,31109
change, alteration, maintenance, removal, use, or enlargement of31110
any buildings or structures, now existing or constructed in the31111
future, of any public utility or railroad.31112

       Sec. 4563.20. (A) No person shall violate any regulation,31113
order, or ruling promulgated or made pursuant to sections 4563.0131114
to 4563.21, inclusive, of the Revised Code.31115

       (B)Whoever violates this section shall be fined not more31116
than one hundred dollars. Each day's willful continuation of the31117
violation is a separate offense.31118

       Sec. 4582.06. (A) A port authority created in accordance31119
with section 4582.02 of the Revised Code may:31120

       (A)(1) Acquire, construct, furnish, equip, maintain, repair,31121
sell, exchange, lease to or from, lease with an option to31122
purchase, convey other interests in, or operate real or personal31123
property, or any combination thereof, related to, useful for, or31124
in furtherance of any authorized purpose, and make charges for the31125
use of any port authority facility, which shall be not less than31126
the charges established for the same services furnished by a31127
public utility or common carrier in the jurisdiction of the31128
particular port authority;31129

       (B)(2) Straighten, deepen, and improve any canal, channel,31130
river, stream, or other water course or way that may be necessary31131
or proper in the development of the facilities of the port31132
authority;31133

       (C)(3) Issue bonds or notes for the acquisition,31134
construction, furnishing, or equipping of any real or personal31135
property, or any combination thereof, related to, useful for, or31136
in furtherance of any authorized purpose, in compliance with31137
Chapter 133. of the Revised Code, except that the bonds or notes31138
only may be issued pursuant to a vote of the electors residing31139
within the territory of the port authority. The net indebtedness31140
incurred by a port authority shall never exceed two per cent of31141
the total value of all property within the territory comprising31142
the authority as listed and assessed for taxation.31143

       (D)(4) By resolution of its board of directors, issue31144
revenue bonds beyond the limit of bonded indebtedness provided by31145
law, for the acquisition, construction, furnishing, or equipping31146
of any real or personal property, or any combination thereof,31147
related to, useful for, or in furtherance of any authorized31148
purpose, including all costs in connection with or incidental31149
thereto.31150

       The revenue bonds of the port authority shall be secured only31151
by a pledge of and a lien on the revenues of the port authority31152
derived from those loan payments, rentals, fees, charges, or other31153
revenues that are designated in the resolution, including, but not31154
limited to, any property to be acquired, constructed, furnished,31155
or equipped with the proceeds of the bond issue, after provision31156
only for the reasonable cost of operating, maintaining, and31157
repairing the property of the port authority so designated. The31158
bonds may further be secured by the covenant of the port authority31159
to maintain rates or charges that will produce revenues sufficient31160
to meet the costs of operating, maintaining, and repairing such31161
property and to meet the interest and principal requirements of31162
the bonds and to establish and maintain reserves for the foregoing31163
purposes. The board of directors, by resolution, may provide for31164
the issuance of additional revenue bonds from time to time, to be31165
secured equally and ratably, without preference, priority, or31166
distinction, with outstanding revenue bonds, but subject to the31167
terms and limitations of any trust agreement described in this31168
section, and of any resolution authorizing bonds then outstanding.31169
The board of directors, by resolution, may designate additional31170
property of the port authority, the revenues of which shall be31171
pledged and be subject to a lien for the payment of the debt31172
charges on revenue bonds theretofore authorized by resolution of31173
the board of directors, to the same extent as the revenues above31174
described.31175

       In the discretion of the board of directors, the revenue31176
bonds of the port authority may be secured by a trust agreement31177
between the board of directors on behalf of the port authority and31178
a corporate trustee, that may be any trust company or bank having31179
powers of a trust company, within or without the state.31180

       The trust agreement may provide for the pledge or assignment31181
of the revenues to be received, but shall not pledge the general31182
credit and taxing power of the port authority. A trust agreement31183
securing revenue bonds issued to acquire, construct, furnish, or31184
equip real property, plants, factories, offices, and other31185
structures and facilities for authorized purposes consistent with31186
Section 13 or 16 of Article VIII, Ohio Constitution, may mortgage31187
the real or personal property, or a combination thereof, to be31188
acquired, constructed, furnished, or equipped from the proceeds of31189
such revenue bonds, as further security for the bonds. The trust31190
agreement or the resolution providing for the issuance of revenue31191
bonds may set forth the rights and remedies of the bondholders and31192
trustee, and may contain other provisions for protecting and31193
enforcing their rights and remedies that are determined in the31194
discretion of the board of directors to be reasonable and proper.31195
The agreement or resolution may provide for the custody,31196
investment, and disbursement of all moneys derived from the sale31197
of such bonds, or from the revenues of the port authority, other31198
than those moneys received from taxes levied pursuant to section31199
4582.14 of the Revised Code, and may provide for the deposit of31200
such funds without regard to section 4582.15 of the Revised Code.31201

       All bonds issued under authority of this chapter, regardless31202
of form or terms and regardless of any other law to the contrary,31203
shall have all qualities and incidents of negotiable instruments,31204
subject to provisions for registration, and may be issued in31205
coupon, fully registered, or other form, or any combination31206
thereof, as the board of directors determines. Provision may be31207
made for the registration of any coupon bonds as to principal31208
alone or as to both principal and interest, and for the conversion31209
into coupon bonds of any fully registered bonds or bonds31210
registered as to both principal and interest.31211

       The revenue bonds shall bear interest at such rate or rates,31212
shall bear such date or dates, and shall mature within forty years31213
following the date of issuance and in such amount, at such time or31214
times, and in such number of installments, as may be provided in31215
or pursuant to the resolution authorizing their issuance. Any31216
original issue of revenue bonds shall mature not later than forty31217
years from their date of issue. Such resolution also shall31218
provide for the execution of the bonds, which may be by facsimile31219
signatures unless prohibited by the resolution, and the manner of31220
sale of the bonds. The resolution shall provide for, or provide31221
for the determination of, any other terms and conditions relative31222
to the issuance, sale, and retirement of the bonds that the board31223
of directors in its discretion determines to be reasonable and31224
proper.31225

       Whenever a port authority considers it expedient, it may31226
issue renewal notes and refund any bonds, whether the bonds to be31227
refunded have or have not matured. The final maturity of any31228
notes, including any renewal notes, shall not be later than five31229
years from the date of issue of the original issue of notes. The31230
final maturity of any refunding bonds shall not be later than the31231
later of forty years from the date of issue of the original issue31232
of bonds or the date by which it is expected, at the time of31233
issuance of the refunding bonds, that the useful life of all of31234
the property, other than interests in land, refinanced with31235
proceeds of the bonds will have expired. The refunding bonds31236
shall be sold and the proceeds applied to the purchase,31237
redemption, or payment of the bonds to be refunded and the costs31238
of issuance of the refunding bonds. The bonds and notes issued31239
under this chapter, their transfer, and the income therefrom,31240
shall at all times be free from taxation within the state.31241

       (E)(5) Do any of the following, in regard to any interests31242
in any real or personal property, or any combination thereof,31243
including, without limitation, machinery, equipment, plants,31244
factories, offices, and other structures and facilities related31245
to, useful for, or in furtherance of any authorized purpose, for31246
such consideration and in such manner, consistent with Article31247
VIII, Ohio Constitution, as the board in its sole discretion may31248
determine:31249

       (1)(a) Loan moneys to any person for the acquisition,31250
construction, furnishing, and equipping of the property;31251

       (2)(b) Acquire, construct, maintain, repair, furnish, and31252
equip the property;31253

       (3)(c) Sell to, exchange with, lease, convey other interests31254
in, or lease with an option to purchase the same or any lesser31255
interest in the property to the same or any other person or31256
governmental entity;31257

       (4)(d) Guarantee the obligations of any person or31258
governmental entity.31259

       A port authority may accept and hold as consideration for the31260
conveyance of property or any interest therein such property or31261
interests therein as the board in its discretion may determine,31262
notwithstanding any restrictions that apply to the investment of31263
funds by a port authority.31264

       (F)(6) Construct, maintain, repair, furnish, equip, sell,31265
exchange, lease, or lease with an option to purchase, any property31266
that it is authorized to acquire. A port authority that is31267
subject to this section also may operate any property in31268
connection with transportation, recreational, governmental31269
operations, or cultural activities.31270

       (1)(a) Any purchase, exchange, sale, lease, lease with an31271
option to purchase, conveyance of other interests in, or other31272
contract with a person or governmental entity that pertains to the31273
acquisition, construction, maintenance, repair, furnishing,31274
equipping, or operation of any real or personal property, or any31275
combination thereof, related to, useful for, or in furtherance of31276
an activity contemplated by Section 13 or 16 of Article VIII, Ohio31277
Constitution, shall be made in such manner and subject to such31278
terms and conditions as may be determined by the board of31279
directors in its discretion.31280

       (2)(b) Division (F)(1)(A)(6)(a) of this section applies to31281
all contracts that are subject to the division, notwithstanding31282
any other provision of law that might otherwise apply, including,31283
without limitation, any requirement of notice, any requirement of31284
competitive bidding or selection, or any requirement for the31285
provision of security.31286

       (3)(c) Divisions (F)(1)(A)(6)(a) and (2)(b) of this section31287
do not apply to either of the following:31288

       (a)(i) Any contract secured by or to be paid from moneys31289
raised by taxation or the proceeds of obligations secured by a31290
pledge of moneys raised by taxation;31291

       (b)(ii) Any contract secured exclusively by or to be paid31292
exclusively from the general revenues of the port authority. For31293
the purposes of this section, any revenues derived by the port31294
authority under a lease or other agreement that, by its terms,31295
contemplates the use of amounts payable under the agreement either31296
to pay the costs of the improvement that is the subject of the31297
contract or to secure obligations of the port authority issued to31298
finance costs of such improvement, are excluded from general31299
revenues.31300

       (G)(7) Apply to the proper authorities of the United States31301
pursuant to appropriate law for the right to establish, operate,31302
and maintain foreign trade zones and to establish, operate, and31303
maintain foreign trade zones; and to acquire land or property31304
therefor, in a manner consistent with section 4582.17 of the31305
Revised Code;31306

       (H)(8) Exercise the right of eminent domain to appropriate31307
any land, rights, rights-of-way, franchises, easements, or other31308
property, necessary or proper for any authorized purpose, pursuant31309
to the procedure provided in sections 163.01 to 163.22 of the31310
Revised Code, if funds equal to the appraised value of the31311
property to be acquired as a result of such proceedings are31312
available for that purpose, except that nothing contained in31313
sections 4582.01 to 4582.20 of the Revised Code shall authorize a31314
port authority to take or disturb property or facilities belonging31315
to any agency or political subdivision of this state, public31316
utility, or common carrier, which property or facilities are31317
necessary and convenient in the operation of the agency or31318
political subdivision, public utility, or common carrier, unless31319
provision is made for the restoration, relocation, or duplication31320
of the property or facilities, or upon the election of the agency31321
or political subdivision, public utility, or common carrier, for31322
the payment of compensation, if any, at the sole cost of the port31323
authority, provided that:31324

       (1)(a) If any restoration or duplication proposed to be made31325
pursuant to this section involves a relocation of such property or31326
facilities, the new facilities and location shall be of at least31327
comparable utilitarian value and effectiveness, and the relocation31328
shall not impair the ability of the public utility or common31329
carrier to compete in its original area of operation.31330

       (2)(b) If any restoration or duplication made pursuant to31331
this section involves a relocation of such property or facilities,31332
the port authority shall acquire no interest or right in or to the31333
appropriated property or facilities, except as provided in31334
division (K)(A)(11) of this section, until the relocated property31335
or facilities are available for use and until marketable title31336
thereto has been transferred to the public utility or common31337
carrier.31338

       (3)(c) Provisions for restoration or duplication shall be31339
described in detail in the resolution for appropriation passed by31340
the port authority.31341

       (I)(9) Enjoy and possess the same rights, privileges, and31342
powers granted municipal corporations under sections 721.04 to31343
721.11 of the Revised Code;31344

       (J)(10) Maintain such funds as it considers necessary;31345

       (K)(11) Direct its agents or employees, when properly31346
identified in writing, and after at least five days' written31347
notice, to enter upon lands within the confines of its31348
jurisdiction in order to make surveys and examinations preliminary31349
to location and construction of works for the purposes of the port31350
authority, without liability of the port authority or its agents31351
or employees except for actual damage done;31352

       (L)(12) Sell, lease, or convey other interests in real and31353
personal property and grant easements or rights-of-way over31354
property of the port authority. The board of directors shall31355
specify the consideration and any terms thereof for the sale,31356
lease, or conveyance of other interests in real and personal31357
property. Any determinations made by the board of directors under31358
this division shall be conclusive. The sale, lease, or conveyance31359
may be made without advertising and the receipt of bids.31360

       (M)(13) Promote, advertise, and publicize the port authority31361
facilities and its authorized purposes, provide information to31362
persons with an interest in transportation and other port31363
authority activities, and appear before rate-making authorities to31364
represent and promote the interests of the port authority and its31365
authorized purposes;31366

       (N)(14) Adopt rules, not in conflict with general law,31367
governing the use of and the safeguarding of its property,31368
grounds, buildings, equipment, and facilities, safeguarding31369
persons and their property located on or in port authority31370
property, and governing the conduct of its employees and the31371
public, in order to promote the public safety and convenience in31372
and about its terminals and grounds, and to maintain order. Any31373
such regulation shall be posted at no less than five public places31374
in the port authority, as determined by the board of directors,31375
for a period of not fewer than fifteen days, and shall be31376
available for public inspection at the principal office of the31377
port authority during regular business hours. No person shall31378
violate any lawful regulation adopted and posted as provided in31379
this division.31380

       (O)(15) Do all acts necessary or appropriate to carry out31381
its authorized purposes. The port authority shall have the powers31382
and rights granted to other subdivisions under section 9.20 of the31383
Revised Code.31384

       (B) Any instrument by which real property is acquired31385
pursuant to this section shall identify the agency of the state31386
that has the use and benefit of the real property as specified in31387
section 5301.012 of the Revised Code.31388

       (C)Whoever violates division (A)(14) of this section is31389
guilty of a minor misdemeanor.31390

       Sec. 4582.31. (A) A port authority created in accordance31391
with section 4582.22 of the Revised Code may:31392

       (A)(1) Adopt bylaws for the regulation of its affairs and31393
the conduct of its business;31394

       (B)(2) Adopt an official seal;31395

       (C)(3) Maintain a principal office within its jurisdiction,31396
and maintain such branch offices as it may require;31397

       (D)(4) Acquire, construct, furnish, equip, maintain, repair,31398
sell, exchange, lease to or from, or lease with an option to31399
purchase, convey other interests in real or personal property, or31400
any combination thereof, related to, useful for, or in furtherance31401
of any authorized purpose and operate any property in connection31402
with transportation, recreational, governmental operations, or31403
cultural activities;31404

       (E)(5) Straighten, deepen, and improve any channel, river,31405
stream, or other water course or way which may be necessary or31406
proper in the development of the facilities of a port authority;31407

       (F)(6) Make available the use or services of any port31408
authority facility to one or more persons, one or more31409
governmental agencies, or any combination thereof;31410

       (G)(7) Issue bonds or notes for the acquisition,31411
construction, furnishing, or equipping of any port authority31412
facility or other permanent improvement that a port authority is31413
authorized to acquire, construct, furnish, or equip, in compliance31414
with Chapter 133. of the Revised Code, except that such bonds or31415
notes may only be issued pursuant to a vote of the electors31416
residing within the area of jurisdiction of the port authority.31417
The net indebtedness incurred by a port authority shall never31418
exceed two per cent of the total value of all property within the31419
territory comprising the port authority as listed and assessed for31420
taxation.31421

       (H)(8) Issue port authority revenue bonds beyond the limit31422
of bonded indebtedness provided by law, payable solely from31423
revenues as provided in section 4582.48 of the Revised Code, for31424
the purpose of providing funds to pay the costs of any port31425
authority facility or facilities or parts thereof;31426

       (I)(9) Apply to the proper authorities of the United States31427
pursuant to appropriate law for the right to establish, operate,31428
and maintain foreign trade zones and establish, operate, and31429
maintain foreign trade zones and to acquire, exchange, sell, lease31430
to or from, lease with an option to purchase, or operate31431
facilities, land, or property therefor in accordance with the31432
"Foreign Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to31433
81u;31434

       (J)(10) Enjoy and possess the same rights, privileges, and31435
powers granted municipal corporations under sections 721.04 to31436
721.11 of the Revised Code;31437

       (K)(11) Maintain such funds as it considers necessary;31438

       (L)(12) Direct its agents or employees, when properly31439
identified in writing, and after at least five days' written31440
notice, to enter upon lands within the confines of its31441
jurisdiction in order to make surveys and examinations preliminary31442
to location and construction of works for the purposes of the port31443
authority, without liability of the port authority or its agents31444
or employees except for actual damage done;31445

       (M)(13) Promote, advertise, and publicize the port authority31446
and its facilities; provide information to shippers and other31447
commercial interests; and appear before rate-making authorities to31448
represent and promote the interests of the port authority;31449

       (N)(14) Adopt rules, not in conflict with general law, it31450
finds necessary or incidental to the performance of its duties and31451
the execution of its powers under sections 4582.21 to 4582.54 of31452
the Revised Code. Any such rule shall be posted at no less than31453
five public places in the port authority, as determined by the31454
board of directors, for a period of not fewer than fifteen days,31455
and shall be available for public inspection at the principal31456
office of the port authority during regular business hours. No31457
person shall violate any lawful rule adopted and posted as31458
provided in this division.31459

       (O)(15) Do any of the following, in regard to any interests31460
in any real or personal property, or any combination thereof,31461
including, without limitation, machinery, equipment, plants,31462
factories, offices, and other structures and facilities related31463
to, useful for, or in furtherance of any authorized purpose, for31464
such consideration and in such manner, consistent with Article31465
VIII of the Ohio Constitution, as the board in its sole discretion31466
may determine:31467

       (1)(a) Loan moneys to any person or governmental entity for31468
the acquisition, construction, furnishing, and equipping of the31469
property;31470

       (2)(b) Acquire, construct, maintain, repair, furnish, and31471
equip the property;31472

       (3)(c) Sell to, exchange with, lease, convey other interests31473
in, or lease with an option to purchase the same or any lesser31474
interest in the property to the same or any other person or31475
governmental entity;31476

       (4)(d) Guarantee the obligations of any person or31477
governmental entity.31478

       A port authority may accept and hold as consideration for the31479
conveyance of property or any interest therein such property or31480
interests therein as the board in its discretion may determine,31481
notwithstanding any restrictions that apply to the investment of31482
funds by a port authority.31483

       (P)(16) Sell, lease, or convey other interests in real and31484
personal property, and grant easements or rights-of-way over31485
property of the port authority. The board of directors shall31486
specify the consideration and any terms for the sale, lease, or31487
conveyance of other interests in real and personal property. Any31488
determination made by the board under this division shall be31489
conclusive. The sale, lease, or conveyance may be made without31490
advertising and the receipt of bids.31491

       (Q)(17) Exercise the right of eminent domain to appropriate31492
any land, rights, rights-of-way, franchises, easements, or other31493
property, necessary or proper for any authorized purpose, pursuant31494
to the procedure provided in sections 163.01 to 163.22 of the31495
Revised Code, if funds equal to the appraised value of the31496
property to be acquired as a result of such proceedings are31497
available for that purpose. However, nothing contained in31498
sections 4582.201 to 4582.59 of the Revised Code shall authorize a31499
port authority to take or disturb property or facilities belonging31500
to any agency or political subdivision of this state, public31501
utility, or common carrier, which property or facilities are31502
necessary and convenient in the operation of the agency or31503
political subdivision, public utility, or common carrier, unless31504
provision is made for the restoration, relocation, or duplication31505
of such property or facilities, or upon the election of the agency31506
or political subdivision, public utility, or common carrier, for31507
the payment of compensation, if any, at the sole cost of the port31508
authority, provided that:31509

       (1)(a) If any restoration or duplication proposed to be made31510
under this section involves a relocation of the property or31511
facilities, the new facilities and location shall be of at least31512
comparable utilitarian value and effectiveness and shall not31513
impair the ability of the public utility or common carrier to31514
compete in its original area of operation;31515

       (2)(b) If any restoration or duplication made under this31516
section involves a relocation of the property or facilities, the31517
port authority shall acquire no interest or right in or to the31518
appropriated property or facilities, except as provided in31519
division (O) of this section, until the relocated property or31520
facilities are available for use and until marketable title31521
thereto has been transferred to the public utility or common31522
carrier.31523

       (R)(1)(18)(a) Make and enter into all contracts and31524
agreements and execute all instruments necessary or incidental to31525
the performance of its duties and the execution of its powers31526
under sections 4582.21 to 4582.59 of the Revised Code.31527

       (2)(b) Except as provided in division (R)(3)(A)(18)(c) of31528
this section, when the cost of a contract for the construction of31529
any building, structure, or other improvement undertaken by a port31530
authority involves an expenditure exceeding twenty-five thousand31531
dollars, and the port authority is the contracting entity, the31532
port authority shall make a written contract after notice calling31533
for bids for the award of the contract has been given by31534
publication twice, with at least seven days between publications,31535
in a newspaper of general circulation in the area of the port31536
authority. Each such contract shall be let to the lowest31537
responsive and responsible bidder in accordance with section 9.31231538
of the Revised Code. Every contract shall be accompanied by or31539
shall refer to plans and specifications for the work to be done,31540
prepared for and approved by the port authority, signed by an31541
authorized officer of the port authority and by the contractor,31542
and shall be executed in triplicate.31543

       Each bid shall be awarded in accordance with sections 153.54,31544
153.57, and 153.571 of the Revised Code. The port authority may31545
reject any and all bids.31546

       (3)(c) The board of directors by rule may provide criteria31547
for the negotiation and award without competitive bidding of any31548
contract as to which the port authority is the contracting entity31549
for the construction of any building or structure or other31550
improvement under any of the following circumstances:31551

       (a)(i) There exists a real and present emergency that31552
threatens damage or injury to persons or property of the port31553
authority or other persons, provided that a statement specifying31554
the nature of the emergency that is the basis for the negotiation31555
and award of a contract without competitive bidding shall be31556
signed by the officer of the port authority that executes that31557
contract at the time of the contract's execution and shall be31558
attached to the contract.31559

       (b)(ii) A commonly recognized industry or other standard or31560
specification does not exist and cannot objectively be articulated31561
for the improvement.31562

       (c)(iii) The contract is for any energy conservation measure31563
as defined in section 307.041 of the Revised Code.31564

       (d)(iv) With respect to material to be incorporated into the31565
improvement, only a single source or supplier exists for the31566
material.31567

       (e)(v) A single bid is received by the port authority after31568
complying with the provisions of division (R)(2)(A)(18)(b) of this31569
section.31570

       (4)(a)(d)(i) If a contract is to be negotiated and awarded31571
without competitive bidding for the reason set forth in division31572
(R)(3)(b)(A)(18)(c)(ii) of this section, the port authority shall31573
publish a notice calling for technical proposals at least twice,31574
with at least seven days between publications, in a newspaper of31575
general circulation in the area of the port authority. After31576
receipt of the technical proposals, the port authority may31577
negotiate with and award a contract for the improvement to the31578
proposer making the proposal considered to be the most31579
advantageous to the port authority.31580

       (b)(ii) If a contract is to be negotiated and awarded31581
without competitive bidding for the reason set forth in division31582
(R)(3)(d)(A)(18)(c)(iv) of this section, any construction31583
activities related to the incorporation of the material into the31584
improvement also may be provided without competitive bidding by31585
the source or supplier of that material.31586

       (5)(a)(e)(i) Any purchase, exchange, sale, lease, lease with31587
an option to purchase, conveyance of other interests in, or other31588
contract with a person or governmental entity that pertains to the31589
acquisition, construction, maintenance, repair, furnishing,31590
equipping, or operation of any real or personal property, or any31591
combination thereof, related to, useful for, or in furtherance of31592
an activity contemplated by Section 13 or 16 of Article VIII, Ohio31593
Constitution, shall be made in such manner and subject to such31594
terms and conditions as may be determined by the board of31595
directors in its discretion.31596

       (b)(ii) Division (R)(5)(a)(A)(18)(e)(i) of this section31597
applies to all contracts that are subject to the division,31598
notwithstanding any other provision of law that might otherwise31599
apply, including, without limitation, any requirement of notice,31600
any requirement of competitive bidding or selection, or any31601
requirement for the provision of security.31602

       (c)(iii) Divisions (R)(5)(a)(A)(18)(e)(i) and (b)(ii) of31603
this section do not apply to either of the following:31604

       (i) Any: any contract secured by or to be paid from moneys31605
raised by taxation or the proceeds of obligations secured by a31606
pledge of moneys raised by taxation.31607

       (ii) Any;or any contract secured exclusively by or to be31608
paid exclusively from the general revenues of the port authority.31609
For the purposes of this section, any revenues derived by the port31610
authority under a lease or other agreement that, by its terms,31611
contemplates the use of amounts payable under the agreement either31612
to pay the costs of the improvement that is the subject of the31613
contract or to secure obligations of the port authority issued to31614
finance costs of such improvement, are excluded from general31615
revenues.31616

       (S)(19) Employ managers, superintendents, and other31617
employees and retain or contract with consulting engineers,31618
financial consultants, accounting experts, architects, attorneys,31619
and any other consultants and independent contractors as are31620
necessary in its judgment to carry out this chapter, and fix the31621
compensation thereof. All expenses thereof shall be payable from31622
any available funds of the port authority or from funds31623
appropriated for that purpose by a political subdivision creating31624
or participating in the creation of the port authority.31625

       (T)(20) Receive and accept from any state or federal agency31626
grants and loans for or in aid of the construction of any port31627
authority facility or for research and development with respect to31628
port authority facilities, and receive and accept aid or31629
contributions from any source of money, property, labor, or other31630
things of value, to be held, used, and applied only for the31631
purposes for which the grants and contributions are made;31632

       (U)(21) Engage in research and development with respect to31633
port authority facilities;31634

       (V)(22) Purchase fire and extended coverage and liability31635
insurance for any port authority facility and for the principal31636
office and branch offices of the port authority, insurance31637
protecting the port authority and its officers and employees31638
against liability for damage to property or injury to or death of31639
persons arising from its operations, and any other insurance the31640
port authority may agree to provide under any resolution31641
authorizing its port authority revenue bonds or in any trust31642
agreement securing the same;31643

       (W)(23) Charge, alter, and collect rentals and other charges31644
for the use or services of any port authority facility as provided31645
in section 4582.43 of the Revised Code;31646

       (X)(24) Provide coverage for its employees under Chapters31647
145., 4123., and 4141. of the Revised Code;31648

       (Y)(25) Do all acts necessary or proper to carry out the31649
powers expressly granted in sections 4582.21 to 4582.59 of the31650
Revised Code.31651

       (B) Any instrument by which real property is acquired31652
pursuant to this section shall identify the agency of the state31653
that has the use and benefit of the real property as specified in31654
section 5301.012 of the Revised Code.31655

       (C)Whoever violates division (A)(14) of this section is31656
guilty of a minor misdemeanor.31657

       Sec. 4582.59.  Sections 4582.22 to 4582.994582.59 of the31658
Revised Code and division (C) of section 4582.06 of the Revised31659
Code being necessary for the welfare of the state and its31660
inhabitants shall be liberally construed to effect the purposes31661
thereof.31662

       Sec. 4583.01. (A) No person shall keep a ferry across a31663
stream running through or bounding on a county in this state,31664
without having obtained a license therefor from the court of31665
common pleas of such county.31666

       (B)Whoever violates this section shall be fined not more31667
than thirty dollars.31668

       Sec. 5120.032.  (A) No later than January 1, 1998, the31669
department of rehabilitation and correction shall develop and31670
implement intensive program prisons for male and female prisoners31671
other than prisoners described in division (B)(2) of this section.31672
The intensive program prisons shall include institutions at which31673
imprisonment of the type described in division (B)(2)(a) of31674
section 5120.031 of the Revised Code is provided and prisons that31675
focus on educational achievement, vocational training, alcohol and31676
other drug abuse treatment, community service and conservation31677
work, and other intensive regimens or combinations of intensive31678
regimens.31679

       (B)(1)(a) Except as provided in division (B)(2) of this31680
section, if the sentencing court determines that a prisoner is31681
eligible for placement in an intensive program prison under this31682
section and the sentencing court either recommends the offender31683
for placement in the intensive program prison or makes no31684
recommendation on placement of the prisoner, the department may31685
place the prisoner in an intensive program prison established31686
pursuant to division (A) of this section.31687

       If the sentencing court recommends a prisoner for placement31688
in an intensive program prison and the department subsequently31689
places the prisoner in the recommended prison, the department31690
shall notify the court of the prisoner's placement in the31691
recommended intensive program prison and shall include with the31692
notice a brief description of the placement.31693

       If the sentencing court approves placement of a prisoner in31694
an intensive program prison and the department does not31695
subsequently place the offender in the recommended prison, the31696
department shall send a notice to the court indicating why the31697
prisoner was not placed in the recommended prison.31698

       If the sentencing court does not make a recommendation on the31699
placement of an eligible prisoner in an intensive program prison,31700
the department shall screen the prisoner and determine if the31701
prisoner is suited for the prison. If the prisoner is suited for31702
the intensive program prison, at least three weeks prior to31703
placing the prisoner in the prison, the department shall notify31704
the sentencing court of the proposed placement of the prisoner in31705
the intensive program prison and shall include with the notice a31706
brief description of the placement. The court shall have ten days31707
from receipt of the notice to disapprove the placement. If the31708
sentencing court disapproves the placement, the department shall31709
not proceed with it. If the sentencing court does not timely31710
disapprove of the placement, the department may proceed with plans31711
for it.31712

       If the sentencing court determines that a prisoner is not31713
eligible for placement in an intensive program prison or if the31714
sentencing court disapproves placement of an offender in a prison31715
of that nature, the department of rehabilitation and correction31716
shall not place the prisoner in any intensive program prison.31717

       (b) The department may reduce the stated prison term of a31718
prisoner upon the prisoner's successful completion of a ninety-day31719
period in an intensive program prison. A prisoner whose term has31720
been so reduced shall be required to serve an intermediate,31721
transitional type of detention followed by a release under31722
post-release control sanctions or, in the alternative, shall be31723
placed under post-release control sanctions, as described in31724
division (B)(2)(b)(ii) of section 5120.031 of the Revised Code. In31725
either case, the placement under post-release control sanctions31726
shall be under terms set by the parole board in accordance with31727
section 2967.28 of the Revised Code and shall be subject to the31728
provisions of that section with respect to a violation of any31729
post-release control sanction.31730

       (2) A prisoner who is in any of the following categories is31731
not eligible to participate in an intensive program prison31732
established pursuant to division (A) of this section:31733

       (a) The prisoner is serving a prison term for aggravated31734
murder, murder, or a felony of the first or second degree or a31735
comparable offense under the law in effect prior to July 1, 1996,31736
or the prisoner previously has been imprisoned for aggravated31737
murder, murder, or a felony of the first or second degree or a31738
comparable offense under the law in effect prior to July 1, 1996.31739

       (b) The prisoner is serving a mandatory prison term, as31740
defined in section 2929.01 of the Revised Code.31741

       (c) The prisoner is serving a prison term for a felony of31742
the third, fourth, or fifth degree that either is a sex offense,31743
an offense betraying public trust, or an offense in which the31744
prisoner caused or attempted to cause actual physical harm to a31745
person, the prisoner is serving a prison term for a comparable31746
offense under the law in effect prior to July 1, 1996, or the31747
prisoner previously has been imprisoned for an offense of that31748
type or a comparable offence offense under the law in effect prior31749
to July 1, 1996.31750

       (d) The prisoner is serving a mandatory prison term in31751
prison for a third or fouth fourth degree felony OMVIOVI offense,31752
as defined in section 2929.01 of the Revised Code, that was31753
imposed pursuant to division (G)(2) of section 2929.13 of the31754
Revised Code.31755

       (C) Upon the implementation of intensive program prisons31756
pursuant to division (A) of this section, the department at all31757
times shall maintain intensive program prisons sufficient in31758
number to reduce the prison terms of at least three hundred fifty31759
prisoners who are eligible for reduction of their stated prison31760
terms as a result of their completion of a regimen in an intensive31761
program prison under this section.31762

       Sec. 5120.033.  (A) As used in this section, "third degree31763
felony OMVIOVI offense" and "fourth degree felony OMVIOVI31764
offense" have the same meanings as in section 2929.01 of the31765
Revised Code.31766

       (B) Within eighteen months after October 17, 1996, the31767
department of rehabilitation and correction shall develop and31768
implement intensive program prisons for male and female prisoners31769
who are sentenced pursuant to division (G)(2) of section 2929.1331770
of the Revised Code to a mandatory prison term for a third or31771
fourth degree felony OMVIOVI offense. The department shall31772
contract pursuant to section 9.06 of the Revised Code for the31773
private operation and management of the initial intensive program31774
prison established under this section and may contract pursuant to31775
that section for the private operation and management of any other31776
intensive program prison established under this section. The31777
intensive program prisons established under this section shall31778
include prisons that focus on educational achievement, vocational31779
training, alcohol and other drug abuse treatment, community31780
service and conservation work, and other intensive regimens or31781
combinations of intensive regimens.31782

       (C) Except as provided in division (D) of this section, the31783
department may place a prisoner who is sentenced to a mandatory31784
prison term for a third or fourth degree felony OMVIOVI offense31785
in an intensive program prison established pursuant to division31786
(B) of this section if the sentencing judge, upon notification by31787
the department of its intent to place the prisoner in an intensive31788
program prison, does not notify the department that the judge31789
disapproves the placement. If the stated prison term imposed on a31790
prisoner who is so placed is longer than the mandatory prison term31791
that is required to be imposed on the prisoner, the department may31792
reduce the stated prison term upon the prisoner's successful31793
completion of the prisoner's mandatory prison term in an intensive31794
program prison. A prisoner whose term has been so reduced shall31795
be required to serve an intermediate, transitional type of31796
detention followed by a release under post-release control31797
sanctions or, in the alternative, shall be placed under31798
post-release control sanctions, as described in division31799
(B)(2)(b)(ii) of section 5120.031 of the Revised Code. In either31800
case, the placement under post-release control sanctions shall be31801
under terms set by the parole board in accordance with section31802
2967.28 of the Revised Code and shall be subject to the provisions31803
of that section with respect to a violation of any post-release31804
control sanction. Upon the establishment of the initial intensive31805
program prison pursuant to division (B) of this section that is31806
privately operated and managed by a contractor pursuant to a31807
contract entered into under section 9.06 of the Revised Code, the31808
department shall comply with divisions (G)(2)(a) and (b) of31809
section 2929.13 of the Revised Code in placing prisoners in31810
intensive program prisons under this section.31811

       (D) A prisoner who is sentenced to a mandatory prison term31812
for a third or fourth degree felony OMVIOVI offense is not31813
eligible to participate in an intensive program prison established31814
under division (B) of this section if any of the following applies31815
regarding the prisoner:31816

       (1) In addition to the mandatory prison term for the third31817
or fourth degree felony OMVIOVI offense, the prisoner also is31818
serving a prison term of a type described in division (B)(2)(a),31819
(b), or (c) of section 5120.032 of the Revised Code.31820

       (2) The prisoner previously has been imprisoned for an31821
offense of a type described in division (B)(2)(a) or (c) of31822
section 5120.032 of the Revised Code or a comparable offense under31823
the law in effect prior to July 1, 1996.31824

       (E) Intensive program prisons established under division (B)31825
of this section are not subject to section 5120.032 of the Revised31826
Code.31827

       Sec. 5120.161.  (A) Except as provided in division (C) of31828
this section, the department of rehabilitation and correction may31829
enter into an agreement with any local authority operating a31830
county, multicounty, municipal, municipal-county, or31831
multicounty-municipal jail or workhouse, as described in section31832
307.93, 341.21, or 753.16 of the Revised Code, for the housing in31833
the jail or workhouse operated by the local authority of persons31834
who are convicted of or plead guilty to a felony of the fourth or31835
fifth degree if the person previously has not been convicted of or31836
pleaded guilty to a felony and if the felony is not an offense of31837
violence. The agreement shall specify a per diem fee that the31838
department shall pay the local authority for each such person31839
housed in the jail or workhouse pursuant to the agreement, shall31840
set forth any other terms and conditions for the housing of such31841
persons in the jail or workhouse, and shall indicate that the31842
department, subject to the relevant terms and conditions set31843
forth, may designate those persons to be housed at the jail or31844
workhouse.31845

       (B) A person designated by the department to be housed in a31846
county, multicounty, municipal, municipal-county, or31847
multicounty-municipal jail or workhouse that is the subject of an31848
agreement entered into under division (A) of this section shall be31849
conveyed by the department to that jail or workhouse and shall be31850
kept at the jail or workhouse until the person's term of31851
imprisonment expires, the person is pardoned, paroled, or placed31852
under a post-release control sanction, or the person is31853
transferred under the laws permitting the transfer of prisoners. 31854
The department shall pay the local authority that operates the31855
jail or workhouse the per diem fee specified in the agreement for31856
each such person housed in the jail or workhouse. Each such31857
person housed in the jail or workhouse shall be under the direct31858
supervision and control of the keeper, superintendent, or other31859
person in charge of the jail or workhouse, but shall be considered31860
for all other purposes to be within the custody of the department31861
of rehabilitation and correction. Section 2967.193 of the Revised31862
Code and all other provisions of the Revised Code that pertain to31863
persons within the custody of the department that would not by31864
their nature clearly be inapplicable apply to persons housed31865
pursuant to this section.31866

       (C) The department of rehabilitation and correction shall31867
not enter into an agreement pursuant to division (A) of this31868
section with any local authority unless the jail or workhouse31869
operated by the authority complies with the Minimum Standards for31870
Jails in Ohio.31871

       (D) A court that sentences a person for a felony may include31872
as the sentence or part of the sentence, in accordance with31873
division (A) of section 2929.16 of the Revised Code and regardless31874
of whether the jail or workhouse is the subject of an agreement31875
entered into under division (A) of this section, a sanction that31876
consists of a term of up to six months in a jail or workhouse or,31877
if the offense is a fourth degree felony OMVIOVI offense and the31878
offender is sentenced under division (G)(1) of section 2929.13 of31879
the Revised Code, a sanction that consists of a term of up to one31880
year in jail less the mandatory term of local incarceration of31881
sixty or one hundred twenty consecutive days imposed pursuant to31882
division (G)(1) of section 2929.13 of the Revised Code.31883

       (E) "Fourth degree felony OMVIOVI offense" and "mandatory31884
term of local incarceration" have the same meanings as in section31885
2929.01 of the Revised Code.31886

       Sec. 5503.22.  Driver's license examiners assigned to the31887
driver's license examination section shall conduct all31888
examinations for driver's licenses as required by sections 4507.0131889
to 4507.38, inclusive,4507.36 of the Revised Code, subject to the31890
regulations issued by the registrar of motor vehicles.31891

       Sec. 5743.99.  (A) Whoever violates section 5743.10,31892
5743.11, or 5743.12 or division (C) of section 5743.54 of the31893
Revised Code is guilty of a misdemeanor of the first degree. If31894
the offender has been previously convicted of an offense under31895
this division, violation is a felony of the fourth degree.31896

       (B) Whoever violates section 5743.111, 5743.112, 5743.13,31897
5743.14, 5743.59, or 5743.60 of the Revised Code is guilty of a31898
felony of the fourth degree. If the offender has been previously31899
convicted of an offense under this division, violation is a felony31900
of the second degree.31901

       (C) Whoever violates section 5743.41 or 5743.42 of the31902
Revised Code is guilty of a misdemeanor of the fourth degree. If31903
the offender has been previously convicted of an offense under31904
this division, violation is a misdemeanor of the third degree.31905

       (D) Whoever violates section 5743.21 of the Revised Code is31906
guilty of a misdemeanor of the first degree. If the offender has31907
been previously convicted of an offense under this division,31908
violation is a felony of the fifth degree.31909

       (E) Whoever violates any provision of this chapter, or any31910
rule promulgated by the tax commissioner under authority of this31911
chapter, for the violation of which no penalty is provided31912
elsewhere, is guilty of a misdemeanor of the fourth degree.31913

       (F) In addition to any other penalty imposed upon a person31914
convicted of a violation of section 5743.112 or 5743.60 of the31915
Revised Code who was the operator of a motor vehicle used in the31916
violation, the registrar of motor vehiclescourt shall suspend any31917
for not less than thirty days or more than three years the31918
driver's or commercial driver's license issued to the offender.31919
The court shall send a copy of its suspension order and31920
determination to the registrar of motor vehicles, and the31921
registrar, pursuant to the order and determination of the trial31922
judge of any court of record as provided in section 4507.16 of the31923
Revised Code,shall impose a suspension of the same duration.31924

       Section 2.  That existing sections 9.981, 119.062, 733.40,31925
1547.11, 1547.111, 1547.99, 1901.024, 1901.31, 1905.01, 1905.201,31926
1907.20, 2151.354, 2152.19, 2152.21, 2743.191, 2743.51, 2743.52,31927
2903.04, 2903.06, 2903.08, 2907.24, 2919.22, 2921.331, 2923.01,31928
2923.122, 2925.01, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,31929
2925.11, 2925.12, 2925.13, 2925.14, 2925.22, 2925.23, 2925.31,31930
2925.32, 2925.36, 3123.55, 3123.58, 3123.59, 3123.613, 2925.37,31931
2925.38, 2929.01, 2929.13, 2929.14, 2929.15, 2929.16, 2929.17,31932
2929.18, 2929.19, 2929.23, 2929.41, 2935.03, 2935.27, 2937.221,31933
2937.222, 2937.46, 2937.99, 2951.02, 2953.31, 2953.36, 3123.55,31934
3123.58, 3123.59, 3123.613, 3327.10, 3793.02, 3793.10, 3937.31,31935
4301.99, 4501.01, 4501.022, 4501.17, 4501.19, 4501.25, 4503.033,31936
4503.05, 4503.061, 4503.066, 4503.10, 4503.102, 4503.11, 4503.12,31937
4503.182, 4503.19, 4503.21, 4503.231, 4503.233, 4503.234,31938
4503.236, 4503.28, 4503.30, 4503.301, 4503.32, 4503.34, 4503.39,31939
4503.44, 4503.46, 4503.47, 4503.471, 4505.101, 4505.102, 4505.11,31940
4505.111, 4505.15, 4505.17, 4505.18, 4505.181, 4505.19, 4505.20,31941
4505.21, 4505.99, 4506.01, 4506.02, 4506.03, 4506.04, 4506.05,31942
4506.06, 4506.10, 4506.11, 4506.12, 4506.14, 4506.15, 4506.16,31943
4506.17, 4506.18, 4506.19, 4506.20, 4506.99, 4507.02, 4507.022,31944
4507.023, 4507.05, 4507.06, 4507.061, 4507.071, 4507.08, 4507.081,31945
4507.111, 4507.12, 4507.13, 4507.14, 4507.15, 4507.16, 4507.161,31946
4507.162, 4507.163, 4507.164, 4507.167, 4507.168, 4507.169,31947
4507.1610, 4507.1611, 4507.1613, 4507.17, 4507.19, 4507.20,31948
4507.21, 4507.25, 4507.26, 4507.27, 4507.28, 4507.29, 4507.30,31949
4507.31, 4507.321, 4507.33, 4507.34, 4507.35, 4507.36, 4507.361,31950
4507.38, 4507.45, 4507.50, 4507.52, 4507.54, 4507.55, 4507.60,31951
4507.61, 4507.62, 4507.63, 4507.99, 4508.03, 4508.04, 4508.06,31952
4509.02, 4509.101, 4509.17, 4509.24, 4509.291, 4509.33, 4509.34,31953
4509.35, 4509.37, 4509.40, 4509.42, 4509.45, 4509.74, 4509.77,31954
4509.78, 4509.79, 4509.80, 4509.81, 4511.01, 4511.03, 4511.051,31955
4511.11, 4511.12, 4511.132, 4511.16, 4511.17, 4511.18, 4511.19,31956
4511.191, 4511.192, 4511.193, 4511.195, 4511.196, 4511.20,31957
4511.201, 4511.202, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23,31958
4511.25, 4511.251, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30,31959
4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37,31960
4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431,31961
4511.432, 4511.44, 4511.441, 4511.45, 4511.451, 4511.452, 4511.46,31962
4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.51, 4511.511,31963
4511.521, 4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58,31964
4511.59, 4511.60, 4511.61, 4511.62, 4511.63, 4511.64, 4511.66,31965
4511.661, 4511.68, 4511.681, 4511.69, 4511.70, 4511.701, 4511.71,31966
4511.711, 4511.712, 4511.713, 4511.72, 4511.73, 4511.74, 4511.75,31967
4511.751, 4511.76, 4511.761, 4511.762, 4511.763, 4511.764,31968
4511.77, 4511.771, 4511.772, 4511.78, 4511.79, 4511.81, 4511.82,31969
4511.84, 4511.85, 4511.95, 4511.951, 4511.99, 4513.02, 4513.021,31970
4513.022, 4513.03, 4513.04, 4513.05, 4513.06, 4513.07, 4513.071,31971
4513.09, 4513.10, 4513.11, 4513.111, 4513.12, 4513.13, 4513.14,31972
4513.15, 4513.16, 4513.17, 4513.171, 4513.18, 4513.182, 4513.19,31973
4513.20, 4513.201, 4513.202, 4513.21, 4513.22, 4513.23, 4513.24,31974
4513.241, 4513.242, 4513.25, 4513.26, 4513.261, 4513.262,31975
4513.263, 4513.27, 4513.28, 4513.29, 4513.30, 4513.31, 4513.32,31976
4513.34, 4513.36, 4513.361, 4513.51, 4513.60, 4513.64, 4513.65,31977
4513.99, 4517.02, 4517.03, 4517.19, 4517.20, 4517.21, 4517.22,31978
4517.23, 4517.24, 4517.25, 4517.26, 4517.27, 4517.40, 4517.41,31979
4517.42, 4517.43, 4517.44, 4517.45, 4517.64, 4517.99, 4519.02,31980
4519.05, 4519.06, 4519.20, 4519.22, 4519.40, 4519.41, 4519.44,31981
4519.45, 4519.52, 4519.66, 4519.67, 4549.01, 4549.02, 4549.021,31982
4549.03, 4549.042, 4549.08, 4549.10, 4549.11, 4549.12, 4549.18,31983
4549.42, 4549.43, 4549.44, 4549.45, 4549.451, 4549.46, 4549.62,31984
4551.04, 4561.11, 4561.12, 4561.14, 4561.15, 4561.22, 4561.24,31985
4561.31, 4561.99, 4563.09, 4563.10, 4563.20, 4582.06, 4582.31,31986
4582.59, 4583.01, 5120.032, 5120.033, 5120.161, 5503.22, and31987
5743.99 and sections 3123.611, 4503.235, 4503.99, 4507.012,31988
4507.021, 4507.165, 4507.166, 4507.18, 4508.99, 4509.105, 4509.31,31989
4509.32, 4509.99, 4511.83, 4511.991, 4519.99, 4549.99, 4551.99,31990
4563.99, 4582.99, and 4583.99 of the Revised Code are hereby31991
repealed.31992

       Section 3.  The General Assembly hereby recommends to the31993
Supreme Court that it amend the Ohio Traffic Rules that have been31994
adopted under authority of section 2937.46 of the Revised Code to31995
provide procedures to govern felony violations of section 4511.1931996
of the Revised Code.31997

       Section 4.  Sections 1 and 2 of this act shall take effect on31998
January 1, 2003.31999

       Section 5.  Notwithstanding division (B) of section 1.58 of32000
the Revised Code, the provisions of the Revised Code amended or32001
enacted in Sections 1 and 2 of this act shall apply only in32002
relation to conduct and offenses committed on or after January 1,32003
2003. Conduct and offenses committed prior to January 1, 2003,32004
shall be governed by the law in effect on the date the conduct or32005
offense was committed.32006

       Section 6. All items in this section are hereby appropriated32007
as designated out of any moneys in the state treasury to the32008
credit of the State Special Revenue Fund Group. For all32009
appropriations made in this act, those in the first column are for32010
fiscal year 2002 and those in the second column are for fiscal32011
year 2003. The appropriations made in this act are in addition to32012
any other appropriations made for the 2001-2003 biennium.32013

AGO ATTORNEY GENERAL
32014

State Special Revenue Fund Group32015

5N0 055-627 Traffic Law Training $ 211,000 $ 0 32016
TOTAL SSR State Special Revenue 32017
Fund Group $ 211,000 $ 0 32018
TOTAL ALL BUDGET FUND GROUPS $ 211,000 $ 0 32019

       TRAFFIC LAW TRAINING32020

       No later than 30 days after the effective date of this32021
section, the Director of Budget and Management shall transfer32022
$211,000 cash from the General Revenue Fund to the Traffic Law32023
Training Fund (Fund 5N0). The transferred cash shall be used by32024
the Attorney General for the purpose of developing, printing, and32025
distributing, in conjunction with the Ohio Department of Public32026
Safety and the Ohio Criminal Sentencing Commission, training32027
materials for the Ohio Department of Public Safety, law32028
enforcement, and other appropriate persons for the implementation32029
of this act.32030

       Within the limits set forth in this act, the Director of32031
Budget and Management shall establish accounts indicating the32032
source and amount of funds for each appropriation made in this32033
act, and shall determine the form and manner in which32034
appropriation accounts shall be maintained. Expenditures from32035
appropriations contained in this act shall be accounted for as32036
though made in the main appropriations act of the 124th General32037
Assembly.32038

       The appropriations made in this act are subject to all32039
provisions of the main appropriations act of the 124th General32040
Assembly.32041

       This section is not subject to the referendum. Therefore,32042
under Ohio Constitution, Article II, Section 1d and section 1.47132043
of the Revised Code, this section goes into immediate effect when32044
this act becomes law.32045

       Section 7. (A) If, on or after March 31, 1999, a person32046
filed an application in a court that requested the sealing of a32047
conviction record under sections 2953.31 to 2953.36 of the Revised32048
Code, if at the time the application was filed section 2953.36 did32049
not make sections 2953.31 to 2953.35 of the Revised Code32050
inapplicable to the conviction that was the subject of the32051
application, if the person withdrew the application prior to March32052
31, 2001, and if the person refiles an application in the32053
appropriate court within ninety days after the effective date of32054
this section that requests the sealing of the same conviction32055
record under sections 2953.31 to 2953.36 of the Revised Code, all32056
of the following apply:32057

       (1) Divisions (C), (D), and (E) of section 2953.36 of the32058
Revised Code, as they have existed since March 23, 2000, do not32059
apply regarding the application or the determination of whether it32060
should be accepted or granted, and the court may accept and grant32061
the application regardless of whether the conviction that is the32062
subject of the application is a conviction to which any of those32063
divisions, but for the operation of this division, makes sections32064
2953.31 to 2953.35 of the Revised Code inapplicable.32065

       (2) Except as provided in division (A)(1) of this section,32066
the provisions of sections 2953.31 to 2953.36 of the Revised Code32067
that are in effect at the time of the refiling of the application32068
apply regarding the application and the determination of whether32069
it should be granted.32070

       (B) This section shall expire one year after this act32071
becomes law.32072

       Section 8. Section 2923.01 of the Revised Code is presented32073
in this act as a composite of the section as amended by both Sub.32074
H.B. 125 and Am. Sub. S.B. 269 of the 121st General Assembly.32075
Section 2925.03 of the Revised Code is presented in this act as a32076
composite of the section as amended by both Am. H.B. 528 and Am.32077
Sub. S.B. 107 of the 123rd General Assembly. Section 2929.01 of32078
the Revised Code is presented in this act as a composite of the32079
section as amended by Am. Sub. H.B. 349, Am. Sub. S.B. 179, and32080
Am. Sub. S.B. 222 of the 123rd General Assembly. Section 2929.1332081
of the Revised Code is presented in this act as a composite of the32082
section as amended by Am. H.B. 528, Am. Sub. S.B. 22, Am. Sub.32083
S.B. 107, Am. S.B. 142, and Am. Sub. S.B. 222 of the 123rd General32084
Assembly. Sections 2929.15 and 2929.19 of the Revised Code are32085
presented in this act as a composite of the section as amended by32086
Am. Sub. H.B. 349, Am. Sub. S.B. 22, and Am. Sub. S.B. 107 of the32087
123rd General Assembly. Section 2929.17 of the Revised Code is32088
presented in this act as a composite of the section as amended by32089
Am. Sub. H.B. 349, Am. S.B. 9, Am. Sub. S.B. 22, and Am. Sub. S.B.32090
107 of the 123rd General Assembly. Section 2929.18 of the Revised32091
Code is presented in this act as a composite of the section as32092
amended by Am. H.B. 528, Am. Sub. S.B. 22, and Am. Sub. S.B. 10732093
of the 123rd General Assembly. Sections 2929.41 and 5120.032 of32094
the Revised Code are presented in this act as a composite of the32095
section as amended by both Am. Sub. S.B. 22 and Am. Sub. S.B. 10732096
of the 123rd General Assembly. Section 2937.222 of the Revised32097
Code is presented in this act as a composite of the section as32098
amended by both Am. Sub. H.B. 137 and Am. Sub. S.B. 22 of the32099
123rd General Assembly. Section 4503.12 of the Revised Code is32100
presented in this act as a composite of the section as amended by32101
both Am. H.B. 141 and Am. Sub. S.B. 60 of the 122nd General32102
Assembly. Sections 4503.233 and 4507.164 of the Revised Code are32103
presented in this act as a composite of the sections as amended by32104
Am. H.B. 80, Am. Sub. S.B. 22 and Am. Sub. S.B. 107 of the 123rd32105
General Assembly. Section 4503.234 of the Revised Code is32106
presented in this act as a composite of the section as amended by32107
both Am. Sub. H.B. 353 and Am. Sub. H.B. 676 of the 121st General32108
Assembly. Section 4507.38 of the Revised Code, renumbered as32109
section 4510.41 of the Revised Code, is presented in this act as a32110
composite of the section as amended by both Am. Sub. H.B. 353 and32111
Am. Sub. H.B. 676 of the 121st General Assembly. Section 4511.19332112
of the Revised Code is presented in this act as a composite of the32113
section as amended by both Am. H.B. 80 and Am. Sub. S.B. 107 of32114
the 123rd General Assembly. Section 4513.99 of the Revised Code32115
is presented in this act as a composite of the section as amended32116
by both Am. Sub. H.B. 138 and Am. Sub. H.B. 600 of the 123rd32117
General Assembly. Sections 4582.06 and 4582.31 of the Revised32118
Code are presented in this act as a composite of the sections as32119
amended by both Sub. H.B. 19 and Am. S.B. 137 of the 123rd General32120
Assembly. The General Assembly, applying the principle stated in32121
division (B) of section 1.52 of the Revised Code that amendments32122
are to be harmonized if reasonably capable of simultaneous32123
operation, finds that the composites are the resulting versions of32124
the sections in effect prior to the effective date of the sections32125
as presented in this act.32126