REPRESENTATIVES Willamowski, Gilb, Brown, Latta, Callender, Grendell

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 within one hundred feet of or	44
within the view of any activity involved in the commission of a	45
violation of section 2925.04 or section 2925.041 of the Revised	46
Code.	47

(C)(1) No person shall operate a vehicle, streetcar, or	48
trackless trolley within this state in violation of division (A)	49
of section 4511.19 of the Revised Code when one or more children	50
under eighteen years of age are in the vehicle, streetcar, or	51
trackless trolley. Notwithstanding any other provision of law, a	52
person may be convicted at the same trial or proceeding of a	53
violation of this division and a violation of division (A) of	54
section 4511.19 of the Revised Code that constitutes the basis of	55
the charge of the violation of this division. For purposes of	56
sections 4511.191 to 4511.197 of the Revised Code and all related	57
provisions of law, a person arrested for a violation of this	58
division shall be considered to be under arrest for operating a	59
vehicle while under the influence of alcohol, a drug of abuse, or	60
a combination of them or for operating a vehicle with a prohibited	61
concentration of alcohol in the whole blood, blood serum or	62
plasma, breath, or urine.	63

(2) As used in division (C)(1) of this section, "vehicle,"	64
"streetcar," and "trackless trolley" have the same meanings as in	65
section 4511.01 of the Revised Code.	66

(D)(1) Division (B)(5) of this section does not apply to any	67
material or performance that is produced, presented, or	68
disseminated for a bona fide medical, scientific, educational,	69
religious, governmental, judicial, or other proper purpose, by or	70
to a physician, psychologist, sociologist, scientist, teacher,	71
person pursuing bona fide studies or research, librarian, member	72
of the clergy, prosecutor, judge, or other person having a proper	73
interest in the material or performance.	74

(2) Mistake of age is not a defense to a charge under	75
division (B)(5) of this section.	76

(3) In a prosecution under division (B)(5) of this section,	77
the trier of fact may infer that an actor, model, or participant	78
in the material or performance involved is a juvenile if the	79
material or performance, through its title, text, visual	80
representation, or otherwise, represents or depicts the actor,	81
model, or participant as a juvenile.	82

(4) As used in this division and division (B)(5) of this	83
section:	84

(a) "Material," "performance," "obscene," and "sexual	85
activity" have the same meanings as in section 2907.01 of the	86
Revised Code.	87

(b) "Nudity-oriented matter" means any material or	88
performance that shows a minor in a state of nudity and that,	89
taken as a whole by the average person applying contemporary	90
community standards, appeals to prurient interest.	91

(c) "Sexually oriented matter" means any material or	92
performance that shows a minor participating or engaging in sexual	93
activity, masturbation, or bestiality.	94

(E)(1) Whoever violates this section is guilty of endangering	95
children.	96

(2) If the offender violates division (A) or (B)(1) of this	97
section, endangering children is one of the following:	98

(a) Except as otherwise provided in division (E)(2)(b), (c),	99
or (d) of this section, a misdemeanor of the first degree;	100

(b) If the offender previously has been convicted of an	101
offense under this section or of any offense involving neglect,	102
abandonment, contributing to the delinquency of, or physical abuse	103
of a child, except as otherwise provided in division (E)(2)(c) or	104
(d) of this section, a felony of the fourth degree;	105

(c) If the violation is a violation of division (A) of this	106
section and results in serious physical harm to the child	107
involved, a felony of the third degree;	108

(d) If the violation is a violation of division (B)(1) of	109
this section and results in serious physical harm to the child	110
involved, a felony of the second degree.	111

(3) If the offender violates division (B)(2), (3), or (4), or	112
(6) of this section, except as otherwise provided in this	113
division, endangering children is a felony of the third degree. If	114
the violation results in serious physical harm to the child	115
involved, or if the offender previously has been convicted of an	116
offense under this section or of any offense involving neglect,	117
abandonment, contributing to the delinquency of, or physical abuse	118
of a child, endangering children is a felony of the second degree.	119

(4) If the offender violates division (B)(5) of this section,	120
endangering children is a felony of the second degree.	121

(5) If the offender violates division (C) of this section,	122
the offender shall be punished as follows:	123

(a) Except as otherwise provided in division (E)(5)(b) or (c)	124
of this section, endangering children in violation of division (C)	125
of this section is a misdemeanor of the first degree.	126

(b) If the violation results in serious physical harm to the	127
child involved or the offender previously has been convicted of an	128
offense under this section or any offense involving neglect,	129
abandonment, contributing to the delinquency of, or physical abuse	130
of a child, except as otherwise provided in division (E)(5)(c) of	131
this section, endangering children in violation of division (C) of	132
this section is a felony of the fifth degree.	133

(c) If the violation results in serious physical harm to the	134
child involved and if the offender previously has been convicted	135
of a violation of division (C) of this section, section 2903.06 or	136
2903.08 of the Revised Code, section 2903.07 of the Revised Code	137
as it existed prior to March 23, 2000, or section 2903.04 of the	138
Revised Code in a case in which the offender was subject to the	139
sanctions described in division (D) of that section, endangering	140
children in violation of division (C) of this section is a felony	141
of the fourth degree.	142

(d) In addition to any term of imprisonment, fine, or other	143
sentence, penalty, or sanction it imposes upon the offender	144
pursuant to division (E)(5)(a), (b), or (c) of this section or	145
pursuant to any other provision of law and in addition to any	146
suspension of the offender's driver's or commercial driver's	147
license or permit or nonresident operating privilege under Chapter	148
4506., 4509., 4510., or 4511. of the Revised Code or under any	149
other provision of law, the court also may impose upon the	150
offender a class seven suspension of the offender's driver's or	151
commercial driver's license or permit or nonresident operating	152
privilege from the range specified in division (A)(7) of section	153
4510.02 of the Revised Code.	154

(e) In addition to any term of imprisonment, fine, or other	155
sentence, penalty, or sanction imposed upon the offender pursuant	156
to division (E)(5)(a), (b), (c), or (d) of this section or	157
pursuant to any other provision of law for the violation of	158
division (C) of this section, if as part of the same trial or	159
proceeding the offender also is convicted of or pleads guilty to a	160
separate charge charging the violation of division (A) of section	161
4511.19 of the Revised Code that was the basis of the charge of	162
the violation of division (C) of this section, the offender also	163
shall be sentenced in accordance with section 4511.19 of the	164
Revised Code for that violation of division (A) of section 4511.19	165
of the Revised Code.	166

(F)(1)(a) A court may require an offender to perform not more	167
than two hundred hours of supervised community service work under	168
the authority of an agency, subdivision, or charitable	169
organization. The requirement shall be part of the community	170
control sanction or sentence of the offender, and the court shall	171
impose the community service in accordance with and subject to	172
divisions (F)(1)(a) and (b) of this section. The court may require	173
an offender whom it requires to perform supervised community	174
service work as part of the offender's community control sanction	175
or sentence to pay the court a reasonable fee to cover the costs	176
of the offender's participation in the work, including, but not	177
limited to, the costs of procuring a policy or policies of	178
liability insurance to cover the period during which the offender	179
will perform the work. If the court requires the offender to	180
perform supervised community service work as part of the	181
offender's community control sanction or sentence, the court shall	182
do so in accordance with the following limitations and criteria:	183

(i) The court shall require that the community service work	184
be performed after completion of the term of imprisonment or jail	185
term imposed upon the offender for the violation of division (C)	186
of this section, if applicable.	187

(ii) The supervised community service work shall be subject	188
to the limitations set forth in divisions (B)(1), (2), and (3) of	189
section 2951.02 of the Revised Code.	190

(iii) The community service work shall be supervised in the	191
manner described in division (B)(4) of section 2951.02 of the	192
Revised Code by an official or person with the qualifications	193
described in that division. The official or person periodically	194
shall report in writing to the court concerning the conduct of the	195
offender in performing the work.	196

(iv) The court shall inform the offender in writing that if	197
the offender does not adequately perform, as determined by the	198
court, all of the required community service work, the court may	199
order that the offender be committed to a jail or workhouse for a	200
period of time that does not exceed the term of imprisonment that	201
the court could have imposed upon the offender for the violation	202
of division (C) of this section, reduced by the total amount of	203
time that the offender actually was imprisoned under the sentence	204
or term that was imposed upon the offender for that violation and	205
by the total amount of time that the offender was confined for any	206
reason arising out of the offense for which the offender was	207
convicted and sentenced as described in sections 2949.08 and	208
2967.191 of the Revised Code, and that, if the court orders that	209
the offender be so committed, the court is authorized, but not	210
required, to grant the offender credit upon the period of the	211
commitment for the community service work that the offender	212
adequately performed.	213

(b) If a court, pursuant to division (F)(1)(a) of this	214
section, orders an offender to perform community service work as	215
part of the offender's community control sanction or sentence and	216
if the offender does not adequately perform all of the required	217
community service work, as determined by the court, the court may	218
order that the offender be committed to a jail or workhouse for a	219
period of time that does not exceed the term of imprisonment that	220
the court could have imposed upon the offender for the violation	221
of division (C) of this section, reduced by the total amount of	222
time that the offender actually was imprisoned under the sentence	223
or term that was imposed upon the offender for that violation and	224
by the total amount of time that the offender was confined for any	225
reason arising out of the offense for which the offender was	226
convicted and sentenced as described in sections 2949.08 and	227
2967.191 of the Revised Code. The court may order that a person	228
committed pursuant to this division shall receive hour-for-hour	229
credit upon the period of the commitment for the community service	230
work that the offender adequately performed. No commitment	231
pursuant to this division shall exceed the period of the term of	232
imprisonment that the sentencing court could have imposed upon the	233
offender for the violation of division (C) of this section,	234
reduced by the total amount of time that the offender actually was	235
imprisoned under that sentence or term and by the total amount of	236
time that the offender was confined for any reason arising out of	237
the offense for which the offender was convicted and sentenced as	238
described in sections 2949.08 and 2967.191 of the Revised Code.	239

(2) Division (F)(1) of this section does not limit or affect	240
the authority of the court to suspend the sentence imposed upon a	241
misdemeanor offender and place the offender under a community	242
control sanction pursuant to section 2929.25 of the Revised Code,	243
to require a misdemeanor or felony offender to perform supervised	244
community service work in accordance with division (B) of section	245
2951.02 of the Revised Code, or to place a felony offender under a	246
community control sanction.	247

(G)(1) If a court suspends an offender's driver's or	248
commercial driver's license or permit or nonresident operating	249
privilege under division (E)(5)(d) of this section, the period of	250
the suspension shall be consecutive to, and commence after, the	251
period of suspension of the offender's driver's or commercial	252
driver's license or permit or nonresident operating privilege that	253
is imposed under Chapter 4506., 4509., 4510., or 4511. of the	254
Revised Code or under any other provision of law in relation to	255
the violation of division (C) of this section that is the basis of	256
the suspension under division (E)(5)(d) of this section or in	257
relation to the violation of division (A) of section 4511.19 of	258
the Revised Code that is the basis for that violation of division	259
(C) of this section.	260

(2) An offender is not entitled to request, and the court	261
shall not grant to the offender, limited driving privileges if the	262
offender's license, permit, or privilege has been suspended under	263
division (E)(5)(d) of this section and the offender, within the	264
preceding six years, has been convicted of or pleaded guilty to	265
three or more violations of one or more of the following:	266

(a) Division (C) of this section;

267

(b) Any equivalent offense, as defined in section 4511.181 of	268
the Revised Code.	269

(H)(1) If a person violates division (C) of this section and	270
if, at the time of the violation, there were two or more children	271
under eighteen years of age in the motor vehicle involved in the	272
violation, the offender may be convicted of a violation of	273
division (C) of this section for each of the children, but the	274
court may sentence the offender for only one of the violations.	275

(2)(a) If a person is convicted of or pleads guilty to a	276
violation of division (C) of this section but the person is not	277
also convicted of and does not also plead guilty to a separate	278
charge charging the violation of division (A) of section 4511.19	279
of the Revised Code that was the basis of the charge of the	280
violation of division (C) of this section, both of the following	281
apply:	282

(i) For purposes of the provisions of section 4511.19 of the	283
Revised Code that set forth the penalties and sanctions for a	284
violation of division (A) of section 4511.19 of the Revised Code,	285
the conviction of or plea of guilty to the violation of division	286
(C) of this section shall not constitute a violation of division	287
(A) of section 4511.19 of the Revised Code;	288

(ii) For purposes of any provision of law that refers to a	289
conviction of or plea of guilty to a violation of division (A) of	290
section 4511.19 of the Revised Code and that is not described in	291
division (H)(2)(a)(i) of this section, the conviction of or plea	292
of guilty to the violation of division (C) of this section shall	293
constitute a conviction of or plea of guilty to a violation of	294
division (A) of section 4511.19 of the Revised Code.	295

(b) If a person is convicted of or pleads guilty to a	296
violation of division (C) of this section and the person also is	297
convicted of or pleads guilty to a separate charge charging the	298
violation of division (A) of section 4511.19 of the Revised Code	299
that was the basis of the charge of the violation of division (C)	300
of this section, the conviction of or plea of guilty to the	301
violation of division (C) of this section shall not constitute,	302
for purposes of any provision of law that refers to a conviction	303
of or plea of guilty to a violation of division (A) of section	304
4511.19 of the Revised Code, a conviction of or plea of guilty to	305
a violation of division (A) of section 4511.19 of the Revised	306
Code.	307

(I) As used in this section:

308

(1) "Community control sanction" has the same meaning as in	309
section 2929.01 of the Revised Code;	310

(2) "Limited driving privileges" has the same meaning as in	311
section 4501.01 of the Revised Code.	312

Sec. 2925.04.  (A) No person shall knowingly cultivate	313
marihuana or knowingly manufacture or otherwise engage in any part	314
of the production of a controlled substance.	315

(B) This section does not apply to any person listed in	316
division (B)(1), (2), or (3) of section 2925.03 of the Revised	317
Code to the extent and under the circumstances described in those	318
divisions.	319

(C)(1) Whoever commits a violation of division (A) of this	320
section that involves any drug other than marihuana is guilty of	321
illegal manufacture of drugs, and whoever commits a violation of	322
division (A) of this section that involves marihuana is guilty of	323
illegal cultivation of marihuana.	324

(2) Except as otherwise provided in this division, if the	325
drug involved in the violation of division (A) of this section is	326
any compound, mixture, preparation, or substance included in	327
schedule I or II, with the exception of marihuana, illegal	328
manufacture of drugs is a felony of the second degree, and,	329
subject to division (E) of this section, the court shall impose as	330
a mandatory prison term one of the prison terms prescribed for a	331
felony of the second degree. If the drug involved in the violation	332
is any compound, mixture, preparation, or substance included in	333
schedule I or II, with the exception of marihuana, and if the	334
offense was committed in the vicinity of a juvenile or in the	335
vicinity of a school, illegal manufacture of drugs is a felony of	336
the first degree, and, subject to division (E) of this section,	337
the court shall impose as a mandatory prison term one of the	338
prison terms prescribed for a felony of the first degree. If the	339
drug involved in the violation is methamphetamine, any salt,	340
isomer, or salt of an isomer of methamphetamine, or any compound,	341
mixture, preparation, or substance containing methamphetamine or	342
any salt, isomer, or salt of an isomer of methamphetamine and if	343
the offense was committed in the vicinity of a juvenile, in the	344
vicinity of a school, or on public premises, illegal manufacture	345
of drugs is a felony of the first degree, and, subject to division	346
(E) of this section, the court shall impose as a mandatory prison	347
term one of the prison terms prescribed for a felony of the first	348
degree.	349

(3) If the drug involved in the violation of division (A) of	350
this section is any compound, mixture, preparation, or substance	351
included in schedule III, IV, or V, illegal manufacture of drugs	352
is a felony of the third degree or, if the offense was committed	353
in the vicinity of a school or in the vicinity of a juvenile, a	354
felony of the second degree, and there is a presumption for a	355
prison term for the offense.	356

(4) If the drug involved in the violation is marihuana, the	357
penalty for the offense shall be determined as follows:	358

(a) Except as otherwise provided in division (C)(4)(b), (c),	359
(d), (e), or (f) of this section, illegal cultivation of marihuana	360
is a minor misdemeanor or, if the offense was committed in the	361
vicinity of a school or in the vicinity of a juvenile, a	362
misdemeanor of the fourth degree.	363

(b) If the amount of marihuana involved equals or exceeds one	364
hundred grams but is less than two hundred grams, illegal	365
cultivation of marihuana is a misdemeanor of the fourth degree or,	366
if the offense was committed in the vicinity of a school or in the	367
vicinity of a juvenile, a misdemeanor of the third degree.	368

(c) If the amount of marihuana involved equals or exceeds two	369
hundred grams but is less than one thousand grams, illegal	370
cultivation of marihuana is a felony of the fifth degree or, if	371
the offense was committed in the vicinity of a school or in the	372
vicinity of a juvenile, a felony of the fourth degree, and	373
division (B) of section 2929.13 of the Revised Code applies in	374
determining whether to impose a prison term on the offender.	375

(d) If the amount of marihuana involved equals or exceeds one	376
thousand grams but is less than five thousand grams, illegal	377
cultivation of marihuana is a felony of the third degree or, if	378
the offense was committed in the vicinity of a school or in the	379
vicinity of a juvenile, a felony of the second degree, and	380
division (C) of section 2929.13 of the Revised Code applies in	381
determining whether to impose a prison term on the offender.	382

(e) If the amount of marihuana involved equals or exceeds	383
five thousand grams but is less than twenty thousand grams,	384
illegal cultivation of marihuana is a felony of the third degree	385
or, if the offense was committed in the vicinity of a school or in	386
the vicinity of a juvenile, a felony of the second degree, and	387
there is a presumption for a prison term for the offense.	388

(f) IfExcept as otherwise provided in this division, if the	389
amount of marihuana involved equals or exceeds twenty thousand	390
grams, illegal cultivation of marihuana is a felony of the second	391
degree, and the court shall impose as a mandatory prison term the	392
maximum prison term prescribed for a felony of the second degree.	393
If the amount of the drug involved equals or exceeds twenty	394
thousand grams and if the offense was committed in the vicinity of	395
a school or in the vicinity of a juvenile, illegal cultivation of	396
marihuana is a felony of the first degree, and the court shall	397
impose as a mandatory prison term the maximum prison term	398
prescribed for a felony of the first degree.	399

(D) In addition to any prison term authorized or required by	400
division (C) or (E) of this section and sections 2929.13 and	401
2929.14 of the Revised Code and in addition to any other sanction	402
imposed for the offense under this section or sections 2929.11 to	403
2929.18 of the Revised Code, the court that sentences an offender	404
who is convicted of or pleads guilty to a violation of division	405
(A) of this section shall do all of the following that are	406
applicable regarding the offender:	407

(1) If the violation of division (A) of this section is a	408
felony of the first, second, or third degree, the court shall	409
impose upon the offender the mandatory fine specified for the	410
offense under division (B)(1) of section 2929.18 of the Revised	411
Code unless, as specified in that division, the court determines	412
that the offender is indigent. The clerk of the court shall pay a	413
mandatory fine or other fine imposed for a violation of this	414
section pursuant to division (A) of section 2929.18 of the Revised	415
Code in accordance with and subject to the requirements of	416
division (F) of section 2925.03 of the Revised Code. The agency	417
that receives the fine shall use the fine as specified in division	418
(F) of section 2925.03 of the Revised Code. If a person is charged	419
with a violation of this section that is a felony of the first,	420
second, or third degree, posts bail, and forfeits the bail, the	421
clerk shall pay the forfeited bail as if the forfeited bail were a	422
fine imposed for a violation of this section.	423

(2) The court shall suspend the offender's driver's or	424
commercial driver's license or permit in accordance with division	425
(G) of section 2925.03 of the Revised Code. If an offender's	426
driver's or commercial driver's license or permit is suspended in	427
accordance with that division, the offender may request	428
termination of, and the court may terminate, the suspension in	429
accordance with that division.	430

(3) If the offender is a professionally licensed person, the	431
court immediately shall comply with section 2925.38 of the Revised	432
Code.	433

(E) Notwithstanding the prison term otherwise authorized or	434
required for the offense under division (C) of this section and	435
sections 2929.13 and 2929.14 of the Revised Code, if the violation	436
of division (A) of this section involves the sale, offer to sell,	437
or possession of a schedule I or II controlled substance, with the	438
exception of marihuana, and if the court imposing sentence upon	439
the offender finds that the offender as a result of the violation	440
is a major drug offender and is guilty of a specification of the	441
type described in section 2941.1410 of the Revised Code, the	442
court, in lieu of the prison term otherwise authorized or	443
required, shall impose upon the offender the mandatory prison term	444
specified in division (D)(3)(a) of section 2929.14 of the Revised	445
Code and may impose an additional prison term under division	446
(D)(3)(b) of that section.	447

(F) It is an affirmative defense, as provided in section	448
2901.05 of the Revised Code, to a charge under this section for a	449
fifth degree felony violation of illegal cultivation of marihuana	450
that the marihuana that gave rise to the charge is in an amount,	451
is in a form, is prepared, compounded, or mixed with substances	452
that are not controlled substances in a manner, or is possessed or	453
cultivated under any other circumstances that indicate that the	454
marihuana was solely for personal use.	455

Notwithstanding any contrary provision of division (F) of	456
this section, if, in accordance with section 2901.05 of the	457
Revised Code, a person who is charged with a violation of illegal	458
cultivation of marihuana that is a felony of the fifth degree	459
sustains the burden of going forward with evidence of and	460
establishes by a preponderance of the evidence the affirmative	461
defense described in this division, the person may be prosecuted	462
for and may be convicted of or plead guilty to a misdemeanor	463
violation of illegal cultivation of marihuana.	464

(G) Arrest or conviction for a minor misdemeanor violation of	465
this section does not constitute a criminal record and need not be	466
reported by the person so arrested or convicted in response to any	467
inquiries about the person's criminal record, including any	468
inquiries contained in an application for employment, a license,	469
or any other right or privilege or made in connection with the	470
person's appearance as a witness.	471

Sec. 2925.041.  (A) No person shall knowingly assemble or	472
possess one or more chemicals that may be used to manufacture a	473
controlled substance in schedule I or II with the intent to	474
manufacture a controlled substance in schedule I or II in	475
violation of section 2925.04 of the Revised Code.	476

(B) In a prosecution under this section, it is not necessary	477
to allege or prove that the offender assembled or possessed all	478
chemicals necessary to manufacture a controlled substance in	479
schedule I or II. The assembly or possession of a single chemical	480
that may be used in the manufacture of a controlled substance in	481
schedule I or II, with the intent to manufacture a controlled	482
substance in either schedule, is sufficient to violate this	483
section.	484

(C) Whoever violates this section is guilty of illegal	485
assembly or possession of chemicals for the manufacture of drugs.	486
IllegalExcept as otherwise provided in this division, illegal	487
assembly or possession of chemicals for the manufacture of drugs	488
is a felony of the third degree, and division (C) of section	489
2929.13 of the Revised Code applies in determining whether to	490
impose a prison term on the offender. If the offense was committed	491
in the vicinity of a juvenile or in the vicinity of a school,	492
illegal assembly or possession of chemicals for the manufacture of	493
drugs is a felony of the second degree, and division (C) of	494
section 2929.13 of the Revised Code applies in determining whether	495
to impose a prison term on the offender.	496

(D) In addition to any prison term authorized by division (C)	497
of this section and sections 2929.13 and 2929.14 of the Revised	498
Code and in addition to any other sanction imposed for the offense	499
under this section or sections 2929.11 to 2929.18 of the Revised	500
Code, the court that sentences an offender who is convicted of or	501
pleads guilty to a violation of this section shall do all of the	502
following that are applicable regarding the offender:	503

(1) The court shall impose upon the offender the mandatory	504
fine specified for the offense under division (B)(1) of section	505
2929.18 of the Revised Code unless, as specified in that division,	506
the court determines that the offender is indigent. The clerk of	507
the court shall pay a mandatory fine or other fine imposed for a	508
violation of this section under division (A) of section 2929.18 of	509
the Revised Code in accordance with and subject to the	510
requirements of division (F) of section 2925.03 of the Revised	511
Code. The agency that receives the fine shall use the fine as	512
specified in division (F) of section 2925.03 of the Revised Code.	513
If a person charged with a violation of this section posts bail	514
and forfeits the bail, the clerk shall pay the forfeited bail as	515
if the forfeited bail were a fine imposed for a violation of this	516
section.	517

(2) The court shall revoke or suspend the offender's driver's	518
or commercial driver's license or permit in accordance with	519
division (G) of section 2925.03 of the Revised Code. If an	520
offender's driver's or commercial driver's license or permit is	521
revoked in accordance with that division, the offender may request	522
termination of, and the court may terminate, the revocation in	523
accordance with that division.	524

(3) If the offender is a professionally licensed person or a	525
person who has been admitted to the bar by order of the supreme	526
court in compliance with its prescribed and published rules, the	527
court shall comply with section 2925.38 of the Revised Code.	528

Section 2. That existing sections 2919.22, 2925.04, and	529
2925.041 of the Revised Code are hereby repealed.	530