LSC 125 1254-5

125th General Assembly Regular Session 2003-2004

Sub. H. B. No. 163

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A BILL

To amend sections 1547.11, 1901.41, 2152.19, 2903.08,

1

2929.01, 2929.13, 2929.14, 2929.15, 2929.16,

2

2929.17, 2929.19, 2929.24, 2929.27, 4123.54,

3

4507.02, 4507.05, 4510.13, 4510.17, 4510.54,

4

4511.19, 4511.191, 4511.192, 4511.194, 4511.196,

5

4511.197, and 4513.39 and to enact sections

6

1907.231, 2301.141, 2941.1413, and 2941.1414 of

7

the Revised Code and to amend Section 5 of Am.

8

Sub. S.B. 123 of the 123rd General Assembly to

9

provide an additional prison term or term of

10

imprisonment for certain repeat OVI or OVUAC

11

offenders; to provide an increased penalty for an

12

OVI conviction if the offender refused to take a

13

chemical test after being arrested for the offense

14

and has a prior OVI or OVUAC conviction; to

15

require municipal, county, and common pleas court

16

clerks to retain admissible evidence of criminal

17

convictions for fifty years after the entry of

18

judgment of that conviction; to give the police

19

force of a township with a population of greater

20

than fifty thousand the same authority to make

21

arrests for specified traffic offenses on

22

interstate highways as now exists for the police

23

force of a township with a population greater than

24

sixty thousand; to increase the penalty for

25

vehicular assault when the offender also fails to

26

stop at the scene of the accident resulting in

27

that offense; to specifically authorize continuous

28

alcohol monitoring as a sanction in criminal and

29

delinquent child cases; and to correct errors in

30

and otherwise modify certain provisions that

31

contain some of the Ohio Criminal Sentencing

32

Commission's traffic law revisions.

33

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

Section 1. That sections 1547.11, 1901.41, 2152.19, 2903.08,	34
2929.01, 2929.13, 2929.14, 2929.15, 2929.16, 2929.17, 2929.19,	35
2929.24, 2929.27, 4123.54, 4507.02, 4507.05, 4510.13, 4510.17,	36
4510.54, 4511.19, 4511.191, 4511.192, 4511.194, 4511.196,	37
4511.197, and 4513.39 be amended and sections 1907.231, 2301.141,	38
2941.1413, and 2941.1414 of the Revised Code be enacted to read as	39
follows:	40

Sec. 1547.11.  (A) No person shall operate or be in physical	41
control of any vessel underway or shall manipulate any water skis,	42
aquaplane, or similar device on the waters in this state if, at	43
the time of the operation, control, or manipulation, any of the	44
following applies:	45

(1) The person is under the influence of alcohol, a drug of	46
abuse, or a combination of them.	47

(2) The person has a concentration of eight-hundredths of one	48
per cent or more by weight of alcohol per unit volume in the	49
person's whole blood.	50

(3) The person has a concentration of ninety-six-hundredths	51
ninety-six-thousandths of one per cent or more by weight per unit	52
volume of alcohol in the person's blood serum or plasma.	53

(4) The person has a concentration of eleven-hundredths of	54
one gram or more by weight of alcohol per one hundred milliliters	55
of the person's urine.	56

(5) The person has a concentration of eight-hundredths of one	57
gram or more by weight of alcohol per two hundred ten liters of	58
the person's breath.	59

(B) No person under twenty-one years of age shall operate or	60
be in physical control of any vessel underway or shall manipulate	61
any water skis, aquaplane, or similar device on the waters in this	62
state if, at the time of the operation, control, or manipulation,	63
any of the following applies:	64

(1) The person has a concentration of at least two-hundredths	65
of one per cent, but less than eight-hundredths of one per cent by	66
weight per unit volume of alcohol in the person's whole blood.	67

(2) The person has a concentration of at least	68
three-hundredths of one per cent but less than	69
ninety-six-hundredthsninety-six-thousandths of one per cent by	70
weight per unit volume of alcohol in the person's blood serum or	71
plasma.	72

(3) The person has a concentration of at least twenty-eight	73
one-thousandths of one gram, but less than eleven-hundredths of	74
one gram by weight of alcohol per one hundred milliliters of the	75
person's urine.	76

(4) The person has a concentration of at least two-hundredths	77
of one gram, but less than eight-hundredths of one gram by weight	78
of alcohol per two hundred ten liters of the person's breath.	79

(C) In any proceeding arising out of one incident, a person	80
may be charged with a violation of division (A)(1) and a violation	81
of division (B)(1), (2), (3), or (4) of this section, but the	82
person shall not be convicted of more than one violation of those	83
divisions.	84

(D)(1) In any criminal prosecution or juvenile court	85
proceeding for a violation of division (A) or (B) of this section	86
or for an equivalent violation, the court may admit evidence on	87
the concentration of alcohol, drugs of abuse, or a combination of	88
them in the defendant's or child's whole blood, blood serum or	89
plasma, urine, or breath at the time of the alleged violation as	90
shown by chemical analysis of the substance withdrawn, or specimen	91
taken within two hours of the time of the alleged violation.	92

When a person submits to a blood test, only a physician, a	93
registered nurse, or a qualified technician, chemist, or	94
phlebotomist shall withdraw blood for the purpose of determining	95
the alcohol, drug, or alcohol and drug content of the whole blood,	96
blood serum, or blood plasma. This limitation does not apply to	97
the taking of breath or urine specimens. A person authorized to	98
withdraw blood under this division may refuse to withdraw blood	99
under this division if, in that person's opinion, the physical	100
welfare of the defendant or child would be endangered by	101
withdrawing blood.	102

The whole blood, blood serum or plasma, urine, or breath	103
shall be analyzed in accordance with methods approved by the	104
director of health by an individual possessing a valid permit	105
issued by the director pursuant to section 3701.143 of the Revised	106
Code.	107

(2) In a criminal prosecution or juvenile court proceeding	108
for a violation of division (A) of this section or for a violation	109
of a prohibition that is substantially equivalent to division (A)	110
of this section, if there was at the time the bodily substance was	111
taken a concentration of less than the applicable concentration of	112
alcohol specified for a violation of division (A)(2), (3), (4), or	113
(5) of this section, that fact may be considered with other	114
competent evidence in determining the guilt or innocence of the	115
defendant or in making an adjudication for the child. This	116
division does not limit or affect a criminal prosecution or	117
juvenile court proceeding for a violation of division (B) of this	118
section or for a violation of a prohibition that is substantially	119
equivalent to that division.	120

(3) Upon the request of the person who was tested, the	121
results of the chemical test shall be made available to the person	122
or the person's attorney immediately upon completion of the test	123
analysis.	124

The person tested may have a physician, a registered nurse,	125
or a qualified technician, chemist, or phlebotomist of the	126
person's own choosing administer a chemical test or tests in	127
addition to any administered at the direction of a law enforcement	128
officer, and shall be so advised. The failure or inability to	129
obtain an additional test by a person shall not preclude the	130
admission of evidence relating to the test or tests taken at the	131
direction of a law enforcement officer.	132

(E)(1) In any criminal prosecution or juvenile court	133
proceeding for a violation of division (A) or (B) of this section	134
or for an equivalent violation, if a law enforcement officer has	135
administered a field sobriety test to the operator or person found	136
to be in physical control of the vessel underway involved in the	137
violation or the person manipulating the water skis, aquaplane, or	138
similar device involved in the violation and if it is shown by	139
clear and convincing evidence that the officer administered the	140
test in substantial compliance with the testing standards for	141
reliable, credible, and generally accepted field sobriety tests	142
for vehicles that were in effect at the time the tests were	143
administered, including, but not limited to, any testing standards	144
then in effect that have been set by the national highway traffic	145
safety administration, that by their nature are not clearly	146
inapplicable regarding the operation or physical control of	147
vessels underway or the manipulation of water skis, aquaplanes, or	148
similar devices, all of the following apply:	149

(a) The officer may testify concerning the results of the	150
field sobriety test so administered.	151

(b) The prosecution may introduce the results of the field	152
sobriety test so administered as evidence in any proceedings in	153
the criminal prosecution or juvenile court proceeding.	154

(c) If testimony is presented or evidence is introduced under	155
division (E)(1)(a) or (b) of this section and if the testimony or	156
evidence is admissible under the Rules of Evidence, the court	157
shall admit the testimony or evidence, and the trier of fact shall	158
give it whatever weight the trier of fact considers to be	159
appropriate.	160

(2) Division (E)(1) of this section does not limit or	161
preclude a court, in its determination of whether the arrest of a	162
person was supported by probable cause or its determination of any	163
other matter in a criminal prosecution or juvenile court	164
proceeding of a type described in that division, from considering	165
evidence or testimony that is not otherwise disallowed by division	166
(E)(1) of this section.	167

(F)(1) Subject to division (F)(3) of this section, in any	168
criminal prosecution or juvenile court proceeding for a violation	169
of this section or for an equivalent violation, the court shall	170
admit as prima-facie evidence a laboratory report from any	171
forensic laboratory certified by the department of health that	172
contains an analysis of the whole blood, blood serum or plasma,	173
breath, urine, or other bodily substance tested and that contains	174
all of the information specified in this division. The laboratory	175
report shall contain all of the following:	176

(a) The signature, under oath, of any person who performed	177
the analysis;	178

(b) Any findings as to the identity and quantity of alcohol,	179
a drug of abuse, or a combination of them that was found;	180

(c) A copy of a notarized statement by the laboratory	181
director or a designee of the director that contains the name of	182
each certified analyst or test performer involved with the report,	183
the analyst's or test performer's employment relationship with the	184
laboratory that issued the report, and a notation that performing	185
an analysis of the type involved is part of the analyst's or test	186
performer's regular duties;	187

(d) An outline of the analyst's or test performer's	188
education, training, and experience in performing the type of	189
analysis involved and a certification that the laboratory	190
satisfies appropriate quality control standards in general and, in	191
this particular analysis, under rules of the department of health.	192

(2) Notwithstanding any other provision of law regarding the	193
admission of evidence, a report of the type described in division	194
(F)(1) of this section is not admissible against the defendant or	195
child to whom it pertains in any proceeding, other than a	196
preliminary hearing or a grand jury proceeding, unless the	197
prosecutor has served a copy of the report on the defendant's or	198
child's attorney or, if the defendant or child has no attorney, on	199
the defendant or child.	200

(3) A report of the type described in division (F)(1) of this	201
section shall not be prima-facie evidence of the contents,	202
identity, or amount of any substance if, within seven days after	203
the defendant or child to whom the report pertains or the	204
defendant's or child's attorney receives a copy of the report, the	205
defendant or child or the defendant's or child's attorney demands	206
the testimony of the person who signed the report. The judge in	207
the case may extend the seven-day time limit in the interest of	208
justice.	209

(G) Except as otherwise provided in this division, any	210
physician, registered nurse, or qualified technician, chemist, or	211
phlebotomist who withdraws blood from a person pursuant to this	212
section, and a hospital, first-aid station, or clinic at which	213
blood is withdrawn from a person pursuant to this section, is	214
immune from criminal and civil liability based upon a claim of	215
assault and battery or any other claim that is not a claim of	216
malpractice, for any act performed in withdrawing blood from the	217
person. The immunity provided in this division is not available to	218
a person who withdraws blood if the person engages in willful or	219
wanton misconduct.	220

(H) As used in this section and section 1547.111 of the	221
Revised Code:	222

(1) "Equivalent violation" means a violation of a municipal	223
ordinance, law of another state, or law of the United States that	224
is substantially equivalent to division (A) or (B) of this	225
section.	226

(2) "National highway traffic safety administration" has the	227
same meaning as in section 4511.19 of the Revised Code.	228

(3) "Operate" means that a vessel is being used on the waters	229
in this state when the vessel is not securely affixed to a dock or	230
to shore or to any permanent structure to which the vessel has the	231
right to affix or that a vessel is not anchored in a designated	232
anchorage area or boat camping area that is established by the	233
United States coast guard, this state, or a political subdivision	234
and in which the vessel has the right to anchor.	235

Sec. 1901.41.  (A) Notwithstanding section 149.39 of the	236
Revised Code and subject to division (E) of this section, each	237
municipal court, by rule, may order the destruction or other	238
disposition of the files of cases that have been finally disposed	239
of by the court for at least five years as follows:	240

(1) If a case has been finally disposed of for at least five	241
years, but less than fifteen years prior to the adoption of the	242
rule of court for destruction or other disposition of the files,	243
the court may order the files destroyed or otherwise disposed of	244
only if the court first complies with division (B)(1) of this	245
section;	246

(2) If a case has been finally disposed of for fifteen years	247
or more prior to the adoption of the rule of court for destruction	248
or other disposition of the files, the court may order the files	249
destroyed or otherwise disposed of without having copied or	250
reproduced the files prior to their destruction.	251

(B)(1) Except as otherwise provided in this division, all	252
files destroyed or otherwise disposed of under division (A)(1) of	253
this section shall be copied or reproduced prior to their	254
destruction or disposition in the manner and according to the	255
procedure prescribed in section 9.01 of the Revised Code. The	256
copies or reproductions of the files made pursuant to section 9.01	257
of the Revised Code shall be retained and preserved by the court	258
for a period of ten years after the destruction of the original	259
files in accordance with this section, after which the copies or	260
reproductions themselves may be destroyed or otherwise disposed	261
of.	262

Files destroyed or otherwise disposed of under division	263
(A)(1) of this section that are solely concerned with criminal	264
prosecutions for minor misdemeanor offenses or that are concerned	265
solely with minor misdemeanor traffic prosecutions do not have to	266
be copied or reproduced in any manner or under any procedure prior	267
to their destruction or disposition as provided in this section.	268

(2) Files destroyed or otherwise disposed of under division	269
(A)(2) of this section do not have to be copied or reproduced in	270
any manner or under any procedure prior to their destruction or	271
disposition.	272

(C) Nothing in this section permits or shall be construed as	273
permitting the destruction or other disposition of the files in	274
the Cleveland municipal court of cases involving the following	275
actions and proceedings:	276

(1) The sale of real property in an action to foreclose and	277
marshal all liens on the real property;	278

(2) The sale of real property in an action to foreclose a	279
mortgage on the real property;	280

(3) The determination of rights in the title to real property	281
either in the form of a creditor's bill or in any other action	282
intended to determine or adjudicate the right, title, and interest	283
of a person or persons in the ownership of a parcel or parcels of	284
real property or any interest therein.	285

(D) All dockets, indexes, journals, and cash books of the	286
court shall be retained and preserved by the court for at least	287
twenty-five years unless they are reproduced in the manner and	288
according to the procedure prescribed in section 9.01 of the	289
Revised Code, in which case the reproductions shall be retained	290
and preserved by the court at least until the expiration of the	291
twenty-five year period for which the originals would have had to	292
have been retained. Court dockets, indexes, journals, and cash	293
books, and all other court records also shall be subject to	294
destruction or other disposition under section 149.39 of the	295
Revised Code.	296

(E) Notwithstanding section 149.39 of the Revised Code, each	297
clerk of a municipal court shall retain documentation regarding	298
each criminal conviction and plea of guilty involving a case that	299
is or was before the court. The documentation shall be in a form	300
that is admissible as evidence in a criminal proceeding as	301
evidence of a prior conviction and may be retained in any form	302
authorized by section 9.01 of the Revised Code. The clerk shall	303
retain this documentation for a period of fifty years after the	304
entry of judgment in the case. This section shall apply to records	305
currently retained and to records created on or after the	306
effective date of this amendment.	307

Sec. 1907.231. Notwithstanding section 149.38 of the Revised	308
Code, each clerk of a county court shall retain documentation	309
regarding each criminal conviction and plea of guilty involving a	310
case that is or was before the court. The documentation shall be	311
in a form that is admissible as evidence in a criminal proceeding	312
as evidence of a prior conviction and may be retained in any form	313
authorized by section 9.01 of the Revised Code. The clerk shall	314
retain this documentation for a period of fifty years after the	315
entry of judgment in the case. This section shall apply to records	316
currently retained and to records created on or after the	317
effective date of this section.	318

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	319
child, the court may make any of the following orders of	320
disposition, in addition to any other disposition authorized or	321
required by this chapter:	322

(1) Any order that is authorized by section 2151.353 of the	323
Revised Code for the care and protection of an abused, neglected,	324
or dependent child;	325

(2) Commit the child to the temporary custody of any school,	326
camp, institution, or other facility operated for the care of	327
delinquent children by the county, by a district organized under	328
section 2152.41 or 2151.65 of the Revised Code, or by a private	329
agency or organization, within or without the state, that is	330
authorized and qualified to provide the care, treatment, or	331
placement required, including, but not limited to, a school, camp,	332
or facility operated under section 2151.65 of the Revised Code;	333

(3) Place the child in a detention facility or district	334
detention facility operated under section 2152.41 of the Revised	335
Code, for up to ninety days;	336

(4) Place the child on community control under any sanctions,	337
services, and conditions that the court prescribes. As a condition	338
of community control in every case and in addition to any other	339
condition that it imposes upon the child, the court shall require	340
the child to abide by the law during the period of community	341
control. As referred to in this division, community control	342
includes, but is not limited to, the following sanctions and	343
conditions:	344

(a) A period of basic probation supervision in which the	345
child is required to maintain contact with a person appointed to	346
supervise the child in accordance with sanctions imposed by the	347
court;	348

(b) A period of intensive probation supervision in which the	349
child is required to maintain frequent contact with a person	350
appointed by the court to supervise the child while the child is	351
seeking or maintaining employment and participating in training,	352
education, and treatment programs as the order of disposition;	353

(c) A period of day reporting in which the child is required	354
each day to report to and leave a center or another approved	355
reporting location at specified times in order to participate in	356
work, education or training, treatment, and other approved	357
programs at the center or outside the center;	358

(d) A period of community service of up to five hundred hours	359
for an act that would be a felony or a misdemeanor of the first	360
degree if committed by an adult, up to two hundred hours for an	361
act that would be a misdemeanor of the second, third, or fourth	362
degree if committed by an adult, or up to thirty hours for an act	363
that would be a minor misdemeanor if committed by an adult;	364

(e) A requirement that the child obtain a high school	365
diploma, a certificate of high school equivalence, vocational	366
training, or employment;	367

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

368

(g) A requirement of alcohol or drug assessment or	369
counseling, or a period in an alcohol or drug treatment program	370
with a level of security for the child as determined necessary by	371
the court;	372

(h) A period in which the court orders the child to observe a	373
curfew that may involve daytime or evening hours;	374

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

375

(j) A period of house arrest without electronic monitoring or	376
continuous alcohol monitoring;	377

(k) A period of electronic monitoring or continuous alcohol	378
monitoring without house arrest, or house arrest with electronic	379
monitoring or continuous alcohol monitoring or both electronic	380
monitoring and continuous alcohol monitoring, that does not exceed	381
the maximum sentence of imprisonment that could be imposed upon an	382
adult who commits the same act.	383

A period of house arrest with electronic monitoring or	384
continuous alcohol monitoring or both electronic monitoring and	385
continuous alcohol monitoring, imposed under this division shall	386
not extend beyond the child's twenty-first birthday. If a court	387
imposes a period of house arrest with electronic monitoring or	388
continuous alcohol monitoring or both electronic monitoring and	389
continuous alcohol monitoring, upon a child under this division,	390
it shall require the child: to remain in the child's home or other	391
specified premises for the entire period of house arrest with	392
electronic monitoring or continuous alcohol monitoring or both	393
except when the court permits the child to leave those premises to	394
go to school or to other specified premises;. Regarding electronic	395
monitoring, the court also shall require the child to be monitored	396
by a central system that can determine the child's location at	397
designated times; to report periodically to a person designated by	398
the court; and to enter into a written contract with the court	399
agreeing to comply with all requirements imposed by the court,	400
agreeing to pay any fee imposed by the court for the costs of the	401
house arrest with electronic monitoring, and agreeing to waive the	402
right to receive credit for any time served on house arrest with	403
electronic monitoring toward the period of any other dispositional	404
order imposed upon the child if the child violates any of the	405
requirements of the dispositional order of house arrest with	406
electronic monitoring. The court also may impose other reasonable	407
requirements upon the child.	408

Unless ordered by the court, a child shall not receive credit	409
for any time served on house arrest with electronic monitoring or	410
continuous alcohol monitoring or both toward any other	411
dispositional order imposed upon the child for the act for which	412
was imposed the dispositional order of house arrest with	413
electronic monitoring or continuous alcohol monitoring. As used in	414
this division and division (A)(4)(l) of this section, "continuous	415
alcohol monitoring" has the same meaning as in section 2929.01 of	416
the Revised Code.	417

(l) A suspension of the driver's license, probationary	418
driver's license, or temporary instruction permit issued to the	419
child for a period of time prescribed by the court, or a	420
suspension of the registration of all motor vehicles registered in	421
the name of the child for a period of time prescribed by the	422
court. A child whose license or permit is so suspended is	423
ineligible for issuance of a license or permit during the period	424
of suspension. At the end of the period of suspension, the child	425
shall not be reissued a license or permit until the child has paid	426
any applicable reinstatement fee and complied with all	427
requirements governing license reinstatement.	428

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

429

(6) Require the child to not be absent without legitimate	430
excuse from the public school the child is supposed to attend for	431
five or more consecutive days, seven or more school days in one	432
school month, or twelve or more school days in a school year;	433

(7)(a) If a child is adjudicated a delinquent child for being	434
a chronic truant or ana habitual truant who previously has been	435
adjudicated an unruly child for being a habitual truant, do either	436
or both of the following:	437

(i) Require the child to participate in a truancy prevention	438
mediation program;	439

(ii) Make any order of disposition as authorized by this	440
section, except that the court shall not commit the child to a	441
facility described in division (A)(2) or (3) of this section	442
unless the court determines that the child violated a lawful court	443
order made pursuant to division (C)(1)(e) of section 2151.354 of	444
the Revised Code or division (A)(6) of this section.	445

(b) If a child is adjudicated a delinquent child for being a	446
chronic truant or a habitual truant who previously has been	447
adjudicated an unruly child for being a habitual truant and the	448
court determines that the parent, guardian, or other person having	449
care of the child has failed to cause the child's attendance at	450
school in violation of section 3321.38 of the Revised Code, do	451
either or both of the following:	452

(i) Require the parent, guardian, or other person having care	453
of the child to participate in a truancy prevention mediation	454
program;	455

(ii) Require the parent, guardian, or other person having	456
care of the child to participate in any community service program,	457
preferably a community service program that requires the	458
involvement of the parent, guardian, or other person having care	459
of the child in the school attended by the child.	460

(8) Make any further disposition that the court finds proper,	461
except that the child shall not be placed in any of the following:	462

(a) A state correctional institution, a county, multicounty,	463
or municipal jail or workhouse, or another place in which an adult	464
convicted of a crime, under arrest, or charged with a crime is	465
held;	466

(b) A community corrections facility, if the child would be	467
covered by the definition of public safety beds for purposes of	468
sections 5139.41 to 5139.43 of the Revised Code if the court	469
exercised its authority to commit the child to the legal custody	470
of the department of youth services for institutionalization or	471
institutionalization in a secure facility pursuant to this	472
chapter.	473

(B) If a child is adjudicated a delinquent child, in addition	474
to any order of disposition made under division (A) of this	475
section, the court, in the following situations and for the	476
specified periods of time, shall suspend the child's temporary	477
instruction permit, restricted license, probationary driver's	478
license, or nonresident operating privilege, or suspend the	479
child's ability to obtain such a permit:	480

(1) If the child is adjudicated a delinquent child for	481
violating section 2923.122 of the Revised Code, impose a class	482
four suspension of the child's license, permit, or privilege from	483
the range specified in division (A)(4) of section 4510.02 of the	484
Revised Code or deny the child the issuance of a license or permit	485
in accordance with division (F)(1) of section 2923.122 of the	486
Revised Code.	487

(2) If the child is adjudicated a delinquent child for	488
committing an act that if committed by an adult would be a drug	489
abuse offense or for violating division (B) of section 2917.11 of	490
the Revised Code, suspend the child's license, permit, or	491
privilege for a period of time prescribed by the court. The court,	492
in its discretion, may terminate the suspension if the child	493
attends and satisfactorily completes a drug abuse or alcohol abuse	494
education, intervention, or treatment program specified by the	495
court. During the time the child is attending a program described	496
in this division, the court shall retain the child's temporary	497
instruction permit, probationary driver's license, or driver's	498
license, and the court shall return the permit or license if it	499
terminates the suspension as described in this division.	500

(C) The court may establish a victim-offender mediation	501
program in which victims and their offenders meet to discuss the	502
offense and suggest possible restitution. If the court obtains the	503
assent of the victim of the delinquent act committed by the child,	504
the court may require the child to participate in the program.	505

(D)(1) If a child is adjudicated a delinquent child for	506
committing an act that would be a felony if committed by an adult	507
and if the child caused, attempted to cause, threatened to cause,	508
or created a risk of physical harm to the victim of the act, the	509
court, prior to issuing an order of disposition under this	510
section, shall order the preparation of a victim impact statement	511
by the probation department of the county in which the victim of	512
the act resides, by the court's own probation department, or by a	513
victim assistance program that is operated by the state, a county,	514
a municipal corporation, or another governmental entity. The court	515
shall consider the victim impact statement in determining the	516
order of disposition to issue for the child.	517

(2) Each victim impact statement shall identify the victim of	518
the act for which the child was adjudicated a delinquent child,	519
itemize any economic loss suffered by the victim as a result of	520
the act, identify any physical injury suffered by the victim as a	521
result of the act and the seriousness and permanence of the	522
injury, identify any change in the victim's personal welfare or	523
familial relationships as a result of the act and any	524
psychological impact experienced by the victim or the victim's	525
family as a result of the act, and contain any other information	526
related to the impact of the act upon the victim that the court	527
requires.	528

(3) A victim impact statement shall be kept confidential and	529
is not a public record. However, the court may furnish copies of	530
the statement to the department of youth services if the	531
delinquent child is committed to the department or to both the	532
adjudicated delinquent child or the adjudicated delinquent child's	533
counsel and the prosecuting attorney. The copy of a victim impact	534
statement furnished by the court to the department pursuant to	535
this section shall be kept confidential and is not a public	536
record. If an officer is preparing pursuant to section 2947.06 or	537
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	538
investigation report pertaining to a person, the court shall make	539
available to the officer, for use in preparing the report, a copy	540
of any victim impact statement regarding that person. The copies	541
of a victim impact statement that are made available to the	542
adjudicated delinquent child or the adjudicated delinquent child's	543
counsel and the prosecuting attorney pursuant to this division	544
shall be returned to the court by the person to whom they were	545
made available immediately following the imposition of an order of	546
disposition for the child under this chapter.	547

The copy of a victim impact statement that is made available	548
pursuant to this division to an officer preparing a criminal	549
presentence investigation report shall be returned to the court by	550
the officer immediately following its use in preparing the report.	551

(4) The department of youth services shall work with local	552
probation departments and victim assistance programs to develop a	553
standard victim impact statement.	554

(E) If a child is adjudicated a delinquent child for being a	555
chronic truant or ana habitual truant who previously has been	556
adjudicated an unruly child for being ana habitual truant and the	557
court determines that the parent, guardian, or other person having	558
care of the child has failed to cause the child's attendance at	559
school in violation of section 3321.38 of the Revised Code, in	560
addition to any order of disposition it makes under this section,	561
the court shall warn the parent, guardian, or other person having	562
care of the child that any subsequent adjudication of the child as	563
an unruly or delinquent child for being ana habitual or chronic	564
truant may result in a criminal charge against the parent,	565
guardian, or other person having care of the child for a violation	566
of division (C) of section 2919.21 or section 2919.24 of the	567
Revised Code.	568

(F)(1) During the period of a delinquent child's community	569
control granted under this section, authorized probation officers	570
who are engaged within the scope of their supervisory duties or	571
responsibilities may search, with or without a warrant, the person	572
of the delinquent child, the place of residence of the delinquent	573
child, and a motor vehicle, another item of tangible or intangible	574
personal property, or other real property in which the delinquent	575
child has a right, title, or interest or for which the delinquent	576
child has the express or implied permission of a person with a	577
right, title, or interest to use, occupy, or possess if the	578
probation officers have reasonable grounds to believe that the	579
delinquent child is not abiding by the law or otherwise is not	580
complying with the conditions of the delinquent child's community	581
control. The court that places a delinquent child on community	582
control under this section shall provide the delinquent child with	583
a written notice that informs the delinquent child that authorized	584
probation officers who are engaged within the scope of their	585
supervisory duties or responsibilities may conduct those types of	586
searches during the period of community control if they have	587
reasonable grounds to believe that the delinquent child is not	588
abiding by the law or otherwise is not complying with the	589
conditions of the delinquent child's community control. The court	590
also shall provide the written notice described in division (E)(2)	591
of this section to each parent, guardian, or custodian of the	592
delinquent child who is described in that division.	593

(2) The court that places a child on community control under	594
this section shall provide the child's parent, guardian, or other	595
custodian with a written notice that informs them that authorized	596
probation officers may conduct searches pursuant to division	597
(E)(1) of this section. The notice shall specifically state that a	598
permissible search might extend to a motor vehicle, another item	599
of tangible or intangible personal property, or a place of	600
residence or other real property in which a notified parent,	601
guardian, or custodian has a right, title, or interest and that	602
the parent, guardian, or custodian expressly or impliedly permits	603
the child to use, occupy, or possess.	604

(G) If a juvenile court commits a delinquent child to the	605
custody of any person, organization, or entity pursuant to this	606
section and if the delinquent act for which the child is so	607
committed is a sexually oriented offense that is not a	608
registration-exempt sexually oriented offense or is a child-victim	609
oriented offense, the court in the order of disposition shall do	610
one of the following:	611

(1) Require that the child be provided treatment as described	612
in division (A)(2) of section 5139.13 of the Revised Code;	613

(2) Inform the person, organization, or entity that it is the	614
preferred course of action in this state that the child be	615
provided treatment as described in division (A)(2) of section	616
5139.13 of the Revised Code and encourage the person,	617
organization, or entity to provide that treatment.	618

Sec. 2301.141. Notwithstanding section 149.38 of the Revised	619
Code, each clerk of a court of common pleas shall retain	620
documentation regarding each criminal conviction and plea of	621
guilty involving a case that is or was before the court. The	622
documentation shall be in a form that is admissible as evidence in	623
a criminal proceeding as evidence of a prior conviction and may be	624
retained in any form authorized by section 9.01 of the Revised	625
Code. The clerk shall retain this documentation for a period of	626
fifty years after the entry of judgment in the case. This section	627
shall apply to records currently retained and to records created	628
on or after the effective date of this section.	629

Sec. 2903.08.  (A) No person, while operating or	630
participating in the operation of a motor vehicle, motorcycle,	631
snowmobile, locomotive, watercraft, or aircraft, shall cause	632
serious physical harm to another person or another's unborn in	633
either of the following ways:	634

(1)(a) As the proximate result of committing a violation of	635
division (A) of section 4511.19 of the Revised Code or of a	636
substantially equivalent municipal ordinance;	637

(b) As the proximate result of committing a violation of	638
division (A) of section 1547.11 of the Revised Code or of a	639
substantially equivalent municipal ordinance;	640

(c) As the proximate result of committing a violation of	641
division (A)(3) of section 4561.15 of the Revised Code or of a	642
substantially equivalent municipal ordinance.	643

(2) Recklessly.

644

(B)(1) Whoever violates division (A)(1) of this section is	645
guilty of aggravated vehicular assault. Except as otherwise	646
provided in this division, aggravated vehicular assault is a	647
felony of the third degree. Aggravated vehicular assault is a	648
felony of the second degree if any of the following apply:	649

(a) At the time of the offense, the offender was driving	650
under a suspension imposed under Chapter 4510. or any other	651
provision of the Revised Code.	652

(b) The offender previously has been convicted of or pleaded	653
guilty to a violation of this section.	654

(c) The offender previously has been convicted of or pleaded	655
guilty to any traffic-related homicide, manslaughter, or assault	656
offense.	657

(d) The offender previously has been convicted of or pleaded	658
guilty to three or more prior violations of section 4511.19 of the	659
Revised Code or a substantially equivalent municipal ordinance	660
within the previous six years.	661

(e) The offender previously has been convicted of or pleaded	662
guilty to three or more prior violations of division (A) of	663
section 1547.11 of the Revised Code or of a substantially	664
equivalent municipal ordinance within the previous six years.	665

(f) The offender previously has been convicted of or pleaded	666
guilty to three or more prior violations of division (A)(3) of	667
section 4561.15 of the Revised Code or of a substantially	668
equivalent municipal ordinance within the previous six years.	669

(g) The offender previously has been convicted of or pleaded	670
guilty to three or more prior violations of any combination of the	671
offenses listed in division (B)(1)(d), (e), or (f) of this	672
section.	673

(h) The offender previously has been convicted of or pleaded	674
guilty to a second or subsequent felony violation of division (A)	675
of section 4511.19 of the Revised Code.	676

(2) In addition to any other sanctions imposed pursuant to	677
division (B)(1) of this section, the court shall impose upon the	678
offender a class three suspension of the offender's driver's	679
license, commercial driver's license, temporary instruction	680
permit, probationary license, or nonresident operating privilege	681
from the range specified in division (A)(3) of section 4510.02 of	682
the Revised Code or, if the offender previously has been convicted	683
of or pleaded guilty to a violation of this section or any	684
traffic-related homicide, manslaughter, or assault offense, a	685
class two suspension of the offender's driver's license,	686
commercial driver's license, temporary instruction permit,	687
probationary license, or nonresident operating privilege from the	688
range specified in division (A)(2) of that section.	689

(C) Whoever violates division (A)(2) of this section is	690
guilty of vehicular assault. Except as otherwise provided in this	691
division, vehicular assault is a felony of the fourth degree.	692
Vehicular assault is a felony of the third degree if, at the time	693
of the offense, the offender was driving under a suspension	694
imposed under Chapter 4510. or any other provision of the Revised	695
Code or, if the offender previously has been convicted of or	696
pleaded guilty to a violation of this section or any	697
traffic-related homicide, manslaughter, or assault offense, or if,	698
in the same course of conduct that resulted in the violation of	699
division (A)(2) of this section, the offender also violated	700
section 4549.02, 4549.021, or 4549.03 of the Revised Code.	701

In addition to any other sanctions imposed, the court shall	702
impose upon the offender a class four suspension of the offender's	703
driver's license, commercial driver's license, temporary	704
instruction permit, probationary license, or nonresident operating	705
privilege from the range specified in division (A)(4) of section	706
4510.02 of the Revised Code or, if the offender previously has	707
been convicted of or pleaded guilty to a violation of this section	708
or any traffic-related homicide, manslaughter, or assault offense,	709
a class three suspension of the offender's driver's license,	710
commercial driver's license, temporary instruction permit,	711
probationary license, or nonresident operating privilege from the	712
range specified in division (A)(3) of that section.	713

(D) The court shall impose a mandatory prison term on an	714
offender who is convicted of or pleads guilty to a violation of	715
division (A)(1) of this section. The court shall impose a	716
mandatory prison term on an offender who is convicted of or pleads	717
guilty to a violation of division (A)(2) of this section if either	718
of the following applies:	719

(1) The offender previously has been convicted of or pleaded	720
guilty to a violation of this section or section 2903.06 of the	721
Revised Code.	722

(2) At the time of the offense, the offender was driving	723
under suspension under Chapter 4510. or any other provision of the	724
Revised Code.	725

(E) As used in this section:

726

(1) "Mandatory prison term" has the same meaning as in	727
section 2929.01 of the Revised Code.	728

(2) "Traffic-related homicide, manslaughter, or assault	729
offense" has the same meaning as in section 2903.06 of the Revised	730
Code.	731

(F) For the purposes of this section, when a penalty or	732
suspension is enhanced because of a prior or current violation of	733
a specified law or a prior or current specified offense, the	734
reference to the violation of the specified law or the specified	735
offense includes any violation of any substantially equivalent	736
municipal ordinance, former law of this state, or current or	737
former law of another state or the United States.	738

Sec. 2929.01.  As used in this chapter:

739

(A)(1) "Alternative residential facility" means, subject to	740
division (A)(2) of this section, any facility other than an	741
offender's home or residence in which an offender is assigned to	742
live and that satisfies all of the following criteria:	743

(a) It provides programs through which the offender may seek	744
or maintain employment or may receive education, training,	745
treatment, or habilitation.	746

(b) It has received the appropriate license or certificate	747
for any specialized education, training, treatment, habilitation,	748
or other service that it provides from the government agency that	749
is responsible for licensing or certifying that type of education,	750
training, treatment, habilitation, or service.	751

(2) "Alternative residential facility" does not include a	752
community-based correctional facility, jail, halfway house, or	753
prison.	754

(B) "Bad time" means the time by which the parole board	755
administratively extends an offender's stated prison term or terms	756
pursuant to section 2967.11 of the Revised Code because the parole	757
board finds by clear and convincing evidence that the offender,	758
while serving the prison term or terms, committed an act that is a	759
criminal offense under the law of this state or the United States,	760
whether or not the offender is prosecuted for the commission of	761
that act.	762

(C) "Basic probation supervision" means a requirement that	763
the offender maintain contact with a person appointed to supervise	764
the offender in accordance with sanctions imposed by the court or	765
imposed by the parole board pursuant to section 2967.28 of the	766
Revised Code. "Basic probation supervision" includes basic parole	767
supervision and basic post-release control supervision.	768

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	769
"unit dose" have the same meanings as in section 2925.01 of the	770
Revised Code.	771

(E) "Community-based correctional facility" means a	772
community-based correctional facility and program or district	773
community-based correctional facility and program developed	774
pursuant to sections 2301.51 to 2301.56 of the Revised Code.	775

(F) "Community control sanction" means a sanction that is not	776
a prison term and that is described in section 2929.15, 2929.16,	777
2929.17, or 2929.18 of the Revised Code or a sanction that is not	778
a jail term and that is described in section 2929.26, 2929.27, or	779
2929.28 of the Revised Code. "Community control sanction" includes	780
probation if the sentence involved was imposed for a felony that	781
was committed prior to July 1, 1996, or if the sentence involved	782
was imposed for a misdemeanor that was committed prior to January	783
1, 2004.	784

(G) "Controlled substance," "marihuana," "schedule I," and	785
"schedule II" have the same meanings as in section 3719.01 of the	786
Revised Code.	787

(H) "Curfew" means a requirement that an offender during a	788
specified period of time be at a designated place.	789

(I) "Day reporting" means a sanction pursuant to which an	790
offender is required each day to report to and leave a center or	791
other approved reporting location at specified times in order to	792
participate in work, education or training, treatment, and other	793
approved programs at the center or outside the center.	794

(J) "Deadly weapon" has the same meaning as in section	795
2923.11 of the Revised Code.	796

(K) "Drug and alcohol use monitoring" means a program under	797
which an offender agrees to submit to random chemical analysis of	798
the offender's blood, breath, or urine to determine whether the	799
offender has ingested any alcohol or other drugs.	800

(L) "Drug treatment program" means any program under which a	801
person undergoes assessment and treatment designed to reduce or	802
completely eliminate the person's physical or emotional reliance	803
upon alcohol, another drug, or alcohol and another drug and under	804
which the person may be required to receive assessment and	805
treatment on an outpatient basis or may be required to reside at a	806
facility other than the person's home or residence while	807
undergoing assessment and treatment.	808

(M) "Economic loss" means any economic detriment suffered by	809
a victim as a result of the commission of an offense and includes	810
any loss of income due to lost time at work because of any injury	811
caused to the victim, and any property loss, medical cost, or	812
funeral expense incurred as a result of the commission of the	813
offense.	814

(N) "Education or training" includes study at, or in	815
conjunction with a program offered by, a university, college, or	816
technical college or vocational study and also includes the	817
completion of primary school, secondary school, and literacy	818
curricula or their equivalent.	819

(O) "Firearm" has the same meaning as in section 2923.11 of	820
the Revised Code.	821

(P) "Halfway house" means a facility licensed by the division	822
of parole and community services of the department of	823
rehabilitation and correction pursuant to section 2967.14 of the	824
Revised Code as a suitable facility for the care and treatment of	825
adult offenders.	826

(Q) "House arrest" means a period of confinement of an	827
offender that is in the offender's home or in other premises	828
specified by the sentencing court or by the parole board pursuant	829
to section 2967.28 of the Revised Code and during which all of the	830
following apply:	831

(1) The offender is required to remain in the offender's home	832
or other specified premises for the specified period of	833
confinement, except for periods of time during which the offender	834
is at the offender's place of employment or at other premises as	835
authorized by the sentencing court or by the parole board.	836

(2) The offender is required to report periodically to a	837
person designated by the court or parole board.	838

(3) The offender is subject to any other restrictions and	839
requirements that may be imposed by the sentencing court or by the	840
parole board.	841

(R) "Intensive probation supervision" means a requirement	842
that an offender maintain frequent contact with a person appointed	843
by the court, or by the parole board pursuant to section 2967.28	844
of the Revised Code, to supervise the offender while the offender	845
is seeking or maintaining necessary employment and participating	846
in training, education, and treatment programs as required in the	847
court's or parole board's order. "Intensive probation supervision"	848
includes intensive parole supervision and intensive post-release	849
control supervision.	850

(S) "Jail" means a jail, workhouse, minimum security jail, or	851
other residential facility used for the confinement of alleged or	852
convicted offenders that is operated by a political subdivision or	853
a combination of political subdivisions of this state.	854

(T) "Jail term" means the term in a jail that a sentencing	855
court imposes or is authorized to impose pursuant to section	856
2929.24 or 2929.25 of the Revised Code or pursuant to any other	857
provision of the Revised Code that authorizes a term in a jail for	858
a misdemeanor conviction.	859

(U) "Mandatory jail term" means the term in a jail that a	860
sentencing court is required to impose pursuant to division (G) of	861
section 1547.99 of the Revised Code, division (E) of section	862
2929.24 of the Revised Code, division (B) of section 4510.14 of	863
the Revised Code, or division (G) of section 4511.19 of the	864
Revised Code or pursuant to any other provision of the Revised	865
Code that requires a term in a jail for a misdemeanor conviction.	866

(V) "Delinquent child" has the same meaning as in section	867
2152.02 of the Revised Code.	868

(W) "License violation report" means a report that is made by	869
a sentencing court, or by the parole board pursuant to section	870
2967.28 of the Revised Code, to the regulatory or licensing board	871
or agency that issued an offender a professional license or a	872
license or permit to do business in this state and that specifies	873
that the offender has been convicted of or pleaded guilty to an	874
offense that may violate the conditions under which the offender's	875
professional license or license or permit to do business in this	876
state was granted or an offense for which the offender's	877
professional license or license or permit to do business in this	878
state may be revoked or suspended.	879

(X) "Major drug offender" means an offender who is convicted	880
of or pleads guilty to the possession of, sale of, or offer to	881
sell any drug, compound, mixture, preparation, or substance that	882
consists of or contains at least one thousand grams of hashish; at	883
least one hundred grams of crack cocaine; at least one thousand	884
grams of cocaine that is not crack cocaine; at least two thousand	885
five hundred unit doses or two hundred fifty grams of heroin; at	886
least five thousand unit doses of L.S.D. or five hundred grams of	887
L.S.D. in a liquid concentrate, liquid extract, or liquid	888
distillate form; or at least one hundred times the amount of any	889
other schedule I or II controlled substance other than marihuana	890
that is necessary to commit a felony of the third degree pursuant	891
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	892
Code that is based on the possession of, sale of, or offer to sell	893
the controlled substance.	894

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

895

(1) Subject to division (Y)(2) of this section, the term in	896
prison that must be imposed for the offenses or circumstances set	897
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and	898
division (D) of section 2929.14 of the Revised Code. Except as	899
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and	900
2925.11 of the Revised Code, unless the maximum or another	901
specific term is required under section 2929.14 of the Revised	902
Code, a mandatory prison term described in this division may be	903
any prison term authorized for the level of offense.	904

(2) The term of sixty or one hundred twenty days in prison	905
that a sentencing court is required to impose for a third or	906
fourth degree felony OVI offense pursuant to division (G)(2) of	907
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	908
of the Revised Code or the term of one, two, three, four, or five	909
years in prison that a sentencing court is required to impose	910
pursuant to division (G)(2) of section 2929.13 of the Revised	911
Code.	912

(3) The term in prison imposed pursuant to section 2971.03 of	913
the Revised Code for the offenses and in the circumstances	914
described in division (F)(11) of section 2929.13 of the Revised	915
Code and that term as modified or terminated pursuant to section	916
2971.05 of the Revised Code.	917

(Z) "Monitored time" means a period of time during which an	918
offender continues to be under the control of the sentencing court	919
or parole board, subject to no conditions other than leading a	920
law-abiding life.	921

(AA) "Offender" means a person who, in this state, is	922
convicted of or pleads guilty to a felony or a misdemeanor.	923

(BB) "Prison" means a residential facility used for the	924
confinement of convicted felony offenders that is under the	925
control of the department of rehabilitation and correction but	926
does not include a violation sanction center operated under	927
authority of section 2967.141 of the Revised Code.	928

(CC) "Prison term" includes any of the following sanctions	929
for an offender:	930

(1) A stated prison term;

931

(2) A term in a prison shortened by, or with the approval of,	932
the sentencing court pursuant to section 2929.20, 2967.26,	933
5120.031, 5120.032, or 5120.073 of the Revised Code;	934

(3) A term in prison extended by bad time imposed pursuant to	935
section 2967.11 of the Revised Code or imposed for a violation of	936
post-release control pursuant to section 2967.28 of the Revised	937
Code.	938

(DD) "Repeat violent offender" means a person about whom both	939
of the following apply:	940

(1) The person has been convicted of or has pleaded guilty	941
to, and is being sentenced for committing, for complicity in	942
committing, or for an attempt to commit, aggravated murder,	943
murder, involuntary manslaughter, a felony of the first degree	944
other than one set forth in Chapter 2925. of the Revised Code, a	945
felony of the first degree set forth in Chapter 2925. of the	946
Revised Code that involved an attempt to cause serious physical	947
harm to a person or that resulted in serious physical harm to a	948
person, or a felony of the second degree that involved an attempt	949
to cause serious physical harm to a person or that resulted in	950
serious physical harm to a person.	951

(2) Either of the following applies:

952

(a) The person previously was convicted of or pleaded guilty	953
to, and previously served or, at the time of the offense was	954
serving, a prison term for, any of the following:	955

(i) Aggravated murder, murder, involuntary manslaughter,	956
rape, felonious sexual penetration as it existed under section	957
2907.12 of the Revised Code prior to September 3, 1996, a felony	958
of the first or second degree that resulted in the death of a	959
person or in physical harm to a person, or complicity in or an	960
attempt to commit any of those offenses;	961

(ii) An offense under an existing or former law of this	962
state, another state, or the United States that is or was	963
substantially equivalent to an offense listed under division	964
(DD)(2)(a)(i) of this section and that resulted in the death of a	965
person or in physical harm to a person.	966

(b) The person previously was adjudicated a delinquent child	967
for committing an act that if committed by an adult would have	968
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	969
section, the person was committed to the department of youth	970
services for that delinquent act.	971

(EE) "Sanction" means any penalty imposed upon an offender	972
who is convicted of or pleads guilty to an offense, as punishment	973
for the offense. "Sanction" includes any sanction imposed pursuant	974
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	975
2929.28 of the Revised Code.	976

(FF) "Sentence" means the sanction or combination of	977
sanctions imposed by the sentencing court on an offender who is	978
convicted of or pleads guilty to an offense.	979

(GG) "Stated prison term" means the prison term, mandatory	980
prison term, or combination of all prison terms and mandatory	981
prison terms imposed by the sentencing court pursuant to section	982
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	983
includes any credit received by the offender for time spent in	984
jail awaiting trial, sentencing, or transfer to prison for the	985
offense and any time spent under house arrest or house arrest with	986
electronic monitoring imposed after earning credits pursuant to	987
section 2967.193 of the Revised Code.	988

(HH) "Victim-offender mediation" means a reconciliation or	989
mediation program that involves an offender and the victim of the	990
offense committed by the offender and that includes a meeting in	991
which the offender and the victim may discuss the offense, discuss	992
restitution, and consider other sanctions for the offense.	993

(II) "Fourth degree felony OVI offense" means a violation of	994
division (A) of section 4511.19 of the Revised Code that, under	995
division (G) of that section, is a felony of the fourth degree.	996

(JJ) "Mandatory term of local incarceration" means the term	997
of sixty or one hundred twenty days in a jail, a community-based	998
correctional facility, a halfway house, or an alternative	999
residential facility that a sentencing court may impose upon a	1000
person who is convicted of or pleads guilty to a fourth degree	1001
felony OVI offense pursuant to division (G)(1) of section 2929.13	1002
of the Revised Code and division (G)(1)(d) or (e) of section	1003
4511.19 of the Revised Code.	1004

(KK) "Designated homicide, assault, or kidnapping offense,"	1005
"sexual motivation specification," "sexually violent offense,"	1006
"sexually violent predator," and "sexually violent predator	1007
specification" have the same meanings as in section 2971.01 of the	1008
Revised Code.	1009

(LL) "Habitual sex offender," "sexually oriented offense,"	1010
"sexual predator," "registration-exempt sexually oriented	1011
offense," "child-victim oriented offense," "habitual child-victim	1012
offender," and "child-victim predator" have the same meanings as	1013
in section 2950.01 of the Revised Code.	1014

(MM) An offense is "committed in the vicinity of a child" if	1015
the offender commits the offense within thirty feet of or within	1016
the same residential unit as a child who is under eighteen years	1017
of age, regardless of whether the offender knows the age of the	1018
child or whether the offender knows the offense is being committed	1019
within thirty feet of or within the same residential unit as the	1020
child and regardless of whether the child actually views the	1021
commission of the offense.	1022

(NN) "Family or household member" has the same meaning as in	1023
section 2919.25 of the Revised Code.	1024

(OO) "Motor vehicle" and "manufactured home" have the same	1025
meanings as in section 4501.01 of the Revised Code.	1026

(PP) "Detention" and "detention facility" have the same	1027
meanings as in section 2921.01 of the Revised Code.	1028

(QQ) "Third degree felony OVI offense" means a violation of	1029
division (A) of section 4511.19 of the Revised Code that, under	1030
division (G) of that section, is a felony of the third degree.	1031

(RR) "Random drug testing" has the same meaning as in section	1032
5120.63 of the Revised Code.	1033

(SS) "Felony sex offense" has the same meaning as in section	1034
2967.28 of the Revised Code.	1035

(TT) "Body armor" has the same meaning as in section	1036
2941.1411 of the Revised Code.	1037

(UU) "Electronic monitoring" means monitoring through the use	1038
of an electronic monitoring device.	1039

(VV) "Electronic monitoring device" means any of the	1040
following:	1041

(1) Any device that can be operated by electrical or battery	1042
power and that conforms with all of the following:	1043

(a) The device has a transmitter that can be attached to a	1044
person, that will transmit a specified signal to a receiver of the	1045
type described in division (VV)(1)(b) of this section if the	1046
transmitter is removed from the person, turned off, or altered in	1047
any manner without prior court approval in relation to electronic	1048
monitoring or without prior approval of the department of	1049
rehabilitation and correction in relation to the use of an	1050
electronic monitoring device for an inmate on transitional control	1051
or otherwise is tampered with, that can transmit continuously and	1052
periodically a signal to that receiver when the person is within a	1053
specified distance from the receiver, and that can transmit an	1054
appropriate signal to that receiver if the person to whom it is	1055
attached travels a specified distance from that receiver.	1056

(b) The device has a receiver that can receive continuously	1057
the signals transmitted by a transmitter of the type described in	1058
division (VV)(1)(a) of this section, can transmit continuously	1059
those signals by telephone to a central monitoring computer of the	1060
type described in division (VV)(1)(c) of this section, and can	1061
transmit continuously an appropriate signal to that central	1062
monitoring computer if the receiver is turned off or altered	1063
without prior court approval or otherwise tampered with.	1064

(c) The device has a central monitoring computer that can	1065
receive continuously the signals transmitted by telephone by a	1066
receiver of the type described in division (VV)(1)(b) of this	1067
section and can monitor continuously the person to whom an	1068
electronic monitoring device of the type described in division	1069
(VV)(1)(a) of this section is attached.	1070

(2) Any device that is not a device of the type described in	1071
division (VV)(1) of this section and that conforms with all of the	1072
following:	1073

(a) The device includes a transmitter and receiver that can	1074
monitor and determine the location of a subject person at any	1075
time, or at a designated point in time, through the use of a	1076
central monitoring computer or through other electronic means.	1077

(b) The device includes a transmitter and receiver that can	1078
determine at any time, or at a designated point in time, through	1079
the use of a central monitoring computer or other electronic means	1080
the fact that the transmitter is turned off or altered in any	1081
manner without prior approval of the court in relation to the	1082
electronic monitoring or without prior approval of the department	1083
of rehabilitation and correction in relation to the use of an	1084
electronic monitoring device for an inmate on transitional control	1085
or otherwise is tampered with.	1086

(3) Any type of technology that can adequately track or	1087
determine the location of a subject person at any time and that is	1088
approved by the director of rehabilitation and correction,	1089
including, but not limited to, any satellite technology, voice	1090
tracking system, or retinal scanning system that is so approved.	1091

(WW) "Continuous alcohol monitoring" means the ability to	1092
automatically test and periodically transmit alcohol consumption	1093
levels and tamper attempts at least every hour, regardless of the	1094
location of the person who is being monitored.	1095

Sec. 2929.13.  (A) Except as provided in division (E), (F),	1096
or (G) of this section and unless a specific sanction is required	1097
to be imposed or is precluded from being imposed pursuant to law,	1098
a court that imposes a sentence upon an offender for a felony may	1099
impose any sanction or combination of sanctions on the offender	1100
that are provided in sections 2929.14 to 2929.18 of the Revised	1101
Code. The sentence shall not impose an unnecessary burden on state	1102
or local government resources.	1103

If the offender is eligible to be sentenced to community	1104
control sanctions, the court shall consider the appropriateness of	1105
imposing a financial sanction pursuant to section 2929.18 of the	1106
Revised Code or a sanction of community service pursuant to	1107
section 2929.17 of the Revised Code as the sole sanction for the	1108
offense. Except as otherwise provided in this division, if the	1109
court is required to impose a mandatory prison term for the	1110
offense for which sentence is being imposed, the court also may	1111
impose a financial sanction pursuant to section 2929.18 of the	1112
Revised Code but may not impose any additional sanction or	1113
combination of sanctions under section 2929.16 or 2929.17 of the	1114
Revised Code.	1115

If the offender is being sentenced for a fourth degree felony	1116
OVI offense or for a third degree felony OVI offense, in addition	1117
to the mandatory term of local incarceration or the mandatory	1118
prison term required for the offense by division (G)(1) or (2) of	1119
this section, the court shall impose upon the offender a mandatory	1120
fine in accordance with division (B)(3) of section 2929.18 of the	1121
Revised Code and may impose whichever of the following is	1122
applicable:	1123

(1) For a fourth degree felony OVI offense for which sentence	1124
is imposed under division (G)(1) of this section, an additional	1125
community control sanction or combination of community control	1126
sanctions under section 2929.16 or 2929.17 of the Revised Code;.	1127
If the court imposes upon the offender a community control	1128
sanction and the offender violates any condition of the community	1129
control sanction, the court may take any action prescribed in	1130
division (B) of section 2929.15 of the Revised Code relative to	1131
the offender, including imposing a prison term on the offender	1132
pursuant to that division.	1133

(2) For a third or fourth degree felony OVI offense for which	1134
sentence is imposed under division (G)(2) of this section, an	1135
additional prison term as described in division (D)(4) of section	1136
2929.14 of the Revised Code or a community control sanction as	1137
described in division (G)(2) of this section.	1138

(B)(1) Except as provided in division (B)(2), (E), (F), or	1139
(G) of this section, in sentencing an offender for a felony of the	1140
fourth or fifth degree, the sentencing court shall determine	1141
whether any of the following apply:	1142

(a) In committing the offense, the offender caused physical	1143
harm to a person.	1144

(b) In committing the offense, the offender attempted to	1145
cause or made an actual threat of physical harm to a person with a	1146
deadly weapon.	1147

(c) In committing the offense, the offender attempted to	1148
cause or made an actual threat of physical harm to a person, and	1149
the offender previously was convicted of an offense that caused	1150
physical harm to a person.	1151

(d) The offender held a public office or position of trust	1152
and the offense related to that office or position; the offender's	1153
position obliged the offender to prevent the offense or to bring	1154
those committing it to justice; or the offender's professional	1155
reputation or position facilitated the offense or was likely to	1156
influence the future conduct of others.	1157

(e) The offender committed the offense for hire or as part of	1158
an organized criminal activity.	1159

(f) The offense is a sex offense that is a fourth or fifth	1160
degree felony violation of section 2907.03, 2907.04, 2907.05,	1161
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	1162
Revised Code.	1163

(g) The offender at the time of the offense was serving, or	1164
the offender previously had served, a prison term.	1165

(h) The offender committed the offense while under a	1166
community control sanction, while on probation, or while released	1167
from custody on a bond or personal recognizance.	1168

(i) The offender committed the offense while in possession of	1169
a firearm.	1170

(2)(a) If the court makes a finding described in division	1171
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	1172
section and if the court, after considering the factors set forth	1173
in section 2929.12 of the Revised Code, finds that a prison term	1174
is consistent with the purposes and principles of sentencing set	1175
forth in section 2929.11 of the Revised Code and finds that the	1176
offender is not amenable to an available community control	1177
sanction, the court shall impose a prison term upon the offender.	1178

(b) Except as provided in division (E), (F), or (G) of this	1179
section, if the court does not make a finding described in	1180
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	1181
this section and if the court, after considering the factors set	1182
forth in section 2929.12 of the Revised Code, finds that a	1183
community control sanction or combination of community control	1184
sanctions is consistent with the purposes and principles of	1185
sentencing set forth in section 2929.11 of the Revised Code, the	1186
court shall impose a community control sanction or combination of	1187
community control sanctions upon the offender.	1188

(C) Except as provided in division (E), (F), or (G) of this	1189
section, in determining whether to impose a prison term as a	1190
sanction for a felony of the third degree or a felony drug offense	1191
that is a violation of a provision of Chapter 2925. of the Revised	1192
Code and that is specified as being subject to this division for	1193
purposes of sentencing, the sentencing court shall comply with the	1194
purposes and principles of sentencing under section 2929.11 of the	1195
Revised Code and with section 2929.12 of the Revised Code.	1196

(D) Except as provided in division (E) or (F) of this	1197
section, for a felony of the first or second degree and for a	1198
felony drug offense that is a violation of any provision of	1199
Chapter 2925., 3719., or 4729. of the Revised Code for which a	1200
presumption in favor of a prison term is specified as being	1201
applicable, it is presumed that a prison term is necessary in	1202
order to comply with the purposes and principles of sentencing	1203
under section 2929.11 of the Revised Code. Notwithstanding the	1204
presumption established under this division, the sentencing court	1205
may impose a community control sanction or a combination of	1206
community control sanctions instead of a prison term on an	1207
offender for a felony of the first or second degree or for a	1208
felony drug offense that is a violation of any provision of	1209
Chapter 2925., 3719., or 4729. of the Revised Code for which a	1210
presumption in favor of a prison term is specified as being	1211
applicable if it makes both of the following findings:	1212

(1) A community control sanction or a combination of	1213
community control sanctions would adequately punish the offender	1214
and protect the public from future crime, because the applicable	1215
factors under section 2929.12 of the Revised Code indicating a	1216
lesser likelihood of recidivism outweigh the applicable factors	1217
under that section indicating a greater likelihood of recidivism.	1218

(2) A community control sanction or a combination of	1219
community control sanctions would not demean the seriousness of	1220
the offense, because one or more factors under section 2929.12 of	1221
the Revised Code that indicate that the offender's conduct was	1222
less serious than conduct normally constituting the offense are	1223
applicable, and they outweigh the applicable factors under that	1224
section that indicate that the offender's conduct was more serious	1225
than conduct normally constituting the offense.	1226

(E)(1) Except as provided in division (F) of this section,	1227
for any drug offense that is a violation of any provision of	1228
Chapter 2925. of the Revised Code and that is a felony of the	1229
third, fourth, or fifth degree, the applicability of a presumption	1230
under division (D) of this section in favor of a prison term or of	1231
division (B) or (C) of this section in determining whether to	1232
impose a prison term for the offense shall be determined as	1233
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	1234
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	1235
Revised Code, whichever is applicable regarding the violation.	1236

(2) If an offender who was convicted of or pleaded guilty to	1237
a felony violates the conditions of a community control sanction	1238
imposed for the offense solely by reason of producing positive	1239
results on a drug test, the court, as punishment for the violation	1240
of the sanction, shall not order that the offender be imprisoned	1241
unless the court determines on the record either of the following:	1242

(a) The offender had been ordered as a sanction for the	1243
felony to participate in a drug treatment program, in a drug	1244
education program, or in narcotics anonymous or a similar program,	1245
and the offender continued to use illegal drugs after a reasonable	1246
period of participation in the program.	1247

(b) The imprisonment of the offender for the violation is	1248
consistent with the purposes and principles of sentencing set	1249
forth in section 2929.11 of the Revised Code.	1250

(F) Notwithstanding divisions (A) to (E) of this section, the	1251
court shall impose a prison term or terms under sections 2929.02	1252
to 2929.06, section 2929.14, or section 2971.03 of the Revised	1253
Code and except as specifically provided in section 2929.20 or	1254
2967.191 of the Revised Code or when parole is authorized for the	1255
offense under section 2967.13 of the Revised Code shall not reduce	1256
the terms pursuant to section 2929.20, section 2967.193, or any	1257
other provision of Chapter 2967. or Chapter 5120. of the Revised	1258
Code for any of the following offenses:	1259

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

1260

(2) Any rape, regardless of whether force was involved and	1261
regardless of the age of the victim, or an attempt to commit rape	1262
if, had the offender completed the rape that was attempted, the	1263
offender would have been subject to a sentence of life	1264
imprisonment or life imprisonment without parole for the rape;	1265

(3) Gross sexual imposition or sexual battery, if the victim	1266
is under thirteen years of age, if the offender previously was	1267
convicted of or pleaded guilty to rape, the former offense of	1268
felonious sexual penetration, gross sexual imposition, or sexual	1269
battery, and if the victim of the previous offense was under	1270
thirteen years of age;	1271

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	1272
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	1273
requires the imposition of a prison term;	1274

(5) A first, second, or third degree felony drug offense for	1275
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	1276
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	1277
4729.99 of the Revised Code, whichever is applicable regarding the	1278
violation, requires the imposition of a mandatory prison term;	1279

(6) Any offense that is a first or second degree felony and	1280
that is not set forth in division (F)(1), (2), (3), or (4) of this	1281
section, if the offender previously was convicted of or pleaded	1282
guilty to aggravated murder, murder, any first or second degree	1283
felony, or an offense under an existing or former law of this	1284
state, another state, or the United States that is or was	1285
substantially equivalent to one of those offenses;	1286

(7) Any offense that is a third degree felony and that is	1287
listed in division (DD)(1) of section 2929.01 of the Revised Code	1288
if the offender previously was convicted of or pleaded guilty to	1289
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	1290
section 2929.01 of the Revised Code;	1291

(8) Any offense, other than a violation of section 2923.12 of	1292
the Revised Code, that is a felony, if the offender had a firearm	1293
on or about the offender's person or under the offender's control	1294
while committing the felony, with respect to a portion of the	1295
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	1296
of the Revised Code for having the firearm;	1297

(9) Any offense of violence that is a felony, if the offender	1298
wore or carried body armor while committing the felony offense of	1299
violence, with respect to the portion of the sentence imposed	1300
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	1301
Code for wearing or carrying the body armor;	1302

(10) Corrupt activity in violation of section 2923.32 of the	1303
Revised Code when the most serious offense in the pattern of	1304
corrupt activity that is the basis of the offense is a felony of	1305
the first degree;	1306

(11) Any sexually violent offense for which the offender also	1307
is convicted of or pleads guilty to a sexually violent predator	1308
specification that was included in the indictment, count in the	1309
indictment, or information charging the sexually violent offense;	1310

(12) A violation of division (A)(1) or (2) of section 2921.36	1311
of the Revised Code, or a violation of division (C) of that	1312
section involving an item listed in division (A)(1) or (2) of that	1313
section, if the offender is an officer or employee of the	1314
department of rehabilitation and correction.	1315

(G) Notwithstanding divisions (A) to (E) of this section, if	1316
an offender is being sentenced for a fourth degree felony OVI	1317
offense or for a third degree felony OVI offense, the court shall	1318
impose upon the offender a mandatory term of local incarceration	1319
or a mandatory prison term in accordance with the following:	1320

(1) If the offender is being sentenced for a fourth degree	1321
felony OVI offense and if the offender has not been convicted of	1322
and has not pleaded guilty to a specification of the type	1323
described in section 2941.1413 of the Revised Code, the court may	1324
impose upon the offender a mandatory term of local incarceration	1325
of sixty days or one hundred twenty days as specified in division	1326
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	1327
not reduce the term pursuant to section 2929.20, 2967.193, or any	1328
other provision of the Revised Code. The court that imposes a	1329
mandatory term of local incarceration under this division shall	1330
specify whether the term is to be served in a jail, a	1331
community-based correctional facility, a halfway house, or an	1332
alternative residential facility, and the offender shall serve the	1333
term in the type of facility specified by the court. A mandatory	1334
term of local incarceration imposed under division (G)(1) of this	1335
section is not subject to extension under section 2967.11 of the	1336
Revised Code, to a period of post-release control under section	1337
2967.28 of the Revised Code, or to any other Revised Code	1338
provision that pertains to a prison term except as provided in	1339
division (A)(1) of this section.	1340

(2) If the offender is being sentenced for a third degree	1341
felony OVI offense, or if the offender is being sentenced for a	1342
fourth degree felony OVI offense and the court does not impose a	1343
mandatory term of local incarceration under division (G)(1) of	1344
this section, the court shall impose upon the offender a mandatory	1345
prison term of one, two, three, four, or five years if the	1346
offender also is convicted of or also pleads guilty to a	1347
specification of the type described in section 2941.1413 of the	1348
Revised Code or shall impose upon the offender a mandatory prison	1349
term of sixty days or one hundred twenty days as specified in	1350
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	1351
if the offender has not been convicted of and has not pleaded	1352
guilty to a specification of that type. The court shall not reduce	1353
the term pursuant to section 2929.20, 2967.193, or any other	1354
provision of the Revised Code. The offender shall serve the one-,	1355
two-, three-, four-, or five-year mandatory prison term	1356
consecutively to and prior to the prison term imposed for the	1357
underlying offense and consecutively to any other mandatory prison	1358
term imposed in relation to the offense. In no case shall an	1359
offender who once has been sentenced to a mandatory term of local	1360
incarceration pursuant to division (G)(1) of this section for a	1361
fourth degree felony OVI offense be sentenced to another mandatory	1362
term of local incarceration under that division for any violation	1363
of division (A) of section 4511.19 of the Revised Code. TheIn	1364
addition to the mandatory prison term described in division (G)(2)	1365
of this section, the court shall notmay sentence the offender to	1366
a community control sanction under section 2929.16 or 2929.17 of	1367
the Revised Code, but the offender shall serve the prison term	1368
prior to serving the community control sanction. The department of	1369
rehabilitation and correction may place an offender sentenced to a	1370
mandatory prison term under this division in an intensive program	1371
prison established pursuant to section 5120.033 of the Revised	1372
Code if the department gave the sentencing judge prior notice of	1373
its intent to place the offender in an intensive program prison	1374
established under that section and if the judge did not notify the	1375
department that the judge disapproved the placement. Upon the	1376
establishment of the initial intensive program prison pursuant to	1377
section 5120.033 of the Revised Code that is privately operated	1378
and managed by a contractor pursuant to a contract entered into	1379
under section 9.06 of the Revised Code, both of the following	1380
apply:	1381

(a) The department of rehabilitation and correction shall	1382
make a reasonable effort to ensure that a sufficient number of	1383
offenders sentenced to a mandatory prison term under this division	1384
are placed in the privately operated and managed prison so that	1385
the privately operated and managed prison has full occupancy.	1386

(b) Unless the privately operated and managed prison has full	1387
occupancy, the department of rehabilitation and correction shall	1388
not place any offender sentenced to a mandatory prison term under	1389
this division in any intensive program prison established pursuant	1390
to section 5120.033 of the Revised Code other than the privately	1391
operated and managed prison.	1392

(H) If an offender is being sentenced for a sexually oriented	1393
offense committed on or after January 1, 1997, the judge shall	1394
require the offender to submit to a DNA specimen collection	1395
procedure pursuant to section 2901.07 of the Revised Code if	1396
either of the following applies:	1397

(1) The offense was a sexually violent offense, and the	1398
offender also was convicted of or pleaded guilty to a sexually	1399
violent predator specification that was included in the	1400
indictment, count in the indictment, or information charging the	1401
sexually violent offense.	1402

(2) The judge imposing sentence for the sexually oriented	1403
offense determines pursuant to division (B) of section 2950.09 of	1404
the Revised Code that the offender is a sexual predator.	1405

(I) If an offender is being sentenced for a sexually oriented	1406
offense that is not a registration-exempt sexually oriented	1407
offense or for a child-victim oriented offense committed on or	1408
after January 1, 1997, the judge shall include in the sentence a	1409
summary of the offender's duties imposed under sections 2950.04,	1410
2950.041, 2950.05, and 2950.06 of the Revised Code and the	1411
duration of the duties. The judge shall inform the offender, at	1412
the time of sentencing, of those duties and of their duration and,	1413
if required under division (A)(2) of section 2950.03 of the	1414
Revised Code, shall perform the duties specified in that section.	1415

(J)(1) Except as provided in division (J)(2) of this section,	1416
when considering sentencing factors under this section in relation	1417
to an offender who is convicted of or pleads guilty to an attempt	1418
to commit an offense in violation of section 2923.02 of the	1419
Revised Code, the sentencing court shall consider the factors	1420
applicable to the felony category of the violation of section	1421
2923.02 of the Revised Code instead of the factors applicable to	1422
the felony category of the offense attempted.	1423

(2) When considering sentencing factors under this section in	1424
relation to an offender who is convicted of or pleads guilty to an	1425
attempt to commit a drug abuse offense for which the penalty is	1426
determined by the amount or number of unit doses of the controlled	1427
substance involved in the drug abuse offense, the sentencing court	1428
shall consider the factors applicable to the felony category that	1429
the drug abuse offense attempted would be if that drug abuse	1430
offense had been committed and had involved an amount or number of	1431
unit doses of the controlled substance that is within the next	1432
lower range of controlled substance amounts than was involved in	1433
the attempt.	1434

(K) As used in this section, "drug abuse offense" has the	1435
same meaning as in section 2925.01 of the Revised Code.	1436

Sec. 2929.14.  (A) Except as provided in division (C),	1437
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this section and except	1438
in relation to an offense for which a sentence of death or life	1439
imprisonment is to be imposed, if the court imposing a sentence	1440
upon an offender for a felony elects or is required to impose a	1441
prison term on the offender pursuant to this chapter and is not	1442
prohibited by division (G)(1) of section 2929.13 of the Revised	1443
Code from imposing a prison term on the offender, the court shall	1444
impose a definite prison term that shall be one of the following:	1445

(1) For a felony of the first degree, the prison term shall	1446
be three, four, five, six, seven, eight, nine, or ten years.	1447

(2) For a felony of the second degree, the prison term shall	1448
be two, three, four, five, six, seven, or eight years.	1449

(3) For a felony of the third degree, the prison term shall	1450
be one, two, three, four, or five years.	1451

(4) For a felony of the fourth degree, the prison term shall	1452
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	1453
fourteen, fifteen, sixteen, seventeen, or eighteen months.	1454

(5) For a felony of the fifth degree, the prison term shall	1455
be six, seven, eight, nine, ten, eleven, or twelve months.	1456

(B) Except as provided in division (C), (D)(1), (D)(2),	1457
(D)(3), or (G) of this section, in section 2907.02 of the Revised	1458
Code, or in Chapter 2925. of the Revised Code, if the court	1459
imposing a sentence upon an offender for a felony elects or is	1460
required to impose a prison term on the offender, the court shall	1461
impose the shortest prison term authorized for the offense	1462
pursuant to division (A) of this section, unless one or more of	1463
the following applies:	1464

(1) The offender was serving a prison term at the time of the	1465
offense, or the offender previously had served a prison term.	1466

(2) The court finds on the record that the shortest prison	1467
term will demean the seriousness of the offender's conduct or will	1468
not adequately protect the public from future crime by the	1469
offender or others.	1470

(C) Except as provided in division (G) of this section or in	1471
Chapter 2925. of the Revised Code, the court imposing a sentence	1472
upon an offender for a felony may impose the longest prison term	1473
authorized for the offense pursuant to division (A) of this	1474
section only upon offenders who committed the worst forms of the	1475
offense, upon offenders who pose the greatest likelihood of	1476
committing future crimes, upon certain major drug offenders under	1477
division (D)(3) of this section, and upon certain repeat violent	1478
offenders in accordance with division (D)(2) of this section.	1479

(D)(1)(a) Except as provided in division (D)(1)(e) of this	1480
section, if an offender who is convicted of or pleads guilty to a	1481
felony also is convicted of or pleads guilty to a specification of	1482
the type described in section 2941.141, 2941.144, or 2941.145 of	1483
the Revised Code, the court shall impose on the offender one of	1484
the following prison terms:	1485

(i) A prison term of six years if the specification is of the	1486
type described in section 2941.144 of the Revised Code that	1487
charges the offender with having a firearm that is an automatic	1488
firearm or that was equipped with a firearm muffler or silencer on	1489
or about the offender's person or under the offender's control	1490
while committing the felony;	1491

(ii) A prison term of three years if the specification is of	1492
the type described in section 2941.145 of the Revised Code that	1493
charges the offender with having a firearm on or about the	1494
offender's person or under the offender's control while committing	1495
the offense and displaying the firearm, brandishing the firearm,	1496
indicating that the offender possessed the firearm, or using it to	1497
facilitate the offense;	1498

(iii) A prison term of one year if the specification is of	1499
the type described in section 2941.141 of the Revised Code that	1500
charges the offender with having a firearm on or about the	1501
offender's person or under the offender's control while committing	1502
the felony.	1503

(b) If a court imposes a prison term on an offender under	1504
division (D)(1)(a) of this section, the prison term shall not be	1505
reduced pursuant to section 2929.20, section 2967.193, or any	1506
other provision of Chapter 2967. or Chapter 5120. of the Revised	1507
Code. A court shall not impose more than one prison term on an	1508
offender under division (D)(1)(a) of this section for felonies	1509
committed as part of the same act or transaction.	1510

(c) Except as provided in division (D)(1)(e) of this section,	1511
if an offender who is convicted of or pleads guilty to a violation	1512
of section 2923.161 of the Revised Code or to a felony that	1513
includes, as an essential element, purposely or knowingly causing	1514
or attempting to cause the death of or physical harm to another,	1515
also is convicted of or pleads guilty to a specification of the	1516
type described in section 2941.146 of the Revised Code that	1517
charges the offender with committing the offense by discharging a	1518
firearm from a motor vehicle other than a manufactured home, the	1519
court, after imposing a prison term on the offender for the	1520
violation of section 2923.161 of the Revised Code or for the other	1521
felony offense under division (A), (D)(2), or (D)(3) of this	1522
section, shall impose an additional prison term of five years upon	1523
the offender that shall not be reduced pursuant to section	1524
2929.20, section 2967.193, or any other provision of Chapter 2967.	1525
or Chapter 5120. of the Revised Code. A court shall not impose	1526
more than one additional prison term on an offender under division	1527
(D)(1)(c) of this section for felonies committed as part of the	1528
same act or transaction. If a court imposes an additional prison	1529
term on an offender under division (D)(1)(c) of this section	1530
relative to an offense, the court also shall impose a prison term	1531
under division (D)(1)(a) of this section relative to the same	1532
offense, provided the criteria specified in that division for	1533
imposing an additional prison term are satisfied relative to the	1534
offender and the offense.	1535

(d) If an offender who is convicted of or pleads guilty to an	1536
offense of violence that is a felony also is convicted of or	1537
pleads guilty to a specification of the type described in section	1538
2941.1411 of the Revised Code that charges the offender with	1539
wearing or carrying body armor while committing the felony offense	1540
of violence, the court shall impose on the offender a prison term	1541
of two years. The prison term so imposed shall not be reduced	1542
pursuant to section 2929.20, section 2967.193, or any other	1543
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	1544
court shall not impose more than one prison term on an offender	1545
under division (D)(1)(d) of this section for felonies committed as	1546
part of the same act or transaction. If a court imposes an	1547
additional prison term under division (D)(1)(a) or (c) of this	1548
section, the court is not precluded from imposing an additional	1549
prison term under division (D)(1)(d) of this section.	1550

(e) The court shall not impose any of the prison terms	1551
described in division (D)(1)(a) of this section or any of the	1552
additional prison terms described in division (D)(1)(c) of this	1553
section upon an offender for a violation of section 2923.12 or	1554
2923.123 of the Revised Code. The court shall not impose any of	1555
the prison terms described in division (D)(1)(a) of this section	1556
or any of the additional prison terms described in division	1557
(D)(1)(c) of this section upon an offender for a violation of	1558
section 2923.13 of the Revised Code unless all of the following	1559
apply:	1560

(i) The offender previously has been convicted of aggravated	1561
murder, murder, or any felony of the first or second degree.	1562

(ii) Less than five years have passed since the offender was	1563
released from prison or post-release control, whichever is later,	1564
for the prior offense.	1565

(f) If an offender is convicted of or pleads guilty to a	1566
felony that includes, as an essential element, causing or	1567
attempting to cause the death of or physical harm to another and	1568
also is convicted of or pleads guilty to a specification of the	1569
type described in section 2941.1412 of the Revised Code that	1570
charges the offender with committing the offense by discharging a	1571
firearm at a peace officer as defined in section 2935.01 of the	1572
Revised Code or a corrections officer as defined in section	1573
2941.1412 of the Revised Code, the court, after imposing a prison	1574
term on the offender for the felony offense under division (A),	1575
(D)(2), or (D)(3) of this section, shall impose an additional	1576
prison term of seven years upon the offender that shall not be	1577
reduced pursuant to section 2929.20, section 2967.193, or any	1578
other provision of Chapter 2967. or Chapter 5120. of the Revised	1579
Code. A court shall not impose more than one additional prison	1580
term on an offender under division (D)(1)(f) of this section for	1581
felonies committed as part of the same act or transaction. If a	1582
court imposes an additional prison term on an offender under	1583
division (D)(1)(f) of this section relative to an offense, the	1584
court shall not impose a prison term under division (D)(1)(a) or	1585
(c) of this section relative to the same offense.	1586

(2)(a) If an offender who is convicted of or pleads guilty to	1587
a felony also is convicted of or pleads guilty to a specification	1588
of the type described in section 2941.149 of the Revised Code that	1589
the offender is a repeat violent offender, the court shall impose	1590
a prison term from the range of terms authorized for the offense	1591
under division (A) of this section that may be the longest term in	1592
the range and that shall not be reduced pursuant to section	1593
2929.20, section 2967.193, or any other provision of Chapter 2967.	1594
or Chapter 5120. of the Revised Code. If the court finds that the	1595
repeat violent offender, in committing the offense, caused any	1596
physical harm that carried a substantial risk of death to a person	1597
or that involved substantial permanent incapacity or substantial	1598
permanent disfigurement of a person, the court shall impose the	1599
longest prison term from the range of terms authorized for the	1600
offense under division (A) of this section.	1601

(b) If the court imposing a prison term on a repeat violent	1602
offender imposes the longest prison term from the range of terms	1603
authorized for the offense under division (A) of this section, the	1604
court may impose on the offender an additional definite prison	1605
term of one, two, three, four, five, six, seven, eight, nine, or	1606
ten years if the court finds that both of the following apply with	1607
respect to the prison terms imposed on the offender pursuant to	1608
division (D)(2)(a) of this section and, if applicable, divisions	1609
(D)(1) and (3) of this section:	1610

(i) The terms so imposed are inadequate to punish the	1611
offender and protect the public from future crime, because the	1612
applicable factors under section 2929.12 of the Revised Code	1613
indicating a greater likelihood of recidivism outweigh the	1614
applicable factors under that section indicating a lesser	1615
likelihood of recidivism.	1616

(ii) The terms so imposed are demeaning to the seriousness of	1617
the offense, because one or more of the factors under section	1618
2929.12 of the Revised Code indicating that the offender's conduct	1619
is more serious than conduct normally constituting the offense are	1620
present, and they outweigh the applicable factors under that	1621
section indicating that the offender's conduct is less serious	1622
than conduct normally constituting the offense.	1623

(3)(a) Except when an offender commits a violation of section	1624
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	1625
the violation is life imprisonment or commits a violation of	1626
section 2903.02 of the Revised Code, if the offender commits a	1627
violation of section 2925.03 or 2925.11 of the Revised Code and	1628
that section classifies the offender as a major drug offender and	1629
requires the imposition of a ten-year prison term on the offender,	1630
if the offender commits a felony violation of section 2925.02,	1631
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	1632
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	1633
division (C) of section 4729.51, or division (J) of section	1634
4729.54 of the Revised Code that includes the sale, offer to sell,	1635
or possession of a schedule I or II controlled substance, with the	1636
exception of marihuana, and the court imposing sentence upon the	1637
offender finds that the offender is guilty of a specification of	1638
the type described in section 2941.1410 of the Revised Code	1639
charging that the offender is a major drug offender, if the court	1640
imposing sentence upon an offender for a felony finds that the	1641
offender is guilty of corrupt activity with the most serious	1642
offense in the pattern of corrupt activity being a felony of the	1643
first degree, or if the offender is guilty of an attempted	1644
violation of section 2907.02 of the Revised Code and, had the	1645
offender completed the violation of section 2907.02 of the Revised	1646
Code that was attempted, the offender would have been subject to a	1647
sentence of life imprisonment or life imprisonment without parole	1648
for the violation of section 2907.02 of the Revised Code, the	1649
court shall impose upon the offender for the felony violation a	1650
ten-year prison term that cannot be reduced pursuant to section	1651
2929.20 or Chapter 2967. or 5120. of the Revised Code.	1652

(b) The court imposing a prison term on an offender under	1653
division (D)(3)(a) of this section may impose an additional prison	1654
term of one, two, three, four, five, six, seven, eight, nine, or	1655
ten years, if the court, with respect to the term imposed under	1656
division (D)(3)(a) of this section and, if applicable, divisions	1657
(D)(1) and (2) of this section, makes both of the findings set	1658
forth in divisions (D)(2)(b)(i) and (ii) of this section.	1659

(4) If the offender is being sentenced for a third or fourth	1660
degree felony OVI offense under division (G)(2) of section 2929.13	1661
of the Revised Code, the sentencing court shall impose upon the	1662
offender a mandatory prison term in accordance with that division.	1663
In addition to the mandatory prison term, if the offender is being	1664
sentenced for a fourth degree felony OVI offense, the court,	1665
notwithstanding division (A)(4) of this section, may sentence the	1666
offender to a definite prison term of not less than six months and	1667
not more than thirty months, and if the offender is being	1668
sentenced for a third degree felony OVI offense, the sentencing	1669
court may sentence the offender to an additional prison term of	1670
any duration specified in division (A)(3) of this section. In	1671
either case, the additional prison term imposed shall be reduced	1672
by the sixty or one hundred twenty days imposed upon the offender	1673
as the mandatory prison term. The total of the additional prison	1674
term imposed under division (D)(4) of this section plus the sixty	1675
or one hundred twenty days imposed as the mandatory prison term	1676
shall equal a definite term in the range of six months to thirty	1677
months for a fourth degree felony OVI offense and shall equal one	1678
of the authorized prison terms specified in division (A)(3) of	1679
this section for a third degree felony OVI offense. If the court	1680
imposes an additional prison term under division (D)(4) of this	1681
section, the offender shall serve the additional prison term after	1682
the offender has served the mandatory prison term required for the	1683
offense. TheIn addition to the mandatory prison term or mandatory	1684
and additional prison term imposed as described in division (D)(4)	1685
of this section, the court shall notalso may sentence the	1686
offender to a community control sanction under section 2929.16 or	1687
2929.17 of the Revised Code, but the offender shall serve all of	1688
the prison terms so imposed prior to serving the community control	1689
sanction.	1690

If the offender is being sentenced for a fourth degree felony	1691
OVI offense under division (G)(1) of section 2929.13 of the	1692
Revised Code and the court imposes a mandatory term of local	1693
incarceration, the court may impose a prison term as described in	1694
division (A)(1) of that section.	1695

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	1696
mandatory prison term is imposed upon an offender pursuant to	1697
division (D)(1)(a) of this section for having a firearm on or	1698
about the offender's person or under the offender's control while	1699
committing a felony, if a mandatory prison term is imposed upon an	1700
offender pursuant to division (D)(1)(c) of this section for	1701
committing a felony specified in that division by discharging a	1702
firearm from a motor vehicle, or if both types of mandatory prison	1703
terms are imposed, the offender shall serve any mandatory prison	1704
term imposed under either division consecutively to any other	1705
mandatory prison term imposed under either division or under	1706
division (D)(1)(d) of this section, consecutively to and prior to	1707
any prison term imposed for the underlying felony pursuant to	1708
division (A), (D)(2), or (D)(3) of this section or any other	1709
section of the Revised Code, and consecutively to any other prison	1710
term or mandatory prison term previously or subsequently imposed	1711
upon the offender.	1712

(b) If a mandatory prison term is imposed upon an offender	1713
pursuant to division (D)(1)(d) of this section for wearing or	1714
carrying body armor while committing an offense of violence that	1715
is a felony, the offender shall serve the mandatory term so	1716
imposed consecutively to any other mandatory prison term imposed	1717
under that division or under division (D)(1)(a) or (c) of this	1718
section, consecutively to and prior to any prison term imposed for	1719
the underlying felony under division (A), (D)(2), or (D)(3) of	1720
this section or any other section of the Revised Code, and	1721
consecutively to any other prison term or mandatory prison term	1722
previously or subsequently imposed upon the offender.	1723

(c) If a mandatory prison term is imposed upon an offender	1724
pursuant to division (D)(1)(f) of this section, the offender shall	1725
serve the mandatory prison term so imposed consecutively to and	1726
prior to any prison term imposed for the underlying felony under	1727
division (A), (D)(2), or (D)(3) of this section or any other	1728
section of the Revised Code, and consecutively to any other prison	1729
term or mandatory prison term previously or subsequently imposed	1730
upon the offender.	1731

(2) If an offender who is an inmate in a jail, prison, or	1732
other residential detention facility violates section 2917.02,	1733
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	1734
who is under detention at a detention facility commits a felony	1735
violation of section 2923.131 of the Revised Code, or if an	1736
offender who is an inmate in a jail, prison, or other residential	1737
detention facility or is under detention at a detention facility	1738
commits another felony while the offender is an escapee in	1739
violation of section 2921.34 of the Revised Code, any prison term	1740
imposed upon the offender for one of those violations shall be	1741
served by the offender consecutively to the prison term or term of	1742
imprisonment the offender was serving when the offender committed	1743
that offense and to any other prison term previously or	1744
subsequently imposed upon the offender.	1745

(3) If a prison term is imposed for a violation of division	1746
(B) of section 2911.01 of the Revised Code, a violation of	1747
division (A) of section 2913.02 of the Revised Code in which the	1748
stolen property is a firearm or dangerous ordnance, or a felony	1749
violation of division (B) of section 2921.331 of the Revised Code,	1750
the offender shall serve that prison term consecutively to any	1751
other prison term or mandatory prison term previously or	1752
subsequently imposed upon the offender.	1753

(4) If multiple prison terms are imposed on an offender for	1754
convictions of multiple offenses, the court may require the	1755
offender to serve the prison terms consecutively if the court	1756
finds that the consecutive service is necessary to protect the	1757
public from future crime or to punish the offender and that	1758
consecutive sentences are not disproportionate to the seriousness	1759
of the offender's conduct and to the danger the offender poses to	1760
the public, and if the court also finds any of the following:	1761

(a) The offender committed one or more of the multiple	1762
offenses while the offender was awaiting trial or sentencing, was	1763
under a sanction imposed pursuant to section 2929.16, 2929.17, or	1764
2929.18 of the Revised Code, or was under post-release control for	1765
a prior offense.	1766

(b) At least two of the multiple offenses were committed as	1767
part of one or more courses of conduct, and the harm caused by two	1768
or more of the multiple offenses so committed was so great or	1769
unusual that no single prison term for any of the offenses	1770
committed as part of any of the courses of conduct adequately	1771
reflects the seriousness of the offender's conduct.	1772

(c) The offender's history of criminal conduct demonstrates	1773
that consecutive sentences are necessary to protect the public	1774
from future crime by the offender.	1775

(5) When consecutive prison terms are imposed pursuant to	1776
division (E)(1), (2), (3), or (4) of this section, the term to be	1777
served is the aggregate of all of the terms so imposed.	1778

(F) If a court imposes a prison term of a type described in	1779
division (B) of section 2967.28 of the Revised Code, it shall	1780
include in the sentence a requirement that the offender be subject	1781
to a period of post-release control after the offender's release	1782
from imprisonment, in accordance with that division. If a court	1783
imposes a prison term of a type described in division (C) of that	1784
section, it shall include in the sentence a requirement that the	1785
offender be subject to a period of post-release control after the	1786
offender's release from imprisonment, in accordance with that	1787
division, if the parole board determines that a period of	1788
post-release control is necessary.	1789

(G) If a person is convicted of or pleads guilty to a	1790
sexually violent offense and also is convicted of or pleads guilty	1791
to a sexually violent predator specification that was included in	1792
the indictment, count in the indictment, or information charging	1793
that offense, the court shall impose sentence upon the offender in	1794
accordance with section 2971.03 of the Revised Code, and Chapter	1795
2971. of the Revised Code applies regarding the prison term or	1796
term of life imprisonment without parole imposed upon the offender	1797
and the service of that term of imprisonment.	1798

(H) If a person who has been convicted of or pleaded guilty	1799
to a felony is sentenced to a prison term or term of imprisonment	1800
under this section, sections 2929.02 to 2929.06 of the Revised	1801
Code, section 2971.03 of the Revised Code, or any other provision	1802
of law, section 5120.163 of the Revised Code applies regarding the	1803
person while the person is confined in a state correctional	1804
institution.	1805

(I) If an offender who is convicted of or pleads guilty to a	1806
felony that is an offense of violence also is convicted of or	1807
pleads guilty to a specification of the type described in section	1808
2941.142 of the Revised Code that charges the offender with having	1809
committed the felony while participating in a criminal gang, the	1810
court shall impose upon the offender an additional prison term of	1811
one, two, or three years.	1812

(J) If an offender who is convicted of or pleads guilty to	1813
aggravated murder, murder, or a felony of the first, second, or	1814
third degree that is an offense of violence also is convicted of	1815
or pleads guilty to a specification of the type described in	1816
section 2941.143 of the Revised Code that charges the offender	1817
with having committed the offense in a school safety zone or	1818
towards a person in a school safety zone, the court shall impose	1819
upon the offender an additional prison term of two years. The	1820
offender shall serve the additional two years consecutively to and	1821
prior to the prison term imposed for the underlying offense.	1822

(K) At the time of sentencing, the court may recommend the	1823
offender for placement in a program of shock incarceration under	1824
section 5120.031 of the Revised Code or for placement in an	1825
intensive program prison under section 5120.032 of the Revised	1826
Code, disapprove placement of the offender in a program of shock	1827
incarceration or an intensive program prison of that nature, or	1828
make no recommendation on placement of the offender. In no case	1829
shall the department of rehabilitation and correction place the	1830
offender in a program or prison of that nature unless the	1831
department determines as specified in section 5120.031 or 5120.032	1832
of the Revised Code, whichever is applicable, that the offender is	1833
eligible for the placement.	1834

If the court disapproves placement of the offender in a	1835
program or prison of that nature, the department of rehabilitation	1836
and correction shall not place the offender in any program of	1837
shock incarceration or intensive program prison.	1838

If the court recommends placement of the offender in a	1839
program of shock incarceration or in an intensive program prison,	1840
and if the offender is subsequently placed in the recommended	1841
program or prison, the department shall notify the court of the	1842
placement and shall include with the notice a brief description of	1843
the placement.	1844

If the court recommends placement of the offender in a	1845
program of shock incarceration or in an intensive program prison	1846
and the department does not subsequently place the offender in the	1847
recommended program or prison, the department shall send a notice	1848
to the court indicating why the offender was not placed in the	1849
recommended program or prison.	1850

If the court does not make a recommendation under this	1851
division with respect to an offender and if the department	1852
determines as specified in section 5120.031 or 5120.032 of the	1853
Revised Code, whichever is applicable, that the offender is	1854
eligible for placement in a program or prison of that nature, the	1855
department shall screen the offender and determine if there is an	1856
available program of shock incarceration or an intensive program	1857
prison for which the offender is suited. If there is an available	1858
program of shock incarceration or an intensive program prison for	1859
which the offender is suited, the department shall notify the	1860
court of the proposed placement of the offender as specified in	1861
section 5120.031 or 5120.032 of the Revised Code and shall include	1862
with the notice a brief description of the placement. The court	1863
shall have ten days from receipt of the notice to disapprove the	1864
placement.	1865

Sec. 2929.15.  (A)(1) If in sentencing an offender for a	1866
felony the court is not required to impose a prison term, a	1867
mandatory prison term, or a term of life imprisonment upon the	1868
offender, the court may directly impose a sentence that consists	1869
of one or more community control sanctions authorized pursuant to	1870
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the	1871
court is sentencing an offender for a fourth degree felony OVI	1872
offense under division (G)(1) of section 2929.13 of the Revised	1873
Code, in addition to the mandatory term of local incarceration	1874
imposed under that division and the mandatory fine required by	1875
division (B)(3) of section 2929.18 of the Revised Code, the court	1876
may impose upon the offender a community control sanction or	1877
combination of community control sanctions in accordance with	1878
sections 2929.16 and 2929.17 of the Revised Code. TheIf the court	1879
is sentencing an offender for a third or fourth degree felony OVI	1880
offense under division (G)(2) of section 2929.13 of the Revised	1881
Code, in addition to the mandatory prison term or mandatory prison	1882
term and additional prison term imposed under that division, the	1883
court also may impose upon the offender a community control	1884
sanction or combination of community control sanctions under	1885
section 2929.16 or 2929.17 of the Revised Code, but the offender	1886
shall serve all of the prison terms so imposed prior to serving	1887
the community control sanction.	1888

The duration of all community control sanctions imposed upon	1889
an offender under this division shall not exceed five years. If	1890
the offender absconds or otherwise leaves the jurisdiction of the	1891
court in which the offender resides without obtaining permission	1892
from the court or the offender's probation officer to leave the	1893
jurisdiction of the court, or if the offender is confined in any	1894
institution for the commission of any offense while under a	1895
community control sanction, the period of the community control	1896
sanction ceases to run until the offender is brought before the	1897
court for its further action. If the court sentences the offender	1898
to one or more nonresidential sanctions under section 2929.17 of	1899
the Revised Code, the court shall impose as a condition of the	1900
nonresidential sanctions that, during the period of the sanctions,	1901
the offender must abide by the law and must not leave the state	1902
without the permission of the court or the offender's probation	1903
officer. The court may impose any other conditions of release	1904
under a community control sanction that the court considers	1905
appropriate, including, but not limited to, requiring that the	1906
offender not ingest or be injected with a drug of abuse and submit	1907
to random drug testing as provided in division (D) of this section	1908
to determine whether the offender ingested or was injected with a	1909
drug of abuse and requiring that the results of the drug test	1910
indicate that the offender did not ingest or was not injected with	1911
a drug of abuse. If the court is sentencing an offender for a	1912
third or fourth degree felony OVI offense under division (G)(2) of	1913
section 2929.13 of the Revised Code, the court shall not impose	1914
upon the offender any community control sanction or combination of	1915
community control sanctions under section 2929.16 or 2929.17 of	1916
the Revised Code.	1917

(2)(a) If a court sentences an offender to any community	1918
control sanction or combination of community control sanctions	1919
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the	1920
Revised Code, the court shall place the offender under the general	1921
control and supervision of a department of probation in the county	1922
that serves the court for purposes of reporting to the court a	1923
violation of any condition of the sanctions, any condition of	1924
release under a community control sanction imposed by the court, a	1925
violation of law, or the departure of the offender from this state	1926
without the permission of the court or the offender's probation	1927
officer. Alternatively, if the offender resides in another county	1928
and a county department of probation has been established in that	1929
county or that county is served by a multicounty probation	1930
department established under section 2301.27 of the Revised Code,	1931
the court may request the court of common pleas of that county to	1932
receive the offender into the general control and supervision of	1933
that county or multicounty department of probation for purposes of	1934
reporting to the court a violation of any condition of the	1935
sanctions, any condition of release under a community control	1936
sanction imposed by the court, a violation of law, or the	1937
departure of the offender from this state without the permission	1938
of the court or the offender's probation officer, subject to the	1939
jurisdiction of the trial judge over and with respect to the	1940
person of the offender, and to the rules governing that department	1941
of probation.	1942

If there is no department of probation in the county that	1943
serves the court, the court shall place the offender, regardless	1944
of the offender's county of residence, under the general control	1945
and supervision of the adult parole authority for purposes of	1946
reporting to the court a violation of any of the sanctions, any	1947
condition of release under a community control sanction imposed by	1948
the court, a violation of law, or the departure of the offender	1949
from this state without the permission of the court or the	1950
offender's probation officer.	1951

(b) If the court imposing sentence upon an offender sentences	1952
the offender to any community control sanction or combination of	1953
community control sanctions authorized pursuant to section	1954
2929.16, 2929.17, or 2929.18 of the Revised Code, and if the	1955
offender violates any condition of the sanctions, any condition of	1956
release under a community control sanction imposed by the court,	1957
violates any law, or departs the state without the permission of	1958
the court or the offender's probation officer, the public or	1959
private person or entity that operates or administers the sanction	1960
or the program or activity that comprises the sanction shall	1961
report the violation or departure directly to the sentencing	1962
court, or shall report the violation or departure to the county or	1963
multicounty department of probation with general control and	1964
supervision over the offender under division (A)(2)(a) of this	1965
section or the officer of that department who supervises the	1966
offender, or, if there is no such department with general control	1967
and supervision over the offender under that division, to the	1968
adult parole authority. If the public or private person or entity	1969
that operates or administers the sanction or the program or	1970
activity that comprises the sanction reports the violation or	1971
departure to the county or multicounty department of probation or	1972
the adult parole authority, the department's or authority's	1973
officers may treat the offender as if the offender were on	1974
probation and in violation of the probation, and shall report the	1975
violation of the condition of the sanction, any condition of	1976
release under a community control sanction imposed by the court,	1977
the violation of law, or the departure from the state without the	1978
required permission to the sentencing court.	1979

(B) If the conditions of a community control sanction are	1980
violated or if the offender violates a law or leaves the state	1981
without the permission of the court or the offender's probation	1982
officer, the sentencing court may impose a longer time under the	1983
same sanction if the total time under the sanctions does not	1984
exceed the five-year limit specified in division (A) of this	1985
section, may impose a more restrictive sanction under section	1986
2929.16, 2929.17, or 2929.18 of the Revised Code, or may impose a	1987
prison term on the offender pursuant to section 2929.14 of the	1988
Revised Code. The prison term, if any, imposed upon a violator	1989
pursuant to this division shall be within the range of prison	1990
terms available for the offense for which the sanction that was	1991
violated was imposed and shall not exceed the prison term	1992
specified in the notice provided to the offender at the sentencing	1993
hearing pursuant to division (B)(3) of section 2929.19 of the	1994
Revised Code. The court may reduce the longer period of time that	1995
the offender is required to spend under the longer sanction, the	1996
more restrictive sanction, or a prison term imposed pursuant to	1997
this division by the time the offender successfully spent under	1998
the sanction that was initially imposed.	1999

(C) If an offender, for a significant period of time,	2000
fulfills the conditions of a sanction imposed pursuant to section	2001
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary	2002
manner, the court may reduce the period of time under the sanction	2003
or impose a less restrictive sanction, but the court shall not	2004
permit the offender to violate any law or permit the offender to	2005
leave the state without the permission of the court or the	2006
offender's probation officer.	2007

(D)(1) If a court under division (A)(1) of this section	2008
imposes a condition of release under a community control sanction	2009
that requires the offender to submit to random drug testing, the	2010
department of probation or the adult parole authority that has	2011
general control and supervision of the offender under division	2012
(A)(2)(a) of this section may cause the offender to submit to	2013
random drug testing performed by a laboratory or entity that has	2014
entered into a contract with any of the governmental entities or	2015
officers authorized to enter into a contract with that laboratory	2016
or entity under section 341.26, 753.33, or 5120.63 of the Revised	2017
Code.	2018

(2) If no laboratory or entity described in division (D)(1)	2019
of this section has entered into a contract as specified in that	2020
division, the department of probation or the adult parole	2021
authority that has general control and supervision of the offender	2022
under division (A)(2)(a) of this section shall cause the offender	2023
to submit to random drug testing performed by a reputable public	2024
laboratory to determine whether the individual who is the subject	2025
of the drug test ingested or was injected with a drug of abuse.	2026

(3) A laboratory or entity that has entered into a contract	2027
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code	2028
shall perform the random drug tests under division (D)(1) of this	2029
section in accordance with the applicable standards that are	2030
included in the terms of that contract. A public laboratory shall	2031
perform the random drug tests under division (D)(2) of this	2032
section in accordance with the standards set forth in the policies	2033
and procedures established by the department of rehabilitation and	2034
correction pursuant to section 5120.63 of the Revised Code. An	2035
offender who is required under division (A)(1) of this section to	2036
submit to random drug testing as a condition of release under a	2037
community control sanction and whose test results indicate that	2038
the offender ingested or was injected with a drug of abuse shall	2039
pay the fee for the drug test if the department of probation or	2040
the adult parole authority that has general control and	2041
supervision of the offender requires payment of a fee. A	2042
laboratory or entity that performs the random drug testing on an	2043
offender under division (D)(1) or (2) of this section shall	2044
transmit the results of the drug test to the appropriate	2045
department of probation or the adult parole authority that has	2046
general control and supervision of the offender under division	2047
(A)(2)(a) of this section.	2048

Sec. 2929.16.  (A) TheExcept as provided in this division,	2049
the court imposing a sentence for a felony upon an offender who is	2050
not required to serve a mandatory prison term may impose any	2051
community residential sanction or combination of community	2052
residential sanctions under this section. The court imposing a	2053
sentence for a fourth degree felony OVI offense under division	2054
(G)(1) or (2) of section 2929.13 of the Revised Code or for a	2055
third degree felony OVI offense under division (G)(2) of that	2056
section may impose upon the offender, in addition to the mandatory	2057
term of local incarceration or mandatory prison term imposed under	2058
thatthe applicable division, a community residential sanction or	2059
combination of community residential sanctions under this section,	2060
and the offender shall serve or satisfy the sanction or	2061
combination of sanctions after the offender has served the	2062
mandatory term of local incarceration or mandatory prison term	2063
required for the offense. Community residential sanctions include,	2064
but are not limited to, the following:	2065

(1) A term of up to six months at a community-based	2066
correctional facility that serves the county;	2067

(2) Except as otherwise provided in division (A)(3) of this	2068
section and subject to division (D) of this section, a term of up	2069
to six months in a jail;	2070

(3) If the offender is convicted of a fourth degree felony	2071
OVI offense and is sentenced under division (G)(1) of section	2072
2929.13 of the Revised Code, subject to division (D) of this	2073
section, a term of up to one year in a jail less the mandatory	2074
term of local incarceration of sixty or one hundred twenty	2075
consecutive days of imprisonment imposed pursuant to that	2076
division;	2077

(4) A term in a halfway house;

2078

(5) A term in an alternative residential facility.

2079

(B) The court that assigns any offender convicted of a felony	2080
to a residential sanction under this section may authorize the	2081
offender to be released so that the offender may seek or maintain	2082
employment, receive education or training, or receive treatment. A	2083
release pursuant to this division shall be only for the duration	2084
of time that is needed to fulfill the purpose of the release and	2085
for travel that reasonably is necessary to fulfill the purposes of	2086
the release.	2087

(C) If the court assigns an offender to a county jail that is	2088
not a minimum security misdemeanant jail in a county that has	2089
established a county jail industry program pursuant to section	2090
5147.30 of the Revised Code, the court shall specify, as part of	2091
the sentence, whether the sheriff of that county may consider the	2092
offender for participation in the county jail industry program.	2093
During the offender's term in the county jail, the court shall	2094
retain jurisdiction to modify its specification upon a	2095
reassessment of the offender's qualifications for participation in	2096
the program.	2097

(D) If a court sentences an offender to a term in jail under	2098
division (A)(2) or (3) of this section and if the sentence is	2099
imposed for a felony of the fourth or fifth degree that is not an	2100
offense of violence, the court may specify that it prefers that	2101
the offender serve the term in a minimum security jail established	2102
under section 341.34 or 753.21 of the Revised Code. If the court	2103
includes a specification of that type in the sentence and if the	2104
administrator of the appropriate minimum security jail or the	2105
designee of that administrator classifies the offender in	2106
accordance with section 341.34 or 753.21 of the Revised Code as a	2107
minimal security risk, the offender shall serve the term in the	2108
minimum security jail established under section 341.34 or 753.21	2109
of the Revised Code. Absent a specification of that type and a	2110
finding of that type, the offender shall serve the term in a jail	2111
other than a minimum security jail established under section	2112
341.34 or 753.21 of the Revised Code.	2113

(E) If a person who has been convicted of or pleaded guilty	2114
to a felony is sentenced to a community residential sanction as	2115
described in division (A) of this section, at the time of	2116
reception and at other times the person in charge of the operation	2117
of the community-based correctional facility, jail, halfway house,	2118
alternative residential facility, or other place at which the	2119
offender will serve the residential sanction determines to be	2120
appropriate, the person in charge of the operation of the	2121
community-based correctional facility, jail, halfway house,	2122
alternative residential facility, or other place may cause the	2123
convicted offender to be examined and tested for tuberculosis, HIV	2124
infection, hepatitis, including but not limited to hepatitis A, B,	2125
and C, and other contagious diseases. The person in charge of the	2126
operation of the community-based correctional facility, jail,	2127
halfway house, alternative residential facility, or other place at	2128
which the offender will serve the residential sanction may cause a	2129
convicted offender in the community-based correctional facility,	2130
jail, halfway house, alternative residential facility, or other	2131
place who refuses to be tested or treated for tuberculosis, HIV	2132
infection, hepatitis, including but not limited to hepatitis A, B,	2133
and C, or another contagious disease to be tested and treated	2134
involuntarily.	2135

Sec. 2929.17. TheExcept as provided in this section, the	2136
court imposing a sentence for a felony upon an offender who is not	2137
required to serve a mandatory prison term may impose any	2138
nonresidential sanction or combination of nonresidential sanctions	2139
authorized under this section. If the court imposes one or more	2140
nonresidential sanctions authorized under this section, the court	2141
shall impose as a condition of the sanction that, during the	2142
period of the nonresidential sanction, the offender shall abide by	2143
the law and shall not leave the state without the permission of	2144
the court or the offender's probation officer.	2145

The court imposing a sentence for a fourth degree felony OVI	2146
offense under division (G)(1) or (2) of section 2929.13 of the	2147
Revised Code or for a third degree felony OVI offense under	2148
division (G)(2) of that section may impose upon the offender, in	2149
addition to the mandatory term of local incarceration or mandatory	2150
prison term imposed under thatthe applicable division, a	2151
nonresidential sanction or combination of nonresidential sanctions	2152
under this section, and the offender shall serve or satisfy the	2153
sanction or combination of sanctions after the offender has served	2154
the mandatory term of local incarceration or mandatory prison term	2155
required for the offense. Nonresidential sanctions include, but	2156
are not limited to, the following:	2157

(A) A term of day reporting;

2158

(B) A term of house arrest with electronic monitoring or	2159
continuous alcohol monitoring or both electronic monitoring and	2160
continuous alcohol monitoring, a term of electronic monitoring or	2161
continuous alcohol monitoring without house arrest, or a term of	2162
house arrest without electronic monitoring or continuous alcohol	2163
monitoring;	2164

(C) A term of community service of up to five hundred hours	2165
pursuant to division (B) of section 2951.02 of the Revised Code	2166
or, if the court determines that the offender is financially	2167
incapable of fulfilling a financial sanction described in section	2168
2929.18 of the Revised Code, a term of community service as an	2169
alternative to a financial sanction;	2170

(D) A term in a drug treatment program with a level of	2171
security for the offender as determined necessary by the court;	2172

(E) A term of intensive probation supervision;

2173

(F) A term of basic probation supervision;

2174

(G) A term of monitored time;

2175

(H) A term of drug and alcohol use monitoring, including	2176
random drug testing;	2177

(I) A curfew term;

2178

(J) A requirement that the offender obtain employment;

2179

(K) A requirement that the offender obtain education or	2180
training;	2181

(L) Provided the court obtains the prior approval of the	2182
victim, a requirement that the offender participate in	2183
victim-offender mediation;	2184

(M) A license violation report;

2185

(N) If the offense is a violation of section 2919.25 or a	2186
violation of section 2903.11, 2903.12, or 2903.13 of the Revised	2187
Code involving a person who was a family or household member at	2188
the time of the violation, if the offender committed the offense	2189
in the vicinity of one or more children who are not victims of the	2190
offense, and if the offender or the victim of the offense is a	2191
parent, guardian, custodian, or person in loco parentis of one or	2192
more of those children, a requirement that the offender obtain	2193
counseling. This division does not limit the court in requiring	2194
the offender to obtain counseling for any offense or in any	2195
circumstance not specified in this division.	2196

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	2197
hearing before imposing a sentence under this chapter upon an	2198
offender who was convicted of or pleaded guilty to a felony and	2199
before resentencing an offender who was convicted of or pleaded	2200
guilty to a felony and whose case was remanded pursuant to section	2201
2953.07 or 2953.08 of the Revised Code. At the hearing, the	2202
offender, the prosecuting attorney, the victim or the victim's	2203
representative in accordance with section 2930.14 of the Revised	2204
Code, and, with the approval of the court, any other person may	2205
present information relevant to the imposition of sentence in the	2206
case. The court shall inform the offender of the verdict of the	2207
jury or finding of the court and ask the offender whether the	2208
offender has anything to say as to why sentence should not be	2209
imposed upon the offender.	2210

(2) Except as otherwise provided in this division, before	2211
imposing sentence on an offender who is being sentenced for a	2212
sexually oriented offense that was committed on or after January	2213
1, 1997, that is not a registration-exempt sexually oriented	2214
offense, and that is not a sexually violent offense, and before	2215
imposing sentence on an offender who is being sentenced for a	2216
sexually violent offense committed on or after January 1, 1997,	2217
and who was not charged with a sexually violent predator	2218
specification in the indictment, count in the indictment, or	2219
information charging the sexually violent offense, and before	2220
imposing sentence on or after May 7, 2002, on an offender who is	2221
being sentenced for a sexually oriented offense that is not a	2222
registration-exempt sexually oriented offense and who was	2223
acquitted of a sexually violent predator specification included in	2224
the indictment, count in the indictment, or information charging	2225
the sexually oriented offense, the court shall conduct a hearing	2226
in accordance with division (B) of section 2950.09 of the Revised	2227
Code to determine whether the offender is a sexual predator. The	2228
court shall not conduct a hearing under that division if the	2229
offender is being sentenced for a sexually violent offense, if a	2230
sexually violent predator specification was included in the	2231
indictment, count in the indictment, or information charging the	2232
sexually violent offense, and if the offender was convicted of or	2233
pleaded guilty to that sexually violent predator specification.	2234
Before imposing sentence on an offender who is being sentenced for	2235
a sexually oriented offense that is not a registration-exempt	2236
sexually oriented offense, the court also shall comply with	2237
division (E) of section 2950.09 of the Revised Code.	2238

Before imposing sentence on or after the effective date of	2239
this amendmentJuly 31, 2003, on an offender who is being	2240
sentenced for a child-victim oriented offense, regardless of when	2241
the offense was committed, the court shall conduct a hearing in	2242
accordance with division (B) of section 2950.091 of the Revised	2243
Code to determine whether the offender is a child-victim predator.	2244
Before imposing sentence on an offender who is being sentenced for	2245
a child-victim oriented offense, the court also shall comply with	2246
division (E) of section 2950.091 of the Revised Code.	2247

(B)(1) At the sentencing hearing, the court, before imposing	2248
sentence, shall consider the record, any information presented at	2249
the hearing by any person pursuant to division (A) of this	2250
section, and, if one was prepared, the presentence investigation	2251
report made pursuant to section 2951.03 of the Revised Code or	2252
Criminal Rule 32.2, and any victim impact statement made pursuant	2253
to section 2947.051 of the Revised Code.	2254

(2) The court shall impose a sentence and shall make a	2255
finding that gives its reasons for selecting the sentence imposed	2256
in any of the following circumstances:	2257

(a) Unless the offense is a sexually violent offense for	2258
which the court is required to impose sentence pursuant to	2259
division (G) of section 2929.14 of the Revised Code, if it imposes	2260
a prison term for a felony of the fourth or fifth degree or for a	2261
felony drug offense that is a violation of a provision of Chapter	2262
2925. of the Revised Code and that is specified as being subject	2263
to division (B) of section 2929.13 of the Revised Code for	2264
purposes of sentencing, its reasons for imposing the prison term,	2265
based upon the overriding purposes and principles of felony	2266
sentencing set forth in section 2929.11 of the Revised Code, and	2267
any factors listed in divisions (B)(1)(a) to (i) of section	2268
2929.13 of the Revised Code that it found to apply relative to the	2269
offender.	2270

(b) If it does not impose a prison term for a felony of the	2271
first or second degree or for a felony drug offense that is a	2272
violation of a provision of Chapter 2925. of the Revised Code and	2273
for which a presumption in favor of a prison term is specified as	2274
being applicable, its reasons for not imposing the prison term and	2275
for overriding the presumption, based upon the overriding purposes	2276
and principles of felony sentencing set forth in section 2929.11	2277
of the Revised Code, and the basis of the findings it made under	2278
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	2279

(c) If it imposes consecutive sentences under section 2929.14	2280
of the Revised Code, its reasons for imposing the consecutive	2281
sentences;	2282

(d) If the sentence is for one offense and it imposes a	2283
prison term for the offense that is the maximum prison term	2284
allowed for that offense by division (A) of section 2929.14 of the	2285
Revised Code, its reasons for imposing the maximum prison term;	2286

(e) If the sentence is for two or more offenses arising out	2287
of a single incident and it imposes a prison term for those	2288
offenses that is the maximum prison term allowed for the offense	2289
of the highest degree by division (A) of section 2929.14 of the	2290
Revised Code, its reasons for imposing the maximum prison term.	2291

(3) Subject to division (B)(4) of this section, if the	2292
sentencing court determines at the sentencing hearing that a	2293
prison term is necessary or required, the court shall do all of	2294
the following:	2295

(a) Impose a stated prison term;

2296

(b) Notify the offender that, as part of the sentence, the	2297
parole board may extend the stated prison term for certain	2298
violations of prison rules for up to one-half of the stated prison	2299
term;	2300

(c) Notify the offender that the offender will be supervised	2301
under section 2967.28 of the Revised Code after the offender	2302
leaves prison if the offender is being sentenced for a felony of	2303
the first degree or second degree, for a felony sex offense, or	2304
for a felony of the third degree in the commission of which the	2305
offender caused or threatened to cause physical harm to a person;	2306

(d) Notify the offender that the offender may be supervised	2307
under section 2967.28 of the Revised Code after the offender	2308
leaves prison if the offender is being sentenced for a felony of	2309
the third, fourth, or fifth degree that is not subject to division	2310
(B)(3)(c) of this section;	2311

(e) Notify the offender that, if a period of supervision is	2312
imposed following the offender's release from prison, as described	2313
in division (B)(3)(c) or (d) of this section, and if the offender	2314
violates that supervision or a condition of post-release control	2315
imposed under division (B) of section 2967.131 of the Revised	2316
Code, the parole board may impose a prison term, as part of the	2317
sentence, of up to one-half of the stated prison term originally	2318
imposed upon the offender;	2319

(f) Require that the offender not ingest or be injected with	2320
a drug of abuse and submit to random drug testing as provided in	2321
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	2322
is applicable to the offender who is serving a prison term, and	2323
require that the results of the drug test administered under any	2324
of those sections indicate that the offender did not ingest or was	2325
not injected with a drug of abuse.	2326

(4) If the offender is being sentenced for a sexually violent	2327
offense that the offender committed on or after January 1, 1997,	2328
and the offender also is convicted of or pleads guilty to a	2329
sexually violent predator specification that was included in the	2330
indictment, count in the indictment, or information charging the	2331
sexually violent offense, if the offender is being sentenced for a	2332
sexually oriented offense that is not a registration-exempt	2333
sexually oriented offense and that the offender committed on or	2334
after January 1, 1997, and the court imposing the sentence has	2335
determined pursuant to division (B) of section 2950.09 of the	2336
Revised Code that the offender is a sexual predator, if the	2337
offender is being sentenced on or after the effective date of this	2338
amendmentJuly 31, 2003, for a child-victim oriented offense and	2339
the court imposing the sentence has determined pursuant to	2340
division (B) of section 2950.091 of the Revised Code that the	2341
offender is a child-victim predator, or if the offender is being	2342
sentenced for an aggravated sexually oriented offense as defined	2343
in section 2950.01 of the Revised Code, the court shall include in	2344
the offender's sentence a statement that the offender has been	2345
adjudicated a sexual predator, has been adjudicated a child victim	2346
predator, or has been convicted of or pleaded guilty to an	2347
aggravated sexually oriented offense, whichever is applicable, and	2348
shall comply with the requirements of section 2950.03 of the	2349
Revised Code. Additionally, in the circumstances described in	2350
division (G) of section 2929.14 of the Revised Code, the court	2351
shall impose sentence on the offender as described in that	2352
division.	2353

(5) If the sentencing court determines at the sentencing	2354
hearing that a community control sanction should be imposed and	2355
the court is not prohibited from imposing a community control	2356
sanction, the court shall impose a community control sanction. The	2357
court shall notify the offender that, if the conditions of the	2358
sanction are violated, if the offender commits a violation of any	2359
law, or if the offender leaves this state without the permission	2360
of the court or the offender's probation officer, the court may	2361
impose a longer time under the same sanction, may impose a more	2362
restrictive sanction, or may impose a prison term on the offender	2363
and shall indicate the specific prison term that may be imposed as	2364
a sanction for the violation, as selected by the court from the	2365
range of prison terms for the offense pursuant to section 2929.14	2366
of the Revised Code.	2367

(6) Before imposing a financial sanction under section	2368
2929.18 of the Revised Code or a fine under section 2929.32 of the	2369
Revised Code, the court shall consider the offender's present and	2370
future ability to pay the amount of the sanction or fine.	2371

(7) If the sentencing court sentences the offender to a	2372
sanction of confinement pursuant to section 2929.14 or 2929.16 of	2373
the Revised Code that is to be served in a local detention	2374
facility, as defined in section 2929.36 of the Revised Code, and	2375
if the local detention facility is covered by a policy adopted	2376
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	2377
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	2378
and section 2929.37 of the Revised Code, both of the following	2379
apply:	2380

(a) The court shall specify both of the following as part of	2381
the sentence:	2382

(i) If the offender is presented with an itemized bill	2383
pursuant to section 2929.37 of the Revised Code for payment of the	2384
costs of confinement, the offender is required to pay the bill in	2385
accordance with that section.	2386

(ii) If the offender does not dispute the bill described in	2387
division (B)(7)(a)(i) of this section and does not pay the bill by	2388
the times specified in section 2929.37 of the Revised Code, the	2389
clerk of the court may issue a certificate of judgment against the	2390
offender as described in that section.	2391

(b) The sentence automatically includes any certificate of	2392
judgment issued as described in division (B)(7)(a)(ii) of this	2393
section.	2394

(C)(1) If the offender is being sentenced for a fourth degree	2395
felony OVI offense under division (G)(1) of section 2929.13 of the	2396
Revised Code, the court shall impose the mandatory term of local	2397
incarceration in accordance with that division, shall impose a	2398
mandatory fine in accordance with division (B)(3) of section	2399
2929.18 of the Revised Code, and, in addition, may impose	2400
additional sanctions as specified in sections 2929.15, 2929.16,	2401
2929.17, and 2929.18 of the Revised Code. The court shall not	2402
impose a prison term on the offender except that the court may	2403
impose a prison term upon the offender as provided in division	2404
(A)(1) of section 2929.13 of the Revised Code.	2405

(2) If the offender is being sentenced for a third or fourth	2406
degree felony OVI offense under division (G)(2) of section 2929.13	2407
of the Revised Code, the court shall impose the mandatory prison	2408
term in accordance with that division, shall impose a mandatory	2409
fine in accordance with division (B)(3) of section 2929.18 of the	2410
Revised Code, and, in addition, may impose an additional prison	2411
term as specified in section 2929.14 of the Revised Code. TheIn	2412
addition to the mandatory prison term or mandatory prison term and	2413
additional prison term the court imposes, the court shall notalso	2414
may impose anya community control sanction on the offender, but	2415
the offender shall serve all of the prison terms so imposed prior	2416
to serving the community control sanction.	2417

(D) The sentencing court, pursuant to division (K) of section	2418
2929.14 of the Revised Code, may recommend placement of the	2419
offender in a program of shock incarceration under section	2420
5120.031 of the Revised Code or an intensive program prison under	2421
section 5120.032 of the Revised Code, disapprove placement of the	2422
offender in a program or prison of that nature, or make no	2423
recommendation. If the court recommends or disapproves placement,	2424
it shall make a finding that gives its reasons for its	2425
recommendation or disapproval.	2426

Sec. 2929.24.  (A) Except as provided in section 2929.22 or	2427
2929.23 of the Revised Code and unless another term is required or	2428
authorized pursuant to law, if the sentencing court imposing a	2429
sentence upon an offender for a misdemeanor elects or is required	2430
to impose a jail term on the offender pursuant to this chapter,	2431
the court shall impose a definite jail term that shall be one of	2432
the following:	2433

(1) For a misdemeanor of the first degree, not more than one	2434
hundred eighty days;	2435

(2) For a misdemeanor of the second degree, not more than	2436
ninety days;	2437

(3) For a misdemeanor of the third degree, not more than	2438
sixty days;	2439

(4) For a misdemeanor of the fourth degree, not more than	2440
thirty days.	2441

(B) A court that sentences an offender to a jail term under	2442
this section may permit the offender to serve the sentence in	2443
intermittent confinement or may authorize a limited release of the	2444
offender as provided in division (B) of section 2929.26 of the	2445
Revised Code.	2446

(C) If a court sentences an offender to a jail term under	2447
this section and the court assigns the offender to a county jail	2448
that has established a county jail industry program pursuant to	2449
section 5147.30 of the Revised Code, the court shall specify, as	2450
part of the sentence, whether the offender may be considered for	2451
participation in the program. During the offender's term in the	2452
county jail, the court retains jurisdiction to modify its	2453
specification regarding the offender's participation in the county	2454
jail industry program.	2455

(D) If a person is sentenced to a jail term pursuant to this	2456
section, the court may impose as part of the sentence pursuant to	2457
section 2929.28 of the Revised Code a reimbursement sanction, and,	2458
if the local detention facility in which the term is to be served	2459
is covered by a policy adopted pursuant to section 307.93, 341.14,	2460
341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or	2461
2947.19 of the Revised Code and section 2929.37 of the Revised	2462
Code, both of the following apply:	2463

(1) The court shall specify both of the following as part of	2464
the sentence:	2465

(a) If the person is presented with an itemized bill pursuant	2466
to section 2929.37 of the Revised Code for payment of the costs of	2467
confinement, the person is required to pay the bill in accordance	2468
with that section.	2469

(b) If the person does not dispute the bill described in	2470
division (D)(1)(a) of this section and does not pay the bill by	2471
the times specified in section 2929.37 of the Revised Code, the	2472
clerk of the court may issue a certificate of judgment against the	2473
person as described in that section.	2474

(2) The sentence automatically includes any certificate of	2475
judgment issued as described in division (D)(1)(b) of this	2476
section.	2477

(E) If an offender who is convicted of or pleads guilty to a	2478
violation of division (B) of section 4511.19 of the Revised Code	2479
also is convicted of or also pleads guilty to a specification of	2480
the type described in section 2941.1414 of the Revised Code and if	2481
the court imposes a jail term on the offender for the underlying	2482
offense, the court shall impose upon the offender an additional	2483
definite jail term of not more than six months. The additional	2484
jail term shall not be reduced pursuant to any provision of the	2485
Revised Code. The offender shall serve the additional jail term	2486
consecutively to and prior to the jail term imposed for the	2487
underlying offense and consecutively to any other mandatory term	2488
imposed in relation to the offense.	2489

Sec. 2929.27.  (A) Except when a mandatory jail term is	2490
required by law, the court imposing a sentence for a misdemeanor,	2491
other than a minor misdemeanor, may impose upon the offender any	2492
nonresidential sanction or combination of nonresidential sanctions	2493
authorized under this division. Nonresidential sanctions include,	2494
but are not limited to, the following:	2495

(1) A term of day reporting;

2496

(2) A term of house arrest with electronic monitoring or	2497
continuous alcohol monitoring or both electronic monitoring and	2498
continuous alcohol monitoring, a term of electronic monitoring or	2499
continuous alcohol monitoring without house arrest, or a term of	2500
house arrest without electronic monitoring or continuous alcohol	2501
monitoring;	2502

(3) A term of community service of up to five hundred hours	2503
for a misdemeanor of the first degree or two hundred hours for a	2504
misdemeanor of the second, third, or fourth degree;	2505

(4) A term in a drug treatment program with a level of	2506
security for the offender as determined necessary by the court;	2507

(5) A term of intensive probation supervision;

2508

(6) A term of basic probation supervision;

2509

(7) A term of monitored time;

2510

(8) A term of drug and alcohol use monitoring, including	2511
random drug testing;	2512

(9) A curfew term;

2513

(10) A requirement that the offender obtain employment;

2514

(11) A requirement that the offender obtain education or	2515
training;	2516

(12) Provided the court obtains the prior approval of the	2517
victim, a requirement that the offender participate in	2518
victim-offender mediation;	2519

(13) If authorized by law, suspension of the offender's	2520
privilege to operate a motor vehicle, immobilization or forfeiture	2521
of the offender's motor vehicle, a requirement that the offender	2522
obtain a valid motor vehicle operator's license, or any other	2523
related sanction;	2524

(14) A requirement that the offender obtain counseling if the	2525
offense is a violation of section 2919.25 or a violation of	2526
section 2903.13 of the Revised Code involving a person who was a	2527
family or household member at the time of the violation, if the	2528
offender committed the offense in the vicinity of one or more	2529
children who are not victims of the offense, and if the offender	2530
or the victim of the offense is a parent, guardian, custodian, or	2531
person in loco parentis of one or more of those children. This	2532
division does not limit the court in requiring that the offender	2533
obtain counseling for any offense or in any circumstance not	2534
specified in this division.	2535

(B) In addition to the sanctions authorized under division	2536
(A) of this section, the court imposing a sentence for a	2537
misdemeanor, other than a minor misdemeanor, upon an offender who	2538
is not required to serve a mandatory jail term may impose any	2539
other sanction that is intended to discourage the offender or	2540
other persons from committing a similar offense if the sanction is	2541
reasonably related to the overriding purposes and principles of	2542
misdemeanor sentencing.	2543

(C) The court imposing a sentence for a minor misdemeanor may	2544
impose a term of community service in lieu of all or part of a	2545
fine. The term of community service imposed for a minor	2546
misdemeanor shall not exceed thirty hours.	2547

Sec. 2941.1413. (A) Imposition of a mandatory additional	2548
prison term of one, two, three, four, or five years upon an	2549
offender under division (G)(2) of section 2929.13 of the Revised	2550
Code is precluded unless the indictment, count in the indictment,	2551
or information charging a felony violation of division (A) of	2552
section 4511.19 of the Revised Code specifies that the offender,	2553
within twenty years of the offense, previously has been convicted	2554
of or pleaded guilty to five or more equivalent offenses. The	2555
specification shall be stated at the end of the body of the	2556
indictment, count, or information and shall be stated in	2557
substantially the following form:	2558

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	2559
Grand Jurors (or insert the person's or the prosecuting attorney's	2560
name when appropriate) further find and specify that (set forth	2561
that the offender, within twenty years of committing the offense,	2562
previously had been convicted of or pleaded guilty to five or more	2563
equivalent offenses)."	2564

(B) As used in division (A) of this section, "equivalent	2565
offense" has the same meaning as in section 4511.181 of the	2566
Revised Code.	2567

Sec. 2941.1414. (A) Imposition of a mandatory, additional,	2568
definite jail term of up to six months upon an offender under	2569
division (E) of section 2929.24 of the Revised Code is precluded	2570
unless the information charging a violation of division (B) of	2571
section 4511.19 of the Revised Code specifies that the offender,	2572
within twenty years of the offense, previously has been convicted	2573
of or pleaded guilty to five or more equivalent offenses. The	2574
specification shall be stated at the end of the body of the	2575
information and shall be stated in substantially the following	2576
form:	2577

"SPECIFICATION. (Insert the person's or the prosecuting	2578
attorney's name as appropriate) further finds and specifies that	2579
(set forth that the offender, within twenty years of committing	2580
the offense, previously had been convicted of or pleaded guilty to	2581
five or more equivalent offenses)."	2582

(B) As used in division (A) of this section, "equivalent	2583
offense" has the same meaning as in section 4511.181 of the	2584
Revised Code.	2585

Sec. 4123.54.  (A) Every employee, who is injured or who	2586
contracts an occupational disease, and the dependents of each	2587
employee who is killed, or dies as the result of an occupational	2588
disease contracted in the course of employment, wherever such	2589
injury has occurred or occupational disease has been contracted,	2590
provided the same were not:	2591

(1) Purposely self-inflicted; or

2592

(2) Caused by the employee being intoxicated or under the	2593
influence of a controlled substance not prescribed by a physician	2594
where the intoxication or being under the influence of the	2595
controlled substance not prescribed by a physician was the	2596
proximate cause of the injury, is entitled to receive, either	2597
directly from the employee's self-insuring employer as provided in	2598
section 4123.35 of the Revised Code, or from the state insurance	2599
fund, the compensation for loss sustained on account of the	2600
injury, occupational disease, or death, and the medical, nurse,	2601
and hospital services and medicines, and the amount of funeral	2602
expenses in case of death, as are provided by this chapter.	2603

(B) For the purpose of this section, provided that an	2604
employee is given or has been given notice that the results of, or	2605
the employee's refusal to submit to, any chemical test described	2606
under this division may affect the employee's eligibility for	2607
compensation and benefits pursuant to this chapter and Chapter	2608
4121. of the Revised Code, there is a rebuttable presumption that	2609
an employee is intoxicated or under the influence of a controlled	2610
substance not prescribed by a physician and that being intoxicated	2611
or under the influence of a controlled substance not prescribed by	2612
a physician is the proximate cause of an injury when any one or	2613
more of the following is true:	2614

(1) The employee, through a chemical test administered within	2615
eight hours of an injury, is determined to have an alcohol	2616
concentration level equal to or in excess of the levels	2617
established in divisions (A)(2) to (7)(1)(b) to (i) of section	2618
4511.19 of the Revised Code;	2619

(2) The employee, through a chemical test administered within	2620
thirty-two hours of an injury, is determined to have one of the	2621
following controlled substances not prescribed by the employee's	2622
physician in the employee's system that tests above the following	2623
levels in an enzyme multiplied immunoassay technique screening	2624
test and above the levels established in division (B)(3) of this	2625
section in a gas chromatography mass spectrometry test:	2626

(a) For amphetamines, one thousand nanograms per milliliter	2627
of urine;	2628

(b) For cannabinoids, fifty nanograms per milliliter of	2629
urine;	2630

(c) For cocaine, including crack cocaine, three hundred	2631
nanograms per milliliter of urine;	2632

(d) For opiates, two thousand nanograms per milliliter of	2633
urine;	2634

(e) For phencyclidine, twenty-five nanograms per milliliter	2635
of urine.	2636

(3) The employee, through a chemical test administered within	2637
thirty-two hours of an injury, is determined to have one of the	2638
following controlled substances not prescribed by the employee's	2639
physician in the employee's system that tests above the following	2640
levels by a gas chromatography mass spectrometry test:	2641

(a) For amphetamines, five hundred nanograms per milliliter	2642
of urine;	2643

(b) For cannabinoids, fifteen nanograms per milliliter of	2644
urine;	2645

(c) For cocaine, including crack cocaine, one hundred fifty	2646
nanograms per milliliter of urine;	2647

(d) For opiates, two thousand nanograms per milliliter of	2648
urine;	2649

(e) For phencyclidine, twenty-five nanograms per milliliter	2650
of urine.	2651

(4) The employee, through a chemical test administered within	2652
thirty-two hours of an injury, is determined to have barbiturates,	2653
benzodiazepines, methadone, or propoxyphene in the employee's	2654
system that tests above levels established by laboratories	2655
certified by the United States department of health and human	2656
services.	2657

(5) The employee refuses to submit to a requested chemical	2658
test.	2659

Whenever, with respect to an employee of an employer who is	2660
subject to and has complied with this chapter, there is	2661
possibility of conflict with respect to the application of	2662
workers' compensation laws because the contract of employment is	2663
entered into and all or some portion of the work is or is to be	2664
performed in a state or states other than Ohio, the employer and	2665
the employee may agree to be bound by the laws of this state or by	2666
the laws of some other state in which all or some portion of the	2667
work of the employee is to be performed. The agreement shall be in	2668
writing and shall be filed with the bureau of workers'	2669
compensation within ten days after it is executed and shall remain	2670
in force until terminated or modified by agreement of the parties	2671
similarly filed. If the agreement is to be bound by the laws of	2672
this state and the employer has complied with this chapter, then	2673
the employee is entitled to compensation and benefits regardless	2674
of where the injury occurs or the disease is contracted and the	2675
rights of the employee and the employee's dependents under the	2676
laws of this state are the exclusive remedy against the employer	2677
on account of injury, disease, or death in the course of and	2678
arising out of the employee's employment. If the agreement is to	2679
be bound by the laws of another state and the employer has	2680
complied with the laws of that state, the rights of the employee	2681
and the employee's dependents under the laws of that state are the	2682
exclusive remedy against the employer on account of injury,	2683
disease, or death in the course of and arising out of the	2684
employee's employment without regard to the place where the injury	2685
was sustained or the disease contracted.	2686

If any employee or the employee's dependents are awarded	2687
workers' compensation benefits or recover damages from the	2688
employer under the laws of another state, the amount awarded or	2689
recovered, whether paid or to be paid in future installments,	2690
shall be credited on the amount of any award of compensation or	2691
benefits made to the employee or the employee's dependents by the	2692
bureau.	2693

If an employee is a resident of a state other than this state	2694
and is insured under the workers' compensation law or similar laws	2695
of a state other than this state, the employee and the employee's	2696
dependents are not entitled to receive compensation or benefits	2697
under this chapter, on account of injury, disease, or death	2698
arising out of or in the course of employment while temporarily	2699
within this state, and the rights of the employee and the	2700
employee's dependents under the laws of the other state are the	2701
exclusive remedy against the employer on account of the injury,	2702
disease, or death.	2703

Compensation or benefits are not payable to a claimant during	2704
the period of confinement of the claimant in any state or federal	2705
correctional institution whether in this or any other state for	2706
conviction of violation of any state or federal criminal law.	2707

Sec. 4507.02.  (A)(1) No person shall permit the operation of	2708
a motor vehicle upon any public or private property used by the	2709
public for purposes of vehicular travel or parking knowing the	2710
operator does not have a valid driver's license issued to the	2711
operator by the registrar of motor vehicles under this chapter or	2712
a valid commercial driver's license issued under Chapter 4506. of	2713
the Revised Code. Whoever violates this division is guilty of a	2714
misdemeanor of the first degree.	2715

(2) No person shall receive a driver's license, or a	2716
motorcycle operator's endorsement of a driver's or commercial	2717
driver's license, unless and until the person surrenders to the	2718
registrar all valid licenses issued to the person by another	2719
jurisdiction recognized by this state. All surrendered licenses	2720
shall be returned by the registrar to the issuing authority,	2721
together with information that a license is now issued in this	2722
state. No person shall be permitted to have more than one valid	2723
license at any time.	2724

(B)(1) If a person is convicted of a violation of section	2725
4510.11, 4510.14, 4510.16, or 4510.21 of the Revised Code or if	2726
division (F) of section 4507.164 of the Revised Code applies, the	2727
trial judge of any court, in addition to or independent of, any	2728
other penalties provided by law or ordinance, shall impound the	2729
identification license plates of any motor vehicle registered in	2730
the name of the person. The court shall send the impounded license	2731
plates to the registrar, who may retain the license plates until	2732
the driver's or commercial driver's license of the owner has been	2733
reinstated or destroy them pursuant to section 4503.232 of the	2734
Revised Code.	2735

If the license plates of a person convicted of a violation of	2736
any provision of those sections have been impounded in accordance	2737
with the provisions of this division, the court shall notify the	2738
registrar of that action. The notice shall contain the name and	2739
address of the driver, the serial number of the driver's driver's	2740
or commercial driver's license, the serial numbers of the license	2741
plates of the motor vehicle, and the length of time for which the	2742
license plates have been impounded. The registrar shall record the	2743
data in the notice as part of the driver's permanent record.	2744

(2) Any motor vehicle owner who has had the license plates of	2745
a motor vehicle impounded pursuant to division (B)(1) of this	2746
section may apply to the registrar, or to a deputy registrar, for	2747
specialrestricted license plates that shall conform to the	2748
requirements of section 4503.231 of the Revised Code. The	2749
registrar or deputy registrar forthwith shall notify the court of	2750
the application and, upon approval of the court, shall issue	2751
specialrestricted license plates to the applicant. Until the	2752
driver's or commercial driver's license of the owner is	2753
reinstated, any new license plates issued to the owner also shall	2754
conform to the requirements of section 4503.231 of the Revised	2755
Code.	2756

The registrar or deputy registrar shall charge the owner of a	2757
vehicle the fees provided in section 4503.19 of the Revised Code	2758
for specialrestricted license plates that are issued in	2759
accordance with this division, except upon renewal as specified in	2760
section 4503.10 of the Revised Code, when the regular fee as	2761
provided in section 4503.04 of the Revised Code shall be charged.	2762
The registrar or deputy registrar shall charge the owner of a	2763
vehicle the fees provided in section 4503.19 of the Revised Code	2764
whenever specialrestricted license plates are exchanged, by	2765
reason of the reinstatement of the driver's or commercial driver's	2766
license of the owner, for those ordinarily issued.	2767

(3) If an owner wishes to sell a motor vehicle during the	2768
time the specialrestricted license plates provided under division	2769
(B)(2) of this section are in use, the owner may apply to the	2770
court that impounded the license plates of the motor vehicle for	2771
permission to transfer title to the motor vehicle. If the court is	2772
satisfied that the sale will be made in good faith and not for the	2773
purpose of circumventing the provisions of this section, it may	2774
certify its consent to the owner and to the registrar of motor	2775
vehicles who shall enter notice of the transfer of the title of	2776
the motor vehicle in the vehicle registration record.	2777

If, during the time the specialrestricted license plates	2778
provided under division (B)(2) of this section are in use, the	2779
title to a motor vehicle is transferred by the foreclosure of a	2780
chattel mortgage, a sale upon execution, the cancellation of a	2781
conditional sales contract, or by order of a court, the court	2782
shall notify the registrar of the action and the registrar shall	2783
enter notice of the transfer of the title to the motor vehicle in	2784
the vehicle registration record.	2785

(C) This section is not intended to change or modify any	2786
provision of Chapter 4503. of the Revised Code with respect to the	2787
taxation of motor vehicles or the time within which the taxes on	2788
motor vehicles shall be paid.	2789

Sec. 4507.05.  (A) The registrar of motor vehicles, or a	2790
deputy registrar, upon receiving an application for a temporary	2791
instruction permit and a temporary instruction permit	2792
identification card for a driver's license from any person who is	2793
at least fifteen years and six months of age, may issue such a	2794
permit and identification card entitling the applicant to drive a	2795
motor vehicle, other than a commercial motor vehicle, upon the	2796
highways under the following conditions:	2797

(1) If the permit is issued to a person who is at least	2798
fifteen years and six months of age, but less than sixteen years	2799
of age:	2800

(a) The permit and identification card are in the holder's	2801
immediate possession;	2802

(b) The holder is accompanied by an eligible adult who	2803
actually occupies the seat beside the permit holder and does not	2804
have a prohibited concentration of alcohol in the whole blood,	2805
blood serum or plasma, breath, or urine as provided in division	2806
(A) of section 4511.19 of the Revised Code;	2807

(c) The total number of occupants of the vehicle does not	2808
exceed the total number of occupant restraining devices originally	2809
installed in the motor vehicle by its manufacturer, and each	2810
occupant of the vehicle is wearing all of the available elements	2811
of a properly adjusted occupant restraining device.	2812

(2) If the permit is issued to a person who is at least	2813
sixteen years of age:	2814

(a) The permit and identification card are in the holder's	2815
immediate possession;	2816

(b) The holder is accompanied by a licensed operator who is	2817
at least twenty-one years of age and, is actually occupying a seat	2818
beside the driver, and does not have a prohibited concentration of	2819
alcohol in the whole blood, blood serum or plasma, breath, or	2820
urine as provided in division (A) of section 4511.19 of the	2821
Revised Code;	2822

(c) The total number of occupants of the vehicle does not	2823
exceed the total number of occupant restraining devices originally	2824
installed in the motor vehicle by its manufacturer, and each	2825
occupant of the vehicle is wearing all of the available elements	2826
of a properly adjusted occupant restraining device.	2827

(B) The registrar or a deputy registrar, upon receiving from	2828
any person an application for a temporary instruction permit and	2829
temporary instruction permit identification card to operate a	2830
motorcycle or motorized bicycle, may issue such a permit and	2831
identification card entitling the applicant, while having the	2832
permit and identification card in the applicant's immediate	2833
possession, to drive a motorcycle or motorized bicycle under	2834
restrictions determined by the registrar. A temporary instruction	2835
permit and temporary instruction permit identification card to	2836
operate a motorized bicycle may be issued to a person fourteen or	2837
fifteen years old.	2838

(C) Any permit and identification card issued under this	2839
section shall be issued in the same manner as a driver's license,	2840
upon a form to be furnished by the registrar. A temporary	2841
instruction permit to drive a motor vehicle other than a	2842
commercial motor vehicle shall be valid for a period of one year.	2843

(D) Any person having in the person's possession a valid and	2844
current driver's license or motorcycle operator's license or	2845
endorsement issued to the person by another jurisdiction	2846
recognized by this state is exempt from obtaining a temporary	2847
instruction permit for a driver's license, but shall submit to the	2848
regular examination in obtaining a driver's license or motorcycle	2849
operator's endorsement in this state.	2850

(E) The registrar may adopt rules governing the use of	2851
temporary instruction permits and temporary instruction permit	2852
identification cards.	2853

(F)(1) No holder of a permit issued under division (A) of	2854
this section shall operate a motor vehicle upon a highway or any	2855
public or private property used by the public for purposes of	2856
vehicular travel or parking in violation of the conditions	2857
established under division (A) of this section.	2858

(2) Except as provided in division (F)(2) of this section, no	2859
holder of a permit that is issued under division (A) of this	2860
section and that is issued on or after the effective date of this	2861
amendmentJuly 1, 1998, and who has not attained the age of	2862
seventeen years, shall operate a motor vehicle upon a highway or	2863
any public or private property used by the public for purposes of	2864
vehicular travel or parking between the hours of one a.m. and five	2865
a.m.	2866

The holder of a permit issued under division (A) of this	2867
section on or after the effective date of this amendmentJuly 1,	2868
1998, who has not attained the age of seventeen years, may operate	2869
a motor vehicle upon a highway or any public or private property	2870
used by the public for purposes of vehicular travel or parking	2871
between the hours of one a.m. and five a.m. if, at the time of	2872
such operation, the holder is accompanied by the holder's parent,	2873
guardian, or custodian, and the parent, guardian, or custodian	2874
holds a current valid driver's or commercial driver's license	2875
issued by this state and, is actually occupying a seat beside the	2876
permit holder, and does not have a prohibited concentration of	2877
alcohol in the whole blood, blood serum or plasma, breath, or	2878
urine as provided in division (A) of section 4511.19 of the	2879
Revised Code.	2880

(G)(1) Notwithstanding any other provision of law to the	2881
contrary, no law enforcement officer shall cause the operator of a	2882
motor vehicle being operated on any street or highway to stop the	2883
motor vehicle for the sole purpose of determining whether each	2884
occupant of the motor vehicle is wearing all of the available	2885
elements of a properly adjusted occupant restraining device as	2886
required by division (A) of this section, or for the sole purpose	2887
of issuing a ticket, citation, or summons if the requirement in	2888
that division has been or is being violated, or for causing the	2889
arrest of or commencing a prosecution of a person for a violation	2890
of that requirement.	2891

(2) Notwithstanding any other provision of law to the	2892
contrary, no law enforcement officer shall cause the operator of a	2893
motor vehicle being operated on any street or highway to stop the	2894
motor vehicle for the sole purpose of determining whether a	2895
violation of division (F)(2) of this section has been or is being	2896
committed or for the sole purpose of issuing a ticket, citation,	2897
or summons for such a violation or for causing the arrest of or	2898
commencing a prosecution of a person for such violation.	2899

(H) As used in this section:

2900

(1) "Eligible adult" means any of the following:

2901

(a) An instructor of a driver training course approved by the	2902
department of public safety;	2903

(b) Any of the following persons who holds a current valid	2904
driver's or commercial driver's license issued by this state:	2905

(i) A parent, guardian, or custodian of the permit holder;

2906

(ii) A person twenty-one years of age or older who acts in	2907
loco parentis of the permit holder.	2908

(2) "Occupant restraining device" has the same meaning as in	2909
section 4513.263 of the Revised Code.	2910

(I) Whoever violates division (F)(1) or (2) of this section	2911
is guilty of a minor misdemeanor.	2912

Sec. 4510.13.  (A)(1) Divisions (A)(2) to (7) of this section	2913
apply to a judge or mayor regarding the suspension of, or the	2914
grant of limited driving privileges during, a suspension of, an	2915
offender's driver's or commercial driver's license or permit or	2916
nonresident operating privilege imposed under division (G) or (H)	2917
of section 4511.19 of the Revised Code, under division (B) or (C)	2918
of section 4511.191 of the Revised Code, or under section 4510.07	2919
of the Revised Code for a conviction of a violation of a municipal	2920
OVI ordinance.	2921

(2) No judge or mayor shall suspend the following portions of	2922
the suspension of an offender's driver's or commercial driver's	2923
license or permit or nonresident operating privilege imposed under	2924
division (G) or (H) of section 4511.19 of the Revised Code or	2925
under section 4510.07 of the Revised Code for a conviction of a	2926
violation of a municipal OVI ordinance, provided that division	2927
(A)(2) of this section does not limit a court or mayor in	2928
crediting any period of suspension imposed pursuant to division	2929
(B) or (C) of section 4511.191 of the Revised Code against any	2930
time of judicial suspension imposed pursuant to section 4511.19 or	2931
4510.07 of the Revised Code, as described in divisions (B)(2) and	2932
(C)(2) of section 4511.191 of the Revised Code:	2933

(a) The first six months of a suspension imposed under	2934
division (G)(1)(a) of section 4511.19 of the Revised Code or of a	2935
comparable length suspension imposed under section 4510.07 of the	2936
Revised Code;	2937

(b) The first year of a suspension imposed under division	2938
(G)(1)(b) or (c) of section 4511.19 of the Revised Code or of a	2939
comparable length suspension imposed under section 4510.07 of the	2940
Revised Code;	2941

(c) The first three years of a suspension imposed under	2942
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	2943
or of a comparable length suspension imposed under section 4510.07	2944
of the Revised Code;	2945

(d) The first sixty days of a suspension imposed under	2946
division (H) of section 4511.19 of the Revised Code or of a	2947
comparable length suspension imposed under section 4510.07 of the	2948
Revised Code.	2949

(3) No judge or mayor shall grant limited driving privileges	2950
to an offender whose driver's or commercial driver's license or	2951
permit or nonresident operating privilege has been suspended under	2952
division (G) or (H) of section 4511.19 of the Revised Code, under	2953
division (C) of section 4511.191 of the Revised Code, or under	2954
section 4510.07 of the Revised Code for a municipal OVI conviction	2955
if the offender, within the preceding six years, has been	2956
convicted of or pleaded guilty to three or more violations of one	2957
or more of the Revised Code sections, municipal ordinances,	2958
statutes of the United States or another state, or municipal	2959
ordinances of a municipal corporation of another state that are	2960
identified in divisions (G)(2)(b) to (h) of section 2919.22 of the	2961
Revised Code.	2962

Additionally, no judge or mayor shall grant limited driving	2963
privileges to an offender whose driver's or commercial driver's	2964
license or permit or nonresident operating privilege has been	2965
suspended under division (B) of section 4511.191 of the Revised	2966
Code if the offender, within the preceding six years, has refused	2967
three previous requests to consent to a chemical test of the	2968
person's whole blood, blood serum or plasma, breath, or urine to	2969
determine its alcohol content.	2970

(4) No judge or mayor shall grant limited driving privileges	2971
for employment as a driver of commercial motor vehicles to an	2972
offender whose driver's or commercial driver's license or permit	2973
or nonresident operating privilege has been suspended under	2974
division (G) or (H) of section 4511.19 of the Revised Code, under	2975
division (B) or (C) of section 4511.191 of the Revised Code, or	2976
under section 4510.07 of the Revised Code for a municipal OVI	2977
conviction if the offender is disqualified from operating a	2978
commercial motor vehicle, or whose license or permit has been	2979
suspended, under section 3123.58 or 4506.16 of the Revised Code.	2980

(5) No judge or mayor shall grant limited driving privileges	2981
to an offender whose driver's or commercial driver's license or	2982
permit or nonresident operating privilege has been suspended under	2983
division (G) or (H) of section 4511.19 of the Revised Code, under	2984
division (C) of section 4511.191 of the Revised Code, or under	2985
section 4510.07 of the Revised Code for a conviction of a	2986
violation of a municipal OVI ordinance during any of the following	2987
periods of time:	2988

(a) The first fifteen days of a suspension imposed under	2989
division (G)(1)(a) of section 4511.19 of the Revised Code or a	2990
comparable length suspension imposed under section 4510.07 of the	2991
Revised Code, or of a suspension imposed under division (C)(1)(a)	2992
of section 4511.191 of the Revised Code. On or after the sixteenth	2993
day of the suspension, the court may grant limited driving	2994
privileges, but the court may require that the offender shall not	2995
exercise the privileges unless the vehicles the offender operates	2996
are equipped with immobilizing or disabling devices that monitor	2997
the offender's alcohol consumption or any other type of	2998
immobilizing or disabling devices, except as provided in division	2999
(C) of section 4510.43 of the Revised Code.	3000

(b) The first thirty days of a suspension imposed under	3001
division (G)(1)(b) of section 4511.19 of the Revised Code or a	3002
comparable length suspension imposed under section 4510.07 of the	3003
Revised Code, or of a suspension imposed under division (C)(1)(b)	3004
of section 4511.191 of the Revised Code. On or after the	3005
thirty-first day of suspension, the court may grant limited	3006
driving privileges, but the court may require that the offender	3007
shall not exercise the privileges unless the vehicles the offender	3008
operates are equipped with immobilizing or disabling devices that	3009
monitor the offender's alcohol consumption or any other type of	3010
immobilizing or disabling devices, except as provided in division	3011
(C) of section 4510.43 of the Revised Code.	3012

(c) The first sixty days of a suspension imposed under	3013
division (H) of section 4511.19 of the Revised Code or a	3014
comparable length suspension imposed under section 4510.07 of the	3015
Revised Code.	3016

(d) The first one hundred eighty days of a suspension imposed	3017
under division (G)(1)(c) of section 4511.19 of the Revised Code or	3018
a comparable length suspension imposed under section 4510.07 of	3019
the Revised Code, or of a suspension imposed under division	3020
(C)(1)(c) of section 4511.191 of the Revised Code. The judge may	3021
grant limited driving privileges on or after the one hundred	3022
eighty-first day of the suspension only if the judge, at the time	3023
of granting the privileges, also issues an order prohibiting the	3024
offender, while exercising the privileges during the period	3025
commencing with the one hundred eighty-first day of suspension and	3026
ending with the first year of suspension, from operating any motor	3027
vehicle unless it is equipped with an immobilizing or disabling	3028
device that monitors the offender's alcohol consumption. After the	3029
first year of the suspension, the court may authorize the offender	3030
to continue exercising the privileges in vehicles that are not	3031
equipped with immobilizing or disabling devices that monitor the	3032
offender's alcohol consumption, except as provided in division (C)	3033
of section 4510.43 of the Revised Code. If the offender does not	3034
petition for limited driving privileges until after the first year	3035
of suspension, the judge may grant limited driving privileges	3036
without requiring the use of an immobilizing or disabling device	3037
that monitors the offender's alcohol consumption.	3038

(e) The first three years of a suspension imposed under	3039
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	3040
or a comparable length suspension imposed under section 4510.07 of	3041
the Revised Code, or of a suspension imposed under division	3042
(C)(1)(d) of section 4511.191 of the Revised Code. The judge may	3043
grant limited driving privileges after the first three years of	3044
suspension only if the judge, at the time of granting the	3045
privileges, also issues an order prohibiting the offender from	3046
operating any motor vehicle, for the period of suspension	3047
following the first three years of suspension, unless the motor	3048
vehicle is equipped with an immobilizing or disabling device that	3049
monitors the offender's alcohol consumption, except as provided in	3050
division (C) of section 4510.43 of the Revised Code.	3051

(6) No judge or mayor shall grant limited driving privileges	3052
to an offender whose driver's or commercial driver's license or	3053
permit or nonresident operating privilege has been suspended under	3054
division (B) of section 4511.191 of the Revised Code during any of	3055
the following periods of time:	3056

(a) The first thirty days of suspension imposed under	3057
division (B)(1)(a) of section 4511.191 of the Revised Code;	3058

(b) The first ninety days of suspension imposed under	3059
division (B)(1)(b) of section 4511.191 of the Revised Code;	3060

(c) The first year of suspension imposed under division	3061
(B)(1)(c) of section 4511.191 of the Revised Code;	3062

(d) The first three years of suspension imposed under	3063
division (B)(1)(d) of section 4511.191 of the Revised Code.	3064

(7) In any case in which a judge or mayor grants limited	3065
driving privileges to an offender whose driver's or commercial	3066
driver's license or permit or nonresident operating privilege has	3067
been suspended under division (G)(1)(b), (c), (d), or (e) of	3068
section 4511.19 of the Revised Code, under division (G)(1)(a) of	3069
section 4511.19 of the Revised Code for a violation of division	3070
(A)(1)(f), (g), (h), or (i) of that section, or under section	3071
4510.07 of the Revised Code for a municipal OVI conviction for	3072
which sentence would have been imposed under division	3073
(G)(1)(a)(ii) or (G)(1)(b), (c), (d), or (e) of section 4511.19 of	3074
the Revised Code had the offender been charged with and convicted	3075
of a violation of section 4511.19 of the Revised Code instead of a	3076
violation of the municipal OVI ordinance, the judge or mayor shall	3077
impose as a condition of the privileges that the offender must	3078
display on the vehicle that is driven subject to the privileges	3079
restricted license plates that are issued under section 4503.231	3080
of the Revised Code, except as provided in division (B) of that	3081
section.	3082

(B) Any person whose driver's or commercial driver's license	3083
or permit or nonresident operating privilege has been suspended	3084
pursuant to section 4511.19 or 4511.191 of the Revised Code or	3085
under section 4510.07 of the Revised Code for a violation of a	3086
municipal OVI ordinance may file a petition for limited driving	3087
privileges during the suspension. The person shall file the	3088
petition in the court that has jurisdiction over the place of	3089
arrest. Subject to division (A) of this section, the court may	3090
grant the person limited driving privileges during the period	3091
during which the suspension otherwise would be imposed. However,	3092
the court shall not grant the privileges for employment as a	3093
driver of a commercial motor vehicle to any person who is	3094
disqualified from operating a commercial motor vehicle under	3095
section 4506.16 of the Revised Code or during any of the periods	3096
prescribed by division (A) of this section.	3097

(C)(1) After a driver's or commercial driver's license or	3098
permit or nonresident operating privilege has been suspended	3099
pursuant to section 2903.06, 2903.08, 2907.24, 2921.331, 4511.19,	3100
4511.251, 4549.02, 4549.021, or 5743.99 of the Revised Code, any	3101
provision of Chapter 2925. of the Revised Code, or section 4510.07	3102
of the Revised Code for a violation of a municipal OVI ordinance,	3103
the judge of the court or mayor of the mayor's court that	3104
suspended the license, permit, or privilege shall cause the	3105
offender to deliver to the court the license or permit. The judge,	3106
mayor, or clerk of the court or mayor's court shall forward to the	3107
registrar the license or permit together with notice of the action	3108
of the court.	3109

(2) A suspension of a commercial driver's license under any	3110
section or chapter identified in division (C)(1) of this section	3111
shall be concurrent with any period of suspension or	3112
disqualification under section 3123.58 or 4506.16 of the Revised	3113
Code. No person who is disqualified for life from holding a	3114
commercial driver's license under section 4506.16 of the Revised	3115
Code shall be issued a driver's license under this chapter during	3116
the period for which the commercial driver's license was suspended	3117
under this section, and no person whose commercial driver's	3118
license is suspended under any section or chapter identified in	3119
division (C)(1) of this section shall be issued a driver's license	3120
under Chapter 4507. of the Revised Code during the period of the	3121
suspension.	3122

(3) No judge or mayor shall suspend any class one suspension,	3123
or any portion of any class one suspension, required by section	3124
2903.04 or 2903.06 of the Revised Code. No judge or mayor shall	3125
suspend the first thirty days of any class two, class three, class	3126
four, class five, or class six suspension imposed under section	3127
2903.06 or 2903.08 of the Revised Code.	3128

(D) The judge of the court or mayor of the mayor's court	3129
shall credit any time during which an offender was subject to an	3130
administrative suspension of the offender's driver's or commercial	3131
driver's license or permit or nonresident operating privilege	3132
imposed pursuant to section 4511.191 or 4511.192 of the Revised	3133
Code or a suspension imposed by a judge, referee, or mayor	3134
pursuant to division (B)(1) or (2) of section 4511.196 of the	3135
Revised Code against the time to be served under a related	3136
suspension imposed pursuant to any section or chapter identified	3137
in division (C)(1) of this chapter.	3138

(E) The judge or mayor shall notify the bureau of motor	3139
vehicles of any determinations made pursuant to this section and	3140
of any suspension imposed pursuant to any section or chapter	3141
identified in division (C)(1) of this section.	3142

(F)(1) If a court issues an immobilizing or disabling device	3143
order under section 4510.43 of the Revised Code, the order shall	3144
authorize the offender during the specified period to operate a	3145
motor vehicle only if it is equipped with an immobilizing or	3146
disabling device, except as provided in division (C) of that	3147
section. The court shall provide the offender with a copy of an	3148
immobilizing or disabling device order issued under section	3149
4510.43 of the Revised Code, and the offender shall use the copy	3150
of the order in lieu of an Ohio driver's or commercial driver's	3151
license or permit until the registrar or a deputy registrar issues	3152
the offender a restricted license.	3153

An order issued under section 4510.43 of the Revised Code	3154
does not authorize or permit the offender to whom it has been	3155
issued to operate a vehicle during any time that the offender's	3156
driver's or commercial driver's license or permit is suspended	3157
under any other provision of law.	3158

(2) An offender may present an immobilizing or disabling	3159
device order to the registrar or to a deputy registrar. Upon	3160
presentation of the order to the registrar or a deputy registrar,	3161
the registrar or deputy registrar shall issue the offender a	3162
restricted license. A restricted license issued under this	3163
division shall be identical to an Ohio driver's license, except	3164
that it shall have printed on its face a statement that the	3165
offender is prohibited during the period specified in the court	3166
order from operating any motor vehicle that is not equipped with	3167
an immobilizing or disabling device. The date of commencement and	3168
the date of termination of the period of suspension shall be	3169
indicated conspicuously upon the face of the license.	3170

Sec. 4510.17.  (A) The registrar of motor vehicles shall	3171
impose a class D suspension of the person's driver's license,	3172
commercial driver's license, temporary instruction permit,	3173
probationary license, or nonresident operating privilege for the	3174
period of time specified in division (B)(4) of section 4510.02 of	3175
the Revised Code on any person who is a resident of this state and	3176
is convicted of or pleads guilty to a violation of a statute of	3177
any other state or any federal statute that is substantially	3178
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05,	3179
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.22, 2925.23,	3180
2925.31, 2925.32, 2925.36, or 2925.37 of the Revised Code. Upon	3181
receipt of a report from a court, court clerk, or other official	3182
of any other state or from any federal authority that a resident	3183
of this state was convicted of or pleaded guilty to an offense	3184
described in this division, the registrar shall send a notice by	3185
regular first class mail to the person, at the person's last known	3186
address as shown in the records of the bureau of motor vehicles,	3187
informing the person of the suspension, that the suspension will	3188
take effect twenty-one days from the date of the notice, and that,	3189
if the person wishes to appeal the suspension or denial, the	3190
person must file a notice of appeal within twenty-one days of the	3191
date of the notice requesting a hearing on the matter. If the	3192
person requests a hearing, the registrar shall hold the hearing	3193
not more than forty days after receipt by the registrar of the	3194
notice of appeal. The filing of a notice of appeal does not stay	3195
the operation of the suspension that must be imposed pursuant to	3196
this division. The scope of the hearing shall be limited to	3197
whether the person actually was convicted of or pleaded guilty to	3198
the offense for which the suspension is to be imposed.	3199

The suspension the registrar is required to impose under this	3200
division shall end either on the last day of the class D	3201
suspension period or of the suspension of the person's nonresident	3202
operating privilege imposed by the state or federal court,	3203
whichever is earlier.	3204

The registrar shall subscribe to or otherwise participate in	3205
any information system or register, or enter into reciprocal and	3206
mutual agreements with other states and federal authorities, in	3207
order to facilitate the exchange of information with other states	3208
and the United States government regarding persons who plead	3209
guilty to or are convicted of offenses described in this division	3210
and therefore are subject to the suspension or denial described in	3211
this division.	3212

(B) The registrar shall impose a class D suspension of the	3213
person's driver's license, commercial driver's license, temporary	3214
instruction permit, probationary license, or nonresident operating	3215
privilege for the period of time specified in division (B)(4) of	3216
section 4510.02 of the Revised Code on any person who is a	3217
resident of this state and is convicted of or pleads guilty to a	3218
violation of a statute of any other state or a municipal ordinance	3219
of a municipal corporation located in any other state that is	3220
substantially similar to section 4511.19 of the Revised Code. Upon	3221
receipt of a report from another state made pursuant to section	3222
4510.61 of the Revised Code indicating that a resident of this	3223
state was convicted of or pleaded guilty to an offense described	3224
in this division, the registrar shall send a notice by regular	3225
first class mail to the person, at the person's last known address	3226
as shown in the records of the bureau of motor vehicles, informing	3227
the person of the suspension, that the suspension or denial will	3228
take effect twenty-one days from the date of the notice, and that,	3229
if the person wishes to appeal the suspension, the person must	3230
file a notice of appeal within twenty-one days of the date of the	3231
notice requesting a hearing on the matter. If the person requests	3232
a hearing, the registrar shall hold the hearing not more than	3233
forty days after receipt by the registrar of the notice of appeal.	3234
The filing of a notice of appeal does not stay the operation of	3235
the suspension that must be imposed pursuant to this division. The	3236
scope of the hearing shall be limited to whether the person	3237
actually was convicted of or pleaded guilty to the offense for	3238
which the suspension is to be imposed.	3239

The suspension the registrar is required to impose under this	3240
division shall end either on the last day of the class D	3241
suspension period or of the suspension of the person's nonresident	3242
operating privilege imposed by the state or federal court,	3243
whichever is earlier.	3244

(C) The registrar shall impose a class D suspension of the	3245
child's driver's license, commercial driver's license, temporary	3246
instruction permit, or nonresident operating privilege for the	3247
period of time specified in division (B)(4) of section 4510.02 of	3248
the Revised Code on any child who is a resident of this state and	3249
is convicted of or pleads guilty to a violation of a statute of	3250
any other state or any federal statute that is substantially	3251
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05,	3252
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.22, 2925.23,	3253
2925.31, 2925.32, 2925.36, or 2925.37 of the Revised Code. Upon	3254
receipt of a report from a court, court clerk, or other official	3255
of any other state or from any federal authority that a child who	3256
is a resident of this state was convicted of or pleaded guilty to	3257
an offense described in this division, the registrar shall send a	3258
notice by regular first class mail to the child, at the child's	3259
last known address as shown in the records of the bureau of motor	3260
vehicles, informing the child of the suspension, that the	3261
suspension or denial will take effect twenty-one days from the	3262
date of the notice, and that, if the child wishes to appeal the	3263
suspension, the child must file a notice of appeal within	3264
twenty-one days of the date of the notice requesting a hearing on	3265
the matter. If the child requests a hearing, the registrar shall	3266
hold the hearing not more than forty days after receipt by the	3267
registrar of the notice of appeal. The filing of a notice of	3268
appeal does not stay the operation of the suspension that must be	3269
imposed pursuant to this division. The scope of the hearing shall	3270
be limited to whether the child actually was convicted of or	3271
pleaded guilty to the offense for which the suspension is to be	3272
imposed.	3273

The suspension the registrar is required to impose under this	3274
division shall end either on the last day of the class D	3275
suspension period or of the suspension of the child's nonresident	3276
operating privilege imposed by the state or federal court,	3277
whichever is earlier. If the child is a resident of this state who	3278
is sixteen years of age or older and does not have a current,	3279
valid Ohio driver's or commercial driver's license or permit, the	3280
notice shall inform the child that the child will be denied	3281
issuance of a driver's or commercial driver's license or permit	3282
for six months beginning on the date of the notice. If the child	3283
has not attained the age of sixteen years on the date of the	3284
notice, the notice shall inform the child that the period of	3285
denial of six months shall commence on the date the child attains	3286
the age of sixteen years.	3287

The registrar shall subscribe to or otherwise participate in	3288
any information system or register, or enter into reciprocal and	3289
mutual agreements with other states and federal authorities, in	3290
order to facilitate the exchange of information with other states	3291
and the United States government regarding children who are	3292
residents of this state and plead guilty to or are convicted of	3293
offenses described in this division and therefore are subject to	3294
the suspension or denial described in this division.	3295

(D) The registrar shall impose a class D suspension of the	3296
child's driver's license, commercial driver's license, temporary	3297
instruction permit, probationary license, or nonresident operating	3298
privilege for the period of time specified in division (B)(4) of	3299
section 4510.02 of the Revised Code on any child who is a resident	3300
of this state and is convicted of or pleads guilty to a violation	3301
of a statute of any other state or a municipal ordinance of a	3302
municipal corporation located in any other state that is	3303
substantially similar to section 4511.19 of the Revised Code. Upon	3304
receipt of a report from another state made pursuant to section	3305
4510.61 of the Revised Code indicating that a child who is a	3306
resident of this state was convicted of or pleaded guilty to an	3307
offense described in this division, the registrar shall send a	3308
notice by regular first class mail to the child, at the child's	3309
last known address as shown in the records of the bureau of motor	3310
vehicles, informing the child of the suspension, that the	3311
suspension will take effect twenty-one days from the date of the	3312
notice, and that, if the child wishes to appeal the suspension,	3313
the child must file a notice of appeal within twenty-one days of	3314
the date of the notice requesting a hearing on the matter. If the	3315
child requests a hearing, the registrar shall hold the hearing not	3316
more than forty days after receipt by the registrar of the notice	3317
of appeal. The filing of a notice of appeal does not stay the	3318
operation of the suspension that must be imposed pursuant to this	3319
division. The scope of the hearing shall be limited to whether the	3320
child actually was convicted of or pleaded guilty to the offense	3321
for which the suspension is to be imposed.	3322

The suspension the registrar is required to impose under this	3323
division shall end either on the last day of the class D	3324
suspension period or of the suspension of the child's nonresident	3325
operating privilege imposed by the state or federal court,	3326
whichever is earlier. If the child is a resident of this state who	3327
is sixteen years of age or older and does not have a current,	3328
valid Ohio driver's or commercial driver's license or permit, the	3329
notice shall inform the child that the child will be denied	3330
issuance of a driver's or commercial driver's license or permit	3331
for six months beginning on the date of the notice. If the child	3332
has not attained the age of sixteen years on the date of the	3333
notice, the notice shall inform the child that the period of	3334
denial of six months shall commence on the date the child attains	3335
the age of sixteen years.	3336

(E) Any person whose license or permit has been suspended	3337
pursuant to division (B) or (D) of this section may file a	3338
petition in the municipal or county court, or in case the person	3339
is under eighteen years of age, the juvenile court, in whose	3340
jurisdiction the person resides, agreeing to pay the cost of the	3341
proceedings and alleging that the suspension would seriously	3342
affect the person's ability to continue the person's employment.	3343
Upon satisfactory proof that there is reasonable cause to believe	3344
that the suspension would seriously affect the person's ability to	3345
continue the person's employment, the judge may grant the person	3346
limited driving privileges during the period during which the	3347
suspension otherwise would be imposed, except that the judge shall	3348
not grant limited driving privileges for employment as a driver of	3349
a commercial motor vehicle to any person who would be disqualified	3350
from operating a commercial motor vehicle under section 4506.16 of	3351
the Revised Code if the violation had occurred in this state, or	3352
during any of the following periods of time:	3353

(1) The first fifteen days of thea suspension under division	3354
(B) or (D) of this section, if the person has not been convicted	3355
within six years of the date of the offense giving rise to the	3356
suspension under this section of a violation of any of the	3357
following:	3358

(a) Section 4511.19 of the Revised Code, ofor a municipal	3359
ordinance relating to operating a vehicle while under the	3360
influence of alcohol, a drug of abuse, or alcohol and a drug of	3361
abuse;	3362

(b) A municipal ordinance relating to operating a motor	3363
vehicle with a prohibited concentration of alcohol in the blood,	3364
breath, or urine;	3365

(c) Section 2903.04 of the Revised Code in a case in which	3366
the person was subject to the sanctions described in division (D)	3367
of that section;	3368

(d) Division (A)(1) of section 2903.06 or division (A)(1) of	3369
section 2903.08 of the Revised Code or a municipal ordinance that	3370
is substantially similar to either of those divisions;	3371

(e) Division (A)(2), (3), or (4) of section 2903.06, division	3372
(A)(2) of section 2903.08, or as it existed prior to March 23,	3373
2000, section 2903.07 of the Revised Code, or a municipal	3374
ordinance that is substantially similar to any of those divisions	3375
or that former section, in a case in which the jury or judge found	3376
that the person was under the influence of alcohol, a drug of	3377
abuse, or alcohol and a drug of abuse.	3378

(2) The first thirty days of thea suspension under division	3379
(B) or (D) of this section, if the person has been convicted one	3380
time within six years of the date of the offense giving rise to	3381
the suspension under this section of any violation identified in	3382
division (E)(1) of this section.	3383

(3) The first one hundred eighty days of thea suspension	3384
under division (B) or (D) of this section, if the person has been	3385
convicted two times within six years of the date of the offense	3386
giving rise to the suspension under this section of any violation	3387
identified in division (E)(1) of this section.	3388

(4) No limited driving privileges may be granted if the	3389
person has been convicted three or more times within five years of	3390
the date of the offense giving rise to thea suspension under	3391
division (B) or (D) of this section of any violation identified in	3392
division (E)(1) of this section.	3393

If a person petitions for limited driving privileges under	3394
division (E) of this section, the registrar shall be represented	3395
by the county prosecutor of the county in which the person resides	3396
if the petition is filed in a juvenile court or county court,	3397
except that if the person resides within a city or village that is	3398
located within the jurisdiction of the county in which the	3399
petition is filed, the city director of law or village solicitor	3400
of that city or village shall represent the registrar. If the	3401
petition is filed in a municipal court, the registrar shall be	3402
represented as provided in section 1901.34 of the Revised Code.	3403

In granting limited driving privileges under division (E) of	3404
this section, the court may impose any condition it considers	3405
reasonable and necessary to limit the use of a vehicle by the	3406
person. The court shall deliver to the person a permit card, in a	3407
form to be prescribed by the court, setting forth the time, place,	3408
and other conditions limiting the person's use of a motor vehicle.	3409
The grant of limited driving privileges shall be conditioned upon	3410
the person's having the permit in the person's possession at all	3411
times during which the person is operating a vehicle.	3412

A person granted limited driving privileges who operates a	3413
vehicle for other than limited purposes, in violation of any	3414
condition imposed by the court or without having the permit in the	3415
person's possession, is guilty of a violation of section 4510.11	3416
of the Revised Code.	3417

(F) As used in divisions (C) and (D) of this section:

3418

(1) "Child" means a person who is under the age of eighteen	3419
years, except that any person who violates a statute or ordinance	3420
described in division (C) or (D) of this section prior to	3421
attaining eighteen years of age shall be deemed a "child"	3422
irrespective of the person's age at the time the complaint or	3423
other equivalent document is filed in the other state or a	3424
hearing, trial, or other proceeding is held in the other state on	3425
the complaint or other equivalent document, and irrespective of	3426
the person's age when the period of license suspension or denial	3427
prescribed in division (C) or (D) of this section is imposed.	3428

(2) "Is convicted of or pleads guilty to" means, as it	3429
relates to a child who is a resident of this state, that in a	3430
proceeding conducted in a state or federal court located in	3431
another state for a violation of a statute or ordinance described	3432
in division (C) or (D) of this section, the result of the	3433
proceeding is any of the following:	3434

(a) Under the laws that govern the proceedings of the court,	3435
the child is adjudicated to be or admits to being a delinquent	3436
child or a juvenile traffic offender for a violation described in	3437
division (C) or (D) of this section that would be a crime if	3438
committed by an adult;	3439

(b) Under the laws that govern the proceedings of the court,	3440
the child is convicted of or pleads guilty to a violation	3441
described in division (C) or (D) of this section;	3442

(c) Under the laws that govern the proceedings of the court,	3443
irrespective of the terminology utilized in those laws, the result	3444
of the court's proceedings is the functional equivalent of	3445
division (F)(2)(a) or (b) of this section.	3446

Sec. 4510.54.  (A) A person whose driver's or commercial	3447
driver's license has been suspended for life under a class one	3448
suspension or as otherwise provided by law or has been suspended	3449
for a period in excess of fifteen years under a class two	3450
suspension may file a motion with the sentencing court for	3451
modification or termination of the suspension. A motion under this	3452
division may be heard only once. The person filing the motion	3453
shall demonstrate all of the following:	3454

(1) At least fifteen years have elapsed since the suspension	3455
began.	3456

(2) For the past fifteen years, the person has not been found	3457
guilty of any felony, any offense involving a moving violation	3458
under federal law, the law of this state, or the law of any of its	3459
political subdivisions, or any violation of a suspension under	3460
this chapter or a substantially equivalent municipal ordinance.	3461

(3) The person has proof of financial responsibility, a	3462
policy of liability insurance in effect that meets the minimum	3463
standard set forth in section 4509.51 of the Revised Code, or	3464
proof, to the satisfaction of the registrar of motor vehicles,	3465
that the person is able to respond in damages in an amount at	3466
least equal to the minimum amounts specified in that section.	3467

(4) If the suspension was imposed because the person was	3468
under the influence of alcohol, a drug of abuse, or combination of	3469
them at the time of the offense or because at the time of the	3470
offense the person's whole blood, blood serum or plasma, breath,	3471
or urine contained at least the concentration of alcohol specified	3472
in division (A)(2), (3), (4), or (5)(1)(b), (c), (d), or (e) of	3473
section 4511.19 of the Revised Code, the person also shall	3474
demonstrate all of the following:	3475

(a) The person successfully completed an alcohol, drug, or	3476
alcohol and drug treatment program.	3477

(b) The person has not abused alcohol or other drugs for a	3478
period satisfactory to the court.	3479

(c) For the past fifteen years, the person has not been found	3480
guilty of any alcohol-related or drug-related offense.	3481

(B) Upon receipt of a motion for modification or termination	3482
of the suspension under this section, the court may schedule a	3483
hearing on the motion. If scheduled, the hearing shall be	3484
conducted in open court within ninety days after the date on which	3485
the motion is filed.	3486

(C) The court shall notify the person whose license was	3487
suspended and the prosecuting attorney of the date, time, and	3488
location of the hearing. Upon receipt of the notice from the	3489
court, the prosecuting attorney shall notify the victim or the	3490
victim's representative of the date, time, and location of the	3491
hearing.	3492

(D) At any hearing under this section, the person who seeks	3493
modification or termination of the suspension has the burden to	3494
demonstrate, under oath, that the person meets the requirements of	3495
division (A) of this section. At the hearing, the court shall	3496
afford the offender or the offender's counsel an opportunity to	3497
present oral or written information relevant to the motion. The	3498
court shall afford a similar opportunity to provide relevant	3499
information to the prosecuting attorney and the victim or victim's	3500
representative.	3501

Before ruling on the motion, the court shall take into	3502
account the person's driving record, the nature of the offense	3503
that led to the suspension, and the impact of the offense on any	3504
victim. In addition, if the offender is eligible for modification	3505
or termination of the suspension under division (A)(2) of this	3506
section, the court shall consider whether the person committed any	3507
other offense while under suspension and determine whether the	3508
offense is relevant to a determination under this section. The	3509
court may modify or terminate the suspension subject to any	3510
considerations it considers proper if it finds that allowing the	3511
person to drive is not likely to present a danger to the public.	3512
After the court makes a ruling on a motion filed under this	3513
section, the prosecuting attorney shall notify the victim or the	3514
victim's representative of the court's ruling.	3515

(E) If a court modifies a person's license suspension under	3516
this section and the person subsequently is found guilty of any	3517
moving violation or of any substantially equivalent municipal	3518
ordinance that carries as a possible penalty the suspension of a	3519
person's driver's or commercial driver's license, the court may	3520
reimpose the class one or other lifetime suspension, or the class	3521
two suspension, whichever is applicable.	3522

Sec. 4511.19.  (A)(1) No person shall operate any vehicle,	3523
streetcar, or trackless trolley within this state, if, at the time	3524
of the operation, any of the following apply:	3525

(1)(a) The person is under the influence of alcohol, a drug	3526
of abuse, or a combination of them.	3527

(2)(b) The person has a concentration of eight-hundredths of	3528
one per cent or more but less than seventeen-hundredths of one per	3529
cent by weight per unit volume of alcohol in the person's whole	3530
blood.	3531

(3)(c) The person has a concentration of	3532
ninety-six-thousandths of one per cent or more but less than two	3533
hundred four-thousandths of one per cent by weight per unit volume	3534
of alcohol in the person's blood serum or plasma.	3535

(4)(d) The person has a concentration of eight-hundredths of	3536
one gram or more but less than seventeen-hundredths of one gram by	3537
weight of alcohol per two hundred ten liters of the person's	3538
breath.	3539

(5)(e) The person has a concentration of eleven-hundredths of	3540
one gram or more but less than two hundred	3541
thirty-eight-thousandths of one gram by weight of alcohol per one	3542
hundred milliliters of the person's urine.	3543

(6)(f) The person has a concentration of seventeen-hundredths	3544
of one per cent or more by weight per unit volume of alcohol in	3545
the person's whole blood.	3546

(7)(g) The person has a concentration of two hundred	3547
four-thousandths of one per cent or more by weight per unit volume	3548
of alcohol in the person's blood serum or plasma.	3549

(8)(h) The person has a concentration of seventeen-hundredths	3550
of one gram or more by weight of alcohol per two hundred ten	3551
liters of the person's breath.	3552

(9)(i) The person has a concentration of two hundred	3553
thirty-eight-thousandths of one gram or more by weight of alcohol	3554
per one hundred milliliters of the person's urine.	3555

(2) No person who, within twenty years of the conduct	3556
described in division (A)(2)(a) of this section, previously has	3557
been convicted of or pleaded guilty to a violation of this	3558
division, division (A)(1) or (B) of this section, or a municipal	3559
OVI offense shall do both of the following:	3560

(a) Operate any vehicle, streetcar, or trackless trolley	3561
within this state while under the influence of alcohol, a drug of	3562
abuse, or a combination of them;	3563

(b) Subsequent to being arrested for operating the vehicle,	3564
streetcar, or trackless trolley as described in division (A)(2)(a)	3565
of this section, being asked by a law enforcement officer to	3566
submit to a chemical test or tests under section 4511.191 of the	3567
Revised Code, and being advised by the officer in accordance with	3568
section 4511.192 of the Revised Code of the consequences of the	3569
person's refusal or submission to the test or tests, refuse to	3570
submit to the test or tests.	3571

(B) No person under twenty-one years of age shall operate any	3572
vehicle, streetcar, or trackless trolley within this state, if, at	3573
the time of the operation, any of the following apply:	3574

(1) The person has a concentration of at least two-hundredths	3575
of one per cent but less than eight-hundredths of one per cent by	3576
weight per unit volume of alcohol in the person's whole blood.	3577

(2) The person has a concentration of at least	3578
three-hundredths of one per cent but less than	3579
ninety-six-thousandths of one per cent by weight per unit volume	3580
of alcohol in the person's blood serum or plasma.	3581

(3) The person has a concentration of at least two-hundredths	3582
of one gram but less than eight-hundredths of one gram by weight	3583
of alcohol per two hundred ten liters of the person's breath.	3584

(4) The person has a concentration of at least twenty-eight	3585
one-thousandths of one gram but less than eleven-hundredths of one	3586
gram by weight of alcohol per one hundred milliliters of the	3587
person's urine.	3588

(C) In any proceeding arising out of one incident, a person	3589
may be charged with a violation of division (A)(1)(a) or (A)(2)	3590
and a violation of division (B)(1), (2), or (3) of this section,	3591
but the person may not be convicted of more than one violation of	3592
these divisions.	3593

(D)(1) In any criminal prosecution or juvenile court	3594
proceeding for a violation of division (A) or (B) of this section	3595
or for an equivalent offense, the court may admit evidence on the	3596
concentration of alcohol, drugs of abuse, or a combination of them	3597
in the defendant's whole blood, blood serum or plasma, breath,	3598
urine, or other bodily substance at the time of the alleged	3599
violation as shown by chemical analysis of the substance withdrawn	3600
within two hours of the time of the alleged violation.	3601

When a person submits to a blood test at the request of a law	3602
enforcement officer under section 4511.191 of the Revised Code,	3603
only a physician, a registered nurse, or a qualified technician,	3604
chemist, or phlebotomist shall withdraw blood for the purpose of	3605
determining the alcohol, drug, or alcohol and drug content of the	3606
whole blood, blood serum, or blood plasma. This limitation does	3607
not apply to the taking of breath or urine specimens. A person	3608
authorized to withdraw blood under this division may refuse to	3609
withdraw blood under this division, if in that person's opinion,	3610
the physical welfare of the person would be endangered by the	3611
withdrawing of blood.	3612

The bodily substance withdrawn shall be analyzed in	3613
accordance with methods approved by the director of health by an	3614
individual possessing a valid permit issued by the director	3615
pursuant to section 3701.143 of the Revised Code.	3616

(2) In a criminal prosecution or juvenile court proceeding	3617
for a violation of division (A) of this section or for an	3618
equivalent offense, if there was at the time the bodily substance	3619
was withdrawn a concentration of less than the applicable	3620
concentration of alcohol specified in divisions (A)(2), (3), (4),	3621
and (5)(1)(b), (c), (d), and (e) of this section, that fact may be	3622
considered with other competent evidence in determining the guilt	3623
or innocence of the defendant. This division does not limit or	3624
affect a criminal prosecution or juvenile court proceeding for a	3625
violation of division (B) of this section or for an equivalent	3626
offense that is substantially equivalent to that division.	3627

(3) Upon the request of the person who was tested, the	3628
results of the chemical test shall be made available to the person	3629
or the person's attorney, immediately upon the completion of the	3630
chemical test analysis.	3631

The person tested may have a physician, a registered nurse,	3632
or a qualified technician, chemist, or phlebotomist of the	3633
person's own choosing administer a chemical test or tests, at the	3634
person's expense, in addition to any administered at the request	3635
of a law enforcement officer. The form to be read to the person to	3636
be tested, as required under section 4511.192 of the Revised Code,	3637
shall state that the person may have an independent test performed	3638
at the person's expense. The failure or inability to obtain an	3639
additional chemical test by a person shall not preclude the	3640
admission of evidence relating to the chemical test or tests taken	3641
at the request of a law enforcement officer.	3642

(4)(a) As used in divisions (D)(4)(b) and (c) of this	3643
section, "national highway traffic safety administration" means	3644
the national highway traffic safety administration established as	3645
an administration of the United States department of	3646
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	3647

(b) In any criminal prosecution or juvenile court proceeding	3648
for a violation of division (A) or (B) of this section, of a	3649
municipal ordinance relating to operating a vehicle while under	3650
the influence of alcohol, a drug of abuse, or alcohol and a drug	3651
of abuse, or of a municipal ordinance relating to operating a	3652
vehicle with a prohibited concentration of alcohol in the blood,	3653
breath, or urine, if a law enforcement officer has administered a	3654
field sobriety test to the operator of the vehicle involved in the	3655
violation and if it is shown by clear and convincing evidence that	3656
the officer administered the test in substantial compliance with	3657
the testing standards for any reliable, credible, and generally	3658
accepted field sobriety tests that were in effect at the time the	3659
tests were administered, including, but not limited to, any	3660
testing standards then in effect that were set by the national	3661
highway traffic safety administration, all of the following apply:	3662

(i) The officer may testify concerning the results of the	3663
field sobriety test so administered.	3664

(ii) The prosecution may introduce the results of the field	3665
sobriety test so administered as evidence in any proceedings in	3666
the criminal prosecution or juvenile court proceeding.	3667

(iii) If testimony is presented or evidence is introduced	3668
under division (D)(4)(b)(i) or (ii) of this section and if the	3669
testimony or evidence is admissible under the Rules of Evidence,	3670
the court shall admit the testimony or evidence and the trier of	3671
fact shall give it whatever weight the trier of fact considers to	3672
be appropriate.	3673

(c) Division (D)(4)(b) of this section does not limit or	3674
preclude a court, in its determination of whether the arrest of a	3675
person was supported by probable cause or its determination of any	3676
other matter in a criminal prosecution or juvenile court	3677
proceeding of a type described in that division, from considering	3678
evidence or testimony that is not otherwise disallowed by division	3679
(D)(4)(b) of this section.	3680

(E)(1) Subject to division (E)(3) of this section, in any	3681
criminal prosecution or juvenile court proceeding for a violation	3682
of division (A)(2), (3), (4), (5), (6), (7), (8), or (9)(1)(b),	3683
(c), (d), (e), (f), (g), (h), or (i) or (B)(1), (2), (3), or (4)	3684
of this section or for an equivalent offense that is substantially	3685
equivalent to any of those divisions, a laboratory report from any	3686
forensic laboratory certified by the department of health that	3687
contains an analysis of the whole blood, blood serum or plasma,	3688
breath, urine, or other bodily substance tested and that contains	3689
all of the information specified in this division shall be	3690
admitted as prima-facie evidence of the information and statements	3691
that the report contains. The laboratory report shall contain all	3692
of the following:	3693

(a) The signature, under oath, of any person who performed	3694
the analysis;	3695

(b) Any findings as to the identity and quantity of alcohol,	3696
a drug of abuse, or a combination of them that was found;	3697

(c) A copy of a notarized statement by the laboratory	3698
director or a designee of the director that contains the name of	3699
each certified analyst or test performer involved with the report,	3700
the analyst's or test performer's employment relationship with the	3701
laboratory that issued the report, and a notation that performing	3702
an analysis of the type involved is part of the analyst's or test	3703
performer's regular duties;	3704

(d) An outline of the analyst's or test performer's	3705
education, training, and experience in performing the type of	3706
analysis involved and a certification that the laboratory	3707
satisfies appropriate quality control standards in general and, in	3708
this particular analysis, under rules of the department of health.	3709

(2) Notwithstanding any other provision of law regarding the	3710
admission of evidence, a report of the type described in division	3711
(E)(1) of this section is not admissible against the defendant to	3712
whom it pertains in any proceeding, other than a preliminary	3713
hearing or a grand jury proceeding, unless the prosecutor has	3714
served a copy of the report on the defendant's attorney or, if the	3715
defendant has no attorney, on the defendant.	3716

(3) A report of the type described in division (E)(1) of this	3717
section shall not be prima-facie evidence of the contents,	3718
identity, or amount of any substance if, within seven days after	3719
the defendant to whom the report pertains or the defendant's	3720
attorney receives a copy of the report, the defendant or the	3721
defendant's attorney demands the testimony of the person who	3722
signed the report. The judge in the case may extend the seven-day	3723
time limit in the interest of justice.	3724

(F) Except as otherwise provided in this division, any	3725
physician, registered nurse, or qualified technician, chemist, or	3726
phlebotomist who withdraws blood from a person pursuant to this	3727
section, and any hospital, first-aid station, or clinic at which	3728
blood is withdrawn from a person pursuant to this section, is	3729
immune from criminal liability and civil liability based upon a	3730
claim of assault and battery or any other claim that is not a	3731
claim of malpractice, for any act performed in withdrawing blood	3732
from the person. The immunity provided in this division is not	3733
available to a person who withdraws blood if the person engages in	3734
willful or wanton misconduct.	3735

(G)(1) Whoever violates any provision of divisions (A)(1)(a)	3736
to (9)(i) or (A)(2) of this section is guilty of operating a	3737
vehicle under the influence of alcohol, a drug of abuse, or a	3738
combination of them. The court shall sentence the offender under	3739
Chapter 2929. of the Revised Code, except as otherwise authorized	3740
or required by divisions (G)(1)(a) to (e) of this section:	3741

(a) Except as otherwise provided in division (G)(1)(b), (c),	3742
(d), or (e) of this section, the offender is guilty of a	3743
misdemeanor of the first degree, and the court shall sentence the	3744
offender to all of the following:	3745

(i) If the sentence is being imposed for a violation of	3746
division (A)(1), (2), (3), (4), or (5)(a), (b), (c), (d), or (e)	3747
of this section, a mandatory jail term of three consecutive days.	3748
As used in this division, three consecutive days means seventy-two	3749
consecutive hours. The court may sentence an offender to both an	3750
intervention program and a jail term. The court may impose a jail	3751
term in addition to the three-day mandatory jail term or	3752
intervention program. However, in no case shall the cumulative	3753
jail term imposed for the offense exceed six months.	3754

The court may suspend the execution of the three-day jail	3755
term under this division if the court, in lieu of that suspended	3756
term, places the offender under a community control sanction	3757
pursuant to section 2929.25 of the Revised Code and requires the	3758
offender to attend, for three consecutive days, a drivers'	3759
intervention program certified under section 3793.10 of the	3760
Revised Code. The court also may suspend the execution of any part	3761
of the three-day jail term under this division if it places the	3762
offender under a community control sanction pursuant to section	3763
2929.25 of the Revised Code for part of the three days, requires	3764
the offender to attend for the suspended part of the term a	3765
drivers' intervention program so certified, and sentences the	3766
offender to a jail term equal to the remainder of the three	3767
consecutive days that the offender does not spend attending the	3768
program. The court may require the offender, as a condition of	3769
community control and in addition to the required attendance at a	3770
drivers' intervention program, to attend and satisfactorily	3771
complete any treatment or education programs that comply with the	3772
minimum standards adopted pursuant to Chapter 3793. of the Revised	3773
Code by the director of alcohol and drug addiction services that	3774
the operators of the drivers' intervention program determine that	3775
the offender should attend and to report periodically to the court	3776
on the offender's progress in the programs. The court also may	3777
impose on the offender any other conditions of community control	3778
that it considers necessary.	3779

(ii) If the sentence is being imposed for a violation of	3780
division (A)(6), (7), (8), or (9)(1)(f), (g), (h), or (i) or	3781
division (A)(2) of this section, except as otherwise provided in	3782
this division, a mandatory jail term of at least three consecutive	3783
days and a requirement that the offender attend, for three	3784
consecutive days, a drivers' intervention program that is	3785
certified pursuant to section 3793.10 of the Revised Code. As used	3786
in this division, three consecutive days means seventy-two	3787
consecutive hours. If the court determines that the offender is	3788
not conducive to treatment in a drivers' intervention program, if	3789
the offender refuses to attend a drivers' intervention program, or	3790
if the jail at which the offender is to serve the jail term	3791
imposed can provide a driver's intervention program, the court	3792
shall sentence the offender to a mandatory jail term of at least	3793
six consecutive days.	3794

The court may require the offender, under a community control	3795
sanction imposed under section 2929.25 of the Revised Code, to	3796
attend and satisfactorily complete any treatment or education	3797
programs that comply with the minimum standards adopted pursuant	3798
to Chapter 3793. of the Revised Code by the director of alcohol	3799
and drug addiction services, in addition to the required	3800
attendance at drivers' intervention program, that the operators of	3801
the drivers' intervention program determine that the offender	3802
should attend and to report periodically to the court on the	3803
offender's progress in the programs. The court also may impose any	3804
other conditions of community control on the offender that it	3805
considers necessary.	3806

(iii) In all cases, a fine of not less than two hundred fifty	3807
and not more than one thousand dollars;	3808

(iv) In all cases, a class five license suspension of the	3809
offender's driver's or commercial driver's license or permit or	3810
nonresident operating privilege from the range specified in	3811
division (A)(5) of section 4510.02 of the Revised Code. The court	3812
may grant limited driving privileges relative to the suspension	3813
under sections 4510.021 and 4510.13 of the Revised Code.	3814

(b) Except as otherwise provided in division (G)(1)(e) of	3815
this section, an offender who, within six years of the offense,	3816
previously has been convicted of or pleaded guilty to one	3817
violation of division (A) or (B) of this section or one other	3818
equivalent offense is guilty of a misdemeanor of the first degree.	3819
The court shall sentence the offender to all of the following:	3820

(i) If the sentence is being imposed for a violation of	3821
division (A)(1), (2), (3), (4), or (5)(a), (b), (c), (d), or (e)	3822
of this section, a mandatory jail term of ten consecutive days.	3823
The court shall impose the ten-day mandatory jail term under this	3824
division unless, subject to division (G)(3) of this section, it	3825
instead imposes a sentence under that division consisting of both	3826
a jail term and a term of house arrest with electronic monitoring,	3827
with continuous alcohol monitoring, or with both electronic	3828
monitoring and continuous alcohol monitoring. The court may impose	3829
a jail term in addition to the ten-day mandatory jail term. The	3830
cumulative jail term imposed for the offense shall not exceed six	3831
months.	3832

In addition to the jail term or the term of house arrest with	3833
electronic monitoring or continuous alcohol monitoring or both	3834
types of monitoring and jail term, the court may require the	3835
offender to attend a drivers' intervention program that is	3836
certified pursuant to section 3793.10 of the Revised Code. If the	3837
operator of the program determines that the offender is alcohol	3838
dependent, the program shall notify the court, and, subject to	3839
division (I) of this section, the court shall order the offender	3840
to obtain treatment through an alcohol and drug addiction program	3841
authorized by section 3793.02 of the Revised Code.	3842

(ii) If the sentence is being imposed for a violation of	3843
division (A)(6), (7), (8), or (9)(1)(f), (g), (h), or (i) or	3844
division (A)(2) of this section, except as otherwise provided in	3845
this division, a mandatory jail term of twenty consecutive days.	3846
The court shall impose the twenty-day mandatory jail term under	3847
this division unless, subject to division (G)(3) of this section,	3848
it instead imposes a sentence under that division consisting of	3849
both a jail term and a term of house arrest with electronic	3850
monitoring, with continuous alcohol monitoring, or with both	3851
electronic monitoring and continuous alcohol monitoring. The court	3852
may impose a jail term in addition to the twenty-day mandatory	3853
jail term. The cumulative jail term imposed for the offense shall	3854
not exceed six months.	3855

In addition to the jail term or the term of house arrest with	3856
electronic monitoring or continuous alcohol monitoring or both	3857
types of monitoring and jail term, the court may require the	3858
offender to attend a driver's intervention program that is	3859
certified pursuant to section 3793.10 of the Revised Code. If the	3860
operator of the program determines that the offender is alcohol	3861
dependent, the program shall notify the court, and, subject to	3862
division (I) of this section, the court shall order the offender	3863
to obtain treatment through an alcohol and drug addiction program	3864
authorized by section 3793.02 of the Revised Code.	3865

(iii) In all cases, notwithstanding the fines set forth in	3866
Chapter 2929. of the Revised Code, a fine of not less than three	3867
hundred fifty and not more than one thousand five hundred dollars;	3868

(iv) In all cases, a class four license suspension of the	3869
offender's driver's license, commercial driver's license,	3870
temporary instruction permit, probationary license, or nonresident	3871
operating privilege from the range specified in division (A)(4) of	3872
section 4510.02 of the Revised Code. The court may grant limited	3873
driving privileges relative to the suspension under sections	3874
4510.021 and 4510.13 of the Revised Code.	3875

(v) In all cases, if the vehicle is registered in the	3876
offender's name, immobilization of the vehicle involved in the	3877
offense for ninety days in accordance with section 4503.233 of the	3878
Revised Code and impoundment of the license plates of that vehicle	3879
for ninety days.	3880

(c) Except as otherwise provided in division (G)(1)(e) of	3881
this section, an offender who, within six years of the offense,	3882
previously has been convicted of or pleaded guilty to two	3883
violations of division (A) or (B) of this section or other	3884
equivalent offenses is guilty of a misdemeanor. The court shall	3885
sentence the offender to all of the following:	3886

(i) If the sentence is being imposed for a violation of	3887
division (A)(1), (2), (3), (4), or (5)(a), (b), (c), (d), or (e)	3888
of this section, a mandatory jail term of thirty consecutive days.	3889
The court shall impose the thirty-day mandatory jail term under	3890
this division unless, subject to division (G)(3) of this section,	3891
it instead imposes a sentence under that division consisting of	3892
both a jail term and a term of house arrest with electronic	3893
monitoring, with continuous alcohol monitoring, or with both	3894
electronic monitoring and continuous alcohol monitoring. The court	3895
may impose a jail term in addition to the thirty-day mandatory	3896
jail term. Notwithstanding the jail terms set forth in sections	3897
2929.21 to 2929.28 of the Revised Code, the additional jail term	3898
shall not exceed one year, and the cumulative jail term imposed	3899
for the offense shall not exceed one year.	3900

(ii) If the sentence is being imposed for a violation of	3901
division (A)(6), (7), (8), or (9)(1)(f), (g), (h), or (i) or	3902
division (A)(2) of this section, a mandatory jail term of sixty	3903
consecutive days. The court shall impose the sixty-day mandatory	3904
jail term under this division unless, subject to division (G)(3)	3905
of this section, it instead imposes a sentence under that division	3906
consisting of both a jail term and a term of house arrest with	3907
electronic monitoring, with continuous alcohol monitoring, or with	3908
both electronic monitoring and continuous alcohol monitoring. The	3909
court may impose a jail term in addition to the sixty-day	3910
mandatory jail term. Notwithstanding the jail terms set forth in	3911
sections 2929.21 to 2929.28 of the Revised Code, the additional	3912
jail term shall not exceed one year, and the cumulative jail term	3913
imposed for the offense shall not exceed one year.	3914

(iii) In all cases, notwithstanding the fines set forth in	3915
Chapter 2929. of the Revised Code, a fine of not less than five	3916
hundred fifty and not more than two thousand five hundred dollars;	3917

(iv) In all cases, a class three license suspension of the	3918
offender's driver's license, commercial driver's license,	3919
temporary instruction permit, probationary license, or nonresident	3920
operating privilege from the range specified in division (A)(3) of	3921
section 4510.02 of the Revised Code. The court may grant limited	3922
driving privileges relative to the suspension under sections	3923
4510.021 and 4510.13 of the Revised Code.	3924

(v) In all cases, if the vehicle is registered in the	3925
offender's name, criminal forfeiture of the vehicle involved in	3926
the offense in accordance with section 4503.234 of the Revised	3927
Code. Division (G)(6) of this section applies regarding any	3928
vehicle that is subject to an order of criminal forfeiture under	3929
this division.	3930

(vi) In all cases, participation in an alcohol and drug	3931
addiction program authorized by section 3793.02 of the Revised	3932
Code, subject to division (I) of this section.	3933

(d) Except as otherwise provided in division (G)(1)(e) of	3934
this section, an offender who, within six years of the offense,	3935
previously has been convicted of or pleaded guilty to three or	3936
morefour violations of division (A) or (B) of this section or	3937
other equivalent offenses or an offender who, within twenty years	3938
of the offense, previously has been convicted of or pleaded guilty	3939
to five or more violations of that nature is guilty of a felony of	3940
the fourth degree. The court shall sentence the offender to all of	3941
the following:	3942

(i) If the sentence is being imposed for a violation of	3943
division (A)(1), (2), (3), (4), or (5)(a), (b), (c), (d), or (e)	3944
of this section, a mandatory prison term of one, two, three, four,	3945
or five years as required by and in accordance with division	3946
(G)(2) of section 2929.13 of the Revised Code if the offender also	3947
is convicted of or also pleads guilty to a specification of the	3948
type described in section 2941.1413 of the Revised Code or, in the	3949
discretion of the court, either a mandatory term of local	3950
incarceration of sixty consecutive days in accordance with	3951
division (G)(1) of section 2929.13 of the Revised Code or a	3952
mandatory prison term of sixty consecutive days in accordance with	3953
division (G)(2) of that section if the offender is not convicted	3954
of and does not plead guilty to a specification of that type. If	3955
the court imposes a mandatory term of local incarceration, it may	3956
impose a jail term in addition to the sixty-day mandatory term,	3957
the cumulative total of the mandatory term and the jail term for	3958
the offense shall not exceed one year, and, except as provided in	3959
division (A)(1) of section 2929.13 of the Revised Code, no prison	3960
term is authorized for the offense. If the court imposes a	3961
mandatory prison term, notwithstanding division (A)(4) of section	3962
2929.14 of the Revised Code, it also may sentence the offender to	3963
a definite prison term that shall be not less than six months and	3964
not more than thirty months,and the prison terms shall be imposed	3965
as described in division (G)(2) of section 2929.13 of the Revised	3966
Code, and no term of local incarceration,. If the court imposes a	3967
mandatory prison term or mandatory prison term and additional	3968
prison term, in addition to the term or terms so imposed, the	3969
court also may sentence the offender to a community residential	3970
sanction, or nonresidentialcontrol sanction is authorized for the	3971
offense, but the offender shall serve all of the prison terms so	3972
imposed prior to serving the community control sanction.	3973

(ii) If the sentence is being imposed for a violation of	3974
division (A)(6), (7), (8), or (9)(1)(f), (g), (h), or (i) or	3975
division (A)(2) of this section, a mandatory prison term of one,	3976
two, three, four, or five years as required by and in accordance	3977
with division (G)(2) of section 2929.13 of the Revised Code if the	3978
offender also is convicted of or also pleads guilty to a	3979
specification of the type described in section 2941.1413 of the	3980
Revised Code or, in the discretion of the court, either a	3981
mandatory term of local incarceration of one hundred twenty	3982
consecutive days in accordance with division (G)(1) of section	3983
2929.13 of the Revised Code or a mandatory prison term of one	3984
hundred twenty consecutive days in accordance with division (G)(2)	3985
of that section if the offender is not convicted of and does not	3986
plead guilty to a specification of that type. If the court imposes	3987
a mandatory term of local incarceration, it may impose a jail term	3988
in addition to the one hundred twenty-day mandatory term, the	3989
cumulative total of the mandatory term and the jail term for the	3990
offense shall not exceed one year, and, except as provided in	3991
division (A)(1) of section 2929.13 of the Revised Code, no prison	3992
term is authorized for the offense. If the court imposes a	3993
mandatory prison term, notwithstanding division (A)(4) of section	3994
2929.14 of the Revised Code, it also may sentence the offender to	3995
a definite prison term that shall be not less than six months and	3996
not more than thirty months,and the prison terms shall be imposed	3997
as described in division (G)(2) of section 2929.13 of the Revised	3998
Code, and no term of local incarceration,. If the court imposes a	3999
mandatory prison term or mandatory prison term and additional	4000
prison term, in addition to the term or terms so imposed, the	4001
court also may sentence the offender to a community residential	4002
sanction, or nonresidentialcontrol sanction is authorized for the	4003
offense, but the offender shall serve all of the prison terms so	4004
imposed prior to serving the community control sanction.	4005

(iii) In all cases, notwithstanding section 2929.18 of the	4006
Revised Code, a fine of not less than eight hundred nor more than	4007
ten thousand dollars;	4008

(iv) In all cases, a class two license suspension of the	4009
offender's driver's license, commercial driver's license,	4010
temporary instruction permit, probationary license, or nonresident	4011
operating privilege from the range specified in division (A)(2) of	4012
section 4510.02 of the Revised Code. The court may grant limited	4013
driving privileges relative to the suspension under sections	4014
4510.021 and 4510.13 of the Revised Code.	4015

(v) In all cases, if the vehicle is registered in the	4016
offender's name, criminal forfeiture of the vehicle involved in	4017
the offense in accordance with section 4503.234 of the Revised	4018
Code. Division (G)(6) of this section applies regarding any	4019
vehicle that is subject to an order of criminal forfeiture under	4020
this division.	4021

(vi) In all cases, participation in an alcohol and drug	4022
addiction program authorized by section 3793.02 of the Revised	4023
Code, subject to division (I) of this section.	4024

(vii) In all cases, if the court sentences the offender to a	4025
mandatory term of local incarceration, in addition to the	4026
mandatory term, the court, pursuant to section 2929.17 of the	4027
Revised Code, may impose a term of house arrest with electronic	4028
monitoring. The term shall not commence until after the offender	4029
has served the mandatory term of local incarceration.	4030

(e) An offender who previously has been convicted of or	4031
pleaded guilty to a violation of division (A) of this section that	4032
was a felony, regardless of when the violation and the conviction	4033
or guilty plea occurred, is guilty of a felony of the third	4034
degree. The court shall sentence the offender to all of the	4035
following:	4036

(i) If the offender is being sentenced for a violation of	4037
division (A)(1), (2), (3), (4), or (5)(a), (b), (c), (d), or (e)	4038
of this section, a mandatory prison term of one, two, three, four,	4039
or five years as required by and in accordance with division	4040
(G)(2) of section 2929.13 of the Revised Code if the offender also	4041
is convicted of or also pleads guilty to a specification of the	4042
type described in section 2941.1413 of the Revised Code or a	4043
mandatory prison term of sixty consecutive days in accordance with	4044
division (G)(2) of section 2929.13 of the Revised Code if the	4045
offender is not convicted of and does not plead guilty to a	4046
specification of that type. The court may impose a prison term in	4047
addition to the sixty-day mandatory prison term. The cumulative	4048
total of thea sixty-day mandatory prison term and the additional	4049
prison term for the offense shall not exceed five years. No term	4050
of local incarceration,In addition to the mandatory prison term	4051
or mandatory prison term and additional prison term the court	4052
imposes, the court also may sentence the offender to a community	4053
residential sanction, or nonresidentialcontrol sanction is	4054
authorized for the offense, but the offender shall serve all of	4055
the prison terms so imposed prior to serving the community control	4056
sanction.	4057

(ii) If the sentence is being imposed for a violation of	4058
division (A)(6), (7), (8), or (9)(1)(f), (g), (h), or (i) or	4059
division (A)(2) of this section, a mandatory prison term of one,	4060
two, three, four, or five years as required by and in accordance	4061
with division (G)(2) of section 2929.13 of the Revised Code if the	4062
offender also is convicted of or also pleads guilty to a	4063
specification of the type described in section 2941.1413 of the	4064
Revised Code or a mandatory prison term of one hundred twenty	4065
consecutive days in accordance with division (G)(2) of section	4066
2929.13 of the Revised Code if the offender is not convicted of	4067
and does not plead guilty to a specification of that type. The	4068
court may impose a prison term in addition to the one hundred	4069
twenty-day mandatory prison term. The cumulative total of thea	4070
one hundred twenty-day mandatory prison term and the additional	4071
prison term for the offense shall not exceed five years. No term	4072
of local incarceration,In addition to the mandatory prison term	4073
or mandatory prison term and additional prison term the court	4074
imposes, the court also may sentence the offender to a community	4075
residential sanction, or nonresidentialcontrol sanction is	4076
authorized for the offense, but the offender shall serve all of	4077
the prison terms so imposed prior to serving the community control	4078
sanction.	4079

(iii) In all cases, notwithstanding section 2929.18 of the	4080
Revised Code, a fine of not less than eight hundred nor more than	4081
ten thousand dollars;	4082

(iv) In all cases, a class two license suspension of the	4083
offender's driver's license, commercial driver's license,	4084
temporary instruction permit, probationary license, or nonresident	4085
operating privilege from the range specified in division (A)(2) of	4086
section 4510.02 of the Revised Code. The court may grant limited	4087
driving privileges relative to the suspension under sections	4088
4510.021 and 4510.13 of the Revised Code.	4089

(v) In all cases, if the vehicle is registered in the	4090
offender's name, criminal forfeiture of the vehicle involved in	4091
the offense in accordance with section 4503.234 of the Revised	4092
Code. Division (G)(6) of this section applies regarding any	4093
vehicle that is subject to an order of criminal forfeiture under	4094
this division.	4095

(vi) In all cases, participation in an alcohol and drug	4096
addiction program authorized by section 3793.02 of the Revised	4097
Code, subject to division (I) of this section.	4098

(2) An offender who is convicted of or pleads guilty to a	4099
violation of division (A) of this section and who subsequently	4100
seeks reinstatement of the driver's or occupational driver's	4101
license or permit or nonresident operating privilege suspended	4102
under this section as a result of the conviction or guilty plea	4103
shall pay a reinstatement fee as provided in division (F)(2) of	4104
section 4511.191 of the Revised Code.	4105

(3) If an offender is sentenced to a jail term under division	4106
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and	4107
if, within sixty days of sentencing of the offender, the court	4108
issues a written finding on the record that, due to the	4109
unavailability of space at the jail where the offender is required	4110
to serve the term, the offender will not be able to begin serving	4111
that term within the sixty-day period following the date of	4112
sentencing, the court may impose an alternative sentence under	4113
this division that includes a term of house arrest with electronic	4114
monitoring, with continuous alcohol monitoring, or with both	4115
electronic monitoring and continuous alcohol monitoring.	4116

As an alternative to a mandatory jail term of ten consecutive	4117
days required by division (G)(1)(b)(i) of this section, the court,	4118
under this division, may sentence the offender to five consecutive	4119
days in jail and not less than eighteen consecutive days of house	4120
arrest with electronic monitoring, with continuous alcohol	4121
monitoring, or with both electronic monitoring and continuous	4122
alcohol monitoring. The cumulative total of the five consecutive	4123
days in jail and the period of house arrest with electronic	4124
monitoring, continuous alcohol monitoring, or both types of	4125
monitoring shall not exceed six months. The five consecutive days	4126
in jail do not have to be served prior to or consecutively to the	4127
period of house arrest.	4128

As an alternative to the mandatory jail term of twenty	4129
consecutive days required by division (G)(1)(b)(ii) of this	4130
section, the court, under this division, may sentence the offender	4131
to ten consecutive days in jail and not less than thirty-six	4132
consecutive days of house arrest with electronic monitoring, with	4133
continuous alcohol monitoring, or with both electronic monitoring	4134
and continuous alcohol monitoring. The cumulative total of the ten	4135
consecutive days in jail and the period of house arrest with	4136
electronic monitoring, continuous alcohol monitoring, or both	4137
types of monitoring shall not exceed six months. The ten	4138
consecutive days in jail do not have to be served prior to or	4139
consecutively to the period of house arrest.	4140

As an alternative to a mandatory jail term of thirty	4141
consecutive days required by division (G)(1)(c)(i) of this	4142
section, the court, under this division, may sentence the offender	4143
to fifteen consecutive days in jail and not less than fifty-five	4144
consecutive days of house arrest with electronic monitoring, with	4145
continuous alcohol monitoring, or with both electronic monitoring	4146
and continuous alcohol monitoring. The cumulative total of the	4147
fifteen consecutive days in jail and the period of house arrest	4148
with electronic monitoring, continuous alcohol monitoring, or both	4149
types of monitoring shall not exceed one year. The fifteen	4150
consecutive days in jail do not have to be served prior to or	4151
consecutively to the period of house arrest.	4152

As an alternative to the mandatory jail term of sixty	4153
consecutive days required by division (G)(1)(c)(ii) of this	4154
section, the court, under this division, may sentence the offender	4155
to thirty consecutive days in jail and not less than one hundred	4156
ten consecutive days of house arrest with electronic monitoring,	4157
with continuous elcohol monitoring, or with both electronic	4158
monitoring and continuous alcohol monitoring. The cumulative total	4159
of the thirty consecutive days in jail and the period of house	4160
arrest with electronic monitoring, continuous alcohol monitoring,	4161
or both types of monitoring shall not exceed one year. The thirty	4162
consecutive days in jail do not have to be served prior to or	4163
consecutively to the period of house arrest.	4164

(4) If an offender's driver's or occupational driver's	4165
license or permit or nonresident operating privilege is suspended	4166
under division (G) of this section and if section 4510.13 of the	4167
Revised Code permits the court to grant limited driving	4168
privileges, the court may grant the limited driving privileges	4169
only ifin accordance with that section. If division (A)(7) of	4170
that section requires that the court imposesimpose as one of the	4171
conditionsa condition of the privileges that the offender must	4172
display on the vehicle that is driven subject to the privileges	4173
restricted license plates that are issued under section 4503.231	4174
of the Revised Code, except as provided in division (B) of that	4175
section, the court shall impose that condition as one of the	4176
conditions of the limited driving privileges granted to the	4177
offender, except as provided in division (B) of section 4503.231	4178
of the Revised Code.	4179

(5) Fines imposed under this section for a violation of	4180
division (A) of this section shall be distributed as follows:	4181

(a) Twenty-five dollars of the fine imposed under division	4182
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	4183
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	4184
fine imposed under division (G)(1)(c)(iii), and two hundred ten	4185
dollars of the fine imposed under division (G)(1)(d)(iii) or	4186
(e)(iii) of this section shall be paid to an enforcement and	4187
education fund established by the legislative authority of the law	4188
enforcement agency in this state that primarily was responsible	4189
for the arrest of the offender, as determined by the court that	4190
imposes the fine. The agency shall use this share to pay only	4191
those costs it incurs in enforcing this section or a municipal OVI	4192
ordinance and in informing the public of the laws governing the	4193
operation of a vehicle while under the influence of alcohol, the	4194
dangers of the operation of a vehicle under the influence of	4195
alcohol, and other information relating to the operation of a	4196
vehicle under the influence of alcohol and the consumption of	4197
alcoholic beverages.	4198

(b) Fifty dollars of the fine imposed under division	4199
(G)(1)(a)(iii) of this section shall be paid to the political	4200
subdivision that pays the cost of housing the offender during the	4201
offender's term of incarceration. If the offender is being	4202
sentenced for a violation of division (A)(1), (2), (3), (4), or	4203
(5)(a), (b), (c), (d), or (e) of this section and was confined as	4204
a result of the offense prior to being sentenced for the offense	4205
but is not sentenced to a term of incarceration, the fifty dollars	4206
shall be paid to the political subdivision that paid the cost of	4207
housing the offender during that period of confinement. The	4208
political subdivision shall use the share under this division to	4209
pay or reimburse incarceration or treatment costs it incurs in	4210
housing or providing drug and alcohol treatment to persons who	4211
violate this section or a municipal OVI ordinance, costs of any	4212
immobilizing or disabling device used on the offender's vehicle,	4213
and costs of electronic house arrest equipment needed for persons	4214
who violate this section.	4215

(c) Twenty-five dollars of the fine imposed under division	4216
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	4217
division (G)(1)(b)(iii) of this section shall be deposited into	4218
the county or municipal indigent drivers' alcohol treatment fund	4219
under the control of that court, as created by the county or	4220
municipal corporation under division (N) of section 4511.191 of	4221
the Revised Code.	4222

(d) One hundred fifteen dollars of the fine imposed under	4223
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	4224
fine imposed under division (G)(1)(c)(iii), and four hundred forty	4225
dollars of the fine imposed under division (G)(1)(d)(iii) or	4226
(e)(iii) of this section shall be paid to the political	4227
subdivision that pays the cost of housing the offender during the	4228
offender's term of incarceration. The political subdivision shall	4229
use this share to pay or reimburse incarceration or treatment	4230
costs it incurs in housing or providing drug and alcohol treatment	4231
to persons who violate this section or a municipal OVI ordinance,	4232
costs for any immobilizing or disabling device used on the	4233
offender's vehicle, and costs of electronic house arrest equipment	4234
needed for persons who violate this section.	4235

(e) The balance of the fine imposed under division	4236
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	4237
section shall be disbursed as otherwise provided by law.	4238

(6) If title to a motor vehicle that is subject to an order	4239
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	4240
this section is assigned or transferred and division (B)(2) or (3)	4241
of section 4503.234 of the Revised Code applies, in addition to or	4242
independent of any other penalty established by law, the court may	4243
fine the offender the value of the vehicle as determined by	4244
publications of the national auto dealers association. The	4245
proceeds of any fine so imposed shall be distributed in accordance	4246
with division (C)(2) of that section.	4247

(7) As used in division (G) of this section, "electronic	4248
monitoring," "mandatory prison term," and "mandatory term of local	4249
incarceration" have the same meanings as in section 2929.01 of the	4250
Revised Code.	4251

(H) Whoever violates division (B) of this section is guilty	4252
of operating a vehicle after underage alcohol consumption and	4253
shall be punished as follows:	4254

(1) Except as otherwise provided in division (H)(2) of this	4255
section, the offender is guilty of a misdemeanor of the fourth	4256
degree. In addition to any other sanction imposed for the offense,	4257
the court shall impose a class six suspension of the offender's	4258
driver's license, commercial driver's license, temporary	4259
instruction permit, probationary license, or nonresident operating	4260
privilege from the range specified in division (A)(6) of section	4261
4510.02 of the Revised Code.	4262

(2) If, within one year of the offense, the offender	4263
previously has been convicted of or pleaded guilty to one or more	4264
violations of division (A) or (B) of this section or other	4265
equivalent offense offenses, the offender is guilty of a	4266
misdemeanor of the third degree. In addition to any other sanction	4267
imposed for the offense, the court shall impose a class four	4268
suspension of the offender's driver's license, commercial driver's	4269
license, temporary instruction permit, probationary license, or	4270
nonresident operating privilege from the range specified in	4271
division (A)(4) of section 4510.02 of the Revised Code.	4272

(3) If the offender also is convicted of or also pleads	4273
guilty to a specification of the type described in section	4274
2941.1414 of the Revised Code and if the court imposes a jail term	4275
for the violation of division (B) of this section, the court shall	4276
impose upon the offender an additional definite jail term pursuant	4277
to division (E) of section 2929.24 of the Revised Code.	4278

(I)(1) No court shall sentence an offender to an alcohol	4279
treatment program under this section unless the treatment program	4280
complies with the minimum standards for alcohol treatment programs	4281
adopted under Chapter 3793. of the Revised Code by the director of	4282
alcohol and drug addiction services.	4283

(2) An offender who stays in a drivers' intervention program	4284
or in an alcohol treatment program under an order issued under	4285
this section shall pay the cost of the stay in the program.	4286
However, if the court determines that an offender who stays in an	4287
alcohol treatment program under an order issued under this section	4288
is unable to pay the cost of the stay in the program, the court	4289
may order that the cost be paid from the court's indigent drivers'	4290
alcohol treatment fund.	4291

(J) If a person whose driver's or commercial driver's license	4292
or permit or nonresident operating privilege is suspended under	4293
this section files an appeal regarding any aspect of the person's	4294
trial or sentence, the appeal itself does not stay the operation	4295
of the suspension.	4296

(K) All terms defined in sectionssection 4510.01 of the	4297
Revised Code apply to this section. If the meaning of a term	4298
defined in section 4510.01 of the Revised Code conflicts with the	4299
meaning of the same term as defined in section 4501.01 or 4511.01	4300
of the Revised Code, the term as defined in section 4510.01 of the	4301
Revised Code applies to this section.	4302

(L)(1) The Ohio Traffic Rules in effect on January 1, 2004,	4303
as adopted by the supreme court under authority of section 2937.46	4304
of the Revised Code, do not apply to felony violations of this	4305
section. Subject to division (L)(2) of this section, the Rules of	4306
Criminal Procedure apply to felony violations of this section.	4307

(2) If, on or after January 1, 2004, the supreme court	4308
modifies the Ohio Traffic Rules to provide procedures to govern	4309
felony violations of this section, the modified rules shall apply	4310
to felony violations of this section.	4311

Sec. 4511.191.  (A)(1) "Physical control" has the same	4312
meaning as in section 4511.194 of the Revised Code.	4313

(2) Any person who operates a vehicle, streetcar, or	4314
trackless trolley upon a highway or any public or private property	4315
used by the public for vehicular travel or parking within this	4316
state or who is in physical control of a vehicle, streetcar, or	4317
trackless trolley shall be deemed to have given consent to a	4318
chemical test or tests of the person's whole blood, blood serum or	4319
plasma, breath, or urine to determine the alcohol, drug, or	4320
alcohol and drug content of the person's whole blood, blood serum	4321
or plasma, breath, or urine if arrested for a violation of	4322
division (A) or (B) of section 4511.19 of the Revised Code,	4323
section 4511.194 of the Revised Code or a substantially equivalent	4324
municipal ordinance, or a municipal OVI ordinance.	4325

(3) The chemical test or tests under division (A)(2) of this	4326
section shall be administered at the request of a law enforcement	4327
officer having reasonable grounds to believe the person was	4328
operating or in physical control of a vehicle, streetcar, or	4329
trackless trolley in violation of a division, section, or	4330
ordinance identified in division (A)(2) of this section. The law	4331
enforcement agency by which the officer is employed shall	4332
designate which of the tests shall be administered.	4333

(4) Any person who is dead or unconscious, or who otherwise	4334
is in a condition rendering the person incapable of refusal, shall	4335
be deemed to have consented as provided in division (A)(2) of this	4336
section, and the test or tests may be administered, subject to	4337
sections 313.12 to 313.16 of the Revised Code.	4338

(B)(1) Upon receipt of the sworn report of a law enforcement	4339
officer who arrested a person for a violation of division (A) or	4340
(B) of section 4511.19 of the Revised Code, section 4511.194 of	4341
the Revised Code or a substantially equivalent municipal	4342
ordinance, or a municipal OVI ordinance that was completed and	4343
sent to the registrar and a court pursuant to section 4511.192 of	4344
the Revised Code in regard to a person who refused to take the	4345
designated chemical test, the registrar shall enter into the	4346
registrar's records the fact that the person's driver's or	4347
commercial driver's license or permit or nonresident operating	4348
privilege was suspended by the arresting officer under this	4349
division and that section and the period of the suspension, as	4350
determined under this section. The suspension shall be subject to	4351
appeal as provided in section 4511.197 of the Revised Code. The	4352
suspension shall be for whichever of the following periods	4353
applies:	4354

(a) Except when division (B)(1)(b), (c), or (d) of this	4355
section applies and specifies a different class or length of	4356
suspension, the suspension shall be a class C suspension for the	4357
period of time specified in division (B)(3) of section 4510.02 of	4358
the Revised Code.	4359

(b) If the arrested person, within six years of the date on	4360
which the person refused the request to consent to the chemical	4361
test, had refused one previous request to consent to a chemical	4362
test, the suspension shall be a class B suspension imposed for the	4363
period of time specified in division (B)(2) of section 4510.02 of	4364
the Revised Code.	4365

(c) If the arrested person, within six years of the date on	4366
which the person refused the request to consent to the chemical	4367
test, had refused two previous requests to consent to a chemical	4368
test, the suspension shall be a class A suspension imposed for the	4369
period of time specified in division (B)(1) of section 4510.02 of	4370
the Revised Code.	4371

(d) If the arrested person, within six years of the date on	4372
which the person refused the request to consent to the chemical	4373
test, had refused three or more previous requests to consent to a	4374
chemical test, the suspension shall be for five years.	4375

(2) The registrar shall terminate a suspension of the	4376
driver's or commercial driver's license or permit of a resident or	4377
of the operating privilege of a nonresident, or a denial of a	4378
driver's or commercial driver's license or permit, imposed	4379
pursuant to division (B)(1) of this section upon receipt of notice	4380
that the person has entered a plea of guilty to, or that the	4381
person has been convicted ofafter entering a plea of no contest	4382
to, operating a vehicle in violation of section 4511.19 of the	4383
Revised Code or in violation of a municipal OVI ordinance, if the	4384
offense for which the conviction is had or the plea is entered	4385
arose from the same incident that led to the suspension or denial.	4386

The registrar shall credit against any judicial suspension of	4387
a person's driver's or commercial driver's license or permit or	4388
nonresident operating privilege imposed pursuant to section	4389
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	4390
Revised Code for a violation of a municipal OVI ordinance, any	4391
time during which the person serves a related suspension imposed	4392
pursuant to division (B)(1) of this section.	4393

(C)(1) Upon receipt of the sworn report of the law	4394
enforcement officer who arrested a person for a violation of	4395
division (A) or (B) of section 4511.19 of the Revised Code or a	4396
municipal OVI ordinance that was completed and sent to the	4397
registrar and a court pursuant to section 4511.192 of the Revised	4398
Code in regard to a person whose test results indicate that the	4399
person's whole blood, blood serum or plasma, breath, or urine	4400
contained at least the concentration of alcohol specified in	4401
division (A)(2), (3), (4), or (5)(1)(b), (c), (d), or (e) of	4402
section 4511.19 of the Revised Code, the registrar shall enter	4403
into the registrar's records the fact that the person's driver's	4404
or commercial driver's license or permit or nonresident operating	4405
privilege was suspended by the arresting officer under this	4406
division and section 4511.192 of the Revised Code and the period	4407
of the suspension, as determined under divisions (F)(1) to (4) of	4408
this section. The suspension shall be subject to appeal as	4409
provided in section 4511.197 of the Revised Code. The suspension	4410
described in this division does not apply to, and shall not be	4411
imposed upon, a person arrested for a violation of section	4412
4511.194 of the Revised Code or a substantially equivalent	4413
municipal ordinance who submits to a designated chemical test. The	4414
suspension shall be for whichever of the following periods	4415
applies:	4416

(a) Except when division (C)(1)(b), (c), or (d) of this	4417
section applies and specifies a different period, the suspension	4418
shall be a class E suspension imposed for the period of time	4419
specified in division (B)(5) of section 4510.02 of the Revised	4420
Code.	4421

(b) The suspension shall be a class C suspension for the	4422
period of time specified in division (B)(3) of section 4510.02 of	4423
the Revised Code if the person has been convicted of or pleaded	4424
guilty to, within six years of the date the test was conducted,	4425
one violation of division (A) or (B) of section 4511.19 of the	4426
Revised Code or one other equivalent offense.	4427

(c) If, within six years of the date the test was conducted,	4428
the person has been convicted of or pleaded guilty to two	4429
violations of a statute or ordinance described in division	4430
(C)(1)(b) of this section, the suspension shall be a class B	4431
suspension imposed for the period of time specified in division	4432
(B)(2) of section 4510.02 of the Revised Code.	4433

(d) If, within six years of the date the test was conducted,	4434
the person has been convicted of or pleaded guilty to more than	4435
two violations of a statute or ordinance described in division	4436
(C)(1)(b) of this section, the suspension shall be a class A	4437
suspension imposed for the period of time specified in division	4438
(B)(1) of section 4510.02 of the Revised Code.	4439

(2) The registrar shall terminate a suspension of the	4440
driver's or commercial driver's license or permit of a resident or	4441
of the operating privilege of a nonresident, or a denial of a	4442
driver's or commercial driver's license or permit, imposed	4443
pursuant to division (C)(1) of this section upon receipt of notice	4444
that the person has entered a plea of guilty to, or that the	4445
person has been convicted ofafter entering a plea of no contest	4446
to, operating a vehicle in violation of section 4511.19 of the	4447
Revised Code or in violation of a municipal OVI ordinance, if the	4448
offense for which the conviction is had or the plea is entered	4449
arose from the same incident that led to the suspension or denial.	4450

The registrar shall credit against any judicial suspension of	4451
a person's driver's or commercial driver's license or permit or	4452
nonresident operating privilege imposed pursuant to section	4453
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	4454
Revised Code for a violation of a municipal OVI ordinance, any	4455
time during which the person serves a related suspension imposed	4456
pursuant to division (C)(1) of this section.	4457

(D)(1) A suspension of a person's driver's or commercial	4458
driver's license or permit or nonresident operating privilege	4459
under this section for the time described in division (B) or (C)	4460
of this section is effective immediately from the time at which	4461
the arresting officer serves the notice of suspension upon the	4462
arrested person. Any subsequent finding that the person is not	4463
guilty of the charge that resulted in the person being requested	4464
to take the chemical test or tests under division (A) of this	4465
section does not affect the suspension.	4466

(2) If a person is arrested for operating a vehicle,	4467
streetcar, or trackless trolley in violation of division (A) or	4468
(B) of section 4511.19 of the Revised Code or a municipal OVI	4469
ordinance, or for being in physical control of a vehicle,	4470
streetcar, or trackless trolley in violation of section 4511.194	4471
of the Revised Code or a substantially equivalent municipal	4472
ordinance, regardless of whether the person's driver's or	4473
commercial driver's license or permit or nonresident operating	4474
privilege is or is not suspended under division (B) or (C) of this	4475
section or Chapter 4510. of the Revised Code, the person's initial	4476
appearance on the charge resulting from the arrest shall be held	4477
within five days of the person's arrest or the issuance of the	4478
citation to the person, subject to any continuance granted by the	4479
court pursuant to section 4511.197 of the Revised Code regarding	4480
the issues specified in that division.	4481

(E) When it finally has been determined under the procedures	4482
of this section and sections 4511.192 through 4511.197 of the	4483
Revised Code that a nonresident's privilege to operate a vehicle	4484
within this state has been suspended, the registrar shall give	4485
information in writing of the action taken to the motor vehicle	4486
administrator of the state of the person's residence and of any	4487
state in which the person has a license.	4488

(F) At the end of a suspension period under this section,	4489
under section 4511.194, section 4511.196, or division (G) of	4490
section 4511.19 of the Revised Code, or under section 4510.07 of	4491
the Revised Code for a violation of a municipal OVI ordinance and	4492
upon the request of the person whose driver's or commercial	4493
driver's license or permit was suspended and who is not otherwise	4494
subject to suspension, cancellation, or disqualification, the	4495
registrar shall return the driver's or commercial driver's license	4496
or permit to the person upon the occurrence of all of the	4497
conditions specified in divisions (F)(1) and (2) of this section:	4498

(1) A showing that the person has proof of financial	4499
responsibility, a policy of liability insurance in effect that	4500
meets the minimum standards set forth in section 4509.51 of the	4501
Revised Code, or proof, to the satisfaction of the registrar, that	4502
the person is able to respond in damages in an amount at least	4503
equal to the minimum amounts specified in section 4509.51 of the	4504
Revised Code.	4505

(2) Subject to the limitation contained in division (F)(3) of	4506
this section, payment by the person to the bureau of motor	4507
vehicles of a license reinstatement fee of four hundred	4508
twenty-five dollars, which fee shall be deposited in the state	4509
treasury and credited as follows:	4510

(a) One hundred twelve dollars and fifty cents shall be	4511
credited to the statewide treatment and prevention fund created by	4512
section 4301.30 of the Revised Code. The fund shall be used to pay	4513
the costs of driver treatment and intervention programs operated	4514
pursuant to sections 3793.02 and 3793.10 of the Revised Code. The	4515
director of alcohol and drug addiction services shall determine	4516
the share of the fund that is to be allocated to alcohol and drug	4517
addiction programs authorized by section 3793.02 of the Revised	4518
Code, and the share of the fund that is to be allocated to	4519
drivers' intervention programs authorized by section 3793.10 of	4520
the Revised Code.	4521

(b) Seventy-five dollars shall be credited to the reparations	4522
fund created by section 2743.191 of the Revised Code.	4523

(c) Thirty-seven dollars and fifty cents shall be credited to	4524
the indigent drivers alcohol treatment fund, which is hereby	4525
established. Except as otherwise provided in division (F)(2)(c) of	4526
this section, moneys in the fund shall be distributed by the	4527
department of alcohol and drug addiction services to the county	4528
indigent drivers alcohol treatment funds, the county juvenile	4529
indigent drivers alcohol treatment funds, and the municipal	4530
indigent drivers alcohol treatment funds that are required to be	4531
established by counties and municipal corporations pursuant to	4532
this section, and shall be used only to pay the cost of an alcohol	4533
and drug addiction treatment program attended by an offender or	4534
juvenile traffic offender who is ordered to attend an alcohol and	4535
drug addiction treatment program by a county, juvenile, or	4536
municipal court judge and who is determined by the county,	4537
juvenile, or municipal court judge not to have the means to pay	4538
for the person's attendance at the program or to pay the costs	4539
specified in division (H)(4) of this section in accordance with	4540
that division. Moneys in the fund that are not distributed to a	4541
county indigent drivers alcohol treatment fund, a county juvenile	4542
indigent drivers alcohol treatment fund, or a municipal indigent	4543
drivers alcohol treatment fund under division (H) of this section	4544
because the director of alcohol and drug addiction services does	4545
not have the information necessary to identify the county or	4546
municipal corporation where the offender or juvenile offender was	4547
arrested may be transferred by the director of budget and	4548
management to the statewide treatment and prevention fund created	4549
by section 4301.30 of the Revised Code, upon certification of the	4550
amount by the director of alcohol and drug addiction services.	4551

(d) Seventy-five dollars shall be credited to the Ohio	4552
rehabilitation services commission established by section 3304.12	4553
of the Revised Code, to the services for rehabilitation fund,	4554
which is hereby established. The fund shall be used to match	4555
available federal matching funds where appropriate, and for any	4556
other purpose or program of the commission to rehabilitate people	4557
with disabilities to help them become employed and independent.	4558

(e) Seventy-five dollars shall be deposited into the state	4559
treasury and credited to the drug abuse resistance education	4560
programs fund, which is hereby established, to be used by the	4561
attorney general for the purposes specified in division (L)(4) of	4562
this section.	4563

(f) Thirty dollars shall be credited to the state bureau of	4564
motor vehicles fund created by section 4501.25 of the Revised	4565
Code.	4566

(g) Twenty dollars shall be credited to the trauma and	4567
emergency medical services grants fund created by section 4513.263	4568
of the Revised Code.	4569

(3) If a person's driver's or commercial driver's license or	4570
permit is suspended under this section, under section 4511.196 or	4571
division (G) of section 4511.19 of the Revised Code, under section	4572
4510.07 of the Revised Code for a violation of a municipal OVI	4573
ordinance or under any combination of the suspensions described in	4574
division (F)(3) of this section, and if the suspensions arise from	4575
a single incident or a single set of facts and circumstances, the	4576
person is liable for payment of, and shall be required to pay to	4577
the bureau, only one reinstatement fee of four hundred twenty-five	4578
dollars. The reinstatement fee shall be distributed by the bureau	4579
in accordance with division (F)(2) of this section.	4580

(4) The attorney general shall use amounts in the drug abuse	4581
resistance education programs fund to award grants to law	4582
enforcement agencies to establish and implement drug abuse	4583
resistance education programs in public schools. Grants awarded to	4584
a law enforcement agency under this section shall be used by the	4585
agency to pay for not more than fifty per cent of the amount of	4586
the salaries of law enforcement officers who conduct drug abuse	4587
resistance education programs in public schools. The attorney	4588
general shall not use more than six per cent of the amounts the	4589
attorney general's office receives under division (F)(2)(e) of	4590
this section to pay the costs it incurs in administering the grant	4591
program established by division (F)(2)(e) of this section and in	4592
providing training and materials relating to drug abuse resistance	4593
education programs.	4594

The attorney general shall report to the governor and the	4595
general assembly each fiscal year on the progress made in	4596
establishing and implementing drug abuse resistance education	4597
programs. These reports shall include an evaluation of the	4598
effectiveness of these programs.	4599

(G) Suspension of a commercial driver's license under	4600
division (B) or (C) of this section shall be concurrent with any	4601
period of disqualification under section 3123.611 or 4506.16 of	4602
the Revised Code or any period of suspension under section 3123.58	4603
of the Revised Code. No person who is disqualified for life from	4604
holding a commercial driver's license under section 4506.16 of the	4605
Revised Code shall be issued a driver's license under Chapter	4606
4507. of the Revised Code during the period for which the	4607
commercial driver's license was suspended under division (B) or	4608
(C) of this section. No person whose commercial driver's license	4609
is suspended under division (B) or (C) of this section shall be	4610
issued a driver's license under Chapter 4507. of the Revised Code	4611
during the period of the suspension.	4612

(H)(1) Each county shall establish an indigent drivers	4613
alcohol treatment fund, each county shall establish a juvenile	4614
indigent drivers alcohol treatment fund, and each municipal	4615
corporation in which there is a municipal court shall establish an	4616
indigent drivers alcohol treatment fund. All revenue that the	4617
general assembly appropriates to the indigent drivers alcohol	4618
treatment fund for transfer to a county indigent drivers alcohol	4619
treatment fund, a county juvenile indigent drivers alcohol	4620
treatment fund, or a municipal indigent drivers alcohol treatment	4621
fund, all portions of fees that are paid under division (L) of	4622
this section and that are credited under that division to the	4623
indigent drivers alcohol treatment fund in the state treasury for	4624
a county indigent drivers alcohol treatment fund, a county	4625
juvenile indigent drivers alcohol treatment fund, or a municipal	4626
indigent drivers alcohol treatment fund, and all portions of fines	4627
that are specified for deposit into a county or municipal indigent	4628
drivers alcohol treatment fund by section 4511.193 of the Revised	4629
Code shall be deposited into that county indigent drivers alcohol	4630
treatment fund, county juvenile indigent drivers alcohol treatment	4631
fund, or municipal indigent drivers alcohol treatment fund in	4632
accordance with division (H)(2) of this section. Additionally, all	4633
portions of fines that are paid for a violation of section 4511.19	4634
of the Revised Code or of any prohibition contained in Chapter	4635
4510. of the Revised Code, and that are required under section	4636
4511.19 or any provision of Chapter 4510. of the Revised Code to	4637
be deposited into a county indigent drivers alcohol treatment fund	4638
or municipal indigent drivers alcohol treatment fund shall be	4639
deposited into the appropriate fund in accordance with the	4640
applicable division.	4641

(2) That portion of the license reinstatement fee that is	4642
paid under division (F) of this section and that is credited under	4643
that division to the indigent drivers alcohol treatment fund shall	4644
be deposited into a county indigent drivers alcohol treatment	4645
fund, a county juvenile indigent drivers alcohol treatment fund,	4646
or a municipal indigent drivers alcohol treatment fund as follows:	4647

(a) If the suspension in question was imposed under this	4648
section, that portion of the fee shall be deposited as follows:	4649

(i) If the fee is paid by a person who was charged in a	4650
county court with the violation that resulted in the suspension,	4651
the portion shall be deposited into the county indigent drivers	4652
alcohol treatment fund under the control of that court;	4653

(ii) If the fee is paid by a person who was charged in a	4654
juvenile court with the violation that resulted in the suspension,	4655
the portion shall be deposited into the county juvenile indigent	4656
drivers alcohol treatment fund established in the county served by	4657
the court;	4658

(iii) If the fee is paid by a person who was charged in a	4659
municipal court with the violation that resulted in the	4660
suspension, the portion shall be deposited into the municipal	4661
indigent drivers alcohol treatment fund under the control of that	4662
court.	4663

(b) If the suspension in question was imposed under section	4664
4511.19 of the Revised Code or under section 4510.07 of the	4665
Revised Code for a violation of a municipal OVI ordinance, that	4666
portion of the fee shall be deposited as follows:	4667

(i) If the fee is paid by a person whose license or permit	4668
was suspended by a county court, the portion shall be deposited	4669
into the county indigent drivers alcohol treatment fund under the	4670
control of that court;	4671

(ii) If the fee is paid by a person whose license or permit	4672
was suspended by a municipal court, the portion shall be deposited	4673
into the municipal indigent drivers alcohol treatment fund under	4674
the control of that court.	4675

(3) Expenditures from a county indigent drivers alcohol	4676
treatment fund, a county juvenile indigent drivers alcohol	4677
treatment fund, or a municipal indigent drivers alcohol treatment	4678
fund shall be made only upon the order of a county, juvenile, or	4679
municipal court judge and only for payment of the cost of the	4680
attendance at an alcohol and drug addiction treatment program of a	4681
person who is convicted of, or found to be a juvenile traffic	4682
offender by reason of, a violation of division (A) of section	4683
4511.19 of the Revised Code or a substantially similar municipal	4684
ordinance, who is ordered by the court to attend the alcohol and	4685
drug addiction treatment program, and who is determined by the	4686
court to be unable to pay the cost of attendance at the treatment	4687
program or for payment of the costs specified in division (H)(4)	4688
of this section in accordance with that division. The alcohol and	4689
drug addiction services board or the board of alcohol, drug	4690
addiction, and mental health services established pursuant to	4691
section 340.02 or 340.021 of the Revised Code and serving the	4692
alcohol, drug addiction, and mental health service district in	4693
which the court is located shall administer the indigent drivers	4694
alcohol treatment program of the court. When a court orders an	4695
offender or juvenile traffic offender to attend an alcohol and	4696
drug addiction treatment program, the board shall determine which	4697
program is suitable to meet the needs of the offender or juvenile	4698
traffic offender, and when a suitable program is located and space	4699
is available at the program, the offender or juvenile traffic	4700
offender shall attend the program designated by the board. A	4701
reasonable amount not to exceed five per cent of the amounts	4702
credited to and deposited into the county indigent drivers alcohol	4703
treatment fund, the county juvenile indigent drivers alcohol	4704
treatment fund, or the municipal indigent drivers alcohol	4705
treatment fund serving every court whose program is administered	4706
by that board shall be paid to the board to cover the costs it	4707
incurs in administering those indigent drivers alcohol treatment	4708
programs.	4709

(4) If a county, juvenile, or municipal court determines, in	4710
consultation with the alcohol and drug addiction services board or	4711
the board of alcohol, drug addiction, and mental health services	4712
established pursuant to section 340.02 or 340.021 of the Revised	4713
Code and serving the alcohol, drug addiction, and mental health	4714
district in which the court is located, that the funds in the	4715
county indigent drivers alcohol treatment fund, the county	4716
juvenile indigent drivers alcohol treatment fund, or the municipal	4717
indigent drivers alcohol treatment fund under the control of the	4718
court are more than sufficient to satisfy the purpose for which	4719
the fund was established, as specified in divisions (H)(1) to (3)	4720
of this section, the court may declare a surplus in the fund. If	4721
the court declares a surplus in the fund, the court may expend the	4722
amount of the surplus in the fund for alcohol and drug abuse	4723
assessment and treatment of persons who are charged in the court	4724
with committing a criminal offense or with being a delinquent	4725
child or juvenile traffic offender and in relation to whom both of	4726
the following apply:	4727

(a) The court determines that substance abuse was a	4728
contributing factor leading to the criminal or delinquent activity	4729
or the juvenile traffic offense with which the person is charged.	4730

(b) The court determines that the person is unable to pay the	4731
cost of the alcohol and drug abuse assessment and treatment for	4732
which the surplus money will be used.	4733

Sec. 4511.192.  (A) The arresting law enforcement officer	4734
shall give advice in accordance with this section to any person	4735
under arrest for a violation of division (A) or (B) of section	4736
4511.19 of the Revised Code, section 4511.194 of the Revised Code	4737
or a substantially equivalent municipal ordinance, or a municipal	4738
OVI ordinance. The officer shall give that advice in a written	4739
form that contains the information described in division (B) of	4740
this section and shall read the advice to the person. The form	4741
shall contain a statement that the form was shown to the person	4742
under arrest and read to the person by the arresting officer. One	4743
or more persons shall witness the arresting officer's reading of	4744
the form, and the witnesses shall certify to this fact by signing	4745
the form.	4746

(B) If a person is under arrest as described in division (A)	4747
of this section, before the person may be requested to submit to a	4748
chemical test or tests to determine the alcohol and drug content	4749
of the person's blood, breath, or urine, the arresting officer	4750
shall read the following form to the person:	4751

"You now are under arrest for (specifically state the offense	4752
under state law or a substantially equivalent municipal ordinance	4753
for which the person was arrested - operating a vehicle under the	4754
influence of alcohol, a drug, or a combination of them; operating	4755
a vehicle after underage alcohol consumption; or having physical	4756
control of a vehicle while under the influence).	4757

If you refuse to take any chemical test required by law, your	4758
Ohio driving privileges will be suspended immediately, and you	4759
will have to pay a fee to have the privileges reinstated. If you	4760
have a prior OVI or OVUAC conviction under state or municipal law	4761
within the preceding twenty years, you now are under arrest for	4762
state OVI, and, if you refuse to take a chemical test, you will	4763
face increased penalties if you subsequently are convicted of the	4764
state OVI.	4765

(Read this part unless the person is under arrest for solely	4766
having physical control of a vehicle while under the influence.)	4767
If you take any chemical test required by law and are found to be	4768
at or over the prohibited amount of alcohol in your blood, breath,	4769
or urine as set by law, your Ohio driving privileges will be	4770
suspended immediately, and you will have to pay a fee to have the	4771
privileges reinstated.	4772

If you take a chemical test, you may have an independent	4773
chemical test taken at your own expense."	4774

(C) If the arresting law enforcement officer does not ask a	4775
person under arrest as described in division (A) of this section	4776
to submit to a chemical test or tests under section 4511.191 of	4777
the Revised Code, the arresting officer shall seize the Ohio or	4778
out-of-state driver's or commercial driver's license or permit of	4779
the person and immediately forward it to the court in which the	4780
arrested person is to appear on the charge. If the arrested person	4781
is not in possession of the person's license or permit or it is	4782
not in the person's vehicle, the officer shall order the person to	4783
surrender it to the law enforcement agency that employs the	4784
officer within twenty-four hours after the arrest, and, upon the	4785
surrender, the agency immediately shall forward the license or	4786
permit to the court in which the person is to appear on the	4787
charge. Upon receipt of the license or permit, the court shall	4788
retain it pending the arrested person's initial appearance and any	4789
action taken under section 4511.196 of the Revised Code.	4790

(D)(1) If a law enforcement officer asks a person under	4791
arrest as described in division (A) of this section to submit to a	4792
chemical test or tests under section 4511.191 of the Revised Code,	4793
if the officer advises the person in accordance with this section	4794
of the consequences of the person's refusal or submission, and if	4795
either the person refuses to submit to the test or tests or,	4796
unless the arrest was for a violation of section 4511.194 of the	4797
Revised Code or a substantially equivalent municipal ordinance,	4798
the person submits to the test or tests and the test results	4799
indicate a prohibited concentration of alcohol in the person's	4800
whole blood, blood serum or plasma, breath, or urine at the time	4801
of the alleged offense, the arresting officer shall do all of the	4802
following:	4803

(a) On behalf of the registrar of motor vehicles, notify the	4804
person that, independent of any penalties or sanctions imposed	4805
upon the person, the person's Ohio driver's or commercial driver's	4806
license or permit or nonresident operating privilege is suspended	4807
immediately, that the suspension will last at least until the	4808
person's initial appearance on the charge, which will be held	4809
within five days after the date of the person's arrest or the	4810
issuance of a citation to the person, and that the person may	4811
appeal the suspension at the initial appearance or during the	4812
period of time ending thirty days after that initial appearance;	4813

(b) Seize the driver's or commercial driver's license or	4814
permit of the person and immediately forward it to the registrar.	4815
If the arrested person is not in possession of the person's	4816
license or permit or it is not in the person's vehicle, the	4817
officer shall order the person to surrender it to the law	4818
enforcement agency that employs the officer within twenty-four	4819
hours after the person is given notice of the suspension, and,	4820
upon the surrender, the officer's employing agency immediately	4821
shall forward the license or permit to the registrar.	4822

(c) Verify the person's current residence and, if it differs	4823
from that on the person's driver's or commercial driver's license	4824
or permit, notify the registrar of the change;	4825

(d) Send to the registrar, within forty-eight hours after the	4826
arrest of the person, a sworn report that includes all of the	4827
following statements:	4828

(i) That the officer had reasonable grounds to believe that,	4829
at the time of the arrest, the arrested person was operating a	4830
vehicle, streetcar, or trackless trolley in violation of division	4831
(A) or (B) of section 4511.19 of the Revised Code or a municipal	4832
OVI ordinance or for being in physical control of a stationary	4833
vehicle, streetcar, or trackless trolley in violation of section	4834
4511.194 of the Revised Code or a substantially equivalent	4835
municipal ordinance;	4836

(ii) That the person was arrested and charged with a	4837
violation of division (A) or (B) of section 4511.19 of the Revised	4838
Code, section 4511.194 of the Revised Code or a substantially	4839
equivalent municipal ordinance, or a municipal OVI ordinance;	4840

(iii) That the officer asked the person to take the	4841
designated chemical test or tests, advised the person in	4842
accordance with this section of the consequences of submitting to,	4843
or refusing to take, the test or tests, and gave the person the	4844
form described in division (B) of this section;	4845

(iv) That either the person refused to submit to the chemical	4846
test or tests or, unless the arrest was for a violation of section	4847
4511.194 of the Revised Code or a substantially equivalent	4848
municipal ordinance, the person submitted to the chemical test or	4849
tests and the test results indicate a prohibited concentration of	4850
alcohol in the person's whole blood, blood serum or plasma,	4851
breath, or urine at the time of the alleged offense.	4852

(2) Division (D)(1) of this section does not apply to a	4853
person who is arrested for a violation of section 4511.194 of the	4854
Revised Code or a substantially equivalent municipal ordinance,	4855
who is asked by a law enforcement officer to submit to a chemical	4856
test or tests under section 4511.191 of the Revised Code, and who	4857
submits to the test or tests, regardless of the amount of alcohol	4858
that the test results indicate is present in the person's whole	4859
blood, blood serum or plasma, breath, or urine.	4860

(E) The arresting officer shall give the officer's sworn	4861
report that is completed under this section to the arrested person	4862
at the time of the arrest, or the registrar of motor vehicles	4863
shall send the report to the person by regular first class mail as	4864
soon as possible after receipt of the report, but not later than	4865
fourteen days after receipt of it. An arresting officer may give	4866
an unsworn report to the arrested person at the time of the arrest	4867
provided the report is complete when given to the arrested person	4868
and subsequently is sworn to by the arresting officer. As soon as	4869
possible, but not later than forty-eight hours after the arrest of	4870
the person, the arresting officer shall send a copy of the sworn	4871
report to the court in which the arrested person is to appear on	4872
the charge for which the person was arrested.	4873

(F) The sworn report of an arresting officer completed under	4874
this section is prima-facie proof of the information and	4875
statements that it contains. It shall be admitted and considered	4876
as prima-facie proof of the information and statements that it	4877
contains in any appeal under section 4511.197 of the Revised Code	4878
relative to any suspension of a person's driver's or commercial	4879
driver's license or permit or nonresident operating privilege that	4880
results from the arrest covered by the report.	4881

Sec. 4511.194.  (A) As used in this section:

4882

(1) "National highway traffic safety administration" has the	4883
same meaning as in section 4511.19 of the Revised Code.	4884

(2) "Physical control" means being in the driver's position	4885
of the front seat of a vehicle or in the driver's position of a	4886
streetcar or trackless trolley and having possession of the	4887
vehicle's, streetcar's, or trackless trolley's ignition key or	4888
other ignition device.	4889

(B) No person shall be in physical control of a vehicle,	4890
streetcar, or trackless trolley while under the influence of	4891
alcohol, a drug of abuse, or a combination of them or while the	4892
person's whole blood, blood serum or plasma, breath, or urine	4893
contains at least the concentration of alcohol specified in	4894
division (A)(2), (3), (4), or (5)(1)(b), (c), (d), or (e) of	4895
section 4511.19 of the Revised Code.	4896

(C)(1) In any criminal prosecution or juvenile court	4897
proceeding for a violation of this section or a substantially	4898
equivalent municipal ordinance, if a law enforcement officer has	4899
administered a field sobriety test to the person in physical	4900
control of the vehicle involved in the violation and if it is	4901
shown by clear and convincing evidence that the officer	4902
administered the test in substantial compliance with the testing	4903
standards for any reliable, credible, and generally accepted field	4904
sobriety tests that were in effect at the time the tests were	4905
administered, including, but not limited to, any testing standards	4906
then in effect that were set by the national highway traffic	4907
safety administration, all of the following apply:	4908

(a) The officer may testify concerning the results of the	4909
field sobriety test so administered.	4910

(b) The prosecution may introduce the results of the field	4911
sobriety test so administered as evidence in any proceedings in	4912
the criminal prosecution or juvenile court proceeding.	4913

(c) If testimony is presented or evidence is introduced under	4914
division (C)(1)(a) or (b) of this section and if the testimony or	4915
evidence is admissible under the Rules of Evidence, the court	4916
shall admit the testimony or evidence, and the trier of fact shall	4917
give it whatever weight the trier of fact considers to be	4918
appropriate.	4919

(2) Division (C)(1) of this section does not limit or	4920
preclude a court, in its determination of whether the arrest of a	4921
person was supported by probable cause or its determination of any	4922
other matter in a criminal prosecution or juvenile court	4923
proceeding of a type described in that division, from considering	4924
evidence or testimony that is not otherwise disallowed by division	4925
(C)(1) of this section.	4926

(D) Whoever violates this section is guilty of having	4927
physical control of a vehicle while under the influence, a	4928
misdemeanor of the first degree. In addition to other sanctions	4929
imposed, the court may impose on the offender a class seven	4930
suspension of the offender's driver's license, commercial driver's	4931
license, temporary instruction permit, probationary license, or	4932
nonresident operating privilege from the range specified in	4933
division (A)(7) of section 4510.02 of the Revised Code.	4934

Sec. 4511.196.  (A) If a person is arrested for being in	4935
physical control of a vehicle, streetcar, or trackless trolley in	4936
violation of section 4511.194 of the Revised Code or a	4937
substantially equivalent municipal ordinance, or for operating a	4938
vehicle, streetcar, or trackless trolley in violation of division	4939
(A) or (B) of section 4511.19 of the Revised Code or a municipal	4940
OVI ordinance, regardless of whether the person's driver's or	4941
commercial driver's license or permit or nonresident operating	4942
privilege is or is not suspended under section 4511.191 of the	4943
Revised Code, the person's initial appearance on the charge	4944
resulting from the arrest shall be held within five days of the	4945
person's arrest or the issuance of the citation to the person.	4946

(B)(1) If a person is arrested as described in division (A)	4947
of this section, if the person's driver's or commercial driver's	4948
license or permit or nonresident operating privilege has been	4949
suspended under section 4511.191 of the Revised Code in relation	4950
to that arrest, if the person appeals the suspension in accordance	4951
with section 4511.197 of the Revised Code, and if the judge,	4952
magistrate, or mayor terminates the suspension in accordance with	4953
that section, the judge, magistrate, or mayor, at any time prior	4954
to adjudication on the merits of the charge resulting from the	4955
arrest, may impose a new suspension of the person's license,	4956
permit, or nonresident operating privilege, notwithstanding the	4957
termination, if the judge, magistrate, or mayor determines that	4958
the person's continued driving will be a threat to public safety.	4959

(2) If a person is arrested as described in division (A) of	4960
this section and if the person's driver's or commercial driver's	4961
license or permit or nonresident operating privilege has not been	4962
suspended under section 4511.191 of the Revised Code in relation	4963
to that arrest, the judge, magistrate, or mayor, at any time prior	4964
to the adjudication on the merits of the charge resulting from the	4965
arrest, may impose a suspension of the person's license, permit,	4966
or nonresident operating privilege if the judge, magistrate, or	4967
mayor determines that the person's continued driving will be a	4968
threat to public safety.	4969

(C) A suspension under division (B)(1) or (2) of this section	4970
shall continue until the complaint on the charge resulting from	4971
the arrest is adjudicated on the merits. A court that imposes a	4972
suspension under division (B)(2) of this section shall send the	4973
person's driver's license or permit to the registrar of motor	4974
vehicles. If the court possesses the license or permit of a person	4975
in the category described in division (B)(2) of this section and	4976
the court does not impose a suspension under that division, the	4977
court shall return the license or permit to the person if the	4978
license or permit has not otherwise been suspended or cancelled.	4979

Any time during which the person serves a suspension of the	4980
person's license, permit, or privilege that is imposed pursuant to	4981
division (B)(1) or (2) of this section shall be credited against	4982
any period of judicial suspension of the person's license, permit,	4983
or privilege that is imposed under division (G) of section 4511.19	4984
of the Revised Code or under section 4510.07 of the Revised Code	4985
for a violation of a municipal ordinance substantially equivalent	4986
to division (A) of section 4511.19 of the Revised Code.	4987

(D) If a person is arrested and charged with a violation of	4988
section 2903.08 of the Revised Code or a violation of section	4989
2903.06 of the Revised Code that is a felony offense, the judge at	4990
the person's initial appearance, preliminary hearing, or	4991
arraignment may suspend the person's driver's or commercial	4992
driver's license or permit or nonresident operating privilege if	4993
the judge determines at any of those proceedings that the person's	4994
continued driving will be a threat to public safety.	4995

A suspension imposed under this division shall continue until	4996
the indictment or information alleging the violation specified in	4997
this division is adjudicated on the merits. A court that imposes a	4998
suspension under this division shall send the person's driver's or	4999
commercial driver's license or permit to the registrar.	5000

Sec. 4511.197.  (A) If a person is arrested for operating a	5001
vehicle, streetcar, or trackless trolley in violation of division	5002
(A) or (B) of section 4511.19 of the Revised Code or a municipal	5003
OVI ordinance or for being in physical control of a vehicle,	5004
streetcar, or trackless trolley in violation of section 4511.194	5005
of the Revised Code or a substantially equivalent municipal	5006
ordinance and if the person's driver's or commercial driver's	5007
license or permit or nonresident operating privilege is suspended	5008
under section 4511.191 of the Revised Code, the person may appeal	5009
the suspension at the person's initial appearance on the charge	5010
resulting from the arrest or within the period ending thirty days	5011
after the person's initial appearance on that charge, in the court	5012
in which the person will appear on that charge. If the person	5013
appeals the suspension, the appeal itself does not stay the	5014
operation of the suspension. If the person appeals the suspension,	5015
either the person or the registrar of motor vehicles may request a	5016
continuance of the appeal, and the court may grant the	5017
continuance. The court also may continue the appeal on its own	5018
motion. Neither the request for, nor the granting of, a	5019
continuance stays the suspension that is the subject of the	5020
appeal, unless the court specifically grants a stay.	5021

(B) A person shall file an appeal under division (A) of this	5022
section in the municipal court, county court, juvenile court,	5023
mayor's court, or court of common pleas that has jurisdiction over	5024
the charge in relation to which the person was arrested.	5025

(C) If a person appeals a suspension under division (A) of	5026
this section, the scope of the appeal is limited to determining	5027
whether one or more of the following conditions have not been met:	5028

(1) Whether the arresting law enforcement officer had	5029
reasonable ground to believe the arrested person was operating a	5030
vehicle, streetcar, or trackless trolley in violation of division	5031
(A) or (B) of section 4511.19 of the Revised Code or a municipal	5032
OVI ordinance or was in physical control of a vehicle, streetcar,	5033
or trackless trolley in violation of section 4511.194 of the	5034
Revised Code or a substantially equivalent municipal ordinance and	5035
whether the arrested person was in fact placed under arrest;	5036

(2) Whether the law enforcement officer requested the	5037
arrested person to submit to the chemical test or tests designated	5038
pursuant to division (A) of section 4511.191 of the Revised Code;	5039

(3) Whether the arresting officer informed the arrested	5040
person of the consequences of refusing to be tested or of	5041
submitting to the test or tests;	5042

(4) Whichever of the following is applicable:

5043

(a) Whether the arrested person refused to submit to the	5044
chemical test or tests requested by the officer;	5045

(b) Whether the arrest was for a violation of division (A) or	5046
(B) of section 4511.19 of the Revised Code or a municipal OVI	5047
ordinance and, if it was, whether the chemical test results	5048
indicate that the arrested person's whole blood contained a	5049
concentration of eight-hundredths of one per cent or more by	5050
weight of alcohol, the person's blood serum or plasma contained a	5051
concentration of ninety-six-thousandths of one per cent or more by	5052
weight of alcohol, the person's breath contained a concentration	5053
of eight-hundredths of one gram or more by weight of alcohol per	5054
two hundred ten liters of the person's breath, or the person's	5055
urine contained a concentration of eleven-hundredths of one gram	5056
or more by weight of alcohol per one hundred milliliters of the	5057
person's urine at the time of the alleged offense.	5058

(D) A person who appeals a suspension under division (A) of	5059
this section has the burden of proving, by a preponderance of the	5060
evidence, that one or more of the conditions specified in division	5061
(C) of this section has not been met. If, during the appeal, the	5062
judge or magistrate of the court or the mayor of the mayor's court	5063
determines that all of those conditions have been met, the judge,	5064
magistrate, or mayor shall uphold the suspension, continue the	5065
suspension, and notify the registrar of motor vehicles of the	5066
decision on a form approved by the registrar.	5067

Except as otherwise provided in this section, if a suspension	5068
imposed under section 4511.191 of the Revised Code is upheld on	5069
appeal or if the subject person does not appeal the suspension	5070
under division (A) of this section, the suspension shall continue	5071
until the complaint alleging the violation for which the person	5072
was arrested and in relation to which the suspension was imposed	5073
is adjudicated on the merits or terminated pursuant to law. If the	5074
suspension was imposed under division (B)(1) of section 4511.191	5075
of the Revised Code and it is continued under this section, any	5076
subsequent finding that the person is not guilty of the charge	5077
that resulted in the person being requested to take the chemical	5078
test or tests under division (A) of section 4511.191 of the	5079
Revised Code does not terminate or otherwise affect the	5080
suspension. If the suspension was imposed under division (C) of	5081
section 4511.191 of the Revised Code in relation to an alleged	5082
misdemeanor violation of division (A) or (B) of section 4511.19 of	5083
the Revised Code or of a municipal OVI ordinance and it is	5084
continued under this section, the suspension shall terminate if,	5085
for any reason, the person subsequently is found not guilty of the	5086
charge that resulted in the person taking the chemical test or	5087
tests.	5088

If, during the appeal, the judge or magistrate of the trial	5089
court or the mayor of the mayor's court determines that one or	5090
more of the conditions specified in division (C) of this section	5091
have not been met, the judge, magistrate, or mayor shall terminate	5092
the suspension, subject to the imposition of a new suspension	5093
under division (B) of section 4511.196 of the Revised Code; shall	5094
notify the registrar of motor vehicles of the decision on a form	5095
approved by the registrar; and, except as provided in division (B)	5096
of section 4511.196 of the Revised Code, shall order the registrar	5097
to return the driver's or commercial driver's license or permit to	5098
the person or to take any other measures that may be necessary, if	5099
the license or permit was destroyed under section 4510.53 of the	5100
Revised Code, to permit the person to obtain a replacement	5101
driver's or commercial driver's license or permit from the	5102
registrar or a deputy registrar in accordance with that section.	5103
The court also shall issue to the person a court order, valid for	5104
not more than ten days from the date of issuance, granting the	5105
person operating privileges for that period.	5106

(E) Any person whose driver's or commercial driver's license	5107
or permit or nonresident operating privilege has been suspended	5108
pursuant to section 4511.191 of the Revised Code may file a	5109
petition requesting limited driving privileges in the common pleas	5110
court, municipal court, county court, mayor's court, or juvenile	5111
court with jurisdiction over the related criminal or delinquency	5112
case. The petition may be filed at any time subsequent to the date	5113
on which the arresting law enforcement officer serves the notice	5114
of suspension upon the arrested person but no later than thirty	5115
days after the arrested person's initial appearance or	5116
arraignment. Upon the making of the request, limited driving	5117
privileges may be granted under sections 4510.021 and 4510.13 of	5118
the Revised Code, regardless of whether the person appeals the	5119
suspension under this section or appeals the decision of the court	5120
on the appeal, and, if the person has so appealed the suspension	5121
or decision, regardless of whether the matter has been heard or	5122
decided by the court. The person shall pay the costs of the	5123
proceeding, notify the registrar of the filing of the petition,	5124
and send the registrar a copy of the petition.	5125

The court may not grant the person limited driving privileges	5126
when prohibited by section 4510.13 or 4511.191 of the Revised	5127
Code.	5128

(F) Any person whose driver's or commercial driver's license	5129
or permit has been suspended under section 4511.19 of the Revised	5130
Code or under section 4510.07 of the Revised Code for a conviction	5131
of a municipal OVI offense and who desires to retain the license	5132
or permit during the pendency of an appeal, at the time sentence	5133
is pronounced, shall notify the court of record or mayor's court	5134
that suspended the license or permit of the person's intention to	5135
appeal. If the person so notifies the court, the court, mayor, or	5136
clerk of the court shall retain the license or permit until the	5137
appeal is perfected, and, if execution of sentence is stayed, the	5138
license or permit shall be returned to the person to be held by	5139
the person during the pendency of the appeal. If the appeal is not	5140
perfected or is dismissed or terminated in an affirmance of the	5141
conviction, then the license or permit shall be taken up by the	5142
court, mayor, or clerk, at the time of putting the sentence into	5143
execution, and the court shall proceed in the same manner as if no	5144
appeal was taken.	5145

(G) Except as otherwise provided in this division, if a	5146
person whose driver's or commercial driver's license or permit or	5147
nonresident operating privilege was suspended under section	5148
4511.191 of the Revised Code appeals the suspension under division	5149
(A) of this section, the prosecuting attorney of the county in	5150
which the arrest occurred shall represent the registrar of motor	5151
vehicles in the appeal. If the arrest occurred within a municipal	5152
corporation within the jurisdiction of the court in which the	5153
appeal is conducted, the city director of law, village solicitor,	5154
or other chief legal officer of that municipal corporation shall	5155
represent the registrar. If the appeal is conducted in a municipal	5156
court, the registrar shall be represented as provided in section	5157
1901.34 of the Revised Code. If the appeal is conducted in a	5158
mayor's court, the city director of law, village solicitor, or	5159
other chief legal officer of the municipal corporation that	5160
operates that mayor's court shall represent the registrar.	5161

(H) The court shall give information in writing of any action	5162
taken under this section to the registrar of motor vehicles.	5163

(I) When it finally has been determined under the procedures	5164
of this section that a nonresident's privilege to operate a	5165
vehicle within this state has been suspended, the registrar of	5166
motor vehicles shall give information in writing of the action	5167
taken to the motor vehicle administrator of the state of the	5168
nonresident's residence and of any state in which the nonresident	5169
has a license.	5170

Sec. 4513.39.  (A) The state highway patrol and sheriffs or	5171
their deputies shall exercise, to the exclusion of all other peace	5172
officers except within municipal corporations and except as	5173
specified in division (B) of this section and division (E) of	5174
section 2935.03 of the Revised Code, the power to make arrests for	5175
violations on all state highways, of sections 4503.11, 4503.21,	5176
4511.14 to 4511.16, 4511.20 to 4511.23, 4511.26 to 4511.40,	5177
4511.42 to 4511.48, 4511.58, 4511.59, 4511.62 to 4511.71, 4513.03	5178
to 4513.13, 4513.15 to 4513.22, 4513.24 to 4513.34, 4549.01,	5179
4549.08 to 4549.12, and 4549.62 of the Revised Code.	5180

(B) A member of the police force of a township police	5181
district created under section 505.48 of the Revised Code, and a	5182
township constable appointed pursuant to section 509.01 of the	5183
Revised Code, who has received a certificate from the Ohio peace	5184
officer training commission under section 109.75 of the Revised	5185
Code, shall exercise the power to make arrests for violations of	5186
those sections listed in division (A) of this section, other than	5187
sections 4513.33 and 4513.34 of the Revised Code, as follows:	5188

(1) If the population of the township that created the	5189
township police district served by the member's police force or	5190
the township that is served by the township constable is sixty	5191
fifty thousand or less, the member or constable shall exercise	5192
that power on those portions of all state highways, except those	5193
highways included as part of the interstate system, as defined in	5194
section 5516.01 of the Revised Code, that are located within the	5195
township police district, in the case of a member of a township	5196
police district police force, or within the unincorporated	5197
territory of the township, in the case of a township constable;	5198

(2) If the population of the township that created the	5199
township police district served by the member's police force or	5200
the township that is served by the township constable is greater	5201
than sixtyfifty thousand, the member or constable shall exercise	5202
that power on those portions of all state highways and highways	5203
included as part of the interstate highway system, as defined in	5204
section 5516.01 of the Revised Code, that are located within the	5205
township police district, in the case of a member of a township	5206
police district police force, or within the unincorporated	5207
territory of the township, in the case of a township constable.	5208

Section 2. That existing sections 1547.11, 1901.41, 2152.19,	5209
2903.08, 2929.01, 2929.13, 2929.14, 2929.15, 2929.16, 2929.17,	5210
2929.19, 2929.24, 2929.27, 4123.54, 4507.02, 4507.05, 4510.13,	5211
4510.17, 4510.54, 4511.19, 4511.191, 4511.192, 4511.194, 4511.196,	5212
4511.197, and 4513.39 of the Revised Code are hereby repealed.	5213

Section 3. That Section 5 of Am. Sub. S.B. 123 of the 124th	5214
General Assembly be amended to read as follows:	5215

Sec. 5. (A) Notwithstanding division (B) of section 1.58 of	5216
the Revised Code, the provisions of the Revised Code amended or	5217
enacted in Sections 1 and 2 of this actAm. Sub. S.B. 123 of the	5218
124th General Assembly shall apply only in relation to conduct and	5219
offenses committed on or after January 1, 2004. Conduct and	5220
offenses committed prior to January 1, 2004, shall be governed by	5221
the law in effect on the date the conduct or offense was	5222
committed.	5223

(B)(1) Notwithstanding division (A) of this section, all of	5224
the following apply to conduct or an offense committed prior to	5225
January 1, 2004:	5226

(a) A person whose driver's or commercial driver's license,	5227
temporary instruction permit, probationary license, or nonresident	5228
operating privilege was suspended by a court may apply to the	5229
sentencing court for limited driving privileges under division (A)	5230
of section 4510.021 of the Revised Code;	5231

(b) A person whose license, permit, or privilege was	5232
suspended by the Registrar of Motor Vehicles may apply for limited	5233
driving privileges under division (B) of section 4510.021 of the	5234
Revised Code if limited driving privileges are expressly	5235
authorized by a section of the Revised Code for the type of	5236
conduct or offense that caused the suspension;	5237

(c) A person whose license, permit, or privilege was	5238
suspended, canceled, or revoked for life may file a motion for	5239
modification or termination of the suspension, cancellation, or	5240
revocation in accordance with section 4510.54 of the Revised Code.	5241

(2) The terms and conditions of any limited driving	5242
privileges granted under this section shall be governed by the law	5243
in effect on and after January 1, 2004.	5244

Section 4. That existing Section 5 of Am. Sub. S.B. 123 of	5245
the 124th General Assembly is hereby repealed.	5246

Section 5.  (A) Section 2152.19 of the Revised Code is	5247
presented in this act as a composite of the section as amended by	5248
Am. Sub. H.B. 400, Am. Sub. H.B. 490, and Am. Sub. S.B. 123, all	5249
of the 124th General Assembly, and Am. Sub. H.B. 95 and Am. Sub.	5250
S.B. 5, both of the 125th General Assembly. The General Assembly,	5251
applying the principle stated in division (B) of section 1.52 of	5252
the Revised Code that amendments are to be harmonized if	5253
reasonably capable of simultaneous operation, finds that the	5254
composite is the resulting version of the section in effect prior	5255
to the effective date of the section as presented in this act.	5256

(B) Section 4507.05 of the Revised Code is presented in this	5257
act as a composite of the section as amended by both Am. Sub. H.B.	5258
407 and Am. Sub. S.B. 123 of the 124th General Assembly. The	5259
General Assembly, applying the principle stated in division (B) of	5260
section 1.52 of the Revised Code that amendments are to be	5261
harmonized if reasonably capable of simultaneous operation, finds	5262
that the composite is the resulting version of the section in	5263
effect prior to the effective date of the section as presented in	5264
this act.	5265

(C) Section 4511.19 of the Revised Code is presented in this	5266
act as a composite of the section as amended by Am. Sub. H.B. 87	5267
of the 125th General Assembly and Am. Sub. H.B. 490 and Am. Sub.	5268
S.B. 163, both of the 124th General Assembly. The General	5269
Assembly, applying the principle stated in division (B) of section	5270
1.52 of the Revised Code that amendments are to be harmonized if	5271
reasonably capable of simultaneous operation, finds that the	5272
composite is the resulting version of the section in effect prior	5273
to the effective date of the section as presented in this act.	5274