SENATORS Goodman, Dann, Zurz, Austria, Robert Gardner, Harris, Miller

To amend sections 2152.02, 2152.17, 2152.20, 2152.21,

1

2903.06, 2903.08, 2923.162, 2929.01, 2929.13,

2

2929.14, 2929.18, 2929.21, 2929.28, 4510.021,

3

4510.12, 4510.15, 4510.16, 4510.54, 4511.01,

4

4511.251, 4511.98, and 5501.27 and to enact

5

sections 2903.081, 2941.1413, and 2941.1414 of the

6

Revised Code to expand the offenses of aggravated

7

vehicular homicide, vehicular homicide, and

8

vehicular assault to also prohibit causing death

9

or serious physical harm as a proximate result of

10

committing a reckless operation or speeding

11

violation in a construction zone when the victim

12

is any person in the construction zone and notice

13

of the prohibitions was posted; to impose a

14

five-year mandatory prison term for a conviction

15

of aggravated vehicular homicide and a peace

16

officer victim specification; to impose a

17

three-year mandatory prison term for a conviction

18

of aggravated vehicular homicide and a

19

specification of three or more OVI-related

20

violations; to increase the penalty for

21

discharging a firearm upon or over a public road

22

or highway and link the amount of the increase to

23

the injury caused, or risk of injury created, by

24

the offense; to limit the use of restitution as a

25

sanction for misdemeanor offenders and delinquent

26

children and change the terminology used regarding

27

the court's imposition of a restitution sanction;

28

to revise the effect of a restitution sanction for

29

a misdemeanor; to revise the definition of

30

"economic loss" that applies to the Delinquent

31

Child Law and the Criminal Sentencing Law; to

32

eliminate the application of the overriding

33

purposes of misdemeanor sentencing to certain

34

misdemeanor offenses; to correct errors in and

35

otherwise modify certain provisions that contain

36

some of the Ohio Criminal Sentencing Commission's

37

traffic law and misdemeanor sentencing law

38

revisions; and to declare an emergency.

39

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

Section 1. That sections 2152.02, 2152.17, 2152.20, 2152.21,	40
2903.06, 2903.08, 2923.162, 2929.01, 2929.13, 2929.14, 2929.18,	41
2929.21, 2929.28, 4510.021, 4510.12, 4510.15, 4510.16, 4510.54,	42
4511.01, 4511.251, 4511.98, and 5501.27 be amended and sections	43
2903.081, 2941.1413, and 2941.1414 of the Revised Code be enacted	44
to read as follows:	45

Sec. 2152.02.  As used in this chapter:

46

(A) "Act charged" means the act that is identified in a	47
complaint, indictment, or information alleging that a child is a	48
delinquent child.	49

(B) "Admitted to a department of youth services facility"	50
includes admission to a facility operated, or contracted for, by	51
the department and admission to a comparable facility outside this	52
state by another state or the United States.	53

(C)(1) "Child" means a person who is under eighteen years of	54
age, except as otherwise provided in divisions (C)(2) to (6) of	55
this section.	56

(2) Subject to division (C)(3) of this section, any person	57
who violates a federal or state law or a municipal ordinance prior	58
to attaining eighteen years of age shall be deemed a "child"	59
irrespective of that person's age at the time the complaint with	60
respect to that violation is filed or the hearing on the complaint	61
is held.	62

(3) Any person who, while under eighteen years of age,	63
commits an act that would be a felony if committed by an adult and	64
who is not taken into custody or apprehended for that act until	65
after the person attains twenty-one years of age is not a child in	66
relation to that act.	67

(4) Any person whose case is transferred for criminal	68
prosecution pursuant to section 2152.12 of the Revised Code shall	69
be deemed after the transfer not to be a child in the transferred	70
case.	71

(5) Any person whose case is transferred for criminal	72
prosecution pursuant to section 2152.12 of the Revised Code and	73
who subsequently is convicted of or pleads guilty to a felony in	74
that case, and any person who is adjudicated a delinquent child	75
for the commission of an act, who has a serious youthful offender	76
dispositional sentence imposed for the act pursuant to section	77
2152.13 of the Revised Code, and whose adult portion of the	78
dispositional sentence is invoked pursuant to section 2152.14 of	79
the Revised Code, shall be deemed after the transfer or invocation	80
not to be a child in any case in which a complaint is filed	81
against the person.	82

(6) The juvenile court has jurisdiction over a person who is	83
adjudicated a delinquent child or juvenile traffic offender prior	84
to attaining eighteen years of age until the person attains	85
twenty-one years of age, and, for purposes of that jurisdiction	86
related to that adjudication, except as otherwise provided in this	87
division, a person who is so adjudicated a delinquent child or	88
juvenile traffic offender shall be deemed a "child" until the	89
person attains twenty-one years of age. If a person is so	90
adjudicated a delinquent child or juvenile traffic offender and	91
the court makes a disposition of the person under this chapter, at	92
any time after the person attains eighteen years of age, the	93
places at which the person may be held under that disposition are	94
not limited to places authorized under this chapter solely for	95
confinement of children, and the person may be confined under that	96
disposition, in accordance with division (F)(2) of section 2152.26	97
of the Revised Code, in places other than those authorized under	98
this chapter solely for confinement of children.	99

(D) "Chronic truant" means any child of compulsory school age	100
who is absent without legitimate excuse for absence from the	101
public school the child is supposed to attend for seven or more	102
consecutive school days, ten or more school days in one school	103
month, or fifteen or more school days in a school year.	104

(E) "Community corrections facility," "public safety beds,"	105
"release authority," and "supervised release" have the same	106
meanings as in section 5139.01 of the Revised Code.	107

(F) "Delinquent child" includes any of the following:

108

(1) Any child, except a juvenile traffic offender, who	109
violates any law of this state or the United States, or any	110
ordinance of a political subdivision of the state, that would be	111
an offense if committed by an adult;	112

(2) Any child who violates any lawful order of the court made	113
under this chapter or under Chapter 2151. of the Revised Code	114
other than an order issued under section 2151.87 of the Revised	115
Code;	116

(3) Any child who violates division (A) of section 2923.211	117
of the Revised Code;	118

(4) Any child who is a habitual truant and who previously has	119
been adjudicated an unruly child for being a habitual truant;	120

(5) Any child who is a chronic truant.

121

(G) "Discretionary serious youthful offender" means a person	122
who is eligible for a discretionary SYO and who is not transferred	123
to adult court under a mandatory or discretionary transfer.	124

(H) "Discretionary SYO" means a case in which the juvenile	125
court, in the juvenile court's discretion, may impose a serious	126
youthful offender disposition under section 2152.13 of the Revised	127
Code.	128

(I) "Discretionary transfer" means that the juvenile court	129
has discretion to transfer a case for criminal prosecution under	130
division (B) of section 2152.12 of the Revised Code.	131

(J) "Drug abuse offense," "felony drug abuse offense," and	132
"minor drug possession offense" have the same meanings as in	133
section 2925.01 of the Revised Code.	134

(K) "Electronic monitoring" and "electronic monitoring	135
device" have the same meanings as in section 2929.01 of the	136
Revised Code.	137

(L) "Economic loss" means any economic detriment suffered by	138
a victim of a delinquent act or juvenile traffic offense as a	139
direct and proximate result of the delinquent act or juvenile	140
traffic offense and includes any loss of income due to lost time	141
at work because of any injury caused to the victim and any	142
property loss, medical cost, or funeral expense incurred as a	143
result of the delinquent act or juvenile traffic offense.	144
"Economic loss" does not include non-economic loss or any punitive	145
or exemplary damages.	146

(M) "Firearm" has the same meaning as in section 2923.11 of	147
the Revised Code.	148

(N) "Juvenile traffic offender" means any child who violates	149
any traffic law, traffic ordinance, or traffic regulation of this	150
state, the United States, or any political subdivision of this	151
state, other than a resolution, ordinance, or regulation of a	152
political subdivision of this state the violation of which is	153
required to be handled by a parking violations bureau or a joint	154
parking violations bureau pursuant to Chapter 4521. of the Revised	155
Code.	156

(O) A "legitimate excuse for absence from the public school	157
the child is supposed to attend" has the same meaning as in	158
section 2151.011 of the Revised Code.	159

(P) "Mandatory serious youthful offender" means a person who	160
is eligible for a mandatory SYO and who is not transferred to	161
adult court under a mandatory or discretionary transfer.	162

(Q) "Mandatory SYO" means a case in which the juvenile court	163
is required to impose a mandatory serious youthful offender	164
disposition under section 2152.13 of the Revised Code.	165

(R) "Mandatory transfer" means that a case is required to be	166
transferred for criminal prosecution under division (A) of section	167
2152.12 of the Revised Code.	168

(S) "Mental illness" has the same meaning as in section	169
5122.01 of the Revised Code.	170

(T) "Mentally retarded person" has the same meaning as in	171
section 5123.01 of the Revised Code.	172

(U) "Monitored time" and "repeat violent offender" have the	173
same meanings as in section 2929.01 of the Revised Code.	174

(V) "Of compulsory school age" has the same meaning as in	175
section 3321.01 of the Revised Code.	176

(W) "Public record" has the same meaning as in section 149.43	177
of the Revised Code.	178

(X) "Serious youthful offender" means a person who is	179
eligible for a mandatory SYO or discretionary SYO but who is not	180
transferred to adult court under a mandatory or discretionary	181
transfer.	182

(Y) "Sexually oriented offense," "habitual sex offender,"	183
"juvenile offender registrant," "sexual predator," "presumptive	184
registration-exempt sexually oriented offense,"	185
"registration-exempt sexually oriented offense," "child-victim	186
oriented offense," "habitual child-victim offender," and	187
"child-victim predator" have the same meanings as in section	188
2950.01 of the Revised Code.	189

(Z) "Traditional juvenile" means a case that is not	190
transferred to adult court under a mandatory or discretionary	191
transfer, that is eligible for a disposition under sections	192
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	193
that is not eligible for a disposition under section 2152.13 of	194
the Revised Code.	195

(AA) "Transfer" means the transfer for criminal prosecution	196
of a case involving the alleged commission by a child of an act	197
that would be an offense if committed by an adult from the	198
juvenile court to the appropriate court that has jurisdiction of	199
the offense.	200

(BB) "Category one offense" means any of the following:

201

(1) A violation of section 2903.01 or 2903.02 of the Revised	202
Code;	203

(2) A violation of section 2923.02 of the Revised Code	204
involving an attempt to commit aggravated murder or murder.	205

(CC) "Category two offense" means any of the following:

206

(1) A violation of section 2903.03, 2905.01, 2907.02,	207
2909.02, 2911.01, or 2911.11 of the Revised Code;	208

(2) A violation of section 2903.04 of the Revised Code that	209
is a felony of the first degree;	210

(3) A violation of section 2907.12 of the Revised Code as it	211
existed prior to September 3, 1996.	212

(DD) "Non-economic loss" means nonpecuniary harm suffered by	213
a victim of a delinquent act or juvenile traffic offense as a	214
result of or related to the delinquent act or juvenile traffic	215
offense, including, but not limited to, pain and suffering; loss	216
of society, consortium, companionship, care, assistance,	217
attention, protection, advice, guidance, counsel, instruction,	218
training, or education; mental anguish; and any other intangible	219
loss.	220

Sec. 2152.17.  (A) Subject to division (D) of this section,	221
if a child is adjudicated a delinquent child for committing an	222
act, other than a violation of section 2923.12 of the Revised	223
Code, that would be a felony if committed by an adult and if the	224
court determines that, if the child was an adult, the child would	225
be guilty of a specification of the type set forth in section	226
2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412, 2941.1413,	227
or 2941.1414 of the Revised Code, in addition to any commitment or	228
other disposition the court imposes for the underlying delinquent	229
act, all of the following apply:	230

(1) If the court determines that the child would be guilty of	231
a specification of the type set forth in section 2941.141 of the	232
Revised Code, the court may commit the child to the department of	233
youth services for the specification for a definite period of up	234
to one year.	235

(2) If the court determines that the child would be guilty of	236
a specification of the type set forth in section 2941.145 of the	237
Revised Code or if the delinquent act is a violation of division	238
(A)(1) or (2) of section 2903.06 of the Revised Code and the court	239
determines that the child would be guilty of a specification of	240
the type set forth in section 2941.1414 of the Revised Code, the	241
court shall commit the child to the department of youth services	242
for the specification for a definite period of not less than one	243
and not more than three years, and the court also shall commit the	244
child to the department for the underlying delinquent act under	245
sections 2152.11 to 2152.16 of the Revised Code.	246

(3) If the court determines that the child would be guilty of	247
a specification of the type set forth in section 2941.144,	248
2941.146, or 2941.1412 of the Revised Code or if the delinquent	249
act is a violation of division (A)(1) or (2) of section 2903.06 of	250
the Revised Code and the court determines that the child would be	251
guilty of a specification of the type set forth in section	252
2941.1413 of the Revised Code, the court shall commit the child to	253
the department of youth services for the specification for a	254
definite period of not less than one and not more than five years,	255
and the court also shall commit the child to the department for	256
the underlying delinquent act under sections 2152.11 to 2152.16 of	257
the Revised Code.	258

(B) Division (A) of this section also applies to a child who	259
is an accomplice to the same extent the firearm specifications	260
would apply to an adult accomplice in a criminal proceeding.	261

(C) If a child is adjudicated a delinquent child for	262
committing an act that would be aggravated murder, murder, or a	263
first, second, or third degree felony offense of violence if	264
committed by an adult and if the court determines that, if the	265
child was an adult, the child would be guilty of a specification	266
of the type set forth in section 2941.142 of the Revised Code in	267
relation to the act for which the child was adjudicated a	268
delinquent child, the court shall commit the child for the	269
specification to the legal custody of the department of youth	270
services for institutionalization in a secure facility for a	271
definite period of not less than one and not more than three	272
years, subject to division (D)(2) of this section, and the court	273
also shall commit the child to the department for the underlying	274
delinquent act.	275

(D)(1) If the child is adjudicated a delinquent child for	276
committing an act that would be an offense of violence that is a	277
felony if committed by an adult and is committed to the legal	278
custody of the department of youth services pursuant to division	279
(A)(1) of section 2152.16 of the Revised Code and if the court	280
determines that the child, if the child was an adult, would be	281
guilty of a specification of the type set forth in section	282
2941.1411 of the Revised Code in relation to the act for which the	283
child was adjudicated a delinquent child, the court may commit the	284
child to the custody of the department of youth services for	285
institutionalization in a secure facility for up to two years,	286
subject to division (D)(2) of this section.	287

(2) A court that imposes a period of commitment under	288
division (A) of this section is not precluded from imposing an	289
additional period of commitment under division (C) or (D)(1) of	290
this section, a court that imposes a period of commitment under	291
division (C) of this section is not precluded from imposing an	292
additional period of commitment under division (A) or (D)(1) of	293
this section, and a court that imposes a period of commitment	294
under division (D)(1) of this section is not precluded from	295
imposing an additional period of commitment under division (A) or	296
(C) of this section.	297

(E) The court shall not commit a child to the legal custody	298
of the department of youth services for a specification pursuant	299
to this section for a period that exceeds five years for any one	300
delinquent act. Any commitment imposed pursuant to division (A),	301
(B), (C), or (D)(1) of this section shall be in addition to, and	302
shall be served consecutively with and prior to, a period of	303
commitment ordered under this chapter for the underlying	304
delinquent act, and each commitment imposed pursuant to division	305
(A), (B), (C), or (D)(1) of this section shall be in addition to,	306
and shall be served consecutively with, any other period of	307
commitment imposed under those divisions. If a commitment is	308
imposed under division (A) or (B) of this section and a commitment	309
also is imposed under division (C) of this section, the period	310
imposed under division (A) or (B) of this section shall be served	311
prior to the period imposed under division (C) of this section.	312

In each case in which a court makes a disposition under this	313
section, the court retains control over the commitment for the	314
entire period of the commitment.	315

The total of all the periods of commitment imposed for any	316
specification under this section and for the underlying offense	317
shall not exceed the child's attainment of twenty-one years of	318
age.	319

(F) If a child is adjudicated a delinquent child for	320
committing two or more acts that would be felonies if committed by	321
an adult and if the court entering the delinquent child	322
adjudication orders the commitment of the child for two or more of	323
those acts to the legal custody of the department of youth	324
services for institutionalization in a secure facility pursuant to	325
section 2152.13 or 2152.16 of the Revised Code, the court may	326
order that all of the periods of commitment imposed under those	327
sections for those acts be served consecutively in the legal	328
custody of the department of youth services, provided that those	329
periods of commitment shall be in addition to and commence	330
immediately following the expiration of a period of commitment	331
that the court imposes pursuant to division (A), (B), (C), or	332
(D)(1) of this section. A court shall not commit a delinquent	333
child to the legal custody of the department of youth services	334
under this division for a period that exceeds the child's	335
attainment of twenty-one years of age.	336

(G) If a child is adjudicated a delinquent child for	337
committing an act that if committed by an adult would be	338
aggravated murder, murder, rape, felonious sexual penetration in	339
violation of former section 2907.12 of the Revised Code,	340
involuntary manslaughter, a felony of the first or second degree	341
resulting in the death of or physical harm to a person, complicity	342
in or an attempt to commit any of those offenses, or an offense	343
under an existing or former law of this state that is or was	344
substantially equivalent to any of those offenses and if the court	345
in its order of disposition for that act commits the child to the	346
custody of the department of youth services, the adjudication	347
shall be considered a conviction for purposes of a future	348
determination pursuant to Chapter 2929. of the Revised Code as to	349
whether the child, as an adult, is a repeat violent offender.	350

Sec. 2152.20.  (A) If a child is adjudicated a delinquent	351
child or a juvenile traffic offender, the court may order any of	352
the following dispositions, in addition to any other disposition	353
authorized or required by this chapter:	354

(1) Impose a fine in accordance with the following schedule:

355

(a) For an act that would be a minor misdemeanor or an	356
unclassified misdemeanor if committed by an adult, a fine not to	357
exceed fifty dollars;	358

(b) For an act that would be a misdemeanor of the fourth	359
degree if committed by an adult, a fine not to exceed one hundred	360
dollars;	361

(c) For an act that would be a misdemeanor of the third	362
degree if committed by an adult, a fine not to exceed one hundred	363
fifty dollars;	364

(d) For an act that would be a misdemeanor of the second	365
degree if committed by an adult, a fine not to exceed two hundred	366
dollars;	367

(e) For an act that would be a misdemeanor of the first	368
degree if committed by an adult, a fine not to exceed two hundred	369
fifty dollars;	370

(f) For an act that would be a felony of the fifth degree or	371
an unclassified felony if committed by an adult, a fine not to	372
exceed three hundred dollars;	373

(g) For an act that would be a felony of the fourth degree if	374
committed by an adult, a fine not to exceed four hundred dollars;	375

(h) For an act that would be a felony of the third degree if	376
committed by an adult, a fine not to exceed seven hundred fifty	377
dollars;	378

(i) For an act that would be a felony of the second degree if	379
committed by an adult, a fine not to exceed one thousand dollars;	380

(j) For an act that would be a felony of the first degree if	381
committed by an adult, a fine not to exceed one thousand five	382
hundred dollars;	383

(k) For an act that would be aggravated murder or murder if	384
committed by an adult, a fine not to exceed two thousand dollars.	385

(2) Require the child to pay costs;

386

(3) RequireUnless the child's delinquent act or juvenile	387
traffic offense would be a minor misdemeanor if committed by an	388
adult or could be disposed of by the juvenile traffic violations	389
bureau serving the court under Traffic Rule 13.1 if the court has	390
established a juvenile traffic violations bureau, require the	391
child to make restitution to the victim of the child's delinquent	392
act or juvenile traffic offense or, if the victim is deceased, to	393
a survivor of the victim in an amount based upon the victim's	394
economic loss caused by or related to the delinquent act or	395
juvenile traffic offense. Restitution requiredThe court may not	396
require a child to make restitution pursuant to this division if	397
the child's delinquent act or juvenile traffic offense would be a	398
minor misdemeanor if committed by an adult or could be disposed of	399
by the juvenile traffic violations bureau serving the court under	400
Traffic Rule 13.1 if the court has established a juvenile traffic	401
violations bureau. If the court requires restitution under this	402
division, the restitution shall be made directly to the victim in	403
open court or to the probation department that serves the	404
jurisdiction or the clerk of courts on behalf of the victim. The	405
restitution may include reimbursement to third parties, other than	406
the delinquent child's insurer, for amounts paid to the victim or	407
to any survivor of the victim for economic loss resulting from the	408
delinquent act. If reimbursement to a third party is required, the	409
reimbursement shall be made to any governmental agency to repay	410
any amounts the agency paid to the victim or any survivor of the	411
victim before any reimbursement is made to any other person.	412

Restitution requiredIf the court requires restitution under	413
this division, the restitution may be in the form of a cash	414
reimbursement paid in a lump sum or in installments, the	415
performance of repair work to restore any damaged property to its	416
original condition, the performance of a reasonable amount of	417
labor for the victim or survivor of the victim, the performance of	418
community service work, any other form of restitution devised by	419
the court, or any combination of the previously described forms of	420
restitution.	421

TheIf the court requires restitution under this division,	422
the court may base the restitution order under this division on an	423
amount recommended by the victim or survivor of the victim, the	424
delinquent child, the juvenile traffic offender, a presentence	425
investigation report, estimates or receipts indicating the cost of	426
repairing or replacing property, and any other information,	427
provided that the amount the court orders as restitution shall not	428
exceed the amount of the economic loss suffered by the victim as a	429
direct and proximate result of the delinquent act or juvenile	430
traffic offense. If the court decides to order restitution under	431
this division and the amount of the restitution is disputed by the	432
victim or survivor or by the delinquent child or juvenile traffic	433
offender, the court shall hold a hearing on the restitution. The	434
If the court requires restitution under this division, the court	435
shall determine, or order the determination of, the amount of	436
restitution to be paid by the delinquent child or juvenile traffic	437
offender. All restitution payments shall be credited against any	438
recovery of economic loss in a civil action brought by or on	439
behalf of the victim against the delinquent child or juvenile	440
traffic offender or the delinquent child's or juvenile traffic	441
offender's parent, guardian, or other custodian.	442

TheIf the court requires restitution under this division,	443
the court may order that the delinquent child or juvenile traffic	444
offender pay a surcharge, in an amount not exceeding five per cent	445
of the amount of restitution otherwise ordered under this	446
division, to the entity responsible for collecting and processing	447
the restitution payments.	448

The victim or the survivor of the victim may request that the	449
prosecuting authority file a motion, or the delinquent child or	450
juvenile traffic offender may file a motion, for modification of	451
the payment terms of any restitution ordered under this division.	452
If the court grants the motion, it may modify the payment terms as	453
it determines appropriate.	454

(4) Require the child to reimburse any or all of the costs	455
incurred for services or sanctions provided or imposed, including,	456
but not limited to, the following:	457

(a) All or part of the costs of implementing any community	458
control imposed as a disposition under section 2152.19 of the	459
Revised Code, including a supervision fee;	460

(b) All or part of the costs of confinement in a residential	461
facility described in section 2152.19 of the Revised Code or in a	462
department of youth services institution, including, but not	463
limited to, a per diem fee for room and board, the costs of	464
medical and dental treatment provided, and the costs of repairing	465
property the delinquent child damaged while so confined. The	466
amount of reimbursement ordered for a child under this division	467
shall not exceed the total amount of reimbursement the child is	468
able to pay as determined at a hearing and shall not exceed the	469
actual cost of the confinement. The court may collect any	470
reimbursement ordered under this division. If the court does not	471
order reimbursement under this division, confinement costs may be	472
assessed pursuant to a repayment policy adopted under section	473
2929.37 of the Revised Code and division (D) of section 307.93,	474
division (A) of section 341.19, division (C) of section 341.23 or	475
753.16, or division (B) of section 341.14, 753.02, 753.04,	476
2301.56, or 2947.19 of the Revised Code.	477

(B)(1) If a child is adjudicated a delinquent child for	478
violating section 2923.32 of the Revised Code, the court shall	479
enter an order of criminal forfeiture against the child in	480
accordance with divisions (B)(3), (4), (5), and (6) and (C) to (F)	481
of section 2923.32 of the Revised Code.	482

(2) Sections 2925.41 to 2925.45 of the Revised Code apply to	483
children who are adjudicated or could be adjudicated by a juvenile	484
court to be delinquent children for an act that, if committed by	485
an adult, would be a felony drug abuse offense. Subject to	486
division (B) of section 2925.42 and division (E) of section	487
2925.43 of the Revised Code, a delinquent child of that nature	488
loses any right to the possession of, and forfeits to the state	489
any right, title, and interest that the delinquent child may have	490
in, property as defined in section 2925.41 of the Revised Code and	491
further described in section 2925.42 or 2925.43 of the Revised	492
Code.	493

(3) Sections 2923.44 to 2923.47 of the Revised Code apply to	494
children who are adjudicated or could be adjudicated by a juvenile	495
court to be delinquent children for an act in violation of section	496
2923.42 of the Revised Code. Subject to division (B) of section	497
2923.44 and division (E) of section 2923.45 of the Revised Code, a	498
delinquent child of that nature loses any right to the possession	499
of, and forfeits to the state any right, title, and interest that	500
the delinquent child may have in, property as defined in section	501
2923.41 of the Revised Code and further described in section	502
2923.44 or 2923.45 of the Revised Code.	503

(C) The court may hold a hearing if necessary to determine	504
whether a child is able to pay a sanction under this section.	505

(D) If a child who is adjudicated a delinquent child is	506
indigent, the court shall consider imposing a term of community	507
service under division (A) of section 2152.19 of the Revised Code	508
in lieu of imposing a financial sanction under this section. If a	509
child who is adjudicated a delinquent child is not indigent, the	510
court may impose a term of community service under that division	511
in lieu of, or in addition to, imposing a financial sanction under	512
this section. The court may order community service for an act	513
that if committed by an adult would be a minor misdemeanor.	514

If a child fails to pay a financial sanction imposed under	515
this section, the court may impose a term of community service in	516
lieu of the sanction.	517

(E) The clerk of the court, or another person authorized by	518
law or by the court to collect a financial sanction imposed under	519
this section, may do any of the following:	520

(1) Enter into contracts with one or more public agencies or	521
private vendors for the collection of the amounts due under the	522
financial sanction, which amounts may include interest from the	523
date of imposition of the financial sanction;	524

(2) Permit payment of all, or any portion of, the financial	525
sanction in installments, by credit or debit card, by another type	526
of electronic transfer, or by any other reasonable method, within	527
any period of time, and on any terms that the court considers	528
just, except that the maximum time permitted for payment shall not	529
exceed five years. The clerk may pay any fee associated with	530
processing an electronic transfer out of public money and may	531
charge the fee to the delinquent child.	532

(3) To defray administrative costs, charge a reasonable fee	533
to a child who elects a payment plan rather than a lump sum	534
payment of a financial sanction.	535

Sec. 2152.21.  (A) Unless division (C) of this section	536
applies, if a child is adjudicated a juvenile traffic offender,	537
the court may make any of the following orders of disposition:	538

(1) Impose costs and one or more financial sanctions in	539
accordance with section 2152.20 of the Revised Code;	540

(2) Suspend the child's driver's license, probationary	541
driver's license, or temporary instruction permit for a definite	542
period not exceeding two years or suspend the registration of all	543
motor vehicles registered in the name of the child for a definite	544
period not exceeding two years. A child whose license or permit is	545
so suspended is ineligible for issuance of a license or permit	546
during the period of suspension. At the end of the period of	547
suspension, the child shall not be reissued a license or permit	548
until the child has paid any applicable reinstatement fee and	549
complied with all requirements governing license reinstatement.	550

(3) Place the child on community control;

551

(4) RequireIf the child is adjudicated a juvenile traffic	552
offender for an act other than an act that would be a minor	553
misdemeanor if committed by an adult and other than an act that	554
could be disposed of by the juvenile traffic violations bureau	555
serving the court under Traffic Rule 13.1 if the court has	556
established a juvenile traffic violations bureau, require the	557
child to make restitution for all damages caused by the child's	558
traffic violationpursuant to division (A)(3) of section 2152.20	559
of the Revised Code;	560

(5)(a) If the child is adjudicated a juvenile traffic	561
offender for committing a violation of division (A) of section	562
4511.19 of the Revised Code or of a municipal ordinance that is	563
substantially equivalent to that division, commit the child, for	564
not longer than five days, to either of the following:	565

(i) The temporary custody of a detention facility or district	566
detention facility established under section 2152.41 of the	567
Revised Code;	568

(ii) The temporary custody of any school, camp, institution,	569
or other facility for children operated in whole or in part for	570
the care of juvenile traffic offenders of that nature by the	571
county, by a district organized under section 2152.41 or 2151.65	572
or 2152.41 of the Revised Code, or by a private agency or	573
organization within the state that is authorized and qualified to	574
provide the care, treatment, or placement required.	575

(b) If an order of disposition committing a child to the	576
temporary custody of a home, school, camp, institution, or other	577
facility of that nature is made under division (A)(5)(a) of this	578
section, the length of the commitment shall not be reduced or	579
diminished as a credit for any time that the child was held in a	580
place of detention or shelter care, or otherwise was detained,	581
prior to entry of the order of disposition.	582

(6) If, after making a disposition under divisions (A)(1) to	583
(5) of this section, the court finds upon further hearing that the	584
child has failed to comply with the orders of the court and the	585
child's operation of a motor vehicle constitutes the child a	586
danger to the child and to others, the court may make any	587
disposition authorized by divisions (A)(1), (4), (5), and (8) of	588
section 2152.19 of the Revised Code, except that the child may not	589
be committed to or placed in a secure correctional facility unless	590
authorized by division (A)(5) of this section, and commitment to	591
or placement in a detention facility may not exceed twenty-four	592
hours.	593

(B) If a child is adjudicated a juvenile traffic offender for	594
violating division (A) or (B) of section 4511.19 of the Revised	595
Code, in addition to any order of disposition made under division	596
(A) of this section, the court shall impose a class six suspension	597
of the temporary instruction permit, probationary driver's	598
license, or driver's license issued to the child from the range	599
specified in division (A)(6) of section 4510.02 of the Revised	600
Code. The court, in its discretion, may terminate the suspension	601
if the child attends and satisfactorily completes a drug abuse or	602
alcohol abuse education, intervention, or treatment program	603
specified by the court. During the time the child is attending a	604
program as described in this division, the court shall retain the	605
child's temporary instruction permit, probationary driver's	606
license, or driver's license issued, and the court shall return	607
the permit or license if it terminates the suspension as described	608
in this division.	609

(C) If a child is adjudicated a juvenile traffic offender for	610
violating division (B)(1) of section 4513.263 of the Revised Code,	611
the court shall impose the appropriate fine set forth in division	612
(G) of that section. If a child is adjudicated a juvenile traffic	613
offender for violating division (B)(3) of section 4513.263 of the	614
Revised Code and if the child is sixteen years of age or older,	615
the court shall impose the fine set forth in division (G)(2) of	616
that section. If a child is adjudicated a juvenile traffic	617
offender for violating division (B)(3) of section 4513.263 of the	618
Revised Code and if the child is under sixteen years of age, the	619
court shall not impose a fine but may place the child on probation	620
or community control.	621

(D) A juvenile traffic offender is subject to sections	622
4509.01 to 4509.78 of the Revised Code.	623

Sec. 2903.06.  (A) No person, while operating or	624
participating in the operation of a motor vehicle, motorcycle,	625
snowmobile, locomotive, watercraft, or aircraft, shall cause the	626
death of another or the unlawful termination of another's	627
pregnancy in any of the following ways:	628

(1)(a) As the proximate result of committing a violation of	629
division (A) of section 4511.19 of the Revised Code or of a	630
substantially equivalent municipal ordinance;	631

(b) As the proximate result of committing a violation of	632
division (A) of section 1547.11 of the Revised Code or of a	633
substantially equivalent municipal ordinance;	634

(c) As the proximate result of committing a violation of	635
division (A)(3) of section 4561.15 of the Revised Code or of a	636
substantially equivalent municipal ordinance.	637

(2) In one of the following ways:

638

(a) Recklessly;

639

(b) As the proximate result of committing, while operating or	640
participating in the operation of a motor vehicle or motorcycle in	641
a construction zone, a reckless operation offense, provided that	642
this division applies only if the person whose death is caused or	643
whose pregnancy is unlawfully terminated is in the construction	644
zone at the time of the offender's commission of the reckless	645
operation offense in the construction zone and does not apply as	646
described in division (F) of this section.	647

(3) In one of the following ways:

648

(a) Negligently;

649

(b) As the proximate result of committing, while operating or	650
participating in the operation of a motor vehicle or motorcycle in	651
a construction zone, a speeding offense, provided that this	652
division applies only if the person whose death is caused or whose	653
pregnancy is unlawfully terminated is in the construction zone at	654
the time of the offender's commission of the speeding offense in	655
the construction zone and does not apply as described in division	656
(F) of this section.	657

(4) As the proximate result of committing a violation of any	658
provision of any section contained in Title XLV of the Revised	659
Code that is a minor misdemeanor or of a municipal ordinance that,	660
regardless of the penalty set by ordinance for the violation, is	661
substantially equivalent to any provision of any section contained	662
in Title XLV of the Revised Code that is a minor misdemeanor.	663

(B)(1) Whoever violates division (A)(1) or (2) of this	664
section is guilty of aggravated vehicular homicide and shall be	665
punished as provided in divisions (B)(2) and (3) of this section.	666

(2)(a) Except as otherwise provided in this division,	667
aggravated vehicular homicide committed in violation of division	668
(A)(1) of this section is a felony of the second degree.	669
Aggravated vehicular homicide committed in violation of division	670
(A)(1) of this section is a felony of the first degree if any of	671
the following apply:	672

(i) At the time of the offense, the offender was driving	673
under a suspension imposed under Chapter 4510. or any other	674
provision of the Revised Code.	675

(ii) The offender previously has been convicted of or pleaded	676
guilty to a violation of this section.	677

(iii) The offender previously has been convicted of or	678
pleaded guilty to any traffic-related homicide, manslaughter, or	679
assault offense.	680

(iv) The offender previously has been convicted of or pleaded	681
guilty to three or more prior violations of section 4511.19 of the	682
Revised Code or of a substantially equivalent municipal ordinance	683
within the previous six years.	684

(v) The offender previously has been convicted of or pleaded	685
guilty to three or more prior violations of division (A) of	686
section 1547.11 of the Revised Code or of a substantially	687
equivalent municipal ordinance within the previous six years.	688

(vi) The offender previously has been convicted of or pleaded	689
guilty to three or more prior violations of division (A)(3) of	690
section 4561.15 of the Revised Code or of a substantially	691
equivalent municipal ordinance within the previous six years.	692

(vii) The offender previously has been convicted of or	693
pleaded guilty to three or more violations of any combination of	694
the offenses listed in division (B)(2)(a)(iv), (v), or (vi) of	695
this section.	696

(viii) The offender previously has been convicted of or	697
pleaded guilty to a second or subsequent felony violation of	698
division (A) of section 4511.19 of the Revised Code.	699

(b) In addition to any other sanctions imposed pursuant to	700
division (B)(2)(a) of this section for aggravated vehicular	701
homicide committed in violation of division (A)(1) of this	702
section, the court shall impose upon the offender a class one	703
suspension of the offender's driver's license, commercial driver's	704
license, temporary instruction permit, probationary license, or	705
nonresident operating privilege as specified in division (A)(1) of	706
section 4510.02 of the Revised Code.	707

(3) Except as otherwise provided in this division, aggravated	708
vehicular homicide committed in violation of division (A)(2) of	709
this section is a felony of the third degree. Aggravated vehicular	710
homicide committed in violation of division (A)(2) of this section	711
is a felony of the second degree if, at the time of the offense,	712
the offender was driving under a suspension imposed under Chapter	713
4510. or any other provision of the Revised Code or if the	714
offender previously has been convicted of or pleaded guilty to a	715
violation of this section or any traffic-related homicide,	716
manslaughter, or assault offense.	717

In addition to any other sanctions imposed pursuant to this	718
division for a violation of division (A)(2) of this section, the	719
court shall impose upon the offender a class two suspension of the	720
offender's driver's license, commercial driver's license,	721
temporary instruction permit, probationary license, or nonresident	722
operating privilege from the range specified in division (A)(2) of	723
section 4510.02 of the Revised Code.	724

(C) Whoever violates division (A)(3) of this section is	725
guilty of vehicular homicide. Except as otherwise provided in this	726
division, vehicular homicide is a misdemeanor of the first degree.	727
Vehicular homicide committed in violation of division (A)(3) of	728
this section is a felony of the fourth degree if, at the time of	729
the offense, the offender was driving under a suspension or	730
revocation imposed under Chapter 4507. or any other provision of	731
the Revised Code or if the offender previously has been convicted	732
of or pleaded guilty to a violation of this section or any	733
traffic-related homicide, manslaughter, or assault offense.	734

In addition to any other sanctions imposed pursuant to this	735
division, the court shall impose upon the offender a class four	736
suspension of the offender's driver's license, commercial driver's	737
license, temporary instruction permit, probationary license, or	738
nonresident operating privilege from the range specified in	739
division (A)(4) of section 4510.02 of the Revised Code or, if the	740
offender previously has been convicted of or pleaded guilty to a	741
violation of this section or any traffic-related homicide,	742
manslaughter, or assault offense, a class three suspension of the	743
offender's driver's license, commercial driver's license,	744
temporary instruction permit, probationary license, or nonresident	745
operating privilege from the range specified in division (A)(3) of	746
that section.	747

(D) Whoever violates division (A)(4) of this section is	748
guilty of vehicular manslaughter. Except as otherwise provided in	749
this division, vehicular manslaughter is a misdemeanor of the	750
second degree. Vehicular manslaughter is a misdemeanor of the	751
first degree if, at the time of the offense, the offender was	752
driving under a suspension imposed under Chapter 4510. or any	753
other provision of the Revised Code or if the offender previously	754
has been convicted of or pleaded guilty to a violation of this	755
section or any traffic-related homicide, manslaughter, or assault	756
offense.	757

In addition to any other sanctions imposed pursuant to this	758
division, the court shall impose upon the offender a class six	759
suspension of the offender's driver's license, commercial driver's	760
license, temporary instruction permit, probationary license, or	761
nonresident operating privilege from the range specified in	762
division (A)(6) of section 4510.02 of the Revised Code or, if the	763
offender previously has been convicted of or pleaded guilty to a	764
violation of this section or any traffic-related homicide,	765
manslaughter, or assault offense, a class four suspension of the	766
offender's driver's license, commercial driver's license,	767
temporary instruction permit, probationary license, or nonresident	768
operating privilege from the range specified in division (A)(4) of	769
that section.	770

(E) The court shall impose a mandatory prison term on an	771
offender who is convicted of or pleads guilty to a violation of	772
division (A)(1) of this section. The court shall impose a	773
mandatory jail term of at least fifteen days on an offender who is	774
convicted of or pleads guilty to a misdemeanor violation of	775
division (A)(3)(b) of this section and may impose upon the	776
offender a longer jail term as authorized pursuant to section	777
2929.24 of the Revised Code. The court shall impose a mandatory	778
prison term on an offender who is convicted of or pleads guilty to	779
a violation of division (A)(2) or (3)(a) of this section or a	780
felony violation of division (A)(3)(b) of this section if either	781
of the following applies:	782

(1) The offender previously has been convicted of or pleaded	783
guilty to a violation of this section or section 2903.08 of the	784
Revised Code.	785

(2) At the time of the offense, the offender was driving	786
under suspension under Chapter 4510. or any other provision of the	787
Revised Code.	788

(F) Divisions (A)(2)(b) and (3)(b) of this section do not	789
apply in a particular construction zone unless signs of the type	790
described in section 2903.081 of the Revised Code are erected in	791
that construction zone in accordance with the guidelines and	792
design specifications established by the director of	793
transportation under section 5501.27 of the Revised Code. The	794
failure to erect signs of the type described in section 2903.081	795
of the Revised Code in a particular construction zone in	796
accordance with those guidelines and design specifications does	797
not limit or affect the application of division (A)(1), (A)(2)(a),	798
(A)(3)(a), or (A)(4) of this section in that construction zone or	799
the prosecution of any person who violates any of those divisions	800
in that construction zone.	801

(G)(1) As used in this section:

802

(a) "Mandatory prison term" hasand "mandatory jail term"	803
have the same meaningmeanings as in section 2929.01 of the	804
Revised Code.	805

(b) "Traffic-related homicide, manslaughter, or assault	806
offense" means a violation of section 2903.04 of the Revised Code	807
in circumstances in which division (D) of that section applies, a	808
violation of section 2903.06 or 2903.08 of the Revised Code, or a	809
violation of section 2903.06, 2903.07, or 2903.08 of the Revised	810
Code as they existed prior to March 23, 2000.	811

(c) "Construction zone" has the same meaning as in section	812
5501.27 of the Revised Code.	813

(d) "Reckless operation offense" means a violation of section	814
4511.20 of the Revised Code or a municipal ordinance substantially	815
equivalent to section 4511.20 of the Revised Code.	816

(e) "Speeding offense" means a violation of section 4511.21	817
of the Revised Code or a municipal ordinance pertaining to speed.	818

(2) For the purposes of this section, when a penalty or	819
suspension is enhanced because of a prior or current violation of	820
a specified law or a prior or current specified offense, the	821
reference to the violation of the specified law or the specified	822
offense includes any violation of any substantially equivalent	823
municipal ordinance, former law of this state, or current or	824
former law of another state or the United States.	825

Sec. 2903.08.  (A) No person, while operating or	826
participating in the operation of a motor vehicle, motorcycle,	827
snowmobile, locomotive, watercraft, or aircraft, shall cause	828
serious physical harm to another person or another's unborn in	829
eitherany of the following ways:	830

(1)(a) As the proximate result of committing a violation of	831
division (A) of section 4511.19 of the Revised Code or of a	832
substantially equivalent municipal ordinance;	833

(b) As the proximate result of committing a violation of	834
division (A) of section 1547.11 of the Revised Code or of a	835
substantially equivalent municipal ordinance;	836

(c) As the proximate result of committing a violation of	837
division (A)(3) of section 4561.15 of the Revised Code or of a	838
substantially equivalent municipal ordinance.	839

(2) In one of the following ways:

840

(a) As the proximate result of committing, while operating or	841
participating in the operation of a motor vehicle or motorcycle in	842
a construction zone, a reckless operation offense, provided that	843
this division applies only if the person to whom the serious	844
physical harm is caused or to whose unborn the serious physical	845
harm is caused is in the construction zone at the time of the	846
offender's commission of the reckless operation offense in the	847
construction zone and does not apply as described in division (E)	848
of this section;	849

(b) Recklessly.

850

(3) As the proximate result of committing, while operating or	851
participating in the operation of a motor vehicle or motorcycle in	852
a construction zone, a speeding offense, provided that this	853
division applies only if the person to whom the serious physical	854
harm is caused or to whose unborn the serious physical harm is	855
caused is in the construction zone at the time of the offender's	856
commission of the speeding offense in the construction zone and	857
does not apply as described in division (E) of this section.	858

(B)(1) Whoever violates division (A)(1) of this section is	859
guilty of aggravated vehicular assault. Except as otherwise	860
provided in this division, aggravated vehicular assault is a	861
felony of the third degree. Aggravated vehicular assault is a	862
felony of the second degree if any of the following apply:	863

(a) At the time of the offense, the offender was driving	864
under a suspension imposed under Chapter 4510. or any other	865
provision of the Revised Code.	866

(b) The offender previously has been convicted of or pleaded	867
guilty to a violation of this section.	868

(c) The offender previously has been convicted of or pleaded	869
guilty to any traffic-related homicide, manslaughter, or assault	870
offense.	871

(d) The offender previously has been convicted of or pleaded	872
guilty to three or more prior violations of section 4511.19 of the	873
Revised Code or a substantially equivalent municipal ordinance	874
within the previous six years.	875

(e) The offender previously has been convicted of or pleaded	876
guilty to three or more prior violations of division (A) of	877
section 1547.11 of the Revised Code or of a substantially	878
equivalent municipal ordinance within the previous six years.	879

(f) The offender previously has been convicted of or pleaded	880
guilty to three or more prior violations of division (A)(3) of	881
section 4561.15 of the Revised Code or of a substantially	882
equivalent municipal ordinance within the previous six years.	883

(g) The offender previously has been convicted of or pleaded	884
guilty to three or more prior violations of any combination of the	885
offenses listed in division (B)(1)(d), (e), or (f) of this	886
section.	887

(h) The offender previously has been convicted of or pleaded	888
guilty to a second or subsequent felony violation of division (A)	889
of section 4511.19 of the Revised Code.	890

(2) In addition to any other sanctions imposed pursuant to	891
division (B)(1) of this section, the court shall impose upon the	892
offender a class three suspension of the offender's driver's	893
license, commercial driver's license, temporary instruction	894
permit, probationary license, or nonresident operating privilege	895
from the range specified in division (A)(3) of section 4510.02 of	896
the Revised Code or, if the offender previously has been convicted	897
of or pleaded guilty to a violation of this section or any	898
traffic-related homicide, manslaughter, or assault offense, a	899
class two suspension of the offender's driver's license,	900
commercial driver's license, temporary instruction permit,	901
probationary license, or nonresident operating privilege from the	902
range specified in division (A)(2) of that section.	903

(C)(1) Whoever violates division (A)(2) or (3) of this	904
section is guilty of vehicular assault and shall be punished as	905
provided in divisions (C)(2) and (3) of this section. Except	906

(2) Except as otherwise provided in this division, vehicular	907
assault committed in violation of division (A)(2) of this section	908
is a felony of the fourth degree. Vehicular assault committed in	909
violation of division (A)(2) of this section is a felony of the	910
third degree if, at the time of the offense, the offender was	911
driving under a suspension imposed under Chapter 4510. or any	912
other provision of the Revised Code or if the offender previously	913
has been convicted of or pleaded guilty to a violation of this	914
section or any traffic-related homicide, manslaughter, or assault	915
offense.	916

In addition to any other sanctions imposed, the court shall	917
impose upon the offender a class four suspension of the offender's	918
driver's license, commercial driver's license, temporary	919
instruction permit, probationary license, or nonresident operating	920
privilege from the range specified in division (A)(4) of section	921
4510.02 of the Revised Code or, if the offender previously has	922
been convicted of or pleaded guilty to a violation of this section	923
or any traffic-related homicide, manslaughter, or assault offense,	924
a class three suspension of the offender's driver's license,	925
commercial driver's license, temporary instruction permit,	926
probationary license, or nonresident operating privilege from the	927
range specified in division (A)(3) of that section.	928

(3) Except as otherwise provided in this division, vehicular	929
assault committed in violation of division (A)(3) of this section	930
is a misdemeanor of the first degree. Vehicular assault committed	931
in violation of division (A)(3) of this section is a felony of the	932
fourth degree if, at the time of the offense, the offender was	933
driving under a suspension imposed under Chapter 4510. or any	934
other provision of the Revised Code or if the offender previously	935
has been convicted of or pleaded guilty to a violation of this	936
section or any traffic-related homicide, manslaughter, or assault	937
offense.	938

In addition to any other sanctions imposed, the court shall	939
impose upon the offender a class four suspension of the offender's	940
driver's license, commercial driver's license, temporary	941
instruction permit, probationary license, or nonresident operating	942
privilege from the range specified in division (A)(4) of section	943
4510.02 of the Revised Code or, if the offender previously has	944
been convicted of or pleaded guilty to a violation of this section	945
or any traffic-related homicide, manslaughter, or assault offense,	946
a class three suspension of the offender's driver's license,	947
commercial driver's license, temporary instruction permit,	948
probationary license, or nonresident operating privilege from the	949
range specified in division (A)(3) of section 4510.02 of the	950
Revised Code.	951

(D)(1) The court shall impose a mandatory prison term on an	952
offender who is convicted of or pleads guilty to a violation of	953
division (A)(1) of this section. The	954

(2) The court shall impose a mandatory prison term on an	955
offender who is convicted of or pleads guilty to a violation of	956
division (A)(2) of this section or a felony violation of division	957
(A)(3) of this section if either of the following applies:	958

(1)(a) The offender previously has been convicted of or	959
pleaded guilty to a violation of this section or section 2903.06	960
of the Revised Code.	961

(2)(b) At the time of the offense, the offender was driving	962
under suspension under Chapter 4510. or any other provision of the	963
Revised Code.	964

(3) The court shall impose a mandatory jail term of at least	965
seven days on an offender who is convicted of or pleads guilty to	966
a misdemeanor violation of division (A)(3) of this section and may	967
impose upon the offender a longer jail term as authorized pursuant	968
to section 2929.24 of the Revised Code.	969

(E) Divisions (A)(2)(a) and (3) of this section do not apply	970
in a particular construction zone unless signs of the type	971
described in section 2903.081 of the Revised Code are erected in	972
that construction zone in accordance with the guidelines and	973
design specifications established by the director of	974
transportation under section 5501.27 of the Revised Code. The	975
failure to erect signs of the type described in section 2903.081	976
of the Revised Code in a particular construction zone in	977
accordance with those guidelines and design specifications does	978
not limit or affect the application of division (A)(1) or (2)(b)	979
of this section in that construction zone or the prosecution of	980
any person who violates either of those divisions in that	981
construction zone.	982

(F) As used in this section:

983

(1) "Mandatory prison term" hasand "mandatory jail term"	984
have the same meaningmeanings as in section 2929.01 of the	985
Revised Code.	986

(2) "Traffic-related homicide, manslaughter, or assault	987
offense" has the same meaning as in section 2903.06 of the Revised	988
Code.	989

(3) "Construction zone" has the same meaning as in section	990
5501.27 of the Revised Code.	991

(4) "Reckless operation offense" and "speeding offense" have	992
the same meanings as in section 2903.06 of the Revised Code.	993

(F)(G) For the purposes of this section, when a penalty or	994
suspension is enhanced because of a prior or current violation of	995
a specified law or a prior or current specified offense, the	996
reference to the violation of the specified law or the specified	997
offense includes any violation of any substantially equivalent	998
municipal ordinance, former law of this state, or current or	999
former law of another state or the United States.	1000

Sec. 2903.081.  (A) As used in this section:

1001

(1) "Construction zone" has the same meaning as in section	1002
5501.27 of the Revised Code.	1003

(2) "Reckless operation offense" and "speeding offense" have	1004
the same meanings as in section 2903.06 of the Revised Code.	1005

(B) The director of transportation, board of county	1006
commissioners, or board of township trustees shall cause signs to	1007
be erected in construction zones notifying motorists of the	1008
prohibitions set forth in sections 2903.06 and 2903.08 of the	1009
Revised Code regarding the death of or injury to any person in the	1010
construction zone as a proximate result of a reckless operation	1011
offense or speeding offense in the construction zone. The	1012
prohibitions set forth in divisions (A)(2)(b) and (3)(b) of	1013
section 2903.06 and divisions (A)(2)(a) and (3) of section 2903.08	1014
of the Revised Code apply to persons who commit a reckless	1015
operation offense or speeding offense in a particular construction	1016
zone only when signs of that nature are erected in that	1017
construction zone in accordance with the guidelines and design	1018
specifications established by the director under section 5501.27	1019
of the Revised Code. The failure to erect signs of that nature in	1020
a particular construction zone in accordance with those guidelines	1021
and design specifications does not limit or affect the application	1022
of division (A)(1), (A)(2)(a), (A)(3)(a), or (A)(4) of section	1023
2903.06 or division (A)(1) or (2)(b) of section 2903.08 of the	1024
Revised Code in that construction zone or the prosecution of any	1025
person who violates either of those divisions in that construction	1026
zone.	1027

Sec. 2923.162.  (A) No person shall do any of the following:

1028

(1) Without permission from the proper officials and subject	1029
to division (B)(1) of this section, discharge a firearm upon or	1030
over a cemetery or within one hundred yards of a cemetery;	1031

(2) Subject to division (B)(2) of this section, discharge a	1032
firearm on a lawn, park, pleasure ground, orchard, or other ground	1033
appurtenant to a schoolhouse, church, or inhabited dwelling, the	1034
property of another, or a charitable institution;	1035

(3) Discharge a firearm upon or over a public road or	1036
highway.	1037

(B)(1) Division (A)(1) of this section does not apply to a	1038
person who, while on the person's own land, discharges a firearm.	1039

(2) Division (A)(2) of this section does not apply to a	1040
person who owns any type of property described in that division	1041
and who, while on the person's own enclosure, discharges a	1042
firearm.	1043

(C) Whoever violates this section is guilty of discharge of a	1044
firearm on or near prohibited premises. A violation of division	1045
(A)(1) or (2) of this section is a misdemeanor of the fourth	1046
degree. A violation of division (A)(3) of this section shall be	1047
punished as follows:	1048

(1) Except as otherwise provided in division (C)(2), (3), or	1049
(4) of this section, a violation of division (A)(3) of this	1050
section is a misdemeanor of the first degree.	1051

(2) Except as otherwise provided in division (C)(3) or (4) of	1052
this section, if the violation created a substantial risk of	1053
physical harm to any person or caused serious physical harm to	1054
property, a violation of division (A)(3) of this section is a	1055
felony of the third degree.	1056

(3) Except as otherwise provided in division (C)(4) of this	1057
section, if the violation caused physical harm to any person, a	1058
violation of division (A)(3) of this section is a felony of the	1059
second degree.	1060

(4) If the violation caused serious physical harm to any	1061
person, a violation of division (A)(3) of this section is a felony	1062
of the first degree.	1063

Sec. 2929.01.  As used in this chapter:

1064

(A)(1) "Alternative residential facility" means, subject to	1065
division (A)(2) of this section, any facility other than an	1066
offender's home or residence in which an offender is assigned to	1067
live and that satisfies all of the following criteria:	1068

(a) It provides programs through which the offender may seek	1069
or maintain employment or may receive education, training,	1070
treatment, or habilitation.	1071

(b) It has received the appropriate license or certificate	1072
for any specialized education, training, treatment, habilitation,	1073
or other service that it provides from the government agency that	1074
is responsible for licensing or certifying that type of education,	1075
training, treatment, habilitation, or service.	1076

(2) "Alternative residential facility" does not include a	1077
community-based correctional facility, jail, halfway house, or	1078
prison.	1079

(B) "Bad time" means the time by which the parole board	1080
administratively extends an offender's stated prison term or terms	1081
pursuant to section 2967.11 of the Revised Code because the parole	1082
board finds by clear and convincing evidence that the offender,	1083
while serving the prison term or terms, committed an act that is a	1084
criminal offense under the law of this state or the United States,	1085
whether or not the offender is prosecuted for the commission of	1086
that act.	1087

(C) "Basic probation supervision" means a requirement that	1088
the offender maintain contact with a person appointed to supervise	1089
the offender in accordance with sanctions imposed by the court or	1090
imposed by the parole board pursuant to section 2967.28 of the	1091
Revised Code. "Basic probation supervision" includes basic parole	1092
supervision and basic post-release control supervision.	1093

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	1094
"unit dose" have the same meanings as in section 2925.01 of the	1095
Revised Code.	1096

(E) "Community-based correctional facility" means a	1097
community-based correctional facility and program or district	1098
community-based correctional facility and program developed	1099
pursuant to sections 2301.51 to 2301.56 of the Revised Code.	1100

(F) "Community control sanction" means a sanction that is not	1101
a prison term and that is described in section 2929.15, 2929.16,	1102
2929.17, or 2929.18 of the Revised Code or a sanction that is not	1103
a jail term and that is described in section 2929.26, 2929.27, or	1104
2929.28 of the Revised Code. "Community control sanction" includes	1105
probation if the sentence involved was imposed for a felony that	1106
was committed prior to July 1, 1996, or if the sentence involved	1107
was imposed for a misdemeanor that was committed prior to January	1108
1, 2004.	1109

(G) "Controlled substance," "marihuana," "schedule I," and	1110
"schedule II" have the same meanings as in section 3719.01 of the	1111
Revised Code.	1112

(H) "Curfew" means a requirement that an offender during a	1113
specified period of time be at a designated place.	1114

(I) "Day reporting" means a sanction pursuant to which an	1115
offender is required each day to report to and leave a center or	1116
other approved reporting location at specified times in order to	1117
participate in work, education or training, treatment, and other	1118
approved programs at the center or outside the center.	1119

(J) "Deadly weapon" has the same meaning as in section	1120
2923.11 of the Revised Code.	1121

(K) "Drug and alcohol use monitoring" means a program under	1122
which an offender agrees to submit to random chemical analysis of	1123
the offender's blood, breath, or urine to determine whether the	1124
offender has ingested any alcohol or other drugs.	1125

(L) "Drug treatment program" means any program under which a	1126
person undergoes assessment and treatment designed to reduce or	1127
completely eliminate the person's physical or emotional reliance	1128
upon alcohol, another drug, or alcohol and another drug and under	1129
which the person may be required to receive assessment and	1130
treatment on an outpatient basis or may be required to reside at a	1131
facility other than the person's home or residence while	1132
undergoing assessment and treatment.	1133

(M) "Economic loss" means any economic detriment suffered by	1134
a victim as a direct and proximate result of the commission of an	1135
offense and includes any loss of income due to lost time at work	1136
because of any injury caused to the victim, and any property loss,	1137
medical cost, or funeral expense incurred as a result of the	1138
commission of the offense. "Economic loss" does not include	1139
non-economic loss or any punitive or exemplary damages.	1140

(N) "Education or training" includes study at, or in	1141
conjunction with a program offered by, a university, college, or	1142
technical college or vocational study and also includes the	1143
completion of primary school, secondary school, and literacy	1144
curricula or their equivalent.	1145

(O) "Firearm" has the same meaning as in section 2923.11 of	1146
the Revised Code.	1147

(P) "Halfway house" means a facility licensed by the division	1148
of parole and community services of the department of	1149
rehabilitation and correction pursuant to section 2967.14 of the	1150
Revised Code as a suitable facility for the care and treatment of	1151
adult offenders.	1152

(Q) "House arrest" means a period of confinement of an	1153
offender that is in the offender's home or in other premises	1154
specified by the sentencing court or by the parole board pursuant	1155
to section 2967.28 of the Revised Code and during which all of the	1156
following apply:	1157

(1) The offender is required to remain in the offender's home	1158
or other specified premises for the specified period of	1159
confinement, except for periods of time during which the offender	1160
is at the offender's place of employment or at other premises as	1161
authorized by the sentencing court or by the parole board.	1162

(2) The offender is required to report periodically to a	1163
person designated by the court or parole board.	1164

(3) The offender is subject to any other restrictions and	1165
requirements that may be imposed by the sentencing court or by the	1166
parole board.	1167

(R) "Intensive probation supervision" means a requirement	1168
that an offender maintain frequent contact with a person appointed	1169
by the court, or by the parole board pursuant to section 2967.28	1170
of the Revised Code, to supervise the offender while the offender	1171
is seeking or maintaining necessary employment and participating	1172
in training, education, and treatment programs as required in the	1173
court's or parole board's order. "Intensive probation supervision"	1174
includes intensive parole supervision and intensive post-release	1175
control supervision.	1176

(S) "Jail" means a jail, workhouse, minimum security jail, or	1177
other residential facility used for the confinement of alleged or	1178
convicted offenders that is operated by a political subdivision or	1179
a combination of political subdivisions of this state.	1180

(T) "Jail term" means the term in a jail that a sentencing	1181
court imposes or is authorized to impose pursuant to section	1182
2929.24 or 2929.25 of the Revised Code or pursuant to any other	1183
provision of the Revised Code that authorizes a term in a jail for	1184
a misdemeanor conviction.	1185

(U) "Mandatory jail term" means the term in a jail that a	1186
sentencing court is required to impose pursuant to division (G) of	1187
section 1547.99 of the Revised Code, division (E) of section	1188
2903.06 or division (D) of section 2903.08 of the Revised Code,	1189
division (B) of section 4510.14 of the Revised Code, or division	1190
(G) of section 4511.19 of the Revised Code or pursuant to any	1191
other provision of the Revised Code that requires a term in a jail	1192
for a misdemeanor conviction.	1193

(V) "Delinquent child" has the same meaning as in section	1194
2152.02 of the Revised Code.	1195

(W) "License violation report" means a report that is made by	1196
a sentencing court, or by the parole board pursuant to section	1197
2967.28 of the Revised Code, to the regulatory or licensing board	1198
or agency that issued an offender a professional license or a	1199
license or permit to do business in this state and that specifies	1200
that the offender has been convicted of or pleaded guilty to an	1201
offense that may violate the conditions under which the offender's	1202
professional license or license or permit to do business in this	1203
state was granted or an offense for which the offender's	1204
professional license or license or permit to do business in this	1205
state may be revoked or suspended.	1206

(X) "Major drug offender" means an offender who is convicted	1207
of or pleads guilty to the possession of, sale of, or offer to	1208
sell any drug, compound, mixture, preparation, or substance that	1209
consists of or contains at least one thousand grams of hashish; at	1210
least one hundred grams of crack cocaine; at least one thousand	1211
grams of cocaine that is not crack cocaine; at least two thousand	1212
five hundred unit doses or two hundred fifty grams of heroin; at	1213
least five thousand unit doses of L.S.D. or five hundred grams of	1214
L.S.D. in a liquid concentrate, liquid extract, or liquid	1215
distillate form; or at least one hundred times the amount of any	1216
other schedule I or II controlled substance other than marihuana	1217
that is necessary to commit a felony of the third degree pursuant	1218
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	1219
Code that is based on the possession of, sale of, or offer to sell	1220
the controlled substance.	1221

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

1222

(1) Subject to division (Y)(2) of this section, the term in	1223
prison that must be imposed for the offenses or circumstances set	1224
forth in divisions (F)(1) to (8) or (F)(12) to (14) of section	1225
2929.13 and division (D) of section 2929.14 of the Revised Code.	1226
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	1227
and 2925.11 of the Revised Code, unless the maximum or another	1228
specific term is required under section 2929.14 of the Revised	1229
Code, a mandatory prison term described in this division may be	1230
any prison term authorized for the level of offense.	1231

(2) The term of sixty or one hundred twenty days in prison	1232
that a sentencing court is required to impose for a third or	1233
fourth degree felony OVI offense pursuant to division (G)(2) of	1234
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	1235
of the Revised Code.	1236

(3) The term in prison imposed pursuant to section 2971.03 of	1237
the Revised Code for the offenses and in the circumstances	1238
described in division (F)(11) of section 2929.13 of the Revised	1239
Code and that term as modified or terminated pursuant to section	1240
2971.05 of the Revised Code.	1241

(Z) "Monitored time" means a period of time during which an	1242
offender continues to be under the control of the sentencing court	1243
or parole board, subject to no conditions other than leading a	1244
law-abiding life.	1245

(AA) "Offender" means a person who, in this state, is	1246
convicted of or pleads guilty to a felony or a misdemeanor.	1247

(BB) "Prison" means a residential facility used for the	1248
confinement of convicted felony offenders that is under the	1249
control of the department of rehabilitation and correction but	1250
does not include a violation sanction center operated under	1251
authority of section 2967.141 of the Revised Code.	1252

(CC) "Prison term" includes any of the following sanctions	1253
for an offender:	1254

(1) A stated prison term;

1255

(2) A term in a prison shortened by, or with the approval of,	1256
the sentencing court pursuant to section 2929.20, 2967.26,	1257
5120.031, 5120.032, or 5120.073 of the Revised Code;	1258

(3) A term in prison extended by bad time imposed pursuant to	1259
section 2967.11 of the Revised Code or imposed for a violation of	1260
post-release control pursuant to section 2967.28 of the Revised	1261
Code.	1262

(DD) "Repeat violent offender" means a person about whom both	1263
of the following apply:	1264

(1) The person has been convicted of or has pleaded guilty	1265
to, and is being sentenced for committing, for complicity in	1266
committing, or for an attempt to commit, aggravated murder,	1267
murder, involuntary manslaughter, a felony of the first degree	1268
other than one set forth in Chapter 2925. of the Revised Code, a	1269
felony of the first degree set forth in Chapter 2925. of the	1270
Revised Code that involved an attempt to cause serious physical	1271
harm to a person or that resulted in serious physical harm to a	1272
person, or a felony of the second degree that involved an attempt	1273
to cause serious physical harm to a person or that resulted in	1274
serious physical harm to a person.	1275

(2) Either of the following applies:

1276

(a) The person previously was convicted of or pleaded guilty	1277
to, and previously served or, at the time of the offense was	1278
serving, a prison term for, any of the following:	1279

(i) Aggravated murder, murder, involuntary manslaughter,	1280
rape, felonious sexual penetration as it existed under section	1281
2907.12 of the Revised Code prior to September 3, 1996, a felony	1282
of the first or second degree that resulted in the death of a	1283
person or in physical harm to a person, or complicity in or an	1284
attempt to commit any of those offenses;	1285

(ii) An offense under an existing or former law of this	1286
state, another state, or the United States that is or was	1287
substantially equivalent to an offense listed under division	1288
(DD)(2)(a)(i) of this section and that resulted in the death of a	1289
person or in physical harm to a person.	1290

(b) The person previously was adjudicated a delinquent child	1291
for committing an act that if committed by an adult would have	1292
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	1293
section, the person was committed to the department of youth	1294
services for that delinquent act.	1295

(EE) "Sanction" means any penalty imposed upon an offender	1296
who is convicted of or pleads guilty to an offense, as punishment	1297
for the offense. "Sanction" includes any sanction imposed pursuant	1298
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	1299
2929.28 of the Revised Code.	1300

(FF) "Sentence" means the sanction or combination of	1301
sanctions imposed by the sentencing court on an offender who is	1302
convicted of or pleads guilty to an offense.	1303

(GG) "Stated prison term" means the prison term, mandatory	1304
prison term, or combination of all prison terms and mandatory	1305
prison terms imposed by the sentencing court pursuant to section	1306
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	1307
includes any credit received by the offender for time spent in	1308
jail awaiting trial, sentencing, or transfer to prison for the	1309
offense and any time spent under house arrest or house arrest with	1310
electronic monitoring imposed after earning credits pursuant to	1311
section 2967.193 of the Revised Code.	1312

(HH) "Victim-offender mediation" means a reconciliation or	1313
mediation program that involves an offender and the victim of the	1314
offense committed by the offender and that includes a meeting in	1315
which the offender and the victim may discuss the offense, discuss	1316
restitution, and consider other sanctions for the offense.	1317

(II) "Fourth degree felony OVI offense" means a violation of	1318
division (A) of section 4511.19 of the Revised Code that, under	1319
division (G) of that section, is a felony of the fourth degree.	1320

(JJ) "Mandatory term of local incarceration" means the term	1321
of sixty or one hundred twenty days in a jail, a community-based	1322
correctional facility, a halfway house, or an alternative	1323
residential facility that a sentencing court may impose upon a	1324
person who is convicted of or pleads guilty to a fourth degree	1325
felony OVI offense pursuant to division (G)(1) of section 2929.13	1326
of the Revised Code and division (G)(1)(d) or (e) of section	1327
4511.19 of the Revised Code.	1328

(KK) "Designated homicide, assault, or kidnapping offense,"	1329
"sexual motivation specification," "sexually violent offense,"	1330
"sexually violent predator," and "sexually violent predator	1331
specification" have the same meanings as in section 2971.01 of the	1332
Revised Code.	1333

(LL) "Habitual sex offender," "sexually oriented offense,"	1334
"sexual predator," "registration-exempt sexually oriented	1335
offense," "child-victim oriented offense," "habitual child-victim	1336
offender," and "child-victim predator" have the same meanings as	1337
in section 2950.01 of the Revised Code.	1338

(MM) An offense is "committed in the vicinity of a child" if	1339
the offender commits the offense within thirty feet of or within	1340
the same residential unit as a child who is under eighteen years	1341
of age, regardless of whether the offender knows the age of the	1342
child or whether the offender knows the offense is being committed	1343
within thirty feet of or within the same residential unit as the	1344
child and regardless of whether the child actually views the	1345
commission of the offense.	1346

(NN) "Family or household member" has the same meaning as in	1347
section 2919.25 of the Revised Code.	1348

(OO) "Motor vehicle" and "manufactured home" have the same	1349
meanings as in section 4501.01 of the Revised Code.	1350

(PP) "Detention" and "detention facility" have the same	1351
meanings as in section 2921.01 of the Revised Code.	1352

(QQ) "Third degree felony OVI offense" means a violation of	1353
division (A) of section 4511.19 of the Revised Code that, under	1354
division (G) of that section, is a felony of the third degree.	1355

(RR) "Random drug testing" has the same meaning as in section	1356
5120.63 of the Revised Code.	1357

(SS) "Felony sex offense" has the same meaning as in section	1358
2967.28 of the Revised Code.	1359

(TT) "Body armor" has the same meaning as in section	1360
2941.1411 of the Revised Code.	1361

(UU) "Electronic monitoring" means monitoring through the use	1362
of an electronic monitoring device.	1363

(VV) "Electronic monitoring device" means any of the	1364
following:	1365

(1) Any device that can be operated by electrical or battery	1366
power and that conforms with all of the following:	1367

(a) The device has a transmitter that can be attached to a	1368
person, that will transmit a specified signal to a receiver of the	1369
type described in division (VV)(1)(b) of this section if the	1370
transmitter is removed from the person, turned off, or altered in	1371
any manner without prior court approval in relation to electronic	1372
monitoring or without prior approval of the department of	1373
rehabilitation and correction in relation to the use of an	1374
electronic monitoring device for an inmate on transitional control	1375
or otherwise is tampered with, that can transmit continuously and	1376
periodically a signal to that receiver when the person is within a	1377
specified distance from the receiver, and that can transmit an	1378
appropriate signal to that receiver if the person to whom it is	1379
attached travels a specified distance from that receiver.	1380

(b) The device has a receiver that can receive continuously	1381
the signals transmitted by a transmitter of the type described in	1382
division (VV)(1)(a) of this section, can transmit continuously	1383
those signals by telephone to a central monitoring computer of the	1384
type described in division (VV)(1)(c) of this section, and can	1385
transmit continuously an appropriate signal to that central	1386
monitoring computer if the receiver is turned off or altered	1387
without prior court approval or otherwise tampered with.	1388

(c) The device has a central monitoring computer that can	1389
receive continuously the signals transmitted by telephone by a	1390
receiver of the type described in division (VV)(1)(b) of this	1391
section and can monitor continuously the person to whom an	1392
electronic monitoring device of the type described in division	1393
(VV)(1)(a) of this section is attached.	1394

(2) Any device that is not a device of the type described in	1395
division (VV)(1) of this section and that conforms with all of the	1396
following:	1397

(a) The device includes a transmitter and receiver that can	1398
monitor and determine the location of a subject person at any	1399
time, or at a designated point in time, through the use of a	1400
central monitoring computer or through other electronic means.	1401

(b) The device includes a transmitter and receiver that can	1402
determine at any time, or at a designated point in time, through	1403
the use of a central monitoring computer or other electronic means	1404
the fact that the transmitter is turned off or altered in any	1405
manner without prior approval of the court in relation to the	1406
electronic monitoring or without prior approval of the department	1407
of rehabilitation and correction in relation to the use of an	1408
electronic monitoring device for an inmate on transitional control	1409
or otherwise is tampered with.	1410

(3) Any type of technology that can adequately track or	1411
determine the location of a subject person at any time and that is	1412
approved by the director of rehabilitation and correction,	1413
including, but not limited to, any satellite technology, voice	1414
tracking system, or retinal scanning system that is so approved.	1415

(WW) "Non-economic loss" means nonpecuniary harm suffered by	1416
a victim of an offense as a result of or related to the commission	1417
of the offense, including, but not limited to, pain and suffering;	1418
loss of society, consortium, companionship, care, assistance,	1419
attention, protection, advice, guidance, counsel, instruction,	1420
training, or education; mental anguish; and any other intangible	1421
loss.	1422

(XX) "Prosecutor" has the same meaning as in section 2935.01	1423
of the Revised Code.	1424

Sec. 2929.13.  (A) Except as provided in division (E), (F),	1425
or (G) of this section and unless a specific sanction is required	1426
to be imposed or is precluded from being imposed pursuant to law,	1427
a court that imposes a sentence upon an offender for a felony may	1428
impose any sanction or combination of sanctions on the offender	1429
that are provided in sections 2929.14 to 2929.18 of the Revised	1430
Code. The sentence shall not impose an unnecessary burden on state	1431
or local government resources.	1432

If the offender is eligible to be sentenced to community	1433
control sanctions, the court shall consider the appropriateness of	1434
imposing a financial sanction pursuant to section 2929.18 of the	1435
Revised Code or a sanction of community service pursuant to	1436
section 2929.17 of the Revised Code as the sole sanction for the	1437
offense. Except as otherwise provided in this division, if the	1438
court is required to impose a mandatory prison term for the	1439
offense for which sentence is being imposed, the court also may	1440
impose a financial sanction pursuant to section 2929.18 of the	1441
Revised Code but may not impose any additional sanction or	1442
combination of sanctions under section 2929.16 or 2929.17 of the	1443
Revised Code.	1444

If the offender is being sentenced for a fourth degree felony	1445
OVI offense or for a third degree felony OVI offense, in addition	1446
to the mandatory term of local incarceration or the mandatory	1447
prison term required for the offense by division (G)(1) or (2) of	1448
this section, the court shall impose upon the offender a mandatory	1449
fine in accordance with division (B)(3) of section 2929.18 of the	1450
Revised Code and may impose whichever of the following is	1451
applicable:	1452

(1) For a fourth degree felony OVI offense for which sentence	1453
is imposed under division (G)(1) of this section, an additional	1454
community control sanction or combination of community control	1455
sanctions under section 2929.16 or 2929.17 of the Revised Code;	1456

(2) For a third or fourth degree felony OVI offense for which	1457
sentence is imposed under division (G)(2) of this section, an	1458
additional prison term as described in division (D)(4) of section	1459
2929.14 of the Revised Code.	1460

(B)(1) Except as provided in division (B)(2), (E), (F), or	1461
(G) of this section, in sentencing an offender for a felony of the	1462
fourth or fifth degree, the sentencing court shall determine	1463
whether any of the following apply:	1464

(a) In committing the offense, the offender caused physical	1465
harm to a person.	1466

(b) In committing the offense, the offender attempted to	1467
cause or made an actual threat of physical harm to a person with a	1468
deadly weapon.	1469

(c) In committing the offense, the offender attempted to	1470
cause or made an actual threat of physical harm to a person, and	1471
the offender previously was convicted of an offense that caused	1472
physical harm to a person.	1473

(d) The offender held a public office or position of trust	1474
and the offense related to that office or position; the offender's	1475
position obliged the offender to prevent the offense or to bring	1476
those committing it to justice; or the offender's professional	1477
reputation or position facilitated the offense or was likely to	1478
influence the future conduct of others.	1479

(e) The offender committed the offense for hire or as part of	1480
an organized criminal activity.	1481

(f) The offense is a sex offense that is a fourth or fifth	1482
degree felony violation of section 2907.03, 2907.04, 2907.05,	1483
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	1484
Revised Code.	1485

(g) The offender at the time of the offense was serving, or	1486
the offender previously had served, a prison term.	1487

(h) The offender committed the offense while under a	1488
community control sanction, while on probation, or while released	1489
from custody on a bond or personal recognizance.	1490

(i) The offender committed the offense while in possession of	1491
a firearm.	1492

(2)(a) If the court makes a finding described in division	1493
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	1494
section and if the court, after considering the factors set forth	1495
in section 2929.12 of the Revised Code, finds that a prison term	1496
is consistent with the purposes and principles of sentencing set	1497
forth in section 2929.11 of the Revised Code and finds that the	1498
offender is not amenable to an available community control	1499
sanction, the court shall impose a prison term upon the offender.	1500

(b) Except as provided in division (E), (F), or (G) of this	1501
section, if the court does not make a finding described in	1502
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	1503
this section and if the court, after considering the factors set	1504
forth in section 2929.12 of the Revised Code, finds that a	1505
community control sanction or combination of community control	1506
sanctions is consistent with the purposes and principles of	1507
sentencing set forth in section 2929.11 of the Revised Code, the	1508
court shall impose a community control sanction or combination of	1509
community control sanctions upon the offender.	1510

(C) Except as provided in division (E), (F), or (G) of this	1511
section, in determining whether to impose a prison term as a	1512
sanction for a felony of the third degree or a felony drug offense	1513
that is a violation of a provision of Chapter 2925. of the Revised	1514
Code and that is specified as being subject to this division for	1515
purposes of sentencing, the sentencing court shall comply with the	1516
purposes and principles of sentencing under section 2929.11 of the	1517
Revised Code and with section 2929.12 of the Revised Code.	1518

(D) Except as provided in division (E) or (F) of this	1519
section, for a felony of the first or second degree and for a	1520
felony drug offense that is a violation of any provision of	1521
Chapter 2925., 3719., or 4729. of the Revised Code for which a	1522
presumption in favor of a prison term is specified as being	1523
applicable, it is presumed that a prison term is necessary in	1524
order to comply with the purposes and principles of sentencing	1525
under section 2929.11 of the Revised Code. Notwithstanding the	1526
presumption established under this division, the sentencing court	1527
may impose a community control sanction or a combination of	1528
community control sanctions instead of a prison term on an	1529
offender for a felony of the first or second degree or for a	1530
felony drug offense that is a violation of any provision of	1531
Chapter 2925., 3719., or 4729. of the Revised Code for which a	1532
presumption in favor of a prison term is specified as being	1533
applicable if it makes both of the following findings:	1534

(1) A community control sanction or a combination of	1535
community control sanctions would adequately punish the offender	1536
and protect the public from future crime, because the applicable	1537
factors under section 2929.12 of the Revised Code indicating a	1538
lesser likelihood of recidivism outweigh the applicable factors	1539
under that section indicating a greater likelihood of recidivism.	1540

(2) A community control sanction or a combination of	1541
community control sanctions would not demean the seriousness of	1542
the offense, because one or more factors under section 2929.12 of	1543
the Revised Code that indicate that the offender's conduct was	1544
less serious than conduct normally constituting the offense are	1545
applicable, and they outweigh the applicable factors under that	1546
section that indicate that the offender's conduct was more serious	1547
than conduct normally constituting the offense.	1548

(E)(1) Except as provided in division (F) of this section,	1549
for any drug offense that is a violation of any provision of	1550
Chapter 2925. of the Revised Code and that is a felony of the	1551
third, fourth, or fifth degree, the applicability of a presumption	1552
under division (D) of this section in favor of a prison term or of	1553
division (B) or (C) of this section in determining whether to	1554
impose a prison term for the offense shall be determined as	1555
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	1556
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	1557
Revised Code, whichever is applicable regarding the violation.	1558

(2) If an offender who was convicted of or pleaded guilty to	1559
a felony violates the conditions of a community control sanction	1560
imposed for the offense solely by reason of producing positive	1561
results on a drug test, the court, as punishment for the violation	1562
of the sanction, shall not order that the offender be imprisoned	1563
unless the court determines on the record either of the following:	1564

(a) The offender had been ordered as a sanction for the	1565
felony to participate in a drug treatment program, in a drug	1566
education program, or in narcotics anonymous or a similar program,	1567
and the offender continued to use illegal drugs after a reasonable	1568
period of participation in the program.	1569

(b) The imprisonment of the offender for the violation is	1570
consistent with the purposes and principles of sentencing set	1571
forth in section 2929.11 of the Revised Code.	1572

(F) Notwithstanding divisions (A) to (E) of this section, the	1573
court shall impose a prison term or terms under sections 2929.02	1574
to 2929.06, section 2929.14, or section 2971.03 of the Revised	1575
Code and except as specifically provided in section 2929.20 or	1576
2967.191 of the Revised Code or when parole is authorized for the	1577
offense under section 2967.13 of the Revised Code shall not reduce	1578
the terms pursuant to section 2929.20, section 2967.193, or any	1579
other provision of Chapter 2967. or Chapter 5120. of the Revised	1580
Code for any of the following offenses:	1581

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

1582

(2) Any rape, regardless of whether force was involved and	1583
regardless of the age of the victim, or an attempt to commit rape	1584
if, had the offender completed the rape that was attempted, the	1585
offender would have been subject to a sentence of life	1586
imprisonment or life imprisonment without parole for the rape;	1587

(3) Gross sexual imposition or sexual battery, if the victim	1588
is under thirteen years of age, if the offender previously was	1589
convicted of or pleaded guilty to rape, the former offense of	1590
felonious sexual penetration, gross sexual imposition, or sexual	1591
battery, and if the victim of the previous offense was under	1592
thirteen years of age;	1593

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	1594
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	1595
requires the imposition of a prison term;	1596

(5) A first, second, or third degree felony drug offense for	1597
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	1598
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	1599
4729.99 of the Revised Code, whichever is applicable regarding the	1600
violation, requires the imposition of a mandatory prison term;	1601

(6) Any offense that is a first or second degree felony and	1602
that is not set forth in division (F)(1), (2), (3), or (4) of this	1603
section, if the offender previously was convicted of or pleaded	1604
guilty to aggravated murder, murder, any first or second degree	1605
felony, or an offense under an existing or former law of this	1606
state, another state, or the United States that is or was	1607
substantially equivalent to one of those offenses;	1608

(7) Any offense that is a third degree felony and that is	1609
listed in division (DD)(1) of section 2929.01 of the Revised Code	1610
if the offender previously was convicted of or pleaded guilty to	1611
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	1612
section 2929.01 of the Revised Code;	1613

(8) Any offense, other than a violation of section 2923.12 of	1614
the Revised Code, that is a felony, if the offender had a firearm	1615
on or about the offender's person or under the offender's control	1616
while committing the felony, with respect to a portion of the	1617
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	1618
of the Revised Code for having the firearm;	1619

(9) Any offense of violence that is a felony, if the offender	1620
wore or carried body armor while committing the felony offense of	1621
violence, with respect to the portion of the sentence imposed	1622
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	1623
Code for wearing or carrying the body armor;	1624

(10) Corrupt activity in violation of section 2923.32 of the	1625
Revised Code when the most serious offense in the pattern of	1626
corrupt activity that is the basis of the offense is a felony of	1627
the first degree;	1628

(11) Any sexually violent offense for which the offender also	1629
is convicted of or pleads guilty to a sexually violent predator	1630
specification that was included in the indictment, count in the	1631
indictment, or information charging the sexually violent offense;	1632

(12) A violation of division (A)(1) or (2) of section 2921.36	1633
of the Revised Code, or a violation of division (C) of that	1634
section involving an item listed in division (A)(1) or (2) of that	1635
section, if the offender is an officer or employee of the	1636
department of rehabilitation and correction;	1637

(13) A violation of division (A)(1) or (2) of section 2903.06	1638
of the Revised Code if the victim of the offense is a peace	1639
officer, as defined in section 2935.01 of the Revised Code, with	1640
respect to the portion of the sentence imposed pursuant to	1641
division (D)(5) of section 2929.14 of the Revised Code;	1642

(14) A violation of division (A)(1) or (2) of section 2903.06	1643
of the Revised Code if the offender has been convicted of or	1644
pleaded guilty to three or more violations of division (A) or (B)	1645
of section 4511.19 of the Revised Code or an equivalent offense,	1646
as defined in section 2941.1414 of the Revised Code, or three or	1647
more violations of any combination of those divisions and	1648
offenses, with respect to the portion of the sentence imposed	1649
pursuant to division (D)(6) of section 2929.14 of the Revised	1650
Code.	1651

(G) Notwithstanding divisions (A) to (E) of this section, if	1652
an offender is being sentenced for a fourth degree felony OVI	1653
offense or for a third degree felony OVI offense, the court shall	1654
impose upon the offender a mandatory term of local incarceration	1655
or a mandatory prison term in accordance with the following:	1656

(1) If the offender is being sentenced for a fourth degree	1657
felony OVI offense, the court may impose upon the offender a	1658
mandatory term of local incarceration of sixty days or one hundred	1659
twenty days as specified in division (G)(1)(d) of section 4511.19	1660
of the Revised Code. The court shall not reduce the term pursuant	1661
to section 2929.20, 2967.193, or any other provision of the	1662
Revised Code. The court that imposes a mandatory term of local	1663
incarceration under this division shall specify whether the term	1664
is to be served in a jail, a community-based correctional	1665
facility, a halfway house, or an alternative residential facility,	1666
and the offender shall serve the term in the type of facility	1667
specified by the court. A mandatory term of local incarceration	1668
imposed under division (G)(1) of this section is not subject to	1669
extension under section 2967.11 of the Revised Code, to a period	1670
of post-release control under section 2967.28 of the Revised Code,	1671
or to any other Revised Code provision that pertains to a prison	1672
term.	1673

(2) If the offender is being sentenced for a third degree	1674
felony OVI offense, or if the offender is being sentenced for a	1675
fourth degree felony OVI offense and the court does not impose a	1676
mandatory term of local incarceration under division (G)(1) of	1677
this section, the court shall impose upon the offender a mandatory	1678
prison term of sixty days or one hundred twenty days as specified	1679
in division (G)(1)(e) of section 4511.19 of the Revised Code. The	1680
court shall not reduce the term pursuant to section 2929.20,	1681
2967.193, or any other provision of the Revised Code. In no case	1682
shall an offender who once has been sentenced to a mandatory term	1683
of local incarceration pursuant to division (G)(1) of this section	1684
for a fourth degree felony OVI offense be sentenced to another	1685
mandatory term of local incarceration under that division for any	1686
violation of division (A) of section 4511.19 of the Revised Code.	1687
The court shall not sentence the offender to a community control	1688
sanction under section 2929.16 or 2929.17 of the Revised Code. The	1689
department of rehabilitation and correction may place an offender	1690
sentenced to a mandatory prison term under this division in an	1691
intensive program prison established pursuant to section 5120.033	1692
of the Revised Code if the department gave the sentencing judge	1693
prior notice of its intent to place the offender in an intensive	1694
program prison established under that section and if the judge did	1695
not notify the department that the judge disapproved the	1696
placement. Upon the establishment of the initial intensive program	1697
prison pursuant to section 5120.033 of the Revised Code that is	1698
privately operated and managed by a contractor pursuant to a	1699
contract entered into under section 9.06 of the Revised Code, both	1700
of the following apply:	1701

(a) The department of rehabilitation and correction shall	1702
make a reasonable effort to ensure that a sufficient number of	1703
offenders sentenced to a mandatory prison term under this division	1704
are placed in the privately operated and managed prison so that	1705
the privately operated and managed prison has full occupancy.	1706

(b) Unless the privately operated and managed prison has full	1707
occupancy, the department of rehabilitation and correction shall	1708
not place any offender sentenced to a mandatory prison term under	1709
this division in any intensive program prison established pursuant	1710
to section 5120.033 of the Revised Code other than the privately	1711
operated and managed prison.	1712

(H) If an offender is being sentenced for a sexually oriented	1713
offense committed on or after January 1, 1997, the judge shall	1714
require the offender to submit to a DNA specimen collection	1715
procedure pursuant to section 2901.07 of the Revised Code if	1716
either of the following applies:	1717

(1) The offense was a sexually violent offense, and the	1718
offender also was convicted of or pleaded guilty to a sexually	1719
violent predator specification that was included in the	1720
indictment, count in the indictment, or information charging the	1721
sexually violent offense.	1722

(2) The judge imposing sentence for the sexually oriented	1723
offense determines pursuant to division (B) of section 2950.09 of	1724
the Revised Code that the offender is a sexual predator.	1725

(I) If an offender is being sentenced for a sexually oriented	1726
offense that is not a registration-exempt sexually oriented	1727
offense or for a child-victim oriented offense committed on or	1728
after January 1, 1997, the judge shall include in the sentence a	1729
summary of the offender's duties imposed under sections 2950.04,	1730
2950.041, 2950.05, and 2950.06 of the Revised Code and the	1731
duration of the duties. The judge shall inform the offender, at	1732
the time of sentencing, of those duties and of their duration and,	1733
if required under division (A)(2) of section 2950.03 of the	1734
Revised Code, shall perform the duties specified in that section.	1735

(J)(1) Except as provided in division (J)(2) of this section,	1736
when considering sentencing factors under this section in relation	1737
to an offender who is convicted of or pleads guilty to an attempt	1738
to commit an offense in violation of section 2923.02 of the	1739
Revised Code, the sentencing court shall consider the factors	1740
applicable to the felony category of the violation of section	1741
2923.02 of the Revised Code instead of the factors applicable to	1742
the felony category of the offense attempted.	1743

(2) When considering sentencing factors under this section in	1744
relation to an offender who is convicted of or pleads guilty to an	1745
attempt to commit a drug abuse offense for which the penalty is	1746
determined by the amount or number of unit doses of the controlled	1747
substance involved in the drug abuse offense, the sentencing court	1748
shall consider the factors applicable to the felony category that	1749
the drug abuse offense attempted would be if that drug abuse	1750
offense had been committed and had involved an amount or number of	1751
unit doses of the controlled substance that is within the next	1752
lower range of controlled substance amounts than was involved in	1753
the attempt.	1754

(K) As used in this section, "drug abuse offense" has the	1755
same meaning as in section 2925.01 of the Revised Code.	1756

Sec. 2929.14.  (A) Except as provided in division (C),	1757
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this	1758
section and except in relation to an offense for which a sentence	1759
of death or life imprisonment is to be imposed, if the court	1760
imposing a sentence upon an offender for a felony elects or is	1761
required to impose a prison term on the offender pursuant to this	1762
chapter and is not prohibited by division (G)(1) of section	1763
2929.13 of the Revised Code from imposing a prison term on the	1764
offender, the court shall impose a definite prison term that shall	1765
be one of the following:	1766

(1) For a felony of the first degree, the prison term shall	1767
be three, four, five, six, seven, eight, nine, or ten years.	1768

(2) For a felony of the second degree, the prison term shall	1769
be two, three, four, five, six, seven, or eight years.	1770

(3) For a felony of the third degree, the prison term shall	1771
be one, two, three, four, or five years.	1772

(4) For a felony of the fourth degree, the prison term shall	1773
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	1774
fourteen, fifteen, sixteen, seventeen, or eighteen months.	1775

(5) For a felony of the fifth degree, the prison term shall	1776
be six, seven, eight, nine, ten, eleven, or twelve months.	1777

(B) Except as provided in division (C), (D)(1), (D)(2),	1778
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02	1779
of the Revised Code, or in Chapter 2925. of the Revised Code, if	1780
the court imposing a sentence upon an offender for a felony elects	1781
or is required to impose a prison term on the offender, the court	1782
shall impose the shortest prison term authorized for the offense	1783
pursuant to division (A) of this section, unless one or more of	1784
the following applies:	1785

(1) The offender was serving a prison term at the time of the	1786
offense, or the offender previously had served a prison term.	1787

(2) The court finds on the record that the shortest prison	1788
term will demean the seriousness of the offender's conduct or will	1789
not adequately protect the public from future crime by the	1790
offender or others.	1791

(C) Except as provided in division (G) of this section or in	1792
Chapter 2925. of the Revised Code, the court imposing a sentence	1793
upon an offender for a felony may impose the longest prison term	1794
authorized for the offense pursuant to division (A) of this	1795
section only upon offenders who committed the worst forms of the	1796
offense, upon offenders who pose the greatest likelihood of	1797
committing future crimes, upon certain major drug offenders under	1798
division (D)(3) of this section, and upon certain repeat violent	1799
offenders in accordance with division (D)(2) of this section.	1800

(D)(1)(a) Except as provided in division (D)(1)(e) of this	1801
section, if an offender who is convicted of or pleads guilty to a	1802
felony also is convicted of or pleads guilty to a specification of	1803
the type described in section 2941.141, 2941.144, or 2941.145 of	1804
the Revised Code, the court shall impose on the offender one of	1805
the following prison terms:	1806

(i) A prison term of six years if the specification is of the	1807
type described in section 2941.144 of the Revised Code that	1808
charges the offender with having a firearm that is an automatic	1809
firearm or that was equipped with a firearm muffler or silencer on	1810
or about the offender's person or under the offender's control	1811
while committing the felony;	1812

(ii) A prison term of three years if the specification is of	1813
the type described in section 2941.145 of the Revised Code that	1814
charges the offender with having a firearm on or about the	1815
offender's person or under the offender's control while committing	1816
the offense and displaying the firearm, brandishing the firearm,	1817
indicating that the offender possessed the firearm, or using it to	1818
facilitate the offense;	1819

(iii) A prison term of one year if the specification is of	1820
the type described in section 2941.141 of the Revised Code that	1821
charges the offender with having a firearm on or about the	1822
offender's person or under the offender's control while committing	1823
the felony.	1824

(b) If a court imposes a prison term on an offender under	1825
division (D)(1)(a) of this section, the prison term shall not be	1826
reduced pursuant to section 2929.20, section 2967.193, or any	1827
other provision of Chapter 2967. or Chapter 5120. of the Revised	1828
Code. A court shall not impose more than one prison term on an	1829
offender under division (D)(1)(a) of this section for felonies	1830
committed as part of the same act or transaction.	1831

(c) Except as provided in division (D)(1)(e) of this section,	1832
if an offender who is convicted of or pleads guilty to a violation	1833
of section 2923.161 of the Revised Code or to a felony that	1834
includes, as an essential element, purposely or knowingly causing	1835
or attempting to cause the death of or physical harm to another,	1836
also is convicted of or pleads guilty to a specification of the	1837
type described in section 2941.146 of the Revised Code that	1838
charges the offender with committing the offense by discharging a	1839
firearm from a motor vehicle other than a manufactured home, the	1840
court, after imposing a prison term on the offender for the	1841
violation of section 2923.161 of the Revised Code or for the other	1842
felony offense under division (A), (D)(2), or (D)(3) of this	1843
section, shall impose an additional prison term of five years upon	1844
the offender that shall not be reduced pursuant to section	1845
2929.20, section 2967.193, or any other provision of Chapter 2967.	1846
or Chapter 5120. of the Revised Code. A court shall not impose	1847
more than one additional prison term on an offender under division	1848
(D)(1)(c) of this section for felonies committed as part of the	1849
same act or transaction. If a court imposes an additional prison	1850
term on an offender under division (D)(1)(c) of this section	1851
relative to an offense, the court also shall impose a prison term	1852
under division (D)(1)(a) of this section relative to the same	1853
offense, provided the criteria specified in that division for	1854
imposing an additional prison term are satisfied relative to the	1855
offender and the offense.	1856

(d) If an offender who is convicted of or pleads guilty to an	1857
offense of violence that is a felony also is convicted of or	1858
pleads guilty to a specification of the type described in section	1859
2941.1411 of the Revised Code that charges the offender with	1860
wearing or carrying body armor while committing the felony offense	1861
of violence, the court shall impose on the offender a prison term	1862
of two years. The prison term so imposed shall not be reduced	1863
pursuant to section 2929.20, section 2967.193, or any other	1864
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	1865
court shall not impose more than one prison term on an offender	1866
under division (D)(1)(d) of this section for felonies committed as	1867
part of the same act or transaction. If a court imposes an	1868
additional prison term under division (D)(1)(a) or (c) of this	1869
section, the court is not precluded from imposing an additional	1870
prison term under division (D)(1)(d) of this section.	1871

(e) The court shall not impose any of the prison terms	1872
described in division (D)(1)(a) of this section or any of the	1873
additional prison terms described in division (D)(1)(c) of this	1874
section upon an offender for a violation of section 2923.12 or	1875
2923.123 of the Revised Code. The court shall not impose any of	1876
the prison terms described in division (D)(1)(a) of this section	1877
or any of the additional prison terms described in division	1878
(D)(1)(c) of this section upon an offender for a violation of	1879
section 2923.13 of the Revised Code unless all of the following	1880
apply:	1881

(i) The offender previously has been convicted of aggravated	1882
murder, murder, or any felony of the first or second degree.	1883

(ii) Less than five years have passed since the offender was	1884
released from prison or post-release control, whichever is later,	1885
for the prior offense.	1886

(f) If an offender is convicted of or pleads guilty to a	1887
felony that includes, as an essential element, causing or	1888
attempting to cause the death of or physical harm to another and	1889
also is convicted of or pleads guilty to a specification of the	1890
type described in section 2941.1412 of the Revised Code that	1891
charges the offender with committing the offense by discharging a	1892
firearm at a peace officer as defined in section 2935.01 of the	1893
Revised Code or a corrections officer as defined in section	1894
2941.1412 of the Revised Code, the court, after imposing a prison	1895
term on the offender for the felony offense under division (A),	1896
(D)(2), or (D)(3) of this section, shall impose an additional	1897
prison term of seven years upon the offender that shall not be	1898
reduced pursuant to section 2929.20, section 2967.193, or any	1899
other provision of Chapter 2967. or Chapter 5120. of the Revised	1900
Code. A court shall not impose more than one additional prison	1901
term on an offender under division (D)(1)(f) of this section for	1902
felonies committed as part of the same act or transaction. If a	1903
court imposes an additional prison term on an offender under	1904
division (D)(1)(f) of this section relative to an offense, the	1905
court shall not impose a prison term under division (D)(1)(a) or	1906
(c) of this section relative to the same offense.	1907

(2)(a) If an offender who is convicted of or pleads guilty to	1908
a felony also is convicted of or pleads guilty to a specification	1909
of the type described in section 2941.149 of the Revised Code that	1910
the offender is a repeat violent offender, the court shall impose	1911
a prison term from the range of terms authorized for the offense	1912
under division (A) of this section that may be the longest term in	1913
the range and that shall not be reduced pursuant to section	1914
2929.20, section 2967.193, or any other provision of Chapter 2967.	1915
or Chapter 5120. of the Revised Code. If the court finds that the	1916
repeat violent offender, in committing the offense, caused any	1917
physical harm that carried a substantial risk of death to a person	1918
or that involved substantial permanent incapacity or substantial	1919
permanent disfigurement of a person, the court shall impose the	1920
longest prison term from the range of terms authorized for the	1921
offense under division (A) of this section.	1922

(b) If the court imposing a prison term on a repeat violent	1923
offender imposes the longest prison term from the range of terms	1924
authorized for the offense under division (A) of this section, the	1925
court may impose on the offender an additional definite prison	1926
term of one, two, three, four, five, six, seven, eight, nine, or	1927
ten years if the court finds that both of the following apply with	1928
respect to the prison terms imposed on the offender pursuant to	1929
division (D)(2)(a) of this section and, if applicable, divisions	1930
(D)(1) and (3) of this section:	1931

(i) The terms so imposed are inadequate to punish the	1932
offender and protect the public from future crime, because the	1933
applicable factors under section 2929.12 of the Revised Code	1934
indicating a greater likelihood of recidivism outweigh the	1935
applicable factors under that section indicating a lesser	1936
likelihood of recidivism.	1937

(ii) The terms so imposed are demeaning to the seriousness of	1938
the offense, because one or more of the factors under section	1939
2929.12 of the Revised Code indicating that the offender's conduct	1940
is more serious than conduct normally constituting the offense are	1941
present, and they outweigh the applicable factors under that	1942
section indicating that the offender's conduct is less serious	1943
than conduct normally constituting the offense.	1944

(3)(a) Except when an offender commits a violation of section	1945
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	1946
the violation is life imprisonment or commits a violation of	1947
section 2903.02 of the Revised Code, if the offender commits a	1948
violation of section 2925.03 or 2925.11 of the Revised Code and	1949
that section classifies the offender as a major drug offender and	1950
requires the imposition of a ten-year prison term on the offender,	1951
if the offender commits a felony violation of section 2925.02,	1952
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	1953
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	1954
division (C) of section 4729.51, or division (J) of section	1955
4729.54 of the Revised Code that includes the sale, offer to sell,	1956
or possession of a schedule I or II controlled substance, with the	1957
exception of marihuana, and the court imposing sentence upon the	1958
offender finds that the offender is guilty of a specification of	1959
the type described in section 2941.1410 of the Revised Code	1960
charging that the offender is a major drug offender, if the court	1961
imposing sentence upon an offender for a felony finds that the	1962
offender is guilty of corrupt activity with the most serious	1963
offense in the pattern of corrupt activity being a felony of the	1964
first degree, or if the offender is guilty of an attempted	1965
violation of section 2907.02 of the Revised Code and, had the	1966
offender completed the violation of section 2907.02 of the Revised	1967
Code that was attempted, the offender would have been subject to a	1968
sentence of life imprisonment or life imprisonment without parole	1969
for the violation of section 2907.02 of the Revised Code, the	1970
court shall impose upon the offender for the felony violation a	1971
ten-year prison term that cannot be reduced pursuant to section	1972
2929.20 or Chapter 2967. or 5120. of the Revised Code.	1973

(b) The court imposing a prison term on an offender under	1974
division (D)(3)(a) of this section may impose an additional prison	1975
term of one, two, three, four, five, six, seven, eight, nine, or	1976
ten years, if the court, with respect to the term imposed under	1977
division (D)(3)(a) of this section and, if applicable, divisions	1978
(D)(1) and (2) of this section, makes both of the findings set	1979
forth in divisions (D)(2)(b)(i) and (ii) of this section.	1980

(4) If the offender is being sentenced for a third or fourth	1981
degree felony OVI offense under division (G)(2) of section 2929.13	1982
of the Revised Code, the sentencing court shall impose upon the	1983
offender a mandatory prison term in accordance with that division.	1984
In addition to the mandatory prison term, if the offender is being	1985
sentenced for a fourth degree felony OVI offense, the court,	1986
notwithstanding division (A)(4) of this section, may sentence the	1987
offender to a definite prison term of not less than six months and	1988
not more than thirty months, and if the offender is being	1989
sentenced for a third degree felony OVI offense, the sentencing	1990
court may sentence the offender to an additional prison term of	1991
any duration specified in division (A)(3) of this section. In	1992
either case, the additional prison term imposed shall be reduced	1993
by the sixty or one hundred twenty days imposed upon the offender	1994
as the mandatory prison term. The total of the additional prison	1995
term imposed under division (D)(4) of this section plus the sixty	1996
or one hundred twenty days imposed as the mandatory prison term	1997
shall equal a definite term in the range of six months to thirty	1998
months for a fourth degree felony OVI offense and shall equal one	1999
of the authorized prison terms specified in division (A)(3) of	2000
this section for a third degree felony OVI offense. If the court	2001
imposes an additional prison term under division (D)(4) of this	2002
section, the offender shall serve the additional prison term after	2003
the offender has served the mandatory prison term required for the	2004
offense. The court shall not sentence the offender to a community	2005
control sanction under section 2929.16 or 2929.17 of the Revised	2006
Code.	2007

(5) If an offender is convicted of or pleads guilty to a	2008
violation of division (A)(1) or (2) of section 2903.06 of the	2009
Revised Code and also is convicted of or pleads guilty to a	2010
specification of the type described in section 2941.1413 of the	2011
Revised Code that charges that the victim of the offense is a	2012
peace officer, as defined in section 2935.01 of the Revised Code,	2013
the court shall impose on the offender a prison term of five	2014
years. If a court imposes a prison term on an offender under	2015
division (D)(5) of this section, the prison term shall not be	2016
reduced pursuant to section 2929.20, section 2967.193, or any	2017
other provision of Chapter 2967. or Chapter 5120. of the Revised	2018
Code. A court shall not impose more than one prison term on an	2019
offender under division (D)(5) of this section for felonies	2020
committed as part of the same act.	2021

(6) If an offender is convicted of or pleads guilty to a	2022
violation of division (A)(1) or (2) of section 2903.06 of the	2023
Revised Code and also is convicted of or pleads guilty to a	2024
specification of the type described in section 2941.1414 of the	2025
Revised Code that charges that the offender previously has been	2026
convicted of or pleaded guilty to three or more violations of	2027
division (A) or (B) of section 4511.19 of the Revised Code or an	2028
equivalent offense, as defined in section 2941.1414 of the Revised	2029
Code, or three or more violations of any combination of those	2030
divisions and offenses, the court shall impose on the offender a	2031
prison term of three years. If a court imposes a prison term on an	2032
offender under division (D)(6) of this section, the prison term	2033
shall not be reduced pursuant to section 2929.20, section	2034
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2035
of the Revised Code. A court shall not impose more than one prison	2036
term on an offender under division (D)(6) of this section for	2037
felonies committed as part of the same act.	2038

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	2039
mandatory prison term is imposed upon an offender pursuant to	2040
division (D)(1)(a) of this section for having a firearm on or	2041
about the offender's person or under the offender's control while	2042
committing a felony, if a mandatory prison term is imposed upon an	2043
offender pursuant to division (D)(1)(c) of this section for	2044
committing a felony specified in that division by discharging a	2045
firearm from a motor vehicle, or if both types of mandatory prison	2046
terms are imposed, the offender shall serve any mandatory prison	2047
term imposed under either division consecutively to any other	2048
mandatory prison term imposed under either division or under	2049
division (D)(1)(d) of this section, consecutively to and prior to	2050
any prison term imposed for the underlying felony pursuant to	2051
division (A), (D)(2), or (D)(3) of this section or any other	2052
section of the Revised Code, and consecutively to any other prison	2053
term or mandatory prison term previously or subsequently imposed	2054
upon the offender.	2055

(b) If a mandatory prison term is imposed upon an offender	2056
pursuant to division (D)(1)(d) of this section for wearing or	2057
carrying body armor while committing an offense of violence that	2058
is a felony, the offender shall serve the mandatory term so	2059
imposed consecutively to any other mandatory prison term imposed	2060
under that division or under division (D)(1)(a) or (c) of this	2061
section, consecutively to and prior to any prison term imposed for	2062
the underlying felony under division (A), (D)(2), or (D)(3) of	2063
this section or any other section of the Revised Code, and	2064
consecutively to any other prison term or mandatory prison term	2065
previously or subsequently imposed upon the offender.	2066

(c) If a mandatory prison term is imposed upon an offender	2067
pursuant to division (D)(1)(f) of this section, the offender shall	2068
serve the mandatory prison term so imposed consecutively to and	2069
prior to any prison term imposed for the underlying felony under	2070
division (A), (D)(2), or (D)(3) of this section or any other	2071
section of the Revised Code, and consecutively to any other prison	2072
term or mandatory prison term previously or subsequently imposed	2073
upon the offender.	2074

(2) If an offender who is an inmate in a jail, prison, or	2075
other residential detention facility violates section 2917.02,	2076
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	2077
who is under detention at a detention facility commits a felony	2078
violation of section 2923.131 of the Revised Code, or if an	2079
offender who is an inmate in a jail, prison, or other residential	2080
detention facility or is under detention at a detention facility	2081
commits another felony while the offender is an escapee in	2082
violation of section 2921.34 of the Revised Code, any prison term	2083
imposed upon the offender for one of those violations shall be	2084
served by the offender consecutively to the prison term or term of	2085
imprisonment the offender was serving when the offender committed	2086
that offense and to any other prison term previously or	2087
subsequently imposed upon the offender.	2088

(3) If a prison term is imposed for a violation of division	2089
(B) of section 2911.01 of the Revised Code, a violation of	2090
division (A) of section 2913.02 of the Revised Code in which the	2091
stolen property is a firearm or dangerous ordnance, or a felony	2092
violation of division (B) of section 2921.331 of the Revised Code,	2093
the offender shall serve that prison term consecutively to any	2094
other prison term or mandatory prison term previously or	2095
subsequently imposed upon the offender.	2096

(4) If multiple prison terms are imposed on an offender for	2097
convictions of multiple offenses, the court may require the	2098
offender to serve the prison terms consecutively if the court	2099
finds that the consecutive service is necessary to protect the	2100
public from future crime or to punish the offender and that	2101
consecutive sentences are not disproportionate to the seriousness	2102
of the offender's conduct and to the danger the offender poses to	2103
the public, and if the court also finds any of the following:	2104

(a) The offender committed one or more of the multiple	2105
offenses while the offender was awaiting trial or sentencing, was	2106
under a sanction imposed pursuant to section 2929.16, 2929.17, or	2107
2929.18 of the Revised Code, or was under post-release control for	2108
a prior offense.	2109

(b) At least two of the multiple offenses were committed as	2110
part of one or more courses of conduct, and the harm caused by two	2111
or more of the multiple offenses so committed was so great or	2112
unusual that no single prison term for any of the offenses	2113
committed as part of any of the courses of conduct adequately	2114
reflects the seriousness of the offender's conduct.	2115

(c) The offender's history of criminal conduct demonstrates	2116
that consecutive sentences are necessary to protect the public	2117
from future crime by the offender.	2118

(5) If a mandatory prison term is imposed upon an offender	2119
pursuant to division (D)(5) or (6) of this section, the offender	2120
shall serve the mandatory prison term consecutively to and prior	2121
to any prison term imposed for the underlying violation of	2122
division (A)(1) or (2) of section 2903.06 of the Revised Code	2123
pursuant to division (A) of this section. If a mandatory prison	2124
term is imposed upon an offender pursuant to division (D)(5) of	2125
this section, and if a mandatory prison term also is imposed upon	2126
the offender pursuant to division (D)(6) of this section in	2127
relation to the same violation, the offender shall serve the	2128
mandatory prison term imposed pursuant to division (D)(5) of this	2129
section consecutively to and prior to the mandatory prison term	2130
imposed pursuant to division (D)(6) of this section and	2131
consecutively to and prior to any prison term imposed for the	2132
underlying violation of division (A)(1) or (2) of section 2903.06	2133
of the Revised Code pursuant to division (A) of this section.	2134

(6) When consecutive prison terms are imposed pursuant to	2135
division (E)(1), (2), (3), or (4), or (5) of this section, the	2136
term to be served is the aggregate of all of the terms so imposed.	2137

(F) If a court imposes a prison term of a type described in	2138
division (B) of section 2967.28 of the Revised Code, it shall	2139
include in the sentence a requirement that the offender be subject	2140
to a period of post-release control after the offender's release	2141
from imprisonment, in accordance with that division. If a court	2142
imposes a prison term of a type described in division (C) of that	2143
section, it shall include in the sentence a requirement that the	2144
offender be subject to a period of post-release control after the	2145
offender's release from imprisonment, in accordance with that	2146
division, if the parole board determines that a period of	2147
post-release control is necessary.	2148

(G) If a person is convicted of or pleads guilty to a	2149
sexually violent offense and also is convicted of or pleads guilty	2150
to a sexually violent predator specification that was included in	2151
the indictment, count in the indictment, or information charging	2152
that offense, the court shall impose sentence upon the offender in	2153
accordance with section 2971.03 of the Revised Code, and Chapter	2154
2971. of the Revised Code applies regarding the prison term or	2155
term of life imprisonment without parole imposed upon the offender	2156
and the service of that term of imprisonment.	2157

(H) If a person who has been convicted of or pleaded guilty	2158
to a felony is sentenced to a prison term or term of imprisonment	2159
under this section, sections 2929.02 to 2929.06 of the Revised	2160
Code, section 2971.03 of the Revised Code, or any other provision	2161
of law, section 5120.163 of the Revised Code applies regarding the	2162
person while the person is confined in a state correctional	2163
institution.	2164

(I) If an offender who is convicted of or pleads guilty to a	2165
felony that is an offense of violence also is convicted of or	2166
pleads guilty to a specification of the type described in section	2167
2941.142 of the Revised Code that charges the offender with having	2168
committed the felony while participating in a criminal gang, the	2169
court shall impose upon the offender an additional prison term of	2170
one, two, or three years.	2171

(J) If an offender who is convicted of or pleads guilty to	2172
aggravated murder, murder, or a felony of the first, second, or	2173
third degree that is an offense of violence also is convicted of	2174
or pleads guilty to a specification of the type described in	2175
section 2941.143 of the Revised Code that charges the offender	2176
with having committed the offense in a school safety zone or	2177
towards a person in a school safety zone, the court shall impose	2178
upon the offender an additional prison term of two years. The	2179
offender shall serve the additional two years consecutively to and	2180
prior to the prison term imposed for the underlying offense.	2181

(K) At the time of sentencing, the court may recommend the	2182
offender for placement in a program of shock incarceration under	2183
section 5120.031 of the Revised Code or for placement in an	2184
intensive program prison under section 5120.032 of the Revised	2185
Code, disapprove placement of the offender in a program of shock	2186
incarceration or an intensive program prison of that nature, or	2187
make no recommendation on placement of the offender. In no case	2188
shall the department of rehabilitation and correction place the	2189
offender in a program or prison of that nature unless the	2190
department determines as specified in section 5120.031 or 5120.032	2191
of the Revised Code, whichever is applicable, that the offender is	2192
eligible for the placement.	2193

If the court disapproves placement of the offender in a	2194
program or prison of that nature, the department of rehabilitation	2195
and correction shall not place the offender in any program of	2196
shock incarceration or intensive program prison.	2197

If the court recommends placement of the offender in a	2198
program of shock incarceration or in an intensive program prison,	2199
and if the offender is subsequently placed in the recommended	2200
program or prison, the department shall notify the court of the	2201
placement and shall include with the notice a brief description of	2202
the placement.	2203

If the court recommends placement of the offender in a	2204
program of shock incarceration or in an intensive program prison	2205
and the department does not subsequently place the offender in the	2206
recommended program or prison, the department shall send a notice	2207
to the court indicating why the offender was not placed in the	2208
recommended program or prison.	2209

If the court does not make a recommendation under this	2210
division with respect to an offender and if the department	2211
determines as specified in section 5120.031 or 5120.032 of the	2212
Revised Code, whichever is applicable, that the offender is	2213
eligible for placement in a program or prison of that nature, the	2214
department shall screen the offender and determine if there is an	2215
available program of shock incarceration or an intensive program	2216
prison for which the offender is suited. If there is an available	2217
program of shock incarceration or an intensive program prison for	2218
which the offender is suited, the department shall notify the	2219
court of the proposed placement of the offender as specified in	2220
section 5120.031 or 5120.032 of the Revised Code and shall include	2221
with the notice a brief description of the placement. The court	2222
shall have ten days from receipt of the notice to disapprove the	2223
placement.	2224

Sec. 2929.18.  (A) Except as otherwise provided in this	2225
division and in addition to imposing court costs pursuant to	2226
section 2947.23 of the Revised Code, the court imposing a sentence	2227
upon an offender for a felony may sentence the offender to any	2228
financial sanction or combination of financial sanctions	2229
authorized under this section or, in the circumstances specified	2230
in section 2929.32 of the Revised Code, may impose upon the	2231
offender a fine in accordance with that section. Financial	2232
sanctions that may be imposed pursuant to this section include,	2233
but are not limited to, the following:	2234

(1) Restitution by the offender to the victim of the	2235
offender's crime or any survivor of the victim, in an amount based	2236
on the victim's economic loss. TheIf the court imposes	2237
restitution, the court shall order that the restitution be made to	2238
the victim in open court, to the adult probation department that	2239
serves the county on behalf of the victim, to the clerk of courts,	2240
or to another agency designated by the court. The order may	2241
include a requirement that reimbursement be made to third parties	2242
for amounts paid to or on behalf of the victim or any survivor of	2243
the victim for economic loss resulting from the offense. If	2244
reimbursement to third parties is required, the reimbursement	2245
shall be made to any governmental agency to repay any amounts paid	2246
by the agency to or on behalf of the victim or any survivor of the	2247
victim for economic loss resulting from the offense before any	2248
reimbursement is made to any person other than a governmental	2249
agency. If no governmental agency incurred expenses for economic	2250
loss of the victim or any survivor of the victim resulting from	2251
the offense, the reimbursement shall be made to any person other	2252
than a governmental agency to repay amounts paid by that person to	2253
or on behalf of the victim or any survivor of the victim for	2254
economic loss of the victim resulting from the offense. The court	2255
shall not require an offender to repay an insurance company for	2256
any amounts the company paid on behalf of the offender pursuant to	2257
a policy of insurance. AtIf the court imposes restitution, at	2258
sentencing, the court shall determine the amount of restitution to	2259
be made by the offender. TheIf the court imposes restitution, the	2260
court may base the amount of restitution it orders on an amount	2261
recommended by the victim, the offender, a presentence	2262
investigation report, estimates or receipts indicating the cost of	2263
repairing or replacing property, and other information, provided	2264
that the amount the court orders as restitution shall not exceed	2265
the amount of the economic loss suffered by the victim as a direct	2266
and proximate result of the commission of the offense. TheIf the	2267
court decides to impose restitution, the court shall hold a	2268
hearing on restitution if the offender, victim, or survivor	2269
disputes the amount. All restitution payments shall be credited	2270
against any recovery of economic loss in a civil action brought by	2271
the victim or any survivor of the victim against the offender.	2272

TheIf the court imposes restitution, the court may order	2273
that the offender pay a surcharge of not more than five per cent	2274
of the amount of the restitution otherwise ordered to the entity	2275
responsible for collecting and processing restitution payments.	2276

The victim or survivor may request that the prosecuting	2277
attorneyprosecutor in the case file a motion, or the offender may	2278
file a motion, for modification of the payment terms of any	2279
restitution ordered. If the court grants the motion, it may modify	2280
the payment terms as it determines appropriate.	2281

(2) Except as provided in division (B)(1), (3), or (4) of	2282
this section, a fine payable by the offender to the state, to a	2283
political subdivision, or as described in division (B)(2) of this	2284
section to one or more law enforcement agencies, with the amount	2285
of the fine based on a standard percentage of the offender's daily	2286
income over a period of time determined by the court and based	2287
upon the seriousness of the offense. A fine ordered under this	2288
division shall not exceed the maximum conventional fine amount	2289
authorized for the level of the offense under division (A)(3) of	2290
this section.	2291

(3) Except as provided in division (B)(1), (3), or (4) of	2292
this section, a fine payable by the offender to the state, to a	2293
political subdivision when appropriate for a felony, or as	2294
described in division (B)(2) of this section to one or more law	2295
enforcement agencies, in the following amount:	2296

(a) For a felony of the first degree, not more than twenty	2297
thousand dollars;	2298

(b) For a felony of the second degree, not more than fifteen	2299
thousand dollars;	2300

(c) For a felony of the third degree, not more than ten	2301
thousand dollars;	2302

(d) For a felony of the fourth degree, not more than five	2303
thousand dollars;	2304

(e) For a felony of the fifth degree, not more than two	2305
thousand five hundred dollars.	2306

(4) A state fine or costs as defined in section 2949.111 of	2307
the Revised Code.	2308

(5)(a) Reimbursement by the offender of any or all of the	2309
costs of sanctions incurred by the government, including the	2310
following:	2311

(i) All or part of the costs of implementing any community	2312
control sanction, including a supervision fee under section	2313
2951.021 of the Revised Code;	2314

(ii) All or part of the costs of confinement under a sanction	2315
imposed pursuant to section 2929.14 or 2929.16 of the Revised	2316
Code, provided that the amount of reimbursement ordered under this	2317
division shall not exceed the total amount of reimbursement the	2318
offender is able to pay as determined at a hearing and shall not	2319
exceed the actual cost of the confinement.	2320

(b) If the offender is sentenced to a sanction of confinement	2321
pursuant to section 2929.14 or 2929.16 of the Revised Code that is	2322
to be served in a facility operated by a board of county	2323
commissioners, a legislative authority of a municipal corporation,	2324
or another local governmental entity, if, pursuant to section	2325
307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56,	2326
or 2947.19 of the Revised Code and section 2929.37 of the Revised	2327
Code, the board, legislative authority, or other local	2328
governmental entity requires prisoners to reimburse the county,	2329
municipal corporation, or other entity for its expenses incurred	2330
by reason of the prisoner's confinement, and if the court does not	2331
impose a financial sanction under division (A)(5)(a)(ii) of this	2332
section, confinement costs may be assessed pursuant to section	2333
2929.37 of the Revised Code. In addition, the offender may be	2334
required to pay the fees specified in section 2929.38 of the	2335
Revised Code in accordance with that section.	2336

(c) Reimbursement by the offender for costs pursuant to	2337
section 2929.71 of the Revised Code.	2338

(B)(1) For a first, second, or third degree felony violation	2339
of any provision of Chapter 2925., 3719., or 4729. of the Revised	2340
Code, the sentencing court shall impose upon the offender a	2341
mandatory fine of at least one-half of, but not more than, the	2342
maximum statutory fine amount authorized for the level of the	2343
offense pursuant to division (A)(3) of this section. If an	2344
offender alleges in an affidavit filed with the court prior to	2345
sentencing that the offender is indigent and unable to pay the	2346
mandatory fine and if the court determines the offender is an	2347
indigent person and is unable to pay the mandatory fine described	2348
in this division, the court shall not impose the mandatory fine	2349
upon the offender.	2350

(2) Any mandatory fine imposed upon an offender under	2351
division (B)(1) of this section and any fine imposed upon an	2352
offender under division (A)(2) or (3) of this section for any	2353
fourth or fifth degree felony violation of any provision of	2354
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid	2355
to law enforcement agencies pursuant to division (F) of section	2356
2925.03 of the Revised Code.	2357

(3) For a fourth degree felony OVI offense and for a third	2358
degree felony OVI offense, the sentencing court shall impose upon	2359
the offender a mandatory fine in the amount specified in division	2360
(G)(1)(d) or (e) of section 4511.19 of the Revised Code, whichever	2361
is applicable. The mandatory fine so imposed shall be disbursed as	2362
provided in the division pursuant to which it is imposed.	2363

(4) Notwithstanding any fine otherwise authorized or required	2364
to be imposed under division (A)(2) or (3) or (B)(1) of this	2365
section or section 2929.31 of the Revised Code for a violation of	2366
section 2925.03 of the Revised Code, in addition to any penalty or	2367
sanction imposed for that offense under section 2925.03 or	2368
sections 2929.11 to 2929.18 of the Revised Code and in addition to	2369
the forfeiture of property in connection with the offense as	2370
prescribed in sections 2925.42 to 2925.45 of the Revised Code, the	2371
court that sentences an offender for a violation of section	2372
2925.03 of the Revised Code may impose upon the offender a fine in	2373
addition to any fine imposed under division (A)(2) or (3) of this	2374
section and in addition to any mandatory fine imposed under	2375
division (B)(1) of this section. The fine imposed under division	2376
(B)(4) of this section shall be used as provided in division (H)	2377
of section 2925.03 of the Revised Code. A fine imposed under	2378
division (B)(4) of this section shall not exceed whichever of the	2379
following is applicable:	2380

(a) The total value of any personal or real property in which	2381
the offender has an interest and that was used in the course of,	2382
intended for use in the course of, derived from, or realized	2383
through conduct in violation of section 2925.03 of the Revised	2384
Code, including any property that constitutes proceeds derived	2385
from that offense;	2386

(b) If the offender has no interest in any property of the	2387
type described in division (B)(4)(a) of this section or if it is	2388
not possible to ascertain whether the offender has an interest in	2389
any property of that type in which the offender may have an	2390
interest, the amount of the mandatory fine for the offense imposed	2391
under division (B)(1) of this section or, if no mandatory fine is	2392
imposed under division (B)(1) of this section, the amount of the	2393
fine authorized for the level of the offense imposed under	2394
division (A)(3) of this section.	2395

(5) Prior to imposing a fine under division (B)(4) of this	2396
section, the court shall determine whether the offender has an	2397
interest in any property of the type described in division	2398
(B)(4)(a) of this section. Except as provided in division (B)(6)	2399
or (7) of this section, a fine that is authorized and imposed	2400
under division (B)(4) of this section does not limit or affect the	2401
imposition of the penalties and sanctions for a violation of	2402
section 2925.03 of the Revised Code prescribed under those	2403
sections or sections 2929.11 to 2929.18 of the Revised Code and	2404
does not limit or affect a forfeiture of property in connection	2405
with the offense as prescribed in sections 2925.42 to 2925.45 of	2406
the Revised Code.	2407

(6) If the sum total of a mandatory fine amount imposed for a	2408
first, second, or third degree felony violation of section 2925.03	2409
of the Revised Code under division (B)(1) of this section plus the	2410
amount of any fine imposed under division (B)(4) of this section	2411
does not exceed the maximum statutory fine amount authorized for	2412
the level of the offense under division (A)(3) of this section or	2413
section 2929.31 of the Revised Code, the court may impose a fine	2414
for the offense in addition to the mandatory fine and the fine	2415
imposed under division (B)(4) of this section. The sum total of	2416
the amounts of the mandatory fine, the fine imposed under division	2417
(B)(4) of this section, and the additional fine imposed under	2418
division (B)(6) of this section shall not exceed the maximum	2419
statutory fine amount authorized for the level of the offense	2420
under division (A)(3) of this section or section 2929.31 of the	2421
Revised Code. The clerk of the court shall pay any fine that is	2422
imposed under division (B)(6) of this section to the county,	2423
township, municipal corporation, park district as created pursuant	2424
to section 511.18 or 1545.04 of the Revised Code, or state law	2425
enforcement agencies in this state that primarily were responsible	2426
for or involved in making the arrest of, and in prosecuting, the	2427
offender pursuant to division (F) of section 2925.03 of the	2428
Revised Code.	2429

(7) If the sum total of the amount of a mandatory fine	2430
imposed for a first, second, or third degree felony violation of	2431
section 2925.03 of the Revised Code plus the amount of any fine	2432
imposed under division (B)(4) of this section exceeds the maximum	2433
statutory fine amount authorized for the level of the offense	2434
under division (A)(3) of this section or section 2929.31 of the	2435
Revised Code, the court shall not impose a fine under division	2436
(B)(6) of this section.	2437

(C)(1) The offender shall pay reimbursements imposed upon the	2438
offender pursuant to division (A)(5)(a) of this section to pay the	2439
costs incurred by the department of rehabilitation and correction	2440
in operating a prison or other facility used to confine offenders	2441
pursuant to sanctions imposed under section 2929.14 or 2929.16 of	2442
the Revised Code to the treasurer of state. The treasurer of state	2443
shall deposit the reimbursements in the confinement cost	2444
reimbursement fund that is hereby created in the state treasury.	2445
The department of rehabilitation and correction shall use the	2446
amounts deposited in the fund to fund the operation of facilities	2447
used to confine offenders pursuant to sections 2929.14 and 2929.16	2448
of the Revised Code.	2449

(2) Except as provided in section 2951.021 of the Revised	2450
Code, the offender shall pay reimbursements imposed upon the	2451
offender pursuant to division (A)(5)(a) of this section to pay the	2452
costs incurred by a county pursuant to any sanction imposed under	2453
this section or section 2929.16 or 2929.17 of the Revised Code or	2454
in operating a facility used to confine offenders pursuant to a	2455
sanction imposed under section 2929.16 of the Revised Code to the	2456
county treasurer. The county treasurer shall deposit the	2457
reimbursements in the sanction cost reimbursement fund that each	2458
board of county commissioners shall create in its county treasury.	2459
The county shall use the amounts deposited in the fund to pay the	2460
costs incurred by the county pursuant to any sanction imposed	2461
under this section or section 2929.16 or 2929.17 of the Revised	2462
Code or in operating a facility used to confine offenders pursuant	2463
to a sanction imposed under section 2929.16 of the Revised Code.	2464

(3) Except as provided in section 2951.021 of the Revised	2465
Code, the offender shall pay reimbursements imposed upon the	2466
offender pursuant to division (A)(5)(a) of this section to pay the	2467
costs incurred by a municipal corporation pursuant to any sanction	2468
imposed under this section or section 2929.16 or 2929.17 of the	2469
Revised Code or in operating a facility used to confine offenders	2470
pursuant to a sanction imposed under section 2929.16 of the	2471
Revised Code to the treasurer of the municipal corporation. The	2472
treasurer shall deposit the reimbursements in a special fund that	2473
shall be established in the treasury of each municipal	2474
corporation. The municipal corporation shall use the amounts	2475
deposited in the fund to pay the costs incurred by the municipal	2476
corporation pursuant to any sanction imposed under this section or	2477
section 2929.16 or 2929.17 of the Revised Code or in operating a	2478
facility used to confine offenders pursuant to a sanction imposed	2479
under section 2929.16 of the Revised Code.	2480

(4) Except as provided in section 2951.021 of the Revised	2481
Code, the offender shall pay reimbursements imposed pursuant to	2482
division (A)(5)(a) of this section for the costs incurred by a	2483
private provider pursuant to a sanction imposed under this section	2484
or section 2929.16 or 2929.17 of the Revised Code to the provider.	2485

(D) Except as otherwise provided in this division, a	2486
financial sanction imposed pursuant to division (A) or (B) of this	2487
section is a judgment in favor of the state or a political	2488
subdivision in which the court that imposed the financial sanction	2489
is located, and the offender subject to the financial sanction is	2490
the judgment debtor. A financial sanction of reimbursement imposed	2491
pursuant to division (A)(5)(a)(ii) of this section upon an	2492
offender who is incarcerated in a state facility or a municipal	2493
jail is a judgment in favor of the state or the municipal	2494
corporation, and the offender subject to the financial sanction is	2495
the judgment debtor. A financial sanction of reimbursement imposed	2496
upon an offender pursuant to this section for costs incurred by a	2497
private provider of sanctions is a judgment in favor of the	2498
private provider, and the offender subject to the financial	2499
sanction is the judgment debtor. A financial sanction of	2500
restitution imposed pursuant to this section is a judgmentan	2501
order in favor of the victim of the offender's criminal act. The	2502
offender subject to the sanction is the judgment debtorthat can	2503
be collected through execution as described in division (D)(1) of	2504
this section or through an order as described in division (D)(2)	2505
of this section, and the offender shall be considered for purposes	2506
of the collection as the judgment debtor. Imposition of a	2507
financial sanction and execution on the judgment does not preclude	2508
any other power of the court to impose or enforce sanctions on the	2509
offender. Once the financial sanction is imposed as a judgment or	2510
order under this division, the victim, private provider, state, or	2511
political subdivision may bring an action to do any of the	2512
following:	2513

(1) Obtain execution of the judgment or order through any	2514
available procedure, including:	2515

(a) An execution against the property of the judgment debtor	2516
under Chapter 2329. of the Revised Code;	2517

(b) An execution against the person of the judgment debtor	2518
under Chapter 2331. of the Revised Code;	2519

(c) A proceeding in aid of execution under Chapter 2333. of	2520
the Revised Code, including:	2521

(i) A proceeding for the examination of the judgment debtor	2522
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27	2523
of the Revised Code;	2524

(ii) A proceeding for attachment of the person of the	2525
judgment debtor under section 2333.28 of the Revised Code;	2526

(iii) A creditor's suit under section 2333.01 of the Revised	2527
Code.	2528

(d) The attachment of the property of the judgment debtor	2529
under Chapter 2715. of the Revised Code;	2530

(e) The garnishment of the property of the judgment debtor	2531
under Chapter 2716. of the Revised Code.	2532

(2) Obtain an order for the assignment of wages of the	2533
judgment debtor under section 1321.33 of the Revised Code.	2534

(E) A court that imposes a financial sanction upon an	2535
offender may hold a hearing if necessary to determine whether the	2536
offender is able to pay the sanction or is likely in the future to	2537
be able to pay it.	2538

(F) Each court imposing a financial sanction upon an offender	2539
under this section or under section 2929.32 of the Revised Code	2540
may designate the clerk of the court or another person to collect	2541
the financial sanction. The clerk or other person authorized by	2542
law or the court to collect the financial sanction may enter into	2543
contracts with one or more public agencies or private vendors for	2544
the collection of, amounts due under the financial sanction	2545
imposed pursuant to this section or section 2929.32 of the Revised	2546
Code. Before entering into a contract for the collection of	2547
amounts due from an offender pursuant to any financial sanction	2548
imposed pursuant to this section or section 2929.32 of the Revised	2549
Code, a court shall comply with sections 307.86 to 307.92 of the	2550
Revised Code.	2551

(G) If a court that imposes a financial sanction under	2552
division (A) or (B) of this section finds that an offender	2553
satisfactorily has completed all other sanctions imposed upon the	2554
offender and that all restitution that has been ordered has been	2555
paid as ordered, the court may suspend any financial sanctions	2556
imposed pursuant to this section or section 2929.32 of the Revised	2557
Code that have not been paid.	2558

(H) No financial sanction imposed under this section or	2559
section 2929.32 of the Revised Code shall preclude a victim from	2560
bringing a civil action against the offender.	2561

Sec. 2929.21.  (A) A court that sentences an offender for a	2562
misdemeanor or minor misdemeanor violation of any provision of the	2563
Revised Code, or of any municipal ordinance that is substantially	2564
similar to a misdemeanor or minor misdemeanor violation of a	2565
provision of the Revised Code, shall be guided by the overriding	2566
purposes of misdemeanor sentencing. The overriding purposes of	2567
misdemeanor sentencing are to protect the public from future crime	2568
by the offender and others and to punish the offender. To achieve	2569
those purposes, the sentencing court shall consider the impact of	2570
the offense upon the victim and the need for changing the	2571
offender's behavior, rehabilitating the offender, and making	2572
restitution to the victim of the offense, the public, or the	2573
victim and the public.	2574

(B) A sentence imposed for a misdemeanor or minor misdemeanor	2575
violation of a Revised Code provision or for a violation of a	2576
municipal ordinance that is subject to division (A) of this	2577
section shall be reasonably calculated to achieve the two	2578
overriding purposes of misdemeanor sentencing set forth in	2579
division (A) of this section, commensurate with and not demeaning	2580
to the seriousness of the offender's conduct and its impact upon	2581
the victim, and consistent with sentences imposed for similar	2582
offenses committed by similar offenders.	2583

(C) A court that imposes a sentence upon an offender for a	2584
misdemeanor or minor misdemeanor violation of a Revised Code	2585
provision or for a violation of a municipal ordinance that is	2586
subject to division (A) of this section shall not base the	2587
sentence upon the race, ethnic background, gender, or religion of	2588
the offender.	2589

(D) Divisions (A) and (B) of this section shall not apply to	2590
any offense that is disposed of by a traffic violations bureau of	2591
any court pursuant to Traffic Rule 13 and shall not apply to any	2592
violation of any provision of the Revised Code that is a minor	2593
misdemeanor and that is disposed of without a court appearance.	2594
Divisions (A) to (C) of this section do not affect any penalties	2595
established by a municipal corporation for a violation of its	2596
ordinances.	2597

Sec. 2929.28.  (A) In addition to imposing court costs	2598
pursuant to section 2947.23 of the Revised Code, the court	2599
imposing a sentence upon an offender for a misdemeanor, including	2600
a minor misdemeanor, may sentence the offender to any financial	2601
sanction or combination of financial sanctions authorized under	2602
this section. FinancialIf the court in its discretion imposes one	2603
or more financial sanctions, the financial sanctions that may be	2604
imposed pursuant to this section include, but are not limited to,	2605
the following:	2606

(1) RestitutionUnless the misdemeanor offense is a minor	2607
misdemeanor or could be disposed of by the traffic violations	2608
bureau serving the court under Traffic Rule 13, restitution by the	2609
offender to the victim of the offender's crime or any survivor of	2610
the victim, in an amount based on the victim's economic loss. The	2611
court may not impose restitution as a sanction pursuant to this	2612
division if the offense is a minor misdemeanor or could be	2613
disposed of by the traffic violations bureau serving the court	2614
under Traffic Rule 13. If the court requires restitution, the	2615
court shall order that the restitution be made to the victim in	2616
open court or to the adult probation department that serves the	2617
jurisdiction or the clerk of the court on behalf of the victim.	2618
The order may include a requirement that reimbursement be made to	2619
third parties, other than the offender's insurer, for amounts paid	2620
to the victim or any survivor of the victim for economic loss	2621
resulting from the offense. If reimbursement to third parties is	2622
required, the offender shall make the reimbursement to any	2623
governmental agency to repay any amounts paid by the agency to the	2624
victim or survivor before the offender makes any reimbursement to	2625
any other person.	2626

TheIf the court imposes restitution, the court shall	2627
determine, or order to be determined, the amount of restitution to	2628
be paid by the offender. TheIf the court imposes restitution, the	2629
court may base the amount of restitution it orders on an amount	2630
recommended by the victim, the offender, a presentence	2631
investigation report, estimates or receipts indicating the cost of	2632
repairing or replacing property, and other information, provided	2633
that the amount the court orders as restitution shall not exceed	2634
the amount of the economic loss suffered by the victim as a direct	2635
and proximate result of the commission of the offense. TheIf the	2636
court decides to impose restitution, the court shall hold aan	2637
evidentiary hearing on restitution if the offender, victim, or	2638
survivor disputes the amount of restitution. If the court holds an	2639
evidentiary hearing, at the hearing the victim or survivor has the	2640
burden to prove by a preponderance of the evidence the amount of	2641
restitution sought from the offender.	2642

All restitution payments shall be credited against any	2643
recovery of economic loss in a civil action brought by the victim	2644
or any survivor of the victim against the offender.	2645

TheIf the court imposes restitution, the court may order	2646
that the offender pay a surcharge, of not more than five per cent	2647
of the amount of the restitution otherwise ordered, to the entity	2648
responsible for collecting and processing restitution payments.	2649

The victim or survivor may request that the prosecuting	2650
attorneyprosecutor in the case file a motion, or the offender may	2651
file a motion, for modification of the payment terms of any	2652
restitution ordered. If the court grants the motion, it may modify	2653
the payment terms as it determines appropriate.	2654

(2) A fine of the type described in divisions (A)(2)(a) and	2655
(b) of this section payable to the appropriate entity as required	2656
by law:	2657

(a) A fine in the following amount:

2658

(i) For a misdemeanor of the first degree, not more than one	2659
thousand dollars;	2660

(ii) For a misdemeanor of the second degree, not more than	2661
seven hundred fifty dollars;	2662

(iii) For a misdemeanor of the third degree, not more than	2663
five hundred dollars;	2664

(iv) For a misdemeanor of the fourth degree, not more than	2665
two hundred fifty dollars;	2666

(v) For a minor misdemeanor, not more than one hundred fifty	2667
dollars.	2668

(b) A state fine or cost as defined in section 2949.111 of	2669
the Revised Code.	2670

(3)(a) Reimbursement by the offender of any or all of the	2671
costs of sanctions incurred by the government, including, but not	2672
limited to, the following:	2673

(i) All or part of the costs of implementing any community	2674
control sanction, including a supervision fee under section	2675
2951.021 of the Revised Code;	2676

(ii) All or part of the costs of confinement in a jail or	2677
other residential facility, including, but not limited to, a per	2678
diem fee for room and board, the costs of medical and dental	2679
treatment, and the costs of repairing property damaged by the	2680
offender while confined.	2681

(b) The amount of reimbursement ordered under division	2682
(A)(3)(a) of this section shall not exceed the total amount of	2683
reimbursement the offender is able to pay and shall not exceed the	2684
actual cost of the sanctions. The court may collect any amount of	2685
reimbursement the offender is required to pay under that division.	2686
If the court does not order reimbursement under that division,	2687
confinement costs may be assessed pursuant to a repayment policy	2688
adopted under section 2929.37 of the Revised Code. In addition,	2689
the offender may be required to pay the fees specified in section	2690
2929.38 of the Revised Code in accordance with that section.	2691

(B) If the court determines a hearing is necessary, the court	2692
may hold a hearing to determine whether the offender is able to	2693
pay the financial sanction imposed pursuant to this section or	2694
court costs or is likely in the future to be able to pay the	2695
sanction or costs.	2696

If the court determines that the offender is indigent and	2697
unable to pay the financial sanction or court costs, the court	2698
shall consider imposing and may impose a term of community service	2699
under division (A) of section 2929.27 of the Revised Code in lieu	2700
of imposing a financial sanction or court costs. If the court does	2701
not determine that the offender is indigent, the court may impose	2702
a term of community service under division (A) of section 2929.27	2703
of the Revised Code in lieu of or in addition to imposing a	2704
financial sanction under this section and in addition to imposing	2705
court costs. The court may order community service for a minor	2706
misdemeanor pursuant to division (C) of section 2929.27 of the	2707
Revised Code in lieu of or in addition to imposing a financial	2708
sanction under this section and in addition to imposing court	2709
costs. If a person fails to pay a financial sanction or court	2710
costs, the court may order community service in lieu of the	2711
financial sanction or court costs.	2712

(C)(1) The offender shall pay reimbursements imposed upon the	2713
offender pursuant to division (A)(3) of this section to pay the	2714
costs incurred by a county pursuant to any sanction imposed under	2715
this section or section 2929.26 or 2929.27 of the Revised Code or	2716
in operating a facility used to confine offenders pursuant to a	2717
sanction imposed under section 2929.26 of the Revised Code to the	2718
county treasurer. The county treasurer shall deposit the	2719
reimbursements in the county's general fund. The county shall use	2720
the amounts deposited in the fund to pay the costs incurred by the	2721
county pursuant to any sanction imposed under this section or	2722
section 2929.26 or 2929.27 of the Revised Code or in operating a	2723
facility used to confine offenders pursuant to a sanction imposed	2724
under section 2929.26 of the Revised Code.	2725

(2) The offender shall pay reimbursements imposed upon the	2726
offender pursuant to division (A)(3) of this section to pay the	2727
costs incurred by a municipal corporation pursuant to any sanction	2728
imposed under this section or section 2929.26 or 2929.27 of the	2729
Revised Code or in operating a facility used to confine offenders	2730
pursuant to a sanction imposed under section 2929.26 of the	2731
Revised Code to the treasurer of the municipal corporation. The	2732
treasurer shall deposit the reimbursements in the municipal	2733
corporation's general fund. The municipal corporation shall use	2734
the amounts deposited in the fund to pay the costs incurred by the	2735
municipal corporation pursuant to any sanction imposed under this	2736
section or section 2929.26 or 2929.27 of the Revised Code or in	2737
operating a facility used to confine offenders pursuant to a	2738
sanction imposed under section 2929.26 of the Revised Code.	2739

(3) The offender shall pay reimbursements imposed pursuant to	2740
division (A)(3) of this section for the costs incurred by a	2741
private provider pursuant to a sanction imposed under this section	2742
or section 2929.26 or 2929.27 of the Revised Code to the provider.	2743

(D) Except as otherwise provided in this division, a	2744
financial sanction imposed under division (A) of this section is a	2745
judgment in favor of the state or the political subdivision that	2746
operates the court that imposed the financial sanction, and the	2747
offender subject to the financial sanction is the judgment debtor.	2748
A financial sanction of reimbursement imposed pursuant to division	2749
(A)(3)(a)(i) of this section upon an offender is a judgment in	2750
favor of the entity administering the community control sanction,	2751
and the offender subject to the financial sanction is the judgment	2752
debtor. A financial sanction of reimbursement imposed pursuant to	2753
division (A)(3)(a)(ii) of this section upon an offender confined	2754
in a jail or other residential facility is a judgment in favor of	2755
the entity operating the jail or other residential facility, and	2756
the offender subject to the financial sanction is the judgment	2757
debtor. A financial sanction of restitution imposed pursuant to	2758
division (A)(1) of this section is a judgmentan order in favor of	2759
the victim of the offender's criminal act. The offender subject to	2760
the financial sanction is the judgment debtorthat can be	2761
collected through execution as described in division (D)(1) of	2762
this section or through an order as described in division (D)(2)	2763
of this section and the offender shall be considered for purposes	2764
of the collection as the judgment debtor.	2765

Once the financial sanction is imposed as a judgment or order	2766
under this division, the victim, private provider, state, or	2767
political subdivision may bring an action to do any of the	2768
following:	2769

(1) Obtain execution of the judgment or order through any	2770
available procedure, including any of the procedures identified in	2771
divisions (D)(1)(a) to (e) of section 2929.18 of the Revised Code.	2772

(2) Obtain an order for the assignment of wages of the	2773
judgment debtor under section 1321.33 of the Revised Code.	2774

(E) The civil remedies authorized under division (D) of this	2775
section for the collection of the financial sanction supplement,	2776
but do not preclude, enforcement of the criminal sentence.	2777

(F) Each court imposing a financial sanction upon an offender	2778
under this section may designate the clerk of the court or another	2779
person to collect the financial sanction. The clerk, or another	2780
person authorized by law or the court to collect the financial	2781
sanction may do the following:	2782

(1) Enter into contracts with one or more public agencies or	2783
private vendors for the collection of amounts due under the	2784
sanction. Before entering into a contract for the collection of	2785
amounts due from an offender pursuant to any financial sanction	2786
imposed pursuant to this section, a court shall comply with	2787
sections 307.86 to 307.92 of the Revised Code.	2788

(2) Permit payment of all or any portion of the sanction in	2789
installments, by financial transaction device if the court is a	2790
county court or a municipal court operated by a county, by credit	2791
or debit card or by another electronic transfer if the court is a	2792
municipal court not operated by a county, or by any other	2793
reasonable method, in any time, and on any terms that court	2794
considers just, except that the maximum time permitted for payment	2795
shall not exceed five years. If the court is a county court or a	2796
municipal court operated by a county, the acceptance of payments	2797
by any financial transaction device shall be governed by the	2798
policy adopted by the board of county commissioners of the county	2799
pursuant to section 301.28 of the Revised Code. If the court is a	2800
municipal court not operated by a county, the clerk may pay any	2801
fee associated with processing an electronic transfer out of	2802
public money or may charge the fee to the offender.	2803

(3) To defray administrative costs, charge a reasonable fee	2804
to an offender who elects a payment plan rather than a lump sum	2805
payment of any financial sanction.	2806

(G) No financial sanction imposed under this section shall	2807
preclude a victim from bringing a civil action against the	2808
offender.	2809

Sec. 2941.1413. (A) Imposition of a five-year mandatory	2810
prison term upon an offender under division (D)(5) of section	2811
2929.14 of the Revised Code is precluded unless the offender is	2812
convicted of or pleads guilty to violating division (A)(1) or (2)	2813
of section 2903.06 of the Revised Code and unless the indictment,	2814
count in the indictment, or information charging the offense	2815
specifies that the victim of the offense is a peace officer. The	2816
specification shall be stated at the end of the body of the	2817
indictment, count, or information and shall be stated in	2818
substantially the following form:	2819

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	2820
Grand Jurors (or insert the person's or the prosecuting attorney's	2821
name when appropriate) further find and specify that (set forth	2822
that the victim of the offense is a peace officer)."	2823

(B) The specification described in division (A) of this	2824
section may be used in a delinquent child proceeding in the manner	2825
and for the purpose described in section 2152.17 of the Revised	2826
Code.	2827

(C) As used in this section, "peace officer" has the same	2828
meaning as in section 2935.01 of the Revised Code.	2829

Sec. 2941.1414. (A) Imposition of a three-year mandatory	2830
prison term upon an offender under division (D)(6) of section	2831
2929.14 of the Revised Code is precluded unless the offender is	2832
convicted of or pleads guilty to violating division (A)(1) or (2)	2833
of section 2903.06 of the Revised Code and unless the indictment,	2834
count in the indictment, or information charging the offense	2835
specifies that the offender previously has been convicted of or	2836
pleaded guilty to three or more violations of division (A) or (B)	2837
of section 4511.19 of the Revised Code or an equivalent offense,	2838
or three or more violations of any combination of those divisions	2839
and offenses. The specification shall be stated at the end of the	2840
body of the indictment, count, or information and shall be stated	2841
in substantially the following form:	2842

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	2843
Grand Jurors (or insert the person's or the prosecuting attorney's	2844
name when appropriate) further find and specify that (set forth	2845
that the offender previously has been convicted of or pleaded	2846
guilty to three or more violations of division (A) or (B) of	2847
section 4511.19 of the Revised Code or an equivalent offense, or	2848
three or more violations of any combination of those divisions and	2849
offenses)."	2850

(B) The specification described in division (A) of this	2851
section may be used in a delinquent child proceeding in the manner	2852
and for the purpose described in section 2152.17 of the Revised	2853
Code.	2854

(C) As used in this section, "equivalent offense" has the	2855
same meaning as in section 4511.181 of the Revised Code.	2856

Sec. 4510.021.  (A) Unless expressly prohibited by section	2857
2919.22, section 4510.13, or any other section of the Revised	2858
Code, a court may grant limited driving privileges for any purpose	2859
described in division (A)(1), (2), or (3) of this section during	2860
any suspension imposed by the court. In granting the privileges,	2861
the court shall specify the purposes, times, and places of the	2862
privileges and may impose any other reasonable conditions on the	2863
person's driving of a motor vehicle. The privileges shall be for	2864
any of the following limited purposes:	2865

(1) Occupational, educational, vocational, or medical	2866
purposes;	2867

(2) Taking the driver's or commercial driver's license	2868
examination;	2869

(3) Attending court-ordered treatment.

2870

(B) Unless expressly authorized by a section of the Revised	2871
Code, a court may not grant limited driving privileges during any	2872
suspension imposed by the bureau of motor vehicles. To obtain	2873
limited driving privileges during a suspension imposed by the	2874
bureau, the person under suspension may file a petition may be	2875
filed in a court of record in the county in which the person under	2876
suspension resides. A person who is not a resident of this state	2877
shall file any petition for privileges either in the Franklin	2878
county municipal court, or, ifin the municipal or county court	2879
located in the county where the offense occurred. If the person	2880
who is not a resident of this state is a minor, the person may	2881
file the petition either in the Franklin county juvenile court or	2882
in the juvenile court with jurisdiction over the offense. If a	2883
court grants limited driving privileges as described in this	2884
division, the privileges shall be for any of the limited purposes	2885
identified in division (A) of this section.	2886

(C) When the use of an immobilizing or disabling device is	2887
not otherwise required by law, the court, as a condition of	2888
granting limited driving privileges, may require that the person's	2889
vehicle be equipped with an immobilizing or disabling device,	2890
except as provided in division (C) of section 4510.43 of the	2891
Revised Code. When the use of restricted license plates issued	2892
under section 4503.231 of the Revised Code is not otherwise	2893
required by law, the court, as a condition of granting limited	2894
driving privileges, may require that the person's vehicle be	2895
equipped with restricted license plates of that nature, except as	2896
provided in division (B) of that section.	2897

(D) When the court grants limited driving privileges under	2898
section 4510.31 of the Revised Code or any other provision of law	2899
during the suspension of the temporary instruction permit or	2900
probationary driver's license of a person who is under eighteen	2901
years of age, the court may include as a purpose of the privilege	2902
the person's practicing of driving with the person's parent,	2903
guardian, or other custodian during the period of the suspension.	2904
If the court grants limited driving privileges for this purpose,	2905
the court, in addition to all other conditions it imposes, shall	2906
impose as a condition that the person exercise the privilege only	2907
when a parent, guardian, or custodian of the person who holds a	2908
current valid driver's or commercial driver's license issued by	2909
this state actually occupies the seat beside the person in the	2910
vehicle the person is operating.	2911

(E) Before granting limited driving privileges under this	2912
section, the court shall require the offender to provide proof of	2913
financial responsibility pursuant to section 4509.45 of the	2914
Revised Code.	2915

Sec. 4510.12.  (A)(1) No person, except those expressly	2916
exempted under sections 4507.03, 4507.04, and 4507.05 of the	2917
Revised Code, shall operate any motor vehicle upon a public road	2918
or highway or any public or private property used by the public	2919
for purposes of vehicular travel or parking in this state unless	2920
the person has a valid driver's license issued under Chapter 4507.	2921
of the Revised Code or a commercial driver's license issued under	2922
Chapter 4506. of the Revised Code.	2923

(2) No person, except a person expressly exempted under	2924
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall	2925
operate any motorcycle upon a public road or highway or any public	2926
or private property used by the public for purposes of vehicular	2927
travel or parking in this state unless the person has a valid	2928
license as a motorcycle operator that was issued upon application	2929
by the registrar of motor vehicles under Chapter 4507. of the	2930
Revised Code. The license shall be in the form of an endorsement,	2931
as determined by the registrar, upon a driver's or commercial	2932
driver's license, if the person has a valid license to operate a	2933
motor vehicle or commercial motor vehicle, or in the form of a	2934
restricted license as provided in section 4507.14 of the Revised	2935
Code, if the person does not have a valid license to operate a	2936
motor vehicle or commercial motor vehicle.	2937

(B) Whoever violates this section is guilty of operating a	2938
motor vehicle without a valid license and shall be punished as	2939
follows:	2940

(1) If the trier of fact finds that the offender never has	2941
held a valid driver's or commercial driver's license issued by	2942
this state or any other jurisdiction, the offense is a misdemeanor	2943
of the first degree.	2944

(2)(a) Subject to division (B)(2)(b) of this section, if the	2945
offender's driver's or commercial driver's license or permit was	2946
expired at the time of the offense for no more than six months,	2947
subject to divisions (B)(3) to (5) of this section, the offense is	2948
a minor misdemeanor.	2949

(2) Ifand if the offender's driver's or commercial driver's	2950
license or permit was expired at the time of the offense for more	2951
than six months, subject to divisions (B)(3) to (5) of this	2952
section, the offense is a misdemeanor of the fourth degree.	2953

(3)(b)(i) If the offender previously was convicted of or	2954
pleaded guilty to one violation of this section or a substantially	2955
equivalent municipal ordinance within the past three years, the	2956
offense is a misdemeanor of the third degree.	2957

(4)(ii) If the offender previously was convicted of or	2958
pleaded guilty to two violations of this section or a	2959
substantially equivalent municipal ordinance within the past three	2960
years, the offense is a misdemeanor of the second degree.	2961

(5)(iii) If the offender previously was convicted of or	2962
pleaded guilty to three or more violations of this section or a	2963
substantially equivalent municipal ordinance within the past three	2964
years, the offense is a misdemeanor of the first degree.	2965

(C) The court shall not impose a license suspension for a	2966
first violation of this section or if more than three years have	2967
passed since the offender's last violation of this section or a	2968
substantially equivalent municipal ordinance.	2969

(D) If the offender was convicted of or pleaded guilty to one	2970
or more violations of this section or a substantially equivalent	2971
municipal ordinance within the past three years, and if the	2972
offender's license was expired for more than six months at the	2973
time of the offense, the court shall impose a class seven	2974
suspension of the offender's driver license, commercial driver's	2975
license, temporary instruction permit, probationary license, or	2976
nonresident operating privilege from the range specified in	2977
division (A)(7) of section 4510.02 of the Revised Code.	2978

Sec. 4510.15.  Whenever a person is found guilty of reckless	2979
operation of a motor vehicle under the laws of this state, or	2980
under any ordinance of any political subdivision of this state, of	2981
operating a motor vehicle in violation of any such law or	2982
ordinance relating to reckless operation, the trial court of any	2983
court of record, in addition to or independent of all other	2984
penalties provided by law, may impose a class five suspension of	2985
the offender's driver's or commercial driver's license or permit	2986
or nonresident operating privilege from the range specified in	2987
division (A)(5) of section 4510.02 of the Revised Code.	2988

Suspension of a commercial driver's license under this	2989
section shall be concurrent with any period of suspension	2990
disqualification under section 3123.58 or 4506.16 of the Revised	2991
Code. No person who is disqualified for life from holding a	2992
commercial driver's license under section 4506.16 of the Revised	2993
Code shall be issued a driver's license under Chapter 4507. of the	2994
Revised Code during the period for which the commercial driver's	2995
license was suspended under this section, and no person whose	2996
commercial driver's license is suspended under this section shall	2997
be issued a driver's license under Chapter 4507. of the Revised	2998
Code during the period of the suspension.	2999

Sec. 4510.16.  (A) No person, whose driver's or commercial	3000
driver's license or temporary instruction permit or nonresident's	3001
operating privilege has been suspended or canceled pursuant to	3002
Chapter 4509. of the Revised Code, shall operate any motor vehicle	3003
within this state, or knowingly permit any motor vehicle owned by	3004
the person to be operated by another person in the state, during	3005
the period of the suspension or cancellation, except as	3006
specifically authorized by Chapter 4509. of the Revised Code. No	3007
person shall operate a motor vehicle within this state, or	3008
knowingly permit any motor vehicle owned by the person to be	3009
operated by another person in the state, during the period in	3010
which the person is required by section 4509.45 of the Revised	3011
Code to file and maintain proof of financial responsibility for a	3012
violation of section 4509.101 of the Revised Code, unless proof of	3013
financial responsibility is maintained with respect to that	3014
vehicle.	3015

(B)(1) Whoever violates this section is guilty of driving	3016
under financial responsibility law suspension or cancellation, a	3017
misdemeanor of the first degree. The court shall impose a class	3018
seven suspension of the offender's driver's or commercial driver's	3019
license or permit or nonresident operating privilege for the	3020
period of time specified in division (A)(7) of section 4510.02 of	3021
the Revised Code.	3022

(2) If the vehicle is registered in the offender's name, the	3023
court, in addition to or independent of any other sentence that it	3024
imposes upon the offender, shall do one of the following:	3025

(a) Except as otherwise provided in division (B)(2)(b) or (c)	3026
of this section, order the immobilization for thirty days of the	3027
vehicle involved in the offense and the impoundment for thirty	3028
days of the license plates of that vehicle;	3029

(b) If, within five years of the offense, the offender	3030
previously has been convicted of or pleaded guilty to one	3031
violation of this section or a substantially similar municipal	3032
ordinance, order the immobilization for sixty days of the vehicle	3033
involved in the offense and impoundment for sixty days of the	3034
license plates of that vehicle;	3035

(c) If, within five years of the offense, the offender	3036
previously has been convicted of or pleaded guilty to two or more	3037
violations of this section or a substantially similar municipal	3038
ordinance, order the criminal forfeiture to the state of the	3039
vehicle involved in the offense. If title to a motor vehicle that	3040
is subject to an order for criminal forfeiture under this division	3041
is assigned or transferred and division (B)(2) or (3) of section	3042
4503.234 of the Revised Code applies, in addition to or	3043
independent of any other penalty established by law, the court may	3044
fine the offender the value of the vehicle as determined by	3045
publications of the national auto dealers association. The	3046
proceeds from any fine so imposed shall be distributed in	3047
accordance with division (C)(2) of that section.	3048

(C) Any order for immobilization and impoundment under this	3049
section shall be issued and enforced in accordance with sections	3050
4503.233 and 4507.02 of the Revised Code, as applicable. Any order	3051
of criminal forfeiture shall be issued and enforced in accordance	3052
with section 4503.234 of the Revised Code. The court shall not	3053
release a vehicle from immobilization orders under this section	3054
unless the court is presented with current proof of financial	3055
responsibility with respect to that vehicle.	3056

Sec. 4510.54.  (A) A person whose driver's or commercial	3057
driver's license has been suspended for life under a class one	3058
suspension or as otherwise provided by law or has been suspended	3059
for a period in excess of fifteen years under a class two	3060
suspension may file a motion with the sentencing court for	3061
modification or termination of the suspension. A motion under this	3062
division may be heard only once. The person filing the motion	3063
shall demonstrate all of the following:	3064

(1) At least fifteen years have elapsed since the suspension	3065
began.	3066

(2) For the past fifteen years, the person has not been found	3067
guilty of any felony, any offense involving a moving violation	3068
under federal law, the law of this state, or the law of any of its	3069
political subdivisions, or any violation of a suspension under	3070
this chapter or a substantially equivalent municipal ordinance.	3071

(3) The person has proof of financial responsibility, a	3072
policy of liability insurance in effect that meets the minimum	3073
standard set forth in section 4509.51 of the Revised Code, or	3074
proof, to the satisfaction of the registrar of motor vehicles,	3075
that the person is able to respond in damages in an amount at	3076
least equal to the minimum amounts specified in that section.	3077

(4) If the suspension was imposed because the person was	3078
under the influence of alcohol, a drug of abuse, or combination of	3079
them at the time of the offense or because at the time of the	3080
offense the person's whole blood, blood serum or plasma, breath,	3081
or urine contained at least the concentration of alcohol specified	3082
in division (A)(2), (3), (4), or (5) of section 4511.19 of the	3083
Revised Code, the person also shall demonstrate all of the	3084
following:	3085

(a) The person successfully completed an alcohol, drug, or	3086
alcohol and drug treatment program.	3087

(b) The person has not abused alcohol or other drugs for a	3088
period satisfactory to the court.	3089

(c) For the past fifteen years, the person has not been found	3090
guilty of any alcohol-related or drug-related offense.	3091

(B) Upon receipt of a motion for modification or termination	3092
of the suspension under this section, the court may schedule a	3093
hearing on the motion. The court may deny the motion without a	3094
hearing but shall not grant the motion without a hearing. If the	3095
court denies a motion without a hearing, the court may consider a	3096
subsequent motion filed under this section by that person. If a	3097
court denies the motion after a hearing, the court shall not	3098
consider a subsequent motion for that person. The court shall hear	3099
only one motion filed by a person under this section. If	3100
scheduled, the hearing shall be conducted in open court within	3101
ninety days after the date on which the motion is filed.	3102

(C) The court shall notify the person whose license was	3103
suspended and the prosecuting attorney of the date, time, and	3104
location of the hearing. Upon receipt of the notice from the	3105
court, the prosecuting attorney shall notify the victim or the	3106
victim's representative of the date, time, and location of the	3107
hearing.	3108

(D) At any hearing under this section, the person who seeks	3109
modification or termination of the suspension has the burden to	3110
demonstrate, under oath, that the person meets the requirements of	3111
division (A) of this section. At the hearing, the court shall	3112
afford the offender or the offender's counsel an opportunity to	3113
present oral or written information relevant to the motion. The	3114
court shall afford a similar opportunity to provide relevant	3115
information to the prosecuting attorney and the victim or victim's	3116
representative.	3117

Before ruling on the motion, the court shall take into	3118
account the person's driving record, the nature of the offense	3119
that led to the suspension, and the impact of the offense on any	3120
victim. In addition, if the offender is eligible for modification	3121
or termination of the suspension under division (A)(2) of this	3122
section, the court shall consider whether the person committed any	3123
other offense while under suspension and determine whether the	3124
offense is relevant to a determination under this section. The	3125
court may modify or terminate the suspension subject to any	3126
considerations it considers proper if it finds that allowing the	3127
person to drive is not likely to present a danger to the public.	3128
After the court makes a ruling on a motion filed under this	3129
section, the prosecuting attorney shall notify the victim or the	3130
victim's representative of the court's ruling.	3131

(E) If a court modifies a person's license suspension under	3132
this section and the person subsequently is found guilty of any	3133
moving violation or of any substantially equivalent municipal	3134
ordinance that carries as a possible penalty the suspension of a	3135
person's driver's or commercial driver's license, the court may	3136
reimpose the class one or other lifetime suspension, or the class	3137
two suspension, whichever is applicable.	3138

Sec. 4511.01.  As used in this chapter and in Chapter 4513.	3139
of the Revised Code:	3140

(A) "Vehicle" means every device, including a motorized	3141
bicycle, in, upon, or by which any person or property may be	3142
transported or drawn upon a highway, except that "vehicle" does	3143
not include any motorized wheelchair, any electric personal	3144
assistive mobility devicesdevice, any device that is moved by	3145
power collected from overhead electric trolley wires or that is	3146
used exclusively upon stationary rails or tracks, or any device,	3147
other than a bicycle, that is moved by human power.	3148

(B) "Motor vehicle" means every vehicle propelled or drawn by	3149
power other than muscular power or power collected from overhead	3150
electric trolley wires, except motorized bicycles, road rollers,	3151
traction engines, power shovels, power cranes, and other equipment	3152
used in construction work and not designed for or employed in	3153
general highway transportation, hole-digging machinery,	3154
well-drilling machinery, ditch-digging machinery, farm machinery,	3155
trailers used to transport agricultural produce or agricultural	3156
production materials between a local place of storage or supply	3157
and the farm when drawn or towed on a street or highway at a speed	3158
of twenty-five miles per hour or less, threshing machinery,	3159
hay-baling machinery, agricultural tractors and machinery used in	3160
the production of horticultural, floricultural, agricultural, and	3161
vegetable products, and trailers designed and used exclusively to	3162
transport a boat between a place of storage and a marina, or in	3163
and around a marina, when drawn or towed on a street or highway	3164
for a distance of no more than ten miles and at a speed of	3165
twenty-five miles per hour or less.	3166

(C) "Motorcycle" means every motor vehicle, other than a	3167
tractor, having a saddle for the use of the operator and designed	3168
to travel on not more than three wheels in contact with the	3169
ground, including, but not limited to, motor vehicles known as	3170
"motor-driven cycle," "motor scooter," or "motorcycle" without	3171
regard to weight or brake horsepower.	3172

(D) "Emergency vehicle" means emergency vehicles of	3173
municipal, township, or county departments or public utility	3174
corporations when identified as such as required by law, the	3175
director of public safety, or local authorities, and motor	3176
vehicles when commandeered by a police officer.	3177

(E) "Public safety vehicle" means any of the following:

3178

(1) Ambulances, including private ambulance companies under	3179
contract to a municipal corporation, township, or county, and	3180
private ambulances and nontransport vehicles bearing license	3181
plates issued under section 4503.49 of the Revised Code;	3182

(2) Motor vehicles used by public law enforcement officers or	3183
other persons sworn to enforce the criminal and traffic laws of	3184
the state;	3185

(3) Any motor vehicle when properly identified as required by	3186
the director of public safety, when used in response to fire	3187
emergency calls or to provide emergency medical service to ill or	3188
injured persons, and when operated by a duly qualified person who	3189
is a member of a volunteer rescue service or a volunteer fire	3190
department, and who is on duty pursuant to the rules or directives	3191
of that service. The state fire marshal shall be designated by the	3192
director of public safety as the certifying agency for all public	3193
safety vehicles described in division (E)(3) of this section.	3194

(4) Vehicles used by fire departments, including motor	3195
vehicles when used by volunteer fire fighters responding to	3196
emergency calls in the fire department service when identified as	3197
required by the director of public safety.	3198

Any vehicle used to transport or provide emergency medical	3199
service to an ill or injured person, when certified as a public	3200
safety vehicle, shall be considered a public safety vehicle when	3201
transporting an ill or injured person to a hospital regardless of	3202
whether such vehicle has already passed a hospital.	3203

(5) Vehicles used by the commercial motor vehicle safety	3204
enforcement unit for the enforcement of orders and rules of the	3205
public utilities commission as specified in section 5503.34 of the	3206
Revised Code.	3207

(F) "School bus" means every bus designed for carrying more	3208
than nine passengers that is owned by a public, private, or	3209
governmental agency or institution of learning and operated for	3210
the transportation of children to or from a school session or a	3211
school function, or owned by a private person and operated for	3212
compensation for the transportation of children to or from a	3213
school session or a school function, provided "school bus" does	3214
not include a bus operated by a municipally owned transportation	3215
system, a mass transit company operating exclusively within the	3216
territorial limits of a municipal corporation, or within such	3217
limits and the territorial limits of municipal corporations	3218
immediately contiguous to such municipal corporation, nor a common	3219
passenger carrier certified by the public utilities commission	3220
unless such bus is devoted exclusively to the transportation of	3221
children to and from a school session or a school function, and	3222
"school bus" does not include a van or bus used by a licensed	3223
child day-care center or type A family day-care home to transport	3224
children from the child day-care center or type A family day-care	3225
home to a school if the van or bus does not have more than fifteen	3226
children in the van or bus at any time.	3227

(G) "Bicycle" means every device, other than a tricycle	3228
designed solely for use as a play vehicle by a child, propelled	3229
solely by human power upon which any person may ride having either	3230
two tandem wheels, or one wheel in the front and two wheels in the	3231
rear, any of which is more than fourteen inches in diameter.	3232

(H) "Motorized bicycle" means any vehicle having either two	3233
tandem wheels or one wheel in the front and two wheels in the	3234
rear, that is capable of being pedaled and is equipped with a	3235
helper motor of not more than fifty cubic centimeters piston	3236
displacement that produces no more than one brake horsepower and	3237
is capable of propelling the vehicle at a speed of no greater than	3238
twenty miles per hour on a level surface.	3239

(I) "Commercial tractor" means every motor vehicle having	3240
motive power designed or used for drawing other vehicles and not	3241
so constructed as to carry any load thereon, or designed or used	3242
for drawing other vehicles while carrying a portion of such other	3243
vehicles, or load thereon, or both.	3244

(J) "Agricultural tractor" means every self-propelling	3245
vehicle designed or used for drawing other vehicles or wheeled	3246
machinery but having no provision for carrying loads independently	3247
of such other vehicles, and used principally for agricultural	3248
purposes.	3249

(K) "Truck" means every motor vehicle, except trailers and	3250
semitrailers, designed and used to carry property.	3251

(L) "Bus" means every motor vehicle designed for carrying	3252
more than nine passengers and used for the transportation of	3253
persons other than in a ridesharing arrangement, and every motor	3254
vehicle, automobile for hire, or funeral car, other than a taxicab	3255
or motor vehicle used in a ridesharing arrangement, designed and	3256
used for the transportation of persons for compensation.	3257

(M) "Trailer" means every vehicle designed or used for	3258
carrying persons or property wholly on its own structure and for	3259
being drawn by a motor vehicle, including any such vehicle when	3260
formed by or operated as a combination of a "semitrailer" and a	3261
vehicle of the dolly type, such as that commonly known as a	3262
"trailer dolly," a vehicle used to transport agricultural produce	3263
or agricultural production materials between a local place of	3264
storage or supply and the farm when drawn or towed on a street or	3265
highway at a speed greater than twenty-five miles per hour, and a	3266
vehicle designed and used exclusively to transport a boat between	3267
a place of storage and a marina, or in and around a marina, when	3268
drawn or towed on a street or highway for a distance of more than	3269
ten miles or at a speed of more than twenty-five miles per hour.	3270

(N) "Semitrailer" means every vehicle designed or used for	3271
carrying persons or property with another and separate motor	3272
vehicle so that in operation a part of its own weight or that of	3273
its load, or both, rests upon and is carried by another vehicle.	3274

(O) "Pole trailer" means every trailer or semitrailer	3275
attached to the towing vehicle by means of a reach, pole, or by	3276
being boomed or otherwise secured to the towing vehicle, and	3277
ordinarily used for transporting long or irregular shaped loads	3278
such as poles, pipes, or structural members capable, generally, of	3279
sustaining themselves as beams between the supporting connections.	3280

(P) "Railroad" means a carrier of persons or property	3281
operating upon rails placed principally on a private right-of-way.	3282

(Q) "Railroad train" means a steam engine or an electric or	3283
other motor, with or without cars coupled thereto, operated by a	3284
railroad.	3285

(R) "Streetcar" means a car, other than a railroad train, for	3286
transporting persons or property, operated upon rails principally	3287
within a street or highway.	3288

(S) "Trackless trolley" means every car that collects its	3289
power from overhead electric trolley wires and that is not	3290
operated upon rails or tracks.	3291

(T) "Explosives" means any chemical compound or mechanical	3292
mixture that is intended for the purpose of producing an explosion	3293
that contains any oxidizing and combustible units or other	3294
ingredients in such proportions, quantities, or packing that an	3295
ignition by fire, by friction, by concussion, by percussion, or by	3296
a detonator of any part of the compound or mixture may cause such	3297
a sudden generation of highly heated gases that the resultant	3298
gaseous pressures are capable of producing destructive effects on	3299
contiguous objects, or of destroying life or limb. Manufactured	3300
articles shall not be held to be explosives when the individual	3301
units contain explosives in such limited quantities, of such	3302
nature, or in such packing, that it is impossible to procure a	3303
simultaneous or a destructive explosion of such units, to the	3304
injury of life, limb, or property by fire, by friction, by	3305
concussion, by percussion, or by a detonator, such as fixed	3306
ammunition for small arms, firecrackers, or safety fuse matches.	3307

(U) "Flammable liquid" means any liquid that has a flash	3308
point of seventy degrees Fahrenheit, or less, as determined by a	3309
tagliabue or equivalent closed cup test device.	3310

(V) "Gross weight" means the weight of a vehicle plus the	3311
weight of any load thereon.	3312

(W) "Person" means every natural person, firm,	3313
co-partnership, association, or corporation.	3314

(X) "Pedestrian" means any natural person afoot.

3315

(Y) "Driver or operator" means every person who drives or is	3316
in actual physical control of a vehicle, trackless trolley, or	3317
streetcar.	3318

(Z) "Police officer" means every officer authorized to direct	3319
or regulate traffic, or to make arrests for violations of traffic	3320
regulations.	3321

(AA) "Local authorities" means every county, municipal, and	3322
other local board or body having authority to adopt police	3323
regulations under the constitution and laws of this state.	3324

(BB) "Street" or "highway" means the entire width between the	3325
boundary lines of every way open to the use of the public as a	3326
thoroughfare for purposes of vehicular travel.	3327

(CC) "Controlled-access highway" means every street or	3328
highway in respect to which owners or occupants of abutting lands	3329
and other persons have no legal right of access to or from the	3330
same except at such points only and in such manner as may be	3331
determined by the public authority having jurisdiction over such	3332
street or highway.	3333

(DD) "Private road or driveway" means every way or place in	3334
private ownership used for vehicular travel by the owner and those	3335
having express or implied permission from the owner but not by	3336
other persons.	3337

(EE) "Roadway" means that portion of a highway improved,	3338
designed, or ordinarily used for vehicular travel, except the berm	3339
or shoulder. If a highway includes two or more separate roadways	3340
the term "roadway" means any such roadway separately but not all	3341
such roadways collectively.	3342

(FF) "Sidewalk" means that portion of a street between the	3343
curb lines, or the lateral lines of a roadway, and the adjacent	3344
property lines, intended for the use of pedestrians.	3345

(GG) "Laned highway" means a highway the roadway of which is	3346
divided into two or more clearly marked lanes for vehicular	3347
traffic.	3348

(HH) "Through highway" means every street or highway as	3349
provided in section 4511.65 of the Revised Code.	3350

(II) "State highway" means a highway under the jurisdiction	3351
of the department of transportation, outside the limits of	3352
municipal corporations, provided that the authority conferred upon	3353
the director of transportation in section 5511.01 of the Revised	3354
Code to erect state highway route markers and signs directing	3355
traffic shall not be modified by sections 4511.01 to 4511.79 and	3356
4511.99 of the Revised Code.	3357

(JJ) "State route" means every highway that is designated	3358
with an official state route number and so marked.	3359

(KK) "Intersection" means:

3360

(1) The area embraced within the prolongation or connection	3361
of the lateral curb lines, or, if none, then the lateral boundary	3362
lines of the roadways of two highways which join one another at,	3363
or approximately at, right angles, or the area within which	3364
vehicles traveling upon different highways joining at any other	3365
angle may come in conflict.	3366

(2) Where a highway includes two roadways thirty feet or more	3367
apart, then every crossing of each roadway of such divided highway	3368
by an intersecting highway shall be regarded as a separate	3369
intersection. If an intersecting highway also includes two	3370
roadways thirty feet or more apart, then every crossing of two	3371
roadways of such highways shall be regarded as a separate	3372
intersection.	3373

(3) The junction of an alley with a street or highway, or	3374
with another alley, shall not constitute an intersection.	3375

(LL) "Crosswalk" means:

3376

(1) That part of a roadway at intersections ordinarily	3377
included within the real or projected prolongation of property	3378
lines and curb lines or, in the absence of curbs, the edges of the	3379
traversable roadway;	3380

(2) Any portion of a roadway at an intersection or elsewhere,	3381
distinctly indicated for pedestrian crossing by lines or other	3382
markings on the surface;	3383

(3) Notwithstanding divisions (LL)(1) and (2) of this	3384
section, there shall not be a crosswalk where local authorities	3385
have placed signs indicating no crossing.	3386

(MM) "Safety zone" means the area or space officially set	3387
apart within a roadway for the exclusive use of pedestrians and	3388
protected or marked or indicated by adequate signs as to be	3389
plainly visible at all times.	3390

(NN) "Business district" means the territory fronting upon a	3391
street or highway, including the street or highway, between	3392
successive intersections within municipal corporations where fifty	3393
per cent or more of the frontage between such successive	3394
intersections is occupied by buildings in use for business, or	3395
within or outside municipal corporations where fifty per cent or	3396
more of the frontage for a distance of three hundred feet or more	3397
is occupied by buildings in use for business, and the character of	3398
such territory is indicated by official traffic control devices.	3399

(OO) "Residence district" means the territory, not comprising	3400
a business district, fronting on a street or highway, including	3401
the street or highway, where, for a distance of three hundred feet	3402
or more, the frontage is improved with residences or residences	3403
and buildings in use for business.	3404

(PP) "Urban district" means the territory contiguous to and	3405
including any street or highway which is built up with structures	3406
devoted to business, industry, or dwelling houses situated at	3407
intervals of less than one hundred feet for a distance of a	3408
quarter of a mile or more, and the character of such territory is	3409
indicated by official traffic control devices.	3410

(QQ) "Traffic control devices" means all flaggers, signs,	3411
signals, markings, and devices placed or erected by authority of a	3412
public body or official having jurisdiction, for the purpose of	3413
regulating, warning, or guiding traffic, including signs denoting	3414
names of streets and highways.	3415

(RR) "Traffic control signal" means any device, whether	3416
manually, electrically, or mechanically operated, by which traffic	3417
is alternately directed to stop, to proceed, to change direction,	3418
or not to change direction.	3419

(SS) "Railroad sign or signal" means any sign, signal, or	3420
device erected by authority of a public body or official or by a	3421
railroad and intended to give notice of the presence of railroad	3422
tracks or the approach of a railroad train.	3423

(TT) "Traffic" means pedestrians, ridden or herded animals,	3424
vehicles, streetcars, trackless trolleys, and other devices,	3425
either singly or together, while using any highway for purposes of	3426
travel.	3427

(UU) "Right-of-way" means either of the following, as the	3428
context requires:	3429

(1) The right of a vehicle, streetcar, trackless trolley, or	3430
pedestrian to proceed uninterruptedly in a lawful manner in the	3431
direction in which it or the individual is moving in preference to	3432
another vehicle, streetcar, trackless trolley, or pedestrian	3433
approaching from a different direction into its or the	3434
individual's path;	3435

(2) A general term denoting land, property, or the interest	3436
therein, usually in the configuration of a strip, acquired for or	3437
devoted to transportation purposes. When used in this context,	3438
right-of-way includes the roadway, shoulders or berm, ditch, and	3439
slopes extending to the right-of-way limits under the control of	3440
the state or local authority.	3441

(VV) "Rural mail delivery vehicle" means every vehicle used	3442
to deliver United States mail on a rural mail delivery route.	3443

(WW) "Funeral escort vehicle" means any motor vehicle,	3444
including a funeral hearse, while used to facilitate the movement	3445
of a funeral procession.	3446

(XX) "Alley" means a street or highway intended to provide	3447
access to the rear or side of lots or buildings in urban districts	3448
and not intended for the purpose of through vehicular traffic, and	3449
includes any street or highway that has been declared an "alley"	3450
by the legislative authority of the municipal corporation in which	3451
such street or highway is located.	3452

(YY) "Freeway" means a divided multi-lane highway for through	3453
traffic with all crossroads separated in grade and with full	3454
control of access.	3455

(ZZ) "Expressway" means a divided arterial highway for	3456
through traffic with full or partial control of access with an	3457
excess of fifty per cent of all crossroads separated in grade.	3458

(AAA) "Thruway" means a through highway whose entire roadway	3459
is reserved for through traffic and on which roadway parking is	3460
prohibited.	3461

(BBB) "Stop intersection" means any intersection at one or	3462
more entrances of which stop signs are erected.	3463

(CCC) "Arterial street" means any United States or state	3464
numbered route, controlled access highway, or other major radial	3465
or circumferential street or highway designated by local	3466
authorities within their respective jurisdictions as part of a	3467
major arterial system of streets or highways.	3468

(DDD) "Ridesharing arrangement" means the transportation of	3469
persons in a motor vehicle where such transportation is incidental	3470
to another purpose of a volunteer driver and includes ridesharing	3471
arrangements known as carpools, vanpools, and buspools.	3472

(EEE) "Motorized wheelchair" means any self-propelled vehicle	3473
designed for, and used by, a handicapped person and that is	3474
incapable of a speed in excess of eight miles per hour.	3475

(FFF) "Child day-care center" and "type A family day-care	3476
home" have the same meanings as in section 5104.01 of the Revised	3477
Code.	3478

(GGG) "Multi-wheel agricultural tractor" means a type of	3479
agricultural tractor that has two or more wheels or tires on each	3480
side of one axle at the rear of the tractor, is designed or used	3481
for drawing other vehicles or wheeled machinery, has no provision	3482
for carrying loads independently of the drawn vehicles or	3483
machinery, and is used principally for agricultural purposes.	3484

(HHH) "Operate" means to cause or have caused movement of a	3485
vehicle, streetcar, or trackless trolley on any public or private	3486
property used by the public for purposes of vehicular travel or	3487
parking.	3488

(III) "Predicate motor vehicle or traffic offense" means any	3489
of the following:	3490

(1) A violation of section 4511.03, 4511.051, 4511.12,	3491
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	3492
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	3493
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	3494
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	3495
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	3496
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	3497
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	3498
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	3499
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	3500
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	3501

(2) A violation of division (A)(2) of section 4511.17,	3502
divisions (A) to (D) of section 4511.51, or division (A) of	3503
section 4511.74 of the Revised Code;	3504

(3) A violation of any provision of sections 4511.01 to	3505
4511.76 of the Revised Code for which no penalty otherwise is	3506
provided in the section that contains the provision violated;	3507

(4) A violation of a municipal ordinance that is	3508
substantially similar to any section or provision set forth or	3509
described in division (III)(1), (2), or (3) of this section.	3510

Sec. 4511.251.  (A) As used in this section and section	3511
4510.036 of the Revised Code, "street racing" means the operation	3512
of two or more vehicles from a point side by side at accelerating	3513
speeds in a competitive attempt to out-distance each other or the	3514
operation of one or more vehicles over a common selected course,	3515
from the same point to the same point, wherein timing is made of	3516
the participating vehicles involving competitive accelerations or	3517
speeds. Persons rendering assistance in any manner to such	3518
competitive use of vehicles shall be equally charged as the	3519
participants. The operation of two or more vehicles side by side	3520
either at speeds in excess of prima-facie lawful speeds	3521
established by divisions (B)(1)(a) to (B)(7) of section 4511.21 of	3522
the Revised Code or rapidly accelerating from a common starting	3523
point to a speed in excess of such prima-facie lawful speeds shall	3524
be prima-facie evidence of street racing.	3525

(B) No person shall participate in street racing upon any	3526
public road, street, or highway in this state.	3527

(C) Whoever violates this section is guilty of street racing,	3528
a misdemeanor of the first degree. In addition to any other	3529
sanctions, the court shall suspend the offender's driver's	3530
license, commercial driver's license, temporary instruction	3531
permit, probationary license, or nonresident operating privilege	3532
for not less than thirty days or more than one yearthree years.	3533
No judge shall suspend the first thirty days of any suspension of	3534
an offender's license, permit, or privilege imposed under this	3535
division.	3536

Sec. 4511.98. The director of transportation, board of county	3537
commissioners, or board of township trustees mayshall cause signs	3538
to be erected advising motorists that increased penalties apply	3539
for certain traffic violations occurring on streets or highways in	3540
a construction zone. The increased penalties shall be effective	3541
only when signs are erected in accordance with the guidelines and	3542
design specifications established by the director under section	3543
5501.27 of the Revised Code, and when a violation occurs during	3544
hours of actual work within the construction zone.	3545

Sec. 5501.27. (A) The director of transportation shall adopt	3546
rules that do the following:	3547

(1) Rules governing the posting of signs advising motorists	3548
that increased penalties apply for certain traffic violations	3549
occurring on streets or highways in a construction zone;	3550

(2) Rules governing the posting of signs to be used pursuant	3551
to section 2903.081 of the Revised Code giving notice to motorists	3552
of the prohibitions set forth in sections 2903.06 and 2903.08 of	3553
the Revised Code regarding the death of or injury to any person in	3554
a construction zone as a proximate result of a reckless operation	3555
offense or speeding offense. The	3556

(B) The rules required under divisions (A)(1) and (2) of this	3557
section shall include guidelines to determine which areas are	3558
appropriate to the posting of such signs. The guidelines may	3559
include consideration of the following: the duration of the work	3560
on the street or highway, the proximity of workers to moving	3561
traffic, the existence of any unusual or hazardous conditions, the	3562
volume of traffic on the street or highway, and any other	3563
appropriate factors. The director shall formulate design	3564
specifications for the signs described in division (A)(1) of this	3565
section advising motorists of the increased penalties and the	3566
signs described in division (A)(2) of this section notifying	3567
motorists of the prohibitions set forth in sections 2903.06 and	3568
2903.08 of the Revised Code regarding the death of or injury to	3569
any person in a construction zone as a proximate result of a	3570
reckless operation offense or speeding offense as described in	3571
that division. For purposes of traffic violation penalties,	3572
nothing in this section is intended to conflict with any standard	3573
set forth in the federal manual of uniform traffic control devices	3574
for streets and highways.	3575

(C) As used in this section and in section 4511.98 of the	3576
Revised Code, "construction zone" means that lane or portion of	3577
street or highway open to vehicular traffic and adjacent to a	3578
lane, berm, or shoulder of a street or highway within which lane,	3579
berm, or shoulder construction, reconstruction, resurfacing, or	3580
any other work of a repair or maintenance nature, including public	3581
utility work, is being conducted, commencing with the point where	3582
the first worker or piece of equipment is located and ending where	3583
the last worker or piece of equipment is located.	3584

Section 2. That existing sections 2152.02, 2152.17, 2152.20,	3585
2152.21, 2903.06, 2903.08, 2923.162, 2929.01, 2929.13, 2929.14,	3586
2929.18, 2929.21, 2929.28, 4510.021, 4510.12, 4510.15, 4510.16,	3587
4510.54, 4511.01, 4511.251, 4511.98, and 5501.27 of the Revised	3588
Code are hereby repealed.	3589

Section 3.  Section 2152.17 of the Revised Code is presented	3590
in this act as a composite of the section as amended by both Sub.	3591
H.B. 130 and Sub. H.B. 393 of the 124th General Assembly. Section	3592
4511.01 of the Revised Code is presented in this act as a	3593
composite of the section as amended by Am. Sub. S.B. 123 and Am.	3594
Sub. S.B. 231, both of the 124th General Assembly. The General	3595
Assembly, applying the principle stated in division (B) of section	3596
1.52 of the Revised Code that amendments are to be harmonized if	3597
reasonably capable of simultaneous operation, finds that the	3598
composites are the resulting versions of the sections in effect	3599
prior to the effective date of the sections as presented in this	3600
act.	3601

Section 4. This act is hereby declared to be an emergency	3602
measure necessary for the immediate preservation of the public	3603
peace, health, and safety. The reasons for such necessity are that	3604
the changes it makes regarding vehicular homicides and vehicular	3605
assaults occurring in constructions zone and regarding vehicular	3606
homicides when the victim is a peace officer or the offender is a	3607
repeat OVI offender are crucially needed for the protection of	3608
persons in construction zones, peace officers, and users of our	3609
streets and highways, and that the changes it makes to the	3610
provisions containing the Criminal Sentencing Commission traffic	3611
law and misdemeanor sentencing law revisions are needed to	3612
correspond as much as possible to the January 1, 2004, effective	3613
date of Am. Sub. S.B. 123 and Am. Sub. H.B. 490 of the 124th	3614
General Assembly to preserve the timely, equitable administration	3615
of the reforms in those laws. Therefore, this act shall go into	3616
immediate effect.	3617