REPRESENTATIVES Willamowski, Gilb, Brown, Latta, Callender, Grendell, Allen, Aslanides, Beatty, Book, Buehrer, Calvert, Carmichael, Cates, Cirelli, Collier, Core, Daniels, DeBose, DeGeeter, Distel, Domenick, Driehaus, C. Evans, D. Evans, Flowers, Hartnett, Harwood, Hughes, Martin, McGregor, Niehaus, Oelslager, Olman, Otterman, T. Patton, Price, Raga, Reidelbach, Schaffer, Schlichter, Schmidt, Seaver, Setzer, Sferra, Slaby, G. Smith, J. Stewart, Strahorn, Taylor, Walcher, White, Widener, Woodard, Young

To amend sections 2919.22, 2925.04, and 2925.041 of

1

the Revised Code to increase the penalties for

2

certain drug offenses if the offense is committed

3

in the vicinity of a school or in the vicinity of

4

a juvenile and to expand the offense of

5

endangering children to prohibit allowing children

6

to be within the vicinity of certain drug

7

offenses.

8

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

Section 1. That sections 2919.22, 2925.04, and 2925.041 of	9
the Revised Code be amended to read as follows:	10

Sec. 2919.22.  (A) No person, who is the parent, guardian,	11
custodian, person having custody or control, or person in loco	12
parentis of a child under eighteen years of age or a mentally or	13
physically handicapped child under twenty-one years of age, shall	14
create a substantial risk to the health or safety of the child, by	15
violating a duty of care, protection, or support. It is not a	16
violation of a duty of care, protection, or support under this	17
division when the parent, guardian, custodian, or person having	18
custody or control of a child treats the physical or mental	19
illness or defect of the child by spiritual means through prayer	20
alone, in accordance with the tenets of a recognized religious	21
body.	22

(B) No person shall do any of the following to a child under	23
eighteen years of age or a mentally or physically handicapped	24
child under twenty-one years of age:	25

(1) Abuse the child;

26

(2) Torture or cruelly abuse the child;

27

(3) Administer corporal punishment or other physical	28
disciplinary measure, or physically restrain the child in a cruel	29
manner or for a prolonged period, which punishment, discipline, or	30
restraint is excessive under the circumstances and creates a	31
substantial risk of serious physical harm to the child;	32

(4) Repeatedly administer unwarranted disciplinary measures	33
to the child, when there is a substantial risk that such conduct,	34
if continued, will seriously impair or retard the child's mental	35
health or development;	36

(5) Entice, coerce, permit, encourage, compel, hire, employ,	37
use, or allow the child to act, model, or in any other way	38
participate in, or be photographed for, the production,	39
presentation, dissemination, or advertisement of any material or	40
performance that the offender knows or reasonably should know is	41
obscene, is sexually oriented matter, or is nudity-oriented	42
matter;	43

(6) Allow the child to be on the same parcel of real property	44
and within one hundred feet of, or, in the case of more than one	45
housing unit on the same parcel of real property, in the same	46
housing unit and within one hundred feet of, any act in violation	47
of section 2925.04 or 2925.041 of the Revised Code when the person	48
knows that the act is occurring, whether or not any person is	49
prosecuted for or convicted of the violation of section 2925.04 or	50
2925.041 of the Revised Code that is the basis of the violation of	51
this division.	52

(C)(1) No person shall operate a vehicle, streetcar, or	53
trackless trolley within this state in violation of division (A)	54
of section 4511.19 of the Revised Code when one or more children	55
under eighteen years of age are in the vehicle, streetcar, or	56
trackless trolley. Notwithstanding any other provision of law, a	57
person may be convicted at the same trial or proceeding of a	58
violation of this division and a violation of division (A) of	59
section 4511.19 of the Revised Code that constitutes the basis of	60
the charge of the violation of this division. For purposes of	61
sections 4511.191 to 4511.197 of the Revised Code and all related	62
provisions of law, a person arrested for a violation of this	63
division shall be considered to be under arrest for operating a	64
vehicle while under the influence of alcohol, a drug of abuse, or	65
a combination of them or for operating a vehicle with a prohibited	66
concentration of alcohol in the whole blood, blood serum or	67
plasma, breath, or urine.	68

(2) As used in division (C)(1) of this section, "vehicle,"	69
"streetcar," and "trackless trolley" have the same meanings as in	70
section 4511.01 of the Revised Code.	71

(D)(1) Division (B)(5) of this section does not apply to any	72
material or performance that is produced, presented, or	73
disseminated for a bona fide medical, scientific, educational,	74
religious, governmental, judicial, or other proper purpose, by or	75
to a physician, psychologist, sociologist, scientist, teacher,	76
person pursuing bona fide studies or research, librarian, member	77
of the clergy, prosecutor, judge, or other person having a proper	78
interest in the material or performance.	79

(2) Mistake of age is not a defense to a charge under	80
division (B)(5) of this section.	81

(3) In a prosecution under division (B)(5) of this section,	82
the trier of fact may infer that an actor, model, or participant	83
in the material or performance involved is a juvenile if the	84
material or performance, through its title, text, visual	85
representation, or otherwise, represents or depicts the actor,	86
model, or participant as a juvenile.	87

(4) As used in this division and division (B)(5) of this	88
section:	89

(a) "Material," "performance," "obscene," and "sexual	90
activity" have the same meanings as in section 2907.01 of the	91
Revised Code.	92

(b) "Nudity-oriented matter" means any material or	93
performance that shows a minor in a state of nudity and that,	94
taken as a whole by the average person applying contemporary	95
community standards, appeals to prurient interest.	96

(c) "Sexually oriented matter" means any material or	97
performance that shows a minor participating or engaging in sexual	98
activity, masturbation, or bestiality.	99

(E)(1) Whoever violates this section is guilty of endangering	100
children.	101

(2) If the offender violates division (A) or (B)(1) of this	102
section, endangering children is one of the following:	103

(a) Except as otherwise provided in division (E)(2)(b), (c),	104
or (d) of this section, a misdemeanor of the first degree;	105

(b) If the offender previously has been convicted of an	106
offense under this section or of any offense involving neglect,	107
abandonment, contributing to the delinquency of, or physical abuse	108
of a child, except as otherwise provided in division (E)(2)(c) or	109
(d) of this section, a felony of the fourth degree;	110

(c) If the violation is a violation of division (A) of this	111
section and results in serious physical harm to the child	112
involved, a felony of the third degree;	113

(d) If the violation is a violation of division (B)(1) of	114
this section and results in serious physical harm to the child	115
involved, a felony of the second degree.	116

(3) If the offender violates division (B)(2), (3), or (4), or	117
(6) of this section, except as otherwise provided in this	118
division, endangering children is a felony of the third degree. If	119
the violation results in serious physical harm to the child	120
involved, or if the offender previously has been convicted of an	121
offense under this section or of any offense involving neglect,	122
abandonment, contributing to the delinquency of, or physical abuse	123
of a child, endangering children is a felony of the second degree.	124

(4) If the offender violates division (B)(5) of this section,	125
endangering children is a felony of the second degree.	126

(5) If the offender violates division (C) of this section,	127
the offender shall be punished as follows:	128

(a) Except as otherwise provided in division (E)(5)(b) or (c)	129
of this section, endangering children in violation of division (C)	130
of this section is a misdemeanor of the first degree.	131

(b) If the violation results in serious physical harm to the	132
child involved or the offender previously has been convicted of an	133
offense under this section or any offense involving neglect,	134
abandonment, contributing to the delinquency of, or physical abuse	135
of a child, except as otherwise provided in division (E)(5)(c) of	136
this section, endangering children in violation of division (C) of	137
this section is a felony of the fifth degree.	138

(c) If the violation results in serious physical harm to the	139
child involved and if the offender previously has been convicted	140
of a violation of division (C) of this section, section 2903.06 or	141
2903.08 of the Revised Code, section 2903.07 of the Revised Code	142
as it existed prior to March 23, 2000, or section 2903.04 of the	143
Revised Code in a case in which the offender was subject to the	144
sanctions described in division (D) of that section, endangering	145
children in violation of division (C) of this section is a felony	146
of the fourth degree.	147

(d) In addition to any term of imprisonment, fine, or other	148
sentence, penalty, or sanction it imposes upon the offender	149
pursuant to division (E)(5)(a), (b), or (c) of this section or	150
pursuant to any other provision of law and in addition to any	151
suspension of the offender's driver's or commercial driver's	152
license or permit or nonresident operating privilege under Chapter	153
4506., 4509., 4510., or 4511. of the Revised Code or under any	154
other provision of law, the court also may impose upon the	155
offender a class seven suspension of the offender's driver's or	156
commercial driver's license or permit or nonresident operating	157
privilege from the range specified in division (A)(7) of section	158
4510.02 of the Revised Code.	159

(e) In addition to any term of imprisonment, fine, or other	160
sentence, penalty, or sanction imposed upon the offender pursuant	161
to division (E)(5)(a), (b), (c), or (d) of this section or	162
pursuant to any other provision of law for the violation of	163
division (C) of this section, if as part of the same trial or	164
proceeding the offender also is convicted of or pleads guilty to a	165
separate charge charging the violation of division (A) of section	166
4511.19 of the Revised Code that was the basis of the charge of	167
the violation of division (C) of this section, the offender also	168
shall be sentenced in accordance with section 4511.19 of the	169
Revised Code for that violation of division (A) of section 4511.19	170
of the Revised Code.	171

(F)(1)(a) A court may require an offender to perform not more	172
than two hundred hours of supervised community service work under	173
the authority of an agency, subdivision, or charitable	174
organization. The requirement shall be part of the community	175
control sanction or sentence of the offender, and the court shall	176
impose the community service in accordance with and subject to	177
divisions (F)(1)(a) and (b) of this section. The court may require	178
an offender whom it requires to perform supervised community	179
service work as part of the offender's community control sanction	180
or sentence to pay the court a reasonable fee to cover the costs	181
of the offender's participation in the work, including, but not	182
limited to, the costs of procuring a policy or policies of	183
liability insurance to cover the period during which the offender	184
will perform the work. If the court requires the offender to	185
perform supervised community service work as part of the	186
offender's community control sanction or sentence, the court shall	187
do so in accordance with the following limitations and criteria:	188

(i) The court shall require that the community service work	189
be performed after completion of the term of imprisonment or jail	190
term imposed upon the offender for the violation of division (C)	191
of this section, if applicable.	192

(ii) The supervised community service work shall be subject	193
to the limitations set forth in divisions (B)(1), (2), and (3) of	194
section 2951.02 of the Revised Code.	195

(iii) The community service work shall be supervised in the	196
manner described in division (B)(4) of section 2951.02 of the	197
Revised Code by an official or person with the qualifications	198
described in that division. The official or person periodically	199
shall report in writing to the court concerning the conduct of the	200
offender in performing the work.	201

(iv) The court shall inform the offender in writing that if	202
the offender does not adequately perform, as determined by the	203
court, all of the required community service work, the court may	204
order that the offender be committed to a jail or workhouse for a	205
period of time that does not exceed the term of imprisonment that	206
the court could have imposed upon the offender for the violation	207
of division (C) of this section, reduced by the total amount of	208
time that the offender actually was imprisoned under the sentence	209
or term that was imposed upon the offender for that violation and	210
by the total amount of time that the offender was confined for any	211
reason arising out of the offense for which the offender was	212
convicted and sentenced as described in sections 2949.08 and	213
2967.191 of the Revised Code, and that, if the court orders that	214
the offender be so committed, the court is authorized, but not	215
required, to grant the offender credit upon the period of the	216
commitment for the community service work that the offender	217
adequately performed.	218

(b) If a court, pursuant to division (F)(1)(a) of this	219
section, orders an offender to perform community service work as	220
part of the offender's community control sanction or sentence and	221
if the offender does not adequately perform all of the required	222
community service work, as determined by the court, the court may	223
order that the offender be committed to a jail or workhouse for a	224
period of time that does not exceed the term of imprisonment that	225
the court could have imposed upon the offender for the violation	226
of division (C) of this section, reduced by the total amount of	227
time that the offender actually was imprisoned under the sentence	228
or term that was imposed upon the offender for that violation and	229
by the total amount of time that the offender was confined for any	230
reason arising out of the offense for which the offender was	231
convicted and sentenced as described in sections 2949.08 and	232
2967.191 of the Revised Code. The court may order that a person	233
committed pursuant to this division shall receive hour-for-hour	234
credit upon the period of the commitment for the community service	235
work that the offender adequately performed. No commitment	236
pursuant to this division shall exceed the period of the term of	237
imprisonment that the sentencing court could have imposed upon the	238
offender for the violation of division (C) of this section,	239
reduced by the total amount of time that the offender actually was	240
imprisoned under that sentence or term and by the total amount of	241
time that the offender was confined for any reason arising out of	242
the offense for which the offender was convicted and sentenced as	243
described in sections 2949.08 and 2967.191 of the Revised Code.	244

(2) Division (F)(1) of this section does not limit or affect	245
the authority of the court to suspend the sentence imposed upon a	246
misdemeanor offender and place the offender under a community	247
control sanction pursuant to section 2929.25 of the Revised Code,	248
to require a misdemeanor or felony offender to perform supervised	249
community service work in accordance with division (B) of section	250
2951.02 of the Revised Code, or to place a felony offender under a	251
community control sanction.	252

(G)(1) If a court suspends an offender's driver's or	253
commercial driver's license or permit or nonresident operating	254
privilege under division (E)(5)(d) of this section, the period of	255
the suspension shall be consecutive to, and commence after, the	256
period of suspension of the offender's driver's or commercial	257
driver's license or permit or nonresident operating privilege that	258
is imposed under Chapter 4506., 4509., 4510., or 4511. of the	259
Revised Code or under any other provision of law in relation to	260
the violation of division (C) of this section that is the basis of	261
the suspension under division (E)(5)(d) of this section or in	262
relation to the violation of division (A) of section 4511.19 of	263
the Revised Code that is the basis for that violation of division	264
(C) of this section.	265

(2) An offender is not entitled to request, and the court	266
shall not grant to the offender, limited driving privileges if the	267
offender's license, permit, or privilege has been suspended under	268
division (E)(5)(d) of this section and the offender, within the	269
preceding six years, has been convicted of or pleaded guilty to	270
three or more violations of one or more of the following:	271

(a) Division (C) of this section;

272

(b) Any equivalent offense, as defined in section 4511.181 of	273
the Revised Code.	274

(H)(1) If a person violates division (C) of this section and	275
if, at the time of the violation, there were two or more children	276
under eighteen years of age in the motor vehicle involved in the	277
violation, the offender may be convicted of a violation of	278
division (C) of this section for each of the children, but the	279
court may sentence the offender for only one of the violations.	280

(2)(a) If a person is convicted of or pleads guilty to a	281
violation of division (C) of this section but the person is not	282
also convicted of and does not also plead guilty to a separate	283
charge charging the violation of division (A) of section 4511.19	284
of the Revised Code that was the basis of the charge of the	285
violation of division (C) of this section, both of the following	286
apply:	287

(i) For purposes of the provisions of section 4511.19 of the	288
Revised Code that set forth the penalties and sanctions for a	289
violation of division (A) of section 4511.19 of the Revised Code,	290
the conviction of or plea of guilty to the violation of division	291
(C) of this section shall not constitute a violation of division	292
(A) of section 4511.19 of the Revised Code;	293

(ii) For purposes of any provision of law that refers to a	294
conviction of or plea of guilty to a violation of division (A) of	295
section 4511.19 of the Revised Code and that is not described in	296
division (H)(2)(a)(i) of this section, the conviction of or plea	297
of guilty to the violation of division (C) of this section shall	298
constitute a conviction of or plea of guilty to a violation of	299
division (A) of section 4511.19 of the Revised Code.	300

(b) If a person is convicted of or pleads guilty to a	301
violation of division (C) of this section and the person also is	302
convicted of or pleads guilty to a separate charge charging the	303
violation of division (A) of section 4511.19 of the Revised Code	304
that was the basis of the charge of the violation of division (C)	305
of this section, the conviction of or plea of guilty to the	306
violation of division (C) of this section shall not constitute,	307
for purposes of any provision of law that refers to a conviction	308
of or plea of guilty to a violation of division (A) of section	309
4511.19 of the Revised Code, a conviction of or plea of guilty to	310
a violation of division (A) of section 4511.19 of the Revised	311
Code.	312

(I) As used in this section:

313

(1) "Community control sanction" has the same meaning as in	314
section 2929.01 of the Revised Code;	315

(2) "Limited driving privileges" has the same meaning as in	316
section 4501.01 of the Revised Code.	317

Sec. 2925.04.  (A) No person shall knowingly cultivate	318
marihuana or knowingly manufacture or otherwise engage in any part	319
of the production of a controlled substance.	320

(B) This section does not apply to any person listed in	321
division (B)(1), (2), or (3) of section 2925.03 of the Revised	322
Code to the extent and under the circumstances described in those	323
divisions.	324

(C)(1) Whoever commits a violation of division (A) of this	325
section that involves any drug other than marihuana is guilty of	326
illegal manufacture of drugs, and whoever commits a violation of	327
division (A) of this section that involves marihuana is guilty of	328
illegal cultivation of marihuana.	329

(2) Except as otherwise provided in this division, if the	330
drug involved in the violation of division (A) of this section is	331
any compound, mixture, preparation, or substance included in	332
schedule I or II, with the exception of marihuana, illegal	333
manufacture of drugs is a felony of the second degree, and,	334
subject to division (E) of this section, the court shall impose as	335
a mandatory prison term one of the prison terms prescribed for a	336
felony of the second degree. If the drug involved in the violation	337
is any compound, mixture, preparation, or substance included in	338
schedule I or II, with the exception of marihuana, and if the	339
offense was committed in the vicinity of a juvenile or in the	340
vicinity of a school, illegal manufacture of drugs is a felony of	341
the first degree, and, subject to division (E) of this section,	342
the court shall impose as a mandatory prison term one of the	343
prison terms prescribed for a felony of the first degree. If the	344
drug involved in the violation is methamphetamine, any salt,	345
isomer, or salt of an isomer of methamphetamine, or any compound,	346
mixture, preparation, or substance containing methamphetamine or	347
any salt, isomer, or salt of an isomer of methamphetamine and if	348
the offense was committed in the vicinity of a juvenile, in the	349
vicinity of a school, or on public premises, illegal manufacture	350
of drugs is a felony of the first degree, and, subject to division	351
(E) of this section, the court shall impose as a mandatory prison	352
term one of the prison terms prescribed for a felony of the first	353
degree.	354

(3) If the drug involved in the violation of division (A) of	355
this section is any compound, mixture, preparation, or substance	356
included in schedule III, IV, or V, illegal manufacture of drugs	357
is a felony of the third degree or, if the offense was committed	358
in the vicinity of a school or in the vicinity of a juvenile, a	359
felony of the second degree, and there is a presumption for a	360
prison term for the offense.	361

(4) If the drug involved in the violation is marihuana, the	362
penalty for the offense shall be determined as follows:	363

(a) Except as otherwise provided in division (C)(4)(b), (c),	364
(d), (e), or (f) of this section, illegal cultivation of marihuana	365
is a minor misdemeanor or, if the offense was committed in the	366
vicinity of a school or in the vicinity of a juvenile, a	367
misdemeanor of the fourth degree.	368

(b) If the amount of marihuana involved equals or exceeds one	369
hundred grams but is less than two hundred grams, illegal	370
cultivation of marihuana is a misdemeanor of the fourth degree or,	371
if the offense was committed in the vicinity of a school or in the	372
vicinity of a juvenile, a misdemeanor of the third degree.	373

(c) If the amount of marihuana involved equals or exceeds two	374
hundred grams but is less than one thousand grams, illegal	375
cultivation of marihuana is a felony of the fifth degree or, if	376
the offense was committed in the vicinity of a school or in the	377
vicinity of a juvenile, a felony of the fourth degree, and	378
division (B) of section 2929.13 of the Revised Code applies in	379
determining whether to impose a prison term on the offender.	380

(d) If the amount of marihuana involved equals or exceeds one	381
thousand grams but is less than five thousand grams, illegal	382
cultivation of marihuana is a felony of the third degree or, if	383
the offense was committed in the vicinity of a school or in the	384
vicinity of a juvenile, a felony of the second degree, and	385
division (C) of section 2929.13 of the Revised Code applies in	386
determining whether to impose a prison term on the offender.	387

(e) If the amount of marihuana involved equals or exceeds	388
five thousand grams but is less than twenty thousand grams,	389
illegal cultivation of marihuana is a felony of the third degree	390
or, if the offense was committed in the vicinity of a school or in	391
the vicinity of a juvenile, a felony of the second degree, and	392
there is a presumption for a prison term for the offense.	393

(f) IfExcept as otherwise provided in this division, if the	394
amount of marihuana involved equals or exceeds twenty thousand	395
grams, illegal cultivation of marihuana is a felony of the second	396
degree, and the court shall impose as a mandatory prison term the	397
maximum prison term prescribed for a felony of the second degree.	398
If the amount of the drug involved equals or exceeds twenty	399
thousand grams and if the offense was committed in the vicinity of	400
a school or in the vicinity of a juvenile, illegal cultivation of	401
marihuana is a felony of the first degree, and the court shall	402
impose as a mandatory prison term the maximum prison term	403
prescribed for a felony of the first degree.	404

(D) In addition to any prison term authorized or required by	405
division (C) or (E) of this section and sections 2929.13 and	406
2929.14 of the Revised Code and in addition to any other sanction	407
imposed for the offense under this section or sections 2929.11 to	408
2929.18 of the Revised Code, the court that sentences an offender	409
who is convicted of or pleads guilty to a violation of division	410
(A) of this section shall do all of the following that are	411
applicable regarding the offender:	412

(1) If the violation of division (A) of this section is a	413
felony of the first, second, or third degree, the court shall	414
impose upon the offender the mandatory fine specified for the	415
offense under division (B)(1) of section 2929.18 of the Revised	416
Code unless, as specified in that division, the court determines	417
that the offender is indigent. The clerk of the court shall pay a	418
mandatory fine or other fine imposed for a violation of this	419
section pursuant to division (A) of section 2929.18 of the Revised	420
Code in accordance with and subject to the requirements of	421
division (F) of section 2925.03 of the Revised Code. The agency	422
that receives the fine shall use the fine as specified in division	423
(F) of section 2925.03 of the Revised Code. If a person is charged	424
with a violation of this section that is a felony of the first,	425
second, or third degree, posts bail, and forfeits the bail, the	426
clerk shall pay the forfeited bail as if the forfeited bail were a	427
fine imposed for a violation of this section.	428

(2) The court shall suspend the offender's driver's or	429
commercial driver's license or permit in accordance with division	430
(G) of section 2925.03 of the Revised Code. If an offender's	431
driver's or commercial driver's license or permit is suspended in	432
accordance with that division, the offender may request	433
termination of, and the court may terminate, the suspension in	434
accordance with that division.	435

(3) If the offender is a professionally licensed person, the	436
court immediately shall comply with section 2925.38 of the Revised	437
Code.	438

(E) Notwithstanding the prison term otherwise authorized or	439
required for the offense under division (C) of this section and	440
sections 2929.13 and 2929.14 of the Revised Code, if the violation	441
of division (A) of this section involves the sale, offer to sell,	442
or possession of a schedule I or II controlled substance, with the	443
exception of marihuana, and if the court imposing sentence upon	444
the offender finds that the offender as a result of the violation	445
is a major drug offender and is guilty of a specification of the	446
type described in section 2941.1410 of the Revised Code, the	447
court, in lieu of the prison term otherwise authorized or	448
required, shall impose upon the offender the mandatory prison term	449
specified in division (D)(3)(a) of section 2929.14 of the Revised	450
Code and may impose an additional prison term under division	451
(D)(3)(b) of that section.	452

(F) It is an affirmative defense, as provided in section	453
2901.05 of the Revised Code, to a charge under this section for a	454
fifth degree felony violation of illegal cultivation of marihuana	455
that the marihuana that gave rise to the charge is in an amount,	456
is in a form, is prepared, compounded, or mixed with substances	457
that are not controlled substances in a manner, or is possessed or	458
cultivated under any other circumstances that indicate that the	459
marihuana was solely for personal use.	460

Notwithstanding any contrary provision of division (F) of	461
this section, if, in accordance with section 2901.05 of the	462
Revised Code, a person who is charged with a violation of illegal	463
cultivation of marihuana that is a felony of the fifth degree	464
sustains the burden of going forward with evidence of and	465
establishes by a preponderance of the evidence the affirmative	466
defense described in this division, the person may be prosecuted	467
for and may be convicted of or plead guilty to a misdemeanor	468
violation of illegal cultivation of marihuana.	469

(G) Arrest or conviction for a minor misdemeanor violation of	470
this section does not constitute a criminal record and need not be	471
reported by the person so arrested or convicted in response to any	472
inquiries about the person's criminal record, including any	473
inquiries contained in an application for employment, a license,	474
or any other right or privilege or made in connection with the	475
person's appearance as a witness.	476

Sec. 2925.041.  (A) No person shall knowingly assemble or	477
possess one or more chemicals that may be used to manufacture a	478
controlled substance in schedule I or II with the intent to	479
manufacture a controlled substance in schedule I or II in	480
violation of section 2925.04 of the Revised Code.	481

(B) In a prosecution under this section, it is not necessary	482
to allege or prove that the offender assembled or possessed all	483
chemicals necessary to manufacture a controlled substance in	484
schedule I or II. The assembly or possession of a single chemical	485
that may be used in the manufacture of a controlled substance in	486
schedule I or II, with the intent to manufacture a controlled	487
substance in either schedule, is sufficient to violate this	488
section.	489

(C) Whoever violates this section is guilty of illegal	490
assembly or possession of chemicals for the manufacture of drugs.	491
IllegalExcept as otherwise provided in this division, illegal	492
assembly or possession of chemicals for the manufacture of drugs	493
is a felony of the third degree, and division (C) of section	494
2929.13 of the Revised Code applies in determining whether to	495
impose a prison term on the offender. If the offense was committed	496
in the vicinity of a juvenile or in the vicinity of a school,	497
illegal assembly or possession of chemicals for the manufacture of	498
drugs is a felony of the second degree, and division (C) of	499
section 2929.13 of the Revised Code applies in determining whether	500
to impose a prison term on the offender.	501

(D) In addition to any prison term authorized by division (C)	502
of this section and sections 2929.13 and 2929.14 of the Revised	503
Code and in addition to any other sanction imposed for the offense	504
under this section or sections 2929.11 to 2929.18 of the Revised	505
Code, the court that sentences an offender who is convicted of or	506
pleads guilty to a violation of this section shall do all of the	507
following that are applicable regarding the offender:	508

(1) The court shall impose upon the offender the mandatory	509
fine specified for the offense under division (B)(1) of section	510
2929.18 of the Revised Code unless, as specified in that division,	511
the court determines that the offender is indigent. The clerk of	512
the court shall pay a mandatory fine or other fine imposed for a	513
violation of this section under division (A) of section 2929.18 of	514
the Revised Code in accordance with and subject to the	515
requirements of division (F) of section 2925.03 of the Revised	516
Code. The agency that receives the fine shall use the fine as	517
specified in division (F) of section 2925.03 of the Revised Code.	518
If a person charged with a violation of this section posts bail	519
and forfeits the bail, the clerk shall pay the forfeited bail as	520
if the forfeited bail were a fine imposed for a violation of this	521
section.	522

(2) The court shall revoke or suspend the offender's driver's	523
or commercial driver's license or permit in accordance with	524
division (G) of section 2925.03 of the Revised Code. If an	525
offender's driver's or commercial driver's license or permit is	526
revoked in accordance with that division, the offender may request	527
termination of, and the court may terminate, the revocation in	528
accordance with that division.	529

(3) If the offender is a professionally licensed person or a	530
person who has been admitted to the bar by order of the supreme	531
court in compliance with its prescribed and published rules, the	532
court shall comply with section 2925.38 of the Revised Code.	533

Section 2. That existing sections 2919.22, 2925.04, and	534
2925.041 of the Revised Code are hereby repealed.	535