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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
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 |
(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 |
(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 |
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 |
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 |
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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |