SENATORS Austria, Coughlin, Randy Gardner, Armbruster, Oelslager, Jacobson

To amend sections 2151.28, 2151.35, 2152.19, 2152.21,

1

2705.05, and 4511.99 and to enact sections 4511.741

2

and 5579.11 of the Revised Code to prohibit

3

specifically the dropping or throwing of articles

4

or objects from or upon any part of a lane, road,

5

street, alley, bridge, or overpass and to create

6

the Highway, Bridge, and Overpass Vandal Fence Fund

7

and the Highway, Bridge, and Overpass Vandal Fence

8

Task Force.

9

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

Section 1. That sections 2151.28, 2151.35, 2152.19, 2152.21,	10
2705.05, and 4511.99 be amended and sections 4511.741 and 5579.11	11
of the Revised Code be enacted to read as follows:	12

Sec. 2151.28.  (A) No later than seventy-two hours after the	13
complaint is filed, the court shall fix a time for an adjudicatory	14
hearing. The court shall conduct the adjudicatory hearing within	15
one of the following periods of time:	16

(1) Subject to division (D) of section 2152.13 of the	17
Revised Code, if the complaint alleged that the child violated	18
section 2151.87 of the Revised Code or is a delinquent or unruly	19
child or a juvenile traffic offender, the adjudicatory hearing	20
shall be held and may be continued in accordance with the Juvenile	21
Rules.	22

(2) If the complaint alleged that the child is an abused,	23
neglected, or dependent child, the adjudicatory hearing shall be	24
held no later than thirty days after the complaint is filed,	25
except that, for good cause shown, the court may continue the	26
adjudicatory hearing for either of the following periods of time:	27

(a) For ten days beyond the thirty-day deadline to allow any	28
party to obtain counsel;	29

(b) For a reasonable period of time beyond the thirty-day	30
deadline to obtain service on all parties or any necessary	31
evaluation, except that the adjudicatory hearing shall not be held	32
later than sixty days after the date on which the complaint was	33
filed.	34

(B) At an adjudicatory hearing held pursuant to division	35
(A)(2) of this section, the court, in addition to determining	36
whether the child is an abused, neglected, or dependent child,	37
shall determine whether the child should remain or be placed in	38
shelter care until the dispositional hearing. When the court	39
makes the shelter care determination, all of the following apply:	40

(1) The court shall determine whether there are any	41
relatives of the child who are willing to be temporary custodians	42
of the child. If any relative is willing to be a temporary	43
custodian, the child otherwise would remain or be placed in	44
shelter care, and the appointment is appropriate, the court shall	45
appoint the relative as temporary custodian of the child, unless	46
the court appoints another relative as custodian. If it	47
determines that the appointment of a relative as custodian would	48
not be appropriate, it shall issue a written opinion setting forth	49
the reasons for its determination and give a copy of the opinion	50
to all parties and the guardian ad litem of the child.	51

The court's consideration of a relative for appointment as a	52
temporary custodian does not make that relative a party to the	53
proceedings.	54

(2) The court shall comply with section 2151.419 of the	55
Revised Code.	56

(3) The court shall schedule the date for the dispositional	57
hearing to be held pursuant to section 2151.35 of the Revised	58
Code. The parents of the child have a right to be represented by	59
counsel; however, in no case shall the dispositional hearing be	60
held later than ninety days after the date on which the complaint	61
was filed.	62

(C)(1) The court shall direct the issuance of a summons	63
directed to the child except as provided by this section, the	64
parents, guardian, custodian, or other person with whom the child	65
may be, and any other persons that appear to the court to be	66
proper or necessary parties to the proceedings, requiring them to	67
appear before the court at the time fixed to answer the	68
allegations of the complaint. The summons shall contain the name	69
and telephone number of the court employee designated by the court	70
pursuant to section 2151.314 of the Revised Code to arrange for	71
the prompt appointment of counsel for indigent persons. A child	72
alleged to be an abused, neglected, or dependent child shall not	73
be summoned unless the court so directs. A summons issued for a	74
child who is under fourteen years of age and who is alleged to be	75
a delinquent child, unruly child, or a juvenile traffic offender	76
shall be served on the parent, guardian, or custodian of the child	77
in the child's behalf.	78

If the person who has physical custody of the child, or with	79
whom the child resides, is other than the parent or guardian, then	80
the parents and guardian also shall be summoned. A copy of the	81
complaint shall accompany the summons.	82

(2) In lieu of appearing before the court at the time fixed	83
in the summons and prior to the date fixed for appearance in the	84
summons, a child who is alleged to have violated section 2151.87	85
of the Revised Code and that child's parent, guardian, or	86
custodian may sign a waiver of appearance before the clerk of the	87
juvenile court and pay a fine of one hundred dollars. If the	88
child and that child's parent, guardian, or custodian do not waive	89
the court appearance, the court shall proceed with the	90
adjudicatory hearing as provided in this section.	91

(D) If the complaint contains a prayer for permanent	92
custody, temporary custody, whether as the preferred or an	93
alternative disposition, or a planned permanent living arrangement	94
in a case involving an alleged abused, neglected, or dependent	95
child, the summons served on the parents shall contain as is	96
appropriate an explanation that the granting of permanent custody	97
permanently divests the parents of their parental rights and	98
privileges, an explanation that an adjudication that the child is	99
an abused, neglected, or dependent child may result in an order of	100
temporary custody that will cause the removal of the child from	101
their legal custody until the court terminates the order of	102
temporary custody or permanently divests the parents of their	103
parental rights, or an explanation that the issuance of an order	104
for a planned permanent living arrangement will cause the removal	105
of the child from the legal custody of the parents if any of the	106
conditions listed in divisions (A)(5)(a) to (c) of section	107
2151.353 of the Revised Code are found to exist.	108

(E)(1) Except as otherwise provided in divisiondivisions	109
(E)(2) and (3) of this section, the court may endorse upon the	110
summons an order directing the parents, guardian, or other person	111
with whom the child may be to appear personally at the hearing and	112
directing the person having the physical custody or control of the	113
child to bring the child to the hearing.	114

(2) In cases in which the complaint alleges that a child is	115
an unruly or delinquent child for being an habitual or chronic	116
truant and that the parent, guardian, or other person having care	117
of the child has failed to cause the child's attendance at school,	118
the court shall endorse upon the summons an order directing the	119
parent, guardian, or other person having care of the child to	120
appear personally at the hearing and directing the person having	121
the physical custody or control of the child to bring the child to	122
the hearing.	123

(3) In cases in which the complaint alleges that a child	124
previously has been adjudicated a delinquent child for having	125
committed a violation of section 4511.741 of the Revised Code or a	126
substantially similar municipal ordinance and also alleges that	127
the child again has committed a violation of section 4511.741 of	128
the Revised Code or a substantially similar municipal ordinance	129
and that the parent, guardian, or other person having care of the	130
child failed to prevent the latest violation, the court shall	131
endorse upon the summons an order directing the parent, guardian,	132
or other person having care of the child to appear personally at	133
the hearing and directing the person having the physical custody	134
or control of the child to bring the child to the hearing.	135

(F)(1) The summons shall contain a statement advising that	136
any party is entitled to counsel in the proceedings and that the	137
court will appoint counsel or designate a county public defender	138
or joint county public defender to provide legal representation if	139
the party is indigent.	140

(2) In cases in which the complaint alleges a child to be an	141
abused, neglected, or dependent child and no hearing has been	142
conducted pursuant to division (A) of section 2151.314 of the	143
Revised Code with respect to the child or a parent, guardian, or	144
custodian of the child does not attend the hearing, the summons	145
also shall contain a statement advising that a case plan may be	146
prepared for the child, the general requirements usually contained	147
in case plans, and the possible consequences of failure to comply	148
with a journalized case plan.	149

(G) If it appears from an affidavit filed or from sworn	150
testimony before the court that the conduct, condition, or	151
surroundings of the child are endangering the child's health or	152
welfare or those of others, that the child may abscond or be	153
removed from the jurisdiction of the court, or that the child will	154
not be brought to the court, notwithstanding the service of the	155
summons, the court may endorse upon the summons an order that a	156
law enforcement officer serve the summons and take the child into	157
immediate custody and bring the child forthwith to the court.	158

(H) A party, other than the child, may waive service of	159
summons by written stipulation.	160

(I) Before any temporary commitment is made permanent, the	161
court shall fix a time for hearing in accordance with section	162
2151.414 of the Revised Code and shall cause notice by summons to	163
be served upon the parent or guardian of the child and the	164
guardian ad litem of the child, or published, as provided in	165
section 2151.29 of the Revised Code. The summons shall contain an	166
explanation that the granting of permanent custody permanently	167
divests the parents of their parental rights and privileges.	168

(J) Any person whose presence is considered necessary and	169
who is not summoned may be subpoenaed to appear and testify at the	170
hearing. Anyone summoned or subpoenaed to appear who fails to do	171
so may be punished, as in other cases in the court of common	172
pleas, for contempt of court. Persons subpoenaed shall be paid	173
the same witness fees as are allowed in the court of common pleas.	174

(K) The failure of the court to hold an adjudicatory hearing	175
within any time period set forth in division (A)(2) of this	176
section does not affect the ability of the court to issue any	177
order under this chapter and does not provide any basis for	178
attacking the jurisdiction of the court or the validity of any	179
order of the court.	180

(L) If the court, at an adjudicatory hearing held pursuant	181
to division (A) of this section upon a complaint alleging that a	182
child is an abused, neglected, dependent, delinquent, or unruly	183
child or a juvenile traffic offender, determines that the child is	184
a dependent child, the court shall incorporate that determination	185
into written findings of fact and conclusions of law and enter	186
those findings of fact and conclusions of law in the record of the	187
case. The court shall include in those findings of fact and	188
conclusions of law specific findings as to the existence of any	189
danger to the child and any underlying family problems that are	190
the basis for the court's determination that the child is a	191
dependent child.	192

Sec. 2151.35.  (A)(1) Except as otherwise provided by	193
division (A)(3) of this section or in section 2152.13 of the	194
Revised Code, the juvenile court may conduct its hearings in an	195
informal manner and may adjourn its hearings from time to time.	196
The court may exclude the general public from its hearings in a	197
particular case if the court holds a separate hearing to determine	198
whether that exclusion is appropriate. If the court decides that	199
exclusion of the general public is appropriate, the court still	200
may admit to a particular hearing or all of the hearings relating	201
to a particular case those persons who have a direct interest in	202
the case and those who demonstrate that their need for access	203
outweighs the interest in keeping the hearing closed.	204

Except cases involving children who are alleged to be unruly	205
or delinquent children for being habitual or chronic truants and	206
cases involving children who are alleged to be delinquent children	207
for having committed a violation of section 4511.741 of the	208
Revised Code or a substantially similar municipal ordinance and	209
who previously have been adjudicated delinquent for having	210
committed such a violation and except as otherwise provided in	211
section 2152.13 of the Revised Code, all cases involving children	212
shall be heard separately and apart from the trial of cases	213
against adults. The court may excuse the attendance of the child	214
at the hearing in cases involving abused, neglected, or dependent	215
children. The court shall hear and determine all cases of	216
children without a jury, except cases involving serious youthful	217
offenders under section 2152.13 of the Revised Code.	218

If a complaint alleges a child to be a delinquent child,	219
unruly child, or juvenile traffic offender, the court shall	220
require the parent, guardian, or custodian of the child to attend	221
all proceedings of the court regarding the child. If a parent,	222
guardian, or custodian fails to so attend, the court may find the	223
parent, guardian, or custodian in contempt.	224

If the court finds from clear and convincing evidence that	225
the child violated section 2151.87 of the Revised Code, the court	226
shall proceed in accordance with divisions (F) and (G) of that	227
section.	228

If the court at the adjudicatory hearing finds from clear and	229
convincing evidence that the child is an abused, neglected, or	230
dependent child, the court shall proceed, in accordance with	231
division (B) of this section, to hold a dispositional hearing and	232
hear the evidence as to the proper disposition to be made under	233
section 2151.353 of the Revised Code. If the court at the	234
adjudicatory hearing finds beyond a reasonable doubt that the	235
child is a delinquent or unruly child or a juvenile traffic	236
offender, the court shall proceed immediately, or at a postponed	237
hearing, to hear the evidence as to the proper disposition to be	238
made under section 2151.354 or Chapter 2152. of the Revised Code.	239
If the court at the adjudicatory hearing finds beyond a reasonable	240
doubt that the child is an unruly child for being an habitual	241
truant, or that the child is an unruly child for being an habitual	242
truant and that the parent, guardian, or other person having care	243
of the child has failed to cause the child's attendance at school	244
in violation of section 3321.38 of the Revised Code, the court	245
shall proceed to hold a hearing to hear the evidence as to the	246
proper disposition to be made in regard to the child under	247
division (C)(1) of section 2151.354 of the Revised Code and the	248
proper action to take in regard to the parent, guardian, or other	249
person having care of the child under division (C)(2) of section	250
2151.354 of the Revised Code. If the court at the adjudicatory	251
hearing finds beyond a reasonable doubt that the child is a	252
delinquent child for being a chronic truant or for being an	253
habitual truant who previously has been adjudicated an unruly	254
child for being an habitual truant, or that the child is a	255
delinquent child for either of those reasons and the parent,	256
guardian, or other person having care of the child has failed to	257
cause the child's attendance at school in violation of section	258
3321.38 of the Revised Code, the court shall proceed to hold a	259
hearing to hear the evidence as to the proper disposition to be	260
made in regard to the child under division (A)(6)(a) of section	261
2152.19 of the Revised Code and the proper action to take in	262
regard to the parent, guardian, or other person having care of the	263
child under division (A)(6)(b) of section 2152.19 of the Revised	264
Code.	265

If the court at the adjudicatory hearing finds beyond a	266
reasonable doubt that the child is a delinquent child for having	267
committed a violation of section 4511.741 of the Revised Code or a	268
substantially similar municipal ordinance and also finds by a	269
preponderance of the evidence that the child previously was	270
adjudicated delinquent for having committed such a violation and	271
that the parent, guardian, or other person having care of the	272
child failed to prevent the latest such violation, the court shall	273
order disposition to be made in regard to the child in accordance	274
with section 2152.19 of the Revised Code. The court also shall	275
find the parent, guardian, or other person having care of the	276
child in contempt of the court order issued under that section and	277
shall fine the parent, guardian, or other person having care of	278
the child the amount specified in section 2152.19 of the Revised	279
Code.	280

If the court does not find the child to have violated section	281
2151.87 of the Revised Code or to be an abused, neglected,	282
dependent, delinquent, or unruly child or a juvenile traffic	283
offender, it shall order that the case be dismissed and that the	284
child be discharged from any detention or restriction theretofore	285
ordered.	286

(2) A record of all testimony and other oral proceedings in	287
juvenile court shall be made in all proceedings that are held	288
pursuant to section 2151.414 of the Revised Code or in which an	289
order of disposition may be made pursuant to division (A)(4) of	290
section 2151.353 of the Revised Code, and shall be made upon	291
request in any other proceedings. The record shall be made as	292
provided in section 2301.20 of the Revised Code.	293

(3) The authority of a juvenile court to exclude the general	294
public from its hearings that is provided by division (A)(1) of	295
this section does not limit or affect any right of a victim of a	296
crime or delinquent act, or of a victim's representative, under	297
Chapter 2930. of the Revised Code.	298

(B)(1) If the court at an adjudicatory hearing determines	299
that a child is an abused, neglected, or dependent child, the	300
court shall not issue a dispositional order until after the court	301
holds a separate dispositional hearing. The court may hold the	302
dispositional hearing for an adjudicated abused, neglected, or	303
dependent child immediately after the adjudicatory hearing if all	304
parties were served prior to the adjudicatory hearing with all	305
documents required for the dispositional hearing. The	306
dispositional hearing may not be held more than thirty days after	307
the adjudicatory hearing is held. The court, upon the request of	308
any party or the guardian ad litem of the child, may continue a	309
dispositional hearing for a reasonable time not to exceed the time	310
limits set forth in this division to enable a party to obtain or	311
consult counsel. The dispositional hearing shall not be held more	312
than ninety days after the date on which the complaint in the case	313
was filed.	314

If the dispositional hearing is not held within the period of	315
time required by this division, the court, on its own motion or	316
the motion of any party or the guardian ad litem of the child,	317
shall dismiss the complaint without prejudice.	318

(2) The dispositional hearing shall be conducted in	319
accordance with all of the following:	320

(a) The judge or referee who presided at the adjudicatory	321
hearing shall preside, if possible, at the dispositional hearing;	322

(b) The court may admit any evidence that is material and	323
relevant, including, but not limited to, hearsay, opinion, and	324
documentary evidence;	325

(c) Medical examiners and each investigator who prepared a	326
social history shall not be cross-examined, except upon consent of	327
the parties, for good cause shown, or as the court in its	328
discretion may direct. Any party may offer evidence	329
supplementing, explaining, or disputing any information contained	330
in the social history or other reports that may be used by the	331
court in determining disposition.	332

(3) After the conclusion of the dispositional hearing, the	333
court shall enter an appropriate judgment within seven days and	334
shall schedule the date for the hearing to be held pursuant to	335
section 2151.415 of the Revised Code. The court may make any	336
order of disposition that is set forth in section 2151.353 of the	337
Revised Code. A copy of the judgment shall be given to each party	338
and to the child's guardian ad litem. If the judgment is	339
conditional, the order shall state the conditions of the judgment.	340
If the child is not returned to the child's own home, the court	341
shall determine which school district shall bear the cost of the	342
child's education and shall comply with section 2151.36 of the	343
Revised Code.	344

(4) As part of its dispositional order, the court may issue	345
any order described in division (B) of section 2151.33 of the	346
Revised Code.	347

(C) The court shall give all parties to the action and the	348
child's guardian ad litem notice of the adjudicatory and	349
dispositional hearings in accordance with the Juvenile Rules.	350

(D) If the court issues an order pursuant to division (A)(4)	351
of section 2151.353 of the Revised Code committing a child to the	352
permanent custody of a public children services agency or a	353
private child placing agency, the parents of the child whose	354
parental rights were terminated cease to be parties to the action	355
upon the issuance of the order. This division is not intended to	356
eliminate or restrict any right of the parents to appeal the	357
permanent custody order issued pursuant to division (A)(4) of	358
section 2151.353 of the Revised Code.	359

(E) Each juvenile court shall schedule its hearings in	360
accordance with the time requirements of this chapter.	361

(F) In cases regarding abused, neglected, or dependent	362
children, the court may admit any statement of a child that the	363
court determines to be excluded by the hearsay rule if the	364
proponent of the statement informs the adverse party of the	365
proponent's intention to offer the statement and of the	366
particulars of the statement, including the name of the declarant,	367
sufficiently in advance of the hearing to provide the party with a	368
fair opportunity to prepare to challenge, respond to, or defend	369
against the statement, and the court determines all of the	370
following:	371

(1) The statement has circumstantial guarantees of	372
trustworthiness;	373

(2) The statement is offered as evidence of a material fact;

374

(3) The statement is more probative on the point for which	375
it is offered than any other evidence that the proponent can	376
procure through reasonable efforts;	377

(4) The general purposes of the evidence rules and the	378
interests of justice will best be served by the admission of the	379
statement into evidence.	380

(G) If a child is alleged to be an abused child, the court	381
may order that the testimony of the child be taken by deposition.	382
On motion of the prosecuting attorney, guardian ad litem, or any	383
party, or in its own discretion, the court may order that the	384
deposition be videotaped. Any deposition taken under this	385
division shall be taken with a judge or referee present.	386

If a deposition taken under this division is intended to be	387
offered as evidence at the hearing, it shall be filed with the	388
court. Part or all of the deposition is admissible in evidence if	389
counsel for all parties had an opportunity and similar motive at	390
the time of the taking of the deposition to develop the testimony	391
by direct, cross, or redirect examination and the judge determines	392
that there is reasonable cause to believe that if the child were	393
to testify in person at the hearing, the child would experience	394
emotional trauma as a result of participating at the hearing.	395

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	396
child, the court may make any of the following orders of	397
disposition, in addition to any other disposition authorized or	398
required by this chapter:	399

(1) Any order that is authorized by section 2151.353 of the	400
Revised Code for the care and protection of an abused, neglected,	401
or dependent child.	402

(2) Commit the child to the temporary custody of any school,	403
camp, institution, or other facility operated for the care of	404
delinquent children by the county, by a district organized under	405
section 2152.41 or 2151.65 of the Revised Code, or by a private	406
agency or organization, within or without the state, that is	407
authorized and qualified to provide the care, treatment, or	408
placement required;	409

(3) Place the child on community control under any	410
sanctions, services, and conditions that the court prescribes. As	411
a condition of community control in every case and in addition to	412
any other condition that it imposes upon the child, the court	413
shall require the child to abide by the law during the period of	414
community control. As referred to in this division, community	415
control includes, but is not limited to, the following sanctions	416
and conditions:	417

(a) A period of basic probation supervision in which the	418
child is required to maintain contact with a person appointed to	419
supervise the child in accordance with sanctions imposed by the	420
court;	421

(b) A period of intensive probation supervision in which the	422
child is required to maintain frequent contact with a person	423
appointed by the court to supervise the child while the child is	424
seeking or maintaining employment and participating in training,	425
education, and treatment programs as the order of disposition;	426

(c) A period of day reporting in which the child is required	427
each day to report to and leave a center or another approved	428
reporting location at specified times in order to participate in	429
work, education or training, treatment, and other approved	430
programs at the center or outside the center;	431

(d) A period of community service of up to five hundred	432
hours for an act that would be a felony or a misdemeanor of the	433
first degree if committed by an adult, up to two hundred hours for	434
an act that would be a misdemeanor of the second, third, or fourth	435
degree if committed by an adult, or up to thirty hours for an act	436
that would be a minor misdemeanor if committed by an adult;	437

(e) A requirement that the child obtain a high school	438
diploma, a certificate of high school equivalence, vocational	439
training, or employment;	440

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

441

(g) A requirement of alcohol or drug assessment or	442
counseling, or a period in an alcohol or drug treatment program	443
with a level of security for the child as determined necessary by	444
the court;	445

(h) A period in which the court orders the child to observe	446
a curfew that may involve daytime or evening hours;	447

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

448

(j) A period of house arrest with or without electronic	449
monitoring;	450

(k) A period of electronic monitoring without house arrest or	451
electronically monitored house arrest that does not exceed the	452
maximum sentence of imprisonment that could be imposed upon an	453
adult who commits the same act.	454

A period of electronically monitored house arrest imposed	455
under this division shall not extend beyond the child's	456
twenty-first birthday. If a court imposes a period of	457
electronically monitored house arrest upon a child under this	458
division, it shall require the child: to wear, otherwise have	459
attached to the child's person, or otherwise be subject to	460
monitoring by a certified electronic monitoring device or to	461
participate in the operation of and monitoring by a certified	462
electronic monitoring system; to remain in the child's home or	463
other specified premises for the entire period of electronically	464
monitored house arrest except when the court permits the child to	465
leave those premises to go to school or to other specified	466
premises; to be monitored by a central system that can determine	467
the child's location at designated times; to report periodically	468
to a person designated by the court; and to enter into a written	469
contract with the court agreeing to comply with all requirements	470
imposed by the court, agreeing to pay any fee imposed by the court	471
for the costs of the electronically monitored house arrest, and	472
agreeing to waive the right to receive credit for any time served	473
on electronically monitored house arrest toward the period of any	474
other dispositional order imposed upon the child if the child	475
violates any of the requirements of the dispositional order of	476
electronically monitored house arrest. The court also may impose	477
other reasonable requirements upon the child.	478

Unless ordered by the court, a child shall not receive credit	479
for any time served on electronically monitored house arrest	480
toward any other dispositional order imposed upon the child for	481
the act for which was imposed the dispositional order of	482
electronically monitored house arrest.	483

(l) A suspension of the driver's license, probationary	484
driver's license, or temporary instruction permit issued to the	485
child or a suspension of the registration of all motor vehicles	486
registered in the name of the child. A child whose license or	487
permit is so suspended is ineligible for issuance of a license or	488
permit during the period of suspension. At the end of the period	489
of suspension, the child shall not be reissued a license or permit	490
until the child has paid any applicable reinstatement fee and	491
complied with all requirements governing license reinstatement.	492

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

493

(5) Require the child to not be absent without legitimate	494
excuse from the public school the child is supposed to attend for	495
five or more consecutive days, seven or more school days in one	496
school month, or twelve or more school days in a school year;	497

(6)(a) If a child is adjudicated a delinquent child for	498
being a chronic truant or an habitual truant who previously has	499
been adjudicated an unruly child for being a habitual truant, do	500
either or both of the following:	501

(i) Require the child to participate in a truancy prevention	502
mediation program;	503

(ii) Make any order of disposition as authorized by this	504
section, except that the court shall not commit the child to a	505
facility described in division (A)(2) of this section unless the	506
court determines that the child violated a lawful court order made	507
pursuant to division (C)(1)(e) of section 2151.354 of the Revised	508
Code or division (A)(5) of this section.	509

(b) If a child is adjudicated a delinquent child for being a	510
chronic truant or a habitual truant who previously has been	511
adjudicated an unruly child for being a habitual truant and the	512
court determines that the parent, guardian, or other person having	513
care of the child has failed to cause the child's attendance at	514
school in violation of section 3321.38 of the Revised Code, do	515
either or both of the following:	516

(i) Require the parent, guardian, or other person having	517
care of the child to participate in a truancy prevention mediation	518
program;	519

(ii) Require the parent, guardian, or other person having	520
care of the child to participate in any community service program,	521
preferably a community service program that requires the	522
involvement of the parent, guardian, or other person having care	523
of the child in the school attended by the child.	524

(7)(a) If a child is adjudicated a delinquent child for	525
having committed a violation of section 4511.741 of the Revised	526
Code or a substantially similar municipal ordinance, the court	527
shall do both of the following:	528

(i) Make any order of disposition required by this chapter.	529
The court also may make any order of disposition authorized by	530
this chapter.	531

(ii) Issue an order to the parent, guardian, or other	532
person having care of the child requiring the parent, guardian, or	533
other person having care of the child to prevent the child from	534
committing another such violation. The order shall warn the	535
parent, guardian, or other person having care of the child that in	536
any subsequent adjudication of the child as a delinquent child for	537
again committing a violation of section 4511.741 of the Revised	538
Code or a substantially similar municipal ordinance, the court	539
will be required to impose a fine of not more than twenty thousand	540
dollars on the parent, guardian, or other person having care of	541
the child for violation of the court order.	542

(b) If a child is adjudicated a delinquent child for having	543
committed a violation of section 4511.741 of the Revised Code or a	544
substantially similar municipal ordinance and the child previously	545
was adjudicated delinquent for having committed such a violation,	546
the court shall do both of the following:	547

(i) Make any order of disposition required by this chapter.	548
The court also may make any order of disposition authorized by	549
this chapter.	550

(ii) Impose a fine of not more than twenty thousand dollars	551
on the parent, guardian, or other person having care of the child	552
for violating the court order described in division (A)(7)(a)(ii)	553
of this section. Prior to imposing the fine, the court shall hear	554
any testimony that the parent, guardian, or other person having	555
care of the child offers that would explain why the parent,	556
guardian, or other person having care of the child was not able to	557
prevent the child from committing the subsequent violation. The	558
court may hear this testimony at the same proceeding during which	559
the child is adjudicated a delinquent child for having committed a	560
violation of section 4511.741 of the Revised Code or a	561
substantially similar municipal ordinance or at a separate	562
proceeding. In determining the amount of the fine, the court	563
shall give due consideration to this testimony, but shall assign	564
such probative value to the testimony as the court determines	565
proper.	566

All fines collected pursuant to division (A)(7)(b)(ii) of	567
this section shall be deposited in the state treasury to the	568
credit of the highway, bridge, and overpass vandal fence fund	569
created by section 5579.11 of the Revised Code.	570

(8) Make any further disposition that the court finds	571
proper, except that the child shall not be placed in any of the	572
following:	573

(a) A state correctional institution, a county, multicounty,	574
or municipal jail or workhouse, or another place in which an adult	575
convicted of a crime, under arrest, or charged with a crime is	576
held;	577

(b) A community corrections facility, if the child would be	578
covered by the definition of public safety beds for purposes of	579
sections 5139.41 to 5139.45 of the Revised Code if the court	580
exercised its authority to commit the child to the legal custody	581
of the department of youth services for institutionalization or	582
institutionalization in a secure facility pursuant to this	583
chapter.	584

(B) If a child is adjudicated a delinquent child, in	585
addition to any order of disposition made under division (A) of	586
this section, the court, in the following situations, shall	587
suspend the child's temporary instruction permit, restricted	588
license, probationary driver's license, or nonresident operating	589
privilege, or suspend the child's ability to obtain such a permit:	590

(1) The child is adjudicated a delinquent child for	591
violating section 2923.122 of the Revised Code, with the	592
suspension and denial being in accordance with division (E)(1)(a),	593
(c), (d), or (e) of section 2923.122 of the Revised Code.	594

(2) The child is adjudicated a delinquent child for	595
committing an act that if committed by an adult would be a drug	596
abuse offense or for violating division (B) of section 2917.11 of	597
the Revised Code, with the suspension continuing until the child	598
attends and satisfactorily completes a drug abuse or alcohol abuse	599
education, intervention, or treatment program specified by the	600
court. During the time the child is attending the program, the	601
court shall retain any temporary instruction permit, probationary	602
driver's license, or driver's license issued to the child, and the	603
court shall return the permit or license when the child	604
satisfactorily completes the program.	605

(C) The court may establish a victim-offender mediation	606
program in which victims and their offenders meet to discuss the	607
offense and suggest possible restitution. If the court obtains	608
the assent of the victim of the delinquent act committed by the	609
child, the court may require the child to participate in the	610
program.	611

(D)(1) If a child is adjudicated a delinquent child for	612
committing an act that would be a felony if committed by an adult	613
and if the child caused, attempted to cause, threatened to cause,	614
or created a risk of physical harm to the victim of the act, the	615
court, prior to issuing an order of disposition under this	616
section, shall order the preparation of a victim impact statement	617
by the probation department of the county in which the victim of	618
the act resides, by the court's own probation department, or by a	619
victim assistance program that is operated by the state, a county,	620
a municipal corporation, or another governmental entity. The court	621
shall consider the victim impact statement in determining the	622
order of disposition to issue for the child.	623

(2) Each victim impact statement shall identify the victim	624
of the act for which the child was adjudicated a delinquent child,	625
itemize any economic loss suffered by the victim as a result of	626
the act, identify any physical injury suffered by the victim as a	627
result of the act and the seriousness and permanence of the	628
injury, identify any change in the victim's personal welfare or	629
familial relationships as a result of the act and any	630
psychological impact experienced by the victim or the victim's	631
family as a result of the act, and contain any other information	632
related to the impact of the act upon the victim that the court	633
requires.	634

(3) A victim impact statement shall be kept confidential and	635
is not a public record. However, the court may furnish copies of	636
the statement to the department of youth services if the	637
delinquent child is committed to the department or to both the	638
adjudicated delinquent child or the adjudicated delinquent child's	639
counsel and the prosecuting attorney. The copy of a victim impact	640
statement furnished by the court to the department pursuant to	641
this section shall be kept confidential and is not a public	642
record. The copies of a victim impact statement that are made	643
available to the adjudicated delinquent child or the adjudicated	644
delinquent child's counsel and the prosecuting attorney pursuant	645
to this division shall be returned to the court by the person to	646
whom they were made available immediately following the imposition	647
of an order of disposition for the child under this chapter.	648

(4) The department of youth services shall work with local	649
probation departments and victim assistance programs to develop a	650
standard victim impact statement.	651

(E) If a child is adjudicated a delinquent child for being a	652
chronic truant or an habitual truant who previously has been	653
adjudicated an unruly child for being an habitual truant and the	654
court determines that the parent, guardian, or other person having	655
care of the child has failed to cause the child's attendance at	656
school in violation of section 3321.38 of the Revised Code, in	657
addition to any order of disposition it makes under this section,	658
the court shall warn the parent, guardian, or other person having	659
care of the child that any subsequent adjudication of the child as	660
an unruly or delinquent child for being an habitual or chronic	661
truant may result in a criminal charge against the parent,	662
guardian, or other person having care of the child for a violation	663
of division (C) of section 2919.21 or section 2919.24 of the	664
Revised Code.	665

(F)(1) During the period of a delinquent child's community	666
control granted under this section, authorized probation officers	667
who are engaged within the scope of their supervisory duties or	668
responsibilities may search, with or without a warrant, the person	669
of the delinquent child, the place of residence of the delinquent	670
child, and a motor vehicle, another item of tangible or intangible	671
personal property, or other real property in which the delinquent	672
child has a right, title, or interest or for which the delinquent	673
child has the express or implied permission of a person with a	674
right, title, or interest to use, occupy, or possess if the	675
probation officers have reasonable grounds to believe that the	676
delinquent child is not abiding by the law or otherwise is not	677
complying with the conditions of the delinquent child's community	678
control. The court that places a delinquent child on community	679
control under this section shall provide the delinquent child with	680
a written notice that informs the delinquent child that authorized	681
probation officers who are engaged within the scope of their	682
supervisory duties or responsibilities may conduct those types of	683
searches during the period of community control if they have	684
reasonable grounds to believe that the delinquent child is not	685
abiding by the law or otherwise is not complying with the	686
conditions of the delinquent child's community control. The court	687
also shall provide the written notice described in division (E)(2)	688
of this section to each parent, guardian, or custodian of the	689
delinquent child who is described in that division.	690

(2) The court that places a child on community control under	691
this section shall provide the child's parent, guardian, or other	692
custodian with a written notice that informs them that authorized	693
probation officers may conduct searches pursuant to division	694
(E)(1) of this section. The notice shall specifically state that	695
a permissible search might extend to a motor vehicle, another item	696
of tangible or intangible personal property, or a place of	697
residence or other real property in which a notified parent,	698
guardian, or custodian has a right, title, or interest and that	699
the parent, guardian, or custodian expressly or impliedly permits	700
the child to use, occupy, or possess.	701

(G) If a juvenile court commits a delinquent child to the	702
custody of any person, organization, or entity pursuant to this	703
section and if the delinquent act for which the child is so	704
committed is a sexually oriented offense, the court in the order	705
of disposition shall inform the person, organization, or entity	706
that it is the preferred course of action in this state that the	707
child be provided treatment as described in division (A)(2) of	708
section 5139.13 of the Revised Code and shall encourage the	709
person, organization, or entity to provide that treatment.	710

Sec.  2152.21.  (A) Unless division (C) of this section	711
applies, if a child is adjudicated a juvenile traffic offender,	712
the court may make any of the following orders of disposition:	713

(1) Impose costs and one or more financial sanctions in	714
accordance with section 2152.20 of the Revised Code;	715

(2) Suspend the child's driver's license, probationary	716
driver's license, or temporary instruction permit or the	717
registration of all motor vehicles registered in the name of the	718
child for a definite period not exceeding two years. A child	719
whose license or permit is so suspended is ineligible for issuance	720
of a license or permit during the period of suspension. At the	721
end of the period of suspension, the child shall not be reissued a	722
license or permit until the child has paid any applicable	723
reinstatement fee and complied with all requirements governing	724
license reinstatement.	725

(3) Place the child on community control;

726

(4) Require the child to make restitution for all damages	727
caused by the child's traffic violation;	728

(5)(a) If the child is adjudicated a juvenile traffic	729
offender for committing a violation of division (A) of section	730
4511.19 of the Revised Code or of a municipal ordinance that is	731
substantially equivalent to that division, commit the child, for	732
not longer than five days, to either of the following:	733

(i) To the temporary custody of a detention facility or	734
district detention facility established under section 2152.41 of	735
the Revised Code;	736

(ii) To the temporary custody of any school, camp,	737
institution, or other facility for children operated in whole or	738
in part for the care of juvenile traffic offenders of that nature	739
by the county, by a district organized under section 2152.41 or	740
2151.65 of the Revised Code, or by a private agency or	741
organization within the state that is authorized and qualified to	742
provide the care, treatment, or placement required.	743

(b) If an order of disposition committing a child to the	744
temporary custody of a home, school, camp, institution, or other	745
facility of that nature is made under division (A)(5)(a) of this	746
section, the length of the commitment shall not be reduced or	747
diminished as a credit for any time that the child was held in a	748
place of detention or shelter care, or otherwise was detained,	749
prior to entry of the order of disposition.	750

(6) If, after making a disposition under divisions (A)(1) to	751
(5) of this section, the court finds upon further hearing that the	752
child has failed to comply with the orders of the court and the	753
child's operation of a motor vehicle constitutes the child a	754
danger to the child and to others, the court may make any	755
disposition authorized by divisions (A)(1), (3), (4), and (7)(8)	756
of section 2152.19 of the Revised Code, except that the child may	757
not be committed to or placed in a secure correctional facility	758
unless authorized by division (A)(5) of this section, and	759
commitment to or placement in a detention facility may not exceed	760
twenty-four hours.	761

(B) If a child is adjudicated a juvenile traffic offender	762
for violating division (A) or (B) of section 4511.19 of the	763
Revised Code, in addition to any order of disposition made under	764
division (A) of this section, the court shall suspend the	765
temporary instruction permit, probationary driver's license, or	766
driver's license issued to the child for a definite period of at	767
least three months but not more than two years or, at the	768
discretion of the court, until the child attends and	769
satisfactorily completes a drug abuse or alcohol abuse education,	770
intervention, or treatment program specified by the court. During	771
the time the child is attending the program, the court shall	772
retain any temporary instruction permit, probationary driver's	773
license, or driver's license issued to the child and shall return	774
the permit or license when the child satisfactorily completes the	775
program.	776

(C) If a child is adjudicated a juvenile traffic offender	777
for violating division (B)(1) or (2) of section 4513.263 of the	778
Revised Code, the court shall impose the appropriate fine set	779
forth in section 4513.99 of the Revised Code. If a child is	780
adjudicated a juvenile traffic offender for violating division	781
(B)(3) of section 4513.263 of the Revised Code and if the child is	782
sixteen years of age or older, the court shall impose the fine set	783
forth in division (G) of section 4513.99 of the Revised Code. If	784
a child is adjudicated a juvenile traffic offender for violating	785
division (B)(3) of section 4513.263 of the Revised Code and if the	786
child is under sixteen years of age, the court shall not impose a	787
fine but may place the child on probation or community control.	788

(D) A juvenile traffic offender is subject to sections	789
4509.01 to 4509.78 of the Revised Code.	790

Sec. 2705.05.  (A) InExcept as provided in division (B) of	791
this section, in all contempt proceedings, the court shall conduct	792
a hearing. At the hearing, the court shall investigate the charge	793
and hear any answer or testimony that the accused makes or offers	794
and shall determine whether the accused is guilty of the contempt	795
charge. If the accused is found guilty, the court may impose any	796
of the following penalties:	797

(1) For a first offense, a fine of not more than two hundred	798
fifty dollars, a definite term of imprisonment of not more than	799
thirty days in jail, or both;	800

(2) For a second offense, a fine of not more than five	801
hundred dollars, a definite term of imprisonment of not more than	802
sixty days in jail, or both;	803

(3) For a third or subsequent offense, a fine of not more	804
than one thousand dollars, a definite term of imprisonment of not	805
more than ninety days in jail, or both.	806

(B) In determining whether to impose a fine for contempt	807
under division (A)(7)(b) of section 2152.19 of the Revised Code, a	808
juvenile court is not required to conduct a separate hearing as	809
required by division (A) of this section, but shall comply with	810
the procedures described in division (A)(7)(b) of section 2152.19	811
of the Revised Code prior to imposing the fine.	812

(C) In all contempt proceedings initiated pursuant to	813
section 2705.031 of the Revised Code against an employer, the	814
bureau of workers' compensation, an employer that is paying	815
workers' compensation benefits, a board, board of trustees, or	816
other governing entity of a retirement system, person paying or	817
distributing income to an obligor under a support order, or	818
financial institution that is ordered to withhold or deduct an	819
amount of money from the income or other assets of a person	820
required to pay support and that fails to withhold or deduct the	821
amount of money as ordered by the support order, the court also	822
may require the employer, the bureau of workers' compensation, an	823
employer that is paying workers' compensation benefits, a board,	824
board of trustees, or other governing entity of a retirement	825
system, person paying or distributing income to an obligor under a	826
support order, or financial institution to pay the accumulated	827
support arrearages.	828

Sec. 4511.741. (A) As used in this section, "highway" means	829
a highway, lane, road, street, alley, bridge, or overpass.	830

(B) No person shall drop, throw, hoist, or otherwise	831
transfer any object upon or from any part of a highway if such	832
action presents a risk of harm to any person, vehicle, streetcar,	833
trackless trolley, animal-drawn vehicle, animal drawing an	834
animal-drawn vehicle, or watercraft.	835

Sec. 4511.99.  (A) Whoever violates division (A)(1), (2),	836
(3), or (4) of section 4511.19 of the Revised Code, in addition to	837
the license suspension or revocation provided in section 4507.16	838
of the Revised Code and any disqualification imposed under section	839
4506.16 of the Revised Code, shall be punished as provided in	840
division (A)(1), (2), (3), or (4) of this section. Whoever	841
violates division (A)(5), (6), or (7) of section 4511.19 of the	842
Revised Code, in addition to the license suspension or revocation	843
provided in section 4507.16 of the Revised Code and any	844
disqualification imposed under section 4506.16 of the Revised	845
Code, shall be punished as provided in division (A)(5), (6), (7),	846
or (8) of this section.	847

(1) Except as otherwise provided in division (A)(2), (3), or	848
(4) of this section, the offender is guilty of a misdemeanor of	849
the first degree and the court shall sentence the offender to a	850
term of imprisonment of three consecutive days and may sentence	851
the offender pursuant to section 2929.21 of the Revised Code to a	852
longer term of imprisonment. In addition, the court shall impose	853
upon the offender a fine of not less than two hundred fifty and	854
not more than one thousand dollars.	855

The court may suspend the execution of the mandatory three	856
consecutive days of imprisonment that it is required to impose by	857
this division, if the court, in lieu of the suspended term of	858
imprisonment, places the offender on probation and requires the	859
offender to attend, for three consecutive days, a drivers'	860
intervention program that is certified pursuant to section 3793.10	861
of the Revised Code. The court also may suspend the execution of	862
any part of the mandatory three consecutive days of imprisonment	863
that it is required to impose by this division, if the court	864
places the offender on probation for part of the three consecutive	865
days; requires the offender to attend, for that part of the three	866
consecutive days, a drivers' intervention program that is	867
certified pursuant to section 3793.10 of the Revised Code; and	868
sentences the offender to a term of imprisonment equal to the	869
remainder of the three consecutive days that the offender does not	870
spend attending the drivers' intervention program. The court may	871
require the offender, as a condition of probation, to attend and	872
satisfactorily complete any treatment or education programs that	873
comply with the minimum standards adopted pursuant to Chapter	874
3793. of the Revised Code by the director of alcohol and drug	875
addiction services, in addition to the required attendance at a	876
drivers' intervention program, that the operators of the drivers'	877
intervention program determine that the offender should attend and	878
to report periodically to the court on the offender's progress in	879
the programs. The court also may impose any other conditions of	880
probation on the offender that it considers necessary.	881

Of the fine imposed pursuant to this division, twenty-five	882
dollars shall be paid to an enforcement and education fund	883
established by the legislative authority of the law enforcement	884
agency in this state that primarily was responsible for the arrest	885
of the offender, as determined by the court that imposes the fine.	886
This share shall be used by the agency to pay only those costs it	887
incurs in enforcing section 4511.19 of the Revised Code or a	888
substantially similar municipal ordinance and in informing the	889
public of the laws governing the operation of a motor vehicle	890
while under the influence of alcohol, the dangers of operating a	891
motor vehicle while under the influence of alcohol, and other	892
information relating to the operation of a motor vehicle and the	893
consumption of alcoholic beverages. Fifty dollars of the fine	894
imposed pursuant to this division shall be paid to the political	895
subdivision that pays the cost of housing the offender during the	896
offender's term of incarceration to the credit of the fund that	897
pays the cost of the incarceration. If the offender was confined	898
as a result of the offense prior to being sentenced for the	899
offense but is not sentenced to a term of incarceration, the fifty	900
dollars shall be paid to the political subdivision that paid the	901
cost of housing the offender during that period of confinement.	902
The political subdivision shall use this share to pay or reimburse	903
incarceration or treatment costs it incurs in housing or providing	904
drug and alcohol treatment to persons who violate section 4511.19	905
of the Revised Code or a substantially similar municipal ordinance	906
and to pay for ignition interlock devices and electronic house	907
arrest equipment for persons who violate that section.	908
Twenty-five dollars of the fine imposed pursuant to this division	909
shall be deposited into the county indigent drivers alcohol	910
treatment fund or municipal indigent drivers alcohol treatment	911
fund under the control of that court, as created by the county or	912
municipal corporation pursuant to division (N) of section 4511.191	913
of the Revised Code. The balance of the fine shall be disbursed	914
as otherwise provided by law.	915

(2)(a) Except as otherwise provided in division (A)(4) of	916
this section, the offender is guilty of a misdemeanor of the first	917
degree, and, except as provided in this division, the court shall	918
sentence the offender to a term of imprisonment of ten consecutive	919
days and may sentence the offender pursuant to section 2929.21 of	920
the Revised Code to a longer term of imprisonment if, within six	921
years of the offense, the offender has been convicted of or	922
pleaded guilty to one violation of the following:	923

(i) Division (A) or (B) of section 4511.19 of the Revised	924
Code;	925

(ii) A municipal ordinance relating to operating a vehicle	926
while under the influence of alcohol, a drug of abuse, or alcohol	927
and a drug of abuse;	928

(iii) A municipal ordinance relating to operating a vehicle	929
with a prohibited concentration of alcohol in the blood, breath,	930
or urine;	931

(iv) Section 2903.04 of the Revised Code in a case in which	932
the offender was subject to the sanctions described in division	933
(D) of that section;	934

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	935
section 2903.08 of the Revised Code or a municipal ordinance that	936
is substantially similar to either of those divisions;	937

(vi) Division (A)(2), (3), or (4) of section 2903.06,	938
division (A)(2) of section 2903.08, or former section 2903.07 of	939
the Revised Code, or a municipal ordinance that is substantially	940
similar to any of those divisions or that former section, in a	941
case in which the jury or judge found that the offender was under	942
the influence of alcohol, a drug of abuse, or alcohol and a drug	943
of abuse;	944

(vii) A statute of the United States or of any other state	945
or a municipal ordinance of a municipal corporation located in any	946
other state that is substantially similar to division (A) or (B)	947
of section 4511.19 of the Revised Code.	948

As an alternative to the term of imprisonment required to be	949
imposed by this division, but subject to division (A)(12) of this	950
section, the court may impose upon the offender a sentence	951
consisting of both a term of imprisonment of five consecutive days	952
and not less than eighteen consecutive days of electronically	953
monitored house arrest as defined in division (A) of section	954
2929.23 of the Revised Code. The five consecutive days of	955
imprisonment and the period of electronically monitored house	956
arrest shall not exceed six months. The five consecutive days of	957
imprisonment do not have to be served prior to or consecutively	958
with the period of electronically monitored house arrest.	959

In addition, the court shall impose upon the offender a fine	960
of not less than three hundred fifty and not more than one	961
thousand five hundred dollars.	962

In addition to any other sentence that it imposes upon the	963
offender, the court may require the offender to attend a drivers'	964
intervention program that is certified pursuant to section 3793.10	965
of the Revised Code. If the officials of the drivers'	966
intervention program determine that the offender is alcohol	967
dependent, they shall notify the court, and the court shall order	968
the offender to obtain treatment through an alcohol and drug	969
addiction program authorized by section 3793.02 of the Revised	970
Code. The cost of the treatment shall be paid by the offender.	971

Of the fine imposed pursuant to this division, thirty-five	972
dollars shall be paid to an enforcement and education fund	973
established by the legislative authority of the law enforcement	974
agency in this state that primarily was responsible for the arrest	975
of the offender, as determined by the court that imposes the fine.	976
This share shall be used by the agency to pay only those costs it	977
incurs in enforcing section 4511.19 of the Revised Code or a	978
substantially similar municipal ordinance and in informing the	979
public of the laws governing the operation of a motor vehicle	980
while under the influence of alcohol, the dangers of operating a	981
motor vehicle while under the influence of alcohol, and other	982
information relating to the operation of a motor vehicle and the	983
consumption of alcoholic beverages. One hundred fifteen dollars	984
of the fine imposed pursuant to this division shall be paid to the	985
political subdivision that pays the cost of housing the offender	986
during the offender's term of incarceration. This share shall be	987
used by the political subdivision to pay or reimburse	988
incarceration or treatment costs it incurs in housing or providing	989
drug and alcohol treatment to persons who violate section 4511.19	990
of the Revised Code or a substantially similar municipal ordinance	991
and to pay for ignition interlock devices and electronic house	992
arrest equipment for persons who violate that section, and shall	993
be paid to the credit of the fund that pays the cost of the	994
incarceration. Fifty dollars of the fine imposed pursuant to this	995
division shall be deposited into the county indigent drivers	996
alcohol treatment fund or municipal indigent drivers alcohol	997
treatment fund under the control of that court, as created by the	998
county or municipal corporation pursuant to division (N) of	999
section 4511.191 of the Revised Code. The balance of the fine	1000
shall be disbursed as otherwise provided by law.	1001

(b) Regardless of whether the vehicle the offender was	1002
operating at the time of the offense is registered in the	1003
offender's name or in the name of another person, the court, in	1004
addition to the penalties imposed under division (A)(2)(a) of this	1005
section and all other penalties provided by law and subject to	1006
section 4503.235 of the Revised Code, shall order the	1007
immobilization for ninety days of the vehicle the offender was	1008
operating at the time of the offense and the impoundment for	1009
ninety days of the identification license plates of that vehicle.	1010
The order for the immobilization and impoundment shall be issued	1011
and enforced in accordance with section 4503.233 of the Revised	1012
Code.	1013

(3)(a) Except as otherwise provided in division (A)(4) of	1014
this section and except as provided in this division, if, within	1015
six years of the offense, the offender has been convicted of or	1016
pleaded guilty to two violations identified in division (A)(2) of	1017
this section, the court shall sentence the offender to a term of	1018
imprisonment of thirty consecutive days and may sentence the	1019
offender to a longer definite term of imprisonment of not more	1020
than one year. As an alternative to the term of imprisonment	1021
required to be imposed by this division, but subject to division	1022
(A)(12) of this section, the court may impose upon the offender a	1023
sentence consisting of both a term of imprisonment of fifteen	1024
consecutive days and not less than fifty-five consecutive days of	1025
electronically monitored house arrest as defined in division (A)	1026
of section 2929.23 of the Revised Code. The fifteen consecutive	1027
days of imprisonment and the period of electronically monitored	1028
house arrest shall not exceed one year. The fifteen consecutive	1029
days of imprisonment do not have to be served prior to or	1030
consecutively with the period of electronically monitored house	1031
arrest.	1032

In addition, the court shall impose upon the offender a fine	1033
of not less than five hundred fifty and not more than two thousand	1034
five hundred dollars.	1035

In addition to any other sentence that it imposes upon the	1036
offender, the court shall require the offender to attend an	1037
alcohol and drug addiction program authorized by section 3793.02	1038
of the Revised Code. The cost of the treatment shall be paid by	1039
the offender. If the court determines that the offender is unable	1040
to pay the cost of attendance at the treatment program, the court	1041
may order that payment of the cost of the offender's attendance at	1042
the treatment program be made from that court's indigent drivers	1043
alcohol treatment fund.	1044

Of the fine imposed pursuant to this division, one hundred	1045
twenty-three dollars shall be paid to an enforcement and education	1046
fund established by the legislative authority of the law	1047
enforcement agency in this state that primarily was responsible	1048
for the arrest of the offender, as determined by the court that	1049
imposes the fine. This share shall be used by the agency to pay	1050
only those costs it incurs in enforcing section 4511.19 of the	1051
Revised Code or a substantially similar municipal ordinance and in	1052
informing the public of the laws governing the operation of a	1053
motor vehicle while under the influence of alcohol, the dangers of	1054
operating a motor vehicle while under the influence of alcohol,	1055
and other information relating to the operation of a motor vehicle	1056
and the consumption of alcoholic beverages. Two hundred	1057
seventy-seven dollars of the fine imposed pursuant to this	1058
division shall be paid to the political subdivision that pays the	1059
cost of housing the offender during the offender's term of	1060
incarceration. This share shall be used by the political	1061
subdivision to pay or reimburse incarceration or treatment costs	1062
it incurs in housing or providing drug and alcohol treatment to	1063
persons who violate section 4511.19 of the Revised Code or a	1064
substantially similar municipal ordinance and to pay for ignition	1065
interlock devices and electronic house arrest equipment for	1066
persons who violate that section and shall be paid to the credit	1067
of the fund that pays the cost of incarceration. The balance of	1068
the fine shall be disbursed as otherwise provided by law.	1069

(b) Regardless of whether the vehicle the offender was	1070
operating at the time of the offense is registered in the	1071
offender's name or in the name of another person, the court, in	1072
addition to the penalties imposed under division (A)(3)(a) of this	1073
section and all other penalties provided by law and subject to	1074
section 4503.235 of the Revised Code, shall order the criminal	1075
forfeiture to the state of the vehicle the offender was operating	1076
at the time of the offense. The order of criminal forfeiture	1077
shall be issued and enforced in accordance with section 4503.234	1078
of the Revised Code.	1079

(4)(a)(i) If, within six years of the offense, the offender	1080
has been convicted of or pleaded guilty to three or more	1081
violations identified in division (A)(2) of this section, and if	1082
sentence is not required to be imposed under division	1083
(A)(4)(a)(ii) of this section, the offender is guilty of a felony	1084
of the fourth degree and, notwithstanding division (A)(4) of	1085
section 2929.14 of the Revised Code, may be sentenced to a	1086
definite prison term that shall be not less than six months and	1087
not more than thirty months. The court shall sentence the	1088
offender in accordance with sections 2929.11 to 2929.19 of the	1089
Revised Code and shall impose as part of the sentence either a	1090
mandatory term of local incarceration of sixty consecutive days of	1091
imprisonment in accordance with division (G)(1) of section 2929.13	1092
of the Revised Code or a mandatory prison term of sixty	1093
consecutive days of imprisonment in accordance with division	1094
(G)(2) of that section. If the court requires the offender to	1095
serve a mandatory term of local incarceration of sixty consecutive	1096
days of imprisonment in accordance with division (G)(1) of section	1097
2929.13 of the Revised Code, the court, pursuant to section	1098
2929.17 of the Revised Code, may impose upon the offender a	1099
sentence that includes a term of electronically monitored house	1100
arrest, provided that the term of electronically monitored house	1101
arrest shall not commence until after the offender has served the	1102
mandatory term of local incarceration.	1103

(ii) If the offender previously has been convicted of or	1104
pleaded guilty to a violation of division (A) of section 4511.19	1105
of the Revised Code under circumstances in which the violation was	1106
a felony, regardless of when the prior violation and the prior	1107
conviction or guilty plea occurred, the offender is guilty of a	1108
felony of the third degree. The court shall sentence the offender	1109
in accordance with sections 2929.11 to 2929.19 of the Revised Code	1110
and shall impose as part of the sentence a mandatory prison term	1111
of sixty consecutive days of imprisonment in accordance with	1112
division (G)(2) of section 2929.13 of the Revised Code.	1113

(iii) In addition to all other sanctions imposed on an	1114
offender under division (A)(4)(a)(i) or (ii) of this section, the	1115
court shall impose upon the offender, pursuant to section 2929.18	1116
of the Revised Code, a fine of not less than eight hundred nor	1117
more than ten thousand dollars.	1118

In addition to any other sanction that it imposes upon the	1119
offender under division (A)(4)(a)(i) or (ii) of this section, the	1120
court shall require the offender to attend an alcohol and drug	1121
addiction program authorized by section 3793.02 of the Revised	1122
Code. The cost of the treatment shall be paid by the offender. If	1123
the court determines that the offender is unable to pay the cost	1124
of attendance at the treatment program, the court may order that	1125
payment of the cost of the offender's attendance at the treatment	1126
program be made from the court's indigent drivers alcohol	1127
treatment fund.	1128

Of the fine imposed pursuant to this division, two hundred	1129
ten dollars shall be paid to an enforcement and education fund	1130
established by the legislative authority of the law enforcement	1131
agency in this state that primarily was responsible for the arrest	1132
of the offender, as determined by the court that imposes the fine.	1133
This share shall be used by the agency to pay only those costs it	1134
incurs in enforcing section 4511.19 of the Revised Code or a	1135
substantially similar municipal ordinance and in informing the	1136
public of the laws governing operation of a motor vehicle while	1137
under the influence of alcohol, the dangers of operation of a	1138
motor vehicle while under the influence of alcohol, and other	1139
information relating to the operation of a motor vehicle and the	1140
consumption of alcoholic beverages. Four hundred forty dollars of	1141
the fine imposed pursuant to this division shall be paid to the	1142
political subdivision that pays the cost of housing the offender	1143
during the offender's term of incarceration. This share shall be	1144
used by the political subdivision to pay or reimburse	1145
incarceration or treatment costs it incurs in housing or providing	1146
drug and alcohol treatment to persons who violate section 4511.19	1147
of the Revised Code or a substantially similar municipal ordinance	1148
and to pay for ignition interlock devices and electronic house	1149
arrest equipment for persons who violate that section, and shall	1150
be paid to the credit of the fund that pays the cost of	1151
incarceration. The balance of the fine shall be disbursed as	1152
otherwise provided by law.	1153

(b) Regardless of whether the vehicle the offender was	1154
operating at the time of the offense is registered in the	1155
offender's name or in the name of another person, the court, in	1156
addition to the sanctions imposed under division (A)(4)(a) of this	1157
section and all other sanctions provided by law and subject to	1158
section 4503.235 of the Revised Code, shall order the criminal	1159
forfeiture to the state of the vehicle the offender was operating	1160
at the time of the offense. The order of criminal forfeiture	1161
shall be issued and enforced in accordance with section 4503.234	1162
of the Revised Code.	1163

(c) As used in division (A)(4)(a) of this section,	1164
"mandatory prison term" and "mandatory term of local	1165
incarceration" have the same meanings as in section 2929.01 of the	1166
Revised Code.	1167

If title to a motor vehicle that is subject to an order for	1168
criminal forfeiture under this section is assigned or transferred	1169
and division (C)(2) or (3) of section 4503.234 of the Revised Code	1170
applies, in addition to or independent of any other penalty	1171
established by law, the court may fine the offender the value of	1172
the vehicle as determined by publications of the national auto	1173
dealer's association. The proceeds from any fine imposed under	1174
this division shall be distributed in accordance with division	1175
(D)(4) of section 4503.234 of the Revised Code.	1176

(5)(a) Except as otherwise provided in division (A)(6), (7),	1177
or (8) of this section, the offender is guilty of a misdemeanor of	1178
the first degree, and the court shall sentence the offender to one	1179
of the following:	1180

(i) A term of imprisonment of at least three consecutive	1181
days and a requirement that the offender attend, for three	1182
consecutive days, a drivers' intervention program that is	1183
certified pursuant to section 3793.10 of the Revised Code;	1184

(ii) If the court determines that the offender is not	1185
conducive to treatment in the program, if the offender refuses to	1186
attend the program, or if the place of imprisonment can provide a	1187
drivers' intervention program, a term of imprisonment of at least	1188
six consecutive days.	1189

(b) In addition, the court shall impose upon the offender a	1190
fine of not less than two hundred fifty and not more than one	1191
thousand dollars.	1192

The court may require the offender, as a condition of	1193
probation, to attend and satisfactorily complete any treatment or	1194
education programs that comply with the minimum standards adopted	1195
pursuant to Chapter 3793. of the Revised Code by the director of	1196
alcohol and drug addiction services, in addition to the required	1197
attendance at a drivers' intervention program, that the operators	1198
of the drivers' intervention program determine that the offender	1199
should attend and to report periodically to the court on the	1200
offender's progress in the programs. The court also may impose	1201
any other conditions of probation on the offender that it	1202
considers necessary.	1203

Of the fine imposed pursuant to this division, twenty-five	1204
dollars shall be paid to an enforcement and education fund	1205
established by the legislative authority of the law enforcement	1206
agency in this state that primarily was responsible for the arrest	1207
of the offender, as determined by the court that imposes the fine.	1208
The agency shall use this share to pay only those costs it incurs	1209
in enforcing section 4511.19 of the Revised Code or a	1210
substantially similar municipal ordinance and in informing the	1211
public of the laws governing the operation of a motor vehicle	1212
while under the influence of alcohol, the dangers of operating a	1213
motor vehicle while under the influence of alcohol, and other	1214
information relating to the operation of a motor vehicle and the	1215
consumption of alcoholic beverages. Fifty dollars of the fine	1216
imposed pursuant to this division shall be paid to the political	1217
subdivision that pays the cost of housing the offender during the	1218
offender's term of incarceration to the credit of the fund that	1219
pays the cost of the incarceration. The political subdivision	1220
shall use this share to pay or reimburse incarceration or	1221
treatment costs it incurs in housing or providing drug and alcohol	1222
treatment to persons who violate section 4511.19 of the Revised	1223
Code or a substantially similar municipal ordinance and to pay for	1224
ignition interlock devices and electronic house arrest equipment	1225
for persons who violate that section. Twenty-five dollars of the	1226
fine imposed pursuant to this division shall be deposited into the	1227
county indigent drivers alcohol treatment fund or municipal	1228
indigent drivers alcohol treatment fund under the control of that	1229
court, as created by the county or municipal corporation pursuant	1230
to division (N) of section 4511.191 of the Revised Code. The	1231
balance of the fine shall be disbursed as otherwise provided by	1232
law.	1233

(6)(a) Except as otherwise provided in division (A)(8) of	1234
this section and except as provided in this division, if, within	1235
six years of the offense, the offender has been convicted of or	1236
pleaded guilty to one violation of division (A) or (B) of section	1237
4511.19 of the Revised Code, a municipal ordinance relating to	1238
operating a vehicle while under the influence of alcohol, a drug	1239
of abuse, or alcohol and a drug of abuse, a municipal ordinance	1240
relating to operating a vehicle with a prohibited concentration of	1241
alcohol in the blood, breath, or urine, section 2903.04 of the	1242
Revised Code in a case in which the offender was subject to the	1243
sanctions described in division (D) of that section, section	1244
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	1245
ordinance that is substantially similar to section 2903.07 of the	1246
Revised Code in a case in which the jury or judge found that the	1247
offender was under the influence of alcohol, a drug of abuse, or	1248
alcohol and a drug of abuse, or a statute of the United States or	1249
of any other state or a municipal ordinance of a municipal	1250
corporation located in any other state that is substantially	1251
similar to division (A) or (B) of section 4511.19 of the Revised	1252
Code, the offender is guilty of a misdemeanor of the first degree,	1253
and the court shall sentence the offender to a term of	1254
imprisonment of twenty consecutive days and may sentence the	1255
offender pursuant to section 2929.21 of the Revised Code to a	1256
longer term of imprisonment. As an alternative to the term of	1257
imprisonment required to be imposed by this division, but subject	1258
to division (A)(12) of this section, the court may impose upon the	1259
offender a sentence consisting of both a term of imprisonment of	1260
ten consecutive days and not less than thirty-six consecutive days	1261
of electronically monitored house arrest as defined in division	1262
(A) of section 2929.23 of the Revised Code. The ten consecutive	1263
days of imprisonment and the period of electronically monitored	1264
house arrest shall not exceed six months. The ten consecutive	1265
days of imprisonment do not have to be served prior to or	1266
consecutively with the period of electronically monitored house	1267
arrest.	1268

In addition, the court shall impose upon the offender a fine	1269
of not less than three hundred fifty and not more than one	1270
thousand five hundred dollars.	1271

In addition to any other sentence that it imposes upon the	1272
offender, the court may require the offender to attend a drivers'	1273
intervention program that is certified pursuant to section 3793.10	1274
of the Revised Code. If the officials of the drivers'	1275
intervention program determine that the offender is alcohol	1276
dependent, they shall notify the court, and the court shall order	1277
the offender to obtain treatment through an alcohol and drug	1278
addiction program authorized by section 3793.02 of the Revised	1279
Code. The offender shall pay the cost of the treatment.	1280

Of the fine imposed pursuant to this division, thirty-five	1281
dollars shall be paid to an enforcement and education fund	1282
established by the legislative authority of the law enforcement	1283
agency in this state that primarily was responsible for the arrest	1284
of the offender, as determined by the court that imposes the fine.	1285
The agency shall use this share to pay only those costs it incurs	1286
in enforcing section 4511.19 of the Revised Code or a	1287
substantially similar municipal ordinance and in informing the	1288
public of the laws governing the operation of a motor vehicle	1289
while under the influence of alcohol, the dangers of operating a	1290
motor vehicle while under the influence of alcohol, and other	1291
information relating to the operation of a motor vehicle and the	1292
consumption of alcoholic beverages. One hundred fifteen dollars	1293
of the fine imposed pursuant to this division shall be paid to the	1294
political subdivision that pays the cost of housing the offender	1295
during the offender's term of incarceration. The political	1296
subdivision shall use this share to pay or reimburse incarceration	1297
or treatment costs it incurs in housing or providing drug and	1298
alcohol treatment to persons who violate section 4511.19 of the	1299
Revised Code or a substantially similar municipal ordinance and to	1300
pay for ignition interlock devices and electronic house arrest	1301
equipment for persons who violate that section, and this share	1302
shall be paid to the credit of the fund that pays the cost of the	1303
incarceration. Fifty dollars of the fine imposed pursuant to this	1304
division shall be deposited into the county indigent drivers	1305
alcohol treatment fund or municipal indigent drivers alcohol	1306
treatment fund under the control of that court, as created by the	1307
county or municipal corporation pursuant to division (N) of	1308
section 4511.191 of the Revised Code. The balance of the fine	1309
shall be disbursed as otherwise provided by law.	1310

(b) Regardless of whether the vehicle the offender was	1311
operating at the time of the offense is registered in the	1312
offender's name or in the name of another person, the court, in	1313
addition to the penalties imposed under division (A)(6)(a) of this	1314
section and all other penalties provided by law and subject to	1315
section 4503.235 of the Revised Code, shall order the	1316
immobilization for ninety days of the vehicle the offender was	1317
operating at the time of the offense and the impoundment for	1318
ninety days of the identification license plates of that vehicle.	1319
The order for the immobilization and impoundment shall be issued	1320
and enforced in accordance with section 4503.233 of the Revised	1321
Code.	1322

(7)(a) Except as otherwise provided in division (A)(8) of	1323
this section and except as provided in this division, if, within	1324
six years of the offense, the offender has been convicted of or	1325
pleaded guilty to two violations of division (A) or (B) of section	1326
4511.19 of the Revised Code, a municipal ordinance relating to	1327
operating a vehicle while under the influence of alcohol, a drug	1328
of abuse, or alcohol and a drug of abuse, a municipal ordinance	1329
relating to operating a vehicle with a prohibited concentration of	1330
alcohol in the blood, breath, or urine, section 2903.04 of the	1331
Revised Code in a case in which the offender was subject to the	1332
sanctions described in division (D) of that section, section	1333
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	1334
ordinance that is substantially similar to section 2903.07 of the	1335
Revised Code in a case in which the jury or judge found that the	1336
offender was under the influence of alcohol, a drug of abuse, or	1337
alcohol and a drug of abuse, or a statute of the United States or	1338
of any other state or a municipal ordinance of a municipal	1339
corporation located in any other state that is substantially	1340
similar to division (A) or (B) of section 4511.19 of the Revised	1341
Code, the court shall sentence the offender to a term of	1342
imprisonment of sixty consecutive days and may sentence the	1343
offender to a longer definite term of imprisonment of not more	1344
than one year. As an alternative to the term of imprisonment	1345
required to be imposed by this division, but subject to division	1346
(A)(12) of this section, the court may impose upon the offender a	1347
sentence consisting of both a term of imprisonment of thirty	1348
consecutive days and not less than one hundred ten consecutive	1349
days of electronically monitored house arrest as defined in	1350
division (A) of section 2929.23 of the Revised Code. The thirty	1351
consecutive days of imprisonment and the period of electronically	1352
monitored house arrest shall not exceed one year. The thirty	1353
consecutive days of imprisonment do not have to be served prior to	1354
or consecutively with the period of electronically monitored house	1355
arrest.	1356

In addition, the court shall impose upon the offender a fine	1357
of not less than five hundred fifty and not more than two thousand	1358
five hundred dollars.	1359

In addition to any other sentence that it imposes upon the	1360
offender, the court shall require the offender to attend an	1361
alcohol and drug addiction program authorized by section 3793.02	1362
of the Revised Code. The offender shall pay the cost of the	1363
treatment. If the court determines that the offender is unable to	1364
pay the cost of attendance at the treatment program, the court may	1365
order that payment of the cost of the offender's attendance at the	1366
treatment program be made from that court's indigent drivers	1367
alcohol treatment fund.	1368

Of the fine imposed pursuant to this division, one hundred	1369
twenty-three dollars shall be paid to an enforcement and education	1370
fund established by the legislative authority of the law	1371
enforcement agency in this state that primarily was responsible	1372
for the arrest of the offender, as determined by the court that	1373
imposes the fine. The agency shall use this share to pay only	1374
those costs it incurs in enforcing section 4511.19 of the Revised	1375
Code or a substantially similar municipal ordinance and in	1376
informing the public of the laws governing the operation of a	1377
motor vehicle while under the influence of alcohol, the dangers of	1378
operating a motor vehicle while under the influence of alcohol,	1379
and other information relating to the operation of a motor vehicle	1380
and the consumption of alcoholic beverages. Two hundred	1381
seventy-seven dollars of the fine imposed pursuant to this	1382
division shall be paid to the political subdivision that pays the	1383
cost of housing the offender during the offender's term of	1384
incarceration. The political subdivision shall use this share to	1385
pay or reimburse incarceration or treatment costs it incurs in	1386
housing or providing drug and alcohol treatment to persons who	1387
violate section 4511.19 of the Revised Code or a substantially	1388
similar municipal ordinance and to pay for ignition interlock	1389
devices and electronic house arrest equipment for persons who	1390
violate that section, and this share shall be paid to the credit	1391
of the fund that pays the cost of incarceration. The balance of	1392
the fine shall be disbursed as otherwise provided by law.	1393

(b) Regardless of whether the vehicle the offender was	1394
operating at the time of the offense is registered in the	1395
offender's name or in the name of another person, the court, in	1396
addition to the penalties imposed under division (A)(7)(a) of this	1397
section and all other penalties provided by law and subject to	1398
section 4503.235 of the Revised Code, shall order the	1399
immobilization for one hundred eighty days of the vehicle the	1400
offender was operating at the time of the offense and the	1401
impoundment for one hundred eighty days of the identification	1402
license plates of that vehicle. The order for the immobilization	1403
and impoundment shall be issued and enforced in accordance with	1404
section 4503.233 of the Revised Code.	1405

(8)(a)(i) If, within six years of the offense, the offender	1406
has been convicted of or pleaded guilty to three or more	1407
violations of division (A) or (B) of section 4511.19 of the	1408
Revised Code, a municipal ordinance relating to operating a	1409
vehicle while under the influence of alcohol, a drug of abuse, or	1410
alcohol and a drug of abuse, a municipal ordinance relating to	1411
operating a vehicle with a prohibited concentration of alcohol in	1412
the blood, breath, or urine, section 2903.04 of the Revised Code	1413
in a case in which the offender was subject to the sanctions	1414
described in division (D) of that section, section 2903.06,	1415
2903.07, or 2903.08 of the Revised Code or a municipal ordinance	1416
that is substantially similar to section 2903.07 of the Revised	1417
Code in a case in which the jury or judge found that the offender	1418
was under the influence of alcohol, a drug of abuse, or alcohol	1419
and a drug of abuse, or a statute of the United States or of any	1420
other state or a municipal ordinance of a municipal corporation	1421
located in any other state that is substantially similar to	1422
division (A) or (B) of section 4511.19 of the Revised Code, and if	1423
sentence is not required to be imposed under division	1424
(A)(8)(a)(ii) of this section, the offender is guilty of a felony	1425
of the fourth degree and, notwithstanding division (A)(4) of	1426
section 2929.14 of the Revised Code, may be sentenced to a	1427
definite prison term that shall be not less than six months and	1428
not more than thirty months. The court shall sentence the	1429
offender in accordance with sections 2929.11 to 2929.19 of the	1430
Revised Code and shall impose as part of the sentence either a	1431
mandatory term of local incarceration of one hundred twenty	1432
consecutive days of imprisonment in accordance with division	1433
(G)(1) of section 2929.13 of the Revised Code or a mandatory	1434
prison term of one hundred twenty consecutive days of imprisonment	1435
in accordance with division (G)(2) of that section. If the court	1436
requires the offender to serve a mandatory term of local	1437
incarceration of one hundred twenty consecutive days of	1438
imprisonment in accordance with division (G)(1) of section 2929.13	1439
of the Revised Code, the court, pursuant to section 2929.17 of the	1440
Revised Code, may impose upon the offender a sentence that	1441
includes a term of electronically monitored house arrest, provided	1442
that the term of electronically monitored house arrest shall not	1443
commence until after the offender has served the mandatory term of	1444
local incarceration.	1445

(ii) If the offender previously has been convicted of or	1446
pleaded guilty to a violation of division (A) of section 4511.19	1447
of the Revised Code under circumstances in which the violation was	1448
a felony, regardless of when the prior violation and the prior	1449
conviction or guilty plea occurred, the offender is guilty of a	1450
felony of the third degree. The court shall sentence the offender	1451
in accordance with sections 2929.11 to 2929.19 of the Revised Code	1452
and shall impose as part of the sentence a mandatory prison term	1453
of one hundred twenty consecutive days of imprisonment in	1454
accordance with division (G)(2) of section 2929.13 of the Revised	1455
Code.	1456

(iii) In addition to all other sanctions imposed on an	1457
offender under division (A)(8)(a)(i) or (ii) of this section, the	1458
court shall impose upon the offender, pursuant to section 2929.18	1459
of the Revised Code, a fine of not less than eight hundred nor	1460
more than ten thousand dollars.	1461

In addition to any other sanction that it imposes upon the	1462
offender under division (A)(8)(a)(i) or (ii) of this section, the	1463
court shall require the offender to attend an alcohol and drug	1464
addiction program authorized by section 3793.02 of the Revised	1465
Code. The cost of the treatment shall be paid by the offender. If	1466
the court determines that the offender is unable to pay the cost	1467
of attendance at the treatment program, the court may order that	1468
payment of the cost of the offender's attendance at the treatment	1469
program be made from the court's indigent drivers alcohol	1470
treatment fund.	1471

Of the fine imposed pursuant to this division, two hundred	1472
ten dollars shall be paid to an enforcement and education fund	1473
established by the legislative authority of the law enforcement	1474
agency in this state that primarily was responsible for the arrest	1475
of the offender, as determined by the court that imposes the fine.	1476
The agency shall use this share to pay only those costs it incurs	1477
in enforcing section 4511.19 of the Revised Code or a	1478
substantially similar municipal ordinance and in informing the	1479
public of the laws governing operation of a motor vehicle while	1480
under the influence of alcohol, the dangers of operation of a	1481
motor vehicle while under the influence of alcohol, and other	1482
information relating to the operation of a motor vehicle and the	1483
consumption of alcoholic beverages. Four hundred forty dollars of	1484
the fine imposed pursuant to this division shall be paid to the	1485
political subdivision that pays the cost of housing the offender	1486
during the offender's term of incarceration. The political	1487
subdivision shall use this share to pay or reimburse incarceration	1488
or treatment costs it incurs in housing or providing drug and	1489
alcohol treatment to persons who violate section 4511.19 of the	1490
Revised Code or a substantially similar municipal ordinance and to	1491
pay for ignition interlock devices and electronic house arrest	1492
equipment for persons who violate that section, and this share	1493
shall be paid to the credit of the fund that pays the cost of	1494
incarceration. The balance of the fine shall be disbursed as	1495
otherwise provided by law.	1496

(b) Regardless of whether the vehicle the offender was	1497
operating at the time of the offense is registered in the	1498
offender's name or in the name of another person, the court, in	1499
addition to the sanctions imposed under division (A)(8)(a) of this	1500
section and all other sanctions provided by law and subject to	1501
section 4503.235 of the Revised Code, shall order the criminal	1502
forfeiture to the state of the vehicle the offender was operating	1503
at the time of the offense. The order of criminal forfeiture	1504
shall be issued and enforced in accordance with section 4503.234	1505
of the Revised Code.	1506

(c) As used in division (A)(8)(a) of this section,	1507
"mandatory prison term" and "mandatory term of local	1508
incarceration" have the same meanings as in section 2929.01 of the	1509
Revised Code.	1510

(d) If title to a motor vehicle that is subject to an order	1511
for criminal forfeiture under this section is assigned or	1512
transferred and division (C)(2) or (3) of section 4503.234 of the	1513
Revised Code applies, in addition to or independent of any other	1514
penalty established by law, the court may fine the offender the	1515
value of the vehicle as determined by publications of the national	1516
auto dealer's association. The proceeds from any fine imposed	1517
under this division shall be distributed in accordance with	1518
division (D)(4) of section 4503.234 of the Revised Code.	1519

(9)(a) Except as provided in division (A)(9)(b) of this	1520
section, upon a showing that imprisonment would seriously affect	1521
the ability of an offender sentenced pursuant to division (A)(1),	1522
(2), (3), (4), (5), (6), (7), or (8) of this section to continue	1523
the offender's employment, the court may authorize that the	1524
offender be granted work release from imprisonment after the	1525
offender has served the three, six, ten, twenty, thirty, or sixty	1526
consecutive days of imprisonment or the mandatory term of local	1527
incarceration of sixty or one hundred twenty consecutive days that	1528
the court is required by division (A)(1), (2), (3), (4), (5), (6),	1529
(7), or (8) of this section to impose. No court shall authorize	1530
work release from imprisonment during the three, six, ten, twenty,	1531
thirty, or sixty consecutive days of imprisonment or the mandatory	1532
term of local incarceration or mandatory prison term of sixty or	1533
one hundred twenty consecutive days that the court is required by	1534
division (A)(1), (2), (3), (4), (5), (6), (7), or (8) of this	1535
section to impose. The duration of the work release shall not	1536
exceed the time necessary each day for the offender to commute to	1537
and from the place of employment and the place of imprisonment and	1538
the time actually spent under employment.	1539

(b) An offender who is sentenced pursuant to division	1540
(A)(2), (3), (6), or (7) of this section to a term of imprisonment	1541
followed by a period of electronically monitored house arrest is	1542
not eligible for work release from imprisonment, but that person	1543
shall be permitted work release during the period of	1544
electronically monitored house arrest. The duration of the work	1545
release shall not exceed the time necessary each day for the	1546
offender to commute to and from the place of employment and the	1547
offender's home or other place specified by the sentencing court	1548
and the time actually spent under employment.	1549

(10) Notwithstanding any section of the Revised Code that	1550
authorizes the suspension of the imposition or execution of a	1551
sentence, the placement of an offender in any treatment program in	1552
lieu of imprisonment, or the use of a community control sanction	1553
for an offender convicted of a felony, no court shall suspend the	1554
ten, twenty, thirty, or sixty consecutive days of imprisonment	1555
required to be imposed on an offender by division (A)(2), (3),	1556
(6), or (7) of this section, no court shall place an offender who	1557
is sentenced pursuant to division (A)(2), (3), (4), (6), (7), or	1558
(8) of this section in any treatment program in lieu of	1559
imprisonment until after the offender has served the ten, twenty,	1560
thirty, or sixty consecutive days of imprisonment or the mandatory	1561
term of local incarceration or mandatory prison term of sixty or	1562
one hundred twenty consecutive days required to be imposed	1563
pursuant to division (A)(2), (3), (4), (6), (7), or (8) of this	1564
section, no court that sentences an offender under division (A)(4)	1565
or (8) of this section shall impose any sanction other than a	1566
mandatory term of local incarceration or mandatory prison term to	1567
apply to the offender until after the offender has served the	1568
mandatory term of local incarceration or mandatory prison term of	1569
sixty or one hundred twenty consecutive days required to be	1570
imposed pursuant to division (A)(4) or (8) of this section, and no	1571
court that imposes a sentence of imprisonment and a period of	1572
electronically monitored house arrest upon an offender under	1573
division (A)(2), (3), (6), or (7) of this section shall suspend	1574
any portion of the sentence or place the offender in any treatment	1575
program in lieu of imprisonment or electronically monitored house	1576
arrest. Notwithstanding any section of the Revised Code that	1577
authorizes the suspension of the imposition or execution of a	1578
sentence or the placement of an offender in any treatment program	1579
in lieu of imprisonment, no court, except as specifically	1580
authorized by division (A)(1) or (5) of this section, shall	1581
suspend the three or more consecutive days of imprisonment	1582
required to be imposed by division (A)(1) or (5) of this section	1583
or place an offender who is sentenced pursuant to division (A)(1)	1584
or (5) of this section in any treatment program in lieu of	1585
imprisonment until after the offender has served the three or more	1586
consecutive days of imprisonment required to be imposed pursuant	1587
to division (A)(1) or (5) of this section.	1588

(11) No court shall sentence an offender to an alcohol	1589
treatment program pursuant to division (A)(1), (2), (3), (4), (5),	1590
(6), (7), or (8) of this section unless the treatment program	1591
complies with the minimum standards adopted pursuant to Chapter	1592
3793. of the Revised Code by the director of alcohol and drug	1593
addiction services.	1594

(12) No court shall impose the alternative sentence of a	1595
term of imprisonment plus a term of electronically monitored house	1596
arrest permitted to be imposed by division (A)(2), (3), (6), or	1597
(7) of this section, unless within sixty days of the date of	1598
sentencing, the court issues a written finding, entered into the	1599
record, that due to the unavailability of space at the	1600
incarceration facility where the offender is required to serve the	1601
term of imprisonment imposed upon the offender, the offender will	1602
not be able to commence serving the term of imprisonment within	1603
the sixty-day period following the date of sentencing. If the	1604
court issues such a written finding, the court may impose the	1605
alternative sentence comprised of a term of imprisonment and a	1606
term of electronically monitored house arrest permitted to be	1607
imposed by division (A)(2), (3), (6), or (7) of this section.	1608

(B) Whoever violates section 4511.192, 4511.251, or 4511.85	1609
of the Revised Code is guilty of a misdemeanor of the first	1610
degree. The court, in addition to or independent of all other	1611
penalties provided by law, may suspend for a period not to exceed	1612
one year the driver's or commercial driver's license or permit or	1613
nonresident operating privilege of any person who pleads guilty to	1614
or is convicted of a violation of section 4511.192 of the Revised	1615
Code.	1616

(C) Whoever violates section 4511.63, 4511.76, 4511.761,	1617
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is	1618
guilty of one of the following:	1619

(1) Except as otherwise provided in division (C)(2) of this	1620
section, a minor misdemeanor.	1621

(2) If the offender previously has been convicted of or	1622
pleaded guilty to one or more violations of section 4511.63,	1623
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the	1624
Revised Code or a municipal ordinance that is substantially	1625
similar to any of those sections, a misdemeanor of the fourth	1626
degree.	1627

(D)(1) Whoever violates any provision of sections 4511.01 to	1628
4511.76 or section 4511.84 of the Revised Code, for which no	1629
penalty otherwise is provided in this section is guilty of one of	1630
the following:	1631

(a) Except as otherwise provided in division (D)(1)(b),	1632
(1)(c), (2), (3), or (4) of this section, a minor misdemeanor;	1633

(b) If, within one year of the offense, the offender	1634
previously has been convicted of or pleaded guilty to one	1635
violation of any provision of sections 4511.01 to 4511.76 or	1636
section 4511.84 of the Revised Code for which no penalty otherwise	1637
is provided in this section or a municipal ordinance that is	1638
substantially similar to any provision of sections 4511.01 to	1639
4511.76 or section 4511.84 of the Revised Code for which no	1640
penalty otherwise is provided in this section, a misdemeanor of	1641
the fourth degree;	1642

(c) If, within one year of the offense, the offender	1643
previously has been convicted of or pleaded guilty to two or more	1644
violations of any provision described in division (D)(1)(b) of	1645
this section or any municipal ordinance that is substantially	1646
similar to any of those provisions, a misdemeanor of the third	1647
degree.	1648

(2) When any person is found guilty of a first offense for a	1649
violation of section 4511.21 of the Revised Code upon a finding	1650
that the person operated a motor vehicle faster than thirty-five	1651
miles an hour in a business district of a municipal corporation,	1652
or faster than fifty miles an hour in other portions, or faster	1653
than thirty-five miles an hour while passing through a school zone	1654
during recess or while children are going to or leaving school	1655
during the opening or closing hours, the person is guilty of a	1656
misdemeanor of the fourth degree.	1657

(3) Notwithstanding section 2929.21 of the Revised Code,	1658
upon a finding that such person operated a motor vehicle in a	1659
construction zone where a sign was then posted in accordance with	1660
section 4511.98 of the Revised Code, the court, in addition to all	1661
other penalties provided by law, shall impose a fine of two times	1662
the usual amount imposed for the violation. No court shall impose	1663
a fine of two times the usual amount imposed for the violation	1664
upon an offender who alleges, in an affidavit filed with the court	1665
prior to the offender's sentencing, that the offender is indigent	1666
and is unable to pay the fine imposed pursuant to this division,	1667
provided the court determines the offender is an indigent person	1668
and is unable to pay the fine.	1669

(4) Notwithstanding section 2929.21 of the Revised Code,	1670
upon a finding that a person operated a motor vehicle in violation	1671
of division (C) of section 4511.213 of the Revised Code, the	1672
court, in addition to all other penalties provided by law, shall	1673
impose a fine of two times the usual amount imposed for the	1674
violation.	1675

(E) Whenever a person is found guilty in a court of record	1676
of a violation of section 4511.761, 4511.762, or 4511.77 of the	1677
Revised Code, the trial judge, in addition to or independent of	1678
all other penalties provided by law, may suspend for any period of	1679
time not exceeding three years, or revoke the license of any	1680
person, partnership, association, or corporation, issued under	1681
section 4511.763 of the Revised Code.	1682

(F) Whoever violates division (E) or (F) of section 4511.51,	1683
division (A), (D), or (E) of section 4511.521, section 4511.681,	1684
division (A) or (C) of section 4511.69, section 4511.772, or	1685
division (A) or (B) of section 4511.82 of the Revised Code is	1686
guilty of a minor misdemeanor.	1687

(G) Whoever violates division (A) of section 4511.75 of the	1688
Revised Code may be fined an amount not to exceed five hundred	1689
dollars. A person who is issued a citation for a violation of	1690
division (A) of section 4511.75 of the Revised Code is not	1691
permitted to enter a written plea of guilty and waive the person's	1692
right to contest the citation in a trial, but instead must appear	1693
in person in the proper court to answer the charge.	1694

(H)(1) Whoever is a resident of this state and violates	1695
division (A) or (B) of section 4511.81 of the Revised Code shall	1696
be punished as follows:	1697

(a) Except as otherwise provided in division (H)(1)(b) of	1698
this section, the offender is guilty of a minor misdemeanor.	1699

(b) If the offender previously has been convicted of or	1700
pleaded guilty to a violation of division (A) or (B) of section	1701
4511.81 of the Revised Code or of a municipal ordinance that is	1702
substantially similar to either of those divisions, the offender	1703
is guilty of a misdemeanor of the fourth degree.	1704

(2) Whoever is not a resident of this state, violates	1705
division (A) or (B) of section 4511.81 of the Revised Code, and	1706
fails to prove by a preponderance of the evidence that the	1707
offender's use or nonuse of a child restraint system was in	1708
accordance with the law of the state of which the offender is a	1709
resident is guilty of a minor misdemeanor on a first offense; on a	1710
second or subsequent offense, that person is guilty of a	1711
misdemeanor of the fourth degree.	1712

(3) All fines imposed pursuant to division (H)(1) or (2) of	1713
this section shall be forwarded to the treasurer of state for	1714
deposit in the "child highway safety fund" created by division (G)	1715
of section 4511.81 of the Revised Code.	1716

(I) Whoever violates section 4511.202 of the Revised Code is	1717
guilty of operating a motor vehicle without being in control of	1718
it, a minor misdemeanor.	1719

(J) Whoever violates division (B) of section 4511.74,	1720
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of	1721
section 4511.83 of the Revised Code is guilty of a misdemeanor of	1722
the first degree.	1723

(K) Except as otherwise provided in this division, whoever	1724
violates division (E) of section 4511.11, division (A) or (C) of	1725
section 4511.17, or section 4511.18 of the Revised Code is guilty	1726
of a misdemeanor of the third degree. If a violation of division	1727
(A) or (C) of section 4511.17 of the Revised Code creates a risk	1728
of physical harm to any person, the offender is guilty of a	1729
misdemeanor of the first degree. A violation of division (A) or	1730
(C) of section 4511.17 of the Revised Code that causes serious	1731
physical harm to property that is owned, leased, or controlled by	1732
a state or local authority is a felony of the fifth degree.	1733

(L) Whoever violates division (H) of section 4511.69 of the	1734
Revised Code shall be punished as follows:	1735

(1) Except as otherwise provided in division (L)(2) of this	1736
section, the offender shall be issued a warning.	1737

(2) If the offender previously has been convicted of or	1738
pleaded guilty to a violation of division (H) of section 4511.69	1739
of the Revised Code or of a municipal ordinance that is	1740
substantially similar to that division, the offender shall not be	1741
issued a warning but shall be fined twenty-five dollars for each	1742
parking location that is not properly marked or whose markings are	1743
not properly maintained.	1744

(M) Whoever violates division (A)(1) or (2) of section	1745
4511.45 of the Revised Code is guilty of a misdemeanor of the	1746
fourth degree on a first offense; on a second offense within one	1747
year after the first offense, the person is guilty of a	1748
misdemeanor of the third degree; and on each subsequent offense	1749
within one year after the first offense, the person is guilty of a	1750
misdemeanor of the second degree.	1751

(N)(1) Whoever violates division (B) of section 4511.19 of	1752
the Revised Code is guilty of operating a motor vehicle after	1753
under-age alcohol consumption and shall be punished as follows:	1754

(a) Except as otherwise provided in division (N)(1)(b) of	1755
this section, the offender is guilty of a misdemeanor of the	1756
fourth degree.	1757

(b) The offender is guilty of a misdemeanor of the third	1758
degree if, within one year of the offense, the offender has been	1759
convicted of or pleaded guilty to any violation of the following:	1760

(i) Division (A) or (B) of section 4511.19 of the Revised	1761
Code;	1762

(ii) A municipal ordinance relating to operating a vehicle	1763
while under the influence of alcohol, a drug of abuse, or alcohol	1764
and a drug of abuse;	1765

(iii) A municipal ordinance relating to operating a vehicle	1766
with a prohibited concentration of alcohol in the blood, breath,	1767
or urine;	1768

(iv) Section 2903.04 of the Revised Code in a case in which	1769
the offender was subject to the sanctions described in division	1770
(D) of that section;	1771

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	1772
section 2903.08 of the Revised Code or a municipal ordinance that	1773
is substantially similar to either of those divisions;	1774

(vi) Division (A)(2), (3), or (4) of section 2903.06 or	1775
division (A)(2) of section 2903.08 of the Revised Code or a	1776
municipal ordinance that is substantially similar to any of those	1777
divisions, or former section 2903.07 of the Revised Code or a	1778
substantially similar municipal ordinance, in a case in which the	1779
jury or judge found that the offender was under the influence of	1780
alcohol, a drug of abuse, or alcohol and a drug of abuse;	1781

(vii) A statute of the United States or of any other state	1782
or a municipal ordinance of a municipal corporation located in any	1783
other state that is substantially similar to division (A) or (B)	1784
of section 4511.19 of the Revised Code.	1785

(2) In addition to or independent of all other penalties	1786
provided by law, the offender's driver's or commercial driver's	1787
license or permit or nonresident operating privilege shall be	1788
suspended in accordance with, and for the period of time specified	1789
in, division (E) of section 4507.16 of the Revised Code.	1790

(O) Whoever violates section 4511.62 of the Revised Code is	1791
guilty of a misdemeanor of the fourth degree.	1792

(P) Whoever violates division (F)(1)(a) or (b) of section	1793
4511.69 of the Revised Code is guilty of a misdemeanor and shall	1794
be fined not less than two hundred fifty nor more than five	1795
hundred dollars, but in no case shall an offender be sentenced to	1796
any term of imprisonment.	1797

Arrest or conviction for a violation of division (F)(1)(a) or	1798
(b) of section 4511.69 of the Revised Code does not constitute a	1799
criminal record and need not be reported by the person so arrested	1800
or convicted in response to any inquiries contained in any	1801
application for employment, license, or other right or privilege,	1802
or made in connection with the person's appearance as a witness.	1803

Every fine collected under this division shall be paid by the	1804
clerk of the court to the political subdivision in which the	1805
violation occurred. Except as provided in this division, the	1806
political subdivision shall use the fine moneys it receives under	1807
this division to pay the expenses it incurs in complying with the	1808
signage and notice requirements contained in division (E) of	1809
section 4511.69 of the Revised Code. The political subdivision	1810
may use up to fifty per cent of each fine it receives under this	1811
division to pay the costs of educational, advocacy, support, and	1812
assistive technology programs for persons with disabilities, and	1813
for public improvements within the political subdivision that	1814
benefit or assist persons with disabilities, if governmental	1815
agencies or nonprofit organizations offer the programs.	1816

(Q) Whoever violates section 4511.741 of the Revised Code is	1817
guilty of a felony of the fifth degree.	1818

Sec. 5579.11. (A) There is hereby created in the state	1819
treasury the highway, bridge, and overpass vandal fence fund	1820
consisting of fines imposed under section 2152.19 of the Revised	1821
Code. The department of transportation shall use the money in the	1822
fund to pay the cost of installing fences on highways, bridges,	1823
and overpasses that are part of the state highway system to	1824
prevent the dropping, throwing, hoisting, or transferring of	1825
objects from those locations.	1826

The department shall expend all such fines in the department	1827
of transportation district in which occurred the violation of	1828
section 4511.741 of the Revised Code or a substantially similar	1829
municipal ordinance that was the basis for the contempt of court	1830
charge that resulted in the imposition of the fine.	1831

Section 2. That existing sections 2151.28, 2151.35, 2152.19,	1832
2152.21, 2705.05, and 4511.99 of the Revised Code are hereby	1833
repealed.	1834

Section 3.  Section 2151.28 of the Revised Code is presented	1835
in this act as a composite of the section as amended by both Am.	1836
Sub. S.B. 179 and Sub. S.B. 218 of the 123rd General Assembly.	1837
Section 2151.35 of the Revised Code, scheduled to take effect	1838
January 1, 2002, is presented in this act as a composite of the	1839
section as amended by both Am. Sub. S.B. 179 and Sub. S.B. 218 of	1840
the 123rd General Assembly. The General Assembly, applying the	1841
principle stated in division (B) of section 1.52 of the Revised	1842
Code that amendments are to be harmonized if reasonably capable of	1843
simultaneous operation, finds that the composite is the resulting	1844
version of the section in effect prior to the effective date of	1845
the section as presented in this act.	1846

Section 4. There is hereby created the Highway, Bridge, and	1847
Overpass Vandal Fence Task Force, consisting of the Governor or	1848
the Governor's designee, one person appointed by the Director of	1849
Transportation, one person appointed by the Superintendent of the	1850
State Highway Patrol, one person appointed by the Buckeye State	1851
Sheriffs Association, one person appointed by the Ohio Association	1852
of Chiefs of Police, and three members of the public appointed by	1853
the Governor. The Governor or the Governor's designee shall be	1854
chairperson of the Task Force, and the Task Force members shall	1855
elect a vice-chairperson from among their members and appoint a	1856
secretary, who need not be a member of the Task Force. A vacancy	1857
shall be filled in the same manner as the original appointment.	1858
Members of the Task Force shall not receive a salary, but the	1859
three Task Force members the Governor appoints shall be reimbursed	1860
for the actual expenses they incur in performing their duties as	1861
Task Force members.	1862

The Task Force shall do all of the following:

1863

(A) Develop an awareness program with local law enforcement	1864
officials and the Ohio Department of Transportation relative to	1865
the problem of objects thrown from highways, bridges, and	1866
overpasses;	1867

(B) Review and evaluate the overall situation regarding	1868
objects thrown from highways, bridges, and overpasses, including	1869
the types and number of objects thrown yearly, the perpetrators	1870
involved, the locations within this state where such throwing has	1871
occurred, and any other aspects of this criminal activity the Task	1872
Force determines to be relevant and significant;	1873

(C) Facilitate communication between the Ohio Department of	1874
Transportation and law enforcement agencies by developing a	1875
central computer system to track these incidents;	1876

(D) Examine the value of the improved safety resulting from	1877
the installation of vandal fences on all bridges and overpasses on	1878
interstate freeways relative to the cost of such installation.	1879

The Task Force shall compile its findings and formulate	1880
recommendations and report these to a joint House of	1881
Representatives and Senate Transportation Committee not later than	1882
September 30, 2003. The joint committee shall consist of eight	1883
members, four from the Senate appointed by the President of the	1884
Senate and four from the House of Representatives appointed by the	1885
Speaker. After the Task Force presents its report, the Governor	1886
may declare the end to the existence of the Task Force or may	1887
declare that the Task Force will remain in existence for such	1888
additional time as the Governor determines necessary. If the	1889
Governor declares that the Task Force will remain in existence,	1890
the Task Force shall examine any issues relating to the throwing	1891
of objects from highways, bridges, and overpasses that the Task	1892
Force chooses to examine, until the Governor declares the end to	1893
the existence of the Task Force.	1894