As Introduced

125th General Assembly Regular Session 2003-2004

H. B. No. 163

Representatives Oelslager, Olman, Hagan, Raussen, Williams, Barrett, D. Evans, C. Evans, Fessler, Latta, McGregor, Perry, Hollister 

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A BILL

To amend sections 2929.01, 2929.13, 2929.21, and

1

4511.99 and to enact sections 2941.1413 and

2

2941.1414 of the Revised Code to provide an

3

additional prison term or term of imprisonment for

4

certain repeat OMVI or OMVUAC offenders and to

5

maintain the provisions of this act on and after

6

January 1, 2004, by amending the versions of

7

sections 2929.01, 2929.13, and 4511.19 of the

8

Revised Code that take effect on that date.

9

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

Section 1. That sections 2929.01, 2929.13, 2929.21, and	10
4511.99 be amended and sections 2941.1413 and 2941.1414 of the	11
Revised Code be enacted to read as follows:	12

Sec. 2929.01.  As used in this chapter:

13

(A)(1) "Alternative residential facility" means, subject to	14
division (A)(2) of this section, any facility other than an	15
offender's home or residence in which an offender is assigned to	16
live and that satisfies all of the following criteria:	17

(a) It provides programs through which the offender may seek	18
or maintain employment or may receive education, training,	19
treatment, or habilitation.	20

(b) It has received the appropriate license or certificate	21
for any specialized education, training, treatment, habilitation,	22
or other service that it provides from the government agency that	23
is responsible for licensing or certifying that type of education,	24
training, treatment, habilitation, or service.	25

(2) "Alternative residential facility" does not include a	26
community-based correctional facility, jail, halfway house, or	27
prison.	28

(B) "Bad time" means the time by which the parole board	29
administratively extends an offender's stated prison term or terms	30
pursuant to section 2967.11 of the Revised Code because the parole	31
board finds by clear and convincing evidence that the offender,	32
while serving the prison term or terms, committed an act that is a	33
criminal offense under the law of this state or the United States,	34
whether or not the offender is prosecuted for the commission of	35
that act.	36

(C) "Basic probation supervision" means a requirement that	37
the offender maintain contact with a person appointed to supervise	38
the offender in accordance with sanctions imposed by the court or	39
imposed by the parole board pursuant to section 2967.28 of the	40
Revised Code. "Basic probation supervision" includes basic parole	41
supervision and basic post-release control supervision.	42

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	43
"unit dose" have the same meanings as in section 2925.01 of the	44
Revised Code.	45

(E) "Community-based correctional facility" means a	46
community-based correctional facility and program or district	47
community-based correctional facility and program developed	48
pursuant to sections 2301.51 to 2301.56 of the Revised Code.	49

(F) "Community control sanction" means a sanction that is not	50
a prison term and that is described in section 2929.15, 2929.16,	51
2929.17, or 2929.18 of the Revised Code.	52

(G) "Controlled substance," "marihuana," "schedule I," and	53
"schedule II" have the same meanings as in section 3719.01 of the	54
Revised Code.	55

(H) "Curfew" means a requirement that an offender during a	56
specified period of time be at a designated place.	57

(I) "Day reporting" means a sanction pursuant to which an	58
offender is required each day to report to and leave a center or	59
other approved reporting location at specified times in order to	60
participate in work, education or training, treatment, and other	61
approved programs at the center or outside the center.	62

(J) "Deadly weapon" has the same meaning as in section	63
2923.11 of the Revised Code.	64

(K) "Drug and alcohol use monitoring" means a program under	65
which an offender agrees to submit to random chemical analysis of	66
the offender's blood, breath, or urine to determine whether the	67
offender has ingested any alcohol or other drugs.	68

(L) "Drug treatment program" means any program under which a	69
person undergoes assessment and treatment designed to reduce or	70
completely eliminate the person's physical or emotional reliance	71
upon alcohol, another drug, or alcohol and another drug and under	72
which the person may be required to receive assessment and	73
treatment on an outpatient basis or may be required to reside at a	74
facility other than the person's home or residence while	75
undergoing assessment and treatment.	76

(M) "Economic loss" means any economic detriment suffered by	77
a victim as a result of the commission of a felony and includes	78
any loss of income due to lost time at work because of any injury	79
caused to the victim, and any property loss, medical cost, or	80
funeral expense incurred as a result of the commission of the	81
felony.	82

(N) "Education or training" includes study at, or in	83
conjunction with a program offered by, a university, college, or	84
technical college or vocational study and also includes the	85
completion of primary school, secondary school, and literacy	86
curricula or their equivalent.	87

(O) "Electronically monitored house arrest" has the same	88
meaning as in section 2929.23 of the Revised Code.	89

(P) "Eligible offender" has the same meaning as in section	90
2929.23 of the Revised Code except as otherwise specified in	91
section 2929.20 of the Revised Code.	92

(Q) "Firearm" has the same meaning as in section 2923.11 of	93
the Revised Code.	94

(R) "Halfway house" means a facility licensed by the division	95
of parole and community services of the department of	96
rehabilitation and correction pursuant to section 2967.14 of the	97
Revised Code as a suitable facility for the care and treatment of	98
adult offenders.	99

(S) "House arrest" means a period of confinement of an	100
eligible offender that is in the eligible offender's home or in	101
other premises specified by the sentencing court or by the parole	102
board pursuant to section 2967.28 of the Revised Code, that may be	103
electronically monitored house arrest, and during which all of the	104
following apply:	105

(1) The eligible offender is required to remain in the	106
eligible offender's home or other specified premises for the	107
specified period of confinement, except for periods of time during	108
which the eligible offender is at the eligible offender's place of	109
employment or at other premises as authorized by the sentencing	110
court or by the parole board.	111

(2) The eligible offender is required to report periodically	112
to a person designated by the court or parole board.	113

(3) The eligible offender is subject to any other	114
restrictions and requirements that may be imposed by the	115
sentencing court or by the parole board.	116

(T) "Intensive probation supervision" means a requirement	117
that an offender maintain frequent contact with a person appointed	118
by the court, or by the parole board pursuant to section 2967.28	119
of the Revised Code, to supervise the offender while the offender	120
is seeking or maintaining necessary employment and participating	121
in training, education, and treatment programs as required in the	122
court's or parole board's order. "Intensive probation supervision"	123
includes intensive parole supervision and intensive post-release	124
control supervision.	125

(U) "Jail" means a jail, workhouse, minimum security jail, or	126
other residential facility used for the confinement of alleged or	127
convicted offenders that is operated by a political subdivision or	128
a combination of political subdivisions of this state.	129

(V) "Delinquent child" has the same meaning as in section	130
2152.02 of the Revised Code.	131

(W) "License violation report" means a report that is made by	132
a sentencing court, or by the parole board pursuant to section	133
2967.28 of the Revised Code, to the regulatory or licensing board	134
or agency that issued an offender a professional license or a	135
license or permit to do business in this state and that specifies	136
that the offender has been convicted of or pleaded guilty to an	137
offense that may violate the conditions under which the offender's	138
professional license or license or permit to do business in this	139
state was granted or an offense for which the offender's	140
professional license or license or permit to do business in this	141
state may be revoked or suspended.	142

(X) "Major drug offender" means an offender who is convicted	143
of or pleads guilty to the possession of, sale of, or offer to	144
sell any drug, compound, mixture, preparation, or substance that	145
consists of or contains at least one thousand grams of hashish; at	146
least one hundred grams of crack cocaine; at least one thousand	147
grams of cocaine that is not crack cocaine; at least two thousand	148
five hundred unit doses or two hundred fifty grams of heroin; at	149
least five thousand unit doses of L.S.D. or five hundred grams of	150
L.S.D. in a liquid concentrate, liquid extract, or liquid	151
distillate form; or at least one hundred times the amount of any	152
other schedule I or II controlled substance other than marihuana	153
that is necessary to commit a felony of the third degree pursuant	154
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	155
Code that is based on the possession of, sale of, or offer to sell	156
the controlled substance.	157

(Y) "Mandatory prison term" means any of the following:

158

(1) Subject to division (Y)(2) of this section, the term in	159
prison that must be imposed for the offenses or circumstances set	160
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and	161
division (D) of section 2929.14 of the Revised Code. Except as	162
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and	163
2925.11 of the Revised Code, unless the maximum or another	164
specific term is required under section 2929.14 of the Revised	165
Code, a mandatory prison term described in this division may be	166
any prison term authorized for the level of offense.	167

(2) The term of sixty or one hundred twenty days in prison	168
that a sentencing court is required to impose for a third or	169
fourth degree felony OMVI offense pursuant to division (G)(2) of	170
section 2929.13 and division (A)(4) or (8) of section 4511.99 of	171
the Revised Code or the term of one, two, three, four, or five	172
years in prison that a sentencing court is required to impose	173
pursuant to division (G)(2) of section 2929.13 of the Revised	174
Code.	175

(3) The term in prison imposed pursuant to section 2971.03 of	176
the Revised Code for the offenses and in the circumstances	177
described in division (F)(11) of section 2929.13 of the Revised	178
Code and that term as modified or terminated pursuant to section	179
2971.05 of the Revised Code.	180

(Z) "Monitored time" means a period of time during which an	181
offender continues to be under the control of the sentencing court	182
or parole board, subject to no conditions other than leading a	183
law-abiding life.	184

(AA) "Offender" means a person who, in this state, is	185
convicted of or pleads guilty to a felony or a misdemeanor.	186

(BB) "Prison" means a residential facility used for the	187
confinement of convicted felony offenders that is under the	188
control of the department of rehabilitation and correction but	189
does not include a violation sanction center operated under	190
authority of section 2967.141 of the Revised Code.	191

(CC) "Prison term" includes any of the following sanctions	192
for an offender:	193

(1) A stated prison term;

194

(2) A term in a prison shortened by, or with the approval of,	195
the sentencing court pursuant to section 2929.20, 2967.26,	196
5120.031, 5120.032, or 5120.073 of the Revised Code;	197

(3) A term in prison extended by bad time imposed pursuant to	198
section 2967.11 of the Revised Code or imposed for a violation of	199
post-release control pursuant to section 2967.28 of the Revised	200
Code.	201

(DD) "Repeat violent offender" means a person about whom both	202
of the following apply:	203

(1) The person has been convicted of or has pleaded guilty	204
to, and is being sentenced for committing, for complicity in	205
committing, or for an attempt to commit, aggravated murder,	206
murder, involuntary manslaughter, a felony of the first degree	207
other than one set forth in Chapter 2925. of the Revised Code, a	208
felony of the first degree set forth in Chapter 2925. of the	209
Revised Code that involved an attempt to cause serious physical	210
harm to a person or that resulted in serious physical harm to a	211
person, or a felony of the second degree that involved an attempt	212
to cause serious physical harm to a person or that resulted in	213
serious physical harm to a person.	214

(2) Either of the following applies:

215

(a) The person previously was convicted of or pleaded guilty	216
to, and previously served or, at the time of the offense was	217
serving, a prison term for, any of the following:	218

(i) Aggravated murder, murder, involuntary manslaughter,	219
rape, felonious sexual penetration as it existed under section	220
2907.12 of the Revised Code prior to September 3, 1996, a felony	221
of the first or second degree that resulted in the death of a	222
person or in physical harm to a person, or complicity in or an	223
attempt to commit any of those offenses;	224

(ii) An offense under an existing or former law of this	225
state, another state, or the United States that is or was	226
substantially equivalent to an offense listed under division	227
(DD)(2)(a)(i) of this section and that resulted in the death of a	228
person or in physical harm to a person.	229

(b) The person previously was adjudicated a delinquent child	230
for committing an act that if committed by an adult would have	231
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	232
section, the person was committed to the department of youth	233
services for that delinquent act.	234

(EE) "Sanction" means any penalty imposed upon an offender	235
who is convicted of or pleads guilty to an offense, as punishment	236
for the offense. "Sanction" includes any sanction imposed pursuant	237
to any provision of sections 2929.14 to 2929.18 of the Revised	238
Code.	239

(FF) "Sentence" means the sanction or combination of	240
sanctions imposed by the sentencing court on an offender who is	241
convicted of or pleads guilty to a felony.	242

(GG) "Stated prison term" means the prison term, mandatory	243
prison term, or combination of all prison terms and mandatory	244
prison terms imposed by the sentencing court pursuant to section	245
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	246
includes any credit received by the offender for time spent in	247
jail awaiting trial, sentencing, or transfer to prison for the	248
offense and any time spent under house arrest or electronically	249
monitored house arrest imposed after earning credits pursuant to	250
section 2967.193 of the Revised Code.	251

(HH) "Victim-offender mediation" means a reconciliation or	252
mediation program that involves an offender and the victim of the	253
offense committed by the offender and that includes a meeting in	254
which the offender and the victim may discuss the offense, discuss	255
restitution, and consider other sanctions for the offense.	256

(II) "Fourth degree felony OMVI offense" means a violation of	257
division (A) of section 4511.19 of the Revised Code that, under	258
section 4511.99 of the Revised Code, is a felony of the fourth	259
degree.	260

(JJ) "Mandatory term of local incarceration" means the term	261
of sixty or one hundred twenty days in a jail, a community-based	262
correctional facility, a halfway house, or an alternative	263
residential facility that a sentencing court may impose upon a	264
person who is convicted of or pleads guilty to a fourth degree	265
felony OMVI offense pursuant to division (G)(1) of section 2929.13	266
of the Revised Code and division (A)(4) or (8) of section 4511.99	267
of the Revised Code.	268

(KK) "Designated homicide, assault, or kidnapping offense,"	269
"sexual motivation specification," "sexually violent offense,"	270
"sexually violent predator," and "sexually violent predator	271
specification" have the same meanings as in section 2971.01 of the	272
Revised Code.	273

(LL) "Habitual sex offender," "sexually oriented offense,"	274
and "sexual predator" have the same meanings as in section 2950.01	275
of the Revised Code.	276

(MM) An offense is "committed in the vicinity of a child" if	277
the offender commits the offense within thirty feet of or within	278
the same residential unit as a child who is under eighteen years	279
of age, regardless of whether the offender knows the age of the	280
child or whether the offender knows the offense is being committed	281
within thirty feet of or within the same residential unit as the	282
child and regardless of whether the child actually views the	283
commission of the offense.	284

(NN) "Family or household member" has the same meaning as in	285
section 2919.25 of the Revised Code.	286

(OO) "Motor vehicle" and "manufactured home" have the same	287
meanings as in section 4501.01 of the Revised Code.	288

(PP) "Detention" and "detention facility" have the same	289
meanings as in section 2921.01 of the Revised Code.	290

(QQ) "Third degree felony OMVI offense" means a violation of	291
division (A) of section 4511.19 of the Revised Code that, under	292
section 4511.99 of the Revised Code, is a felony of the third	293
degree.	294

(RR) "Random drug testing" has the same meaning as in section	295
5120.63 of the Revised Code.	296

(SS) "Felony sex offense" has the same meaning as in section	297
2957.28 of the Revised Code.	298

(TT) "Body armor" has the same meaning as in section	299
2941.1411 of the Revised Code.	300

Sec. 2929.13.  (A) Except as provided in division (E), (F),	301
or (G) of this section and unless a specific sanction is required	302
to be imposed or is precluded from being imposed pursuant to law,	303
a court that imposes a sentence upon an offender for a felony may	304
impose any sanction or combination of sanctions on the offender	305
that are provided in sections 2929.14 to 2929.18 of the Revised	306
Code. The sentence shall not impose an unnecessary burden on state	307
or local government resources.	308

If the offender is eligible to be sentenced to community	309
control sanctions, the court shall consider the appropriateness of	310
imposing a financial sanction pursuant to section 2929.18 of the	311
Revised Code or a sanction of community service pursuant to	312
section 2929.17 of the Revised Code as the sole sanction for the	313
offense. Except as otherwise provided in this division, if the	314
court is required to impose a mandatory prison term for the	315
offense for which sentence is being imposed, the court also may	316
impose a financial sanction pursuant to section 2929.18 of the	317
Revised Code but may not impose any additional sanction or	318
combination of sanctions under section 2929.16 or 2929.17 of the	319
Revised Code.	320

If the offender is being sentenced for a fourth degree felony	321
OMVI offense or for a third degree felony OMVI offense, in	322
addition to the mandatory term of local incarceration or the	323
mandatory prison term required for the offense by division (G)(1)	324
or (2) of this section, the court shall impose upon the offender a	325
mandatory fine in accordance with division (B)(3) of section	326
2929.18 of the Revised Code and may impose whichever of the	327
following is applicable:	328

(1) For a fourth degree felony OMVI offense for which	329
sentence is imposed under division (G)(1) of this section, an	330
additional community control sanction or combination of community	331
control sanctions under section 2929.16 or 2929.17 of the Revised	332
Code;	333

(2) For a third or fourth degree felony OMVI offense for	334
which sentence is imposed under division (G)(2) of this section,	335
an additional prison term as described in division (D)(4) of	336
section 2929.14 of the Revised Code.	337

(B)(1) Except as provided in division (B)(2), (E), (F), or	338
(G) of this section, in sentencing an offender for a felony of the	339
fourth or fifth degree, the sentencing court shall determine	340
whether any of the following apply:	341

(a) In committing the offense, the offender caused physical	342
harm to a person.	343

(b) In committing the offense, the offender attempted to	344
cause or made an actual threat of physical harm to a person with a	345
deadly weapon.	346

(c) In committing the offense, the offender attempted to	347
cause or made an actual threat of physical harm to a person, and	348
the offender previously was convicted of an offense that caused	349
physical harm to a person.	350

(d) The offender held a public office or position of trust	351
and the offense related to that office or position; the offender's	352
position obliged the offender to prevent the offense or to bring	353
those committing it to justice; or the offender's professional	354
reputation or position facilitated the offense or was likely to	355
influence the future conduct of others.	356

(e) The offender committed the offense for hire or as part of	357
an organized criminal activity.	358

(f) The offense is a sex offense that is a fourth or fifth	359
degree felony violation of section 2907.03, 2907.04, 2907.05,	360
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	361
Revised Code.	362

(g) The offender at the time of the offense was serving, or	363
the offender previously had served, a prison term.	364

(h) The offender committed the offense while under a	365
community control sanction, while on probation, or while released	366
from custody on a bond or personal recognizance.	367

(i) The offender committed the offense while in possession of	368
a firearm.	369

(2)(a) If the court makes a finding described in division	370
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	371
section and if the court, after considering the factors set forth	372
in section 2929.12 of the Revised Code, finds that a prison term	373
is consistent with the purposes and principles of sentencing set	374
forth in section 2929.11 of the Revised Code and finds that the	375
offender is not amenable to an available community control	376
sanction, the court shall impose a prison term upon the offender.	377

(b) Except as provided in division (E), (F), or (G) of this	378
section, if the court does not make a finding described in	379
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	380
this section and if the court, after considering the factors set	381
forth in section 2929.12 of the Revised Code, finds that a	382
community control sanction or combination of community control	383
sanctions is consistent with the purposes and principles of	384
sentencing set forth in section 2929.11 of the Revised Code, the	385
court shall impose a community control sanction or combination of	386
community control sanctions upon the offender.	387

(C) Except as provided in division (E), (F), or (G) of this	388
section, in determining whether to impose a prison term as a	389
sanction for a felony of the third degree or a felony drug offense	390
that is a violation of a provision of Chapter 2925. of the Revised	391
Code and that is specified as being subject to this division for	392
purposes of sentencing, the sentencing court shall comply with the	393
purposes and principles of sentencing under section 2929.11 of the	394
Revised Code and with section 2929.12 of the Revised Code.	395

(D) Except as provided in division (E) or (F) of this	396
section, for a felony of the first or second degree and for a	397
felony drug offense that is a violation of any provision of	398
Chapter 2925., 3719., or 4729. of the Revised Code for which a	399
presumption in favor of a prison term is specified as being	400
applicable, it is presumed that a prison term is necessary in	401
order to comply with the purposes and principles of sentencing	402
under section 2929.11 of the Revised Code. Notwithstanding the	403
presumption established under this division, the sentencing court	404
may impose a community control sanction or a combination of	405
community control sanctions instead of a prison term on an	406
offender for a felony of the first or second degree or for a	407
felony drug offense that is a violation of any provision of	408
Chapter 2925., 3719., or 4729. of the Revised Code for which a	409
presumption in favor of a prison term is specified as being	410
applicable if it makes both of the following findings:	411

(1) A community control sanction or a combination of	412
community control sanctions would adequately punish the offender	413
and protect the public from future crime, because the applicable	414
factors under section 2929.12 of the Revised Code indicating a	415
lesser likelihood of recidivism outweigh the applicable factors	416
under that section indicating a greater likelihood of recidivism.	417

(2) A community control sanction or a combination of	418
community control sanctions would not demean the seriousness of	419
the offense, because one or more factors under section 2929.12 of	420
the Revised Code that indicate that the offender's conduct was	421
less serious than conduct normally constituting the offense are	422
applicable, and they outweigh the applicable factors under that	423
section that indicate that the offender's conduct was more serious	424
than conduct normally constituting the offense.	425

(E)(1) Except as provided in division (F) of this section,	426
for any drug offense that is a violation of any provision of	427
Chapter 2925. of the Revised Code and that is a felony of the	428
third, fourth, or fifth degree, the applicability of a presumption	429
under division (D) of this section in favor of a prison term or of	430
division (B) or (C) of this section in determining whether to	431
impose a prison term for the offense shall be determined as	432
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	433
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	434
Revised Code, whichever is applicable regarding the violation.	435

(2) If an offender who was convicted of or pleaded guilty to	436
a felony violates the conditions of a community control sanction	437
imposed for the offense solely by reason of producing positive	438
results on a drug test, the court, as punishment for the violation	439
of the sanction, shall not order that the offender be imprisoned	440
unless the court determines on the record either of the following:	441

(a) The offender had been ordered as a sanction for the	442
felony to participate in a drug treatment program, in a drug	443
education program, or in narcotics anonymous or a similar program,	444
and the offender continued to use illegal drugs after a reasonable	445
period of participation in the program.	446

(b) The imprisonment of the offender for the violation is	447
consistent with the purposes and principles of sentencing set	448
forth in section 2929.11 of the Revised Code.	449

(F) Notwithstanding divisions (A) to (E) of this section, the	450
court shall impose a prison term or terms under sections 2929.02	451
to 2929.06, section 2929.14, or section 2971.03 of the Revised	452
Code and except as specifically provided in section 2929.20 or	453
2967.191 of the Revised Code or when parole is authorized for the	454
offense under section 2967.13 of the Revised Code shall not reduce	455
the terms pursuant to section 2929.20, section 2967.193, or any	456
other provision of Chapter 2967. or Chapter 5120. of the Revised	457
Code for any of the following offenses:	458

(1) Aggravated murder when death is not imposed or murder;

459

(2) Any rape, regardless of whether force was involved and	460
regardless of the age of the victim, or an attempt to commit rape	461
if, had the offender completed the rape that was attempted, the	462
offender would have been subject to a sentence of life	463
imprisonment or life imprisonment without parole for the rape;	464

(3) Gross sexual imposition or sexual battery, if the victim	465
is under thirteen years of age, if the offender previously was	466
convicted of or pleaded guilty to rape, the former offense of	467
felonious sexual penetration, gross sexual imposition, or sexual	468
battery, and if the victim of the previous offense was under	469
thirteen years of age;	470

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	471
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	472
requires the imposition of a prison term;	473

(5) A first, second, or third degree felony drug offense for	474
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	475
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	476
4729.99 of the Revised Code, whichever is applicable regarding the	477
violation, requires the imposition of a mandatory prison term;	478

(6) Any offense that is a first or second degree felony and	479
that is not set forth in division (F)(1), (2), (3), or (4) of this	480
section, if the offender previously was convicted of or pleaded	481
guilty to aggravated murder, murder, any first or second degree	482
felony, or an offense under an existing or former law of this	483
state, another state, or the United States that is or was	484
substantially equivalent to one of those offenses;	485

(7) Any offense that is a third degree felony and that is	486
listed in division (DD)(1) of section 2929.01 of the Revised Code	487
if the offender previously was convicted of or pleaded guilty to	488
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	489
section 2929.01 of the Revised Code;	490

(8) Any offense, other than a violation of section 2923.12 of	491
the Revised Code, that is a felony, if the offender had a firearm	492
on or about the offender's person or under the offender's control	493
while committing the felony, with respect to a portion of the	494
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	495
of the Revised Code for having the firearm;	496

(9) Any offense of violence that is a felony, if the offender	497
wore or carried body armor while committing the felony offense of	498
violence, with respect to the portion of the sentence imposed	499
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	500
Code for wearing or carrying the body armor;	501

(10) Corrupt activity in violation of section 2923.32 of the	502
Revised Code when the most serious offense in the pattern of	503
corrupt activity that is the basis of the offense is a felony of	504
the first degree;	505

(11) Any sexually violent offense for which the offender also	506
is convicted of or pleads guilty to a sexually violent predator	507
specification that was included in the indictment, count in the	508
indictment, or information charging the sexually violent offense;	509

(12) A violation of division (A)(1) or (2) of section 2921.36	510
of the Revised Code, or a violation of division (C) of that	511
section involving an item listed in division (A)(1) or (2) of that	512
section, if the offender is an officer or employee of the	513
department of rehabilitation and correction.	514

(G) Notwithstanding divisions (A) to (E) of this section, if	515
an offender is being sentenced for a fourth degree felony OMVI	516
offense or for a third degree felony OMVI offense, the court shall	517
impose upon the offender a mandatory term of local incarceration	518
or a mandatory prison term in accordance with the following:	519

(1) If the offender is being sentenced for a fourth degree	520
felony OMVI offense and if the offender has not pleaded guilty to	521
and has not been convicted of a specification of the type	522
described in section 2941.1413 of the Revised Code, the court may	523
impose upon the offender a mandatory term of local incarceration	524
of sixty days as specified in division (A)(4) of section 4511.99	525
of the Revised Code or a mandatory term of local incarceration of	526
one hundred twenty days as specified in division (A)(8) of that	527
section. The court shall not reduce the term pursuant to section	528
2929.20, 2967.193, or any other provision of the Revised Code. The	529
court that imposes a mandatory term of local incarceration under	530
this division shall specify whether the term is to be served in a	531
jail, a community-based correctional facility, a halfway house, or	532
an alternative residential facility, and the offender shall serve	533
the term in the type of facility specified by the court. A	534
mandatory term of local incarceration imposed under division	535
(G)(1) of this section is not subject to extension under section	536
2967.11 of the Revised Code, to a period of post-release control	537
under section 2967.28 of the Revised Code, or to any other Revised	538
Code provision that pertains to a prison term.	539

(2) If the offender is being sentenced for a third degree	540
felony OMVI offense, or if the offender is being sentenced for a	541
fourth degree felony OMVI offense and the court does not impose a	542
mandatory term of local incarceration under division (G)(1) of	543
this section, the court shall impose upon the offender a mandatory	544
prison term of one, two, three, four, or five years if the	545
offender also pleads guilty to or also is convicted of a	546
specification of the type described in section 2941.1413 of the	547
Revised Code or shall impose upon the offender a mandatory prison	548
term of sixty days as specified in division (A)(4) of section	549
4511.99 of the Revised Code or a mandatory prison term of one	550
hundred twenty days as specified in division (A)(8) of that	551
section if the offender has not pleaded guilty to and has not been	552
convicted of a specification of that type. The court shall not	553
reduce the term pursuant to section 2929.20, 2967.193, or any	554
other provision of the Revised Code. The offender shall serve the	555
one-, two-, three-, four-, or five-year mandatory prison term	556
consecutively to and prior to the prison term imposed for the	557
underlying offense and consecutively to any other mandatory prison	558
term imposed in relation to the offense. In no case shall an	559
offender who once has been sentenced to a mandatory term of local	560
incarceration pursuant to division (G)(1) of this section for a	561
fourth degree felony OMVI offense be sentenced to another	562
mandatory term of local incarceration under that division for any	563
violation of division (A) of section 4511.19 of the Revised Code.	564
The court shall not sentence the offender to a community control	565
sanction under section 2929.16 or 2929.17 of the Revised Code. The	566
department of rehabilitation and correction may place an offender	567
sentenced to a mandatory prison term under this division in an	568
intensive program prison established pursuant to section 5120.033	569
of the Revised Code if the department gave the sentencing judge	570
prior notice of its intent to place the offender in an intensive	571
program prison established under that section and if the judge did	572
not notify the department that the judge disapproved the	573
placement. Upon the establishment of the initial intensive program	574
prison pursuant to section 5120.033 of the Revised Code that is	575
privately operated and managed by a contractor pursuant to a	576
contract entered into under section 9.06 of the Revised Code, both	577
of the following apply:	578

(a) The department of rehabilitation and correction shall	579
make a reasonable effort to ensure that a sufficient number of	580
offenders sentenced to a mandatory prison term under this division	581
are placed in the privately operated and managed prison so that	582
the privately operated and managed prison has full occupancy.	583

(b) Unless the privately operated and managed prison has full	584
occupancy, the department of rehabilitation and correction shall	585
not place any offender sentenced to a mandatory prison term under	586
this division in any intensive program prison established pursuant	587
to section 5120.033 of the Revised Code other than the privately	588
operated and managed prison.	589

(H) If an offender is being sentenced for a sexually oriented	590
offense committed on or after January 1, 1997, the judge shall	591
require the offender to submit to a DNA specimen collection	592
procedure pursuant to section 2901.07 of the Revised Code if	593
either of the following applies:	594

(1) The offense was a sexually violent offense, and the	595
offender also was convicted of or pleaded guilty to a sexually	596
violent predator specification that was included in the	597
indictment, count in the indictment, or information charging the	598
sexually violent offense.	599

(2) The judge imposing sentence for the sexually oriented	600
offense determines pursuant to division (B) of section 2950.09 of	601
the Revised Code that the offender is a sexual predator.	602

(I) If an offender is being sentenced for a sexually oriented	603
offense committed on or after January 1, 1997, the judge shall	604
include in the sentence a summary of the offender's duty to	605
register pursuant to section 2950.04 of the Revised Code, the	606
offender's duty to provide notice of a change in residence address	607
and register the new residence address pursuant to section 2950.05	608
of the Revised Code, the offender's duty to periodically verify	609
the offender's current residence address pursuant to section	610
2950.06 of the Revised Code, and the duration of the duties. The	611
judge shall inform the offender, at the time of sentencing, of	612
those duties and of their duration and, if required under division	613
(A)(2) of section 2950.03 of the Revised Code, shall perform the	614
duties specified in that section.	615

(J)(1) Except as provided in division (J)(2) of this section,	616
when considering sentencing factors under this section in relation	617
to an offender who is convicted of or pleads guilty to an attempt	618
to commit an offense in violation of section 2923.02 of the	619
Revised Code, the sentencing court shall consider the factors	620
applicable to the felony category of the violation of section	621
2923.02 of the Revised Code instead of the factors applicable to	622
the felony category of the offense attempted.	623

(2) When considering sentencing factors under this section in	624
relation to an offender who is convicted of or pleads guilty to an	625
attempt to commit a drug abuse offense for which the penalty is	626
determined by the amount or number of unit doses of the controlled	627
substance involved in the drug abuse offense, the sentencing court	628
shall consider the factors applicable to the felony category that	629
the drug abuse offense attempted would be if that drug abuse	630
offense had been committed and had involved an amount or number of	631
unit doses of the controlled substance that is within the next	632
lower range of controlled substance amounts than was involved in	633
the attempt.	634

(K) As used in this section, "drug abuse offense" has the	635
same meaning as in section 2925.01 of the Revised Code.	636

Sec. 2929.21.  (A) Except as provided in division (G) of this	637
section or in section 2929.23 of the Revised Code, whoever is	638
convicted of or pleads guilty to a misdemeanor other than a minor	639
misdemeanor shall be imprisoned for a definite term or fined, or	640
both, which term of imprisonment and fine shall be fixed by the	641
court as provided in this section.	642

Whoever is convicted of or pleads guilty to committing,	643
attempting to commit, or complicity in committing a violation of	644
section 2909.03 of the Revised Code that is a misdemeanor, or a	645
violation of division (A)(2) of section 2909.06 of the Revised	646
Code when the means used are fire or explosion, shall be required	647
to reimburse agencies for their investigation or prosecution costs	648
in accordance with section 2929.28 of the Revised Code.	649

(B) Except as provided in division (G) of this section, terms	650
of imprisonment for misdemeanor shall be imposed as follows:	651

(1) For a misdemeanor of the first degree, not more than six	652
months;	653

(2) For a misdemeanor of the second degree, not more than	654
ninety days;	655

(3) For a misdemeanor of the third degree, not more than	656
sixty days;	657

(4) For a misdemeanor of the fourth degree, not more than	658
thirty days.	659

(C) Fines for misdemeanor shall be imposed as follows:

660

(1) For a misdemeanor of the first degree, not more than one	661
thousand dollars;	662

(2) For a misdemeanor of the second degree, not more than	663
seven hundred fifty dollars;	664

(3) For a misdemeanor of the third degree, not more than five	665
hundred dollars;	666

(4) For a misdemeanor of the fourth degree, not more than two	667
hundred fifty dollars.	668

(D) Whoever is convicted of or pleads guilty to a minor	669
misdemeanor shall be fined not more than one hundred dollars.	670

(E) The court may require a person who is convicted of or	671
pleads guilty to a misdemeanor to make restitution for all or part	672
of the property damage that is caused by the offense and for all	673
or part of the value of the property that is the subject of any	674
theft offense, as defined in division (K) of section 2913.01 of	675
the Revised Code, that the person committed. If the court	676
determines that the victim of the offense was sixty-five years of	677
age or older or permanently or totally disabled at the time of the	678
commission of the offense, the court, regardless of whether the	679
offender knew the age of victim, shall consider this fact in favor	680
of imposing restitution, but this fact shall not control the	681
decision of the court.	682

(F)(1) If a person is sentenced to a term of imprisonment	683
pursuant to this section and the term of imprisonment is to be	684
served in a county jail in a county that has established a county	685
jail industry program pursuant to section 5147.30 of the Revised	686
Code, the court shall specify, as part of the sentence, whether	687
the person may be considered by the county sheriff of that county	688
for participation in the county jail industry program. The court	689
shall retain jurisdiction to modify its specification made	690
pursuant to this division during the person's term of imprisonment	691
upon a reassessment of the person's qualifications for	692
participation in the program.	693

(2) If a person is sentenced to a term of imprisonment	694
pursuant to this section that is to be served in a local detention	695
facility, as defined in section 2929.35 of the Revised Code, the	696
court may impose as part of the sentence pursuant to section	697
2929.36 of the Revised Code a reimbursement sanction, and, if the	698
local detention facility is covered by a policy adopted pursuant	699
to section 307.93, 341.14, 341.19, 341.21, 341.23, 753.02, 753.04,	700
753.16, 2301.56, or 2947.19 of the Revised Code and section	701
2929.37 of the Revised Code, both of the following apply:	702

(a) The court shall specify both of the following as part of	703
the sentence:	704

(i) If the person is presented with an itemized bill pursuant	705
to section 2929.37 of the Revised Code for payment of the costs of	706
confinement, the person is required to pay the bill in accordance	707
with that section.	708

(ii) If the person does not dispute the bill described in	709
division (F)(2)(a)(i) of this section and does not pay the bill by	710
the times specified in section 2929.37 of the Revised Code, the	711
clerk of the court may issue a certificate of judgment against the	712
person as described in that section.	713

(b) The sentence automatically includes any certificate of	714
judgment issued as described in division (F)(2)(a)(ii) of this	715
section.	716

(G) If an offender is being sentenced for a sexually oriented	717
offense that is a misdemeanor committed on or after January 1,	718
1997, and if the judge imposing sentence for the sexually oriented	719
offense determines pursuant to division (B) of section 2950.09 of	720
the Revised Code that the offender is a sexual predator, the judge	721
shall include in the offender's sentence a statement that the	722
offender has been adjudicated as being a sexual predator, shall	723
comply with the requirements of section 2950.03 of the Revised	724
Code, and shall require the offender to submit to a DNA specimen	725
collection procedure pursuant to section 2901.07 of the Revised	726
Code.	727

(H) Before imposing sentence on an offender who is being	728
sentenced for a sexually oriented offense that is a misdemeanor	729
committed on or after January 1, 1997, the judge shall conduct a	730
hearing in accordance with division (B) of section 2950.09 of the	731
Revised Code to determine whether the offender is a sexual	732
predator. Before imposing sentence on an offender who is being	733
sentenced for a sexually oriented offense, the court also shall	734
comply with division (E) of section 2950.09 of the Revised Code.	735

(I) If an offender is being sentenced for a sexually oriented	736
offense that is a misdemeanor committed on or after January 1,	737
1997, the judge shall include in the sentence a summary of the	738
offender's duty to register pursuant to section 2950.04 of the	739
Revised Code, the offender's duty to provide notice of a change in	740
residence address and register the new residence address pursuant	741
to section 2950.05 of the Revised Code, the offender's duty to	742
periodically verify the offender's current residence address	743
pursuant to section 2950.06 of the Revised Code, and the duration	744
of the duties. The judge shall inform the offender, at the time of	745
sentencing, of those duties and of their duration and, if required	746
under division (A)(2) of section 2950.03 of the Revised Code,	747
shall perform the duties specified in that section.	748

(J) If an offender is convicted of or pleads guilty to a	749
violation of division (B) of section 4511.19 of the Revised Code	750
and also is convicted of or pleads guilty to a specification of	751
the type described in section 2941.1414 of the Revised Code, and	752
if the court imposes a term of imprisonment for the underlying	753
offense, the court shall impose upon the offender an additional	754
definite term of imprisonment of not more than six months. The	755
additional term of imprisonment shall not be reduced pursuant to	756
any provision of the Revised Code. The offender shall serve the	757
additional term of imprisonment consecutively to and prior to the	758
term of imprisonment imposed for the underlying offense and	759
consecutively to any other mandatory term imposed in relation to	760
the offense.	761

Sec. 2941.1413. (A) Imposition of a mandatory additional	762
prison term of one, two, three, four, or five years upon an	763
offender under division (G)(2) of section 2929.13 of the Revised	764
Code is precluded unless the indictment, count in the indictment,	765
or information charging a felony violation of division (A) of	766
section 4511.19 of the Revised Code specifies that the offender	767
previously has been convicted of or pleaded guilty to five or more	768
violations identified in division (A)(2) of section 4511.99 of the	769
Revised Code or, on and after January 1, 2004, to five or more	770
equivalent offenses. The specification shall be stated at the end	771
of the body of the indictment, count, or information and shall be	772
stated in substantially the following form:	773

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	774
Grand Jurors (or insert the person's or the prosecuting attorney's	775
name when appropriate) further find and specify that (set forth	776
that the offender, at the time the offender committed the offense,	777
previously had been convicted of or pleaded guilty to five or more	778
violations identified in division (A)(2) of section 4511.99 of the	779
Revised Code or, on and after January 1, 2004, to five or more	780
equivalent offenses)."	781

(B) On and after January 1, 2004, "equivalent offense" has	782
the same meaning as in section 4511.181 of the Revised Code.	783

Sec. 2941.1414. (A) Imposition of a mandatory, additional,	784
definite term of imprisonment of up to six months upon an offender	785
under division (J) of section 2929.21 of the Revised Code is	786
precluded unless the information charging a violation of division	787
(B) of section 4511.19 of the Revised Code specifies that the	788
offender previously has been convicted of or pleaded guilty to	789
five or more violations identified in division (N)(1)(b) of	790
section 4511.99 of the Revised Code or, on and after January 1,	791
2004, to five or more equivalent offenses. The specification shall	792
be stated at the end of the body of the information and shall be	793
stated in substantially the following form:	794

"SPECIFICATION. (Insert the person's or the prosecuting	795
attorney's name as appropriate) further finds and specifies that	796
(set forth that the offender, at the time the offender committed	797
the offense, previously had been convicted of or pleaded guilty to	798
five or more violations identified in division (N)(1)(b) of	799
section 4511.99 of the Revised Code or, on and after January 1,	800
2004, to five or more equivalent offenses)."	801

(B) On and after January 1, 2004, "equivalent offense" has	802
the same meaning as in section 4511.181 of the Revised Code.	803

Sec. 4511.99.  (A) Whoever violates division (A)(1), (2),	804
(3), or (4) of section 4511.19 of the Revised Code, in addition to	805
the license suspension or revocation provided in section 4507.16	806
of the Revised Code and any disqualification imposed under section	807
4506.16 of the Revised Code, shall be punished as provided in	808
division (A)(1), (2), (3), or (4) of this section. Whoever	809
violates division (A)(5), (6), or (7) of section 4511.19 of the	810
Revised Code, in addition to the license suspension or revocation	811
provided in section 4507.16 of the Revised Code and any	812
disqualification imposed under section 4506.16 of the Revised	813
Code, shall be punished as provided in division (A)(5), (6), (7),	814
or (8) of this section.	815

(1) Except as otherwise provided in division (A)(2), (3), or	816
(4) of this section, the offender is guilty of a misdemeanor of	817
the first degree and the court shall sentence the offender to a	818
term of imprisonment of three consecutive days and may sentence	819
the offender pursuant to section 2929.21 of the Revised Code to a	820
longer term of imprisonment. In addition, the court shall impose	821
upon the offender a fine of not less than two hundred fifty and	822
not more than one thousand dollars.	823

The court may suspend the execution of the mandatory three	824
consecutive days of imprisonment that it is required to impose by	825
this division, if the court, in lieu of the suspended term of	826
imprisonment, places the offender on probation and requires the	827
offender to attend, for three consecutive days, a drivers'	828
intervention program that is certified pursuant to section 3793.10	829
of the Revised Code. The court also may suspend the execution of	830
any part of the mandatory three consecutive days of imprisonment	831
that it is required to impose by this division, if the court	832
places the offender on probation for part of the three consecutive	833
days; requires the offender to attend, for that part of the three	834
consecutive days, a drivers' intervention program that is	835
certified pursuant to section 3793.10 of the Revised Code; and	836
sentences the offender to a term of imprisonment equal to the	837
remainder of the three consecutive days that the offender does not	838
spend attending the drivers' intervention program. The court may	839
require the offender, as a condition of probation, to attend and	840
satisfactorily complete any treatment or education programs that	841
comply with the minimum standards adopted pursuant to Chapter	842
3793. of the Revised Code by the director of alcohol and drug	843
addiction services, in addition to the required attendance at a	844
drivers' intervention program, that the operators of the drivers'	845
intervention program determine that the offender should attend and	846
to report periodically to the court on the offender's progress in	847
the programs. The court also may impose any other conditions of	848
probation on the offender that it considers necessary.	849

Of the fine imposed pursuant to this division, twenty-five	850
dollars shall be paid to an enforcement and education fund	851
established by the legislative authority of the law enforcement	852
agency in this state that primarily was responsible for the arrest	853
of the offender, as determined by the court that imposes the fine.	854
This share shall be used by the agency to pay only those costs it	855
incurs in enforcing section 4511.19 of the Revised Code or a	856
substantially similar municipal ordinance and in informing the	857
public of the laws governing the operation of a motor vehicle	858
while under the influence of alcohol, the dangers of operating a	859
motor vehicle while under the influence of alcohol, and other	860
information relating to the operation of a motor vehicle and the	861
consumption of alcoholic beverages. Fifty dollars of the fine	862
imposed pursuant to this division shall be paid to the political	863
subdivision that pays the cost of housing the offender during the	864
offender's term of incarceration to the credit of the fund that	865
pays the cost of the incarceration. If the offender was confined	866
as a result of the offense prior to being sentenced for the	867
offense but is not sentenced to a term of incarceration, the fifty	868
dollars shall be paid to the political subdivision that paid the	869
cost of housing the offender during that period of confinement.	870
The political subdivision shall use this share to pay or reimburse	871
incarceration or treatment costs it incurs in housing or providing	872
drug and alcohol treatment to persons who violate section 4511.19	873
of the Revised Code or a substantially similar municipal ordinance	874
and to pay for ignition interlock devices and electronic house	875
arrest equipment for persons who violate that section.	876
Twenty-five dollars of the fine imposed pursuant to this division	877
shall be deposited into the county indigent drivers alcohol	878
treatment fund or municipal indigent drivers alcohol treatment	879
fund under the control of that court, as created by the county or	880
municipal corporation pursuant to division (N) of section 4511.191	881
of the Revised Code. The balance of the fine shall be disbursed as	882
otherwise provided by law.	883

(2)(a) Except as otherwise provided in division (A)(4) of	884
this section, the offender is guilty of a misdemeanor of the first	885
degree, and, except as provided in this division, the court shall	886
sentence the offender to a term of imprisonment of ten consecutive	887
days and may sentence the offender pursuant to section 2929.21 of	888
the Revised Code to a longer term of imprisonment if, within six	889
years of the offense, the offender has been convicted of or	890
pleaded guilty to one violation of the following:	891

(i) Division (A) or (B) of section 4511.19 of the Revised	892
Code;	893

(ii) A municipal ordinance relating to operating a vehicle	894
while under the influence of alcohol, a drug of abuse, or alcohol	895
and a drug of abuse;	896

(iii) A municipal ordinance relating to operating a vehicle	897
with a prohibited concentration of alcohol in the blood, breath,	898
or urine;	899

(iv) Section 2903.04 of the Revised Code in a case in which	900
the offender was subject to the sanctions described in division	901
(D) of that section;	902

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	903
section 2903.08 of the Revised Code or a municipal ordinance that	904
is substantially similar to either of those divisions;	905

(vi) Division (A)(2), (3), or (4) of section 2903.06,	906
division (A)(2) of section 2903.08, or former section 2903.07 of	907
the Revised Code, or a municipal ordinance that is substantially	908
similar to any of those divisions or that former section, in a	909
case in which the jury or judge found that the offender was under	910
the influence of alcohol, a drug of abuse, or alcohol and a drug	911
of abuse;	912

(vii) A statute of the United States or of any other state or	913
a municipal ordinance of a municipal corporation located in any	914
other state that is substantially similar to division (A) or (B)	915
of section 4511.19 of the Revised Code.	916

As an alternative to the term of imprisonment required to be	917
imposed by this division, but subject to division (A)(12) of this	918
section, the court may impose upon the offender a sentence	919
consisting of both a term of imprisonment of five consecutive days	920
and not less than eighteen consecutive days of electronically	921
monitored house arrest as defined in division (A) of section	922
2929.23 of the Revised Code. The five consecutive days of	923
imprisonment and the period of electronically monitored house	924
arrest shall not exceed six months. The five consecutive days of	925
imprisonment do not have to be served prior to or consecutively	926
with the period of electronically monitored house arrest.	927

In addition, the court shall impose upon the offender a fine	928
of not less than three hundred fifty and not more than one	929
thousand five hundred dollars.	930

In addition to any other sentence that it imposes upon the	931
offender, the court may require the offender to attend a drivers'	932
intervention program that is certified pursuant to section 3793.10	933
of the Revised Code. If the officials of the drivers' intervention	934
program determine that the offender is alcohol dependent, they	935
shall notify the court, and the court shall order the offender to	936
obtain treatment through an alcohol and drug addiction program	937
authorized by section 3793.02 of the Revised Code. The cost of the	938
treatment shall be paid by the offender.	939

Of the fine imposed pursuant to this division, thirty-five	940
dollars shall be paid to an enforcement and education fund	941
established by the legislative authority of the law enforcement	942
agency in this state that primarily was responsible for the arrest	943
of the offender, as determined by the court that imposes the fine.	944
This share shall be used by the agency to pay only those costs it	945
incurs in enforcing section 4511.19 of the Revised Code or a	946
substantially similar municipal ordinance and in informing the	947
public of the laws governing the operation of a motor vehicle	948
while under the influence of alcohol, the dangers of operating a	949
motor vehicle while under the influence of alcohol, and other	950
information relating to the operation of a motor vehicle and the	951
consumption of alcoholic beverages. One hundred fifteen dollars of	952
the fine imposed pursuant to this division shall be paid to the	953
political subdivision that pays the cost of housing the offender	954
during the offender's term of incarceration. This share shall be	955
used by the political subdivision to pay or reimburse	956
incarceration or treatment costs it incurs in housing or providing	957
drug and alcohol treatment to persons who violate section 4511.19	958
of the Revised Code or a substantially similar municipal ordinance	959
and to pay for ignition interlock devices and electronic house	960
arrest equipment for persons who violate that section, and shall	961
be paid to the credit of the fund that pays the cost of the	962
incarceration. Fifty dollars of the fine imposed pursuant to this	963
division shall be deposited into the county indigent drivers	964
alcohol treatment fund or municipal indigent drivers alcohol	965
treatment fund under the control of that court, as created by the	966
county or municipal corporation pursuant to division (N) of	967
section 4511.191 of the Revised Code. The balance of the fine	968
shall be disbursed as otherwise provided by law.	969

(b) Regardless of whether the vehicle the offender was	970
operating at the time of the offense is registered in the	971
offender's name or in the name of another person, the court, in	972
addition to the penalties imposed under division (A)(2)(a) of this	973
section and all other penalties provided by law and subject to	974
section 4503.235 of the Revised Code, shall order the	975
immobilization for ninety days of the vehicle the offender was	976
operating at the time of the offense and the impoundment for	977
ninety days of the identification license plates of that vehicle.	978
The order for the immobilization and impoundment shall be issued	979
and enforced in accordance with section 4503.233 of the Revised	980
Code.	981

(3)(a) Except as otherwise provided in division (A)(4) of	982
this section and except as provided in this division, if, within	983
six years of the offense, the offender has been convicted of or	984
pleaded guilty to two violations identified in division (A)(2) of	985
this section, the court shall sentence the offender to a term of	986
imprisonment of thirty consecutive days and may sentence the	987
offender to a longer definite term of imprisonment of not more	988
than one year. As an alternative to the term of imprisonment	989
required to be imposed by this division, but subject to division	990
(A)(12) of this section, the court may impose upon the offender a	991
sentence consisting of both a term of imprisonment of fifteen	992
consecutive days and not less than fifty-five consecutive days of	993
electronically monitored house arrest as defined in division (A)	994
of section 2929.23 of the Revised Code. The fifteen consecutive	995
days of imprisonment and the period of electronically monitored	996
house arrest shall not exceed one year. The fifteen consecutive	997
days of imprisonment do not have to be served prior to or	998
consecutively with the period of electronically monitored house	999
arrest.	1000

In addition, the court shall impose upon the offender a fine	1001
of not less than five hundred fifty and not more than two thousand	1002
five hundred dollars.	1003

In addition to any other sentence that it imposes upon the	1004
offender, the court shall require the offender to attend an	1005
alcohol and drug addiction program authorized by section 3793.02	1006
of the Revised Code. The cost of the treatment shall be paid by	1007
the offender. If the court determines that the offender is unable	1008
to pay the cost of attendance at the treatment program, the court	1009
may order that payment of the cost of the offender's attendance at	1010
the treatment program be made from that court's indigent drivers	1011
alcohol treatment fund.	1012

Of the fine imposed pursuant to this division, one hundred	1013
twenty-three dollars shall be paid to an enforcement and education	1014
fund established by the legislative authority of the law	1015
enforcement agency in this state that primarily was responsible	1016
for the arrest of the offender, as determined by the court that	1017
imposes the fine. This share shall be used by the agency to pay	1018
only those costs it incurs in enforcing section 4511.19 of the	1019
Revised Code or a substantially similar municipal ordinance and in	1020
informing the public of the laws governing the operation of a	1021
motor vehicle while under the influence of alcohol, the dangers of	1022
operating a motor vehicle while under the influence of alcohol,	1023
and other information relating to the operation of a motor vehicle	1024
and the consumption of alcoholic beverages. Two hundred	1025
seventy-seven dollars of the fine imposed pursuant to this	1026
division shall be paid to the political subdivision that pays the	1027
cost of housing the offender during the offender's term of	1028
incarceration. This share shall be used by the political	1029
subdivision to pay or reimburse incarceration or treatment costs	1030
it incurs in housing or providing drug and alcohol treatment to	1031
persons who violate section 4511.19 of the Revised Code or a	1032
substantially similar municipal ordinance and to pay for ignition	1033
interlock devices and electronic house arrest equipment for	1034
persons who violate that section and shall be paid to the credit	1035
of the fund that pays the cost of incarceration. The balance of	1036
the fine shall be disbursed as otherwise provided by law.	1037

(b) Regardless of whether the vehicle the offender was	1038
operating at the time of the offense is registered in the	1039
offender's name or in the name of another person, the court, in	1040
addition to the penalties imposed under division (A)(3)(a) of this	1041
section and all other penalties provided by law and subject to	1042
section 4503.235 of the Revised Code, shall order the criminal	1043
forfeiture to the state of the vehicle the offender was operating	1044
at the time of the offense. The order of criminal forfeiture shall	1045
be issued and enforced in accordance with section 4503.234 of the	1046
Revised Code.	1047

(4)(a)(i) If, within six years of the offense, the offender	1048
has been convicted of or pleaded guilty to three or morefour	1049
violations identified in division (A)(2) of this section or if,	1050
regardless of when any of the prior convictions or guilty pleas	1051
occurred, the offender previously has been convicted of or pleaded	1052
guilty to five or more violations of that nature, and if sentence	1053
is not required to be imposed under division (A)(4)(a)(ii) of this	1054
section, the offender is guilty of a felony of the fourth degree	1055
and, notwithstanding division (A)(4) of section 2929.14 of the	1056
Revised Code, may be sentenced to a definite prison term that	1057
shall be not less than six months and not more than thirty months.	1058
The court shall sentence the offender in accordance with sections	1059
2929.11 to 2929.19 of the Revised Code and, shall impose as part	1060
of the sentence a mandatory prison term of one, two, three, four,	1061
or five years as required by and in accordance with division	1062
(G)(2) of section 2929.13 of the Revised Code if the offender also	1063
pleads guilty to or also is convicted of a specification of the	1064
type described in section 2941.1413 of the Revised Code, and shall	1065
impose as part of the sentence either a mandatory term of local	1066
incarceration of sixty consecutive days of imprisonment in	1067
accordance with division (G)(1) of section 2929.13 of the Revised	1068
Code or a mandatory prison term of sixty consecutive days of	1069
imprisonment in accordance with division (G)(2) of that section if	1070
the offender does not plead guilty to and is not convicted of a	1071
specification of that type. If the court requires the offender to	1072
serve a mandatory term of local incarceration of sixty consecutive	1073
days of imprisonment in accordance with division (G)(1) of section	1074
2929.13 of the Revised Code, the court, pursuant to section	1075
2929.17 of the Revised Code, may impose upon the offender a	1076
sentence that includes a term of electronically monitored house	1077
arrest, provided that the term of electronically monitored house	1078
arrest shall not commence until after the offender has served the	1079
mandatory term of local incarceration.	1080

(ii) If the offender previously has been convicted of or	1081
pleaded guilty to a violation of division (A) of section 4511.19	1082
of the Revised Code under circumstances in which the violation was	1083
a felony, regardless of when the prior violation and the prior	1084
conviction or guilty plea occurred, the offender is guilty of a	1085
felony of the third degree. The court shall sentence the offender	1086
in accordance with sections 2929.11 to 2929.19 of the Revised Code	1087
and, shall impose as part of the sentence a mandatory prison term	1088
of one, two, three, four, or five years as required by and in	1089
accordance with division (G)(2) of section 2929.13 of the Revised	1090
Code if the offender also pleads guilty to or also is convicted of	1091
a specification of the type described in section 2941.1413 of the	1092
Revised Code, and shall impose as part of the sentence a mandatory	1093
prison term of sixty consecutive days of imprisonment in	1094
accordance with division (G)(2) of section 2929.13 of the Revised	1095
Code if the offender does not plead guilty to and is not convicted	1096
of a specification of that type.	1097

(iii) In addition to all other sanctions imposed on an	1098
offender under division (A)(4)(a)(i) or (ii) of this section, the	1099
court shall impose upon the offender, pursuant to section 2929.18	1100
of the Revised Code, a fine of not less than eight hundred nor	1101
more than ten thousand dollars.	1102

In addition to any other sanction that it imposes upon the	1103
offender under division (A)(4)(a)(i) or (ii) of this section, the	1104
court shall require the offender to attend an alcohol and drug	1105
addiction program authorized by section 3793.02 of the Revised	1106
Code. The cost of the treatment shall be paid by the offender. If	1107
the court determines that the offender is unable to pay the cost	1108
of attendance at the treatment program, the court may order that	1109
payment of the cost of the offender's attendance at the treatment	1110
program be made from the court's indigent drivers alcohol	1111
treatment fund.	1112

Of the fine imposed pursuant to this division, two hundred	1113
ten dollars shall be paid to an enforcement and education fund	1114
established by the legislative authority of the law enforcement	1115
agency in this state that primarily was responsible for the arrest	1116
of the offender, as determined by the court that imposes the fine.	1117
This share shall be used by the agency to pay only those costs it	1118
incurs in enforcing section 4511.19 of the Revised Code or a	1119
substantially similar municipal ordinance and in informing the	1120
public of the laws governing operation of a motor vehicle while	1121
under the influence of alcohol, the dangers of operation of a	1122
motor vehicle while under the influence of alcohol, and other	1123
information relating to the operation of a motor vehicle and the	1124
consumption of alcoholic beverages. Four hundred forty dollars of	1125
the fine imposed pursuant to this division shall be paid to the	1126
political subdivision that pays the cost of housing the offender	1127
during the offender's term of incarceration. This share shall be	1128
used by the political subdivision to pay or reimburse	1129
incarceration or treatment costs it incurs in housing or providing	1130
drug and alcohol treatment to persons who violate section 4511.19	1131
of the Revised Code or a substantially similar municipal ordinance	1132
and to pay for ignition interlock devices and electronic house	1133
arrest equipment for persons who violate that section, and shall	1134
be paid to the credit of the fund that pays the cost of	1135
incarceration. The balance of the fine shall be disbursed as	1136
otherwise provided by law.	1137

(b) Regardless of whether the vehicle the offender was	1138
operating at the time of the offense is registered in the	1139
offender's name or in the name of another person, the court, in	1140
addition to the sanctions imposed under division (A)(4)(a) of this	1141
section and all other sanctions provided by law and subject to	1142
section 4503.235 of the Revised Code, shall order the criminal	1143
forfeiture to the state of the vehicle the offender was operating	1144
at the time of the offense. The order of criminal forfeiture shall	1145
be issued and enforced in accordance with section 4503.234 of the	1146
Revised Code.	1147

(c) As used in division (A)(4)(a) of this section, "mandatory	1148
prison term" and "mandatory term of local incarceration" have the	1149
same meanings as in section 2929.01 of the Revised Code.	1150

If title to a motor vehicle that is subject to an order for	1151
criminal forfeiture under this section is assigned or transferred	1152
and division (C)(2) or (3) of section 4503.234 of the Revised Code	1153
applies, in addition to or independent of any other penalty	1154
established by law, the court may fine the offender the value of	1155
the vehicle as determined by publications of the national auto	1156
dealer's association. The proceeds from any fine imposed under	1157
this division shall be distributed in accordance with division	1158
(D)(4) of section 4503.234 of the Revised Code.	1159

(5)(a) Except as otherwise provided in division (A)(6), (7),	1160
or (8) of this section, the offender is guilty of a misdemeanor of	1161
the first degree, and the court shall sentence the offender to one	1162
of the following:	1163

(i) A term of imprisonment of at least three consecutive days	1164
and a requirement that the offender attend, for three consecutive	1165
days, a drivers' intervention program that is certified pursuant	1166
to section 3793.10 of the Revised Code;	1167

(ii) If the court determines that the offender is not	1168
conducive to treatment in the program, if the offender refuses to	1169
attend the program, or if the place of imprisonment can provide a	1170
drivers' intervention program, a term of imprisonment of at least	1171
six consecutive days.	1172

(b) In addition, the court shall impose upon the offender a	1173
fine of not less than two hundred fifty and not more than one	1174
thousand dollars.	1175

The court may require the offender, as a condition of	1176
probation, to attend and satisfactorily complete any treatment or	1177
education programs that comply with the minimum standards adopted	1178
pursuant to Chapter 3793. of the Revised Code by the director of	1179
alcohol and drug addiction services, in addition to the required	1180
attendance at a drivers' intervention program, that the operators	1181
of the drivers' intervention program determine that the offender	1182
should attend and to report periodically to the court on the	1183
offender's progress in the programs. The court also may impose any	1184
other conditions of probation on the offender that it considers	1185
necessary.	1186

Of the fine imposed pursuant to this division, twenty-five	1187
dollars shall be paid to an enforcement and education fund	1188
established by the legislative authority of the law enforcement	1189
agency in this state that primarily was responsible for the arrest	1190
of the offender, as determined by the court that imposes the fine.	1191
The agency shall use this share to pay only those costs it incurs	1192
in enforcing section 4511.19 of the Revised Code or a	1193
substantially similar municipal ordinance and in informing the	1194
public of the laws governing the operation of a motor vehicle	1195
while under the influence of alcohol, the dangers of operating a	1196
motor vehicle while under the influence of alcohol, and other	1197
information relating to the operation of a motor vehicle and the	1198
consumption of alcoholic beverages. Fifty dollars of the fine	1199
imposed pursuant to this division shall be paid to the political	1200
subdivision that pays the cost of housing the offender during the	1201
offender's term of incarceration to the credit of the fund that	1202
pays the cost of the incarceration. The political subdivision	1203
shall use this share to pay or reimburse incarceration or	1204
treatment costs it incurs in housing or providing drug and alcohol	1205
treatment to persons who violate section 4511.19 of the Revised	1206
Code or a substantially similar municipal ordinance and to pay for	1207
ignition interlock devices and electronic house arrest equipment	1208
for persons who violate that section. Twenty-five dollars of the	1209
fine imposed pursuant to this division shall be deposited into the	1210
county indigent drivers alcohol treatment fund or municipal	1211
indigent drivers alcohol treatment fund under the control of that	1212
court, as created by the county or municipal corporation pursuant	1213
to division (N) of section 4511.191 of the Revised Code. The	1214
balance of the fine shall be disbursed as otherwise provided by	1215
law.	1216

(6)(a) Except as otherwise provided in division (A)(8) of	1217
this section and except as provided in this division, if, within	1218
six years of the offense, the offender has been convicted of or	1219
pleaded guilty to one violation of division (A) or (B) of section	1220
4511.19 of the Revised Code, a municipal ordinance relating to	1221
operating a vehicle while under the influence of alcohol, a drug	1222
of abuse, or alcohol and a drug of abuse, a municipal ordinance	1223
relating to operating a vehicle with a prohibited concentration of	1224
alcohol in the blood, breath, or urine, section 2903.04 of the	1225
Revised Code in a case in which the offender was subject to the	1226
sanctions described in division (D) of that section, section	1227
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	1228
ordinance that is substantially similar to section 2903.07 of the	1229
Revised Code in a case in which the jury or judge found that the	1230
offender was under the influence of alcohol, a drug of abuse, or	1231
alcohol and a drug of abuse, or a statute of the United States or	1232
of any other state or a municipal ordinance of a municipal	1233
corporation located in any other state that is substantially	1234
similar to division (A) or (B) of section 4511.19 of the Revised	1235
Code, the offender is guilty of a misdemeanor of the first degree,	1236
and the court shall sentence the offender to a term of	1237
imprisonment of twenty consecutive days and may sentence the	1238
offender pursuant to section 2929.21 of the Revised Code to a	1239
longer term of imprisonment. As an alternative to the term of	1240
imprisonment required to be imposed by this division, but subject	1241
to division (A)(12) of this section, the court may impose upon the	1242
offender a sentence consisting of both a term of imprisonment of	1243
ten consecutive days and not less than thirty-six consecutive days	1244
of electronically monitored house arrest as defined in division	1245
(A) of section 2929.23 of the Revised Code. The ten consecutive	1246
days of imprisonment and the period of electronically monitored	1247
house arrest shall not exceed six months. The ten consecutive days	1248
of imprisonment do not have to be served prior to or consecutively	1249
with the period of electronically monitored house arrest.	1250

In addition, the court shall impose upon the offender a fine	1251
of not less than three hundred fifty and not more than one	1252
thousand five hundred dollars.	1253

In addition to any other sentence that it imposes upon the	1254
offender, the court may require the offender to attend a drivers'	1255
intervention program that is certified pursuant to section 3793.10	1256
of the Revised Code. If the officials of the drivers' intervention	1257
program determine that the offender is alcohol dependent, they	1258
shall notify the court, and the court shall order the offender to	1259
obtain treatment through an alcohol and drug addiction program	1260
authorized by section 3793.02 of the Revised Code. The offender	1261
shall pay the cost of the treatment.	1262

Of the fine imposed pursuant to this division, thirty-five	1263
dollars shall be paid to an enforcement and education fund	1264
established by the legislative authority of the law enforcement	1265
agency in this state that primarily was responsible for the arrest	1266
of the offender, as determined by the court that imposes the fine.	1267
The agency shall use this share to pay only those costs it incurs	1268
in enforcing section 4511.19 of the Revised Code or a	1269
substantially similar municipal ordinance and in informing the	1270
public of the laws governing the operation of a motor vehicle	1271
while under the influence of alcohol, the dangers of operating a	1272
motor vehicle while under the influence of alcohol, and other	1273
information relating to the operation of a motor vehicle and the	1274
consumption of alcoholic beverages. One hundred fifteen dollars of	1275
the fine imposed pursuant to this division shall be paid to the	1276
political subdivision that pays the cost of housing the offender	1277
during the offender's term of incarceration. The political	1278
subdivision shall use this share to pay or reimburse incarceration	1279
or treatment costs it incurs in housing or providing drug and	1280
alcohol treatment to persons who violate section 4511.19 of the	1281
Revised Code or a substantially similar municipal ordinance and to	1282
pay for ignition interlock devices and electronic house arrest	1283
equipment for persons who violate that section, and this share	1284
shall be paid to the credit of the fund that pays the cost of the	1285
incarceration. Fifty dollars of the fine imposed pursuant to this	1286
division shall be deposited into the county indigent drivers	1287
alcohol treatment fund or municipal indigent drivers alcohol	1288
treatment fund under the control of that court, as created by the	1289
county or municipal corporation pursuant to division (N) of	1290
section 4511.191 of the Revised Code. The balance of the fine	1291
shall be disbursed as otherwise provided by law.	1292

(b) Regardless of whether the vehicle the offender was	1293
operating at the time of the offense is registered in the	1294
offender's name or in the name of another person, the court, in	1295
addition to the penalties imposed under division (A)(6)(a) of this	1296
section and all other penalties provided by law and subject to	1297
section 4503.235 of the Revised Code, shall order the	1298
immobilization for ninety days of the vehicle the offender was	1299
operating at the time of the offense and the impoundment for	1300
ninety days of the identification license plates of that vehicle.	1301
The order for the immobilization and impoundment shall be issued	1302
and enforced in accordance with section 4503.233 of the Revised	1303
Code.	1304

(7)(a) Except as otherwise provided in division (A)(8) of	1305
this section and except as provided in this division, if, within	1306
six years of the offense, the offender has been convicted of or	1307
pleaded guilty to two violations of division (A) or (B) of section	1308
4511.19 of the Revised Code, a municipal ordinance relating to	1309
operating a vehicle while under the influence of alcohol, a drug	1310
of abuse, or alcohol and a drug of abuse, a municipal ordinance	1311
relating to operating a vehicle with a prohibited concentration of	1312
alcohol in the blood, breath, or urine, section 2903.04 of the	1313
Revised Code in a case in which the offender was subject to the	1314
sanctions described in division (D) of that section, section	1315
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	1316
ordinance that is substantially similar to section 2903.07 of the	1317
Revised Code in a case in which the jury or judge found that the	1318
offender was under the influence of alcohol, a drug of abuse, or	1319
alcohol and a drug of abuse, or a statute of the United States or	1320
of any other state or a municipal ordinance of a municipal	1321
corporation located in any other state that is substantially	1322
similar to division (A) or (B) of section 4511.19 of the Revised	1323
Code, the court shall sentence the offender to a term of	1324
imprisonment of sixty consecutive days and may sentence the	1325
offender to a longer definite term of imprisonment of not more	1326
than one year. As an alternative to the term of imprisonment	1327
required to be imposed by this division, but subject to division	1328
(A)(12) of this section, the court may impose upon the offender a	1329
sentence consisting of both a term of imprisonment of thirty	1330
consecutive days and not less than one hundred ten consecutive	1331
days of electronically monitored house arrest as defined in	1332
division (A) of section 2929.23 of the Revised Code. The thirty	1333
consecutive days of imprisonment and the period of electronically	1334
monitored house arrest shall not exceed one year. The thirty	1335
consecutive days of imprisonment do not have to be served prior to	1336
or consecutively with the period of electronically monitored house	1337
arrest.	1338

In addition, the court shall impose upon the offender a fine	1339
of not less than five hundred fifty and not more than two thousand	1340
five hundred dollars.	1341

In addition to any other sentence that it imposes upon the	1342
offender, the court shall require the offender to attend an	1343
alcohol and drug addiction program authorized by section 3793.02	1344
of the Revised Code. The offender shall pay the cost of the	1345
treatment. If the court determines that the offender is unable to	1346
pay the cost of attendance at the treatment program, the court may	1347
order that payment of the cost of the offender's attendance at the	1348
treatment program be made from that court's indigent drivers	1349
alcohol treatment fund.	1350

Of the fine imposed pursuant to this division, one hundred	1351
twenty-three dollars shall be paid to an enforcement and education	1352
fund established by the legislative authority of the law	1353
enforcement agency in this state that primarily was responsible	1354
for the arrest of the offender, as determined by the court that	1355
imposes the fine. The agency shall use this share to pay only	1356
those costs it incurs in enforcing section 4511.19 of the Revised	1357
Code or a substantially similar municipal ordinance and in	1358
informing the public of the laws governing the operation of a	1359
motor vehicle while under the influence of alcohol, the dangers of	1360
operating a motor vehicle while under the influence of alcohol,	1361
and other information relating to the operation of a motor vehicle	1362
and the consumption of alcoholic beverages. Two hundred	1363
seventy-seven dollars of the fine imposed pursuant to this	1364
division shall be paid to the political subdivision that pays the	1365
cost of housing the offender during the offender's term of	1366
incarceration. The political subdivision shall use this share to	1367
pay or reimburse incarceration or treatment costs it incurs in	1368
housing or providing drug and alcohol treatment to persons who	1369
violate section 4511.19 of the Revised Code or a substantially	1370
similar municipal ordinance and to pay for ignition interlock	1371
devices and electronic house arrest equipment for persons who	1372
violate that section, and this share shall be paid to the credit	1373
of the fund that pays the cost of incarceration. The balance of	1374
the fine shall be disbursed as otherwise provided by law.	1375

(b) Regardless of whether the vehicle the offender was	1376
operating at the time of the offense is registered in the	1377
offender's name or in the name of another person, the court, in	1378
addition to the penalties imposed under division (A)(7)(a) of this	1379
section and all other penalties provided by law and subject to	1380
section 4503.235 of the Revised Code, shall order the	1381
immobilization for one hundred eighty days of the vehicle the	1382
offender was operating at the time of the offense and the	1383
impoundment for one hundred eighty days of the identification	1384
license plates of that vehicle. The order for the immobilization	1385
and impoundment shall be issued and enforced in accordance with	1386
section 4503.233 of the Revised Code.	1387

(8)(a)(i) If, within six years of the offense, the offender	1388
has been convicted of or pleaded guilty to three or morefour	1389
violations of division (A) or (B) of section 4511.19 of the	1390
Revised Code, a municipal ordinance relating to operating a	1391
vehicle while under the influence of alcohol, a drug of abuse, or	1392
alcohol and a drug of abuse, a municipal ordinance relating to	1393
operating a vehicle with a prohibited concentration of alcohol in	1394
the blood, breath, or urine, section 2903.04 of the Revised Code	1395
in a case in which the offender was subject to the sanctions	1396
described in division (D) of that section, section 2903.06,	1397
2903.07, or 2903.08 of the Revised Code or a municipal ordinance	1398
that is substantially similar to section 2903.07 of the Revised	1399
Code in a case in which the jury or judge found that the offender	1400
was under the influence of alcohol, a drug of abuse, or alcohol	1401
and a drug of abuse, or a statute of the United States or of any	1402
other state or a municipal ordinance of a municipal corporation	1403
located in any other state that is substantially similar to	1404
division (A) or (B) of section 4511.19 of the Revised Code or if,	1405
regardless of when any of the prior convictions or guilty pleas	1406
occurred, the offender previously has been convicted of or pleaded	1407
guilty to five or more violations of that nature, and if sentence	1408
is not required to be imposed under division (A)(8)(a)(ii) of this	1409
section, the offender is guilty of a felony of the fourth degree	1410
and, notwithstanding division (A)(4) of section 2929.14 of the	1411
Revised Code, may be sentenced to a definite prison term that	1412
shall be not less than six months and not more than thirty months.	1413
The court shall sentence the offender in accordance with sections	1414
2929.11 to 2929.19 of the Revised Code and, shall impose as part	1415
of the sentence a mandatory prison term of one, two, three, four,	1416
or five years as required by and in accordance with division	1417
(G)(2) of section 2929.13 of the Revised Code if the offender also	1418
pleads guilty to or also is convicted of a specification of the	1419
type described in section 2941.1413 of the Revised Code, and shall	1420
impose as part of the sentence either a mandatory term of local	1421
incarceration of one hundred twenty consecutive days of	1422
imprisonment in accordance with division (G)(1) of section 2929.13	1423
of the Revised Code or a mandatory prison term of one hundred	1424
twenty consecutive days of imprisonment in accordance with	1425
division (G)(2) of that section if the offender does not plead	1426
guilty to and is not convicted of a specification of that type. If	1427
the court requires the offender to serve a mandatory term of local	1428
incarceration of one hundred twenty consecutive days of	1429
imprisonment in accordance with division (G)(1) of section 2929.13	1430
of the Revised Code, the court, pursuant to section 2929.17 of the	1431
Revised Code, may impose upon the offender a sentence that	1432
includes a term of electronically monitored house arrest, provided	1433
that the term of electronically monitored house arrest shall not	1434
commence until after the offender has served the mandatory term of	1435
local incarceration.	1436

(ii) If the offender previously has been convicted of or	1437
pleaded guilty to a violation of division (A) of section 4511.19	1438
of the Revised Code under circumstances in which the violation was	1439
a felony, regardless of when the prior violation and the prior	1440
conviction or guilty plea occurred, the offender is guilty of a	1441
felony of the third degree. The court shall sentence the offender	1442
in accordance with sections 2929.11 to 2929.19 of the Revised Code	1443
and, shall impose as part of the sentence a mandatory prison term	1444
of one, two, three, four, or five years as required by and in	1445
accordance with division (G)(2) of section 2929.13 of the Revised	1446
Code if the offender also pleads guilty to or also is convicted of	1447
a specification of the type described in section 2941.1413 of the	1448
Revised Code, and shall impose as part of the sentence a mandatory	1449
prison term of one hundred twenty consecutive days of imprisonment	1450
in accordance with division (G)(2) of section 2929.13 of the	1451
Revised Code if the offender does not plead guilty to and is not	1452
convicted of a specification of that type.	1453

(iii) In addition to all other sanctions imposed on an	1454
offender under division (A)(8)(a)(i) or (ii) of this section, the	1455
court shall impose upon the offender, pursuant to section 2929.18	1456
of the Revised Code, a fine of not less than eight hundred nor	1457
more than ten thousand dollars.	1458

In addition to any other sanction that it imposes upon the	1459
offender under division (A)(8)(a)(i) or (ii) of this section, the	1460
court shall require the offender to attend an alcohol and drug	1461
addiction program authorized by section 3793.02 of the Revised	1462
Code. The cost of the treatment shall be paid by the offender. If	1463
the court determines that the offender is unable to pay the cost	1464
of attendance at the treatment program, the court may order that	1465
payment of the cost of the offender's attendance at the treatment	1466
program be made from the court's indigent drivers alcohol	1467
treatment fund.	1468

Of the fine imposed pursuant to this division, two hundred	1469
ten dollars shall be paid to an enforcement and education fund	1470
established by the legislative authority of the law enforcement	1471
agency in this state that primarily was responsible for the arrest	1472
of the offender, as determined by the court that imposes the fine.	1473
The agency shall use this share to pay only those costs it incurs	1474
in enforcing section 4511.19 of the Revised Code or a	1475
substantially similar municipal ordinance and in informing the	1476
public of the laws governing operation of a motor vehicle while	1477
under the influence of alcohol, the dangers of operation of a	1478
motor vehicle while under the influence of alcohol, and other	1479
information relating to the operation of a motor vehicle and the	1480
consumption of alcoholic beverages. Four hundred forty dollars of	1481
the fine imposed pursuant to this division shall be paid to the	1482
political subdivision that pays the cost of housing the offender	1483
during the offender's term of incarceration. The political	1484
subdivision shall use this share to pay or reimburse incarceration	1485
or treatment costs it incurs in housing or providing drug and	1486
alcohol treatment to persons who violate section 4511.19 of the	1487
Revised Code or a substantially similar municipal ordinance and to	1488
pay for ignition interlock devices and electronic house arrest	1489
equipment for persons who violate that section, and this share	1490
shall be paid to the credit of the fund that pays the cost of	1491
incarceration. The balance of the fine shall be disbursed as	1492
otherwise provided by law.	1493

(b) Regardless of whether the vehicle the offender was	1494
operating at the time of the offense is registered in the	1495
offender's name or in the name of another person, the court, in	1496
addition to the sanctions imposed under division (A)(8)(a) of this	1497
section and all other sanctions provided by law and subject to	1498
section 4503.235 of the Revised Code, shall order the criminal	1499
forfeiture to the state of the vehicle the offender was operating	1500
at the time of the offense. The order of criminal forfeiture shall	1501
be issued and enforced in accordance with section 4503.234 of the	1502
Revised Code.	1503

(c) As used in division (A)(8)(a) of this section, "mandatory	1504
prison term" and "mandatory term of local incarceration" have the	1505
same meanings as in section 2929.01 of the Revised Code.	1506

(d) If title to a motor vehicle that is subject to an order	1507
for criminal forfeiture under this section is assigned or	1508
transferred and division (C)(2) or (3) of section 4503.234 of the	1509
Revised Code applies, in addition to or independent of any other	1510
penalty established by law, the court may fine the offender the	1511
value of the vehicle as determined by publications of the national	1512
auto dealer's association. The proceeds from any fine imposed	1513
under this division shall be distributed in accordance with	1514
division (D)(4) of section 4503.234 of the Revised Code.	1515

(9)(a) Except as provided in division (A)(9)(b) of this	1516
section, upon a showing that imprisonment would seriously affect	1517
the ability of an offender sentenced pursuant to division (A)(1),	1518
(2), (3), (4), (5), (6), (7), or (8) of this section to continue	1519
the offender's employment, the court may authorize that the	1520
offender be granted work release from imprisonment after the	1521
offender has served the three, six, ten, twenty, thirty, or sixty	1522
consecutive days of imprisonment or the mandatory term of local	1523
incarceration of sixty or one hundred twenty consecutive days that	1524
the court is required by division (A)(1), (2), (3), (4), (5), (6),	1525
(7), or (8) of this section to impose. No court shall authorize	1526
work release from imprisonment during the three, six, ten, twenty,	1527
thirty, or sixty consecutive days of imprisonment or the mandatory	1528
term of local incarceration or mandatory prison term of sixty or	1529
one hundred twenty consecutive days that the court is required by	1530
division (A)(1), (2), (3), (4), (5), (6), (7), or (8) of this	1531
section to impose. The duration of the work release shall not	1532
exceed the time necessary each day for the offender to commute to	1533
and from the place of employment and the place of imprisonment and	1534
the time actually spent under employment.	1535

(b) An offender who is sentenced pursuant to division (A)(2),	1536
(3), (6), or (7) of this section to a term of imprisonment	1537
followed by a period of electronically monitored house arrest is	1538
not eligible for work release from imprisonment, but that person	1539
shall be permitted work release during the period of	1540
electronically monitored house arrest. No court shall authorize	1541
work release from a mandatory prison term that the court is	1542
required to impose under division (G)(2) of section 2929.13 of the	1543
Revised Code. The duration of the work release shall not exceed	1544
the time necessary each day for the offender to commute to and	1545
from the place of employment and the offender's home or other	1546
place specified by the sentencing court and the time actually	1547
spent under employment.	1548

(10) Notwithstanding any section of the Revised Code that	1549
authorizes the suspension of the imposition or execution of a	1550
sentence, the placement of an offender in any treatment program in	1551
lieu of imprisonment, or the use of a community control sanction	1552
for an offender convicted of a felony, no court shall suspend the	1553
ten, twenty, thirty, or sixty consecutive days of imprisonment	1554
required to be imposed on an offender by division (A)(2), (3),	1555
(6), or (7) of this section, no court shall place an offender who	1556
is sentenced pursuant to division (A)(2), (3), (4), (6), (7), or	1557
(8) of this section in any treatment program in lieu of	1558
imprisonment until after the offender has served the ten, twenty,	1559
thirty, or sixty consecutive days of imprisonment or the mandatory	1560
term of local incarceration or mandatory prison term of sixty or	1561
one hundred twenty consecutive days required to be imposed	1562
pursuant to division (A)(2), (3), (4), (6), (7), or (8) of this	1563
section or a mandatory prison term of one, two, three, four, or	1564
five years that the court is required to impose under division	1565
(G)(2) of section 2929.13 of the Revised Code, no court that	1566
sentences an offender under division (A)(4) or (8) of this section	1567
shall impose any sanction other than a mandatory term of local	1568
incarceration or mandatory prison term to apply to the offender	1569
until after the offender has served the mandatory term of local	1570
incarceration or mandatory prison term of sixty or one hundred	1571
twenty consecutive days required to be imposed pursuant to	1572
division (A)(4) or (8) of this section or division (G) of section	1573
2929.13 of the Revised Code, and no court that imposes a sentence	1574
of imprisonment and a period of electronically monitored house	1575
arrest upon an offender under division (A)(2), (3), (6), or (7) of	1576
this section shall suspend any portion of the sentence or place	1577
the offender in any treatment program in lieu of imprisonment or	1578
electronically monitored house arrest. Notwithstanding any section	1579
of the Revised Code that authorizes the suspension of the	1580
imposition or execution of a sentence or the placement of an	1581
offender in any treatment program in lieu of imprisonment, no	1582
court, except as specifically authorized by division (A)(1) or (5)	1583
of this section, shall suspend the three or more consecutive days	1584
of imprisonment required to be imposed by division (A)(1) or (5)	1585
of this section or place an offender who is sentenced pursuant to	1586
division (A)(1) or (5) of this section in any treatment program in	1587
lieu of imprisonment until after the offender has served the three	1588
or more consecutive days of imprisonment required to be imposed	1589
pursuant to division (A)(1) or (5) of this section.	1590

(11) No court shall sentence an offender to an alcohol	1591
treatment program pursuant to division (A)(1), (2), (3), (4), (5),	1592
(6), (7), or (8) of this section unless the treatment program	1593
complies with the minimum standards adopted pursuant to Chapter	1594
3793. of the Revised Code by the director of alcohol and drug	1595
addiction services.	1596

(12) No court shall impose the alternative sentence of a term	1597
of imprisonment plus a term of electronically monitored house	1598
arrest permitted to be imposed by division (A)(2), (3), (6), or	1599
(7) of this section, unless within sixty days of the date of	1600
sentencing, the court issues a written finding, entered into the	1601
record, that due to the unavailability of space at the	1602
incarceration facility where the offender is required to serve the	1603
term of imprisonment imposed upon the offender, the offender will	1604
not be able to commence serving the term of imprisonment within	1605
the sixty-day period following the date of sentencing. If the	1606
court issues such a written finding, the court may impose the	1607
alternative sentence comprised of a term of imprisonment and a	1608
term of electronically monitored house arrest permitted to be	1609
imposed by division (A)(2), (3), (6), or (7) of this section.	1610

(B) Whoever violates section 4511.192, 4511.251, or 4511.85	1611
of the Revised Code is guilty of a misdemeanor of the first	1612
degree. The court, in addition to or independent of all other	1613
penalties provided by law, may suspend for a period not to exceed	1614
one year the driver's or commercial driver's license or permit or	1615
nonresident operating privilege of any person who pleads guilty to	1616
or is convicted of a violation of section 4511.192 of the Revised	1617
Code.	1618

(C) Whoever violates section 4511.63, 4511.76, 4511.761,	1619
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is	1620
guilty of one of the following:	1621

(1) Except as otherwise provided in division (C)(2) of this	1622
section, a minor misdemeanor.	1623

(2) If the offender previously has been convicted of or	1624
pleaded guilty to one or more violations of section 4511.63,	1625
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the	1626
Revised Code or a municipal ordinance that is substantially	1627
similar to any of those sections, a misdemeanor of the fourth	1628
degree.	1629

(D)(1) Whoever violates any provision of sections 4511.01 to	1630
4511.76 or section 4511.84 of the Revised Code, for which no	1631
penalty otherwise is provided in this section is guilty of one of	1632
the following:	1633

(a) Except as otherwise provided in division (D)(1)(b),	1634
(1)(c), (2), (3), or (4) of this section, a minor misdemeanor;	1635

(b) If, within one year of the offense, the offender	1636
previously has been convicted of or pleaded guilty to one	1637
violation of any provision of sections 4511.01 to 4511.76 or	1638
section 4511.84 of the Revised Code for which no penalty otherwise	1639
is provided in this section or a municipal ordinance that is	1640
substantially similar to any provision of sections 4511.01 to	1641
4511.76 or section 4511.84 of the Revised Code for which no	1642
penalty otherwise is provided in this section, a misdemeanor of	1643
the fourth degree;	1644

(c) If, within one year of the offense, the offender	1645
previously has been convicted of or pleaded guilty to two or more	1646
violations of any provision described in division (D)(1)(b) of	1647
this section or any municipal ordinance that is substantially	1648
similar to any of those provisions, a misdemeanor of the third	1649
degree.	1650

(2) When any person is found guilty of a first offense for a	1651
violation of section 4511.21 of the Revised Code upon a finding	1652
that the person operated a motor vehicle faster than thirty-five	1653
miles an hour in a business district of a municipal corporation,	1654
or faster than fifty miles an hour in other portions, or faster	1655
than thirty-five miles an hour while passing through a school zone	1656
during recess or while children are going to or leaving school	1657
during the opening or closing hours, the person is guilty of a	1658
misdemeanor of the fourth degree.	1659

(3) Notwithstanding section 2929.21 of the Revised Code, upon	1660
a finding that such person operated a motor vehicle in a	1661
construction zone where a sign was then posted in accordance with	1662
section 4511.98 of the Revised Code, the court, in addition to all	1663
other penalties provided by law, shall impose a fine of two times	1664
the usual amount imposed for the violation. No court shall impose	1665
a fine of two times the usual amount imposed for the violation	1666
upon an offender who alleges, in an affidavit filed with the court	1667
prior to the offender's sentencing, that the offender is indigent	1668
and is unable to pay the fine imposed pursuant to this division,	1669
provided the court determines the offender is an indigent person	1670
and is unable to pay the fine.	1671

(4) Notwithstanding section 2929.21 of the Revised Code, upon	1672
a finding that a person operated a motor vehicle in violation of	1673
division (C) of section 4511.213 of the Revised Code, the court,	1674
in addition to all other penalties provided by law, shall impose a	1675
fine of two times the usual amount imposed for the violation.	1676

(E) Whenever a person is found guilty in a court of record of	1677
a violation of section 4511.761, 4511.762, or 4511.77 of the	1678
Revised Code, the trial judge, in addition to or independent of	1679
all other penalties provided by law, may suspend for any period of	1680
time not exceeding three years, or revoke the license of any	1681
person, partnership, association, or corporation, issued under	1682
section 4511.763 of the Revised Code.	1683

(F) Whoever violates division (E) or (F) of section 4511.51,	1684
division (A), (D), or (E) of section 4511.521, section 4511.681,	1685
division (A) or (C) of section 4511.69, section 4511.772, or	1686
division (A) or (B) of section 4511.82 of the Revised Code is	1687
guilty of a minor misdemeanor.	1688

(G) Whoever violates division (A) of section 4511.75 of the	1689
Revised Code may be fined an amount not to exceed five hundred	1690
dollars. A person who is issued a citation for a violation of	1691
division (A) of section 4511.75 of the Revised Code is not	1692
permitted to enter a written plea of guilty and waive the person's	1693
right to contest the citation in a trial, but instead must appear	1694
in person in the proper court to answer the charge.	1695

(H)(1) Whoever is a resident of this state and violates	1696
division (A) or (B) of section 4511.81 of the Revised Code shall	1697
be punished as follows:	1698

(a) Except as otherwise provided in division (H)(1)(b) of	1699
this section, the offender is guilty of a minor misdemeanor.	1700

(b) If the offender previously has been convicted of or	1701
pleaded guilty to a violation of division (A) or (B) of section	1702
4511.81 of the Revised Code or of a municipal ordinance that is	1703
substantially similar to either of those divisions, the offender	1704
is guilty of a misdemeanor of the fourth degree.	1705

(2) Whoever is not a resident of this state, violates	1706
division (A) or (B) of section 4511.81 of the Revised Code, and	1707
fails to prove by a preponderance of the evidence that the	1708
offender's use or nonuse of a child restraint system was in	1709
accordance with the law of the state of which the offender is a	1710
resident is guilty of a minor misdemeanor on a first offense; on a	1711
second or subsequent offense, that person is guilty of a	1712
misdemeanor of the fourth degree.	1713

(3) All fines imposed pursuant to division (H)(1) or (2) of	1714
this section shall be forwarded to the treasurer of state for	1715
deposit in the "child highway safety fund" created by division (G)	1716
of section 4511.81 of the Revised Code.	1717

(I) Whoever violates section 4511.202 of the Revised Code is	1718
guilty of operating a motor vehicle without being in control of	1719
it, a minor misdemeanor.	1720

(J) Whoever violates division (B) of section 4511.74,	1721
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of	1722
section 4511.83 of the Revised Code is guilty of a misdemeanor of	1723
the first degree.	1724

(K) Except as otherwise provided in this division, whoever	1725
violates division (E) of section 4511.11, division (A) or (C) of	1726
section 4511.17, or section 4511.18 of the Revised Code is guilty	1727
of a misdemeanor of the third degree. If a violation of division	1728
(A) or (C) of section 4511.17 of the Revised Code creates a risk	1729
of physical harm to any person, the offender is guilty of a	1730
misdemeanor of the first degree. A violation of division (A) or	1731
(C) of section 4511.17 of the Revised Code that causes serious	1732
physical harm to property that is owned, leased, or controlled by	1733
a state or local authority is a felony of the fifth degree.	1734

(L) Whoever violates division (H) of section 4511.69 of the	1735
Revised Code shall be punished as follows:	1736

(1) Except as otherwise provided in division (L)(2) of this	1737
section, the offender shall be issued a warning.	1738

(2) If the offender previously has been convicted of or	1739
pleaded guilty to a violation of division (H) of section 4511.69	1740
of the Revised Code or of a municipal ordinance that is	1741
substantially similar to that division, the offender shall not be	1742
issued a warning but shall be fined twenty-five dollars for each	1743
parking location that is not properly marked or whose markings are	1744
not properly maintained.	1745

(M) Whoever violates division (A)(1) or (2) of section	1746
4511.45 of the Revised Code is guilty of a misdemeanor of the	1747
fourth degree on a first offense; on a second offense within one	1748
year after the first offense, the person is guilty of a	1749
misdemeanor of the third degree; and on each subsequent offense	1750
within one year after the first offense, the person is guilty of a	1751
misdemeanor of the second degree.	1752

(N)(1) Whoever violates division (B) of section 4511.19 of	1753
the Revised Code is guilty of operating a motor vehicle after	1754
under-age alcohol consumption and shall be punished as follows:	1755

(a) Except as otherwise provided in division (N)(1)(b) of	1756
this section, the offender is guilty of a misdemeanor of the	1757
fourth degree.	1758

(b) The offender is guilty of a misdemeanor of the third	1759
degree if, within one year of the offense, the offender has been	1760
convicted of or pleaded guilty to any violation of the following:	1761

(i) Division (A) or (B) of section 4511.19 of the Revised	1762
Code;	1763

(ii) A municipal ordinance relating to operating a vehicle	1764
while under the influence of alcohol, a drug of abuse, or alcohol	1765
and a drug of abuse;	1766

(iii) A municipal ordinance relating to operating a vehicle	1767
with a prohibited concentration of alcohol in the blood, breath,	1768
or urine;	1769

(iv) Section 2903.04 of the Revised Code in a case in which	1770
the offender was subject to the sanctions described in division	1771
(D) of that section;	1772

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	1773
section 2903.08 of the Revised Code or a municipal ordinance that	1774
is substantially similar to either of those divisions;	1775

(vi) Division (A)(2), (3), or (4) of section 2903.06 or	1776
division (A)(2) of section 2903.08 of the Revised Code or a	1777
municipal ordinance that is substantially similar to any of those	1778
divisions, or former section 2903.07 of the Revised Code or a	1779
substantially similar municipal ordinance, in a case in which the	1780
jury or judge found that the offender was under the influence of	1781
alcohol, a drug of abuse, or alcohol and a drug of abuse;	1782

(vii) A statute of the United States or of any other state or	1783
a municipal ordinance of a municipal corporation located in any	1784
other state that is substantially similar to division (A) or (B)	1785
of section 4511.19 of the Revised Code.	1786

(2) In addition to or independent of all other penalties	1787
provided by law, the offender's driver's or commercial driver's	1788
license or permit or nonresident operating privilege shall be	1789
suspended in accordance with, and for the period of time specified	1790
in, division (E) of section 4507.16 of the Revised Code.	1791

(O) Whoever violates section 4511.62 of the Revised Code is	1792
guilty of a misdemeanor of the fourth degree.	1793

(P) Whoever violates division (F)(1)(a) or (b) of section	1794
4511.69 of the Revised Code is guilty of a misdemeanor and shall	1795
be fined not less than two hundred fifty nor more than five	1796
hundred dollars, but in no case shall an offender be sentenced to	1797
any term of imprisonment.	1798

Arrest or conviction for a violation of division (F)(1)(a) or	1799
(b) of section 4511.69 of the Revised Code does not constitute a	1800
criminal record and need not be reported by the person so arrested	1801
or convicted in response to any inquiries contained in any	1802
application for employment, license, or other right or privilege,	1803
or made in connection with the person's appearance as a witness.	1804

Every fine collected under this division shall be paid by the	1805
clerk of the court to the political subdivision in which the	1806
violation occurred. Except as provided in this division, the	1807
political subdivision shall use the fine moneys it receives under	1808
this division to pay the expenses it incurs in complying with the	1809
signage and notice requirements contained in division (E) of	1810
section 4511.69 of the Revised Code. The political subdivision may	1811
use up to fifty per cent of each fine it receives under this	1812
division to pay the costs of educational, advocacy, support, and	1813
assistive technology programs for persons with disabilities, and	1814
for public improvements within the political subdivision that	1815
benefit or assist persons with disabilities, if governmental	1816
agencies or nonprofit organizations offer the programs.	1817

(Q)(1) Whoever violates division (B) or (C) of section	1818
4511.512 of the Revised Code is guilty of a minor misdemeanor and	1819
shall be punished as follows:	1820

(a) The offender shall be fined ten dollars.

1821

(b) If the offender previously has been convicted of or	1822
pleaded guilty to a violation of division (B) or (C) of section	1823
4511.512 of the Revised Code or a substantially similar municipal	1824
ordinance, the court, in addition to imposing the fine required	1825
under division (Q)(1)(a) of this section, shall do one of the	1826
following:	1827

(i) Order the impoundment for not less than one day but not	1828
more than thirty days of the electric personal assistive mobility	1829
device that was involved in the current violation of that	1830
division. The court shall order the device to be impounded at a	1831
safe indoor location designated by the court and may assess	1832
storage fees of not more than five dollars per day, provided the	1833
total storage, processing, and release fees assessed against the	1834
offender or the device in connection with the device's impoundment	1835
or subsequent release shall not exceed fifty dollars.	1836

(ii) If the court does not issue an impoundment order	1837
pursuant to division (Q)(1)(b)(i) of this section, issue an order	1838
prohibiting the offender from operating any electric personal	1839
assistive mobility device on the public streets, highways,	1840
sidewalks, and paths and portions of roadways set aside for the	1841
exclusive use of bicycles for not less than one day but not more	1842
than thirty days.	1843

(2) Whoever violates division (D) of section 4511.512 of the	1844
Revised Code is guilty of a minor misdemeanor.	1845

Section 2. That existing sections 2929.01, 2929.13, 2929.21,	1846
and 4511.99 of the Revised Code are hereby repealed.	1847

Section 3. That sections 2929.01, 2929.13, and 4511.19 of the	1848
Revised Code that are scheduled to take effect on January 1, 2004,	1849
be amended to read as follows:	1850

Sec. 2929.01.  As used in this chapter:

1851

(A)(1) "Alternative residential facility" means, subject to	1852
division (A)(2) of this section, any facility other than an	1853
offender's home or residence in which an offender is assigned to	1854
live and that satisfies all of the following criteria:	1855

(a) It provides programs through which the offender may seek	1856
or maintain employment or may receive education, training,	1857
treatment, or habilitation.	1858

(b) It has received the appropriate license or certificate	1859
for any specialized education, training, treatment, habilitation,	1860
or other service that it provides from the government agency that	1861
is responsible for licensing or certifying that type of education,	1862
training, treatment, habilitation, or service.	1863

(2) "Alternative residential facility" does not include a	1864
community-based correctional facility, jail, halfway house, or	1865
prison.	1866

(B) "Bad time" means the time by which the parole board	1867
administratively extends an offender's stated prison term or terms	1868
pursuant to section 2967.11 of the Revised Code because the parole	1869
board finds by clear and convincing evidence that the offender,	1870
while serving the prison term or terms, committed an act that is a	1871
criminal offense under the law of this state or the United States,	1872
whether or not the offender is prosecuted for the commission of	1873
that act.	1874

(C) "Basic probation supervision" means a requirement that	1875
the offender maintain contact with a person appointed to supervise	1876
the offender in accordance with sanctions imposed by the court or	1877
imposed by the parole board pursuant to section 2967.28 of the	1878
Revised Code. "Basic probation supervision" includes basic parole	1879
supervision and basic post-release control supervision.	1880

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	1881
"unit dose" have the same meanings as in section 2925.01 of the	1882
Revised Code.	1883

(E) "Community-based correctional facility" means a	1884
community-based correctional facility and program or district	1885
community-based correctional facility and program developed	1886
pursuant to sections 2301.51 to 2301.56 of the Revised Code.	1887

(F) "Community control sanction" means a sanction that is not	1888
a prison term and that is described in section 2929.15, 2929.16,	1889
2929.17, or 2929.18 of the Revised Code.	1890

(G) "Controlled substance," "marihuana," "schedule I," and	1891
"schedule II" have the same meanings as in section 3719.01 of the	1892
Revised Code.	1893

(H) "Curfew" means a requirement that an offender during a	1894
specified period of time be at a designated place.	1895

(I) "Day reporting" means a sanction pursuant to which an	1896
offender is required each day to report to and leave a center or	1897
other approved reporting location at specified times in order to	1898
participate in work, education or training, treatment, and other	1899
approved programs at the center or outside the center.	1900

(J) "Deadly weapon" has the same meaning as in section	1901
2923.11 of the Revised Code.	1902

(K) "Drug and alcohol use monitoring" means a program under	1903
which an offender agrees to submit to random chemical analysis of	1904
the offender's blood, breath, or urine to determine whether the	1905
offender has ingested any alcohol or other drugs.	1906

(L) "Drug treatment program" means any program under which a	1907
person undergoes assessment and treatment designed to reduce or	1908
completely eliminate the person's physical or emotional reliance	1909
upon alcohol, another drug, or alcohol and another drug and under	1910
which the person may be required to receive assessment and	1911
treatment on an outpatient basis or may be required to reside at a	1912
facility other than the person's home or residence while	1913
undergoing assessment and treatment.	1914

(M) "Economic loss" means any economic detriment suffered by	1915
a victim as a result of the commission of a felony and includes	1916
any loss of income due to lost time at work because of any injury	1917
caused to the victim, and any property loss, medical cost, or	1918
funeral expense incurred as a result of the commission of the	1919
felony.	1920

(N) "Education or training" includes study at, or in	1921
conjunction with a program offered by, a university, college, or	1922
technical college or vocational study and also includes the	1923
completion of primary school, secondary school, and literacy	1924
curricula or their equivalent.	1925

(O) "Electronically monitored house arrest" has the same	1926
meaning as in section 2929.23 of the Revised Code.	1927

(P) "Eligible offender" has the same meaning as in section	1928
2929.23 of the Revised Code except as otherwise specified in	1929
section 2929.20 of the Revised Code.	1930

(Q) "Firearm" has the same meaning as in section 2923.11 of	1931
the Revised Code.	1932

(R) "Halfway house" means a facility licensed by the division	1933
of parole and community services of the department of	1934
rehabilitation and correction pursuant to section 2967.14 of the	1935
Revised Code as a suitable facility for the care and treatment of	1936
adult offenders.	1937

(S) "House arrest" means a period of confinement of an	1938
eligible offender that is in the eligible offender's home or in	1939
other premises specified by the sentencing court or by the parole	1940
board pursuant to section 2967.28 of the Revised Code, that may be	1941
electronically monitored house arrest, and during which all of the	1942
following apply:	1943

(1) The eligible offender is required to remain in the	1944
eligible offender's home or other specified premises for the	1945
specified period of confinement, except for periods of time during	1946
which the eligible offender is at the eligible offender's place of	1947
employment or at other premises as authorized by the sentencing	1948
court or by the parole board.	1949

(2) The eligible offender is required to report periodically	1950
to a person designated by the court or parole board.	1951

(3) The eligible offender is subject to any other	1952
restrictions and requirements that may be imposed by the	1953
sentencing court or by the parole board.	1954

(T) "Intensive probation supervision" means a requirement	1955
that an offender maintain frequent contact with a person appointed	1956
by the court, or by the parole board pursuant to section 2967.28	1957
of the Revised Code, to supervise the offender while the offender	1958
is seeking or maintaining necessary employment and participating	1959
in training, education, and treatment programs as required in the	1960
court's or parole board's order. "Intensive probation supervision"	1961
includes intensive parole supervision and intensive post-release	1962
control supervision.	1963

(U) "Jail" means a jail, workhouse, minimum security jail, or	1964
other residential facility used for the confinement of alleged or	1965
convicted offenders that is operated by a political subdivision or	1966
a combination of political subdivisions of this state.	1967

(V) "Delinquent child" has the same meaning as in section	1968
2152.02 of the Revised Code.	1969

(W) "License violation report" means a report that is made by	1970
a sentencing court, or by the parole board pursuant to section	1971
2967.28 of the Revised Code, to the regulatory or licensing board	1972
or agency that issued an offender a professional license or a	1973
license or permit to do business in this state and that specifies	1974
that the offender has been convicted of or pleaded guilty to an	1975
offense that may violate the conditions under which the offender's	1976
professional license or license or permit to do business in this	1977
state was granted or an offense for which the offender's	1978
professional license or license or permit to do business in this	1979
state may be revoked or suspended.	1980

(X) "Major drug offender" means an offender who is convicted	1981
of or pleads guilty to the possession of, sale of, or offer to	1982
sell any drug, compound, mixture, preparation, or substance that	1983
consists of or contains at least one thousand grams of hashish; at	1984
least one hundred grams of crack cocaine; at least one thousand	1985
grams of cocaine that is not crack cocaine; at least two thousand	1986
five hundred unit doses or two hundred fifty grams of heroin; at	1987
least five thousand unit doses of L.S.D. or five hundred grams of	1988
L.S.D. in a liquid concentrate, liquid extract, or liquid	1989
distillate form; or at least one hundred times the amount of any	1990
other schedule I or II controlled substance other than marihuana	1991
that is necessary to commit a felony of the third degree pursuant	1992
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	1993
Code that is based on the possession of, sale of, or offer to sell	1994
the controlled substance.	1995

(Y) "Mandatory prison term" means any of the following:

1996

(1) Subject to division (Y)(2) of this section, the term in	1997
prison that must be imposed for the offenses or circumstances set	1998
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and	1999
division (D) of section 2929.14 of the Revised Code. Except as	2000
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and	2001
2925.11 of the Revised Code, unless the maximum or another	2002
specific term is required under section 2929.14 of the Revised	2003
Code, a mandatory prison term described in this division may be	2004
any prison term authorized for the level of offense.	2005

(2) The term of sixty or one hundred twenty days in prison	2006
that a sentencing court is required to impose for a third or	2007
fourth degree felony OVI offense pursuant to division (G)(2) of	2008
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	2009
of the Revised Code or the term of one, two, three, four, or five	2010
years in prison that a sentencing court is required to impose	2011
pursuant to division (G)(2) of section 2929.13 of the Revised	2012
Code.	2013

(3) The term in prison imposed pursuant to section 2971.03 of	2014
the Revised Code for the offenses and in the circumstances	2015
described in division (F)(11) of section 2929.13 of the Revised	2016
Code and that term as modified or terminated pursuant to section	2017
2971.05 of the Revised Code.	2018

(Z) "Monitored time" means a period of time during which an	2019
offender continues to be under the control of the sentencing court	2020
or parole board, subject to no conditions other than leading a	2021
law-abiding life.	2022

(AA) "Offender" means a person who, in this state, is	2023
convicted of or pleads guilty to a felony or a misdemeanor.	2024

(BB) "Prison" means a residential facility used for the	2025
confinement of convicted felony offenders that is under the	2026
control of the department of rehabilitation and correction but	2027
does not include a violation sanction center operated under	2028
authority of section 2967.141 of the Revised Code.	2029

(CC) "Prison term" includes any of the following sanctions	2030
for an offender:	2031

(1) A stated prison term;

2032

(2) A term in a prison shortened by, or with the approval of,	2033
the sentencing court pursuant to section 2929.20, 2967.26,	2034
5120.031, 5120.032, or 5120.073 of the Revised Code;	2035

(3) A term in prison extended by bad time imposed pursuant to	2036
section 2967.11 of the Revised Code or imposed for a violation of	2037
post-release control pursuant to section 2967.28 of the Revised	2038
Code.	2039

(DD) "Repeat violent offender" means a person about whom both	2040
of the following apply:	2041

(1) The person has been convicted of or has pleaded guilty	2042
to, and is being sentenced for committing, for complicity in	2043
committing, or for an attempt to commit, aggravated murder,	2044
murder, involuntary manslaughter, a felony of the first degree	2045
other than one set forth in Chapter 2925. of the Revised Code, a	2046
felony of the first degree set forth in Chapter 2925. of the	2047
Revised Code that involved an attempt to cause serious physical	2048
harm to a person or that resulted in serious physical harm to a	2049
person, or a felony of the second degree that involved an attempt	2050
to cause serious physical harm to a person or that resulted in	2051
serious physical harm to a person.	2052

(2) Either of the following applies:

2053

(a) The person previously was convicted of or pleaded guilty	2054
to, and previously served or, at the time of the offense was	2055
serving, a prison term for, any of the following:	2056

(i) Aggravated murder, murder, involuntary manslaughter,	2057
rape, felonious sexual penetration as it existed under section	2058
2907.12 of the Revised Code prior to September 3, 1996, a felony	2059
of the first or second degree that resulted in the death of a	2060
person or in physical harm to a person, or complicity in or an	2061
attempt to commit any of those offenses;	2062

(ii) An offense under an existing or former law of this	2063
state, another state, or the United States that is or was	2064
substantially equivalent to an offense listed under division	2065
(DD)(2)(a)(i) of this section and that resulted in the death of a	2066
person or in physical harm to a person.	2067

(b) The person previously was adjudicated a delinquent child	2068
for committing an act that if committed by an adult would have	2069
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	2070
section, the person was committed to the department of youth	2071
services for that delinquent act.	2072

(EE) "Sanction" means any penalty imposed upon an offender	2073
who is convicted of or pleads guilty to an offense, as punishment	2074
for the offense. "Sanction" includes any sanction imposed pursuant	2075
to any provision of sections 2929.14 to 2929.18 of the Revised	2076
Code.	2077

(FF) "Sentence" means the sanction or combination of	2078
sanctions imposed by the sentencing court on an offender who is	2079
convicted of or pleads guilty to a felony.	2080

(GG) "Stated prison term" means the prison term, mandatory	2081
prison term, or combination of all prison terms and mandatory	2082
prison terms imposed by the sentencing court pursuant to section	2083
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	2084
includes any credit received by the offender for time spent in	2085
jail awaiting trial, sentencing, or transfer to prison for the	2086
offense and any time spent under house arrest or electronically	2087
monitored house arrest imposed after earning credits pursuant to	2088
section 2967.193 of the Revised Code.	2089

(HH) "Victim-offender mediation" means a reconciliation or	2090
mediation program that involves an offender and the victim of the	2091
offense committed by the offender and that includes a meeting in	2092
which the offender and the victim may discuss the offense, discuss	2093
restitution, and consider other sanctions for the offense.	2094

(II) "Fourth degree felony OVI offense" means a violation of	2095
division (A) of section 4511.19 of the Revised Code that, under	2096
division (G) of that section, is a felony of the fourth degree.	2097

(JJ) "Mandatory term of local incarceration" means the term	2098
of sixty or one hundred twenty days in a jail, a community-based	2099
correctional facility, a halfway house, or an alternative	2100
residential facility that a sentencing court may impose upon a	2101
person who is convicted of or pleads guilty to a fourth degree	2102
felony OVI offense pursuant to division (G)(1) of section 2929.13	2103
of the Revised Code and division (G)(1)(d) or (e) of section	2104
4511.19 of the Revised Code.	2105

(KK) "Designated homicide, assault, or kidnapping offense,"	2106
"sexual motivation specification," "sexually violent offense,"	2107
"sexually violent predator," and "sexually violent predator	2108
specification" have the same meanings as in section 2971.01 of the	2109
Revised Code.	2110

(LL) "Habitual sex offender," "sexually oriented offense,"	2111
and "sexual predator" have the same meanings as in section 2950.01	2112
of the Revised Code.	2113

(MM) An offense is "committed in the vicinity of a child" if	2114
the offender commits the offense within thirty feet of or within	2115
the same residential unit as a child who is under eighteen years	2116
of age, regardless of whether the offender knows the age of the	2117
child or whether the offender knows the offense is being committed	2118
within thirty feet of or within the same residential unit as the	2119
child and regardless of whether the child actually views the	2120
commission of the offense.	2121

(NN) "Family or household member" has the same meaning as in	2122
section 2919.25 of the Revised Code.	2123

(OO) "Motor vehicle" and "manufactured home" have the same	2124
meanings as in section 4501.01 of the Revised Code.	2125

(PP) "Detention" and "detention facility" have the same	2126
meanings as in section 2921.01 of the Revised Code.	2127

(QQ) "Third degree felony OVI offense" means a violation of	2128
division (A) of section 4511.19 of the Revised Code that, under	2129
division (G) of that section, is a felony of the third degree.	2130

(RR) "Random drug testing" has the same meaning as in section	2131
5120.63 of the Revised Code.	2132

(SS) "Felony sex offense" has the same meaning as in section	2133
2957.28 of the Revised Code.	2134

(TT) "Body armor" has the same meaning as in section	2135
2941.1411 of the Revised Code.	2136

Sec. 2929.13.  (A) Except as provided in division (E), (F),	2137
or (G) of this section and unless a specific sanction is required	2138
to be imposed or is precluded from being imposed pursuant to law,	2139
a court that imposes a sentence upon an offender for a felony may	2140
impose any sanction or combination of sanctions on the offender	2141
that are provided in sections 2929.14 to 2929.18 of the Revised	2142
Code. The sentence shall not impose an unnecessary burden on state	2143
or local government resources.	2144

If the offender is eligible to be sentenced to community	2145
control sanctions, the court shall consider the appropriateness of	2146
imposing a financial sanction pursuant to section 2929.18 of the	2147
Revised Code or a sanction of community service pursuant to	2148
section 2929.17 of the Revised Code as the sole sanction for the	2149
offense. Except as otherwise provided in this division, if the	2150
court is required to impose a mandatory prison term for the	2151
offense for which sentence is being imposed, the court also may	2152
impose a financial sanction pursuant to section 2929.18 of the	2153
Revised Code but may not impose any additional sanction or	2154
combination of sanctions under section 2929.16 or 2929.17 of the	2155
Revised Code.	2156

If the offender is being sentenced for a fourth degree felony	2157
OVI offense or for a third degree felony OVI offense, in addition	2158
to the mandatory term of local incarceration or the mandatory	2159
prison term required for the offense by division (G)(1) or (2) of	2160
this section, the court shall impose upon the offender a mandatory	2161
fine in accordance with division (B)(3) of section 2929.18 of the	2162
Revised Code and may impose whichever of the following is	2163
applicable:	2164

(1) For a fourth degree felony OVI offense for which sentence	2165
is imposed under division (G)(1) of this section, an additional	2166
community control sanction or combination of community control	2167
sanctions under section 2929.16 or 2929.17 of the Revised Code;	2168

(2) For a third or fourth degree felony OVI offense for which	2169
sentence is imposed under division (G)(2) of this section, an	2170
additional prison term as described in division (D)(4) of section	2171
2929.14 of the Revised Code.	2172

(B)(1) Except as provided in division (B)(2), (E), (F), or	2173
(G) of this section, in sentencing an offender for a felony of the	2174
fourth or fifth degree, the sentencing court shall determine	2175
whether any of the following apply:	2176

(a) In committing the offense, the offender caused physical	2177
harm to a person.	2178

(b) In committing the offense, the offender attempted to	2179
cause or made an actual threat of physical harm to a person with a	2180
deadly weapon.	2181

(c) In committing the offense, the offender attempted to	2182
cause or made an actual threat of physical harm to a person, and	2183
the offender previously was convicted of an offense that caused	2184
physical harm to a person.	2185

(d) The offender held a public office or position of trust	2186
and the offense related to that office or position; the offender's	2187
position obliged the offender to prevent the offense or to bring	2188
those committing it to justice; or the offender's professional	2189
reputation or position facilitated the offense or was likely to	2190
influence the future conduct of others.	2191

(e) The offender committed the offense for hire or as part of	2192
an organized criminal activity.	2193

(f) The offense is a sex offense that is a fourth or fifth	2194
degree felony violation of section 2907.03, 2907.04, 2907.05,	2195
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	2196
Revised Code.	2197

(g) The offender at the time of the offense was serving, or	2198
the offender previously had served, a prison term.	2199

(h) The offender committed the offense while under a	2200
community control sanction, while on probation, or while released	2201
from custody on a bond or personal recognizance.	2202

(i) The offender committed the offense while in possession of	2203
a firearm.	2204

(2)(a) If the court makes a finding described in division	2205
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	2206
section and if the court, after considering the factors set forth	2207
in section 2929.12 of the Revised Code, finds that a prison term	2208
is consistent with the purposes and principles of sentencing set	2209
forth in section 2929.11 of the Revised Code and finds that the	2210
offender is not amenable to an available community control	2211
sanction, the court shall impose a prison term upon the offender.	2212

(b) Except as provided in division (E), (F), or (G) of this	2213
section, if the court does not make a finding described in	2214
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	2215
this section and if the court, after considering the factors set	2216
forth in section 2929.12 of the Revised Code, finds that a	2217
community control sanction or combination of community control	2218
sanctions is consistent with the purposes and principles of	2219
sentencing set forth in section 2929.11 of the Revised Code, the	2220
court shall impose a community control sanction or combination of	2221
community control sanctions upon the offender.	2222

(C) Except as provided in division (E), (F), or (G) of this	2223
section, in determining whether to impose a prison term as a	2224
sanction for a felony of the third degree or a felony drug offense	2225
that is a violation of a provision of Chapter 2925. of the Revised	2226
Code and that is specified as being subject to this division for	2227
purposes of sentencing, the sentencing court shall comply with the	2228
purposes and principles of sentencing under section 2929.11 of the	2229
Revised Code and with section 2929.12 of the Revised Code.	2230

(D) Except as provided in division (E) or (F) of this	2231
section, for a felony of the first or second degree and for a	2232
felony drug offense that is a violation of any provision of	2233
Chapter 2925., 3719., or 4729. of the Revised Code for which a	2234
presumption in favor of a prison term is specified as being	2235
applicable, it is presumed that a prison term is necessary in	2236
order to comply with the purposes and principles of sentencing	2237
under section 2929.11 of the Revised Code. Notwithstanding the	2238
presumption established under this division, the sentencing court	2239
may impose a community control sanction or a combination of	2240
community control sanctions instead of a prison term on an	2241
offender for a felony of the first or second degree or for a	2242
felony drug offense that is a violation of any provision of	2243
Chapter 2925., 3719., or 4729. of the Revised Code for which a	2244
presumption in favor of a prison term is specified as being	2245
applicable if it makes both of the following findings:	2246

(1) A community control sanction or a combination of	2247
community control sanctions would adequately punish the offender	2248
and protect the public from future crime, because the applicable	2249
factors under section 2929.12 of the Revised Code indicating a	2250
lesser likelihood of recidivism outweigh the applicable factors	2251
under that section indicating a greater likelihood of recidivism.	2252

(2) A community control sanction or a combination of	2253
community control sanctions would not demean the seriousness of	2254
the offense, because one or more factors under section 2929.12 of	2255
the Revised Code that indicate that the offender's conduct was	2256
less serious than conduct normally constituting the offense are	2257
applicable, and they outweigh the applicable factors under that	2258
section that indicate that the offender's conduct was more serious	2259
than conduct normally constituting the offense.	2260

(E)(1) Except as provided in division (F) of this section,	2261
for any drug offense that is a violation of any provision of	2262
Chapter 2925. of the Revised Code and that is a felony of the	2263
third, fourth, or fifth degree, the applicability of a presumption	2264
under division (D) of this section in favor of a prison term or of	2265
division (B) or (C) of this section in determining whether to	2266
impose a prison term for the offense shall be determined as	2267
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2268
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	2269
Revised Code, whichever is applicable regarding the violation.	2270

(2) If an offender who was convicted of or pleaded guilty to	2271
a felony violates the conditions of a community control sanction	2272
imposed for the offense solely by reason of producing positive	2273
results on a drug test, the court, as punishment for the violation	2274
of the sanction, shall not order that the offender be imprisoned	2275
unless the court determines on the record either of the following:	2276

(a) The offender had been ordered as a sanction for the	2277
felony to participate in a drug treatment program, in a drug	2278
education program, or in narcotics anonymous or a similar program,	2279
and the offender continued to use illegal drugs after a reasonable	2280
period of participation in the program.	2281

(b) The imprisonment of the offender for the violation is	2282
consistent with the purposes and principles of sentencing set	2283
forth in section 2929.11 of the Revised Code.	2284

(F) Notwithstanding divisions (A) to (E) of this section, the	2285
court shall impose a prison term or terms under sections 2929.02	2286
to 2929.06, section 2929.14, or section 2971.03 of the Revised	2287
Code and except as specifically provided in section 2929.20 or	2288
2967.191 of the Revised Code or when parole is authorized for the	2289
offense under section 2967.13 of the Revised Code shall not reduce	2290
the terms pursuant to section 2929.20, section 2967.193, or any	2291
other provision of Chapter 2967. or Chapter 5120. of the Revised	2292
Code for any of the following offenses:	2293

(1) Aggravated murder when death is not imposed or murder;

2294

(2) Any rape, regardless of whether force was involved and	2295
regardless of the age of the victim, or an attempt to commit rape	2296
if, had the offender completed the rape that was attempted, the	2297
offender would have been subject to a sentence of life	2298
imprisonment or life imprisonment without parole for the rape;	2299

(3) Gross sexual imposition or sexual battery, if the victim	2300
is under thirteen years of age, if the offender previously was	2301
convicted of or pleaded guilty to rape, the former offense of	2302
felonious sexual penetration, gross sexual imposition, or sexual	2303
battery, and if the victim of the previous offense was under	2304
thirteen years of age;	2305

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	2306
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	2307
requires the imposition of a prison term;	2308

(5) A first, second, or third degree felony drug offense for	2309
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2310
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	2311
4729.99 of the Revised Code, whichever is applicable regarding the	2312
violation, requires the imposition of a mandatory prison term;	2313

(6) Any offense that is a first or second degree felony and	2314
that is not set forth in division (F)(1), (2), (3), or (4) of this	2315
section, if the offender previously was convicted of or pleaded	2316
guilty to aggravated murder, murder, any first or second degree	2317
felony, or an offense under an existing or former law of this	2318
state, another state, or the United States that is or was	2319
substantially equivalent to one of those offenses;	2320

(7) Any offense that is a third degree felony and that is	2321
listed in division (DD)(1) of section 2929.01 of the Revised Code	2322
if the offender previously was convicted of or pleaded guilty to	2323
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	2324
section 2929.01 of the Revised Code;	2325

(8) Any offense, other than a violation of section 2923.12 of	2326
the Revised Code, that is a felony, if the offender had a firearm	2327
on or about the offender's person or under the offender's control	2328
while committing the felony, with respect to a portion of the	2329
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	2330
of the Revised Code for having the firearm;	2331

(9) Any offense of violence that is a felony, if the offender	2332
wore or carried body armor while committing the felony offense of	2333
violence, with respect to the portion of the sentence imposed	2334
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	2335
Code for wearing or carrying the body armor;	2336

(10) Corrupt activity in violation of section 2923.32 of the	2337
Revised Code when the most serious offense in the pattern of	2338
corrupt activity that is the basis of the offense is a felony of	2339
the first degree;	2340

(11) Any sexually violent offense for which the offender also	2341
is convicted of or pleads guilty to a sexually violent predator	2342
specification that was included in the indictment, count in the	2343
indictment, or information charging the sexually violent offense;	2344

(12) A violation of division (A)(1) or (2) of section 2921.36	2345
of the Revised Code, or a violation of division (C) of that	2346
section involving an item listed in division (A)(1) or (2) of that	2347
section, if the offender is an officer or employee of the	2348
department of rehabilitation and correction.	2349

(G) Notwithstanding divisions (A) to (E) of this section, if	2350
an offender is being sentenced for a fourth degree felony OVI	2351
offense or for a third degree felony OVI offense, the court shall	2352
impose upon the offender a mandatory term of local incarceration	2353
or a mandatory prison term in accordance with the following:	2354

(1) If the offender is being sentenced for a fourth degree	2355
felony OVI offense and if the offender has not pleaded guilty to	2356
and has not been convicted of a specification of the type	2357
described in section 2941.1413 of the Revised Code, the court may	2358
impose upon the offender a mandatory term of local incarceration	2359
of sixty days or one hundred twenty days as specified in division	2360
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	2361
not reduce the term pursuant to section 2929.20, 2967.193, or any	2362
other provision of the Revised Code. The court that imposes a	2363
mandatory term of local incarceration under this division shall	2364
specify whether the term is to be served in a jail, a	2365
community-based correctional facility, a halfway house, or an	2366
alternative residential facility, and the offender shall serve the	2367
term in the type of facility specified by the court. A mandatory	2368
term of local incarceration imposed under division (G)(1) of this	2369
section is not subject to extension under section 2967.11 of the	2370
Revised Code, to a period of post-release control under section	2371
2967.28 of the Revised Code, or to any other Revised Code	2372
provision that pertains to a prison term.	2373

(2) If the offender is being sentenced for a third degree	2374
felony OVI offense, or if the offender is being sentenced for a	2375
fourth degree felony OVI offense and the court does not impose a	2376
mandatory term of local incarceration under division (G)(1) of	2377
this section, the court shall impose upon the offender a mandatory	2378
prison term of one, two, three, four, or five years if the	2379
offender also pleads guilty to or also is convicted of a	2380
specification of the type described in section 2941.1413 of the	2381
Revised Code or shall impose upon the offender a mandatory prison	2382
term of sixty days or one hundred twenty days as specified in	2383
division (G)(1)(e) of section 4511.19 of the Revised Code if the	2384
offender has not pleaded guilty to and has not been convicted of a	2385
specification of that type. The court shall not reduce the term	2386
pursuant to section 2929.20, 2967.193, or any other provision of	2387
the Revised Code. The offender shall serve the one-, two-, three-,	2388
four-, or five-year mandatory prison term consecutively to and	2389
prior to the prison term imposed for the underlying offense and	2390
consecutively to any other mandatory prison term imposed in	2391
relation to the offense. In no case shall an offender who once has	2392
been sentenced to a mandatory term of local incarceration pursuant	2393
to division (G)(1) of this section for a fourth degree felony OVI	2394
offense be sentenced to another mandatory term of local	2395
incarceration under that division for any violation of division	2396
(A) of section 4511.19 of the Revised Code. The court shall not	2397
sentence the offender to a community control sanction under	2398
section 2929.16 or 2929.17 of the Revised Code. The department of	2399
rehabilitation and correction may place an offender sentenced to a	2400
mandatory prison term under this division in an intensive program	2401
prison established pursuant to section 5120.033 of the Revised	2402
Code if the department gave the sentencing judge prior notice of	2403
its intent to place the offender in an intensive program prison	2404
established under that section and if the judge did not notify the	2405
department that the judge disapproved the placement. Upon the	2406
establishment of the initial intensive program prison pursuant to	2407
section 5120.033 of the Revised Code that is privately operated	2408
and managed by a contractor pursuant to a contract entered into	2409
under section 9.06 of the Revised Code, both of the following	2410
apply:	2411

(a) The department of rehabilitation and correction shall	2412
make a reasonable effort to ensure that a sufficient number of	2413
offenders sentenced to a mandatory prison term under this division	2414
are placed in the privately operated and managed prison so that	2415
the privately operated and managed prison has full occupancy.	2416

(b) Unless the privately operated and managed prison has full	2417
occupancy, the department of rehabilitation and correction shall	2418
not place any offender sentenced to a mandatory prison term under	2419
this division in any intensive program prison established pursuant	2420
to section 5120.033 of the Revised Code other than the privately	2421
operated and managed prison.	2422

(H) If an offender is being sentenced for a sexually oriented	2423
offense committed on or after January 1, 1997, the judge shall	2424
require the offender to submit to a DNA specimen collection	2425
procedure pursuant to section 2901.07 of the Revised Code if	2426
either of the following applies:	2427

(1) The offense was a sexually violent offense, and the	2428
offender also was convicted of or pleaded guilty to a sexually	2429
violent predator specification that was included in the	2430
indictment, count in the indictment, or information charging the	2431
sexually violent offense.	2432

(2) The judge imposing sentence for the sexually oriented	2433
offense determines pursuant to division (B) of section 2950.09 of	2434
the Revised Code that the offender is a sexual predator.	2435

(I) If an offender is being sentenced for a sexually oriented	2436
offense committed on or after January 1, 1997, the judge shall	2437
include in the sentence a summary of the offender's duty to	2438
register pursuant to section 2950.04 of the Revised Code, the	2439
offender's duty to provide notice of a change in residence address	2440
and register the new residence address pursuant to section 2950.05	2441
of the Revised Code, the offender's duty to periodically verify	2442
the offender's current residence address pursuant to section	2443
2950.06 of the Revised Code, and the duration of the duties. The	2444
judge shall inform the offender, at the time of sentencing, of	2445
those duties and of their duration and, if required under division	2446
(A)(2) of section 2950.03 of the Revised Code, shall perform the	2447
duties specified in that section.	2448

(J)(1) Except as provided in division (J)(2) of this section,	2449
when considering sentencing factors under this section in relation	2450
to an offender who is convicted of or pleads guilty to an attempt	2451
to commit an offense in violation of section 2923.02 of the	2452
Revised Code, the sentencing court shall consider the factors	2453
applicable to the felony category of the violation of section	2454
2923.02 of the Revised Code instead of the factors applicable to	2455
the felony category of the offense attempted.	2456

(2) When considering sentencing factors under this section in	2457
relation to an offender who is convicted of or pleads guilty to an	2458
attempt to commit a drug abuse offense for which the penalty is	2459
determined by the amount or number of unit doses of the controlled	2460
substance involved in the drug abuse offense, the sentencing court	2461
shall consider the factors applicable to the felony category that	2462
the drug abuse offense attempted would be if that drug abuse	2463
offense had been committed and had involved an amount or number of	2464
unit doses of the controlled substance that is within the next	2465
lower range of controlled substance amounts than was involved in	2466
the attempt.	2467

(K) As used in this section, "drug abuse offense" has the	2468
same meaning as in section 2925.01 of the Revised Code.	2469

Sec. 4511.19.  (A) No person shall operate any vehicle,	2470
streetcar, or trackless trolley within this state, if, at the time	2471
of the operation, any of the following apply:	2472

(1) The person is under the influence of alcohol, a drug of	2473
abuse, or a combination of them;	2474

(2) The person has a concentration of ten-hundredths of one	2475
per cent or more but less than seventeen-hundredths of one per	2476
cent by weight per unit volume of alcohol in the person's whole	2477
blood;	2478

(3) The person has a concentration of twelve-hundredths of	2479
one per cent or more but less than two hundred four-thousandths of	2480
one per cent by weight per unit volume of alcohol in the person's	2481
blood serum or plasma;	2482

(4) The person has a concentration of ten-hundredths of one	2483
gram or more but less than seventeen-hundredths of one gram by	2484
weight of alcohol per two hundred ten liters of the person's	2485
breath;	2486

(5) The person has a concentration of fourteen-hundredths of	2487
one gram or more but less than two hundred	2488
thirty-eight-thousandths of one gram by weight of alcohol per one	2489
hundred milliliters of the person's urine;	2490

(6) The person has a concentration of seventeen-hundredths of	2491
one per cent or more by weight per unit volume of alcohol in the	2492
person's whole blood;	2493

(7) The person has a concentration of two hundred	2494
four-thousandths of one per cent or more by weight per unit volume	2495
of alcohol in the person's blood serum or plasma;	2496

(8) The person has a concentration of seventeen-hundredths of	2497
one gram or more by weight of alcohol per two hundred ten liters	2498
of the person's breath;	2499

(9) The person has a concentration of two hundred	2500
thirty-eight-thousandths of one gram or more by weight of alcohol	2501
per one hundred milliliters of the person's urine.	2502

(B) No person under twenty-one years of age shall operate any	2503
vehicle, streetcar, or trackless trolley within this state, if, at	2504
the time of the operation, any of the following apply:	2505

(1) The person has a concentration of at least two-hundredths	2506
of one per cent but less than ten-hundredths of one per cent by	2507
weight per unit volume of alcohol in the person's whole blood;	2508

(2) The person has a concentration of at least	2509
three-hundredths of one per cent but less than twelve-hundredths	2510
of one per cent by weight per unit volume of alcohol in the	2511
person's blood serum or plasma;	2512

(3) The person has a concentration of at least two-hundredths	2513
of one gram but less than ten-hundredths of one gram by weight of	2514
alcohol per two hundred ten liters of the person's breath;	2515

(4) The person has a concentration of at least twenty-eight	2516
one-thousandths of one gram but less than fourteen-hundredths of	2517
one gram by weight of alcohol per one hundred milliliters of the	2518
person's urine.	2519

(C) In any proceeding arising out of one incident, a person	2520
may be charged with a violation of division (A)(1) and a violation	2521
of division (B)(1), (2), or (3) of this section, but the person	2522
may not be convicted of more than one violation of these	2523
divisions.	2524

(D)(1) In any criminal prosecution or juvenile court	2525
proceeding for a violation of this section or for an equivalent	2526
offense, the court may admit evidence on the concentration of	2527
alcohol, drugs of abuse, or a combination of them in the	2528
defendant's whole blood, blood serum or plasma, breath, urine, or	2529
other bodily substance at the time of the alleged violation as	2530
shown by chemical analysis of the substance withdrawn within two	2531
hours of the time of the alleged violation.	2532

When a person submits to a blood test at the request of a	2533
law enforcement officer under section 4511.191 of the Revised	2534
Code, only a physician, a registered nurse, or a qualified	2535
technician, chemist, or phlebotomist shall withdraw blood for the	2536
purpose of determining the alcohol, drug, or alcohol and drug	2537
content of the whole blood, blood serum, or blood plasma. This	2538
limitation does not apply to the taking of breath or urine	2539
specimens. A person authorized to withdraw blood under this	2540
division may refuse to withdraw blood under this division, if in	2541
that person's opinion, the physical welfare of the person would be	2542
endangered by the withdrawing of blood.	2543

The bodily substance withdrawn shall be analyzed in	2544
accordance with methods approved by the director of health by an	2545
individual possessing a valid permit issued by the director	2546
pursuant to section 3701.143 of the Revised Code.	2547

(2) In a criminal prosecution or juvenile court proceeding	2548
for a violation of division (A) of this section or for an	2549
equivalent offense, if there was at the time the bodily substance	2550
was withdrawn a concentration of less than the applicable	2551
concentration of alcohol specified in divisions (A)(2), (3), (4),	2552
and (5) of this section, that fact may be considered with other	2553
competent evidence in determining the guilt or innocence of the	2554
defendant. This division does not limit or affect a criminal	2555
prosecution or juvenile court proceeding for a violation of	2556
division (B) of this section or for an equivalent offense that is	2557
substantially equivalent to that division.	2558

(3) Upon the request of the person who was tested, the	2559
results of the chemical test shall be made available to the person	2560
or the person's attorney, immediately upon the completion of the	2561
chemical test analysis.	2562

The person tested may have a physician, a registered nurse,	2563
or a qualified technician, chemist, or phlebotomist of the	2564
person's own choosing administer a chemical test or tests, at the	2565
person's expense, in addition to any administered at the request	2566
of a law enforcement officer. The form to be read to the person to	2567
be tested, as required under section 4511.192 of the Revised Code,	2568
shall state that the person may have an independent test performed	2569
at the person's expense. The failure or inability to obtain an	2570
additional chemical test by a person shall not preclude the	2571
admission of evidence relating to the chemical test or tests taken	2572
at the request of a law enforcement officer.	2573

(E)(1) Subject to division (E)(3) of this section, in any	2574
criminal prosecution or juvenile court proceeding for a violation	2575
of division (A)(2), (3), (4), (5), (6), (7), (8), or (9) or	2576
(B)(1), (2), (3), or (4) of this section or for an equivalent	2577
offense that is substantially equivalent to any of those	2578
divisions, a laboratory report from any forensic laboratory	2579
certified by the department of health that contains an analysis of	2580
the whole blood, blood serum or plasma, breath, urine, or other	2581
bodily substance tested and that contains all of the information	2582
specified in this division shall be admitted as prima-facie	2583
evidence of the information and statements that the report	2584
contains. The laboratory report shall contain all of the	2585
following:	2586

(a) The signature, under oath, of any person who performed	2587
the analysis;	2588

(b) Any findings as to the identity and quantity of alcohol,	2589
a drug of abuse, or a combination of them that was found;	2590

(c) A copy of a notarized statement by the laboratory	2591
director or a designee of the director that contains the name of	2592
each certified analyst or test performer involved with the report,	2593
the analyst's or test performer's employment relationship with the	2594
laboratory that issued the report, and a notation that performing	2595
an analysis of the type involved is part of the analyst's or test	2596
performer's regular duties;	2597

(d) An outline of the analyst's or test performer's	2598
education, training, and experience in performing the type of	2599
analysis involved and a certification that the laboratory	2600
satisfies appropriate quality control standards in general and, in	2601
this particular analysis, under rules of the department of health.	2602

(2) Notwithstanding any other provision of law regarding the	2603
admission of evidence, a report of the type described in division	2604
(E)(1) of this section is not admissible against the defendant to	2605
whom it pertains in any proceeding, other than a preliminary	2606
hearing or a grand jury proceeding, unless the prosecutor has	2607
served a copy of the report on the defendant's attorney or, if the	2608
defendant has no attorney, on the defendant.	2609

(3) A report of the type described in division (E)(1) of this	2610
section shall not be prima-facie evidence of the contents,	2611
identity, or amount of any substance if, within seven days after	2612
the defendant to whom the report pertains or the defendant's	2613
attorney receives a copy of the report, the defendant or the	2614
defendant's attorney demands the testimony of the person who	2615
signed the report. The judge in the case may extend the seven-day	2616
time limit in the interest of justice.	2617

(F) Except as otherwise provided in this division, any	2618
physician, registered nurse, or qualified technician, chemist, or	2619
phlebotomist who withdraws blood from a person pursuant to this	2620
section, and any hospital, first-aid station, or clinic at which	2621
blood is withdrawn from a person pursuant to this section, is	2622
immune from criminal liability and civil liability based upon a	2623
claim of assault and battery or any other claim that is not a	2624
claim of malpractice, for any act performed in withdrawing blood	2625
from the person. The immunity provided in this division is not	2626
available to a person who withdraws blood if the person engages in	2627
willful or wanton misconduct.	2628

(G)(1) Whoever violates any provision of divisions (A)(1) to	2629
(9) of this section is guilty of operating a vehicle under the	2630
influence of alcohol, a drug of abuse, or a combination of them.	2631
The court shall sentence the offender under Chapter 2929. of the	2632
Revised Code, except as otherwise authorized or required by	2633
divisions (G)(1)(a) to (e) of this section:	2634

(a) Except as otherwise provided in division (G)(1)(b), (c),	2635
(d), or (e) of this section, the offender is guilty of a	2636
misdemeanor of the first degree, and the court shall sentence the	2637
offender to all of the following:	2638

(i) If the sentence is being imposed for a violation of	2639
division (A)(1), (2), (3), (4), or (5) of this section, a	2640
mandatory jail term of three consecutive days. As used in this	2641
division, three consecutive days means seventy-two consecutive	2642
hours. The court may sentence an offender to both an intervention	2643
program and a jail term. The court may impose a jail term in	2644
addition to the three-day mandatory jail term or intervention	2645
program. However, in no case shall the cumulative jail term	2646
imposed for the offense exceed six months.	2647

The court may suspend the execution of the three-day jail	2648
term under this division if the court, in lieu of that suspended	2649
term, places the offender on probation and requires the offender	2650
to attend, for three consecutive days, a drivers' intervention	2651
program certified under section 3793.10 of the Revised Code. The	2652
court also may suspend the execution of any part of the three-day	2653
jail term under this division if it places the offender on	2654
probation for part of the three days, requires the offender to	2655
attend for the suspended part of the term a drivers' intervention	2656
program so certified, and sentences the offender to a jail term	2657
equal to the remainder of the three consecutive days that the	2658
offender does not spend attending the program. The court may	2659
require the offender, as a condition of probation and in addition	2660
to the required attendance at a drivers' intervention program, to	2661
attend and satisfactorily complete any treatment or education	2662
programs that comply with the minimum standards adopted pursuant	2663
to Chapter 3793. of the Revised Code by the director of alcohol	2664
and drug addiction services that the operators of the drivers'	2665
intervention program determine that the offender should attend and	2666
to report periodically to the court on the offender's progress in	2667
the programs. The court also may impose on the offender any other	2668
conditions of probation that it considers necessary.	2669

(ii) If the sentence is being imposed for a violation of	2670
division (A)(6), (7), (8), or (9) of this section, except as	2671
otherwise provided in this division, a mandatory jail term of at	2672
least three consecutive days and a requirement that the offender	2673
attend, for three consecutive days, a drivers' intervention	2674
program that is certified pursuant to section 3793.10 of the	2675
Revised Code. As used in this division, three consecutive days	2676
means seventy-two consecutive hours. If the court determines that	2677
the offender is not conducive to treatment in a drivers'	2678
intervention program, if the offender refuses to attend a drivers'	2679
intervention program, or if the jail at which the offender is to	2680
serve the jail term imposed can provide a driver's intervention	2681
program, the court shall sentence the offender to a mandatory jail	2682
term of at least six consecutive days.	2683

The court may require the offender, as a condition of	2684
probation, to attend and satisfactorily complete any treatment or	2685
education programs that comply with the minimum standards adopted	2686
pursuant to Chapter 3793. of the Revised Code by the director of	2687
alcohol and drug addiction services, in addition to the required	2688
attendance at drivers' intervention program, that the operators of	2689
the drivers' intervention program determine that the offender	2690
should attend and to report periodically to the court on the	2691
offender's progress in the programs. The court also may impose any	2692
other conditions of probation on the offender that it considers	2693
necessary.	2694

(iii) In all cases, a fine of not less than two hundred fifty	2695
and not more than one thousand dollars;	2696

(iv) In all cases, a class five license suspension of the	2697
offender's driver's or commercial driver's license or permit or	2698
nonresident operating privilege from the range specified in	2699
division (A)(5) of section 4510.02 of the Revised Code. The court	2700
may grant limited driving privileges relative to the suspension	2701
under sections 4510.021 and 4510.13 of the Revised Code.	2702

(b) Except as otherwise provided in division (G)(1)(e) of	2703
this section, an offender who, within six years of the offense,	2704
previously has been convicted of or pleaded guilty to one	2705
violation of division (A) or (B) of this section or one other	2706
equivalent offense is guilty of a misdemeanor of the first degree.	2707
The court shall sentence the offender to all of the following:	2708

(i) If the sentence is being imposed for a violation of	2709
division (A)(1), (2), (3), (4), or (5) of this section, a	2710
mandatory jail term of ten consecutive days. The court shall	2711
impose the ten-day mandatory jail term under this division unless,	2712
subject to division (G)(3) of this section, it instead imposes a	2713
sentence under that division consisting of both a jail term and a	2714
term of electronically monitored house arrest. The court may	2715
impose a jail term in addition to the ten-day mandatory jail term.	2716
The cumulative jail term imposed for the offense shall not exceed	2717
six months.	2718

In addition to the jail term or the term of electronically	2719
monitored house arrest and jail term, the court may require the	2720
offender to attend a drivers' intervention program that is	2721
certified pursuant to section 3793.10 of the Revised Code. If the	2722
operator of the program determines that the offender is alcohol	2723
dependent, the program shall notify the court, and, subject to	2724
division (I) of this section, the court shall order the offender	2725
to obtain treatment through an alcohol and drug addiction program	2726
authorized by section 3793.02 of the Revised Code.	2727

(ii) If the sentence is being imposed for a violation of	2728
division (A)(6), (7), (8), or (9) of this section, except as	2729
otherwise provided in this division, a mandatory jail term of	2730
twenty consecutive days. The court shall impose the twenty-day	2731
mandatory jail term under this division unless, subject to	2732
division (G)(3) of this section, it instead imposes a sentence	2733
under that division consisting of both a jail term and a term of	2734
electronically monitored house arrest. The court may impose a jail	2735
term in addition to the twenty-day mandatory jail term. The	2736
cumulative jail term imposed for the offense shall not exceed six	2737
months.	2738

In addition to the jail term or the term of electronically	2739
monitored house arrest and jail term, the court may require the	2740
offender to attend a driver's intervention program that is	2741
certified pursuant to section 3793.10 of the Revised Code. If the	2742
operator of the program determines that the offender is alcohol	2743
dependent, the program shall notify the court, and, subject to	2744
division (I) of this section, the court shall order the offender	2745
to obtain treatment through an alcohol and drug addiction program	2746
authorized by section 3793.02 of the Revised Code.	2747

(iii) In all cases, notwithstanding the fines set forth in	2748
Chapter 2929. of the Revised Code, a fine of not less than three	2749
hundred fifty and not more than one thousand five hundred dollars;	2750

(iv) In all cases, a class four license suspension of the	2751
offender's driver's license, commercial driver's license,	2752
temporary instruction permit, probationary license, or nonresident	2753
operating privilege from the range specified in division (A)(4) of	2754
section 4510.02 of the Revised Code. The court may grant limited	2755
driving privileges relative to the suspension under sections	2756
4510.021 and 4510.13 of the Revised Code.	2757

(v) In all cases, if the vehicle is registered in the	2758
offender's name, immobilization of the vehicle involved in the	2759
offense for ninety days in accordance with section 4503.233 of the	2760
Revised Code and impoundment of the license plates of that vehicle	2761
for ninety days.	2762

(c) Except as otherwise provided in division (G)(1)(e) of	2763
this section, an offender who, within six years of the offense,	2764
previously has been convicted of or pleaded guilty to two	2765
violations of division (A) or (B) of this section or other	2766
equivalent offenses is guilty of a misdemeanor. The court shall	2767
sentence the offender to all of the following:	2768

(i) If the sentence is being imposed for a violation of	2769
division (A)(1), (2), (3), (4), or (5) of this section, a	2770
mandatory jail term of thirty consecutive days. The court shall	2771
impose the thirty-day mandatory jail term under this division	2772
unless, subject to division (G)(3) of this section, it instead	2773
imposes a sentence under that division consisting of both a jail	2774
term and a term of electronically monitored house arrest. The	2775
court may impose a jail term in addition to the thirty-day	2776
mandatory jail term. Notwithstanding the terms of imprisonment set	2777
forth in Chapter 2929. of the Revised Code, the additional jail	2778
term shall not exceed one year, and the cumulative jail term	2779
imposed for the offense shall not exceed one year.	2780

(ii) If the sentence is being imposed for a violation of	2781
division (A)(6), (7), (8), or (9) of this section, a mandatory	2782
jail term of sixty consecutive days. The court shall impose the	2783
sixty-day mandatory jail term under this division unless, subject	2784
to division (G)(3) of this section, it instead imposes a sentence	2785
under that division consisting of both a jail term and a term of	2786
electronically monitored house arrest. The court may impose a jail	2787
term in addition to the sixty-day mandatory jail term.	2788
Notwithstanding the terms of imprisonment set forth in Chapter	2789
2929. of the Revised Code, the additional jail term shall not	2790
exceed one year, and the cumulative jail term imposed for the	2791
offense shall not exceed one year.	2792

(iii) In all cases, notwithstanding the fines set forth in	2793
Chapter 2929. of the Revised Code, a fine of not less than five	2794
hundred fifty and not more than two thousand five hundred dollars;	2795

(iv) In all cases, a class three license suspension of the	2796
offender's driver's license, commercial driver's license,	2797
temporary instruction permit, probationary license, or nonresident	2798
operating privilege from the range specified in division (A)(3) of	2799
section 4510.02 of the Revised Code. The court may grant limited	2800
driving privileges relative to the suspension under sections	2801
4510.021 and 4510.13 of the Revised Code.	2802

(v) In all cases, if the vehicle is registered in the	2803
offender's name, criminal forfeiture of the vehicle involved in	2804
the offense in accordance with section 4503.234 of the Revised	2805
Code. Division (G)(6) of this section applies regarding any	2806
vehicle that is subject to an order of criminal forfeiture under	2807
this division.	2808

(vi) In all cases, participation in an alcohol and drug	2809
addiction program authorized by section 3793.02 of the Revised	2810
Code, subject to division (I) of this section.	2811

(d) Except as otherwise provided in division (G)(1)(e) of	2812
this section, an offender who, within six years of the offense,	2813
previously has been convicted of or pleaded guilty to three or	2814
morefour violations of division (A) or (B) of this section or	2815
other equivalent offenses or an offender who, regardless of when	2816
any of the prior convictions or guilty pleas occurred, previously	2817
has been convicted of or pleaded guilty to five or more violations	2818
of that nature is guilty of a felony of the fourth degree. The	2819
court shall sentence the offender to all of the following:	2820

(i) If the sentence is being imposed for a violation of	2821
division (A)(1), (2), (3), (4), or (5) of this section, a	2822
mandatory prison term of one, two, three, four, or five years as	2823
required by and in accordance with division (G)(2) of section	2824
2929.13 of the Revised Code if the offender also is convicted of	2825
or also pleads guilty to a specification of the type described in	2826
section 2941.1413 of the Revised Code or, in the discretion of the	2827
court, either a mandatory term of local incarceration of sixty	2828
consecutive days in accordance with division (G)(1) of section	2829
2929.13 of the Revised Code or a mandatory prison term of sixty	2830
consecutive days of imprisonment in accordance with division	2831
(G)(2) of that section if the offender is not convicted of and	2832
does not plead guilty to a specification of that type. If the	2833
court imposes a mandatory term of local incarceration, it may	2834
impose a jail term in addition to the sixty-day mandatory term,	2835
the cumulative total of the mandatory term and the jail term for	2836
the offense shall not exceed one year, and no prison term is	2837
authorized for the offense. If the court imposes a mandatory	2838
prison term, notwithstanding division (A)(4) of section 2929.14 of	2839
the Revised Code, it also may sentence the offender to a definite	2840
prison term that shall be not less than six months and not more	2841
than thirty months, the prison terms shall be imposed as described	2842
in division (G)(2) of section 2929.13 of the Revised Code, and no	2843
term of local incarceration, community residential sanction, or	2844
nonresidential sanction is authorized for the offense.	2845

(ii) If the sentence is being imposed for a violation of	2846
division (A)(6), (7), (8), or (9) of this section, a mandatory	2847
prison term of one, two, three, four, or five years as required by	2848
and in accordance with division (G)(2) of section 2929.13 of the	2849
Revised Code if the offender also is convicted of or also pleads	2850
guilty to a specification of the type described in section	2851
2941.1413 of the Revised Code or, in the discretion of the court,	2852
either a mandatory term of local incarceration of one hundred	2853
twenty consecutive days in accordance with division (G)(1) of	2854
section 2929.13 of the Revised Code or a mandatory prison term of	2855
one hundred twenty consecutive days in accordance with division	2856
(G)(2) of that section if the offender is not convicted of and	2857
does not plead guilty to a specification of that type. If the	2858
court imposes a mandatory term of local incarceration, it may	2859
impose a jail term in addition to the one hundred twenty-day	2860
mandatory term, the cumulative total of the mandatory term and the	2861
jail term for the offense shall not exceed one year, and no prison	2862
term is authorized for the offense. If the court imposes a	2863
mandatory prison term, notwithstanding division (A)(4) of section	2864
2929.14 of the Revised Code, it also may sentence the offender to	2865
a definite prison term that shall be not less than six months and	2866
not more than thirty months, the prison terms shall be imposed as	2867
described in division (G)(2) of section 2929.13 of the Revised	2868
Code, and no term of local incarceration, community residential	2869
sanction, or nonresidential sanction is authorized for the	2870
offense.	2871

(iii) In all cases, notwithstanding section 2929.18 of the	2872
Revised Code, a fine of not less than eight hundred nor more than	2873
ten thousand dollars;	2874

(iv) In all cases, a class two license suspension of the	2875
offender's driver's license, commercial driver's license,	2876
temporary instruction permit, probationary license, or nonresident	2877
operating privilege from the range specified in division (A)(2) of	2878
section 4510.02 of the Revised Code. The court may grant limited	2879
driving privileges relative to the suspension under sections	2880
4510.021 and 4510.13 of the Revised Code.	2881

(v) In all cases, if the vehicle is registered in the	2882
offender's name, criminal forfeiture of the vehicle involved in	2883
the offense in accordance with section 4503.234 of the Revised	2884
Code. Division (G)(6) of this section applies regarding any	2885
vehicle that is subject to an order of criminal forfeiture under	2886
this division.	2887

(vi) In all cases, participation in an alcohol and drug	2888
addiction program authorized by section 3793.02 of the Revised	2889
Code, subject to division (I) of this section.	2890

(vii) In all cases, if the court sentences the offender to a	2891
mandatory term of local incarceration, in addition to the	2892
mandatory term, the court, pursuant to section 2929.17 of the	2893
Revised Code, may impose a term of electronically monitored house	2894
arrest. The term shall not commence until after the offender has	2895
served the mandatory term of local incarceration.	2896

(e) An offender who previously has been convicted of or	2897
pleaded guilty to a violation of division (A) of this section that	2898
was a felony, regardless of when the violation and the conviction	2899
or guilty plea occurred, is guilty of a felony of the third	2900
degree. The court shall sentence the offender to all of the	2901
following:	2902

(i) If the offender is being sentenced for a violation of	2903
division (A)(1), (2), (3), (4), or (5) of this section, a	2904
mandatory prison term of one, two, three, four, or five years as	2905
required by and in accordance with division (G)(2) of section	2906
2929.13 of the Revised Code if the offender also is convicted of	2907
or also pleads guilty to a specification of the type described in	2908
section 2941.1413 of the Revised Code or a mandatory prison term	2909
of sixty consecutive days in accordance with division (G)(2) of	2910
section 2929.13 of the Revised Code if the offender is not	2911
convicted of and does not plead guilty to a specification of that	2912
type. The court may impose a prison term in addition to the	2913
sixty-day mandatory prison term. The cumulative total of thea	2914
sixty-day mandatory prison term and the additional prison term for	2915
the offense shall not exceed five years. No term of local	2916
incarceration, community residential sanction, or nonresidential	2917
sanction is authorized for the offense.	2918

(ii) If the sentence is being imposed for a violation of	2919
division (A)(6), (7), (8), or (9) of this section, a mandatory	2920
prison term of one, two, three, four, or five years as required by	2921
and in accordance with division (G)(2) of section 2929.13 of the	2922
Revised Code if the offender also is convicted of or also pleads	2923
guilty to a specification of the type described in section	2924
2941.1413 of the Revised Code or a mandatory prison term of one	2925
hundred twenty consecutive days in accordance with division (G)(2)	2926
of section 2929.13 of the Revised Code if the offender is not	2927
convicted of and does not plead guilty to a specification of that	2928
type. The court may impose a prison term in addition to the one	2929
hundred twenty-day mandatory prison term. The cumulative total of	2930
thea one hundred twenty-day mandatory prison term and the	2931
additional prison term for the offense shall not exceed five	2932
years. No term of local incarceration, community residential	2933
sanction, or nonresidential sanction is authorized for the	2934
offense.	2935

(iii) In all cases, notwithstanding section 2929.18 of the	2936
Revised Code, a fine of not less than eight hundred nor more than	2937
ten thousand dollars;	2938

(iv) In all cases, a class two license suspension of the	2939
offender's driver's license, commercial driver's license,	2940
temporary instruction permit, probationary license, or nonresident	2941
operating privilege from the range specified in division (A)(2) of	2942
section 4510.02 of the Revised Code. The court may grant limited	2943
driving privileges relative to the suspension under sections	2944
4510.021 and 4510.13 of the Revised Code.	2945

(v) In all cases, if the vehicle is registered in the	2946
offender's name, criminal forfeiture of the vehicle involved in	2947
the offense in accordance with section 4503.234 of the Revised	2948
Code. Division (G)(6) of this section applies regarding any	2949
vehicle that is subject to an order of criminal forfeiture under	2950
this division.	2951

(vi) In all cases, participation in an alcohol and drug	2952
addiction program authorized by section 3793.02 of the Revised	2953
Code, subject to division (I) of this section.	2954

(2) An offender who is convicted of or pleads guilty to a	2955
violation of division (A) of this section and who subsequently	2956
seeks reinstatement of the driver's or occupational driver's	2957
license or permit or nonresident operating privilege suspended	2958
under this section as a result of the conviction or guilty plea	2959
shall pay a reinstatement fee as provided in division (F)(2) of	2960
section 4511.191 of the Revised Code.	2961

(3) If an offender is sentenced to a jail term under division	2962
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and	2963
if, within sixty days of sentencing of the offender, the court	2964
issues a written finding on the record that, due to the	2965
unavailability of space at the jail where the offender is required	2966
to serve the term, the offender will not be able to begin serving	2967
that term within the sixty-day period following the date of	2968
sentencing, the court may impose an alternative sentence under	2969
this division that includes a term of electronically monitored	2970
house arrest, as defined in section 2929.23 of the Revised Code.	2971

As an alternative to a mandatory jail term of ten consecutive	2972
days required by division (G)(1)(b)(i) of this section, the court,	2973
under this division, may sentence the offender to five consecutive	2974
days in jail and not less than eighteen consecutive days of	2975
electronically monitored house arrest. The cumulative total of the	2976
five consecutive days in jail and the period of electronically	2977
monitored house arrest shall not exceed six months. The five	2978
consecutive days in jail do not have to be served prior to or	2979
consecutively to the period of house arrest.	2980

As an alternative to the mandatory jail term of twenty	2981
consecutive days required by division (G)(1)(b)(ii) of this	2982
section, the court, under this division, may sentence the offender	2983
to ten consecutive days in jail and not less than thirty-six	2984
consecutive days of electronically monitored house arrest. The	2985
cumulative total of the ten consecutive days in jail and the	2986
period of electronically monitored house arrest shall not exceed	2987
six months. The ten consecutive days in jail do not have to be	2988
served prior to or consecutively to the period of house arrest.	2989

As an alternative to a mandatory jail term of thirty	2990
consecutive days required by division (G)(1)(c)(i) of this	2991
section, the court, under this division, may sentence the offender	2992
to fifteen consecutive days in jail and not less than fifty-five	2993
consecutive days of electronically monitored house arrest. The	2994
cumulative total of the fifteen consecutive days in jail and the	2995
period of electronically monitored house arrest shall not exceed	2996
one year. The fifteen consecutive days in jail do not have to be	2997
served prior to or consecutively to the period of house arrest.	2998

As an alternative to the mandatory jail term of sixty	2999
consecutive days required by division (G)(1)(c)(ii) of this	3000
section, the court, under this division, may sentence the offender	3001
to thirty consecutive days in jail and not less than one hundred	3002
ten consecutive days of electronically monitored house arrest. The	3003
cumulative total of the thirty consecutive days in jail and the	3004
period of electronically monitored house arrest shall not exceed	3005
one year. The thirty consecutive days in jail do not have to be	3006
served prior to or consecutively to the period of house arrest.	3007

(4) If an offender's driver's or occupational driver's	3008
license or permit or nonresident operating privilege is suspended	3009
under division (G) of this section and if section 4510.13 of the	3010
Revised Code permits the court to grant limited driving	3011
privileges, the court may grant the limited driving privileges	3012
only if the court imposes as one of the conditions of the	3013
privileges that the offender must display on the vehicle that is	3014
driven subject to the privileges restricted license plates that	3015
are issued under section 4503.231 of the Revised Code, except as	3016
provided in division (B) of that section.	3017

(5) Fines imposed under this section for a violation of	3018
division (A) of this section shall be distributed as follows:	3019

(a) Twenty-five dollars of the fine imposed under division	3020
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	3021
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	3022
fine imposed under division (G)(1)(c)(iii), and two hundred ten	3023
dollars of the fine imposed under division (G)(1)(d)(iii) or	3024
(e)(iii) of this section shall be paid to an enforcement and	3025
education fund established by the legislative authority of the law	3026
enforcement agency in this state that primarily was responsible	3027
for the arrest of the offender, as determined by the court that	3028
imposes the fine. The agency shall use this share to pay only	3029
those costs it incurs in enforcing this section or a municipal OVI	3030
ordinance and in informing the public of the laws governing the	3031
operation of a vehicle while under the influence of alcohol, the	3032
dangers of the operation of a vehicle under the influence of	3033
alcohol, and other information relating to the operation of a	3034
vehicle under the influence of alcohol and the consumption of	3035
alcoholic beverages.	3036

(b) Fifty dollars of the fine imposed under division	3037
(G)(1)(a)(iii) of this section shall be paid to the political	3038
subdivision that pays the cost of housing the offender during the	3039
offender's term of incarceration. If the offender is being	3040
sentenced for a violation of division (A)(1), (2), (3), (4), or	3041
(5) of this section and was confined as a result of the offense	3042
prior to being sentenced for the offense but is not sentenced to a	3043
term of incarceration, the fifty dollars shall be paid to the	3044
political subdivision that paid the cost of housing the offender	3045
during that period of confinement. The political subdivision shall	3046
use the share under this division to pay or reimburse	3047
incarceration or treatment costs it incurs in housing or providing	3048
drug and alcohol treatment to persons who violate this section or	3049
a municipal OVI ordinance, costs of any immobilizing or disabling	3050
device used on the offender's vehicle, and costs of electronic	3051
house arrest equipment needed for persons who violate this	3052
section.	3053

(c) Twenty-five dollars of the fine imposed under division	3054
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	3055
division (G)(1)(b)(iii) of this section shall be deposited into	3056
the county or municipal indigent drivers' alcohol treatment fund	3057
under the control of that court, as created by the county or	3058
municipal corporation under division (N) of section 4511.191 of	3059
the Revised Code.	3060

(d) One hundred fifteen dollars of the fine imposed under	3061
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	3062
fine imposed under division (G)(1)(c)(iii), and four hundred forty	3063
dollars of the fine imposed under division (G)(1)(d)(iii) or	3064
(e)(iii) of this section shall be paid to the political	3065
subdivision that pays the cost of housing the offender during the	3066
offender's term of incarceration. The political subdivision shall	3067
use this share to pay or reimburse incarceration or treatment	3068
costs it incurs in housing or providing drug and alcohol treatment	3069
to persons who violate this section or a municipal OVI ordinance,	3070
costs for any immobilizing or disabling device used on the	3071
offender's vehicle, and costs of electronic house arrest equipment	3072
needed for persons who violate this section.	3073

(e) The balance of the fine imposed under division	3074
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	3075
section shall be disbursed as otherwise provided by law.	3076

(6) If title to a motor vehicle that is subject to an order	3077
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	3078
this section is assigned or transferred and division (B)(2) or (3)	3079
of section 4503.234 of the Revised Code applies, in addition to or	3080
independent of any other penalty established by law, the court may	3081
fine the offender the value of the vehicle as determined by	3082
publications of the national auto dealers association. The	3083
proceeds of any fine so imposed shall be distributed in accordance	3084
with division (C)(2) of that section.	3085

(H) Whoever violates division (B) of this section is guilty	3086
of operating a vehicle after underage alcohol consumption and	3087
shall be punished as follows:	3088

(1) Except as otherwise provided in division (H)(2) of this	3089
section, the offender is guilty of a misdemeanor of the fourth	3090
degree. In addition to any other sanction imposed for the offense,	3091
the court shall impose a class six suspension of the offender's	3092
driver's license, commercial driver's license, temporary	3093
instruction permit, probationary license, or nonresident operating	3094
privilege from the range specified in division (A)(6) of section	3095
4510.02 of the Revised Code.	3096

(2) If, within one year of the offense, the offender	3097
previously has been convicted of or pleaded guilty to one or more	3098
violations of division (A) or (B) of this section or other	3099
equivalent offense offenses, the offender is guilty of a	3100
misdemeanor of the third degree. In addition to any other sanction	3101
imposed for the offense, the court shall impose a class four	3102
suspension of the offender's driver's license, commercial driver's	3103
license, temporary instruction permit, probationary license, or	3104
nonresident operating privilege from the range specified in	3105
division (A)(4) of section 4510.02 of the Revised Code.	3106

(I)(1) No court shall sentence an offender to an alcohol	3107
treatment program under this section unless the treatment program	3108
complies with the minimum standards for alcohol treatment programs	3109
adopted under Chapter 3793. of the Revised Code by the director of	3110
alcohol and drug addiction services.	3111

(2) An offender who stays in a drivers' intervention program	3112
or in an alcohol treatment program under an order issued under	3113
this section shall pay the cost of the stay in the program.	3114
However, if the court determines that an offender who stays in an	3115
alcohol treatment program under an order issued under this section	3116
is unable to pay the cost of the stay in the program, the court	3117
may order that the cost be paid from the court's indigent drivers'	3118
alcohol treatment fund.	3119

(J) If a person whose driver's or commercial driver's license	3120
or permit or nonresident operating privilege is suspended under	3121
this section files an appeal regarding any aspect of the person's	3122
trial or sentence, the appeal itself does not stay the operation	3123
of the suspension.	3124

(K) All terms defined in sections 4510.01 of the Revised Code	3125
apply to this section. If the meaning of a term defined in section	3126
4510.01 of the Revised Code conflicts with the meaning of the same	3127
term as defined in section 4501.01 or 4511.01 of the Revised Code,	3128
the term as defined in section 4510.01 of the Revised Code applies	3129
to this section.	3130

(L)(1) The Ohio Traffic Rules in effect on the effective date	3131
of this amendmentJanuary 1, 2004, as adopted by the supreme court	3132
under authority of section 2937.46 of the Revised Code, do not	3133
apply to felony violations of this section. Subject to division	3134
(L)(2) of this section, the Rules of Criminal Procedure apply to	3135
felony violations of this section.	3136

(2) If, on or after the effective date of this amendment	3137
January 1, 2004, the supreme court modifies the Ohio Traffic Rules	3138
to provide procedures to govern felony violations of this section,	3139
the modified rules shall apply to felony violations of this	3140
section.	3141

Section 4. That the existing versions of sections 2929.01,	3142
2929.13, and 4511.19 of the Revised Code that are scheduled to	3143
take effect January 1, 2004, are hereby repealed.	3144

Section 5. Sections 3 and 4 of this act shall take effect on	3145
January 1, 2004.	3146

Section 6. The amendment by this act of section 4511.99 of	3147
the Revised Code has interim effect and does not supersede the	3148
earlier amendment, with delayed effective date of Am. Sub. S.B.	3149
123 of the 124th General Assembly.	3150

Section 7. (A) Section 2929.13 of the Revised Code, effective	3151
until January 1, 2004, is presented in Section 1 of this act as a	3152
composite of the section as amended by both Am. Sub. H.B. 327 and	3153
Sub. H.B. 485 of the 124th General Assembly. The General Assembly,	3154
applying the principle stated in division (B) of section 1.52 of	3155
the Revised Code that amendments are to be harmonized if	3156
reasonably capable of simultaneous operation, finds that the	3157
composite is the resulting version of the section in effect prior	3158
to the effective date of the section as presented in Section 1 of	3159
this act.	3160

(B) Section 2929.13 of the Revised Code, effective on January	3161
1, 2004, is presented in Section 3 of this act as a composite of	3162
the section as amended by Am. Sub. H.B. 327, Sub. H.B. 485, and	3163
Am. Sub. S.B. 123 of the 124th General Assembly. The General	3164
Assembly, applying the principle stated in division (B) of section	3165
1.52 of the Revised Code that amendments are to be harmonized if	3166
reasonably capable of simultaneous operation, finds that the	3167
composite is the resulting version of the section in effect prior	3168
to the effective date of the section as presented in Section 3 of	3169
this act.	3170