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

To amend sections 1901.41, 2903.08, 2929.01, 2929.13,

1

2929.21, 4511.99, and 4513.39 and to enact

2

sections 1907.231, 2301.141, 2941.1413, and

3

2941.1414 of the Revised Code to provide an

4

additional prison term or term of imprisonment for

5

certain repeat OMVI or OMVUAC offenders, to

6

require municipal, county, and common pleas court

7

clerks to retain admissible evidence of criminal

8

convictions for fifty years after the entry of

9

judgment of that conviction, to give the police

10

force of a township with a population of greater

11

than fifty thousand the same authority to make

12

arrests for specified traffic offenses on

13

interstate highways as now exists for the police

14

force of a township with a population greater than

15

sixty thousand, to increase the penalty for

16

vehicular assault when the offender also fails to

17

stop at the scene of the accident resulting in

18

that offense, and to maintain the provisions of

19

this act on and after January 1, 2004, by amending

20

the versions of sections 2929.01, 2929.13, and

21

4511.19 of the Revised Code that take effect on

22

that date.

23

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

Section 1. That sections 1901.41, 2903.08, 2929.01, 2929.13,	24
2929.21, 4511.99, and 4513.39 be amended and sections 1907.231,	25
2301.141, 2941.1413, and 2941.1414 of the Revised Code be enacted	26
to read as follows:	27

Sec. 1901.41.  (A) Notwithstanding section 149.39 of the	28
Revised Code and subject to division (E) of this section, each	29
municipal court, by rule, may order the destruction or other	30
disposition of the files of cases that have been finally disposed	31
of by the court for at least five years as follows:	32

(1) If a case has been finally disposed of for at least five	33
years, but less than fifteen years prior to the adoption of the	34
rule of court for destruction or other disposition of the files,	35
the court may order the files destroyed or otherwise disposed of	36
only if the court first complies with division (B)(1) of this	37
section;	38

(2) If a case has been finally disposed of for fifteen years	39
or more prior to the adoption of the rule of court for destruction	40
or other disposition of the files, the court may order the files	41
destroyed or otherwise disposed of without having copied or	42
reproduced the files prior to their destruction.	43

(B)(1) Except as otherwise provided in this division, all	44
files destroyed or otherwise disposed of under division (A)(1) of	45
this section shall be copied or reproduced prior to their	46
destruction or disposition in the manner and according to the	47
procedure prescribed in section 9.01 of the Revised Code. The	48
copies or reproductions of the files made pursuant to section 9.01	49
of the Revised Code shall be retained and preserved by the court	50
for a period of ten years after the destruction of the original	51
files in accordance with this section, after which the copies or	52
reproductions themselves may be destroyed or otherwise disposed	53
of.	54

Files destroyed or otherwise disposed of under division	55
(A)(1) of this section that are solely concerned with criminal	56
prosecutions for minor misdemeanor offenses or that are concerned	57
solely with traffic prosecutions do not have to be copied or	58
reproduced in any manner or under any procedure prior to their	59
destruction or disposition as provided in this section.	60

(2) Files destroyed or otherwise disposed of under division	61
(A)(2) of this section do not have to be copied or reproduced in	62
any manner or under any procedure prior to their destruction or	63
disposition.	64

(C) Nothing in this section permits or shall be construed as	65
permitting the destruction or other disposition of the files in	66
the Cleveland municipal court of cases involving the following	67
actions and proceedings:	68

(1) The sale of real property in an action to foreclose and	69
marshal all liens on the real property;	70

(2) The sale of real property in an action to foreclose a	71
mortgage on the real property;	72

(3) The determination of rights in the title to real property	73
either in the form of a creditor's bill or in any other action	74
intended to determine or adjudicate the right, title, and interest	75
of a person or persons in the ownership of a parcel or parcels of	76
real property or any interest therein.	77

(D) All dockets, indexes, journals, and cash books of the	78
court shall be retained and preserved by the court for at least	79
twenty-five years unless they are reproduced in the manner and	80
according to the procedure prescribed in section 9.01 of the	81
Revised Code, in which case the reproductions shall be retained	82
and preserved by the court at least until the expiration of the	83
twenty-five year period for which the originals would have had to	84
have been retained. Court dockets, indexes, journals, and cash	85
books, and all other court records also shall be subject to	86
destruction or other disposition under section 149.39 of the	87
Revised Code.	88

(E) Notwithstanding section 149.39 of the Revised Code, each	89
clerk of a municipal court shall retain documentation regarding	90
each criminal conviction and plea of guilty involving a case that	91
is or was before the court. The documentation shall be in a form	92
that is admissible as evidence in a criminal proceeding as	93
evidence of a prior conviction. The clerk shall retain this	94
documentation for a period of fifty years after the entry of	95
judgment in the case. This section shall apply to records	96
currently retained and to records created on or after the	97
effective date of this amendment.	98

Sec. 1907.231. Notwithstanding section 149.38 of the Revised	99
Code, each clerk of a county court shall retain documentation	100
regarding each criminal conviction and plea of guilty involving a	101
case that is or was before the court. The documentation shall be	102
in a form that is admissible as evidence in a criminal proceeding	103
as evidence of a prior conviction. The clerk shall retain this	104
documentation for a period of fifty years after the entry of	105
judgment in the case. This section shall apply to records	106
currently retained and to records created on or after the	107
effective date of this section.	108

Sec. 2301.141. Notwithstanding section 149.38 of the Revised	109
Code, each clerk of a court of common pleas shall retain	110
documentation regarding each criminal conviction and plea of	111
guilty involving a case that is or was before the court. The	112
documentation shall be in a form that is admissible as evidence in	113
a criminal proceeding as evidence of a prior conviction. The clerk	114
shall retain this documentation for a period of fifty years after	115
the entry of judgment in the case. This section shall apply to	116
records currently retained and to records created on or after the	117
effective date of this section.	118

Sec. 2903.08.  (A) No person, while operating or	119
participating in the operation of a motor vehicle, motorcycle,	120
snowmobile, locomotive, watercraft, or aircraft, shall cause	121
serious physical harm to another person or another's unborn in	122
either of the following ways:	123

(1) As the proximate result of committing a violation of	124
division (A) of section 4511.19 of the Revised Code or of a	125
substantially equivalent municipal ordinance;	126

(2) Recklessly.

127

(B)(1) Whoever violates division (A)(1) of this section is	128
guilty of aggravated vehicular assault. Except as otherwise	129
provided in this division, aggravated vehicular assault is a	130
felony of the third degree. Aggravated vehicular assault is a	131
felony of the second degree if, at the time of the offense, the	132
offender was driving under a suspension imposed under Chapter	133
4510. or any other provision of the Revised Code or if the	134
offender previously has been convicted of or pleaded guilty to a	135
violation of this section; any traffic-related homicide,	136
manslaughter, or assault offense; three prior violations of	137
section 4511.19 of the Revised Code or a substantially equivalent	138
municipal ordinance within the previous six years; or a second or	139
subsequent felony violation of division (A) of section 4511.19 of	140
the Revised Code.	141

In addition to any other sanctions imposed, the court shall	142
impose upon the offender a class three suspension of the	143
offender's driver's license, commercial driver's license,	144
temporary instruction permit, probationary license, or nonresident	145
operating privilege from the range specified in division (A)(3) of	146
section 4510.02 of the Revised Code or, if the offender previously	147
has been convicted of or pleaded guilty to a violation of this	148
section or any traffic-related homicide, manslaughter, or assault	149
offense, a class two suspension of the offender's driver's	150
license, commercial driver's license, temporary instruction	151
permit, probationary license, or nonresident operating privilege	152
from the range specified in division (A)(2) of that section.	153

(2) Whoever violates division (A)(2) of this section is	154
guilty of vehicular assault. Except as otherwise provided in this	155
division, vehicular assault is a felony of the fourth degree.	156
Vehicular assault is a felony of the third degree if, at the time	157
of the offense, the offender was driving under a suspension	158
imposed under Chapter 4510. or any other provision of the Revised	159
Code or, if the offender previously has been convicted of or	160
pleaded guilty to a violation of this section or any	161
traffic-related homicide, manslaughter, or assault offense, or if,	162
in the same course of conduct that resulted in the violation of	163
division (A)(2) of this section, the offender also violated	164
section 4549.02, 4549.021, or 4549.03 of the Revised Code.	165

In addition to any other sanctions imposed, the court shall	166
impose upon the offender a class four suspension of the offender's	167
driver's license, commercial driver's license, temporary	168
instruction permit, probationary license, or nonresident operating	169
privilege from the range specified in division (A)(4) of section	170
4510.02 of the Revised Code or, if the offender previously has	171
been convicted of or pleaded guilty to a violation of this section	172
or any traffic-related homicide, manslaughter, or assault offense,	173
a class three suspension of the offender's driver's license,	174
commercial driver's license, temporary instruction permit,	175
probationary license, or nonresident operating privilege from the	176
range specified in division (A)(3) of that section.	177

(C) The court shall impose a mandatory prison term on an	178
offender who is convicted of or pleads guilty to a violation of	179
division (A)(1) of this section. The court shall impose a	180
mandatory prison term on an offender who is convicted of or pleads	181
guilty to a violation of division (A)(2) of this section if either	182
of the following applies:	183

(1) The offender previously has been convicted of or pleaded	184
guilty to a violation of this section or section 2903.06 of the	185
Revised Code.	186

(2) At the time of the offense, the offender was driving	187
under suspension under Chapter 4510. or any other provision of the	188
Revised Code.	189

(D) As used in this section:

190

(1) "Mandatory prison term" has the same meaning as in	191
section 2929.01 of the Revised Code.	192

(2) "Traffic-related homicide, manslaughter, or assault	193
offense" has the same meaning as in section 2903.06 of the Revised	194
Code.	195

(E) For the purposes of this section, when a penalty or	196
suspension is enhanced because of a prior or current violation of	197
a specified law or a prior or current specified offense, the	198
reference to the violation of the specified law or the specified	199
offense includes any violation of any substantially equivalent	200
municipal ordinance, former law of this state, or current or	201
former law of another state or the United States.	202

Sec. 2929.01.  As used in this chapter:

203

(A)(1) "Alternative residential facility" means, subject to	204
division (A)(2) of this section, any facility other than an	205
offender's home or residence in which an offender is assigned to	206
live and that satisfies all of the following criteria:	207

(a) It provides programs through which the offender may seek	208
or maintain employment or may receive education, training,	209
treatment, or habilitation.	210

(b) It has received the appropriate license or certificate	211
for any specialized education, training, treatment, habilitation,	212
or other service that it provides from the government agency that	213
is responsible for licensing or certifying that type of education,	214
training, treatment, habilitation, or service.	215

(2) "Alternative residential facility" does not include a	216
community-based correctional facility, jail, halfway house, or	217
prison.	218

(B) "Bad time" means the time by which the parole board	219
administratively extends an offender's stated prison term or terms	220
pursuant to section 2967.11 of the Revised Code because the parole	221
board finds by clear and convincing evidence that the offender,	222
while serving the prison term or terms, committed an act that is a	223
criminal offense under the law of this state or the United States,	224
whether or not the offender is prosecuted for the commission of	225
that act.	226

(C) "Basic probation supervision" means a requirement that	227
the offender maintain contact with a person appointed to supervise	228
the offender in accordance with sanctions imposed by the court or	229
imposed by the parole board pursuant to section 2967.28 of the	230
Revised Code. "Basic probation supervision" includes basic parole	231
supervision and basic post-release control supervision.	232

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	233
"unit dose" have the same meanings as in section 2925.01 of the	234
Revised Code.	235

(E) "Community-based correctional facility" means a	236
community-based correctional facility and program or district	237
community-based correctional facility and program developed	238
pursuant to sections 2301.51 to 2301.56 of the Revised Code.	239

(F) "Community control sanction" means a sanction that is not	240
a prison term and that is described in section 2929.15, 2929.16,	241
2929.17, or 2929.18 of the Revised Code.	242

(G) "Controlled substance," "marihuana," "schedule I," and	243
"schedule II" have the same meanings as in section 3719.01 of the	244
Revised Code.	245

(H) "Curfew" means a requirement that an offender during a	246
specified period of time be at a designated place.	247

(I) "Day reporting" means a sanction pursuant to which an	248
offender is required each day to report to and leave a center or	249
other approved reporting location at specified times in order to	250
participate in work, education or training, treatment, and other	251
approved programs at the center or outside the center.	252

(J) "Deadly weapon" has the same meaning as in section	253
2923.11 of the Revised Code.	254

(K) "Drug and alcohol use monitoring" means a program under	255
which an offender agrees to submit to random chemical analysis of	256
the offender's blood, breath, or urine to determine whether the	257
offender has ingested any alcohol or other drugs.	258

(L) "Drug treatment program" means any program under which a	259
person undergoes assessment and treatment designed to reduce or	260
completely eliminate the person's physical or emotional reliance	261
upon alcohol, another drug, or alcohol and another drug and under	262
which the person may be required to receive assessment and	263
treatment on an outpatient basis or may be required to reside at a	264
facility other than the person's home or residence while	265
undergoing assessment and treatment.	266

(M) "Economic loss" means any economic detriment suffered by	267
a victim as a result of the commission of a felony and includes	268
any loss of income due to lost time at work because of any injury	269
caused to the victim, and any property loss, medical cost, or	270
funeral expense incurred as a result of the commission of the	271
felony.	272

(N) "Education or training" includes study at, or in	273
conjunction with a program offered by, a university, college, or	274
technical college or vocational study and also includes the	275
completion of primary school, secondary school, and literacy	276
curricula or their equivalent.	277

(O) "Electronically monitored house arrest" has the same	278
meaning as in section 2929.23 of the Revised Code.	279

(P) "Eligible offender" has the same meaning as in section	280
2929.23 of the Revised Code except as otherwise specified in	281
section 2929.20 of the Revised Code.	282

(Q) "Firearm" has the same meaning as in section 2923.11 of	283
the Revised Code.	284

(R) "Halfway house" means a facility licensed by the division	285
of parole and community services of the department of	286
rehabilitation and correction pursuant to section 2967.14 of the	287
Revised Code as a suitable facility for the care and treatment of	288
adult offenders.	289

(S) "House arrest" means a period of confinement of an	290
eligible offender that is in the eligible offender's home or in	291
other premises specified by the sentencing court or by the parole	292
board pursuant to section 2967.28 of the Revised Code, that may be	293
electronically monitored house arrest, and during which all of the	294
following apply:	295

(1) The eligible offender is required to remain in the	296
eligible offender's home or other specified premises for the	297
specified period of confinement, except for periods of time during	298
which the eligible offender is at the eligible offender's place of	299
employment or at other premises as authorized by the sentencing	300
court or by the parole board.	301

(2) The eligible offender is required to report periodically	302
to a person designated by the court or parole board.	303

(3) The eligible offender is subject to any other	304
restrictions and requirements that may be imposed by the	305
sentencing court or by the parole board.	306

(T) "Intensive probation supervision" means a requirement	307
that an offender maintain frequent contact with a person appointed	308
by the court, or by the parole board pursuant to section 2967.28	309
of the Revised Code, to supervise the offender while the offender	310
is seeking or maintaining necessary employment and participating	311
in training, education, and treatment programs as required in the	312
court's or parole board's order. "Intensive probation supervision"	313
includes intensive parole supervision and intensive post-release	314
control supervision.	315

(U) "Jail" means a jail, workhouse, minimum security jail, or	316
other residential facility used for the confinement of alleged or	317
convicted offenders that is operated by a political subdivision or	318
a combination of political subdivisions of this state.	319

(V) "Delinquent child" has the same meaning as in section	320
2152.02 of the Revised Code.	321

(W) "License violation report" means a report that is made by	322
a sentencing court, or by the parole board pursuant to section	323
2967.28 of the Revised Code, to the regulatory or licensing board	324
or agency that issued an offender a professional license or a	325
license or permit to do business in this state and that specifies	326
that the offender has been convicted of or pleaded guilty to an	327
offense that may violate the conditions under which the offender's	328
professional license or license or permit to do business in this	329
state was granted or an offense for which the offender's	330
professional license or license or permit to do business in this	331
state may be revoked or suspended.	332

(X) "Major drug offender" means an offender who is convicted	333
of or pleads guilty to the possession of, sale of, or offer to	334
sell any drug, compound, mixture, preparation, or substance that	335
consists of or contains at least one thousand grams of hashish; at	336
least one hundred grams of crack cocaine; at least one thousand	337
grams of cocaine that is not crack cocaine; at least two thousand	338
five hundred unit doses or two hundred fifty grams of heroin; at	339
least five thousand unit doses of L.S.D. or five hundred grams of	340
L.S.D. in a liquid concentrate, liquid extract, or liquid	341
distillate form; or at least one hundred times the amount of any	342
other schedule I or II controlled substance other than marihuana	343
that is necessary to commit a felony of the third degree pursuant	344
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	345
Code that is based on the possession of, sale of, or offer to sell	346
the controlled substance.	347

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

348

(1) Subject to division (Y)(2) of this section, the term in	349
prison that must be imposed for the offenses or circumstances set	350
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and	351
division (D) of section 2929.14 of the Revised Code. Except as	352
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and	353
2925.11 of the Revised Code, unless the maximum or another	354
specific term is required under section 2929.14 of the Revised	355
Code, a mandatory prison term described in this division may be	356
any prison term authorized for the level of offense.	357

(2) The term of sixty or one hundred twenty days in prison	358
that a sentencing court is required to impose for a third or	359
fourth degree felony OMVI offense pursuant to division (G)(2) of	360
section 2929.13 and division (A)(4) or (8) of section 4511.99 of	361
the Revised Code or the term of one, two, three, four, or five	362
years in prison that a sentencing court is required to impose	363
pursuant to division (G)(2) of section 2929.13 of the Revised	364
Code.	365

(3) The term in prison imposed pursuant to section 2971.03 of	366
the Revised Code for the offenses and in the circumstances	367
described in division (F)(11) of section 2929.13 of the Revised	368
Code and that term as modified or terminated pursuant to section	369
2971.05 of the Revised Code.	370

(Z) "Monitored time" means a period of time during which an	371
offender continues to be under the control of the sentencing court	372
or parole board, subject to no conditions other than leading a	373
law-abiding life.	374

(AA) "Offender" means a person who, in this state, is	375
convicted of or pleads guilty to a felony or a misdemeanor.	376

(BB) "Prison" means a residential facility used for the	377
confinement of convicted felony offenders that is under the	378
control of the department of rehabilitation and correction but	379
does not include a violation sanction center operated under	380
authority of section 2967.141 of the Revised Code.	381

(CC) "Prison term" includes any of the following sanctions	382
for an offender:	383

(1) A stated prison term;

384

(2) A term in a prison shortened by, or with the approval of,	385
the sentencing court pursuant to section 2929.20, 2967.26,	386
5120.031, 5120.032, or 5120.073 of the Revised Code;	387

(3) A term in prison extended by bad time imposed pursuant to	388
section 2967.11 of the Revised Code or imposed for a violation of	389
post-release control pursuant to section 2967.28 of the Revised	390
Code.	391

(DD) "Repeat violent offender" means a person about whom both	392
of the following apply:	393

(1) The person has been convicted of or has pleaded guilty	394
to, and is being sentenced for committing, for complicity in	395
committing, or for an attempt to commit, aggravated murder,	396
murder, involuntary manslaughter, a felony of the first degree	397
other than one set forth in Chapter 2925. of the Revised Code, a	398
felony of the first degree set forth in Chapter 2925. of the	399
Revised Code that involved an attempt to cause serious physical	400
harm to a person or that resulted in serious physical harm to a	401
person, or a felony of the second degree that involved an attempt	402
to cause serious physical harm to a person or that resulted in	403
serious physical harm to a person.	404

(2) Either of the following applies:

405

(a) The person previously was convicted of or pleaded guilty	406
to, and previously served or, at the time of the offense was	407
serving, a prison term for, any of the following:	408

(i) Aggravated murder, murder, involuntary manslaughter,	409
rape, felonious sexual penetration as it existed under section	410
2907.12 of the Revised Code prior to September 3, 1996, a felony	411
of the first or second degree that resulted in the death of a	412
person or in physical harm to a person, or complicity in or an	413
attempt to commit any of those offenses;	414

(ii) An offense under an existing or former law of this	415
state, another state, or the United States that is or was	416
substantially equivalent to an offense listed under division	417
(DD)(2)(a)(i) of this section and that resulted in the death of a	418
person or in physical harm to a person.	419

(b) The person previously was adjudicated a delinquent child	420
for committing an act that if committed by an adult would have	421
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	422
section, the person was committed to the department of youth	423
services for that delinquent act.	424

(EE) "Sanction" means any penalty imposed upon an offender	425
who is convicted of or pleads guilty to an offense, as punishment	426
for the offense. "Sanction" includes any sanction imposed pursuant	427
to any provision of sections 2929.14 to 2929.18 of the Revised	428
Code.	429

(FF) "Sentence" means the sanction or combination of	430
sanctions imposed by the sentencing court on an offender who is	431
convicted of or pleads guilty to a felony.	432

(GG) "Stated prison term" means the prison term, mandatory	433
prison term, or combination of all prison terms and mandatory	434
prison terms imposed by the sentencing court pursuant to section	435
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	436
includes any credit received by the offender for time spent in	437
jail awaiting trial, sentencing, or transfer to prison for the	438
offense and any time spent under house arrest or electronically	439
monitored house arrest imposed after earning credits pursuant to	440
section 2967.193 of the Revised Code.	441

(HH) "Victim-offender mediation" means a reconciliation or	442
mediation program that involves an offender and the victim of the	443
offense committed by the offender and that includes a meeting in	444
which the offender and the victim may discuss the offense, discuss	445
restitution, and consider other sanctions for the offense.	446

(II) "Fourth degree felony OMVI offense" means a violation of	447
division (A) of section 4511.19 of the Revised Code that, under	448
section 4511.99 of the Revised Code, is a felony of the fourth	449
degree.	450

(JJ) "Mandatory term of local incarceration" means the term	451
of sixty or one hundred twenty days in a jail, a community-based	452
correctional facility, a halfway house, or an alternative	453
residential facility that a sentencing court may impose upon a	454
person who is convicted of or pleads guilty to a fourth degree	455
felony OMVI offense pursuant to division (G)(1) of section 2929.13	456
of the Revised Code and division (A)(4) or (8) of section 4511.99	457
of the Revised Code.	458

(KK) "Designated homicide, assault, or kidnapping offense,"	459
"sexual motivation specification," "sexually violent offense,"	460
"sexually violent predator," and "sexually violent predator	461
specification" have the same meanings as in section 2971.01 of the	462
Revised Code.	463

(LL) "Habitual sex offender," "sexually oriented offense,"	464
and "sexual predator" have the same meanings as in section 2950.01	465
of the Revised Code.	466

(MM) An offense is "committed in the vicinity of a child" if	467
the offender commits the offense within thirty feet of or within	468
the same residential unit as a child who is under eighteen years	469
of age, regardless of whether the offender knows the age of the	470
child or whether the offender knows the offense is being committed	471
within thirty feet of or within the same residential unit as the	472
child and regardless of whether the child actually views the	473
commission of the offense.	474

(NN) "Family or household member" has the same meaning as in	475
section 2919.25 of the Revised Code.	476

(OO) "Motor vehicle" and "manufactured home" have the same	477
meanings as in section 4501.01 of the Revised Code.	478

(PP) "Detention" and "detention facility" have the same	479
meanings as in section 2921.01 of the Revised Code.	480

(QQ) "Third degree felony OMVI offense" means a violation of	481
division (A) of section 4511.19 of the Revised Code that, under	482
section 4511.99 of the Revised Code, is a felony of the third	483
degree.	484

(RR) "Random drug testing" has the same meaning as in section	485
5120.63 of the Revised Code.	486

(SS) "Felony sex offense" has the same meaning as in section	487
2957.28 of the Revised Code.	488

(TT) "Body armor" has the same meaning as in section	489
2941.1411 of the Revised Code.	490

Sec. 2929.13.  (A) Except as provided in division (E), (F),	491
or (G) of this section and unless a specific sanction is required	492
to be imposed or is precluded from being imposed pursuant to law,	493
a court that imposes a sentence upon an offender for a felony may	494
impose any sanction or combination of sanctions on the offender	495
that are provided in sections 2929.14 to 2929.18 of the Revised	496
Code. The sentence shall not impose an unnecessary burden on state	497
or local government resources.	498

If the offender is eligible to be sentenced to community	499
control sanctions, the court shall consider the appropriateness of	500
imposing a financial sanction pursuant to section 2929.18 of the	501
Revised Code or a sanction of community service pursuant to	502
section 2929.17 of the Revised Code as the sole sanction for the	503
offense. Except as otherwise provided in this division, if the	504
court is required to impose a mandatory prison term for the	505
offense for which sentence is being imposed, the court also may	506
impose a financial sanction pursuant to section 2929.18 of the	507
Revised Code but may not impose any additional sanction or	508
combination of sanctions under section 2929.16 or 2929.17 of the	509
Revised Code.	510

If the offender is being sentenced for a fourth degree felony	511
OMVI offense or for a third degree felony OMVI offense, in	512
addition to the mandatory term of local incarceration or the	513
mandatory prison term required for the offense by division (G)(1)	514
or (2) of this section, the court shall impose upon the offender a	515
mandatory fine in accordance with division (B)(3) of section	516
2929.18 of the Revised Code and may impose whichever of the	517
following is applicable:	518

(1) For a fourth degree felony OMVI offense for which	519
sentence is imposed under division (G)(1) of this section, an	520
additional community control sanction or combination of community	521
control sanctions under section 2929.16 or 2929.17 of the Revised	522
Code;	523

(2) For a third or fourth degree felony OMVI offense for	524
which sentence is imposed under division (G)(2) of this section,	525
an additional prison term as described in division (D)(4) of	526
section 2929.14 of the Revised Code.	527

(B)(1) Except as provided in division (B)(2), (E), (F), or	528
(G) of this section, in sentencing an offender for a felony of the	529
fourth or fifth degree, the sentencing court shall determine	530
whether any of the following apply:	531

(a) In committing the offense, the offender caused physical	532
harm to a person.	533

(b) In committing the offense, the offender attempted to	534
cause or made an actual threat of physical harm to a person with a	535
deadly weapon.	536

(c) In committing the offense, the offender attempted to	537
cause or made an actual threat of physical harm to a person, and	538
the offender previously was convicted of an offense that caused	539
physical harm to a person.	540

(d) The offender held a public office or position of trust	541
and the offense related to that office or position; the offender's	542
position obliged the offender to prevent the offense or to bring	543
those committing it to justice; or the offender's professional	544
reputation or position facilitated the offense or was likely to	545
influence the future conduct of others.	546

(e) The offender committed the offense for hire or as part of	547
an organized criminal activity.	548

(f) The offense is a sex offense that is a fourth or fifth	549
degree felony violation of section 2907.03, 2907.04, 2907.05,	550
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	551
Revised Code.	552

(g) The offender at the time of the offense was serving, or	553
the offender previously had served, a prison term.	554

(h) The offender committed the offense while under a	555
community control sanction, while on probation, or while released	556
from custody on a bond or personal recognizance.	557

(i) The offender committed the offense while in possession of	558
a firearm.	559

(2)(a) If the court makes a finding described in division	560
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	561
section and if the court, after considering the factors set forth	562
in section 2929.12 of the Revised Code, finds that a prison term	563
is consistent with the purposes and principles of sentencing set	564
forth in section 2929.11 of the Revised Code and finds that the	565
offender is not amenable to an available community control	566
sanction, the court shall impose a prison term upon the offender.	567

(b) Except as provided in division (E), (F), or (G) of this	568
section, if the court does not make a finding described in	569
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	570
this section and if the court, after considering the factors set	571
forth in section 2929.12 of the Revised Code, finds that a	572
community control sanction or combination of community control	573
sanctions is consistent with the purposes and principles of	574
sentencing set forth in section 2929.11 of the Revised Code, the	575
court shall impose a community control sanction or combination of	576
community control sanctions upon the offender.	577

(C) Except as provided in division (E), (F), or (G) of this	578
section, in determining whether to impose a prison term as a	579
sanction for a felony of the third degree or a felony drug offense	580
that is a violation of a provision of Chapter 2925. of the Revised	581
Code and that is specified as being subject to this division for	582
purposes of sentencing, the sentencing court shall comply with the	583
purposes and principles of sentencing under section 2929.11 of the	584
Revised Code and with section 2929.12 of the Revised Code.	585

(D) Except as provided in division (E) or (F) of this	586
section, for a felony of the first or second degree and for a	587
felony drug offense that is a violation of any provision of	588
Chapter 2925., 3719., or 4729. of the Revised Code for which a	589
presumption in favor of a prison term is specified as being	590
applicable, it is presumed that a prison term is necessary in	591
order to comply with the purposes and principles of sentencing	592
under section 2929.11 of the Revised Code. Notwithstanding the	593
presumption established under this division, the sentencing court	594
may impose a community control sanction or a combination of	595
community control sanctions instead of a prison term on an	596
offender for a felony of the first or second degree or for a	597
felony drug offense that is a violation of any provision of	598
Chapter 2925., 3719., or 4729. of the Revised Code for which a	599
presumption in favor of a prison term is specified as being	600
applicable if it makes both of the following findings:	601

(1) A community control sanction or a combination of	602
community control sanctions would adequately punish the offender	603
and protect the public from future crime, because the applicable	604
factors under section 2929.12 of the Revised Code indicating a	605
lesser likelihood of recidivism outweigh the applicable factors	606
under that section indicating a greater likelihood of recidivism.	607

(2) A community control sanction or a combination of	608
community control sanctions would not demean the seriousness of	609
the offense, because one or more factors under section 2929.12 of	610
the Revised Code that indicate that the offender's conduct was	611
less serious than conduct normally constituting the offense are	612
applicable, and they outweigh the applicable factors under that	613
section that indicate that the offender's conduct was more serious	614
than conduct normally constituting the offense.	615

(E)(1) Except as provided in division (F) of this section,	616
for any drug offense that is a violation of any provision of	617
Chapter 2925. of the Revised Code and that is a felony of the	618
third, fourth, or fifth degree, the applicability of a presumption	619
under division (D) of this section in favor of a prison term or of	620
division (B) or (C) of this section in determining whether to	621
impose a prison term for the offense shall be determined as	622
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	623
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	624
Revised Code, whichever is applicable regarding the violation.	625

(2) If an offender who was convicted of or pleaded guilty to	626
a felony violates the conditions of a community control sanction	627
imposed for the offense solely by reason of producing positive	628
results on a drug test, the court, as punishment for the violation	629
of the sanction, shall not order that the offender be imprisoned	630
unless the court determines on the record either of the following:	631

(a) The offender had been ordered as a sanction for the	632
felony to participate in a drug treatment program, in a drug	633
education program, or in narcotics anonymous or a similar program,	634
and the offender continued to use illegal drugs after a reasonable	635
period of participation in the program.	636

(b) The imprisonment of the offender for the violation is	637
consistent with the purposes and principles of sentencing set	638
forth in section 2929.11 of the Revised Code.	639

(F) Notwithstanding divisions (A) to (E) of this section, the	640
court shall impose a prison term or terms under sections 2929.02	641
to 2929.06, section 2929.14, or section 2971.03 of the Revised	642
Code and except as specifically provided in section 2929.20 or	643
2967.191 of the Revised Code or when parole is authorized for the	644
offense under section 2967.13 of the Revised Code shall not reduce	645
the terms pursuant to section 2929.20, section 2967.193, or any	646
other provision of Chapter 2967. or Chapter 5120. of the Revised	647
Code for any of the following offenses:	648

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

649

(2) Any rape, regardless of whether force was involved and	650
regardless of the age of the victim, or an attempt to commit rape	651
if, had the offender completed the rape that was attempted, the	652
offender would have been subject to a sentence of life	653
imprisonment or life imprisonment without parole for the rape;	654

(3) Gross sexual imposition or sexual battery, if the victim	655
is under thirteen years of age, if the offender previously was	656
convicted of or pleaded guilty to rape, the former offense of	657
felonious sexual penetration, gross sexual imposition, or sexual	658
battery, and if the victim of the previous offense was under	659
thirteen years of age;	660

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	661
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	662
requires the imposition of a prison term;	663

(5) A first, second, or third degree felony drug offense for	664
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	665
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	666
4729.99 of the Revised Code, whichever is applicable regarding the	667
violation, requires the imposition of a mandatory prison term;	668

(6) Any offense that is a first or second degree felony and	669
that is not set forth in division (F)(1), (2), (3), or (4) of this	670
section, if the offender previously was convicted of or pleaded	671
guilty to aggravated murder, murder, any first or second degree	672
felony, or an offense under an existing or former law of this	673
state, another state, or the United States that is or was	674
substantially equivalent to one of those offenses;	675

(7) Any offense that is a third degree felony and that is	676
listed in division (DD)(1) of section 2929.01 of the Revised Code	677
if the offender previously was convicted of or pleaded guilty to	678
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	679
section 2929.01 of the Revised Code;	680

(8) Any offense, other than a violation of section 2923.12 of	681
the Revised Code, that is a felony, if the offender had a firearm	682
on or about the offender's person or under the offender's control	683
while committing the felony, with respect to a portion of the	684
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	685
of the Revised Code for having the firearm;	686

(9) Any offense of violence that is a felony, if the offender	687
wore or carried body armor while committing the felony offense of	688
violence, with respect to the portion of the sentence imposed	689
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	690
Code for wearing or carrying the body armor;	691

(10) Corrupt activity in violation of section 2923.32 of the	692
Revised Code when the most serious offense in the pattern of	693
corrupt activity that is the basis of the offense is a felony of	694
the first degree;	695

(11) Any sexually violent offense for which the offender also	696
is convicted of or pleads guilty to a sexually violent predator	697
specification that was included in the indictment, count in the	698
indictment, or information charging the sexually violent offense;	699

(12) A violation of division (A)(1) or (2) of section 2921.36	700
of the Revised Code, or a violation of division (C) of that	701
section involving an item listed in division (A)(1) or (2) of that	702
section, if the offender is an officer or employee of the	703
department of rehabilitation and correction.	704

(G) Notwithstanding divisions (A) to (E) of this section, if	705
an offender is being sentenced for a fourth degree felony OMVI	706
offense or for a third degree felony OMVI offense, the court shall	707
impose upon the offender a mandatory term of local incarceration	708
or a mandatory prison term in accordance with the following:	709

(1) If the offender is being sentenced for a fourth degree	710
felony OMVI offense and if the offender has not pleaded guilty to	711
and has not been convicted of a specification of the type	712
described in section 2941.1413 of the Revised Code, the court may	713
impose upon the offender a mandatory term of local incarceration	714
of sixty days as specified in division (A)(4) of section 4511.99	715
of the Revised Code or a mandatory term of local incarceration of	716
one hundred twenty days as specified in division (A)(8) of that	717
section. The court shall not reduce the term pursuant to section	718
2929.20, 2967.193, or any other provision of the Revised Code. The	719
court that imposes a mandatory term of local incarceration under	720
this division shall specify whether the term is to be served in a	721
jail, a community-based correctional facility, a halfway house, or	722
an alternative residential facility, and the offender shall serve	723
the term in the type of facility specified by the court. A	724
mandatory term of local incarceration imposed under division	725
(G)(1) of this section is not subject to extension under section	726
2967.11 of the Revised Code, to a period of post-release control	727
under section 2967.28 of the Revised Code, or to any other Revised	728
Code provision that pertains to a prison term.	729

(2) If the offender is being sentenced for a third degree	730
felony OMVI offense, or if the offender is being sentenced for a	731
fourth degree felony OMVI offense and the court does not impose a	732
mandatory term of local incarceration under division (G)(1) of	733
this section, the court shall impose upon the offender a mandatory	734
prison term of one, two, three, four, or five years if the	735
offender also pleads guilty to or also is convicted of a	736
specification of the type described in section 2941.1413 of the	737
Revised Code or shall impose upon the offender a mandatory prison	738
term of sixty days as specified in division (A)(4) of section	739
4511.99 of the Revised Code or a mandatory prison term of one	740
hundred twenty days as specified in division (A)(8) of that	741
section if the offender has not pleaded guilty to and has not been	742
convicted of a specification of that type. The court shall not	743
reduce the term pursuant to section 2929.20, 2967.193, or any	744
other provision of the Revised Code. The offender shall serve the	745
one-, two-, three-, four-, or five-year mandatory prison term	746
consecutively to and prior to the prison term imposed for the	747
underlying offense and consecutively to any other mandatory prison	748
term imposed in relation to the offense. In no case shall an	749
offender who once has been sentenced to a mandatory term of local	750
incarceration pursuant to division (G)(1) of this section for a	751
fourth degree felony OMVI offense be sentenced to another	752
mandatory term of local incarceration under that division for any	753
violation of division (A) of section 4511.19 of the Revised Code.	754
The court shall not sentence the offender to a community control	755
sanction under section 2929.16 or 2929.17 of the Revised Code. The	756
department of rehabilitation and correction may place an offender	757
sentenced to a mandatory prison term under this division in an	758
intensive program prison established pursuant to section 5120.033	759
of the Revised Code if the department gave the sentencing judge	760
prior notice of its intent to place the offender in an intensive	761
program prison established under that section and if the judge did	762
not notify the department that the judge disapproved the	763
placement. Upon the establishment of the initial intensive program	764
prison pursuant to section 5120.033 of the Revised Code that is	765
privately operated and managed by a contractor pursuant to a	766
contract entered into under section 9.06 of the Revised Code, both	767
of the following apply:	768

(a) The department of rehabilitation and correction shall	769
make a reasonable effort to ensure that a sufficient number of	770
offenders sentenced to a mandatory prison term under this division	771
are placed in the privately operated and managed prison so that	772
the privately operated and managed prison has full occupancy.	773

(b) Unless the privately operated and managed prison has full	774
occupancy, the department of rehabilitation and correction shall	775
not place any offender sentenced to a mandatory prison term under	776
this division in any intensive program prison established pursuant	777
to section 5120.033 of the Revised Code other than the privately	778
operated and managed prison.	779

(H) If an offender is being sentenced for a sexually oriented	780
offense committed on or after January 1, 1997, the judge shall	781
require the offender to submit to a DNA specimen collection	782
procedure pursuant to section 2901.07 of the Revised Code if	783
either of the following applies:	784

(1) The offense was a sexually violent offense, and the	785
offender also was convicted of or pleaded guilty to a sexually	786
violent predator specification that was included in the	787
indictment, count in the indictment, or information charging the	788
sexually violent offense.	789

(2) The judge imposing sentence for the sexually oriented	790
offense determines pursuant to division (B) of section 2950.09 of	791
the Revised Code that the offender is a sexual predator.	792

(I) If an offender is being sentenced for a sexually oriented	793
offense committed on or after January 1, 1997, the judge shall	794
include in the sentence a summary of the offender's duty to	795
register pursuant to section 2950.04 of the Revised Code, the	796
offender's duty to provide notice of a change in residence address	797
and register the new residence address pursuant to section 2950.05	798
of the Revised Code, the offender's duty to periodically verify	799
the offender's current residence address pursuant to section	800
2950.06 of the Revised Code, and the duration of the duties. The	801
judge shall inform the offender, at the time of sentencing, of	802
those duties and of their duration and, if required under division	803
(A)(2) of section 2950.03 of the Revised Code, shall perform the	804
duties specified in that section.	805

(J)(1) Except as provided in division (J)(2) of this section,	806
when considering sentencing factors under this section in relation	807
to an offender who is convicted of or pleads guilty to an attempt	808
to commit an offense in violation of section 2923.02 of the	809
Revised Code, the sentencing court shall consider the factors	810
applicable to the felony category of the violation of section	811
2923.02 of the Revised Code instead of the factors applicable to	812
the felony category of the offense attempted.	813

(2) When considering sentencing factors under this section in	814
relation to an offender who is convicted of or pleads guilty to an	815
attempt to commit a drug abuse offense for which the penalty is	816
determined by the amount or number of unit doses of the controlled	817
substance involved in the drug abuse offense, the sentencing court	818
shall consider the factors applicable to the felony category that	819
the drug abuse offense attempted would be if that drug abuse	820
offense had been committed and had involved an amount or number of	821
unit doses of the controlled substance that is within the next	822
lower range of controlled substance amounts than was involved in	823
the attempt.	824

(K) As used in this section, "drug abuse offense" has the	825
same meaning as in section 2925.01 of the Revised Code.	826

Sec. 2929.21.  (A) Except as provided in division (G) of this	827
section or in section 2929.23 of the Revised Code, whoever is	828
convicted of or pleads guilty to a misdemeanor other than a minor	829
misdemeanor shall be imprisoned for a definite term or fined, or	830
both, which term of imprisonment and fine shall be fixed by the	831
court as provided in this section.	832

Whoever is convicted of or pleads guilty to committing,	833
attempting to commit, or complicity in committing a violation of	834
section 2909.03 of the Revised Code that is a misdemeanor, or a	835
violation of division (A)(2) of section 2909.06 of the Revised	836
Code when the means used are fire or explosion, shall be required	837
to reimburse agencies for their investigation or prosecution costs	838
in accordance with section 2929.28 of the Revised Code.	839

(B) Except as provided in division (G) of this section, terms	840
of imprisonment for misdemeanor shall be imposed as follows:	841

(1) For a misdemeanor of the first degree, not more than six	842
months;	843

(2) For a misdemeanor of the second degree, not more than	844
ninety days;	845

(3) For a misdemeanor of the third degree, not more than	846
sixty days;	847

(4) For a misdemeanor of the fourth degree, not more than	848
thirty days.	849

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

850

(1) For a misdemeanor of the first degree, not more than one	851
thousand dollars;	852

(2) For a misdemeanor of the second degree, not more than	853
seven hundred fifty dollars;	854

(3) For a misdemeanor of the third degree, not more than five	855
hundred dollars;	856

(4) For a misdemeanor of the fourth degree, not more than two	857
hundred fifty dollars.	858

(D) Whoever is convicted of or pleads guilty to a minor	859
misdemeanor shall be fined not more than one hundred dollars.	860

(E) The court may require a person who is convicted of or	861
pleads guilty to a misdemeanor to make restitution for all or part	862
of the property damage that is caused by the offense and for all	863
or part of the value of the property that is the subject of any	864
theft offense, as defined in division (K) of section 2913.01 of	865
the Revised Code, that the person committed. If the court	866
determines that the victim of the offense was sixty-five years of	867
age or older or permanently or totally disabled at the time of the	868
commission of the offense, the court, regardless of whether the	869
offender knew the age of victim, shall consider this fact in favor	870
of imposing restitution, but this fact shall not control the	871
decision of the court.	872

(F)(1) If a person is sentenced to a term of imprisonment	873
pursuant to this section and the term of imprisonment is to be	874
served in a county jail in a county that has established a county	875
jail industry program pursuant to section 5147.30 of the Revised	876
Code, the court shall specify, as part of the sentence, whether	877
the person may be considered by the county sheriff of that county	878
for participation in the county jail industry program. The court	879
shall retain jurisdiction to modify its specification made	880
pursuant to this division during the person's term of imprisonment	881
upon a reassessment of the person's qualifications for	882
participation in the program.	883

(2) If a person is sentenced to a term of imprisonment	884
pursuant to this section that is to be served in a local detention	885
facility, as defined in section 2929.35 of the Revised Code, the	886
court may impose as part of the sentence pursuant to section	887
2929.36 of the Revised Code a reimbursement sanction, and, if the	888
local detention facility is covered by a policy adopted pursuant	889
to section 307.93, 341.14, 341.19, 341.21, 341.23, 753.02, 753.04,	890
753.16, 2301.56, or 2947.19 of the Revised Code and section	891
2929.37 of the Revised Code, both of the following apply:	892

(a) The court shall specify both of the following as part of	893
the sentence:	894

(i) If the person is presented with an itemized bill pursuant	895
to section 2929.37 of the Revised Code for payment of the costs of	896
confinement, the person is required to pay the bill in accordance	897
with that section.	898

(ii) If the person does not dispute the bill described in	899
division (F)(2)(a)(i) of this section and does not pay the bill by	900
the times specified in section 2929.37 of the Revised Code, the	901
clerk of the court may issue a certificate of judgment against the	902
person as described in that section.	903

(b) The sentence automatically includes any certificate of	904
judgment issued as described in division (F)(2)(a)(ii) of this	905
section.	906

(G) If an offender is being sentenced for a sexually oriented	907
offense that is a misdemeanor committed on or after January 1,	908
1997, and if the judge imposing sentence for the sexually oriented	909
offense determines pursuant to division (B) of section 2950.09 of	910
the Revised Code that the offender is a sexual predator, the judge	911
shall include in the offender's sentence a statement that the	912
offender has been adjudicated as being a sexual predator, shall	913
comply with the requirements of section 2950.03 of the Revised	914
Code, and shall require the offender to submit to a DNA specimen	915
collection procedure pursuant to section 2901.07 of the Revised	916
Code.	917

(H) Before imposing sentence on an offender who is being	918
sentenced for a sexually oriented offense that is a misdemeanor	919
committed on or after January 1, 1997, the judge shall conduct a	920
hearing in accordance with division (B) of section 2950.09 of the	921
Revised Code to determine whether the offender is a sexual	922
predator. Before imposing sentence on an offender who is being	923
sentenced for a sexually oriented offense, the court also shall	924
comply with division (E) of section 2950.09 of the Revised Code.	925

(I) If an offender is being sentenced for a sexually oriented	926
offense that is a misdemeanor committed on or after January 1,	927
1997, the judge shall include in the sentence a summary of the	928
offender's duty to register pursuant to section 2950.04 of the	929
Revised Code, the offender's duty to provide notice of a change in	930
residence address and register the new residence address pursuant	931
to section 2950.05 of the Revised Code, the offender's duty to	932
periodically verify the offender's current residence address	933
pursuant to section 2950.06 of the Revised Code, and the duration	934
of the duties. The judge shall inform the offender, at the time of	935
sentencing, of those duties and of their duration and, if required	936
under division (A)(2) of section 2950.03 of the Revised Code,	937
shall perform the duties specified in that section.	938

(J) If an offender is convicted of or pleads guilty to a	939
violation of division (B) of section 4511.19 of the Revised Code	940
and also is convicted of or pleads guilty to a specification of	941
the type described in section 2941.1414 of the Revised Code, and	942
if the court imposes a term of imprisonment for the underlying	943
offense, the court shall impose upon the offender an additional	944
definite term of imprisonment of not more than six months. The	945
additional term of imprisonment shall not be reduced pursuant to	946
any provision of the Revised Code. The offender shall serve the	947
additional term of imprisonment consecutively to and prior to the	948
term of imprisonment imposed for the underlying offense and	949
consecutively to any other mandatory term imposed in relation to	950
the offense.	951

Sec. 2941.1413. (A) Imposition of a mandatory additional	952
prison term of one, two, three, four, or five years upon an	953
offender under division (G)(2) of section 2929.13 of the Revised	954
Code is precluded unless the indictment, count in the indictment,	955
or information charging a felony violation of division (A) of	956
section 4511.19 of the Revised Code specifies that the offender,	957
within twenty years of the offense, previously has been convicted	958
of or pleaded guilty to five or more violations identified in	959
division (A)(2) of section 4511.99 of the Revised Code or, on and	960
after January 1, 2004, to five or more equivalent offenses. The	961
specification shall be stated at the end of the body of the	962
indictment, count, or information and shall be stated in	963
substantially the following form:	964

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	965
Grand Jurors (or insert the person's or the prosecuting attorney's	966
name when appropriate) further find and specify that (set forth	967
that the offender, within twenty years of committing the offense,	968
previously had been convicted of or pleaded guilty to five or more	969
violations identified in division (A)(2) of section 4511.99 of the	970
Revised Code or, on and after January 1, 2004, to five or more	971
equivalent offenses)."	972

(B) On and after January 1, 2004, "equivalent offense" has	973
the same meaning as in section 4511.181 of the Revised Code.	974

Sec. 2941.1414. (A) Imposition of a mandatory, additional,	975
definite term of imprisonment of up to six months upon an offender	976
under division (J) of section 2929.21 of the Revised Code is	977
precluded unless the information charging a violation of division	978
(B) of section 4511.19 of the Revised Code specifies that the	979
offender, within twenty years of the offense, previously has been	980
convicted of or pleaded guilty to five or more violations	981
identified in division (N)(1)(b) of section 4511.99 of the Revised	982
Code or, on and after January 1, 2004, to five or more equivalent	983
offenses. The specification shall be stated at the end of the body	984
of the information and shall be stated in substantially the	985
following form:	986

"SPECIFICATION. (Insert the person's or the prosecuting	987
attorney's name as appropriate) further finds and specifies that	988
(set forth that the offender, within twenty years of committing	989
the offense, previously had been convicted of or pleaded guilty to	990
five or more violations identified in division (N)(1)(b) of	991
section 4511.99 of the Revised Code or, on and after January 1,	992
2004, to five or more equivalent offenses)."	993

(B) On and after January 1, 2004, "equivalent offense" has	994
the same meaning as in section 4511.181 of the Revised Code.	995

Sec. 4511.99.  (A) Whoever violates division (A)(1), (2),	996
(3), or (4) of section 4511.19 of the Revised Code, in addition to	997
the license suspension or revocation provided in section 4507.16	998
of the Revised Code and any disqualification imposed under section	999
4506.16 of the Revised Code, shall be punished as provided in	1000
division (A)(1), (2), (3), or (4) of this section. Whoever	1001
violates division (A)(5), (6), or (7) of section 4511.19 of the	1002
Revised Code, in addition to the license suspension or revocation	1003
provided in section 4507.16 of the Revised Code and any	1004
disqualification imposed under section 4506.16 of the Revised	1005
Code, shall be punished as provided in division (A)(5), (6), (7),	1006
or (8) of this section.	1007

(1) Except as otherwise provided in division (A)(2), (3), or	1008
(4) of this section, the offender is guilty of a misdemeanor of	1009
the first degree and the court shall sentence the offender to a	1010
term of imprisonment of three consecutive days and may sentence	1011
the offender pursuant to section 2929.21 of the Revised Code to a	1012
longer term of imprisonment. In addition, the court shall impose	1013
upon the offender a fine of not less than two hundred fifty and	1014
not more than one thousand dollars.	1015

The court may suspend the execution of the mandatory three	1016
consecutive days of imprisonment that it is required to impose by	1017
this division, if the court, in lieu of the suspended term of	1018
imprisonment, places the offender on probation and requires the	1019
offender to attend, for three consecutive days, a drivers'	1020
intervention program that is certified pursuant to section 3793.10	1021
of the Revised Code. The court also may suspend the execution of	1022
any part of the mandatory three consecutive days of imprisonment	1023
that it is required to impose by this division, if the court	1024
places the offender on probation for part of the three consecutive	1025
days; requires the offender to attend, for that part of the three	1026
consecutive days, a drivers' intervention program that is	1027
certified pursuant to section 3793.10 of the Revised Code; and	1028
sentences the offender to a term of imprisonment equal to the	1029
remainder of the three consecutive days that the offender does not	1030
spend attending the drivers' intervention program. The court may	1031
require the offender, as a condition of probation, to attend and	1032
satisfactorily complete any treatment or education programs that	1033
comply with the minimum standards adopted pursuant to Chapter	1034
3793. of the Revised Code by the director of alcohol and drug	1035
addiction services, in addition to the required attendance at a	1036
drivers' intervention program, that the operators of the drivers'	1037
intervention program determine that the offender should attend and	1038
to report periodically to the court on the offender's progress in	1039
the programs. The court also may impose any other conditions of	1040
probation on the offender that it considers necessary.	1041

Of the fine imposed pursuant to this division, twenty-five	1042
dollars shall be paid to an enforcement and education fund	1043
established by the legislative authority of the law enforcement	1044
agency in this state that primarily was responsible for the arrest	1045
of the offender, as determined by the court that imposes the fine.	1046
This share shall be used by the agency to pay only those costs it	1047
incurs in enforcing section 4511.19 of the Revised Code or a	1048
substantially similar municipal ordinance and in informing the	1049
public of the laws governing the operation of a motor vehicle	1050
while under the influence of alcohol, the dangers of operating a	1051
motor vehicle while under the influence of alcohol, and other	1052
information relating to the operation of a motor vehicle and the	1053
consumption of alcoholic beverages. Fifty dollars of the fine	1054
imposed pursuant to this division shall be paid to the political	1055
subdivision that pays the cost of housing the offender during the	1056
offender's term of incarceration to the credit of the fund that	1057
pays the cost of the incarceration. If the offender was confined	1058
as a result of the offense prior to being sentenced for the	1059
offense but is not sentenced to a term of incarceration, the fifty	1060
dollars shall be paid to the political subdivision that paid the	1061
cost of housing the offender during that period of confinement.	1062
The political subdivision shall use this share to pay or reimburse	1063
incarceration or treatment costs it incurs in housing or providing	1064
drug and alcohol treatment to persons who violate section 4511.19	1065
of the Revised Code or a substantially similar municipal ordinance	1066
and to pay for ignition interlock devices and electronic house	1067
arrest equipment for persons who violate that section.	1068
Twenty-five dollars of the fine imposed pursuant to this division	1069
shall be deposited into the county indigent drivers alcohol	1070
treatment fund or municipal indigent drivers alcohol treatment	1071
fund under the control of that court, as created by the county or	1072
municipal corporation pursuant to division (N) of section 4511.191	1073
of the Revised Code. The balance of the fine shall be disbursed as	1074
otherwise provided by law.	1075

(2)(a) Except as otherwise provided in division (A)(4) of	1076
this section, the offender is guilty of a misdemeanor of the first	1077
degree, and, except as provided in this division, the court shall	1078
sentence the offender to a term of imprisonment of ten consecutive	1079
days and may sentence the offender pursuant to section 2929.21 of	1080
the Revised Code to a longer term of imprisonment if, within six	1081
years of the offense, the offender has been convicted of or	1082
pleaded guilty to one violation of the following:	1083

(i) Division (A) or (B) of section 4511.19 of the Revised	1084
Code;	1085

(ii) A municipal ordinance relating to operating a vehicle	1086
while under the influence of alcohol, a drug of abuse, or alcohol	1087
and a drug of abuse;	1088

(iii) A municipal ordinance relating to operating a vehicle	1089
with a prohibited concentration of alcohol in the blood, breath,	1090
or urine;	1091

(iv) Section 2903.04 of the Revised Code in a case in which	1092
the offender was subject to the sanctions described in division	1093
(D) of that section;	1094

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	1095
section 2903.08 of the Revised Code or a municipal ordinance that	1096
is substantially similar to either of those divisions;	1097

(vi) Division (A)(2), (3), or (4) of section 2903.06,	1098
division (A)(2) of section 2903.08, or former section 2903.07 of	1099
the Revised Code, or a municipal ordinance that is substantially	1100
similar to any of those divisions or that former section, in a	1101
case in which the jury or judge found that the offender was under	1102
the influence of alcohol, a drug of abuse, or alcohol and a drug	1103
of abuse;	1104

(vii) A statute of the United States or of any other state or	1105
a municipal ordinance of a municipal corporation located in any	1106
other state that is substantially similar to division (A) or (B)	1107
of section 4511.19 of the Revised Code.	1108

As an alternative to the term of imprisonment required to be	1109
imposed by this division, but subject to division (A)(12) of this	1110
section, the court may impose upon the offender a sentence	1111
consisting of both a term of imprisonment of five consecutive days	1112
and not less than eighteen consecutive days of electronically	1113
monitored house arrest as defined in division (A) of section	1114
2929.23 of the Revised Code. The five consecutive days of	1115
imprisonment and the period of electronically monitored house	1116
arrest shall not exceed six months. The five consecutive days of	1117
imprisonment do not have to be served prior to or consecutively	1118
with the period of electronically monitored house arrest.	1119

In addition, the court shall impose upon the offender a fine	1120
of not less than three hundred fifty and not more than one	1121
thousand five hundred dollars.	1122

In addition to any other sentence that it imposes upon the	1123
offender, the court may require the offender to attend a drivers'	1124
intervention program that is certified pursuant to section 3793.10	1125
of the Revised Code. If the officials of the drivers' intervention	1126
program determine that the offender is alcohol dependent, they	1127
shall notify the court, and the court shall order the offender to	1128
obtain treatment through an alcohol and drug addiction program	1129
authorized by section 3793.02 of the Revised Code. The cost of the	1130
treatment shall be paid by the offender.	1131

Of the fine imposed pursuant to this division, thirty-five	1132
dollars shall be paid to an enforcement and education fund	1133
established by the legislative authority of the law enforcement	1134
agency in this state that primarily was responsible for the arrest	1135
of the offender, as determined by the court that imposes the fine.	1136
This share shall be used by the agency to pay only those costs it	1137
incurs in enforcing section 4511.19 of the Revised Code or a	1138
substantially similar municipal ordinance and in informing the	1139
public of the laws governing the operation of a motor vehicle	1140
while under the influence of alcohol, the dangers of operating a	1141
motor vehicle while under the influence of alcohol, and other	1142
information relating to the operation of a motor vehicle and the	1143
consumption of alcoholic beverages. One hundred fifteen dollars of	1144
the fine imposed pursuant to this division shall be paid to the	1145
political subdivision that pays the cost of housing the offender	1146
during the offender's term of incarceration. This share shall be	1147
used by the political subdivision to pay or reimburse	1148
incarceration or treatment costs it incurs in housing or providing	1149
drug and alcohol treatment to persons who violate section 4511.19	1150
of the Revised Code or a substantially similar municipal ordinance	1151
and to pay for ignition interlock devices and electronic house	1152
arrest equipment for persons who violate that section, and shall	1153
be paid to the credit of the fund that pays the cost of the	1154
incarceration. Fifty dollars of the fine imposed pursuant to this	1155
division shall be deposited into the county indigent drivers	1156
alcohol treatment fund or municipal indigent drivers alcohol	1157
treatment fund under the control of that court, as created by the	1158
county or municipal corporation pursuant to division (N) of	1159
section 4511.191 of the Revised Code. The balance of the fine	1160
shall be disbursed as otherwise provided by law.	1161

(b) Regardless of whether the vehicle the offender was	1162
operating at the time of the offense is registered in the	1163
offender's name or in the name of another person, the court, in	1164
addition to the penalties imposed under division (A)(2)(a) of this	1165
section and all other penalties provided by law and subject to	1166
section 4503.235 of the Revised Code, shall order the	1167
immobilization for ninety days of the vehicle the offender was	1168
operating at the time of the offense and the impoundment for	1169
ninety days of the identification license plates of that vehicle.	1170
The order for the immobilization and impoundment shall be issued	1171
and enforced in accordance with section 4503.233 of the Revised	1172
Code.	1173

(3)(a) Except as otherwise provided in division (A)(4) of	1174
this section and except as provided in this division, if, within	1175
six years of the offense, the offender has been convicted of or	1176
pleaded guilty to two violations identified in division (A)(2) of	1177
this section, the court shall sentence the offender to a term of	1178
imprisonment of thirty consecutive days and may sentence the	1179
offender to a longer definite term of imprisonment of not more	1180
than one year. As an alternative to the term of imprisonment	1181
required to be imposed by this division, but subject to division	1182
(A)(12) of this section, the court may impose upon the offender a	1183
sentence consisting of both a term of imprisonment of fifteen	1184
consecutive days and not less than fifty-five consecutive days of	1185
electronically monitored house arrest as defined in division (A)	1186
of section 2929.23 of the Revised Code. The fifteen consecutive	1187
days of imprisonment and the period of electronically monitored	1188
house arrest shall not exceed one year. The fifteen consecutive	1189
days of imprisonment do not have to be served prior to or	1190
consecutively with the period of electronically monitored house	1191
arrest.	1192

In addition, the court shall impose upon the offender a fine	1193
of not less than five hundred fifty and not more than two thousand	1194
five hundred dollars.	1195

In addition to any other sentence that it imposes upon the	1196
offender, the court shall require the offender to attend an	1197
alcohol and drug addiction program authorized by section 3793.02	1198
of the Revised Code. The cost of the treatment shall be paid by	1199
the offender. If the court determines that the offender is unable	1200
to pay the cost of attendance at the treatment program, the court	1201
may order that payment of the cost of the offender's attendance at	1202
the treatment program be made from that court's indigent drivers	1203
alcohol treatment fund.	1204

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

(b) Regardless of whether the vehicle the offender was	1230
operating at the time of the offense is registered in the	1231
offender's name or in the name of another person, the court, in	1232
addition to the penalties imposed under division (A)(3)(a) of this	1233
section and all other penalties provided by law and subject to	1234
section 4503.235 of the Revised Code, shall order the criminal	1235
forfeiture to the state of the vehicle the offender was operating	1236
at the time of the offense. The order of criminal forfeiture shall	1237
be issued and enforced in accordance with section 4503.234 of the	1238
Revised Code.	1239

(4)(a)(i) If, within six years of the offense, the offender	1240
has been convicted of or pleaded guilty to three or morefour	1241
violations identified in division (A)(2) of this section or if,	1242
within twenty years of the offense, the offender previously has	1243
been convicted of or pleaded guilty to five or more violations of	1244
that nature, and if sentence is not required to be imposed under	1245
division (A)(4)(a)(ii) of this section, the offender is guilty of	1246
a felony of the fourth degree and, notwithstanding division (A)(4)	1247
of section 2929.14 of the Revised Code, may be sentenced to a	1248
definite prison term that shall be not less than six months and	1249
not more than thirty months. The court shall sentence the offender	1250
in accordance with sections 2929.11 to 2929.19 of the Revised Code	1251
and, shall impose as part of the sentence a mandatory prison term	1252
of one, two, three, four, or five years as required by and in	1253
accordance with division (G)(2) of section 2929.13 of the Revised	1254
Code if the offender also pleads guilty to or also is convicted of	1255
a specification of the type described in section 2941.1413 of the	1256
Revised Code, and shall impose as part of the sentence either a	1257
mandatory term of local incarceration of sixty consecutive days of	1258
imprisonment in accordance with division (G)(1) of section 2929.13	1259
of the Revised Code or a mandatory prison term of sixty	1260
consecutive days of imprisonment in accordance with division	1261
(G)(2) of that section if the offender does not plead guilty to	1262
and is not convicted of a specification of that type. If the court	1263
requires the offender to serve a mandatory term of local	1264
incarceration of sixty consecutive days of imprisonment in	1265
accordance with division (G)(1) of section 2929.13 of the Revised	1266
Code, the court, pursuant to section 2929.17 of the Revised Code,	1267
may impose upon the offender a sentence that includes a term of	1268
electronically monitored house arrest, provided that the term of	1269
electronically monitored house arrest shall not commence until	1270
after the offender has served the mandatory term of local	1271
incarceration.	1272

(ii) If the offender previously has been convicted of or	1273
pleaded guilty to a violation of division (A) of section 4511.19	1274
of the Revised Code under circumstances in which the violation was	1275
a felony, regardless of when the prior violation and the prior	1276
conviction or guilty plea occurred, the offender is guilty of a	1277
felony of the third degree. The court shall sentence the offender	1278
in accordance with sections 2929.11 to 2929.19 of the Revised Code	1279
and, shall impose as part of the sentence a mandatory prison term	1280
of one, two, three, four, or five years as required by and in	1281
accordance with division (G)(2) of section 2929.13 of the Revised	1282
Code if the offender also pleads guilty to or also is convicted of	1283
a specification of the type described in section 2941.1413 of the	1284
Revised Code, and shall impose as part of the sentence a mandatory	1285
prison term of sixty consecutive days of imprisonment in	1286
accordance with division (G)(2) of section 2929.13 of the Revised	1287
Code if the offender does not plead guilty to and is not convicted	1288
of a specification of that type.	1289

(iii) In addition to all other sanctions imposed on an	1290
offender under division (A)(4)(a)(i) or (ii) of this section, the	1291
court shall impose upon the offender, pursuant to section 2929.18	1292
of the Revised Code, a fine of not less than eight hundred nor	1293
more than ten thousand dollars.	1294

In addition to any other sanction that it imposes upon the	1295
offender under division (A)(4)(a)(i) or (ii) of this section, the	1296
court shall require the offender to attend an alcohol and drug	1297
addiction program authorized by section 3793.02 of the Revised	1298
Code. The cost of the treatment shall be paid by the offender. If	1299
the court determines that the offender is unable to pay the cost	1300
of attendance at the treatment program, the court may order that	1301
payment of the cost of the offender's attendance at the treatment	1302
program be made from the court's indigent drivers alcohol	1303
treatment fund.	1304

Of the fine imposed pursuant to this division, two hundred	1305
ten dollars shall be paid to an enforcement and education fund	1306
established by the legislative authority of the law enforcement	1307
agency in this state that primarily was responsible for the arrest	1308
of the offender, as determined by the court that imposes the fine.	1309
This share shall be used by the agency to pay only those costs it	1310
incurs in enforcing section 4511.19 of the Revised Code or a	1311
substantially similar municipal ordinance and in informing the	1312
public of the laws governing operation of a motor vehicle while	1313
under the influence of alcohol, the dangers of operation of a	1314
motor vehicle while under the influence of alcohol, and other	1315
information relating to the operation of a motor vehicle and the	1316
consumption of alcoholic beverages. Four hundred forty dollars of	1317
the fine imposed pursuant to this division shall be paid to the	1318
political subdivision that pays the cost of housing the offender	1319
during the offender's term of incarceration. This share shall be	1320
used by the political subdivision to pay or reimburse	1321
incarceration or treatment costs it incurs in housing or providing	1322
drug and alcohol treatment to persons who violate section 4511.19	1323
of the Revised Code or a substantially similar municipal ordinance	1324
and to pay for ignition interlock devices and electronic house	1325
arrest equipment for persons who violate that section, and shall	1326
be paid to the credit of the fund that pays the cost of	1327
incarceration. The balance of the fine shall be disbursed as	1328
otherwise provided by law.	1329

(b) Regardless of whether the vehicle the offender was	1330
operating at the time of the offense is registered in the	1331
offender's name or in the name of another person, the court, in	1332
addition to the sanctions imposed under division (A)(4)(a) of this	1333
section and all other sanctions provided by law and subject to	1334
section 4503.235 of the Revised Code, shall order the criminal	1335
forfeiture to the state of the vehicle the offender was operating	1336
at the time of the offense. The order of criminal forfeiture shall	1337
be issued and enforced in accordance with section 4503.234 of the	1338
Revised Code.	1339

(c) As used in division (A)(4)(a) of this section, "mandatory	1340
prison term" and "mandatory term of local incarceration" have the	1341
same meanings as in section 2929.01 of the Revised Code.	1342

If title to a motor vehicle that is subject to an order for	1343
criminal forfeiture under this section is assigned or transferred	1344
and division (C)(2) or (3) of section 4503.234 of the Revised Code	1345
applies, in addition to or independent of any other penalty	1346
established by law, the court may fine the offender the value of	1347
the vehicle as determined by publications of the national auto	1348
dealer's association. The proceeds from any fine imposed under	1349
this division shall be distributed in accordance with division	1350
(D)(4) of section 4503.234 of the Revised Code.	1351

(5)(a) Except as otherwise provided in division (A)(6), (7),	1352
or (8) of this section, the offender is guilty of a misdemeanor of	1353
the first degree, and the court shall sentence the offender to one	1354
of the following:	1355

(i) A term of imprisonment of at least three consecutive days	1356
and a requirement that the offender attend, for three consecutive	1357
days, a drivers' intervention program that is certified pursuant	1358
to section 3793.10 of the Revised Code;	1359

(ii) If the court determines that the offender is not	1360
conducive to treatment in the program, if the offender refuses to	1361
attend the program, or if the place of imprisonment can provide a	1362
drivers' intervention program, a term of imprisonment of at least	1363
six consecutive days.	1364

(b) In addition, the court shall impose upon the offender a	1365
fine of not less than two hundred fifty and not more than one	1366
thousand dollars.	1367

The court may require the offender, as a condition of	1368
probation, to attend and satisfactorily complete any treatment or	1369
education programs that comply with the minimum standards adopted	1370
pursuant to Chapter 3793. of the Revised Code by the director of	1371
alcohol and drug addiction services, in addition to the required	1372
attendance at a drivers' intervention program, that the operators	1373
of the drivers' intervention program determine that the offender	1374
should attend and to report periodically to the court on the	1375
offender's progress in the programs. The court also may impose any	1376
other conditions of probation on the offender that it considers	1377
necessary.	1378

Of the fine imposed pursuant to this division, twenty-five	1379
dollars shall be paid to an enforcement and education fund	1380
established by the legislative authority of the law enforcement	1381
agency in this state that primarily was responsible for the arrest	1382
of the offender, as determined by the court that imposes the fine.	1383
The agency shall use this share to pay only those costs it incurs	1384
in enforcing section 4511.19 of the Revised Code or a	1385
substantially similar municipal ordinance and in informing the	1386
public of the laws governing the operation of a motor vehicle	1387
while under the influence of alcohol, the dangers of operating a	1388
motor vehicle while under the influence of alcohol, and other	1389
information relating to the operation of a motor vehicle and the	1390
consumption of alcoholic beverages. Fifty dollars of the fine	1391
imposed pursuant to this division shall be paid to the political	1392
subdivision that pays the cost of housing the offender during the	1393
offender's term of incarceration to the credit of the fund that	1394
pays the cost of the incarceration. The political subdivision	1395
shall use this share to pay or reimburse incarceration or	1396
treatment costs it incurs in housing or providing drug and alcohol	1397
treatment to persons who violate section 4511.19 of the Revised	1398
Code or a substantially similar municipal ordinance and to pay for	1399
ignition interlock devices and electronic house arrest equipment	1400
for persons who violate that section. Twenty-five dollars of the	1401
fine imposed pursuant to this division shall be deposited into the	1402
county indigent drivers alcohol treatment fund or municipal	1403
indigent drivers alcohol treatment fund under the control of that	1404
court, as created by the county or municipal corporation pursuant	1405
to division (N) of section 4511.191 of the Revised Code. The	1406
balance of the fine shall be disbursed as otherwise provided by	1407
law.	1408

(6)(a) Except as otherwise provided in division (A)(8) of	1409
this section and except as provided in this division, if, within	1410
six years of the offense, the offender has been convicted of or	1411
pleaded guilty to one violation of division (A) or (B) of section	1412
4511.19 of the Revised Code, a municipal ordinance relating to	1413
operating a vehicle while under the influence of alcohol, a drug	1414
of abuse, or alcohol and a drug of abuse, a municipal ordinance	1415
relating to operating a vehicle with a prohibited concentration of	1416
alcohol in the blood, breath, or urine, section 2903.04 of the	1417
Revised Code in a case in which the offender was subject to the	1418
sanctions described in division (D) of that section, section	1419
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	1420
ordinance that is substantially similar to section 2903.07 of the	1421
Revised Code in a case in which the jury or judge found that the	1422
offender was under the influence of alcohol, a drug of abuse, or	1423
alcohol and a drug of abuse, or a statute of the United States or	1424
of any other state or a municipal ordinance of a municipal	1425
corporation located in any other state that is substantially	1426
similar to division (A) or (B) of section 4511.19 of the Revised	1427
Code, the offender is guilty of a misdemeanor of the first degree,	1428
and the court shall sentence the offender to a term of	1429
imprisonment of twenty consecutive days and may sentence the	1430
offender pursuant to section 2929.21 of the Revised Code to a	1431
longer term of imprisonment. As an alternative to the term of	1432
imprisonment required to be imposed by this division, but subject	1433
to division (A)(12) of this section, the court may impose upon the	1434
offender a sentence consisting of both a term of imprisonment of	1435
ten consecutive days and not less than thirty-six consecutive days	1436
of electronically monitored house arrest as defined in division	1437
(A) of section 2929.23 of the Revised Code. The ten consecutive	1438
days of imprisonment and the period of electronically monitored	1439
house arrest shall not exceed six months. The ten consecutive days	1440
of imprisonment do not have to be served prior to or consecutively	1441
with the period of electronically monitored house arrest.	1442

In addition, the court shall impose upon the offender a fine	1443
of not less than three hundred fifty and not more than one	1444
thousand five hundred dollars.	1445

In addition to any other sentence that it imposes upon the	1446
offender, the court may require the offender to attend a drivers'	1447
intervention program that is certified pursuant to section 3793.10	1448
of the Revised Code. If the officials of the drivers' intervention	1449
program determine that the offender is alcohol dependent, they	1450
shall notify the court, and the court shall order the offender to	1451
obtain treatment through an alcohol and drug addiction program	1452
authorized by section 3793.02 of the Revised Code. The offender	1453
shall pay the cost of the treatment.	1454

Of the fine imposed pursuant to this division, thirty-five	1455
dollars shall be paid to an enforcement and education fund	1456
established by the legislative authority of the law enforcement	1457
agency in this state that primarily was responsible for the arrest	1458
of the offender, as determined by the court that imposes the fine.	1459
The agency shall use this share to pay only those costs it incurs	1460
in enforcing section 4511.19 of the Revised Code or a	1461
substantially similar municipal ordinance and in informing the	1462
public of the laws governing the operation of a motor vehicle	1463
while under the influence of alcohol, the dangers of operating a	1464
motor vehicle while under the influence of alcohol, and other	1465
information relating to the operation of a motor vehicle and the	1466
consumption of alcoholic beverages. One hundred fifteen dollars of	1467
the fine imposed pursuant to this division shall be paid to the	1468
political subdivision that pays the cost of housing the offender	1469
during the offender's term of incarceration. The political	1470
subdivision shall use this share to pay or reimburse incarceration	1471
or treatment costs it incurs in housing or providing drug and	1472
alcohol treatment to persons who violate section 4511.19 of the	1473
Revised Code or a substantially similar municipal ordinance and to	1474
pay for ignition interlock devices and electronic house arrest	1475
equipment for persons who violate that section, and this share	1476
shall be paid to the credit of the fund that pays the cost of the	1477
incarceration. Fifty dollars of the fine imposed pursuant to this	1478
division shall be deposited into the county indigent drivers	1479
alcohol treatment fund or municipal indigent drivers alcohol	1480
treatment fund under the control of that court, as created by the	1481
county or municipal corporation pursuant to division (N) of	1482
section 4511.191 of the Revised Code. The balance of the fine	1483
shall be disbursed as otherwise provided by law.	1484

(b) Regardless of whether the vehicle the offender was	1485
operating at the time of the offense is registered in the	1486
offender's name or in the name of another person, the court, in	1487
addition to the penalties imposed under division (A)(6)(a) of this	1488
section and all other penalties provided by law and subject to	1489
section 4503.235 of the Revised Code, shall order the	1490
immobilization for ninety days of the vehicle the offender was	1491
operating at the time of the offense and the impoundment for	1492
ninety days of the identification license plates of that vehicle.	1493
The order for the immobilization and impoundment shall be issued	1494
and enforced in accordance with section 4503.233 of the Revised	1495
Code.	1496

(7)(a) Except as otherwise provided in division (A)(8) of	1497
this section and except as provided in this division, if, within	1498
six years of the offense, the offender has been convicted of or	1499
pleaded guilty to two violations of division (A) or (B) of section	1500
4511.19 of the Revised Code, a municipal ordinance relating to	1501
operating a vehicle while under the influence of alcohol, a drug	1502
of abuse, or alcohol and a drug of abuse, a municipal ordinance	1503
relating to operating a vehicle with a prohibited concentration of	1504
alcohol in the blood, breath, or urine, section 2903.04 of the	1505
Revised Code in a case in which the offender was subject to the	1506
sanctions described in division (D) of that section, section	1507
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	1508
ordinance that is substantially similar to section 2903.07 of the	1509
Revised Code in a case in which the jury or judge found that the	1510
offender was under the influence of alcohol, a drug of abuse, or	1511
alcohol and a drug of abuse, or a statute of the United States or	1512
of any other state or a municipal ordinance of a municipal	1513
corporation located in any other state that is substantially	1514
similar to division (A) or (B) of section 4511.19 of the Revised	1515
Code, the court shall sentence the offender to a term of	1516
imprisonment of sixty consecutive days and may sentence the	1517
offender to a longer definite term of imprisonment of not more	1518
than one year. As an alternative to the term of imprisonment	1519
required to be imposed by this division, but subject to division	1520
(A)(12) of this section, the court may impose upon the offender a	1521
sentence consisting of both a term of imprisonment of thirty	1522
consecutive days and not less than one hundred ten consecutive	1523
days of electronically monitored house arrest as defined in	1524
division (A) of section 2929.23 of the Revised Code. The thirty	1525
consecutive days of imprisonment and the period of electronically	1526
monitored house arrest shall not exceed one year. The thirty	1527
consecutive days of imprisonment do not have to be served prior to	1528
or consecutively with the period of electronically monitored house	1529
arrest.	1530

In addition, the court shall impose upon the offender a fine	1531
of not less than five hundred fifty and not more than two thousand	1532
five hundred dollars.	1533

In addition to any other sentence that it imposes upon the	1534
offender, the court shall require the offender to attend an	1535
alcohol and drug addiction program authorized by section 3793.02	1536
of the Revised Code. The offender shall pay the cost of the	1537
treatment. If the court determines that the offender is unable to	1538
pay the cost of attendance at the treatment program, the court may	1539
order that payment of the cost of the offender's attendance at the	1540
treatment program be made from that court's indigent drivers	1541
alcohol treatment fund.	1542

Of the fine imposed pursuant to this division, one hundred	1543
twenty-three dollars shall be paid to an enforcement and education	1544
fund established by the legislative authority of the law	1545
enforcement agency in this state that primarily was responsible	1546
for the arrest of the offender, as determined by the court that	1547
imposes the fine. The agency shall use this share to pay only	1548
those costs it incurs in enforcing section 4511.19 of the Revised	1549
Code or a substantially similar municipal ordinance and in	1550
informing the public of the laws governing the operation of a	1551
motor vehicle while under the influence of alcohol, the dangers of	1552
operating a motor vehicle while under the influence of alcohol,	1553
and other information relating to the operation of a motor vehicle	1554
and the consumption of alcoholic beverages. Two hundred	1555
seventy-seven dollars of the fine imposed pursuant to this	1556
division shall be paid to the political subdivision that pays the	1557
cost of housing the offender during the offender's term of	1558
incarceration. The political subdivision shall use this share to	1559
pay or reimburse incarceration or treatment costs it incurs in	1560
housing or providing drug and alcohol treatment to persons who	1561
violate section 4511.19 of the Revised Code or a substantially	1562
similar municipal ordinance and to pay for ignition interlock	1563
devices and electronic house arrest equipment for persons who	1564
violate that section, and this share shall be paid to the credit	1565
of the fund that pays the cost of incarceration. The balance of	1566
the fine shall be disbursed as otherwise provided by law.	1567

(b) Regardless of whether the vehicle the offender was	1568
operating at the time of the offense is registered in the	1569
offender's name or in the name of another person, the court, in	1570
addition to the penalties imposed under division (A)(7)(a) of this	1571
section and all other penalties provided by law and subject to	1572
section 4503.235 of the Revised Code, shall order the	1573
immobilization for one hundred eighty days of the vehicle the	1574
offender was operating at the time of the offense and the	1575
impoundment for one hundred eighty days of the identification	1576
license plates of that vehicle. The order for the immobilization	1577
and impoundment shall be issued and enforced in accordance with	1578
section 4503.233 of the Revised Code.	1579

(8)(a)(i) If, within six years of the offense, the offender	1580
has been convicted of or pleaded guilty to three or morefour	1581
violations of division (A) or (B) of section 4511.19 of the	1582
Revised Code, a municipal ordinance relating to operating a	1583
vehicle while under the influence of alcohol, a drug of abuse, or	1584
alcohol and a drug of abuse, a municipal ordinance relating to	1585
operating a vehicle with a prohibited concentration of alcohol in	1586
the blood, breath, or urine, section 2903.04 of the Revised Code	1587
in a case in which the offender was subject to the sanctions	1588
described in division (D) of that section, section 2903.06,	1589
2903.07, or 2903.08 of the Revised Code or a municipal ordinance	1590
that is substantially similar to section 2903.07 of the Revised	1591
Code in a case in which the jury or judge found that the offender	1592
was under the influence of alcohol, a drug of abuse, or alcohol	1593
and a drug of abuse, or a statute of the United States or of any	1594
other state or a municipal ordinance of a municipal corporation	1595
located in any other state that is substantially similar to	1596
division (A) or (B) of section 4511.19 of the Revised Code or if,	1597
within twenty years of the offense, the offender previously has	1598
been convicted of or pleaded guilty to five or more violations of	1599
that nature, and if sentence is not required to be imposed under	1600
division (A)(8)(a)(ii) of this section, the offender is guilty of	1601
a felony of the fourth degree and, notwithstanding division (A)(4)	1602
of section 2929.14 of the Revised Code, may be sentenced to a	1603
definite prison term that shall be not less than six months and	1604
not more than thirty months. The court shall sentence the offender	1605
in accordance with sections 2929.11 to 2929.19 of the Revised Code	1606
and, shall impose as part of the sentence a mandatory prison term	1607
of one, two, three, four, or five years as required by and in	1608
accordance with division (G)(2) of section 2929.13 of the Revised	1609
Code if the offender also pleads guilty to or also is convicted of	1610
a specification of the type described in section 2941.1413 of the	1611
Revised Code, and shall impose as part of the sentence either a	1612
mandatory term of local incarceration of one hundred twenty	1613
consecutive days of imprisonment in accordance with division	1614
(G)(1) of section 2929.13 of the Revised Code or a mandatory	1615
prison term of one hundred twenty consecutive days of imprisonment	1616
in accordance with division (G)(2) of that section if the offender	1617
does not plead guilty to and is not convicted of a specification	1618
of that type. If the court requires the offender to serve a	1619
mandatory term of local incarceration of one hundred twenty	1620
consecutive days of imprisonment in accordance with division	1621
(G)(1) of section 2929.13 of the Revised Code, the court, pursuant	1622
to section 2929.17 of the Revised Code, may impose upon the	1623
offender a sentence that includes a term of electronically	1624
monitored house arrest, provided that the term of electronically	1625
monitored house arrest shall not commence until after the offender	1626
has served the mandatory term of local incarceration.	1627

(ii) If the offender previously has been convicted of or	1628
pleaded guilty to a violation of division (A) of section 4511.19	1629
of the Revised Code under circumstances in which the violation was	1630
a felony, regardless of when the prior violation and the prior	1631
conviction or guilty plea occurred, the offender is guilty of a	1632
felony of the third degree. The court shall sentence the offender	1633
in accordance with sections 2929.11 to 2929.19 of the Revised Code	1634
and, shall impose as part of the sentence a mandatory prison term	1635
of one, two, three, four, or five years as required by and in	1636
accordance with division (G)(2) of section 2929.13 of the Revised	1637
Code if the offender also pleads guilty to or also is convicted of	1638
a specification of the type described in section 2941.1413 of the	1639
Revised Code, and shall impose as part of the sentence a mandatory	1640
prison term of one hundred twenty consecutive days of imprisonment	1641
in accordance with division (G)(2) of section 2929.13 of the	1642
Revised Code if the offender does not plead guilty to and is not	1643
convicted of a specification of that type.	1644

(iii) In addition to all other sanctions imposed on an	1645
offender under division (A)(8)(a)(i) or (ii) of this section, the	1646
court shall impose upon the offender, pursuant to section 2929.18	1647
of the Revised Code, a fine of not less than eight hundred nor	1648
more than ten thousand dollars.	1649

In addition to any other sanction that it imposes upon the	1650
offender under division (A)(8)(a)(i) or (ii) of this section, the	1651
court shall require the offender to attend an alcohol and drug	1652
addiction program authorized by section 3793.02 of the Revised	1653
Code. The cost of the treatment shall be paid by the offender. If	1654
the court determines that the offender is unable to pay the cost	1655
of attendance at the treatment program, the court may order that	1656
payment of the cost of the offender's attendance at the treatment	1657
program be made from the court's indigent drivers alcohol	1658
treatment fund.	1659

Of the fine imposed pursuant to this division, two hundred	1660
ten dollars shall be paid to an enforcement and education fund	1661
established by the legislative authority of the law enforcement	1662
agency in this state that primarily was responsible for the arrest	1663
of the offender, as determined by the court that imposes the fine.	1664
The agency shall use this share to pay only those costs it incurs	1665
in enforcing section 4511.19 of the Revised Code or a	1666
substantially similar municipal ordinance and in informing the	1667
public of the laws governing operation of a motor vehicle while	1668
under the influence of alcohol, the dangers of operation of a	1669
motor vehicle while under the influence of alcohol, and other	1670
information relating to the operation of a motor vehicle and the	1671
consumption of alcoholic beverages. Four hundred forty dollars of	1672
the fine imposed pursuant to this division shall be paid to the	1673
political subdivision that pays the cost of housing the offender	1674
during the offender's term of incarceration. The political	1675
subdivision shall use this share to pay or reimburse incarceration	1676
or treatment costs it incurs in housing or providing drug and	1677
alcohol treatment to persons who violate section 4511.19 of the	1678
Revised Code or a substantially similar municipal ordinance and to	1679
pay for ignition interlock devices and electronic house arrest	1680
equipment for persons who violate that section, and this share	1681
shall be paid to the credit of the fund that pays the cost of	1682
incarceration. The balance of the fine shall be disbursed as	1683
otherwise provided by law.	1684

(b) Regardless of whether the vehicle the offender was	1685
operating at the time of the offense is registered in the	1686
offender's name or in the name of another person, the court, in	1687
addition to the sanctions imposed under division (A)(8)(a) of this	1688
section and all other sanctions provided by law and subject to	1689
section 4503.235 of the Revised Code, shall order the criminal	1690
forfeiture to the state of the vehicle the offender was operating	1691
at the time of the offense. The order of criminal forfeiture shall	1692
be issued and enforced in accordance with section 4503.234 of the	1693
Revised Code.	1694

(c) As used in division (A)(8)(a) of this section, "mandatory	1695
prison term" and "mandatory term of local incarceration" have the	1696
same meanings as in section 2929.01 of the Revised Code.	1697

(d) If title to a motor vehicle that is subject to an order	1698
for criminal forfeiture under this section is assigned or	1699
transferred and division (C)(2) or (3) of section 4503.234 of the	1700
Revised Code applies, in addition to or independent of any other	1701
penalty established by law, the court may fine the offender the	1702
value of the vehicle as determined by publications of the national	1703
auto dealer's association. The proceeds from any fine imposed	1704
under this division shall be distributed in accordance with	1705
division (D)(4) of section 4503.234 of the Revised Code.	1706

(9)(a) Except as provided in division (A)(9)(b) of this	1707
section, upon a showing that imprisonment would seriously affect	1708
the ability of an offender sentenced pursuant to division (A)(1),	1709
(2), (3), (4), (5), (6), (7), or (8) of this section to continue	1710
the offender's employment, the court may authorize that the	1711
offender be granted work release from imprisonment after the	1712
offender has served the three, six, ten, twenty, thirty, or sixty	1713
consecutive days of imprisonment or the mandatory term of local	1714
incarceration of sixty or one hundred twenty consecutive days that	1715
the court is required by division (A)(1), (2), (3), (4), (5), (6),	1716
(7), or (8) of this section to impose. No court shall authorize	1717
work release from imprisonment during the three, six, ten, twenty,	1718
thirty, or sixty consecutive days of imprisonment or the mandatory	1719
term of local incarceration or mandatory prison term of sixty or	1720
one hundred twenty consecutive days that the court is required by	1721
division (A)(1), (2), (3), (4), (5), (6), (7), or (8) of this	1722
section to impose. The duration of the work release shall not	1723
exceed the time necessary each day for the offender to commute to	1724
and from the place of employment and the place of imprisonment and	1725
the time actually spent under employment.	1726

(b) An offender who is sentenced pursuant to division (A)(2),	1727
(3), (6), or (7) of this section to a term of imprisonment	1728
followed by a period of electronically monitored house arrest is	1729
not eligible for work release from imprisonment, but that person	1730
shall be permitted work release during the period of	1731
electronically monitored house arrest. No court shall authorize	1732
work release from a mandatory prison term that the court is	1733
required to impose under division (G)(2) of section 2929.13 of the	1734
Revised Code. The duration of the work release shall not exceed	1735
the time necessary each day for the offender to commute to and	1736
from the place of employment and the offender's home or other	1737
place specified by the sentencing court and the time actually	1738
spent under employment.	1739

(10) Notwithstanding any section of the Revised Code that	1740
authorizes the suspension of the imposition or execution of a	1741
sentence, the placement of an offender in any treatment program in	1742
lieu of imprisonment, or the use of a community control sanction	1743
for an offender convicted of a felony, no court shall suspend the	1744
ten, twenty, thirty, or sixty consecutive days of imprisonment	1745
required to be imposed on an offender by division (A)(2), (3),	1746
(6), or (7) of this section, no court shall place an offender who	1747
is sentenced pursuant to division (A)(2), (3), (4), (6), (7), or	1748
(8) of this section in any treatment program in lieu of	1749
imprisonment until after the offender has served the ten, twenty,	1750
thirty, or sixty consecutive days of imprisonment or the mandatory	1751
term of local incarceration or mandatory prison term of sixty or	1752
one hundred twenty consecutive days required to be imposed	1753
pursuant to division (A)(2), (3), (4), (6), (7), or (8) of this	1754
section or a mandatory prison term of one, two, three, four, or	1755
five years that the court is required to impose under division	1756
(G)(2) of section 2929.13 of the Revised Code, no court that	1757
sentences an offender under division (A)(4) or (8) of this section	1758
shall impose any sanction other than a mandatory term of local	1759
incarceration or mandatory prison term to apply to the offender	1760
until after the offender has served the mandatory term of local	1761
incarceration or mandatory prison term of sixty or one hundred	1762
twenty consecutive days required to be imposed pursuant to	1763
division (A)(4) or (8) of this section or division (G) of section	1764
2929.13 of the Revised Code, and no court that imposes a sentence	1765
of imprisonment and a period of electronically monitored house	1766
arrest upon an offender under division (A)(2), (3), (6), or (7) of	1767
this section shall suspend any portion of the sentence or place	1768
the offender in any treatment program in lieu of imprisonment or	1769
electronically monitored house arrest. Notwithstanding any section	1770
of the Revised Code that authorizes the suspension of the	1771
imposition or execution of a sentence or the placement of an	1772
offender in any treatment program in lieu of imprisonment, no	1773
court, except as specifically authorized by division (A)(1) or (5)	1774
of this section, shall suspend the three or more consecutive days	1775
of imprisonment required to be imposed by division (A)(1) or (5)	1776
of this section or place an offender who is sentenced pursuant to	1777
division (A)(1) or (5) of this section in any treatment program in	1778
lieu of imprisonment until after the offender has served the three	1779
or more consecutive days of imprisonment required to be imposed	1780
pursuant to division (A)(1) or (5) of this section.	1781

(11) No court shall sentence an offender to an alcohol	1782
treatment program pursuant to division (A)(1), (2), (3), (4), (5),	1783
(6), (7), or (8) of this section unless the treatment program	1784
complies with the minimum standards adopted pursuant to Chapter	1785
3793. of the Revised Code by the director of alcohol and drug	1786
addiction services.	1787

(12) No court shall impose the alternative sentence of a term	1788
of imprisonment plus a term of electronically monitored house	1789
arrest permitted to be imposed by division (A)(2), (3), (6), or	1790
(7) of this section, unless within sixty days of the date of	1791
sentencing, the court issues a written finding, entered into the	1792
record, that due to the unavailability of space at the	1793
incarceration facility where the offender is required to serve the	1794
term of imprisonment imposed upon the offender, the offender will	1795
not be able to commence serving the term of imprisonment within	1796
the sixty-day period following the date of sentencing. If the	1797
court issues such a written finding, the court may impose the	1798
alternative sentence comprised of a term of imprisonment and a	1799
term of electronically monitored house arrest permitted to be	1800
imposed by division (A)(2), (3), (6), or (7) of this section.	1801

(B) Whoever violates section 4511.192, 4511.251, or 4511.85	1802
of the Revised Code is guilty of a misdemeanor of the first	1803
degree. The court, in addition to or independent of all other	1804
penalties provided by law, may suspend for a period not to exceed	1805
one year the driver's or commercial driver's license or permit or	1806
nonresident operating privilege of any person who pleads guilty to	1807
or is convicted of a violation of section 4511.192 of the Revised	1808
Code.	1809

(C) Whoever violates section 4511.63, 4511.76, 4511.761,	1810
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is	1811
guilty of one of the following:	1812

(1) Except as otherwise provided in division (C)(2) of this	1813
section, a minor misdemeanor.	1814

(2) If the offender previously has been convicted of or	1815
pleaded guilty to one or more violations of section 4511.63,	1816
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the	1817
Revised Code or a municipal ordinance that is substantially	1818
similar to any of those sections, a misdemeanor of the fourth	1819
degree.	1820

(D)(1) Whoever violates any provision of sections 4511.01 to	1821
4511.76 or section 4511.84 of the Revised Code, for which no	1822
penalty otherwise is provided in this section is guilty of one of	1823
the following:	1824

(a) Except as otherwise provided in division (D)(1)(b),	1825
(1)(c), (2), (3), or (4) of this section, a minor misdemeanor;	1826

(b) If, within one year of the offense, the offender	1827
previously has been convicted of or pleaded guilty to one	1828
violation of any provision of sections 4511.01 to 4511.76 or	1829
section 4511.84 of the Revised Code for which no penalty otherwise	1830
is provided in this section or a municipal ordinance that is	1831
substantially similar to any provision of sections 4511.01 to	1832
4511.76 or section 4511.84 of the Revised Code for which no	1833
penalty otherwise is provided in this section, a misdemeanor of	1834
the fourth degree;	1835

(c) If, within one year of the offense, the offender	1836
previously has been convicted of or pleaded guilty to two or more	1837
violations of any provision described in division (D)(1)(b) of	1838
this section or any municipal ordinance that is substantially	1839
similar to any of those provisions, a misdemeanor of the third	1840
degree.	1841

(2) When any person is found guilty of a first offense for a	1842
violation of section 4511.21 of the Revised Code upon a finding	1843
that the person operated a motor vehicle faster than thirty-five	1844
miles an hour in a business district of a municipal corporation,	1845
or faster than fifty miles an hour in other portions, or faster	1846
than thirty-five miles an hour while passing through a school zone	1847
during recess or while children are going to or leaving school	1848
during the opening or closing hours, the person is guilty of a	1849
misdemeanor of the fourth degree.	1850

(3) Notwithstanding section 2929.21 of the Revised Code, upon	1851
a finding that such person operated a motor vehicle in a	1852
construction zone where a sign was then posted in accordance with	1853
section 4511.98 of the Revised Code, the court, in addition to all	1854
other penalties provided by law, shall impose a fine of two times	1855
the usual amount imposed for the violation. No court shall impose	1856
a fine of two times the usual amount imposed for the violation	1857
upon an offender who alleges, in an affidavit filed with the court	1858
prior to the offender's sentencing, that the offender is indigent	1859
and is unable to pay the fine imposed pursuant to this division,	1860
provided the court determines the offender is an indigent person	1861
and is unable to pay the fine.	1862

(4) Notwithstanding section 2929.21 of the Revised Code, upon	1863
a finding that a person operated a motor vehicle in violation of	1864
division (C) of section 4511.213 of the Revised Code, the court,	1865
in addition to all other penalties provided by law, shall impose a	1866
fine of two times the usual amount imposed for the violation.	1867

(E) Whenever a person is found guilty in a court of record of	1868
a violation of section 4511.761, 4511.762, or 4511.77 of the	1869
Revised Code, the trial judge, in addition to or independent of	1870
all other penalties provided by law, may suspend for any period of	1871
time not exceeding three years, or revoke the license of any	1872
person, partnership, association, or corporation, issued under	1873
section 4511.763 of the Revised Code.	1874

(F) Whoever violates division (E) or (F) of section 4511.51,	1875
division (A), (D), or (E) of section 4511.521, section 4511.681,	1876
division (A) or (C) of section 4511.69, section 4511.772, or	1877
division (A) or (B) of section 4511.82 of the Revised Code is	1878
guilty of a minor misdemeanor.	1879

(G) Whoever violates division (A) of section 4511.75 of the	1880
Revised Code may be fined an amount not to exceed five hundred	1881
dollars. A person who is issued a citation for a violation of	1882
division (A) of section 4511.75 of the Revised Code is not	1883
permitted to enter a written plea of guilty and waive the person's	1884
right to contest the citation in a trial, but instead must appear	1885
in person in the proper court to answer the charge.	1886

(H)(1) Whoever is a resident of this state and violates	1887
division (A) or (B) of section 4511.81 of the Revised Code shall	1888
be punished as follows:	1889

(a) Except as otherwise provided in division (H)(1)(b) of	1890
this section, the offender is guilty of a minor misdemeanor.	1891

(b) If the offender previously has been convicted of or	1892
pleaded guilty to a violation of division (A) or (B) of section	1893
4511.81 of the Revised Code or of a municipal ordinance that is	1894
substantially similar to either of those divisions, the offender	1895
is guilty of a misdemeanor of the fourth degree.	1896

(2) Whoever is not a resident of this state, violates	1897
division (A) or (B) of section 4511.81 of the Revised Code, and	1898
fails to prove by a preponderance of the evidence that the	1899
offender's use or nonuse of a child restraint system was in	1900
accordance with the law of the state of which the offender is a	1901
resident is guilty of a minor misdemeanor on a first offense; on a	1902
second or subsequent offense, that person is guilty of a	1903
misdemeanor of the fourth degree.	1904

(3) All fines imposed pursuant to division (H)(1) or (2) of	1905
this section shall be forwarded to the treasurer of state for	1906
deposit in the "child highway safety fund" created by division (G)	1907
of section 4511.81 of the Revised Code.	1908

(I) Whoever violates section 4511.202 of the Revised Code is	1909
guilty of operating a motor vehicle without being in control of	1910
it, a minor misdemeanor.	1911

(J) Whoever violates division (B) of section 4511.74,	1912
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of	1913
section 4511.83 of the Revised Code is guilty of a misdemeanor of	1914
the first degree.	1915

(K) Except as otherwise provided in this division, whoever	1916
violates division (E) of section 4511.11, division (A) or (C) of	1917
section 4511.17, or section 4511.18 of the Revised Code is guilty	1918
of a misdemeanor of the third degree. If a violation of division	1919
(A) or (C) of section 4511.17 of the Revised Code creates a risk	1920
of physical harm to any person, the offender is guilty of a	1921
misdemeanor of the first degree. A violation of division (A) or	1922
(C) of section 4511.17 of the Revised Code that causes serious	1923
physical harm to property that is owned, leased, or controlled by	1924
a state or local authority is a felony of the fifth degree.	1925

(L) Whoever violates division (H) of section 4511.69 of the	1926
Revised Code shall be punished as follows:	1927

(1) Except as otherwise provided in division (L)(2) of this	1928
section, the offender shall be issued a warning.	1929

(2) If the offender previously has been convicted of or	1930
pleaded guilty to a violation of division (H) of section 4511.69	1931
of the Revised Code or of a municipal ordinance that is	1932
substantially similar to that division, the offender shall not be	1933
issued a warning but shall be fined twenty-five dollars for each	1934
parking location that is not properly marked or whose markings are	1935
not properly maintained.	1936

(M) Whoever violates division (A)(1) or (2) of section	1937
4511.45 of the Revised Code is guilty of a misdemeanor of the	1938
fourth degree on a first offense; on a second offense within one	1939
year after the first offense, the person is guilty of a	1940
misdemeanor of the third degree; and on each subsequent offense	1941
within one year after the first offense, the person is guilty of a	1942
misdemeanor of the second degree.	1943

(N)(1) Whoever violates division (B) of section 4511.19 of	1944
the Revised Code is guilty of operating a motor vehicle after	1945
under-age alcohol consumption and shall be punished as follows:	1946

(a) Except as otherwise provided in division (N)(1)(b) of	1947
this section, the offender is guilty of a misdemeanor of the	1948
fourth degree.	1949

(b) The offender is guilty of a misdemeanor of the third	1950
degree if, within one year of the offense, the offender has been	1951
convicted of or pleaded guilty to any violation of the following:	1952

(i) Division (A) or (B) of section 4511.19 of the Revised	1953
Code;	1954

(ii) A municipal ordinance relating to operating a vehicle	1955
while under the influence of alcohol, a drug of abuse, or alcohol	1956
and a drug of abuse;	1957

(iii) A municipal ordinance relating to operating a vehicle	1958
with a prohibited concentration of alcohol in the blood, breath,	1959
or urine;	1960

(iv) Section 2903.04 of the Revised Code in a case in which	1961
the offender was subject to the sanctions described in division	1962
(D) of that section;	1963

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	1964
section 2903.08 of the Revised Code or a municipal ordinance that	1965
is substantially similar to either of those divisions;	1966

(vi) Division (A)(2), (3), or (4) of section 2903.06 or	1967
division (A)(2) of section 2903.08 of the Revised Code or a	1968
municipal ordinance that is substantially similar to any of those	1969
divisions, or former section 2903.07 of the Revised Code or a	1970
substantially similar municipal ordinance, in a case in which the	1971
jury or judge found that the offender was under the influence of	1972
alcohol, a drug of abuse, or alcohol and a drug of abuse;	1973

(vii) A statute of the United States or of any other state or	1974
a municipal ordinance of a municipal corporation located in any	1975
other state that is substantially similar to division (A) or (B)	1976
of section 4511.19 of the Revised Code.	1977

(2) In addition to or independent of all other penalties	1978
provided by law, the offender's driver's or commercial driver's	1979
license or permit or nonresident operating privilege shall be	1980
suspended in accordance with, and for the period of time specified	1981
in, division (E) of section 4507.16 of the Revised Code.	1982

(O) Whoever violates section 4511.62 of the Revised Code is	1983
guilty of a misdemeanor of the fourth degree.	1984

(P) Whoever violates division (F)(1)(a) or (b) of section	1985
4511.69 of the Revised Code is guilty of a misdemeanor and shall	1986
be fined not less than two hundred fifty nor more than five	1987
hundred dollars, but in no case shall an offender be sentenced to	1988
any term of imprisonment.	1989

Arrest or conviction for a violation of division (F)(1)(a) or	1990
(b) of section 4511.69 of the Revised Code does not constitute a	1991
criminal record and need not be reported by the person so arrested	1992
or convicted in response to any inquiries contained in any	1993
application for employment, license, or other right or privilege,	1994
or made in connection with the person's appearance as a witness.	1995

Every fine collected under this division shall be paid by the	1996
clerk of the court to the political subdivision in which the	1997
violation occurred. Except as provided in this division, the	1998
political subdivision shall use the fine moneys it receives under	1999
this division to pay the expenses it incurs in complying with the	2000
signage and notice requirements contained in division (E) of	2001
section 4511.69 of the Revised Code. The political subdivision may	2002
use up to fifty per cent of each fine it receives under this	2003
division to pay the costs of educational, advocacy, support, and	2004
assistive technology programs for persons with disabilities, and	2005
for public improvements within the political subdivision that	2006
benefit or assist persons with disabilities, if governmental	2007
agencies or nonprofit organizations offer the programs.	2008

(Q)(1) Whoever violates division (B) or (C) of section	2009
4511.512 of the Revised Code is guilty of a minor misdemeanor and	2010
shall be punished as follows:	2011

(a) The offender shall be fined ten dollars.

2012

(b) If the offender previously has been convicted of or	2013
pleaded guilty to a violation of division (B) or (C) of section	2014
4511.512 of the Revised Code or a substantially similar municipal	2015
ordinance, the court, in addition to imposing the fine required	2016
under division (Q)(1)(a) of this section, shall do one of the	2017
following:	2018

(i) Order the impoundment for not less than one day but not	2019
more than thirty days of the electric personal assistive mobility	2020
device that was involved in the current violation of that	2021
division. The court shall order the device to be impounded at a	2022
safe indoor location designated by the court and may assess	2023
storage fees of not more than five dollars per day, provided the	2024
total storage, processing, and release fees assessed against the	2025
offender or the device in connection with the device's impoundment	2026
or subsequent release shall not exceed fifty dollars.	2027

(ii) If the court does not issue an impoundment order	2028
pursuant to division (Q)(1)(b)(i) of this section, issue an order	2029
prohibiting the offender from operating any electric personal	2030
assistive mobility device on the public streets, highways,	2031
sidewalks, and paths and portions of roadways set aside for the	2032
exclusive use of bicycles for not less than one day but not more	2033
than thirty days.	2034

(2) Whoever violates division (D) of section 4511.512 of the	2035
Revised Code is guilty of a minor misdemeanor.	2036

Sec. 4513.39.  (A) The state highway patrol and sheriffs or	2037
their deputies shall exercise, to the exclusion of all other peace	2038
officers except within municipal corporations and except as	2039
specified in division (B) of this section and division (E) of	2040
section 2935.03 of the Revised Code, the power to make arrests for	2041
violations on all state highways, of sections 4503.11, 4503.21,	2042
4511.14 to 4511.16, 4511.20 to 4511.23, 4511.26 to 4511.40,	2043
4511.42 to 4511.48, 4511.58, 4511.59, 4511.62 to 4511.71, 4513.03	2044
to 4513.13, 4513.15 to 4513.22, 4513.24 to 4513.34, 4549.01,	2045
4549.08 to 4549.12, and 4549.62 of the Revised Code.	2046

(B) A member of the police force of a township police	2047
district created under section 505.48 of the Revised Code, and a	2048
township constable appointed pursuant to section 509.01 of the	2049
Revised Code, who has received a certificate from the Ohio peace	2050
officer training commission under section 109.75 of the Revised	2051
Code, shall exercise the power to make arrests for violations of	2052
those sections listed in division (A) of this section, other than	2053
sections 4513.33 and 4513.34 of the Revised Code, as follows:	2054

(1) If the population of the township that created the	2055
township police district served by the member's police force or	2056
the township that is served by the township constable is sixty	2057
fifty thousand or less, the member or constable shall exercise	2058
that power on those portions of all state highways, except those	2059
highways included as part of the interstate system, as defined in	2060
section 5516.01 of the Revised Code, that are located within the	2061
township police district, in the case of a member of a township	2062
police district police force, or within the unincorporated	2063
territory of the township, in the case of a township constable;	2064

(2) If the population of the township that created the	2065
township police district served by the member's police force or	2066
the township that is served by the township constable is greater	2067
than sixtyfifty thousand, the member or constable shall exercise	2068
that power on those portions of all state highways and highways	2069
included as part of the interstate highway system, as defined in	2070
section 5516.01 of the Revised Code, that are located within the	2071
township police district, in the case of a member of a township	2072
police district police force, or within the unincorporated	2073
territory of the township, in the case of a township constable.	2074

Section 2. That existing sections 1901.41, 2903.08, 2929.01,	2075
2929.13, 2929.21, 4511.99, and 4513.39 of the Revised Code are	2076
hereby repealed.	2077

Section 3. That sections 2929.01, 2929.13, and 4511.19 of the	2078
Revised Code that are scheduled to take effect on January 1, 2004,	2079
be amended to read as follows:	2080

Sec. 2929.01.  As used in this chapter:

2081

(A)(1) "Alternative residential facility" means, subject to	2082
division (A)(2) of this section, any facility other than an	2083
offender's home or residence in which an offender is assigned to	2084
live and that satisfies all of the following criteria:	2085

(a) It provides programs through which the offender may seek	2086
or maintain employment or may receive education, training,	2087
treatment, or habilitation.	2088

(b) It has received the appropriate license or certificate	2089
for any specialized education, training, treatment, habilitation,	2090
or other service that it provides from the government agency that	2091
is responsible for licensing or certifying that type of education,	2092
training, treatment, habilitation, or service.	2093

(2) "Alternative residential facility" does not include a	2094
community-based correctional facility, jail, halfway house, or	2095
prison.	2096

(B) "Bad time" means the time by which the parole board	2097
administratively extends an offender's stated prison term or terms	2098
pursuant to section 2967.11 of the Revised Code because the parole	2099
board finds by clear and convincing evidence that the offender,	2100
while serving the prison term or terms, committed an act that is a	2101
criminal offense under the law of this state or the United States,	2102
whether or not the offender is prosecuted for the commission of	2103
that act.	2104

(C) "Basic probation supervision" means a requirement that	2105
the offender maintain contact with a person appointed to supervise	2106
the offender in accordance with sanctions imposed by the court or	2107
imposed by the parole board pursuant to section 2967.28 of the	2108
Revised Code. "Basic probation supervision" includes basic parole	2109
supervision and basic post-release control supervision.	2110

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	2111
"unit dose" have the same meanings as in section 2925.01 of the	2112
Revised Code.	2113

(E) "Community-based correctional facility" means a	2114
community-based correctional facility and program or district	2115
community-based correctional facility and program developed	2116
pursuant to sections 2301.51 to 2301.56 of the Revised Code.	2117

(F) "Community control sanction" means a sanction that is not	2118
a prison term and that is described in section 2929.15, 2929.16,	2119
2929.17, or 2929.18 of the Revised Code.	2120

(G) "Controlled substance," "marihuana," "schedule I," and	2121
"schedule II" have the same meanings as in section 3719.01 of the	2122
Revised Code.	2123

(H) "Curfew" means a requirement that an offender during a	2124
specified period of time be at a designated place.	2125

(I) "Day reporting" means a sanction pursuant to which an	2126
offender is required each day to report to and leave a center or	2127
other approved reporting location at specified times in order to	2128
participate in work, education or training, treatment, and other	2129
approved programs at the center or outside the center.	2130

(J) "Deadly weapon" has the same meaning as in section	2131
2923.11 of the Revised Code.	2132

(K) "Drug and alcohol use monitoring" means a program under	2133
which an offender agrees to submit to random chemical analysis of	2134
the offender's blood, breath, or urine to determine whether the	2135
offender has ingested any alcohol or other drugs.	2136

(L) "Drug treatment program" means any program under which a	2137
person undergoes assessment and treatment designed to reduce or	2138
completely eliminate the person's physical or emotional reliance	2139
upon alcohol, another drug, or alcohol and another drug and under	2140
which the person may be required to receive assessment and	2141
treatment on an outpatient basis or may be required to reside at a	2142
facility other than the person's home or residence while	2143
undergoing assessment and treatment.	2144

(M) "Economic loss" means any economic detriment suffered by	2145
a victim as a result of the commission of a felony and includes	2146
any loss of income due to lost time at work because of any injury	2147
caused to the victim, and any property loss, medical cost, or	2148
funeral expense incurred as a result of the commission of the	2149
felony.	2150

(N) "Education or training" includes study at, or in	2151
conjunction with a program offered by, a university, college, or	2152
technical college or vocational study and also includes the	2153
completion of primary school, secondary school, and literacy	2154
curricula or their equivalent.	2155

(O) "Electronically monitored house arrest" has the same	2156
meaning as in section 2929.23 of the Revised Code.	2157

(P) "Eligible offender" has the same meaning as in section	2158
2929.23 of the Revised Code except as otherwise specified in	2159
section 2929.20 of the Revised Code.	2160

(Q) "Firearm" has the same meaning as in section 2923.11 of	2161
the Revised Code.	2162

(R) "Halfway house" means a facility licensed by the division	2163
of parole and community services of the department of	2164
rehabilitation and correction pursuant to section 2967.14 of the	2165
Revised Code as a suitable facility for the care and treatment of	2166
adult offenders.	2167

(S) "House arrest" means a period of confinement of an	2168
eligible offender that is in the eligible offender's home or in	2169
other premises specified by the sentencing court or by the parole	2170
board pursuant to section 2967.28 of the Revised Code, that may be	2171
electronically monitored house arrest, and during which all of the	2172
following apply:	2173

(1) The eligible offender is required to remain in the	2174
eligible offender's home or other specified premises for the	2175
specified period of confinement, except for periods of time during	2176
which the eligible offender is at the eligible offender's place of	2177
employment or at other premises as authorized by the sentencing	2178
court or by the parole board.	2179

(2) The eligible offender is required to report periodically	2180
to a person designated by the court or parole board.	2181

(3) The eligible offender is subject to any other	2182
restrictions and requirements that may be imposed by the	2183
sentencing court or by the parole board.	2184

(T) "Intensive probation supervision" means a requirement	2185
that an offender maintain frequent contact with a person appointed	2186
by the court, or by the parole board pursuant to section 2967.28	2187
of the Revised Code, to supervise the offender while the offender	2188
is seeking or maintaining necessary employment and participating	2189
in training, education, and treatment programs as required in the	2190
court's or parole board's order. "Intensive probation supervision"	2191
includes intensive parole supervision and intensive post-release	2192
control supervision.	2193

(U) "Jail" means a jail, workhouse, minimum security jail, or	2194
other residential facility used for the confinement of alleged or	2195
convicted offenders that is operated by a political subdivision or	2196
a combination of political subdivisions of this state.	2197

(V) "Delinquent child" has the same meaning as in section	2198
2152.02 of the Revised Code.	2199

(W) "License violation report" means a report that is made by	2200
a sentencing court, or by the parole board pursuant to section	2201
2967.28 of the Revised Code, to the regulatory or licensing board	2202
or agency that issued an offender a professional license or a	2203
license or permit to do business in this state and that specifies	2204
that the offender has been convicted of or pleaded guilty to an	2205
offense that may violate the conditions under which the offender's	2206
professional license or license or permit to do business in this	2207
state was granted or an offense for which the offender's	2208
professional license or license or permit to do business in this	2209
state may be revoked or suspended.	2210

(X) "Major drug offender" means an offender who is convicted	2211
of or pleads guilty to the possession of, sale of, or offer to	2212
sell any drug, compound, mixture, preparation, or substance that	2213
consists of or contains at least one thousand grams of hashish; at	2214
least one hundred grams of crack cocaine; at least one thousand	2215
grams of cocaine that is not crack cocaine; at least two thousand	2216
five hundred unit doses or two hundred fifty grams of heroin; at	2217
least five thousand unit doses of L.S.D. or five hundred grams of	2218
L.S.D. in a liquid concentrate, liquid extract, or liquid	2219
distillate form; or at least one hundred times the amount of any	2220
other schedule I or II controlled substance other than marihuana	2221
that is necessary to commit a felony of the third degree pursuant	2222
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	2223
Code that is based on the possession of, sale of, or offer to sell	2224
the controlled substance.	2225

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

2226

(1) Subject to division (Y)(2) of this section, the term in	2227
prison that must be imposed for the offenses or circumstances set	2228
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and	2229
division (D) of section 2929.14 of the Revised Code. Except as	2230
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and	2231
2925.11 of the Revised Code, unless the maximum or another	2232
specific term is required under section 2929.14 of the Revised	2233
Code, a mandatory prison term described in this division may be	2234
any prison term authorized for the level of offense.	2235

(2) The term of sixty or one hundred twenty days in prison	2236
that a sentencing court is required to impose for a third or	2237
fourth degree felony OVI offense pursuant to division (G)(2) of	2238
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	2239
of the Revised Code or the term of one, two, three, four, or five	2240
years in prison that a sentencing court is required to impose	2241
pursuant to division (G)(2) of section 2929.13 of the Revised	2242
Code.	2243

(3) The term in prison imposed pursuant to section 2971.03 of	2244
the Revised Code for the offenses and in the circumstances	2245
described in division (F)(11) of section 2929.13 of the Revised	2246
Code and that term as modified or terminated pursuant to section	2247
2971.05 of the Revised Code.	2248

(Z) "Monitored time" means a period of time during which an	2249
offender continues to be under the control of the sentencing court	2250
or parole board, subject to no conditions other than leading a	2251
law-abiding life.	2252

(AA) "Offender" means a person who, in this state, is	2253
convicted of or pleads guilty to a felony or a misdemeanor.	2254

(BB) "Prison" means a residential facility used for the	2255
confinement of convicted felony offenders that is under the	2256
control of the department of rehabilitation and correction but	2257
does not include a violation sanction center operated under	2258
authority of section 2967.141 of the Revised Code.	2259

(CC) "Prison term" includes any of the following sanctions	2260
for an offender:	2261

(1) A stated prison term;

2262

(2) A term in a prison shortened by, or with the approval of,	2263
the sentencing court pursuant to section 2929.20, 2967.26,	2264
5120.031, 5120.032, or 5120.073 of the Revised Code;	2265

(3) A term in prison extended by bad time imposed pursuant to	2266
section 2967.11 of the Revised Code or imposed for a violation of	2267
post-release control pursuant to section 2967.28 of the Revised	2268
Code.	2269

(DD) "Repeat violent offender" means a person about whom both	2270
of the following apply:	2271

(1) The person has been convicted of or has pleaded guilty	2272
to, and is being sentenced for committing, for complicity in	2273
committing, or for an attempt to commit, aggravated murder,	2274
murder, involuntary manslaughter, a felony of the first degree	2275
other than one set forth in Chapter 2925. of the Revised Code, a	2276
felony of the first degree set forth in Chapter 2925. of the	2277
Revised Code that involved an attempt to cause serious physical	2278
harm to a person or that resulted in serious physical harm to a	2279
person, or a felony of the second degree that involved an attempt	2280
to cause serious physical harm to a person or that resulted in	2281
serious physical harm to a person.	2282

(2) Either of the following applies:

2283

(a) The person previously was convicted of or pleaded guilty	2284
to, and previously served or, at the time of the offense was	2285
serving, a prison term for, any of the following:	2286

(i) Aggravated murder, murder, involuntary manslaughter,	2287
rape, felonious sexual penetration as it existed under section	2288
2907.12 of the Revised Code prior to September 3, 1996, a felony	2289
of the first or second degree that resulted in the death of a	2290
person or in physical harm to a person, or complicity in or an	2291
attempt to commit any of those offenses;	2292

(ii) An offense under an existing or former law of this	2293
state, another state, or the United States that is or was	2294
substantially equivalent to an offense listed under division	2295
(DD)(2)(a)(i) of this section and that resulted in the death of a	2296
person or in physical harm to a person.	2297

(b) The person previously was adjudicated a delinquent child	2298
for committing an act that if committed by an adult would have	2299
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	2300
section, the person was committed to the department of youth	2301
services for that delinquent act.	2302

(EE) "Sanction" means any penalty imposed upon an offender	2303
who is convicted of or pleads guilty to an offense, as punishment	2304
for the offense. "Sanction" includes any sanction imposed pursuant	2305
to any provision of sections 2929.14 to 2929.18 of the Revised	2306
Code.	2307

(FF) "Sentence" means the sanction or combination of	2308
sanctions imposed by the sentencing court on an offender who is	2309
convicted of or pleads guilty to a felony.	2310

(GG) "Stated prison term" means the prison term, mandatory	2311
prison term, or combination of all prison terms and mandatory	2312
prison terms imposed by the sentencing court pursuant to section	2313
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	2314
includes any credit received by the offender for time spent in	2315
jail awaiting trial, sentencing, or transfer to prison for the	2316
offense and any time spent under house arrest or electronically	2317
monitored house arrest imposed after earning credits pursuant to	2318
section 2967.193 of the Revised Code.	2319

(HH) "Victim-offender mediation" means a reconciliation or	2320
mediation program that involves an offender and the victim of the	2321
offense committed by the offender and that includes a meeting in	2322
which the offender and the victim may discuss the offense, discuss	2323
restitution, and consider other sanctions for the offense.	2324

(II) "Fourth degree felony OVI offense" means a violation of	2325
division (A) of section 4511.19 of the Revised Code that, under	2326
division (G) of that section, is a felony of the fourth degree.	2327

(JJ) "Mandatory term of local incarceration" means the term	2328
of sixty or one hundred twenty days in a jail, a community-based	2329
correctional facility, a halfway house, or an alternative	2330
residential facility that a sentencing court may impose upon a	2331
person who is convicted of or pleads guilty to a fourth degree	2332
felony OVI offense pursuant to division (G)(1) of section 2929.13	2333
of the Revised Code and division (G)(1)(d) or (e) of section	2334
4511.19 of the Revised Code.	2335

(KK) "Designated homicide, assault, or kidnapping offense,"	2336
"sexual motivation specification," "sexually violent offense,"	2337
"sexually violent predator," and "sexually violent predator	2338
specification" have the same meanings as in section 2971.01 of the	2339
Revised Code.	2340

(LL) "Habitual sex offender," "sexually oriented offense,"	2341
and "sexual predator" have the same meanings as in section 2950.01	2342
of the Revised Code.	2343

(MM) An offense is "committed in the vicinity of a child" if	2344
the offender commits the offense within thirty feet of or within	2345
the same residential unit as a child who is under eighteen years	2346
of age, regardless of whether the offender knows the age of the	2347
child or whether the offender knows the offense is being committed	2348
within thirty feet of or within the same residential unit as the	2349
child and regardless of whether the child actually views the	2350
commission of the offense.	2351

(NN) "Family or household member" has the same meaning as in	2352
section 2919.25 of the Revised Code.	2353

(OO) "Motor vehicle" and "manufactured home" have the same	2354
meanings as in section 4501.01 of the Revised Code.	2355

(PP) "Detention" and "detention facility" have the same	2356
meanings as in section 2921.01 of the Revised Code.	2357

(QQ) "Third degree felony OVI offense" means a violation of	2358
division (A) of section 4511.19 of the Revised Code that, under	2359
division (G) of that section, is a felony of the third degree.	2360

(RR) "Random drug testing" has the same meaning as in section	2361
5120.63 of the Revised Code.	2362

(SS) "Felony sex offense" has the same meaning as in section	2363
2957.28 of the Revised Code.	2364

(TT) "Body armor" has the same meaning as in section	2365
2941.1411 of the Revised Code.	2366

Sec. 2929.13.  (A) Except as provided in division (E), (F),	2367
or (G) of this section and unless a specific sanction is required	2368
to be imposed or is precluded from being imposed pursuant to law,	2369
a court that imposes a sentence upon an offender for a felony may	2370
impose any sanction or combination of sanctions on the offender	2371
that are provided in sections 2929.14 to 2929.18 of the Revised	2372
Code. The sentence shall not impose an unnecessary burden on state	2373
or local government resources.	2374

If the offender is eligible to be sentenced to community	2375
control sanctions, the court shall consider the appropriateness of	2376
imposing a financial sanction pursuant to section 2929.18 of the	2377
Revised Code or a sanction of community service pursuant to	2378
section 2929.17 of the Revised Code as the sole sanction for the	2379
offense. Except as otherwise provided in this division, if the	2380
court is required to impose a mandatory prison term for the	2381
offense for which sentence is being imposed, the court also may	2382
impose a financial sanction pursuant to section 2929.18 of the	2383
Revised Code but may not impose any additional sanction or	2384
combination of sanctions under section 2929.16 or 2929.17 of the	2385
Revised Code.	2386

If the offender is being sentenced for a fourth degree felony	2387
OVI offense or for a third degree felony OVI offense, in addition	2388
to the mandatory term of local incarceration or the mandatory	2389
prison term required for the offense by division (G)(1) or (2) of	2390
this section, the court shall impose upon the offender a mandatory	2391
fine in accordance with division (B)(3) of section 2929.18 of the	2392
Revised Code and may impose whichever of the following is	2393
applicable:	2394

(1) For a fourth degree felony OVI offense for which sentence	2395
is imposed under division (G)(1) of this section, an additional	2396
community control sanction or combination of community control	2397
sanctions under section 2929.16 or 2929.17 of the Revised Code;	2398

(2) For a third or fourth degree felony OVI offense for which	2399
sentence is imposed under division (G)(2) of this section, an	2400
additional prison term as described in division (D)(4) of section	2401
2929.14 of the Revised Code.	2402

(B)(1) Except as provided in division (B)(2), (E), (F), or	2403
(G) of this section, in sentencing an offender for a felony of the	2404
fourth or fifth degree, the sentencing court shall determine	2405
whether any of the following apply:	2406

(a) In committing the offense, the offender caused physical	2407
harm to a person.	2408

(b) In committing the offense, the offender attempted to	2409
cause or made an actual threat of physical harm to a person with a	2410
deadly weapon.	2411

(c) In committing the offense, the offender attempted to	2412
cause or made an actual threat of physical harm to a person, and	2413
the offender previously was convicted of an offense that caused	2414
physical harm to a person.	2415

(d) The offender held a public office or position of trust	2416
and the offense related to that office or position; the offender's	2417
position obliged the offender to prevent the offense or to bring	2418
those committing it to justice; or the offender's professional	2419
reputation or position facilitated the offense or was likely to	2420
influence the future conduct of others.	2421

(e) The offender committed the offense for hire or as part of	2422
an organized criminal activity.	2423

(f) The offense is a sex offense that is a fourth or fifth	2424
degree felony violation of section 2907.03, 2907.04, 2907.05,	2425
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	2426
Revised Code.	2427

(g) The offender at the time of the offense was serving, or	2428
the offender previously had served, a prison term.	2429

(h) The offender committed the offense while under a	2430
community control sanction, while on probation, or while released	2431
from custody on a bond or personal recognizance.	2432

(i) The offender committed the offense while in possession of	2433
a firearm.	2434

(2)(a) If the court makes a finding described in division	2435
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	2436
section and if the court, after considering the factors set forth	2437
in section 2929.12 of the Revised Code, finds that a prison term	2438
is consistent with the purposes and principles of sentencing set	2439
forth in section 2929.11 of the Revised Code and finds that the	2440
offender is not amenable to an available community control	2441
sanction, the court shall impose a prison term upon the offender.	2442

(b) Except as provided in division (E), (F), or (G) of this	2443
section, if the court does not make a finding described in	2444
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	2445
this section and if the court, after considering the factors set	2446
forth in section 2929.12 of the Revised Code, finds that a	2447
community control sanction or combination of community control	2448
sanctions is consistent with the purposes and principles of	2449
sentencing set forth in section 2929.11 of the Revised Code, the	2450
court shall impose a community control sanction or combination of	2451
community control sanctions upon the offender.	2452

(C) Except as provided in division (E), (F), or (G) of this	2453
section, in determining whether to impose a prison term as a	2454
sanction for a felony of the third degree or a felony drug offense	2455
that is a violation of a provision of Chapter 2925. of the Revised	2456
Code and that is specified as being subject to this division for	2457
purposes of sentencing, the sentencing court shall comply with the	2458
purposes and principles of sentencing under section 2929.11 of the	2459
Revised Code and with section 2929.12 of the Revised Code.	2460

(D) Except as provided in division (E) or (F) of this	2461
section, for a felony of the first or second degree and for a	2462
felony drug offense that is a violation of any provision of	2463
Chapter 2925., 3719., or 4729. of the Revised Code for which a	2464
presumption in favor of a prison term is specified as being	2465
applicable, it is presumed that a prison term is necessary in	2466
order to comply with the purposes and principles of sentencing	2467
under section 2929.11 of the Revised Code. Notwithstanding the	2468
presumption established under this division, the sentencing court	2469
may impose a community control sanction or a combination of	2470
community control sanctions instead of a prison term on an	2471
offender for a felony of the first or second degree or for a	2472
felony drug offense that is a violation of any provision of	2473
Chapter 2925., 3719., or 4729. of the Revised Code for which a	2474
presumption in favor of a prison term is specified as being	2475
applicable if it makes both of the following findings:	2476

(1) A community control sanction or a combination of	2477
community control sanctions would adequately punish the offender	2478
and protect the public from future crime, because the applicable	2479
factors under section 2929.12 of the Revised Code indicating a	2480
lesser likelihood of recidivism outweigh the applicable factors	2481
under that section indicating a greater likelihood of recidivism.	2482

(2) A community control sanction or a combination of	2483
community control sanctions would not demean the seriousness of	2484
the offense, because one or more factors under section 2929.12 of	2485
the Revised Code that indicate that the offender's conduct was	2486
less serious than conduct normally constituting the offense are	2487
applicable, and they outweigh the applicable factors under that	2488
section that indicate that the offender's conduct was more serious	2489
than conduct normally constituting the offense.	2490

(E)(1) Except as provided in division (F) of this section,	2491
for any drug offense that is a violation of any provision of	2492
Chapter 2925. of the Revised Code and that is a felony of the	2493
third, fourth, or fifth degree, the applicability of a presumption	2494
under division (D) of this section in favor of a prison term or of	2495
division (B) or (C) of this section in determining whether to	2496
impose a prison term for the offense shall be determined as	2497
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2498
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	2499
Revised Code, whichever is applicable regarding the violation.	2500

(2) If an offender who was convicted of or pleaded guilty to	2501
a felony violates the conditions of a community control sanction	2502
imposed for the offense solely by reason of producing positive	2503
results on a drug test, the court, as punishment for the violation	2504
of the sanction, shall not order that the offender be imprisoned	2505
unless the court determines on the record either of the following:	2506

(a) The offender had been ordered as a sanction for the	2507
felony to participate in a drug treatment program, in a drug	2508
education program, or in narcotics anonymous or a similar program,	2509
and the offender continued to use illegal drugs after a reasonable	2510
period of participation in the program.	2511

(b) The imprisonment of the offender for the violation is	2512
consistent with the purposes and principles of sentencing set	2513
forth in section 2929.11 of the Revised Code.	2514

(F) Notwithstanding divisions (A) to (E) of this section, the	2515
court shall impose a prison term or terms under sections 2929.02	2516
to 2929.06, section 2929.14, or section 2971.03 of the Revised	2517
Code and except as specifically provided in section 2929.20 or	2518
2967.191 of the Revised Code or when parole is authorized for the	2519
offense under section 2967.13 of the Revised Code shall not reduce	2520
the terms pursuant to section 2929.20, section 2967.193, or any	2521
other provision of Chapter 2967. or Chapter 5120. of the Revised	2522
Code for any of the following offenses:	2523

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

2524

(2) Any rape, regardless of whether force was involved and	2525
regardless of the age of the victim, or an attempt to commit rape	2526
if, had the offender completed the rape that was attempted, the	2527
offender would have been subject to a sentence of life	2528
imprisonment or life imprisonment without parole for the rape;	2529

(3) Gross sexual imposition or sexual battery, if the victim	2530
is under thirteen years of age, if the offender previously was	2531
convicted of or pleaded guilty to rape, the former offense of	2532
felonious sexual penetration, gross sexual imposition, or sexual	2533
battery, and if the victim of the previous offense was under	2534
thirteen years of age;	2535

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	2536
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	2537
requires the imposition of a prison term;	2538

(5) A first, second, or third degree felony drug offense for	2539
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2540
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	2541
4729.99 of the Revised Code, whichever is applicable regarding the	2542
violation, requires the imposition of a mandatory prison term;	2543

(6) Any offense that is a first or second degree felony and	2544
that is not set forth in division (F)(1), (2), (3), or (4) of this	2545
section, if the offender previously was convicted of or pleaded	2546
guilty to aggravated murder, murder, any first or second degree	2547
felony, or an offense under an existing or former law of this	2548
state, another state, or the United States that is or was	2549
substantially equivalent to one of those offenses;	2550

(7) Any offense that is a third degree felony and that is	2551
listed in division (DD)(1) of section 2929.01 of the Revised Code	2552
if the offender previously was convicted of or pleaded guilty to	2553
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	2554
section 2929.01 of the Revised Code;	2555

(8) Any offense, other than a violation of section 2923.12 of	2556
the Revised Code, that is a felony, if the offender had a firearm	2557
on or about the offender's person or under the offender's control	2558
while committing the felony, with respect to a portion of the	2559
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	2560
of the Revised Code for having the firearm;	2561

(9) Any offense of violence that is a felony, if the offender	2562
wore or carried body armor while committing the felony offense of	2563
violence, with respect to the portion of the sentence imposed	2564
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	2565
Code for wearing or carrying the body armor;	2566

(10) Corrupt activity in violation of section 2923.32 of the	2567
Revised Code when the most serious offense in the pattern of	2568
corrupt activity that is the basis of the offense is a felony of	2569
the first degree;	2570

(11) Any sexually violent offense for which the offender also	2571
is convicted of or pleads guilty to a sexually violent predator	2572
specification that was included in the indictment, count in the	2573
indictment, or information charging the sexually violent offense;	2574

(12) A violation of division (A)(1) or (2) of section 2921.36	2575
of the Revised Code, or a violation of division (C) of that	2576
section involving an item listed in division (A)(1) or (2) of that	2577
section, if the offender is an officer or employee of the	2578
department of rehabilitation and correction.	2579

(G) Notwithstanding divisions (A) to (E) of this section, if	2580
an offender is being sentenced for a fourth degree felony OVI	2581
offense or for a third degree felony OVI offense, the court shall	2582
impose upon the offender a mandatory term of local incarceration	2583
or a mandatory prison term in accordance with the following:	2584

(1) If the offender is being sentenced for a fourth degree	2585
felony OVI offense and if the offender has not pleaded guilty to	2586
and has not been convicted of a specification of the type	2587
described in section 2941.1413 of the Revised Code, the court may	2588
impose upon the offender a mandatory term of local incarceration	2589
of sixty days or one hundred twenty days as specified in division	2590
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	2591
not reduce the term pursuant to section 2929.20, 2967.193, or any	2592
other provision of the Revised Code. The court that imposes a	2593
mandatory term of local incarceration under this division shall	2594
specify whether the term is to be served in a jail, a	2595
community-based correctional facility, a halfway house, or an	2596
alternative residential facility, and the offender shall serve the	2597
term in the type of facility specified by the court. A mandatory	2598
term of local incarceration imposed under division (G)(1) of this	2599
section is not subject to extension under section 2967.11 of the	2600
Revised Code, to a period of post-release control under section	2601
2967.28 of the Revised Code, or to any other Revised Code	2602
provision that pertains to a prison term.	2603

(2) If the offender is being sentenced for a third degree	2604
felony OVI offense, or if the offender is being sentenced for a	2605
fourth degree felony OVI offense and the court does not impose a	2606
mandatory term of local incarceration under division (G)(1) of	2607
this section, the court shall impose upon the offender a mandatory	2608
prison term of one, two, three, four, or five years if the	2609
offender also pleads guilty to or also is convicted of a	2610
specification of the type described in section 2941.1413 of the	2611
Revised Code or shall impose upon the offender a mandatory prison	2612
term of sixty days or one hundred twenty days as specified in	2613
division (G)(1)(e) of section 4511.19 of the Revised Code if the	2614
offender has not pleaded guilty to and has not been convicted of a	2615
specification of that type. The court shall not reduce the term	2616
pursuant to section 2929.20, 2967.193, or any other provision of	2617
the Revised Code. The offender shall serve the one-, two-, three-,	2618
four-, or five-year mandatory prison term consecutively to and	2619
prior to the prison term imposed for the underlying offense and	2620
consecutively to any other mandatory prison term imposed in	2621
relation to the offense. In no case shall an offender who once has	2622
been sentenced to a mandatory term of local incarceration pursuant	2623
to division (G)(1) of this section for a fourth degree felony OVI	2624
offense be sentenced to another mandatory term of local	2625
incarceration under that division for any violation of division	2626
(A) of section 4511.19 of the Revised Code. The court shall not	2627
sentence the offender to a community control sanction under	2628
section 2929.16 or 2929.17 of the Revised Code. The department of	2629
rehabilitation and correction may place an offender sentenced to a	2630
mandatory prison term under this division in an intensive program	2631
prison established pursuant to section 5120.033 of the Revised	2632
Code if the department gave the sentencing judge prior notice of	2633
its intent to place the offender in an intensive program prison	2634
established under that section and if the judge did not notify the	2635
department that the judge disapproved the placement. Upon the	2636
establishment of the initial intensive program prison pursuant to	2637
section 5120.033 of the Revised Code that is privately operated	2638
and managed by a contractor pursuant to a contract entered into	2639
under section 9.06 of the Revised Code, both of the following	2640
apply:	2641

(a) The department of rehabilitation and correction shall	2642
make a reasonable effort to ensure that a sufficient number of	2643
offenders sentenced to a mandatory prison term under this division	2644
are placed in the privately operated and managed prison so that	2645
the privately operated and managed prison has full occupancy.	2646

(b) Unless the privately operated and managed prison has full	2647
occupancy, the department of rehabilitation and correction shall	2648
not place any offender sentenced to a mandatory prison term under	2649
this division in any intensive program prison established pursuant	2650
to section 5120.033 of the Revised Code other than the privately	2651
operated and managed prison.	2652

(H) If an offender is being sentenced for a sexually oriented	2653
offense committed on or after January 1, 1997, the judge shall	2654
require the offender to submit to a DNA specimen collection	2655
procedure pursuant to section 2901.07 of the Revised Code if	2656
either of the following applies:	2657

(1) The offense was a sexually violent offense, and the	2658
offender also was convicted of or pleaded guilty to a sexually	2659
violent predator specification that was included in the	2660
indictment, count in the indictment, or information charging the	2661
sexually violent offense.	2662

(2) The judge imposing sentence for the sexually oriented	2663
offense determines pursuant to division (B) of section 2950.09 of	2664
the Revised Code that the offender is a sexual predator.	2665

(I) If an offender is being sentenced for a sexually oriented	2666
offense committed on or after January 1, 1997, the judge shall	2667
include in the sentence a summary of the offender's duty to	2668
register pursuant to section 2950.04 of the Revised Code, the	2669
offender's duty to provide notice of a change in residence address	2670
and register the new residence address pursuant to section 2950.05	2671
of the Revised Code, the offender's duty to periodically verify	2672
the offender's current residence address pursuant to section	2673
2950.06 of the Revised Code, and the duration of the duties. The	2674
judge shall inform the offender, at the time of sentencing, of	2675
those duties and of their duration and, if required under division	2676
(A)(2) of section 2950.03 of the Revised Code, shall perform the	2677
duties specified in that section.	2678

(J)(1) Except as provided in division (J)(2) of this section,	2679
when considering sentencing factors under this section in relation	2680
to an offender who is convicted of or pleads guilty to an attempt	2681
to commit an offense in violation of section 2923.02 of the	2682
Revised Code, the sentencing court shall consider the factors	2683
applicable to the felony category of the violation of section	2684
2923.02 of the Revised Code instead of the factors applicable to	2685
the felony category of the offense attempted.	2686

(2) When considering sentencing factors under this section in	2687
relation to an offender who is convicted of or pleads guilty to an	2688
attempt to commit a drug abuse offense for which the penalty is	2689
determined by the amount or number of unit doses of the controlled	2690
substance involved in the drug abuse offense, the sentencing court	2691
shall consider the factors applicable to the felony category that	2692
the drug abuse offense attempted would be if that drug abuse	2693
offense had been committed and had involved an amount or number of	2694
unit doses of the controlled substance that is within the next	2695
lower range of controlled substance amounts than was involved in	2696
the attempt.	2697

(K) As used in this section, "drug abuse offense" has the	2698
same meaning as in section 2925.01 of the Revised Code.	2699

Sec. 4511.19.  (A) No person shall operate any vehicle,	2700
streetcar, or trackless trolley within this state, if, at the time	2701
of the operation, any of the following apply:	2702

(1) The person is under the influence of alcohol, a drug of	2703
abuse, or a combination of them;	2704

(2) The person has a concentration of ten-hundredths of one	2705
per cent or more but less than seventeen-hundredths of one per	2706
cent by weight per unit volume of alcohol in the person's whole	2707
blood;	2708

(3) The person has a concentration of twelve-hundredths of	2709
one per cent or more but less than two hundred four-thousandths of	2710
one per cent by weight per unit volume of alcohol in the person's	2711
blood serum or plasma;	2712

(4) The person has a concentration of ten-hundredths of one	2713
gram or more but less than seventeen-hundredths of one gram by	2714
weight of alcohol per two hundred ten liters of the person's	2715
breath;	2716

(5) The person has a concentration of fourteen-hundredths of	2717
one gram or more but less than two hundred	2718
thirty-eight-thousandths of one gram by weight of alcohol per one	2719
hundred milliliters of the person's urine;	2720

(6) The person has a concentration of seventeen-hundredths of	2721
one per cent or more by weight per unit volume of alcohol in the	2722
person's whole blood;	2723

(7) The person has a concentration of two hundred	2724
four-thousandths of one per cent or more by weight per unit volume	2725
of alcohol in the person's blood serum or plasma;	2726

(8) The person has a concentration of seventeen-hundredths of	2727
one gram or more by weight of alcohol per two hundred ten liters	2728
of the person's breath;	2729

(9) The person has a concentration of two hundred	2730
thirty-eight-thousandths of one gram or more by weight of alcohol	2731
per one hundred milliliters of the person's urine.	2732

(B) No person under twenty-one years of age shall operate any	2733
vehicle, streetcar, or trackless trolley within this state, if, at	2734
the time of the operation, any of the following apply:	2735

(1) The person has a concentration of at least two-hundredths	2736
of one per cent but less than ten-hundredths of one per cent by	2737
weight per unit volume of alcohol in the person's whole blood;	2738

(2) The person has a concentration of at least	2739
three-hundredths of one per cent but less than twelve-hundredths	2740
of one per cent by weight per unit volume of alcohol in the	2741
person's blood serum or plasma;	2742

(3) The person has a concentration of at least two-hundredths	2743
of one gram but less than ten-hundredths of one gram by weight of	2744
alcohol per two hundred ten liters of the person's breath;	2745

(4) The person has a concentration of at least twenty-eight	2746
one-thousandths of one gram but less than fourteen-hundredths of	2747
one gram by weight of alcohol per one hundred milliliters of the	2748
person's urine.	2749

(C) In any proceeding arising out of one incident, a person	2750
may be charged with a violation of division (A)(1) and a violation	2751
of division (B)(1), (2), or (3) of this section, but the person	2752
may not be convicted of more than one violation of these	2753
divisions.	2754

(D)(1) In any criminal prosecution or juvenile court	2755
proceeding for a violation of this section or for an equivalent	2756
offense, the court may admit evidence on the concentration of	2757
alcohol, drugs of abuse, or a combination of them in the	2758
defendant's whole blood, blood serum or plasma, breath, urine, or	2759
other bodily substance at the time of the alleged violation as	2760
shown by chemical analysis of the substance withdrawn within two	2761
hours of the time of the alleged violation.	2762

When a person submits to a blood test at the request of a	2763
law enforcement officer under section 4511.191 of the Revised	2764
Code, only a physician, a registered nurse, or a qualified	2765
technician, chemist, or phlebotomist shall withdraw blood for the	2766
purpose of determining the alcohol, drug, or alcohol and drug	2767
content of the whole blood, blood serum, or blood plasma. This	2768
limitation does not apply to the taking of breath or urine	2769
specimens. A person authorized to withdraw blood under this	2770
division may refuse to withdraw blood under this division, if in	2771
that person's opinion, the physical welfare of the person would be	2772
endangered by the withdrawing of blood.	2773

The bodily substance withdrawn shall be analyzed in	2774
accordance with methods approved by the director of health by an	2775
individual possessing a valid permit issued by the director	2776
pursuant to section 3701.143 of the Revised Code.	2777

(2) In a criminal prosecution or juvenile court proceeding	2778
for a violation of division (A) of this section or for an	2779
equivalent offense, if there was at the time the bodily substance	2780
was withdrawn a concentration of less than the applicable	2781
concentration of alcohol specified in divisions (A)(2), (3), (4),	2782
and (5) of this section, that fact may be considered with other	2783
competent evidence in determining the guilt or innocence of the	2784
defendant. This division does not limit or affect a criminal	2785
prosecution or juvenile court proceeding for a violation of	2786
division (B) of this section or for an equivalent offense that is	2787
substantially equivalent to that division.	2788

(3) Upon the request of the person who was tested, the	2789
results of the chemical test shall be made available to the person	2790
or the person's attorney, immediately upon the completion of the	2791
chemical test analysis.	2792

The person tested may have a physician, a registered nurse,	2793
or a qualified technician, chemist, or phlebotomist of the	2794
person's own choosing administer a chemical test or tests, at the	2795
person's expense, in addition to any administered at the request	2796
of a law enforcement officer. The form to be read to the person to	2797
be tested, as required under section 4511.192 of the Revised Code,	2798
shall state that the person may have an independent test performed	2799
at the person's expense. The failure or inability to obtain an	2800
additional chemical test by a person shall not preclude the	2801
admission of evidence relating to the chemical test or tests taken	2802
at the request of a law enforcement officer.	2803

(E)(1) Subject to division (E)(3) of this section, in any	2804
criminal prosecution or juvenile court proceeding for a violation	2805
of division (A)(2), (3), (4), (5), (6), (7), (8), or (9) or	2806
(B)(1), (2), (3), or (4) of this section or for an equivalent	2807
offense that is substantially equivalent to any of those	2808
divisions, a laboratory report from any forensic laboratory	2809
certified by the department of health that contains an analysis of	2810
the whole blood, blood serum or plasma, breath, urine, or other	2811
bodily substance tested and that contains all of the information	2812
specified in this division shall be admitted as prima-facie	2813
evidence of the information and statements that the report	2814
contains. The laboratory report shall contain all of the	2815
following:	2816

(a) The signature, under oath, of any person who performed	2817
the analysis;	2818

(b) Any findings as to the identity and quantity of alcohol,	2819
a drug of abuse, or a combination of them that was found;	2820

(c) A copy of a notarized statement by the laboratory	2821
director or a designee of the director that contains the name of	2822
each certified analyst or test performer involved with the report,	2823
the analyst's or test performer's employment relationship with the	2824
laboratory that issued the report, and a notation that performing	2825
an analysis of the type involved is part of the analyst's or test	2826
performer's regular duties;	2827

(d) An outline of the analyst's or test performer's	2828
education, training, and experience in performing the type of	2829
analysis involved and a certification that the laboratory	2830
satisfies appropriate quality control standards in general and, in	2831
this particular analysis, under rules of the department of health.	2832

(2) Notwithstanding any other provision of law regarding the	2833
admission of evidence, a report of the type described in division	2834
(E)(1) of this section is not admissible against the defendant to	2835
whom it pertains in any proceeding, other than a preliminary	2836
hearing or a grand jury proceeding, unless the prosecutor has	2837
served a copy of the report on the defendant's attorney or, if the	2838
defendant has no attorney, on the defendant.	2839

(3) A report of the type described in division (E)(1) of this	2840
section shall not be prima-facie evidence of the contents,	2841
identity, or amount of any substance if, within seven days after	2842
the defendant to whom the report pertains or the defendant's	2843
attorney receives a copy of the report, the defendant or the	2844
defendant's attorney demands the testimony of the person who	2845
signed the report. The judge in the case may extend the seven-day	2846
time limit in the interest of justice.	2847

(F) Except as otherwise provided in this division, any	2848
physician, registered nurse, or qualified technician, chemist, or	2849
phlebotomist who withdraws blood from a person pursuant to this	2850
section, and any hospital, first-aid station, or clinic at which	2851
blood is withdrawn from a person pursuant to this section, is	2852
immune from criminal liability and civil liability based upon a	2853
claim of assault and battery or any other claim that is not a	2854
claim of malpractice, for any act performed in withdrawing blood	2855
from the person. The immunity provided in this division is not	2856
available to a person who withdraws blood if the person engages in	2857
willful or wanton misconduct.	2858

(G)(1) Whoever violates any provision of divisions (A)(1) to	2859
(9) of this section is guilty of operating a vehicle under the	2860
influence of alcohol, a drug of abuse, or a combination of them.	2861
The court shall sentence the offender under Chapter 2929. of the	2862
Revised Code, except as otherwise authorized or required by	2863
divisions (G)(1)(a) to (e) of this section:	2864

(a) Except as otherwise provided in division (G)(1)(b), (c),	2865
(d), or (e) of this section, the offender is guilty of a	2866
misdemeanor of the first degree, and the court shall sentence the	2867
offender to all of the following:	2868

(i) If the sentence is being imposed for a violation of	2869
division (A)(1), (2), (3), (4), or (5) of this section, a	2870
mandatory jail term of three consecutive days. As used in this	2871
division, three consecutive days means seventy-two consecutive	2872
hours. The court may sentence an offender to both an intervention	2873
program and a jail term. The court may impose a jail term in	2874
addition to the three-day mandatory jail term or intervention	2875
program. However, in no case shall the cumulative jail term	2876
imposed for the offense exceed six months.	2877

The court may suspend the execution of the three-day jail	2878
term under this division if the court, in lieu of that suspended	2879
term, places the offender on probation and requires the offender	2880
to attend, for three consecutive days, a drivers' intervention	2881
program certified under section 3793.10 of the Revised Code. The	2882
court also may suspend the execution of any part of the three-day	2883
jail term under this division if it places the offender on	2884
probation for part of the three days, requires the offender to	2885
attend for the suspended part of the term a drivers' intervention	2886
program so certified, and sentences the offender to a jail term	2887
equal to the remainder of the three consecutive days that the	2888
offender does not spend attending the program. The court may	2889
require the offender, as a condition of probation and in addition	2890
to the required attendance at a drivers' intervention program, to	2891
attend and satisfactorily complete any treatment or education	2892
programs that comply with the minimum standards adopted pursuant	2893
to Chapter 3793. of the Revised Code by the director of alcohol	2894
and drug addiction services that the operators of the drivers'	2895
intervention program determine that the offender should attend and	2896
to report periodically to the court on the offender's progress in	2897
the programs. The court also may impose on the offender any other	2898
conditions of probation that it considers necessary.	2899

(ii) If the sentence is being imposed for a violation of	2900
division (A)(6), (7), (8), or (9) of this section, except as	2901
otherwise provided in this division, a mandatory jail term of at	2902
least three consecutive days and a requirement that the offender	2903
attend, for three consecutive days, a drivers' intervention	2904
program that is certified pursuant to section 3793.10 of the	2905
Revised Code. As used in this division, three consecutive days	2906
means seventy-two consecutive hours. If the court determines that	2907
the offender is not conducive to treatment in a drivers'	2908
intervention program, if the offender refuses to attend a drivers'	2909
intervention program, or if the jail at which the offender is to	2910
serve the jail term imposed can provide a driver's intervention	2911
program, the court shall sentence the offender to a mandatory jail	2912
term of at least six consecutive days.	2913

The court may require the offender, as a condition of	2914
probation, to attend and satisfactorily complete any treatment or	2915
education programs that comply with the minimum standards adopted	2916
pursuant to Chapter 3793. of the Revised Code by the director of	2917
alcohol and drug addiction services, in addition to the required	2918
attendance at drivers' intervention program, that the operators of	2919
the drivers' intervention program determine that the offender	2920
should attend and to report periodically to the court on the	2921
offender's progress in the programs. The court also may impose any	2922
other conditions of probation on the offender that it considers	2923
necessary.	2924

(iii) In all cases, a fine of not less than two hundred fifty	2925
and not more than one thousand dollars;	2926

(iv) In all cases, a class five license suspension of the	2927
offender's driver's or commercial driver's license or permit or	2928
nonresident operating privilege from the range specified in	2929
division (A)(5) of section 4510.02 of the Revised Code. The court	2930
may grant limited driving privileges relative to the suspension	2931
under sections 4510.021 and 4510.13 of the Revised Code.	2932

(b) Except as otherwise provided in division (G)(1)(e) of	2933
this section, an offender who, within six years of the offense,	2934
previously has been convicted of or pleaded guilty to one	2935
violation of division (A) or (B) of this section or one other	2936
equivalent offense is guilty of a misdemeanor of the first degree.	2937
The court shall sentence the offender to all of the following:	2938

(i) If the sentence is being imposed for a violation of	2939
division (A)(1), (2), (3), (4), or (5) of this section, a	2940
mandatory jail term of ten consecutive days. The court shall	2941
impose the ten-day mandatory jail term under this division unless,	2942
subject to division (G)(3) of this section, it instead imposes a	2943
sentence under that division consisting of both a jail term and a	2944
term of electronically monitored house arrest. The court may	2945
impose a jail term in addition to the ten-day mandatory jail term.	2946
The cumulative jail term imposed for the offense shall not exceed	2947
six months.	2948

In addition to the jail term or the term of electronically	2949
monitored house arrest and jail term, the court may require the	2950
offender to attend a drivers' intervention program that is	2951
certified pursuant to section 3793.10 of the Revised Code. If the	2952
operator of the program determines that the offender is alcohol	2953
dependent, the program shall notify the court, and, subject to	2954
division (I) of this section, the court shall order the offender	2955
to obtain treatment through an alcohol and drug addiction program	2956
authorized by section 3793.02 of the Revised Code.	2957

(ii) If the sentence is being imposed for a violation of	2958
division (A)(6), (7), (8), or (9) of this section, except as	2959
otherwise provided in this division, a mandatory jail term of	2960
twenty consecutive days. The court shall impose the twenty-day	2961
mandatory jail term under this division unless, subject to	2962
division (G)(3) of this section, it instead imposes a sentence	2963
under that division consisting of both a jail term and a term of	2964
electronically monitored house arrest. The court may impose a jail	2965
term in addition to the twenty-day mandatory jail term. The	2966
cumulative jail term imposed for the offense shall not exceed six	2967
months.	2968

In addition to the jail term or the term of electronically	2969
monitored house arrest and jail term, the court may require the	2970
offender to attend a driver's intervention program that is	2971
certified pursuant to section 3793.10 of the Revised Code. If the	2972
operator of the program determines that the offender is alcohol	2973
dependent, the program shall notify the court, and, subject to	2974
division (I) of this section, the court shall order the offender	2975
to obtain treatment through an alcohol and drug addiction program	2976
authorized by section 3793.02 of the Revised Code.	2977

(iii) In all cases, notwithstanding the fines set forth in	2978
Chapter 2929. of the Revised Code, a fine of not less than three	2979
hundred fifty and not more than one thousand five hundred dollars;	2980

(iv) In all cases, a class four license suspension of the	2981
offender's driver's license, commercial driver's license,	2982
temporary instruction permit, probationary license, or nonresident	2983
operating privilege from the range specified in division (A)(4) of	2984
section 4510.02 of the Revised Code. The court may grant limited	2985
driving privileges relative to the suspension under sections	2986
4510.021 and 4510.13 of the Revised Code.	2987

(v) In all cases, if the vehicle is registered in the	2988
offender's name, immobilization of the vehicle involved in the	2989
offense for ninety days in accordance with section 4503.233 of the	2990
Revised Code and impoundment of the license plates of that vehicle	2991
for ninety days.	2992

(c) Except as otherwise provided in division (G)(1)(e) of	2993
this section, an offender who, within six years of the offense,	2994
previously has been convicted of or pleaded guilty to two	2995
violations of division (A) or (B) of this section or other	2996
equivalent offenses is guilty of a misdemeanor. The court shall	2997
sentence the offender to all of the following:	2998

(i) If the sentence is being imposed for a violation of	2999
division (A)(1), (2), (3), (4), or (5) of this section, a	3000
mandatory jail term of thirty consecutive days. The court shall	3001
impose the thirty-day mandatory jail term under this division	3002
unless, subject to division (G)(3) of this section, it instead	3003
imposes a sentence under that division consisting of both a jail	3004
term and a term of electronically monitored house arrest. The	3005
court may impose a jail term in addition to the thirty-day	3006
mandatory jail term. Notwithstanding the terms of imprisonment set	3007
forth in Chapter 2929. of the Revised Code, the additional jail	3008
term shall not exceed one year, and the cumulative jail term	3009
imposed for the offense shall not exceed one year.	3010

(ii) If the sentence is being imposed for a violation of	3011
division (A)(6), (7), (8), or (9) of this section, a mandatory	3012
jail term of sixty consecutive days. The court shall impose the	3013
sixty-day mandatory jail term under this division unless, subject	3014
to division (G)(3) of this section, it instead imposes a sentence	3015
under that division consisting of both a jail term and a term of	3016
electronically monitored house arrest. The court may impose a jail	3017
term in addition to the sixty-day mandatory jail term.	3018
Notwithstanding the terms of imprisonment set forth in Chapter	3019
2929. of the Revised Code, the additional jail term shall not	3020
exceed one year, and the cumulative jail term imposed for the	3021
offense shall not exceed one year.	3022

(iii) In all cases, notwithstanding the fines set forth in	3023
Chapter 2929. of the Revised Code, a fine of not less than five	3024
hundred fifty and not more than two thousand five hundred dollars;	3025

(iv) In all cases, a class three license suspension of the	3026
offender's driver's license, commercial driver's license,	3027
temporary instruction permit, probationary license, or nonresident	3028
operating privilege from the range specified in division (A)(3) of	3029
section 4510.02 of the Revised Code. The court may grant limited	3030
driving privileges relative to the suspension under sections	3031
4510.021 and 4510.13 of the Revised Code.	3032

(v) In all cases, if the vehicle is registered in the	3033
offender's name, criminal forfeiture of the vehicle involved in	3034
the offense in accordance with section 4503.234 of the Revised	3035
Code. Division (G)(6) of this section applies regarding any	3036
vehicle that is subject to an order of criminal forfeiture under	3037
this division.	3038

(vi) In all cases, participation in an alcohol and drug	3039
addiction program authorized by section 3793.02 of the Revised	3040
Code, subject to division (I) of this section.	3041

(d) Except as otherwise provided in division (G)(1)(e) of	3042
this section, an offender who, within six years of the offense,	3043
previously has been convicted of or pleaded guilty to three or	3044
morefour violations of division (A) or (B) of this section or	3045
other equivalent offenses or an offender who, within twenty years	3046
of the offense, previously has been convicted of or pleaded guilty	3047
to five or more violations of that nature is guilty of a felony of	3048
the fourth degree. The court shall sentence the offender to all of	3049
the following:	3050

(i) If the sentence is being imposed for a violation of	3051
division (A)(1), (2), (3), (4), or (5) of this section, a	3052
mandatory prison term of one, two, three, four, or five years as	3053
required by and in accordance with division (G)(2) of section	3054
2929.13 of the Revised Code if the offender also is convicted of	3055
or also pleads guilty to a specification of the type described in	3056
section 2941.1413 of the Revised Code or, in the discretion of the	3057
court, either a mandatory term of local incarceration of sixty	3058
consecutive days in accordance with division (G)(1) of section	3059
2929.13 of the Revised Code or a mandatory prison term of sixty	3060
consecutive days of imprisonment in accordance with division	3061
(G)(2) of that section if the offender is not convicted of and	3062
does not plead guilty to a specification of that type. If the	3063
court imposes a mandatory term of local incarceration, it may	3064
impose a jail term in addition to the sixty-day mandatory term,	3065
the cumulative total of the mandatory term and the jail term for	3066
the offense shall not exceed one year, and no prison term is	3067
authorized for the offense. If the court imposes a mandatory	3068
prison term, notwithstanding division (A)(4) of section 2929.14 of	3069
the Revised Code, it also may sentence the offender to a definite	3070
prison term that shall be not less than six months and not more	3071
than thirty months, the prison terms shall be imposed as described	3072
in division (G)(2) of section 2929.13 of the Revised Code, and no	3073
term of local incarceration, community residential sanction, or	3074
nonresidential sanction is authorized for the offense.	3075

(ii) If the sentence is being imposed for a violation of	3076
division (A)(6), (7), (8), or (9) of this section, a mandatory	3077
prison term of one, two, three, four, or five years as required by	3078
and in accordance with division (G)(2) of section 2929.13 of the	3079
Revised Code if the offender also is convicted of or also pleads	3080
guilty to a specification of the type described in section	3081
2941.1413 of the Revised Code or, in the discretion of the court,	3082
either a mandatory term of local incarceration of one hundred	3083
twenty consecutive days in accordance with division (G)(1) of	3084
section 2929.13 of the Revised Code or a mandatory prison term of	3085
one hundred twenty consecutive days in accordance with division	3086
(G)(2) of that section if the offender is not convicted of and	3087
does not plead guilty to a specification of that type. If the	3088
court imposes a mandatory term of local incarceration, it may	3089
impose a jail term in addition to the one hundred twenty-day	3090
mandatory term, the cumulative total of the mandatory term and the	3091
jail term for the offense shall not exceed one year, and no prison	3092
term is authorized for the offense. If the court imposes a	3093
mandatory prison term, notwithstanding division (A)(4) of section	3094
2929.14 of the Revised Code, it also may sentence the offender to	3095
a definite prison term that shall be not less than six months and	3096
not more than thirty months, the prison terms shall be imposed as	3097
described in division (G)(2) of section 2929.13 of the Revised	3098
Code, and no term of local incarceration, community residential	3099
sanction, or nonresidential sanction is authorized for the	3100
offense.	3101

(iii) In all cases, notwithstanding section 2929.18 of the	3102
Revised Code, a fine of not less than eight hundred nor more than	3103
ten thousand dollars;	3104

(iv) In all cases, a class two license suspension of the	3105
offender's driver's license, commercial driver's license,	3106
temporary instruction permit, probationary license, or nonresident	3107
operating privilege from the range specified in division (A)(2) of	3108
section 4510.02 of the Revised Code. The court may grant limited	3109
driving privileges relative to the suspension under sections	3110
4510.021 and 4510.13 of the Revised Code.	3111

(v) In all cases, if the vehicle is registered in the	3112
offender's name, criminal forfeiture of the vehicle involved in	3113
the offense in accordance with section 4503.234 of the Revised	3114
Code. Division (G)(6) of this section applies regarding any	3115
vehicle that is subject to an order of criminal forfeiture under	3116
this division.	3117

(vi) In all cases, participation in an alcohol and drug	3118
addiction program authorized by section 3793.02 of the Revised	3119
Code, subject to division (I) of this section.	3120

(vii) In all cases, if the court sentences the offender to a	3121
mandatory term of local incarceration, in addition to the	3122
mandatory term, the court, pursuant to section 2929.17 of the	3123
Revised Code, may impose a term of electronically monitored house	3124
arrest. The term shall not commence until after the offender has	3125
served the mandatory term of local incarceration.	3126

(e) An offender who previously has been convicted of or	3127
pleaded guilty to a violation of division (A) of this section that	3128
was a felony, regardless of when the violation and the conviction	3129
or guilty plea occurred, is guilty of a felony of the third	3130
degree. The court shall sentence the offender to all of the	3131
following:	3132

(i) If the offender is being sentenced for a violation of	3133
division (A)(1), (2), (3), (4), or (5) of this section, a	3134
mandatory prison term of one, two, three, four, or five years as	3135
required by and in accordance with division (G)(2) of section	3136
2929.13 of the Revised Code if the offender also is convicted of	3137
or also pleads guilty to a specification of the type described in	3138
section 2941.1413 of the Revised Code or a mandatory prison term	3139
of sixty consecutive days in accordance with division (G)(2) of	3140
section 2929.13 of the Revised Code if the offender is not	3141
convicted of and does not plead guilty to a specification of that	3142
type. The court may impose a prison term in addition to the	3143
sixty-day mandatory prison term. The cumulative total of thea	3144
sixty-day mandatory prison term and the additional prison term for	3145
the offense shall not exceed five years. No term of local	3146
incarceration, community residential sanction, or nonresidential	3147
sanction is authorized for the offense.	3148

(ii) If the sentence is being imposed for a violation of	3149
division (A)(6), (7), (8), or (9) of this section, a mandatory	3150
prison term of one, two, three, four, or five years as required by	3151
and in accordance with division (G)(2) of section 2929.13 of the	3152
Revised Code if the offender also is convicted of or also pleads	3153
guilty to a specification of the type described in section	3154
2941.1413 of the Revised Code or a mandatory prison term of one	3155
hundred twenty consecutive days in accordance with division (G)(2)	3156
of section 2929.13 of the Revised Code if the offender is not	3157
convicted of and does not plead guilty to a specification of that	3158
type. The court may impose a prison term in addition to the one	3159
hundred twenty-day mandatory prison term. The cumulative total of	3160
thea one hundred twenty-day mandatory prison term and the	3161
additional prison term for the offense shall not exceed five	3162
years. No term of local incarceration, community residential	3163
sanction, or nonresidential sanction is authorized for the	3164
offense.	3165

(iii) In all cases, notwithstanding section 2929.18 of the	3166
Revised Code, a fine of not less than eight hundred nor more than	3167
ten thousand dollars;	3168

(iv) In all cases, a class two license suspension of the	3169
offender's driver's license, commercial driver's license,	3170
temporary instruction permit, probationary license, or nonresident	3171
operating privilege from the range specified in division (A)(2) of	3172
section 4510.02 of the Revised Code. The court may grant limited	3173
driving privileges relative to the suspension under sections	3174
4510.021 and 4510.13 of the Revised Code.	3175

(v) In all cases, if the vehicle is registered in the	3176
offender's name, criminal forfeiture of the vehicle involved in	3177
the offense in accordance with section 4503.234 of the Revised	3178
Code. Division (G)(6) of this section applies regarding any	3179
vehicle that is subject to an order of criminal forfeiture under	3180
this division.	3181

(vi) In all cases, participation in an alcohol and drug	3182
addiction program authorized by section 3793.02 of the Revised	3183
Code, subject to division (I) of this section.	3184

(2) An offender who is convicted of or pleads guilty to a	3185
violation of division (A) of this section and who subsequently	3186
seeks reinstatement of the driver's or occupational driver's	3187
license or permit or nonresident operating privilege suspended	3188
under this section as a result of the conviction or guilty plea	3189
shall pay a reinstatement fee as provided in division (F)(2) of	3190
section 4511.191 of the Revised Code.	3191

(3) If an offender is sentenced to a jail term under division	3192
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and	3193
if, within sixty days of sentencing of the offender, the court	3194
issues a written finding on the record that, due to the	3195
unavailability of space at the jail where the offender is required	3196
to serve the term, the offender will not be able to begin serving	3197
that term within the sixty-day period following the date of	3198
sentencing, the court may impose an alternative sentence under	3199
this division that includes a term of electronically monitored	3200
house arrest, as defined in section 2929.23 of the Revised Code.	3201

As an alternative to a mandatory jail term of ten consecutive	3202
days required by division (G)(1)(b)(i) of this section, the court,	3203
under this division, may sentence the offender to five consecutive	3204
days in jail and not less than eighteen consecutive days of	3205
electronically monitored house arrest. The cumulative total of the	3206
five consecutive days in jail and the period of electronically	3207
monitored house arrest shall not exceed six months. The five	3208
consecutive days in jail do not have to be served prior to or	3209
consecutively to the period of house arrest.	3210

As an alternative to the mandatory jail term of twenty	3211
consecutive days required by division (G)(1)(b)(ii) of this	3212
section, the court, under this division, may sentence the offender	3213
to ten consecutive days in jail and not less than thirty-six	3214
consecutive days of electronically monitored house arrest. The	3215
cumulative total of the ten consecutive days in jail and the	3216
period of electronically monitored house arrest shall not exceed	3217
six months. The ten consecutive days in jail do not have to be	3218
served prior to or consecutively to the period of house arrest.	3219

As an alternative to a mandatory jail term of thirty	3220
consecutive days required by division (G)(1)(c)(i) of this	3221
section, the court, under this division, may sentence the offender	3222
to fifteen consecutive days in jail and not less than fifty-five	3223
consecutive days of electronically monitored house arrest. The	3224
cumulative total of the fifteen consecutive days in jail and the	3225
period of electronically monitored house arrest shall not exceed	3226
one year. The fifteen consecutive days in jail do not have to be	3227
served prior to or consecutively to the period of house arrest.	3228

As an alternative to the mandatory jail term of sixty	3229
consecutive days required by division (G)(1)(c)(ii) of this	3230
section, the court, under this division, may sentence the offender	3231
to thirty consecutive days in jail and not less than one hundred	3232
ten consecutive days of electronically monitored house arrest. The	3233
cumulative total of the thirty consecutive days in jail and the	3234
period of electronically monitored house arrest shall not exceed	3235
one year. The thirty consecutive days in jail do not have to be	3236
served prior to or consecutively to the period of house arrest.	3237

(4) If an offender's driver's or occupational driver's	3238
license or permit or nonresident operating privilege is suspended	3239
under division (G) of this section and if section 4510.13 of the	3240
Revised Code permits the court to grant limited driving	3241
privileges, the court may grant the limited driving privileges	3242
only if the court imposes as one of the conditions of the	3243
privileges that the offender must display on the vehicle that is	3244
driven subject to the privileges restricted license plates that	3245
are issued under section 4503.231 of the Revised Code, except as	3246
provided in division (B) of that section.	3247

(5) Fines imposed under this section for a violation of	3248
division (A) of this section shall be distributed as follows:	3249

(a) Twenty-five dollars of the fine imposed under division	3250
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	3251
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	3252
fine imposed under division (G)(1)(c)(iii), and two hundred ten	3253
dollars of the fine imposed under division (G)(1)(d)(iii) or	3254
(e)(iii) of this section shall be paid to an enforcement and	3255
education fund established by the legislative authority of the law	3256
enforcement agency in this state that primarily was responsible	3257
for the arrest of the offender, as determined by the court that	3258
imposes the fine. The agency shall use this share to pay only	3259
those costs it incurs in enforcing this section or a municipal OVI	3260
ordinance and in informing the public of the laws governing the	3261
operation of a vehicle while under the influence of alcohol, the	3262
dangers of the operation of a vehicle under the influence of	3263
alcohol, and other information relating to the operation of a	3264
vehicle under the influence of alcohol and the consumption of	3265
alcoholic beverages.	3266

(b) Fifty dollars of the fine imposed under division	3267
(G)(1)(a)(iii) of this section shall be paid to the political	3268
subdivision that pays the cost of housing the offender during the	3269
offender's term of incarceration. If the offender is being	3270
sentenced for a violation of division (A)(1), (2), (3), (4), or	3271
(5) of this section and was confined as a result of the offense	3272
prior to being sentenced for the offense but is not sentenced to a	3273
term of incarceration, the fifty dollars shall be paid to the	3274
political subdivision that paid the cost of housing the offender	3275
during that period of confinement. The political subdivision shall	3276
use the share under this division to pay or reimburse	3277
incarceration or treatment costs it incurs in housing or providing	3278
drug and alcohol treatment to persons who violate this section or	3279
a municipal OVI ordinance, costs of any immobilizing or disabling	3280
device used on the offender's vehicle, and costs of electronic	3281
house arrest equipment needed for persons who violate this	3282
section.	3283

(c) Twenty-five dollars of the fine imposed under division	3284
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	3285
division (G)(1)(b)(iii) of this section shall be deposited into	3286
the county or municipal indigent drivers' alcohol treatment fund	3287
under the control of that court, as created by the county or	3288
municipal corporation under division (N) of section 4511.191 of	3289
the Revised Code.	3290

(d) One hundred fifteen dollars of the fine imposed under	3291
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	3292
fine imposed under division (G)(1)(c)(iii), and four hundred forty	3293
dollars of the fine imposed under division (G)(1)(d)(iii) or	3294
(e)(iii) of this section shall be paid to the political	3295
subdivision that pays the cost of housing the offender during the	3296
offender's term of incarceration. The political subdivision shall	3297
use this share to pay or reimburse incarceration or treatment	3298
costs it incurs in housing or providing drug and alcohol treatment	3299
to persons who violate this section or a municipal OVI ordinance,	3300
costs for any immobilizing or disabling device used on the	3301
offender's vehicle, and costs of electronic house arrest equipment	3302
needed for persons who violate this section.	3303

(e) The balance of the fine imposed under division	3304
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	3305
section shall be disbursed as otherwise provided by law.	3306

(6) If title to a motor vehicle that is subject to an order	3307
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	3308
this section is assigned or transferred and division (B)(2) or (3)	3309
of section 4503.234 of the Revised Code applies, in addition to or	3310
independent of any other penalty established by law, the court may	3311
fine the offender the value of the vehicle as determined by	3312
publications of the national auto dealers association. The	3313
proceeds of any fine so imposed shall be distributed in accordance	3314
with division (C)(2) of that section.	3315

(H) Whoever violates division (B) of this section is guilty	3316
of operating a vehicle after underage alcohol consumption and	3317
shall be punished as follows:	3318

(1) Except as otherwise provided in division (H)(2) of this	3319
section, the offender is guilty of a misdemeanor of the fourth	3320
degree. In addition to any other sanction imposed for the offense,	3321
the court shall impose a class six suspension of the offender's	3322
driver's license, commercial driver's license, temporary	3323
instruction permit, probationary license, or nonresident operating	3324
privilege from the range specified in division (A)(6) of section	3325
4510.02 of the Revised Code.	3326

(2) If, within one year of the offense, the offender	3327
previously has been convicted of or pleaded guilty to one or more	3328
violations of division (A) or (B) of this section or other	3329
equivalent offense offenses, the offender is guilty of a	3330
misdemeanor of the third degree. In addition to any other sanction	3331
imposed for the offense, the court shall impose a class four	3332
suspension of the offender's driver's license, commercial driver's	3333
license, temporary instruction permit, probationary license, or	3334
nonresident operating privilege from the range specified in	3335
division (A)(4) of section 4510.02 of the Revised Code.	3336

(I)(1) No court shall sentence an offender to an alcohol	3337
treatment program under this section unless the treatment program	3338
complies with the minimum standards for alcohol treatment programs	3339
adopted under Chapter 3793. of the Revised Code by the director of	3340
alcohol and drug addiction services.	3341

(2) An offender who stays in a drivers' intervention program	3342
or in an alcohol treatment program under an order issued under	3343
this section shall pay the cost of the stay in the program.	3344
However, if the court determines that an offender who stays in an	3345
alcohol treatment program under an order issued under this section	3346
is unable to pay the cost of the stay in the program, the court	3347
may order that the cost be paid from the court's indigent drivers'	3348
alcohol treatment fund.	3349

(J) If a person whose driver's or commercial driver's license	3350
or permit or nonresident operating privilege is suspended under	3351
this section files an appeal regarding any aspect of the person's	3352
trial or sentence, the appeal itself does not stay the operation	3353
of the suspension.	3354

(K) All terms defined in sections 4510.01 of the Revised Code	3355
apply to this section. If the meaning of a term defined in section	3356
4510.01 of the Revised Code conflicts with the meaning of the same	3357
term as defined in section 4501.01 or 4511.01 of the Revised Code,	3358
the term as defined in section 4510.01 of the Revised Code applies	3359
to this section.	3360

(L)(1) The Ohio Traffic Rules in effect on the effective date	3361
of this amendmentJanuary 1, 2004, as adopted by the supreme court	3362
under authority of section 2937.46 of the Revised Code, do not	3363
apply to felony violations of this section. Subject to division	3364
(L)(2) of this section, the Rules of Criminal Procedure apply to	3365
felony violations of this section.	3366

(2) If, on or after the effective date of this amendment	3367
January 1, 2004, the supreme court modifies the Ohio Traffic Rules	3368
to provide procedures to govern felony violations of this section,	3369
the modified rules shall apply to felony violations of this	3370
section.	3371

Section 4. That the existing versions of sections 2929.01,	3372
2929.13, and 4511.19 of the Revised Code that are scheduled to	3373
take effect January 1, 2004, are hereby repealed.	3374

Section 5. Sections 3 and 4 of this act shall take effect on	3375
January 1, 2004.	3376

Section 6. The amendment by this act of section 4511.99 of	3377
the Revised Code has interim effect and does not supersede the	3378
earlier amendment, with delayed effective date of Am. Sub. S.B.	3379
123 of the 124th General Assembly.	3380

Section 7. (A) Section 2929.13 of the Revised Code, effective	3381
until January 1, 2004, is presented in Section 1 of this act as a	3382
composite of the section as amended by both Am. Sub. H.B. 327 and	3383
Sub. H.B. 485 of the 124th General Assembly. The General Assembly,	3384
applying the principle stated in division (B) of section 1.52 of	3385
the Revised Code that amendments are to be harmonized if	3386
reasonably capable of simultaneous operation, finds that the	3387
composite is the resulting version of the section in effect prior	3388
to the effective date of the section as presented in Section 1 of	3389
this act.	3390

(B) Section 2929.13 of the Revised Code, effective on January	3391
1, 2004, is presented in Section 3 of this act as a composite of	3392
the section as amended by Am. Sub. H.B. 327, Sub. H.B. 485, and	3393
Am. Sub. S.B. 123 of the 124th General Assembly. The General	3394
Assembly, applying the principle stated in division (B) of section	3395
1.52 of the Revised Code that amendments are to be harmonized if	3396
reasonably capable of simultaneous operation, finds that the	3397
composite is the resulting version of the section in effect prior	3398
to the effective date of the section as presented in Section 3 of	3399
this act.	3400