As Passed by the Senate

126th General Assembly Regular Session 2005-2006

Am. Sub. H. B. No. 259

Representatives Wagner, McGregor, J., Martin, Evans, C., Fende, Bubp, Wagoner, Seaver, Evans, D., Setzer, Hagan, Harwood, Gilb, Wolpert, Distel, Willamowski, Collier, Latta, Faber, Brown, Aslanides, Uecker, Allen, Perry, Mason, Hughes, Blessing, Daniels, DeBose, DeGeeter, Domenick, Fessler, Flowers, Gibbs, Law, Oelslager, Otterman, Patton, T., Reidelbach, Schaffer, Schlichter, Schneider, Smith, G., Stewart, J., Taylor, Williams 

Senators Clancy, Grendell, Schuring, Dann, Zurz, Carey, Hottinger, Niehaus, Gardner, Goodman, Spada, Harris, Mumper, Fedor, Jacobson, Padgett, Stivers, Jordan 

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A BILL

To amend sections 2152.02, 2152.19, 2921.38, 2921.51,

1

2929.14, 2929.19, 2967.28, 4510.07, 4510.13,

2

4510.14, 4510.17, 4510.31, 4511.19, 4511.191,

3

4511.193, and 4511.195 and to enact section

4

2929.191 of the Revised Code to prohibit a person,

5

with intent to harass, annoy, threaten, or alarm a

6

law enforcement officer, from causing or

7

attempting to cause the law enforcement officer to

8

come into contact with a bodily substance; to

9

prohibit any person from engaging in the same

10

action with respect to any person when the person

11

is a knowing carrier of certain viruses or

12

bacteria; to specify that a sentencing court's

13

failure to notify a felon of mandatory

14

post-release control after prison does not affect

15

mandatory post-release control; to specify that a

16

sentencing court's failure to notify a felon of

17

the possibility of being sent back to prison for

18

violating mandatory or discretionary post-release

19

control does not affect the authority to do so if

20

the Parole Board gives such a notice; to require

21

the Parole Board to notify felons prior to release

22

from prison of the possibility of being sent back

23

to prison for violating post-release control; to

24

allow a court that previously sentenced a felon

25

and failed to notify the felon of mandatory or

26

discretionary post-release control or the

27

possibility of being sent back to prison for

28

violating post-release control to correct the

29

sentence at a hearing to include the notice and

30

place upon its journal an entry nunc pro tunc to

31

record the correction; to provide that the hearing

32

may be conducted by video conferencing equipment

33

if available and compatible; to specify that a

34

court's placement upon the journal of such an

35

entry nunc pro tunc before the offender is

36

released from imprisonment serves as if the court

37

at the time of original sentencing had provided

38

the notice to the offender; to increase the

39

administrative license suspension periods for

40

persons who are arrested for OVI and refuse a

41

request of a law enforcement officer to consent to

42

a chemical test of the person's whole blood, blood

43

serum or plasma, breath, or urine to determine its

44

alcohol content; to increase the period that a

45

person must serve under such an administrative

46

license suspension in certain circumstances before

47

becoming eligible for limited driving privileges;

48

to provide that the suspension period for a

49

judicial post-conviction OVI suspension of a

50

person serving an administrative license

51

suspension must be not less than the greater of

52

the period of time remaining in the administrative

53

license suspension or the minimum applicable

54

judicial post-conviction suspension period

55

specified for the offender; to clarify the

56

circumstances in which a person serving an

57

administrative license suspension for refusal to

58

consent to a chemical test or for having a

59

prohibited concentration of alcohol in the

60

person's system or serving a judicial

61

post-conviction OVI suspension never is eligible

62

for limited driving privileges; to increase from

63

six years to twenty years the "look back" period

64

during which a person's prior convictions or

65

chemical test refusals are considered in

66

determining certain specified sanctions against

67

the person; to clarify and reaffirm that acts that

68

would be minor misdemeanors if committed by an

69

adult are delinquent acts when committed by a

70

juvenile; to specify as a presumptive disposition

71

for the offenses of trafficking in marihuana and

72

possession of marihuana when committed by a

73

juvenile either a requirement of confinement in a

74

detention facility for a specified minimum period

75

of time or a requirement of drug assessment,

76

counseling, or treatment plus probation, or both;

77

to prohibit impersonating a federal law

78

enforcement officer; and to declare an emergency.

79

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

Section 1.  That sections 2152.02, 2152.19, 2921.38, 2921.51,	80
2929.14, 2929.19, 2967.28, 4510.07, 4510.13, 4510.14, 4510.17,	81
4510.31, 4511.19, 4511.191, 4511.193, and 4511.195 be amended and	82
section 2929.191 of the Revised Code be enacted to read as	83
follows:	84

Sec. 2152.02.  As used in this chapter:

85

(A) "Act charged" means the act that is identified in a	86
complaint, indictment, or information alleging that a child is a	87
delinquent child.	88

(B) "Admitted to a department of youth services facility"	89
includes admission to a facility operated, or contracted for, by	90
the department and admission to a comparable facility outside this	91
state by another state or the United States.	92

(C)(1) "Child" means a person who is under eighteen years of	93
age, except as otherwise provided in divisions (C)(2) to (6) of	94
this section.	95

(2) Subject to division (C)(3) of this section, any person	96
who violates a federal or state law or a municipal ordinance prior	97
to attaining eighteen years of age shall be deemed a "child"	98
irrespective of that person's age at the time the complaint with	99
respect to that violation is filed or the hearing on the complaint	100
is held.	101

(3) Any person who, while under eighteen years of age,	102
commits an act that would be a felony if committed by an adult and	103
who is not taken into custody or apprehended for that act until	104
after the person attains twenty-one years of age is not a child in	105
relation to that act.	106

(4) Any person whose case is transferred for criminal	107
prosecution pursuant to section 2152.12 of the Revised Code shall	108
be deemed after the transfer not to be a child in the transferred	109
case.	110

(5) Any person whose case is transferred for criminal	111
prosecution pursuant to section 2152.12 of the Revised Code and	112
who subsequently is convicted of or pleads guilty to a felony in	113
that case, and any person who is adjudicated a delinquent child	114
for the commission of an act, who has a serious youthful offender	115
dispositional sentence imposed for the act pursuant to section	116
2152.13 of the Revised Code, and whose adult portion of the	117
dispositional sentence is invoked pursuant to section 2152.14 of	118
the Revised Code, shall be deemed after the transfer or invocation	119
not to be a child in any case in which a complaint is filed	120
against the person.	121

(6) The juvenile court has jurisdiction over a person who is	122
adjudicated a delinquent child or juvenile traffic offender prior	123
to attaining eighteen years of age until the person attains	124
twenty-one years of age, and, for purposes of that jurisdiction	125
related to that adjudication, except as otherwise provided in this	126
division, a person who is so adjudicated a delinquent child or	127
juvenile traffic offender shall be deemed a "child" until the	128
person attains twenty-one years of age. If a person is so	129
adjudicated a delinquent child or juvenile traffic offender and	130
the court makes a disposition of the person under this chapter, at	131
any time after the person attains eighteen years of age, the	132
places at which the person may be held under that disposition are	133
not limited to places authorized under this chapter solely for	134
confinement of children, and the person may be confined under that	135
disposition, in accordance with division (F)(2) of section 2152.26	136
of the Revised Code, in places other than those authorized under	137
this chapter solely for confinement of children.	138

(D) "Chronic truant" means any child of compulsory school age	139
who is absent without legitimate excuse for absence from the	140
public school the child is supposed to attend for seven or more	141
consecutive school days, ten or more school days in one school	142
month, or fifteen or more school days in a school year.	143

(E) "Community corrections facility," "public safety beds,"	144
"release authority," and "supervised release" have the same	145
meanings as in section 5139.01 of the Revised Code.	146

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

147

(1) Any child, except a juvenile traffic offender, who	148
violates any law of this state or the United States, or any	149
ordinance of a political subdivision of the state, that would be	150
an offense if committed by an adult, including a violation of any	151
law or ordinance that would be a minor misdemeanor if committed by	152
an adult;	153

(2) Any child who violates any lawful order of the court made	154
under this chapter or under Chapter 2151. of the Revised Code	155
other than an order issued under section 2151.87 of the Revised	156
Code;	157

(3) Any child who violates division (A) of section 2923.211	158
of the Revised Code;	159

(4) Any child who is a habitual truant and who previously has	160
been adjudicated an unruly child for being a habitual truant;	161

(5) Any child who is a chronic truant.

162

(G) "Discretionary serious youthful offender" means a person	163
who is eligible for a discretionary SYO and who is not transferred	164
to adult court under a mandatory or discretionary transfer.	165

(H) "Discretionary SYO" means a case in which the juvenile	166
court, in the juvenile court's discretion, may impose a serious	167
youthful offender disposition under section 2152.13 of the Revised	168
Code.	169

(I) "Discretionary transfer" means that the juvenile court	170
has discretion to transfer a case for criminal prosecution under	171
division (B) of section 2152.12 of the Revised Code.	172

(J) "Drug abuse offense," "felony drug abuse offense," and	173
"minor drug possession offense" have the same meanings as in	174
section 2925.01 of the Revised Code.	175

(K) "Electronic monitoring" and "electronic monitoring	176
device" have the same meanings as in section 2929.01 of the	177
Revised Code.	178

(L) "Economic loss" means any economic detriment suffered by	179
a victim of a delinquent act or juvenile traffic offense as a	180
direct and proximate result of the delinquent act or juvenile	181
traffic offense and includes any loss of income due to lost time	182
at work because of any injury caused to the victim and any	183
property loss, medical cost, or funeral expense incurred as a	184
result of the delinquent act or juvenile traffic offense.	185
"Economic loss" does not include non-economic loss or any punitive	186
or exemplary damages.	187

(M) "Firearm" has the same meaning as in section 2923.11 of	188
the Revised Code.	189

(N) "Juvenile traffic offender" means any child who violates	190
any traffic law, traffic ordinance, or traffic regulation of this	191
state, the United States, or any political subdivision of this	192
state, other than a resolution, ordinance, or regulation of a	193
political subdivision of this state the violation of which is	194
required to be handled by a parking violations bureau or a joint	195
parking violations bureau pursuant to Chapter 4521. of the Revised	196
Code.	197

(O) A "legitimate excuse for absence from the public school	198
the child is supposed to attend" has the same meaning as in	199
section 2151.011 of the Revised Code.	200

(P) "Mandatory serious youthful offender" means a person who	201
is eligible for a mandatory SYO and who is not transferred to	202
adult court under a mandatory or discretionary transfer.	203

(Q) "Mandatory SYO" means a case in which the juvenile court	204
is required to impose a mandatory serious youthful offender	205
disposition under section 2152.13 of the Revised Code.	206

(R) "Mandatory transfer" means that a case is required to be	207
transferred for criminal prosecution under division (A) of section	208
2152.12 of the Revised Code.	209

(S) "Mental illness" has the same meaning as in section	210
5122.01 of the Revised Code.	211

(T) "Mentally retarded person" has the same meaning as in	212
section 5123.01 of the Revised Code.	213

(U) "Monitored time" and "repeat violent offender" have the	214
same meanings as in section 2929.01 of the Revised Code.	215

(V) "Of compulsory school age" has the same meaning as in	216
section 3321.01 of the Revised Code.	217

(W) "Public record" has the same meaning as in section 149.43	218
of the Revised Code.	219

(X) "Serious youthful offender" means a person who is	220
eligible for a mandatory SYO or discretionary SYO but who is not	221
transferred to adult court under a mandatory or discretionary	222
transfer.	223

(Y) "Sexually oriented offense," "habitual sex offender,"	224
"juvenile offender registrant," "sexual predator," "presumptive	225
registration-exempt sexually oriented offense,"	226
"registration-exempt sexually oriented offense," "child-victim	227
oriented offense," "habitual child-victim offender," and	228
"child-victim predator" have the same meanings as in section	229
2950.01 of the Revised Code.	230

(Z) "Traditional juvenile" means a case that is not	231
transferred to adult court under a mandatory or discretionary	232
transfer, that is eligible for a disposition under sections	233
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	234
that is not eligible for a disposition under section 2152.13 of	235
the Revised Code.	236

(AA) "Transfer" means the transfer for criminal prosecution	237
of a case involving the alleged commission by a child of an act	238
that would be an offense if committed by an adult from the	239
juvenile court to the appropriate court that has jurisdiction of	240
the offense.	241

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

242

(1) A violation of section 2903.01 or 2903.02 of the Revised	243
Code;	244

(2) A violation of section 2923.02 of the Revised Code	245
involving an attempt to commit aggravated murder or murder.	246

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

247

(1) A violation of section 2903.03, 2905.01, 2907.02,	248
2909.02, 2911.01, or 2911.11 of the Revised Code;	249

(2) A violation of section 2903.04 of the Revised Code that	250
is a felony of the first degree;	251

(3) A violation of section 2907.12 of the Revised Code as it	252
existed prior to September 3, 1996.	253

(DD) "Non-economic loss" means nonpecuniary harm suffered by	254
a victim of a delinquent act or juvenile traffic offense as a	255
result of or related to the delinquent act or juvenile traffic	256
offense, including, but not limited to, pain and suffering; loss	257
of society, consortium, companionship, care, assistance,	258
attention, protection, advice, guidance, counsel, instruction,	259
training, or education; mental anguish; and any other intangible	260
loss.	261

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	262
child, the court may make any of the following orders of	263
disposition, in addition to any other disposition authorized or	264
required by this chapter:	265

(1) Any order that is authorized by section 2151.353 of the	266
Revised Code for the care and protection of an abused, neglected,	267
or dependent child;	268

(2) Commit the child to the temporary custody of any school,	269
camp, institution, or other facility operated for the care of	270
delinquent children by the county, by a district organized under	271
section 2152.41 or 2151.65 or 2152.41 of the Revised Code, or by a	272
private agency or organization, within or without the state, that	273
is authorized and qualified to provide the care, treatment, or	274
placement required, including, but not limited to, a school, camp,	275
or facility operated under section 2151.65 of the Revised Code;	276

(3) Place the child in a detention facility or district	277
detention facility operated under section 2152.41 of the Revised	278
Code, for up to ninety days;	279

(4) Place the child on community control under any sanctions,	280
services, and conditions that the court prescribes. As a condition	281
of community control in every case and in addition to any other	282
condition that it imposes upon the child, the court shall require	283
the child to abide by the law during the period of community	284
control. As referred to in this division, community control	285
includes, but is not limited to, the following sanctions and	286
conditions:	287

(a) A period of basic probation supervision in which the	288
child is required to maintain contact with a person appointed to	289
supervise the child in accordance with sanctions imposed by the	290
court;	291

(b) A period of intensive probation supervision in which the	292
child is required to maintain frequent contact with a person	293
appointed by the court to supervise the child while the child is	294
seeking or maintaining employment and participating in training,	295
education, and treatment programs as the order of disposition;	296

(c) A period of day reporting in which the child is required	297
each day to report to and leave a center or another approved	298
reporting location at specified times in order to participate in	299
work, education or training, treatment, and other approved	300
programs at the center or outside the center;	301

(d) A period of community service of up to five hundred hours	302
for an act that would be a felony or a misdemeanor of the first	303
degree if committed by an adult, up to two hundred hours for an	304
act that would be a misdemeanor of the second, third, or fourth	305
degree if committed by an adult, or up to thirty hours for an act	306
that would be a minor misdemeanor if committed by an adult;	307

(e) A requirement that the child obtain a high school	308
diploma, a certificate of high school equivalence, vocational	309
training, or employment;	310

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

311

(g) A requirement of alcohol or drug assessment or	312
counseling, or a period in an alcohol or drug treatment program	313
with a level of security for the child as determined necessary by	314
the court;	315

(h) A period in which the court orders the child to observe a	316
curfew that may involve daytime or evening hours;	317

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

318

(j) A period of house arrest without electronic monitoring or	319
continuous alcohol monitoring;	320

(k) A period of electronic monitoring or continuous alcohol	321
monitoring without house arrest, or house arrest with electronic	322
monitoring or continuous alcohol monitoring or both electronic	323
monitoring and continuous alcohol monitoring, that does not exceed	324
the maximum sentence of imprisonment that could be imposed upon an	325
adult who commits the same act.	326

A period of house arrest with electronic monitoring or	327
continuous alcohol monitoring or both electronic monitoring and	328
continuous alcohol monitoring, imposed under this division shall	329
not extend beyond the child's twenty-first birthday. If a court	330
imposes a period of house arrest with electronic monitoring or	331
continuous alcohol monitoring or both electronic monitoring and	332
continuous alcohol monitoring, upon a child under this division,	333
it shall require the child: to remain in the child's home or other	334
specified premises for the entire period of house arrest with	335
electronic monitoring or continuous alcohol monitoring or both	336
except when the court permits the child to leave those premises to	337
go to school or to other specified premises. Regarding electronic	338
monitoring, the court also shall require the child to be monitored	339
by a central system that can determine the child's location at	340
designated times; to report periodically to a person designated by	341
the court; and to enter into a written contract with the court	342
agreeing to comply with all requirements imposed by the court,	343
agreeing to pay any fee imposed by the court for the costs of the	344
house arrest with electronic monitoring, and agreeing to waive the	345
right to receive credit for any time served on house arrest with	346
electronic monitoring toward the period of any other dispositional	347
order imposed upon the child if the child violates any of the	348
requirements of the dispositional order of house arrest with	349
electronic monitoring. The court also may impose other reasonable	350
requirements upon the child.	351

Unless ordered by the court, a child shall not receive credit	352
for any time served on house arrest with electronic monitoring or	353
continuous alcohol monitoring or both toward any other	354
dispositional order imposed upon the child for the act for which	355
was imposed the dispositional order of house arrest with	356
electronic monitoring or continuous alcohol monitoring. As used in	357
this division and division (A)(4)(l) of this section, "continuous	358
alcohol monitoring" has the same meaning as in section 2929.01 of	359
the Revised Code.	360

(l) A suspension of the driver's license, probationary	361
driver's license, or temporary instruction permit issued to the	362
child for a period of time prescribed by the court, or a	363
suspension of the registration of all motor vehicles registered in	364
the name of the child for a period of time prescribed by the	365
court. A child whose license or permit is so suspended is	366
ineligible for issuance of a license or permit during the period	367
of suspension. At the end of the period of suspension, the child	368
shall not be reissued a license or permit until the child has paid	369
any applicable reinstatement fee and complied with all	370
requirements governing license reinstatement.	371

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

372

(6) Require the child to not be absent without legitimate	373
excuse from the public school the child is supposed to attend for	374
five or more consecutive days, seven or more school days in one	375
school month, or twelve or more school days in a school year;	376

(7)(a) If a child is adjudicated a delinquent child for being	377
a chronic truant or a habitual truant who previously has been	378
adjudicated an unruly child for being a habitual truant, do either	379
or both of the following:	380

(i) Require the child to participate in a truancy prevention	381
mediation program;	382

(ii) Make any order of disposition as authorized by this	383
section, except that the court shall not commit the child to a	384
facility described in division (A)(2) or (3) of this section	385
unless the court determines that the child violated a lawful court	386
order made pursuant to division (C)(1)(e) of section 2151.354 of	387
the Revised Code or division (A)(6) of this section.	388

(b) If a child is adjudicated a delinquent child for being a	389
chronic truant or a habitual truant who previously has been	390
adjudicated an unruly child for being a habitual truant and the	391
court determines that the parent, guardian, or other person having	392
care of the child has failed to cause the child's attendance at	393
school in violation of section 3321.38 of the Revised Code, do	394
either or both of the following:	395

(i) Require the parent, guardian, or other person having care	396
of the child to participate in a truancy prevention mediation	397
program;	398

(ii) Require the parent, guardian, or other person having	399
care of the child to participate in any community service program,	400
preferably a community service program that requires the	401
involvement of the parent, guardian, or other person having care	402
of the child in the school attended by the child.	403

(8) Make any further disposition that the court finds proper,	404
except that the child shall not be placed in any of the following:	405

(a) A state correctional institution, a county, multicounty,	406
or municipal jail or workhouse, or another place in which an adult	407
convicted of a crime, under arrest, or charged with a crime is	408
held;	409

(b) A community corrections facility, if the child would be	410
covered by the definition of public safety beds for purposes of	411
sections 5139.41 to 5139.43 of the Revised Code if the court	412
exercised its authority to commit the child to the legal custody	413
of the department of youth services for institutionalization or	414
institutionalization in a secure facility pursuant to this	415
chapter.	416

(B) If a child is adjudicated a delinquent child, in addition	417
to any order of disposition made under division (A) of this	418
section, the court, in the following situations and for the	419
specified periods of time, shall suspend the child's temporary	420
instruction permit, restricted license, probationary driver's	421
license, or nonresident operating privilege, or suspend the	422
child's ability to obtain such a permit:	423

(1) If the child is adjudicated a delinquent child for	424
violating section 2923.122 of the Revised Code, impose a class	425
four suspension of the child's license, permit, or privilege from	426
the range specified in division (A)(4) of section 4510.02 of the	427
Revised Code or deny the child the issuance of a license or permit	428
in accordance with division (F)(1) of section 2923.122 of the	429
Revised Code.	430

(2) If the child is adjudicated a delinquent child for	431
committing an act that if committed by an adult would be a drug	432
abuse offense or for violating division (B) of section 2917.11 of	433
the Revised Code, suspend the child's license, permit, or	434
privilege for a period of time prescribed by the court. The court,	435
in its discretion, may terminate the suspension if the child	436
attends and satisfactorily completes a drug abuse or alcohol abuse	437
education, intervention, or treatment program specified by the	438
court. During the time the child is attending a program described	439
in this division, the court shall retain the child's temporary	440
instruction permit, probationary driver's license, or driver's	441
license, and the court shall return the permit or license if it	442
terminates the suspension as described in this division.	443

(C) The court may establish a victim-offender mediation	444
program in which victims and their offenders meet to discuss the	445
offense and suggest possible restitution. If the court obtains the	446
assent of the victim of the delinquent act committed by the child,	447
the court may require the child to participate in the program.	448

(D)(1) If a child is adjudicated a delinquent child for	449
committing an act that would be a felony if committed by an adult	450
and if the child caused, attempted to cause, threatened to cause,	451
or created a risk of physical harm to the victim of the act, the	452
court, prior to issuing an order of disposition under this	453
section, shall order the preparation of a victim impact statement	454
by the probation department of the county in which the victim of	455
the act resides, by the court's own probation department, or by a	456
victim assistance program that is operated by the state, a county,	457
a municipal corporation, or another governmental entity. The court	458
shall consider the victim impact statement in determining the	459
order of disposition to issue for the child.	460

(2) Each victim impact statement shall identify the victim of	461
the act for which the child was adjudicated a delinquent child,	462
itemize any economic loss suffered by the victim as a result of	463
the act, identify any physical injury suffered by the victim as a	464
result of the act and the seriousness and permanence of the	465
injury, identify any change in the victim's personal welfare or	466
familial relationships as a result of the act and any	467
psychological impact experienced by the victim or the victim's	468
family as a result of the act, and contain any other information	469
related to the impact of the act upon the victim that the court	470
requires.	471

(3) A victim impact statement shall be kept confidential and	472
is not a public record. However, the court may furnish copies of	473
the statement to the department of youth services if the	474
delinquent child is committed to the department or to both the	475
adjudicated delinquent child or the adjudicated delinquent child's	476
counsel and the prosecuting attorney. The copy of a victim impact	477
statement furnished by the court to the department pursuant to	478
this section shall be kept confidential and is not a public	479
record. If an officer is preparing pursuant to section 2947.06 or	480
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	481
investigation report pertaining to a person, the court shall make	482
available to the officer, for use in preparing the report, a copy	483
of any victim impact statement regarding that person. The copies	484
of a victim impact statement that are made available to the	485
adjudicated delinquent child or the adjudicated delinquent child's	486
counsel and the prosecuting attorney pursuant to this division	487
shall be returned to the court by the person to whom they were	488
made available immediately following the imposition of an order of	489
disposition for the child under this chapter.	490

The copy of a victim impact statement that is made available	491
pursuant to this division to an officer preparing a criminal	492
presentence investigation report shall be returned to the court by	493
the officer immediately following its use in preparing the report.	494

(4) The department of youth services shall work with local	495
probation departments and victim assistance programs to develop a	496
standard victim impact statement.	497

(E) If a child is adjudicated a delinquent child for being a	498
chronic truant or a habitual truant who previously has been	499
adjudicated an unruly child for being a habitual truant and the	500
court determines that the parent, guardian, or other person having	501
care of the child has failed to cause the child's attendance at	502
school in violation of section 3321.38 of the Revised Code, in	503
addition to any order of disposition it makes under this section,	504
the court shall warn the parent, guardian, or other person having	505
care of the child that any subsequent adjudication of the child as	506
an unruly or delinquent child for being a habitual or chronic	507
truant may result in a criminal charge against the parent,	508
guardian, or other person having care of the child for a violation	509
of division (C) of section 2919.21 or section 2919.24 of the	510
Revised Code.	511

(F)(1) During the period of a delinquent child's community	512
control granted under this section, authorized probation officers	513
who are engaged within the scope of their supervisory duties or	514
responsibilities may search, with or without a warrant, the person	515
of the delinquent child, the place of residence of the delinquent	516
child, and a motor vehicle, another item of tangible or intangible	517
personal property, or other real property in which the delinquent	518
child has a right, title, or interest or for which the delinquent	519
child has the express or implied permission of a person with a	520
right, title, or interest to use, occupy, or possess if the	521
probation officers have reasonable grounds to believe that the	522
delinquent child is not abiding by the law or otherwise is not	523
complying with the conditions of the delinquent child's community	524
control. The court that places a delinquent child on community	525
control under this section shall provide the delinquent child with	526
a written notice that informs the delinquent child that authorized	527
probation officers who are engaged within the scope of their	528
supervisory duties or responsibilities may conduct those types of	529
searches during the period of community control if they have	530
reasonable grounds to believe that the delinquent child is not	531
abiding by the law or otherwise is not complying with the	532
conditions of the delinquent child's community control. The court	533
also shall provide the written notice described in division (E)(2)	534
of this section to each parent, guardian, or custodian of the	535
delinquent child who is described in that division.	536

(2) The court that places a child on community control under	537
this section shall provide the child's parent, guardian, or other	538
custodian with a written notice that informs them that authorized	539
probation officers may conduct searches pursuant to division	540
(E)(1) of this section. The notice shall specifically state that a	541
permissible search might extend to a motor vehicle, another item	542
of tangible or intangible personal property, or a place of	543
residence or other real property in which a notified parent,	544
guardian, or custodian has a right, title, or interest and that	545
the parent, guardian, or custodian expressly or impliedly permits	546
the child to use, occupy, or possess.	547

(G) If a juvenile court commits a delinquent child to the	548
custody of any person, organization, or entity pursuant to this	549
section and if the delinquent act for which the child is so	550
committed is a sexually oriented offense that is not a	551
registration-exempt sexually oriented offense or is a child-victim	552
oriented offense, the court in the order of disposition shall do	553
one of the following:	554

(1) Require that the child be provided treatment as described	555
in division (A)(2) of section 5139.13 of the Revised Code;	556

(2) Inform the person, organization, or entity that it is the	557
preferred course of action in this state that the child be	558
provided treatment as described in division (A)(2) of section	559
5139.13 of the Revised Code and encourage the person,	560
organization, or entity to provide that treatment.	561

(H)(1) If a child is adjudicated a delinquent child for	562
committing a violation of section 2925.03 or 2925.11 of the	563
Revised Code, if the drug involved in the violation is marihuana,	564
and if the violation would be a minor misdemeanor or another	565
misdemeanor if committed by an adult or the violation would be a	566
felony if committed by an adult and the court does not commit the	567
child to the department of youth services under this chapter, in	568
addition to any other disposition authorized or required under	569
this chapter, the court, subject to division (H)(2) of this	570
section, shall make an order of disposition for the child that	571
does either or both of the following:	572

(a) Places the child in a detention facility or district	573
detention facility pursuant to division (A)(3) of this section for	574
at least the minimum period of time specified in this division. If	575
the violation would be a minor misdemeanor or another misdemeanor	576
if committed by an adult, except as otherwise provided in this	577
division, the minimum period of time for which the child shall be	578
so placed is three days. If the violation would be a minor	579
misdemeanor or another misdemeanor if committed by an adult and if	580
the child previously has been adjudicated a delinquent child for	581
committing a violation of section 2925.03 or 2925.11 of the	582
Revised Code in which the drug involved in the violation was	583
marihuana, the minimum period of time for which the child shall be	584
so placed is fourteen days. If the violation would be a felony if	585
committed by an adult and the court does not commit the child to	586
the department of youth services, except as otherwise provided in	587
this division, the minimum period of time for which the child	588
shall be so placed is thirty days. If the violation would be a	589
felony if committed by an adult, if the court does not commit the	590
child to the department of youth services, and if the child	591
previously has been adjudicated a delinquent child for committing	592
a violation of section 2925.03 or 2925.11 of the Revised Code in	593
which the drug involved in the violation was marihuana, the	594
minimum period of time for which the child shall be so placed is	595
sixty days. The court may place the child in a detention facility	596
or district detention facility pursuant to division (A)(3) of this	597
section for a period of time in excess of the minimum period of	598
time specified in this division and not in excess of the period of	599
time specified in division (A)(3) of this section.	600

(b) Places the child on community control that includes a	601
requirement of drug assessment or counseling, or a period in a	602
drug treatment program, pursuant to division (A)(4)(g) of this	603
section together with a requirement of basic or intense probation	604
supervision pursuant to division (A)(4)(a) or (b) of this section.	605

(2) The court is not required to impose an order of	606
disposition under division (H)(1) of this section if the court	607
determines that an order under that division is not in the	608
interests of justice. Division (H)(1) of this section does not	609
apply to a violation of section 2925.03 or 2925.11 of the Revised	610
Code that is classified a felony when the court commits the child	611
to the department of youth services under this chapter.	612

Sec. 2921.38.  (A) No person who is confined in a detention	613
facility, with intent to harass, annoy, threaten, or alarm another	614
person, shall cause or attempt to cause the other person to come	615
into contact with blood, semen, urine, feces, or another bodily	616
substance by throwing the bodily substance at the other person, by	617
expelling the bodily substance upon the other person, or in any	618
other manner.	619

(B) No person, with intent to harass, annoy, threaten, or	620
alarm a law enforcement officer, shall cause or attempt to cause	621
the law enforcement officer to come into contact with blood,	622
semen, urine, feces, or another bodily substance by throwing the	623
bodily substance at the law enforcement officer, by expelling the	624
bodily substance upon the law enforcement officer, or in any other	625
manner.	626

(C) No person who is confined in a detention facility, with	627
knowledge that the person is a carrier of the virus that causes	628
acquired immunodeficiency syndrome, is a carrier of a hepatitis	629
virus, or is infected with tuberculosis and with intent to harass,	630
annoy, threaten, or alarm another person, shall cause or attempt	631
to cause the other person to come into contact with blood, semen,	632
urine, feces, or another bodily substance by throwing the bodily	633
substance at the other person, by expelling the bodily substance	634
upon the other person, or in any other manner.	635

(C)(D) Whoever violates this section is guilty of harassment	636
by an inmatewith a bodily substance. A violation of division (A)	637
or (B) of this section is a felony of the fifth degree. A	638
violation of division (B)(C) of this section is a felony of the	639
third degree.	640

(D)(E)(1) The court, on request of the prosecutor, or the law	641
enforcement authority responsible for the investigation of the	642
violation, shall cause a person who allegedly has committed a	643
violation of this section to submit to one or more appropriate	644
tests to determine if the person is a carrier of the virus that	645
causes acquired immunodeficiency syndrome, is a carrier of a	646
hepatitis virus, or is infected with tuberculosis.	647

(2) The court shall charge the offender with the costs of the	648
test or tests ordered under division (D)(E)(1) of this section	649
unless the court determines that the accused is unable to pay, in	650
which case the costs shall be charged to whichever of the	651
following is applicable:	652

(a) If the alleged offense occurred in a detention facility,	653
the entity that operates the detention facility in which the	654
alleged offense occurred;	655

(b) If the alleged offense occurred outside of a detention	656
facility, the law enforcement authority responsible for the	657
investigation of the violation.	658

(E)(F) This section does not apply to a person who is	659
hospitalized, institutionalized, or confined in a facility	660
operated by the department of mental health or the department of	661
mental retardation and developmental disabilities.	662

Sec. 2921.51.  (A) As used in this section:

663

(1) "Peace officer" means a sheriff, deputy sheriff, marshal,	664
deputy marshal, member of the organized police department of a	665
municipal corporation, or township constable, who is employed by a	666
political subdivision of this state, a member of a police force	667
employed by a metropolitan housing authority under division (D) of	668
section 3735.31 of the Revised Code, a member of a police force	669
employed by a regional transit authority under division (Y) of	670
section 306.35 of the Revised Code, a state university law	671
enforcement officer appointed under section 3345.04 of the Revised	672
Code, a veterans' home police officer appointed under section	673
5907.02 of the Revised Code, a special police officer employed by	674
a port authority under section 4582.04 or 4582.28 of the Revised	675
Code, or a state highway patrol trooper and whose primary duties	676
are to preserve the peace, to protect life and property, and to	677
enforce the laws, ordinances, or rules of the state or any of its	678
political subdivisions.	679

(2) "Private police officer" means any security guard,	680
special police officer, private detective, or other person who is	681
privately employed in a police capacity.	682

(3) "Federal law enforcement officer" means an employee of	683
the United States who serves in a position the duties of which are	684
primarily the investigation, apprehension, or detention of	685
individuals suspected or convicted of offenses under the criminal	686
laws of the United States.	687

(4) "Impersonate" means to act the part of, assume the	688
identity of, wear the uniform or any part of the uniform of, or	689
display the identification of a particular person or of a member	690
of a class of persons with purpose to make another person believe	691
that the actor is that particular person or is a member of that	692
class of persons.	693

(B) No person shall impersonate a peace officer or, a private	694
police officer, or a federal law enforcement officer.	695

(C) No person, by impersonating a peace officer or, a private	696
police officer, or a federal law enforcement officer, shall arrest	697
or detain any person, search any person, or search the property of	698
any person.	699

(D) No person, with purpose to commit or facilitate the	700
commission of an offense, shall impersonate a peace officer, a	701
private police officer, a federal law enforcement officer, or an	702
officer, agent, or employee of the state.	703

(E) No person shall commit a felony while impersonating a	704
peace officer, a private police officer, a federal law enforcement	705
officer, or an officer, agent, or employee of the state.	706

(F) It is an affirmative defense to a charge under division	707
(B) of this section that the impersonation of the peace officer	708
was for a lawful purpose.	709

(G) Whoever violates division (B) of this section is guilty	710
of a misdemeanor of the fourth degree. Whoever violates division	711
(C) or (D) of this section is guilty of a misdemeanor of the first	712
degree. If the purpose of a violation of division (D) of this	713
section is to commit or facilitate the commission of a felony, a	714
violation of division (D) is a felony of the fourth degree.	715
Whoever violates division (E) of this section is guilty of a	716
felony of the third degree.	717

Sec. 2929.14.  (A) Except as provided in division (C),	718
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this	719
section and except in relation to an offense for which a sentence	720
of death or life imprisonment is to be imposed, if the court	721
imposing a sentence upon an offender for a felony elects or is	722
required to impose a prison term on the offender pursuant to this	723
chapter, the court shall impose a definite prison term that shall	724
be one of the following:	725

(1) For a felony of the first degree, the prison term shall	726
be three, four, five, six, seven, eight, nine, or ten years.	727

(2) For a felony of the second degree, the prison term shall	728
be two, three, four, five, six, seven, or eight years.	729

(3) For a felony of the third degree, the prison term shall	730
be one, two, three, four, or five years.	731

(4) For a felony of the fourth degree, the prison term shall	732
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	733
fourteen, fifteen, sixteen, seventeen, or eighteen months.	734

(5) For a felony of the fifth degree, the prison term shall	735
be six, seven, eight, nine, ten, eleven, or twelve months.	736

(B) Except as provided in division (C), (D)(1), (D)(2),	737
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02	738
of the Revised Code, or in Chapter 2925. of the Revised Code, if	739
the court imposing a sentence upon an offender for a felony elects	740
or is required to impose a prison term on the offender, the court	741
shall impose the shortest prison term authorized for the offense	742
pursuant to division (A) of this section, unless one or more of	743
the following applies:	744

(1) The offender was serving a prison term at the time of the	745
offense, or the offender previously had served a prison term.	746

(2) The court finds on the record that the shortest prison	747
term will demean the seriousness of the offender's conduct or will	748
not adequately protect the public from future crime by the	749
offender or others.	750

(C) Except as provided in division (G) of this section or in	751
Chapter 2925. of the Revised Code, the court imposing a sentence	752
upon an offender for a felony may impose the longest prison term	753
authorized for the offense pursuant to division (A) of this	754
section only upon offenders who committed the worst forms of the	755
offense, upon offenders who pose the greatest likelihood of	756
committing future crimes, upon certain major drug offenders under	757
division (D)(3) of this section, and upon certain repeat violent	758
offenders in accordance with division (D)(2) of this section.	759

(D)(1)(a) Except as provided in division (D)(1)(e) of this	760
section, if an offender who is convicted of or pleads guilty to a	761
felony also is convicted of or pleads guilty to a specification of	762
the type described in section 2941.141, 2941.144, or 2941.145 of	763
the Revised Code, the court shall impose on the offender one of	764
the following prison terms:	765

(i) A prison term of six years if the specification is of the	766
type described in section 2941.144 of the Revised Code that	767
charges the offender with having a firearm that is an automatic	768
firearm or that was equipped with a firearm muffler or silencer on	769
or about the offender's person or under the offender's control	770
while committing the felony;	771

(ii) A prison term of three years if the specification is of	772
the type described in section 2941.145 of the Revised Code that	773
charges the offender with having a firearm on or about the	774
offender's person or under the offender's control while committing	775
the offense and displaying the firearm, brandishing the firearm,	776
indicating that the offender possessed the firearm, or using it to	777
facilitate the offense;	778

(iii) A prison term of one year if the specification is of	779
the type described in section 2941.141 of the Revised Code that	780
charges the offender with having a firearm on or about the	781
offender's person or under the offender's control while committing	782
the felony.	783

(b) If a court imposes a prison term on an offender under	784
division (D)(1)(a) of this section, the prison term shall not be	785
reduced pursuant to section 2929.20, section 2967.193, or any	786
other provision of Chapter 2967. or Chapter 5120. of the Revised	787
Code. A court shall not impose more than one prison term on an	788
offender under division (D)(1)(a) of this section for felonies	789
committed as part of the same act or transaction.	790

(c) Except as provided in division (D)(1)(e) of this section,	791
if an offender who is convicted of or pleads guilty to a violation	792
of section 2923.161 of the Revised Code or to a felony that	793
includes, as an essential element, purposely or knowingly causing	794
or attempting to cause the death of or physical harm to another,	795
also is convicted of or pleads guilty to a specification of the	796
type described in section 2941.146 of the Revised Code that	797
charges the offender with committing the offense by discharging a	798
firearm from a motor vehicle other than a manufactured home, the	799
court, after imposing a prison term on the offender for the	800
violation of section 2923.161 of the Revised Code or for the other	801
felony offense under division (A), (D)(2), or (D)(3) of this	802
section, shall impose an additional prison term of five years upon	803
the offender that shall not be reduced pursuant to section	804
2929.20, section 2967.193, or any other provision of Chapter 2967.	805
or Chapter 5120. of the Revised Code. A court shall not impose	806
more than one additional prison term on an offender under division	807
(D)(1)(c) of this section for felonies committed as part of the	808
same act or transaction. If a court imposes an additional prison	809
term on an offender under division (D)(1)(c) of this section	810
relative to an offense, the court also shall impose a prison term	811
under division (D)(1)(a) of this section relative to the same	812
offense, provided the criteria specified in that division for	813
imposing an additional prison term are satisfied relative to the	814
offender and the offense.	815

(d) If an offender who is convicted of or pleads guilty to	816
an offense of violence that is a felony also is convicted of or	817
pleads guilty to a specification of the type described in section	818
2941.1411 of the Revised Code that charges the offender with	819
wearing or carrying body armor while committing the felony offense	820
of violence, the court shall impose on the offender a prison term	821
of two years. The prison term so imposed shall not be reduced	822
pursuant to section 2929.20, section 2967.193, or any other	823
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	824
court shall not impose more than one prison term on an offender	825
under division (D)(1)(d) of this section for felonies committed as	826
part of the same act or transaction. If a court imposes an	827
additional prison term under division (D)(1)(a) or (c) of this	828
section, the court is not precluded from imposing an additional	829
prison term under division (D)(1)(d) of this section.	830

(e) The court shall not impose any of the prison terms	831
described in division (D)(1)(a) of this section or any of the	832
additional prison terms described in division (D)(1)(c) of this	833
section upon an offender for a violation of section 2923.12 or	834
2923.123 of the Revised Code. The court shall not impose any of	835
the prison terms described in division (D)(1)(a) of this section	836
or any of the additional prison terms described in division	837
(D)(1)(c) of this section upon an offender for a violation of	838
section 2923.13 of the Revised Code unless all of the following	839
apply:	840

(i) The offender previously has been convicted of aggravated	841
murder, murder, or any felony of the first or second degree.	842

(ii) Less than five years have passed since the offender was	843
released from prison or post-release control, whichever is later,	844
for the prior offense.	845

(f) If an offender is convicted of or pleads guilty to a	846
felony that includes, as an essential element, causing or	847
attempting to cause the death of or physical harm to another and	848
also is convicted of or pleads guilty to a specification of the	849
type described in section 2941.1412 of the Revised Code that	850
charges the offender with committing the offense by discharging a	851
firearm at a peace officer as defined in section 2935.01 of the	852
Revised Code or a corrections officer as defined in section	853
2941.1412 of the Revised Code, the court, after imposing a prison	854
term on the offender for the felony offense under division (A),	855
(D)(2), or (D)(3) of this section, shall impose an additional	856
prison term of seven years upon the offender that shall not be	857
reduced pursuant to section 2929.20, section 2967.193, or any	858
other provision of Chapter 2967. or Chapter 5120. of the Revised	859
Code. A court shall not impose more than one additional prison	860
term on an offender under division (D)(1)(f) of this section for	861
felonies committed as part of the same act or transaction. If a	862
court imposes an additional prison term on an offender under	863
division (D)(1)(f) of this section relative to an offense, the	864
court shall not impose a prison term under division (D)(1)(a) or	865
(c) of this section relative to the same offense.	866

(2)(a) If an offender who is convicted of or pleads guilty to	867
a felony also is convicted of or pleads guilty to a specification	868
of the type described in section 2941.149 of the Revised Code that	869
the offender is a repeat violent offender, the court shall impose	870
a prison term from the range of terms authorized for the offense	871
under division (A) of this section that may be the longest term in	872
the range and that shall not be reduced pursuant to section	873
2929.20, section 2967.193, or any other provision of Chapter 2967.	874
or Chapter 5120. of the Revised Code. If the court finds that the	875
repeat violent offender, in committing the offense, caused any	876
physical harm that carried a substantial risk of death to a person	877
or that involved substantial permanent incapacity or substantial	878
permanent disfigurement of a person, the court shall impose the	879
longest prison term from the range of terms authorized for the	880
offense under division (A) of this section.	881

(b) If the court imposing a prison term on a repeat violent	882
offender imposes the longest prison term from the range of terms	883
authorized for the offense under division (A) of this section, the	884
court may impose on the offender an additional definite prison	885
term of one, two, three, four, five, six, seven, eight, nine, or	886
ten years if the court finds that both of the following apply with	887
respect to the prison terms imposed on the offender pursuant to	888
division (D)(2)(a) of this section and, if applicable, divisions	889
(D)(1) and (3) of this section:	890

(i) The terms so imposed are inadequate to punish the	891
offender and protect the public from future crime, because the	892
applicable factors under section 2929.12 of the Revised Code	893
indicating a greater likelihood of recidivism outweigh the	894
applicable factors under that section indicating a lesser	895
likelihood of recidivism.	896

(ii) The terms so imposed are demeaning to the seriousness of	897
the offense, because one or more of the factors under section	898
2929.12 of the Revised Code indicating that the offender's conduct	899
is more serious than conduct normally constituting the offense are	900
present, and they outweigh the applicable factors under that	901
section indicating that the offender's conduct is less serious	902
than conduct normally constituting the offense.	903

(3)(a) Except when an offender commits a violation of section	904
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	905
the violation is life imprisonment or commits a violation of	906
section 2903.02 of the Revised Code, if the offender commits a	907
violation of section 2925.03 or 2925.11 of the Revised Code and	908
that section classifies the offender as a major drug offender and	909
requires the imposition of a ten-year prison term on the offender,	910
if the offender commits a felony violation of section 2925.02,	911
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	912
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	913
division (C) of section 4729.51, or division (J) of section	914
4729.54 of the Revised Code that includes the sale, offer to sell,	915
or possession of a schedule I or II controlled substance, with the	916
exception of marihuana, and the court imposing sentence upon the	917
offender finds that the offender is guilty of a specification of	918
the type described in section 2941.1410 of the Revised Code	919
charging that the offender is a major drug offender, if the court	920
imposing sentence upon an offender for a felony finds that the	921
offender is guilty of corrupt activity with the most serious	922
offense in the pattern of corrupt activity being a felony of the	923
first degree, or if the offender is guilty of an attempted	924
violation of section 2907.02 of the Revised Code and, had the	925
offender completed the violation of section 2907.02 of the Revised	926
Code that was attempted, the offender would have been subject to a	927
sentence of life imprisonment or life imprisonment without parole	928
for the violation of section 2907.02 of the Revised Code, the	929
court shall impose upon the offender for the felony violation a	930
ten-year prison term that cannot be reduced pursuant to section	931
2929.20 or Chapter 2967. or 5120. of the Revised Code.	932

(b) The court imposing a prison term on an offender under	933
division (D)(3)(a) of this section may impose an additional prison	934
term of one, two, three, four, five, six, seven, eight, nine, or	935
ten years, if the court, with respect to the term imposed under	936
division (D)(3)(a) of this section and, if applicable, divisions	937
(D)(1) and (2) of this section, makes both of the findings set	938
forth in divisions (D)(2)(b)(i) and (ii) of this section.	939

(4) If the offender is being sentenced for a third or fourth	940
degree felony OVI offense under division (G)(2) of section 2929.13	941
of the Revised Code, the sentencing court shall impose upon the	942
offender a mandatory prison term in accordance with that division.	943
In addition to the mandatory prison term, if the offender is being	944
sentenced for a fourth degree felony OVI offense, the court,	945
notwithstanding division (A)(4) of this section, may sentence the	946
offender to a definite prison term of not less than six months and	947
not more than thirty months, and if the offender is being	948
sentenced for a third degree felony OVI offense, the sentencing	949
court may sentence the offender to an additional prison term of	950
any duration specified in division (A)(3) of this section. In	951
either case, the additional prison term imposed shall be reduced	952
by the sixty or one hundred twenty days imposed upon the offender	953
as the mandatory prison term. The total of the additional prison	954
term imposed under division (D)(4) of this section plus the sixty	955
or one hundred twenty days imposed as the mandatory prison term	956
shall equal a definite term in the range of six months to thirty	957
months for a fourth degree felony OVI offense and shall equal one	958
of the authorized prison terms specified in division (A)(3) of	959
this section for a third degree felony OVI offense. If the court	960
imposes an additional prison term under division (D)(4) of this	961
section, the offender shall serve the additional prison term after	962
the offender has served the mandatory prison term required for the	963
offense. In addition to the mandatory prison term or mandatory and	964
additional prison term imposed as described in division (D)(4) of	965
this section, the court also may sentence the offender to a	966
community control sanction under section 2929.16 or 2929.17 of the	967
Revised Code, but the offender shall serve all of the prison terms	968
so imposed prior to serving the community control sanction.	969

If the offender is being sentenced for a fourth degree felony	970
OVI offense under division (G)(1) of section 2929.13 of the	971
Revised Code and the court imposes a mandatory term of local	972
incarceration, the court may impose a prison term as described in	973
division (A)(1) of that section.	974

(5) If an offender is convicted of or pleads guilty to a	975
violation of division (A)(1) or (2) of section 2903.06 of the	976
Revised Code and also is convicted of or pleads guilty to a	977
specification of the type described in section 2941.1414 of the	978
Revised Code that charges that the victim of the offense is a	979
peace officer, as defined in section 2935.01 of the Revised Code,	980
the court shall impose on the offender a prison term of five	981
years. If a court imposes a prison term on an offender under	982
division (D)(5) of this section, the prison term shall not be	983
reduced pursuant to section 2929.20, section 2967.193, or any	984
other provision of Chapter 2967. or Chapter 5120. of the Revised	985
Code. A court shall not impose more than one prison term on an	986
offender under division (D)(5) of this section for felonies	987
committed as part of the same act.	988

(6) If an offender is convicted of or pleads guilty to a	989
violation of division (A)(1) or (2) of section 2903.06 of the	990
Revised Code and also is convicted of or pleads guilty to a	991
specification of the type described in section 2941.1415 of the	992
Revised Code that charges that the offender previously has been	993
convicted of or pleaded guilty to three or more violations of	994
division (A) or (B) of section 4511.19 of the Revised Code or an	995
equivalent offense, as defined in section 2941.1415 of the Revised	996
Code, or three or more violations of any combination of those	997
divisions and offenses, the court shall impose on the offender a	998
prison term of three years. If a court imposes a prison term on an	999
offender under division (D)(6) of this section, the prison term	1000
shall not be reduced pursuant to section 2929.20, section	1001
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	1002
of the Revised Code. A court shall not impose more than one prison	1003
term on an offender under division (D)(6) of this section for	1004
felonies committed as part of the same act.	1005

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	1006
mandatory prison term is imposed upon an offender pursuant to	1007
division (D)(1)(a) of this section for having a firearm on or	1008
about the offender's person or under the offender's control while	1009
committing a felony, if a mandatory prison term is imposed upon an	1010
offender pursuant to division (D)(1)(c) of this section for	1011
committing a felony specified in that division by discharging a	1012
firearm from a motor vehicle, or if both types of mandatory prison	1013
terms are imposed, the offender shall serve any mandatory prison	1014
term imposed under either division consecutively to any other	1015
mandatory prison term imposed under either division or under	1016
division (D)(1)(d) of this section, consecutively to and prior to	1017
any prison term imposed for the underlying felony pursuant to	1018
division (A), (D)(2), or (D)(3) of this section or any other	1019
section of the Revised Code, and consecutively to any other prison	1020
term or mandatory prison term previously or subsequently imposed	1021
upon the offender.	1022

(b) If a mandatory prison term is imposed upon an offender	1023
pursuant to division (D)(1)(d) of this section for wearing or	1024
carrying body armor while committing an offense of violence that	1025
is a felony, the offender shall serve the mandatory term so	1026
imposed consecutively to any other mandatory prison term imposed	1027
under that division or under division (D)(1)(a) or (c) of this	1028
section, consecutively to and prior to any prison term imposed for	1029
the underlying felony under division (A), (D)(2), or (D)(3) of	1030
this section or any other section of the Revised Code, and	1031
consecutively to any other prison term or mandatory prison term	1032
previously or subsequently imposed upon the offender.	1033

(c) If a mandatory prison term is imposed upon an offender	1034
pursuant to division (D)(1)(f) of this section, the offender shall	1035
serve the mandatory prison term so imposed consecutively to and	1036
prior to any prison term imposed for the underlying felony under	1037
division (A), (D)(2), or (D)(3) of this section or any other	1038
section of the Revised Code, and consecutively to any other prison	1039
term or mandatory prison term previously or subsequently imposed	1040
upon the offender.	1041

(2) If an offender who is an inmate in a jail, prison, or	1042
other residential detention facility violates section 2917.02,	1043
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	1044
who is under detention at a detention facility commits a felony	1045
violation of section 2923.131 of the Revised Code, or if an	1046
offender who is an inmate in a jail, prison, or other residential	1047
detention facility or is under detention at a detention facility	1048
commits another felony while the offender is an escapee in	1049
violation of section 2921.34 of the Revised Code, any prison term	1050
imposed upon the offender for one of those violations shall be	1051
served by the offender consecutively to the prison term or term of	1052
imprisonment the offender was serving when the offender committed	1053
that offense and to any other prison term previously or	1054
subsequently imposed upon the offender.	1055

(3) If a prison term is imposed for a violation of division	1056
(B) of section 2911.01 of the Revised Code, a violation of	1057
division (A) of section 2913.02 of the Revised Code in which the	1058
stolen property is a firearm or dangerous ordnance, or a felony	1059
violation of division (B) of section 2921.331 of the Revised Code,	1060
the offender shall serve that prison term consecutively to any	1061
other prison term or mandatory prison term previously or	1062
subsequently imposed upon the offender.	1063

(4) If multiple prison terms are imposed on an offender for	1064
convictions of multiple offenses, the court may require the	1065
offender to serve the prison terms consecutively if the court	1066
finds that the consecutive service is necessary to protect the	1067
public from future crime or to punish the offender and that	1068
consecutive sentences are not disproportionate to the seriousness	1069
of the offender's conduct and to the danger the offender poses to	1070
the public, and if the court also finds any of the following:	1071

(a) The offender committed one or more of the multiple	1072
offenses while the offender was awaiting trial or sentencing, was	1073
under a sanction imposed pursuant to section 2929.16, 2929.17, or	1074
2929.18 of the Revised Code, or was under post-release control for	1075
a prior offense.	1076

(b) At least two of the multiple offenses were committed as	1077
part of one or more courses of conduct, and the harm caused by two	1078
or more of the multiple offenses so committed was so great or	1079
unusual that no single prison term for any of the offenses	1080
committed as part of any of the courses of conduct adequately	1081
reflects the seriousness of the offender's conduct.	1082

(c) The offender's history of criminal conduct demonstrates	1083
that consecutive sentences are necessary to protect the public	1084
from future crime by the offender.	1085

(5) If a mandatory prison term is imposed upon an offender	1086
pursuant to division (D)(5) or (6) of this section, the offender	1087
shall serve the mandatory prison term consecutively to and prior	1088
to any prison term imposed for the underlying violation of	1089
division (A)(1) or (2) of section 2903.06 of the Revised Code	1090
pursuant to division (A) of this section. If a mandatory prison	1091
term is imposed upon an offender pursuant to division (D)(5) of	1092
this section, and if a mandatory prison term also is imposed upon	1093
the offender pursuant to division (D)(6) of this section in	1094
relation to the same violation, the offender shall serve the	1095
mandatory prison term imposed pursuant to division (D)(5) of this	1096
section consecutively to and prior to the mandatory prison term	1097
imposed pursuant to division (D)(6) of this section and	1098
consecutively to and prior to any prison term imposed for the	1099
underlying violation of division (A)(1) or (2) of section 2903.06	1100
of the Revised Code pursuant to division (A) of this section.	1101

(6) When consecutive prison terms are imposed pursuant to	1102
division (E)(1), (2), (3), (4), or (5) of this section, the term	1103
to be served is the aggregate of all of the terms so imposed.	1104

(F)(1) If a court imposes a prison term of a type described	1105
in division (B) of section 2967.28 of the Revised Codefor a	1106
felony of the first degree, for a felony of the second degree, for	1107
a felony sex offense, or for a felony of the third degree that is	1108
not a felony sex offense and in the commission of which the	1109
offender caused or threatened to cause physical harm to a person,	1110
it shall include in the sentence a requirement that the offender	1111
be subject to a period of post-release control after the	1112
offender's release from imprisonment, in accordance with that	1113
division. If a court imposes a sentence including a prison term of	1114
a type described in this division on or after the effective date	1115
of this amendment, the failure of a court to include a	1116
post-release control requirement in the sentence pursuant to this	1117
division does not negate, limit, or otherwise affect the mandatory	1118
period of post-release control that is required for the offender	1119
under division (B) of section 2967.28 of the Revised Code. Section	1120
2929.191 of the Revised Code applies if, prior to the effective	1121
date of this amendment, a court imposed a sentence including a	1122
prison term of a type described in this division and failed to	1123
include in the sentence pursuant to this division a statement	1124
regarding post-release control.	1125

(2) If a court imposes a prison term of a type described in	1126
division (C) of that sectionfor a felony of the third, fourth, or	1127
fifth degree that is not subject to division (F)(1) of this	1128
section, it shall include in the sentence a requirement that the	1129
offender be subject to a period of post-release control after the	1130
offender's release from imprisonment, in accordance with that	1131
division, if the parole board determines that a period of	1132
post-release control is necessary. Section 2929.191 of the Revised	1133
Code applies if, prior to the effective date of this amendment, a	1134
court imposed a sentence including a prison term of a type	1135
described in this division and failed to include in the sentence	1136
pursuant to this division a statement regarding post-release	1137
control.	1138

(G) If a person is convicted of or pleads guilty to a violent	1139
sex offense or a designated homicide, assault, or kidnapping	1140
offense and, in relation to that offense, the offender is	1141
adjudicated a sexually violent predator, the court shall impose	1142
sentence upon the offender in accordance with section 2971.03 of	1143
the Revised Code, and Chapter 2971. of the Revised Code applies	1144
regarding the prison term or term of life imprisonment without	1145
parole imposed upon the offender and the service of that term of	1146
imprisonment.	1147

(H) If a person who has been convicted of or pleaded guilty	1148
to a felony is sentenced to a prison term or term of imprisonment	1149
under this section, sections 2929.02 to 2929.06 of the Revised	1150
Code, section 2971.03 of the Revised Code, or any other provision	1151
of law, section 5120.163 of the Revised Code applies regarding the	1152
person while the person is confined in a state correctional	1153
institution.	1154

(I) If an offender who is convicted of or pleads guilty to a	1155
felony that is an offense of violence also is convicted of or	1156
pleads guilty to a specification of the type described in section	1157
2941.142 of the Revised Code that charges the offender with having	1158
committed the felony while participating in a criminal gang, the	1159
court shall impose upon the offender an additional prison term of	1160
one, two, or three years.	1161

(J) If an offender who is convicted of or pleads guilty to	1162
aggravated murder, murder, or a felony of the first, second, or	1163
third degree that is an offense of violence also is convicted of	1164
or pleads guilty to a specification of the type described in	1165
section 2941.143 of the Revised Code that charges the offender	1166
with having committed the offense in a school safety zone or	1167
towards a person in a school safety zone, the court shall impose	1168
upon the offender an additional prison term of two years. The	1169
offender shall serve the additional two years consecutively to and	1170
prior to the prison term imposed for the underlying offense.	1171

(K) At the time of sentencing, the court may recommend the	1172
offender for placement in a program of shock incarceration under	1173
section 5120.031 of the Revised Code or for placement in an	1174
intensive program prison under section 5120.032 of the Revised	1175
Code, disapprove placement of the offender in a program of shock	1176
incarceration or an intensive program prison of that nature, or	1177
make no recommendation on placement of the offender. In no case	1178
shall the department of rehabilitation and correction place the	1179
offender in a program or prison of that nature unless the	1180
department determines as specified in section 5120.031 or 5120.032	1181
of the Revised Code, whichever is applicable, that the offender is	1182
eligible for the placement.	1183

If the court disapproves placement of the offender in a	1184
program or prison of that nature, the department of rehabilitation	1185
and correction shall not place the offender in any program of	1186
shock incarceration or intensive program prison.	1187

If the court recommends placement of the offender in a	1188
program of shock incarceration or in an intensive program prison,	1189
and if the offender is subsequently placed in the recommended	1190
program or prison, the department shall notify the court of the	1191
placement and shall include with the notice a brief description of	1192
the placement.	1193

If the court recommends placement of the offender in a	1194
program of shock incarceration or in an intensive program prison	1195
and the department does not subsequently place the offender in the	1196
recommended program or prison, the department shall send a notice	1197
to the court indicating why the offender was not placed in the	1198
recommended program or prison.	1199

If the court does not make a recommendation under this	1200
division with respect to an offender and if the department	1201
determines as specified in section 5120.031 or 5120.032 of the	1202
Revised Code, whichever is applicable, that the offender is	1203
eligible for placement in a program or prison of that nature, the	1204
department shall screen the offender and determine if there is an	1205
available program of shock incarceration or an intensive program	1206
prison for which the offender is suited. If there is an available	1207
program of shock incarceration or an intensive program prison for	1208
which the offender is suited, the department shall notify the	1209
court of the proposed placement of the offender as specified in	1210
section 5120.031 or 5120.032 of the Revised Code and shall include	1211
with the notice a brief description of the placement. The court	1212
shall have ten days from receipt of the notice to disapprove the	1213
placement.	1214

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	1215
hearing before imposing a sentence under this chapter upon an	1216
offender who was convicted of or pleaded guilty to a felony and	1217
before resentencing an offender who was convicted of or pleaded	1218
guilty to a felony and whose case was remanded pursuant to section	1219
2953.07 or 2953.08 of the Revised Code. At the hearing, the	1220
offender, the prosecuting attorney, the victim or the victim's	1221
representative in accordance with section 2930.14 of the Revised	1222
Code, and, with the approval of the court, any other person may	1223
present information relevant to the imposition of sentence in the	1224
case. The court shall inform the offender of the verdict of the	1225
jury or finding of the court and ask the offender whether the	1226
offender has anything to say as to why sentence should not be	1227
imposed upon the offender.	1228

(2) Except as otherwise provided in this division, before	1229
imposing sentence on an offender who is being sentenced on or	1230
after January 1, 1997, for a sexually oriented offense that is not	1231
a registration-exempt sexually oriented offense and who is in any	1232
category of offender described in division (B)(1)(a)(i), (ii), or	1233
(iii) of section 2950.09 of the Revised Code, the court shall	1234
conduct a hearing in accordance with division (B) of section	1235
2950.09 of the Revised Code to determine whether the offender is a	1236
sexual predator. The court shall not conduct a hearing under that	1237
division if the offender is being sentenced for a violent sex	1238
offense or a designated homicide, assault, or kidnapping offense	1239
and, in relation to that offense, the offender was adjudicated a	1240
sexually violent predator. Before imposing sentence on an offender	1241
who is being sentenced for a sexually oriented offense that is not	1242
a registration-exempt sexually oriented offense, the court also	1243
shall comply with division (E) of section 2950.09 of the Revised	1244
Code.	1245

Before imposing sentence on or after July 31, 2003, on an	1246
offender who is being sentenced for a child-victim oriented	1247
offense, regardless of when the offense was committed, the court	1248
shall conduct a hearing in accordance with division (B) of section	1249
2950.091 of the Revised Code to determine whether the offender is	1250
a child-victim predator. Before imposing sentence on an offender	1251
who is being sentenced for a child-victim oriented offense, the	1252
court also shall comply with division (E) of section 2950.091 of	1253
the Revised Code.	1254

(B)(1) At the sentencing hearing, the court, before imposing	1255
sentence, shall consider the record, any information presented at	1256
the hearing by any person pursuant to division (A) of this	1257
section, and, if one was prepared, the presentence investigation	1258
report made pursuant to section 2951.03 of the Revised Code or	1259
Criminal Rule 32.2, and any victim impact statement made pursuant	1260
to section 2947.051 of the Revised Code.	1261

(2) The court shall impose a sentence and shall make a	1262
finding that gives its reasons for selecting the sentence imposed	1263
in any of the following circumstances:	1264

(a) Unless the offense is a violent sex offense or designated	1265
homicide, assault, or kidnapping offense for which the court is	1266
required to impose sentence pursuant to division (G) of section	1267
2929.14 of the Revised Code, if it imposes a prison term for a	1268
felony of the fourth or fifth degree or for a felony drug offense	1269
that is a violation of a provision of Chapter 2925. of the Revised	1270
Code and that is specified as being subject to division (B) of	1271
section 2929.13 of the Revised Code for purposes of sentencing,	1272
its reasons for imposing the prison term, based upon the	1273
overriding purposes and principles of felony sentencing set forth	1274
in section 2929.11 of the Revised Code, and any factors listed in	1275
divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code	1276
that it found to apply relative to the offender.	1277

(b) If it does not impose a prison term for a felony of the	1278
first or second degree or for a felony drug offense that is a	1279
violation of a provision of Chapter 2925. of the Revised Code and	1280
for which a presumption in favor of a prison term is specified as	1281
being applicable, its reasons for not imposing the prison term and	1282
for overriding the presumption, based upon the overriding purposes	1283
and principles of felony sentencing set forth in section 2929.11	1284
of the Revised Code, and the basis of the findings it made under	1285
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	1286

(c) If it imposes consecutive sentences under section 2929.14	1287
of the Revised Code, its reasons for imposing the consecutive	1288
sentences;	1289

(d) If the sentence is for one offense and it imposes a	1290
prison term for the offense that is the maximum prison term	1291
allowed for that offense by division (A) of section 2929.14 of the	1292
Revised Code, its reasons for imposing the maximum prison term;	1293

(e) If the sentence is for two or more offenses arising out	1294
of a single incident and it imposes a prison term for those	1295
offenses that is the maximum prison term allowed for the offense	1296
of the highest degree by division (A) of section 2929.14 of the	1297
Revised Code, its reasons for imposing the maximum prison term.	1298

(3) Subject to division (B)(4) of this section, if the	1299
sentencing court determines at the sentencing hearing that a	1300
prison term is necessary or required, the court shall do all of	1301
the following:	1302

(a) Impose a stated prison term;

1303

(b) Notify the offender that, as part of the sentence, the	1304
parole board may extend the stated prison term for certain	1305
violations of prison rules for up to one-half of the stated prison	1306
term;	1307

(c) Notify the offender that the offender will be supervised	1308
under section 2967.28 of the Revised Code after the offender	1309
leaves prison if the offender is being sentenced for a felony of	1310
the first degree or second degree, for a felony sex offense, or	1311
for a felony of the third degree that is not a felony sex offense	1312
and in the commission of which the offender caused or threatened	1313
to cause physical harm to a person;. If a court imposes a sentence	1314
including a prison term of a type described in division (B)(3)(c)	1315
of this section on or after the effective date of this amendment,	1316
the failure of a court to notify the offender pursuant to division	1317
(B)(3)(c) of this section that the offender will be supervised	1318
under section 2967.28 of the Revised Code after the offender	1319
leaves prison or to include in the judgment of conviction entered	1320
on the journal a statement to that effect does not negate, limit,	1321
or otherwise affect the mandatory period of supervision that is	1322
required for the offender under division (B) of section 2967.28 of	1323
the Revised Code. Section 2929.191 of the Revised Code applies if,	1324
prior to the effective date of this amendment, a court imposed a	1325
sentence including a prison term of a type described in division	1326
(B)(3)(c) of this section and failed to notify the offender	1327
pursuant to division (B)(3)(c) of this section regarding	1328
post-release control or to include in the judgment of conviction	1329
entered on the journal or in the sentence a statement regarding	1330
post-release control.	1331

(d) Notify the offender that the offender may be supervised	1332
under section 2967.28 of the Revised Code after the offender	1333
leaves prison if the offender is being sentenced for a felony of	1334
the third, fourth, or fifth degree that is not subject to division	1335
(B)(3)(c) of this section;. Section 2929.191 of the Revised Code	1336
applies if, prior to the effective date of this amendment, a court	1337
imposed a sentence including a prison term of a type described in	1338
division (B)(3)(d) of this section and failed to notify the	1339
offender pursuant to division (B)(3)(d) of this section regarding	1340
post-release control or to include in the judgment of conviction	1341
entered on the journal or in the sentence a statement regarding	1342
post-release control.	1343

(e) Notify the offender that, if a period of supervision is	1344
imposed following the offender's release from prison, as described	1345
in division (B)(3)(c) or (d) of this section, and if the offender	1346
violates that supervision or a condition of post-release control	1347
imposed under division (B) of section 2967.131 of the Revised	1348
Code, the parole board may impose a prison term, as part of the	1349
sentence, of up to one-half of the stated prison term originally	1350
imposed upon the offender;. If a court imposes a sentence	1351
including a prison term on or after the effective date of this	1352
amendment, the failure of a court to notify the offender pursuant	1353
to division (B)(3)(e) of this section that the parole board may	1354
impose a prison term as described in division (B)(3)(e) of this	1355
section for a violation of that supervision or a condition of	1356
post-release control imposed under division (B) of section	1357
2967.131 of the Revised Code or to include in the judgment of	1358
conviction entered on the journal a statement to that effect does	1359
not negate, limit, or otherwise affect the authority of the parole	1360
board to so impose a prison term for a violation of that nature	1361
if, pursuant to division (D)(1) of section 2967.28 of the Revised	1362
Code, the parole board notifies the offender prior to the	1363
offender's release of the board's authority to so impose a prison	1364
term. Section 2929.191 of the Revised Code applies if, prior to	1365
the effective date of this amendment, a court imposed a sentence	1366
including a prison term and failed to notify the offender pursuant	1367
to division (B)(3)(e) of this section regarding the possibility of	1368
the parole board imposing a prison term for a violation of	1369
supervision or a condition of post-release control.	1370

(f) Require that the offender not ingest or be injected with	1371
a drug of abuse and submit to random drug testing as provided in	1372
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	1373
is applicable to the offender who is serving a prison term, and	1374
require that the results of the drug test administered under any	1375
of those sections indicate that the offender did not ingest or was	1376
not injected with a drug of abuse.	1377

(4) If the offender is being sentenced for a violent sex	1378
offense or designated homicide, assault, or kidnapping offense	1379
that the offender committed on or after January 1, 1997, and the	1380
offender is adjudicated a sexually violent predator in relation to	1381
that offense, if the offender is being sentenced for a sexually	1382
oriented offense that is not a registration-exempt sexually	1383
oriented offense and that the offender committed on or after	1384
January 1, 1997, and the court imposing the sentence has	1385
determined pursuant to division (B) of section 2950.09 of the	1386
Revised Code that the offender is a sexual predator, if the	1387
offender is being sentenced on or after July 31, 2003, for a	1388
child-victim oriented offense and the court imposing the sentence	1389
has determined pursuant to division (B) of section 2950.091 of the	1390
Revised Code that the offender is a child-victim predator, or if	1391
the offender is being sentenced for an aggravated sexually	1392
oriented offense as defined in section 2950.01 of the Revised	1393
Code, the court shall include in the offender's sentence a	1394
statement that the offender has been adjudicated a sexual	1395
predator, has been adjudicated a child victim predator, or has	1396
been convicted of or pleaded guilty to an aggravated sexually	1397
oriented offense, whichever is applicable, and shall comply with	1398
the requirements of section 2950.03 of the Revised Code.	1399
Additionally, in the circumstances described in division (G) of	1400
section 2929.14 of the Revised Code, the court shall impose	1401
sentence on the offender as described in that division.	1402

(5) If the sentencing court determines at the sentencing	1403
hearing that a community control sanction should be imposed and	1404
the court is not prohibited from imposing a community control	1405
sanction, the court shall impose a community control sanction. The	1406
court shall notify the offender that, if the conditions of the	1407
sanction are violated, if the offender commits a violation of any	1408
law, or if the offender leaves this state without the permission	1409
of the court or the offender's probation officer, the court may	1410
impose a longer time under the same sanction, may impose a more	1411
restrictive sanction, or may impose a prison term on the offender	1412
and shall indicate the specific prison term that may be imposed as	1413
a sanction for the violation, as selected by the court from the	1414
range of prison terms for the offense pursuant to section 2929.14	1415
of the Revised Code.	1416

(6) Before imposing a financial sanction under section	1417
2929.18 of the Revised Code or a fine under section 2929.32 of the	1418
Revised Code, the court shall consider the offender's present and	1419
future ability to pay the amount of the sanction or fine.	1420

(7) If the sentencing court sentences the offender to a	1421
sanction of confinement pursuant to section 2929.14 or 2929.16 of	1422
the Revised Code that is to be served in a local detention	1423
facility, as defined in section 2929.36 of the Revised Code, and	1424
if the local detention facility is covered by a policy adopted	1425
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	1426
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	1427
and section 2929.37 of the Revised Code, both of the following	1428
apply:	1429

(a) The court shall specify both of the following as part of	1430
the sentence:	1431

(i) If the offender is presented with an itemized bill	1432
pursuant to section 2929.37 of the Revised Code for payment of the	1433
costs of confinement, the offender is required to pay the bill in	1434
accordance with that section.	1435

(ii) If the offender does not dispute the bill described in	1436
division (B)(7)(a)(i) of this section and does not pay the bill by	1437
the times specified in section 2929.37 of the Revised Code, the	1438
clerk of the court may issue a certificate of judgment against the	1439
offender as described in that section.	1440

(b) The sentence automatically includes any certificate of	1441
judgment issued as described in division (B)(7)(a)(ii) of this	1442
section.	1443

(C)(1) If the offender is being sentenced for a fourth degree	1444
felony OVI offense under division (G)(1) of section 2929.13 of the	1445
Revised Code, the court shall impose the mandatory term of local	1446
incarceration in accordance with that division, shall impose a	1447
mandatory fine in accordance with division (B)(3) of section	1448
2929.18 of the Revised Code, and, in addition, may impose	1449
additional sanctions as specified in sections 2929.15, 2929.16,	1450
2929.17, and 2929.18 of the Revised Code. The court shall not	1451
impose a prison term on the offender except that the court may	1452
impose a prison term upon the offender as provided in division	1453
(A)(1) of section 2929.13 of the Revised Code.	1454

(2) If the offender is being sentenced for a third or fourth	1455
degree felony OVI offense under division (G)(2) of section 2929.13	1456
of the Revised Code, the court shall impose the mandatory prison	1457
term in accordance with that division, shall impose a mandatory	1458
fine in accordance with division (B)(3) of section 2929.18 of the	1459
Revised Code, and, in addition, may impose an additional prison	1460
term as specified in section 2929.14 of the Revised Code. In	1461
addition to the mandatory prison term or mandatory prison term and	1462
additional prison term the court imposes, the court also may	1463
impose a community control sanction on the offender, but the	1464
offender shall serve all of the prison terms so imposed prior to	1465
serving the community control sanction.	1466

(D) The sentencing court, pursuant to division (K) of section	1467
2929.14 of the Revised Code, may recommend placement of the	1468
offender in a program of shock incarceration under section	1469
5120.031 of the Revised Code or an intensive program prison under	1470
section 5120.032 of the Revised Code, disapprove placement of the	1471
offender in a program or prison of that nature, or make no	1472
recommendation. If the court recommends or disapproves placement,	1473
it shall make a finding that gives its reasons for its	1474
recommendation or disapproval.	1475

Sec. 2929.191.  (A)(1) If, prior to the effective date of	1476
this section, a court imposed a sentence including a prison term	1477
of a type described in division (B)(3)(c) of section 2929.19 of	1478
the Revised Code and failed to notify the offender pursuant to	1479
that division that the offender will be supervised under section	1480
2967.28 of the Revised Code after the offender leaves prison or to	1481
include a statement to that effect in the judgment of conviction	1482
entered on the journal or in the sentence pursuant to division	1483
(F)(1) of section 2929.14 of the Revised Code, at any time before	1484
the offender is released from imprisonment under that term and at	1485
a hearing conducted in accordance with division (C) of this	1486
section, the court may prepare and issue a correction to the	1487
judgment of conviction that includes in the judgment of conviction	1488
the statement that the offender will be supervised under section	1489
2967.28 of the Revised Code after the offender leaves prison.	1490

If, prior to the effective date of this section, a court	1491
imposed a sentence including a prison term of a type described in	1492
division (B)(3)(d) of section 2929.19 of the Revised Code and	1493
failed to notify the offender pursuant to that division that the	1494
offender may be supervised under section 2967.28 of the Revised	1495
Code after the offender leaves prison or to include a statement to	1496
that effect in the judgment of conviction entered on the journal	1497
or in the sentence pursuant to division (F)(2) of section 2929.14	1498
of the Revised Code, at any time before the offender is released	1499
from imprisonment under that term and at a hearing conducted in	1500
accordance with division (C) of this section, the court may	1501
prepare and issue a correction to the judgment of conviction that	1502
includes in the judgment of conviction the statement that the	1503
offender may be supervised under section 2967.28 of the Revised	1504
Code after the offender leaves prison.	1505

(2) If a court prepares and issues a correction to a judgment	1506
of conviction as described in division (A)(1) of this section	1507
before the offender is released from imprisonment under the prison	1508
term the court imposed prior to the effective date of this	1509
section, the court shall place upon the journal of the court an	1510
entry nunc pro tunc to record the correction to the judgment of	1511
conviction and shall provide a copy of the entry to the offender	1512
or, if the offender is not physically present at the hearing,	1513
shall send a copy of the entry to the department of rehabilitation	1514
and correction for delivery to the offender. If the court sends a	1515
copy of the entry to the department, the department promptly shall	1516
deliver a copy of the entry to the offender. The court's placement	1517
upon the journal of the entry nunc pro tunc before the offender is	1518
released from imprisonment under the term shall be considered, and	1519
shall have the same effect, as if the court at the time of	1520
original sentencing had included the statement in the sentence and	1521
the judgment of conviction entered on the journal and had notified	1522
the offender that the offender will be so supervised regarding a	1523
sentence including a prison term of a type described in division	1524
(B)(3)(c) of section 2929.19 of the Revised Code or that the	1525
offender may be so supervised regarding a sentence including a	1526
prison term of a type described in division (B)(3)(d) of that	1527
section.	1528

(B)(1) If, prior to the effective date of this section, a	1529
court imposed a sentence including a prison term and failed to	1530
notify the offender pursuant to division (B)(3)(e) of section	1531
2929.19 of the Revised Code regarding the possibility of the	1532
parole board imposing a prison term for a violation of supervision	1533
or a condition of post-release control or to include in the	1534
judgment of conviction entered on the journal a statement to that	1535
effect, at any time before the offender is released from	1536
imprisonment under that term and at a hearing conducted in	1537
accordance with division (C) of this section, the court may	1538
prepare and issue a correction to the judgment of conviction that	1539
includes in the judgment of conviction the statement that if a	1540
period of supervision is imposed following the offender's release	1541
from prison, as described in division (B)(3)(c) or (d) of section	1542
2929.19 of the Revised Code, and if the offender violates that	1543
supervision or a condition of post-release control imposed under	1544
division (B) of section 2967.131 of the Revised Code the parole	1545
board may impose as part of the sentence a prison term of up to	1546
one-half of the stated prison term originally imposed upon the	1547
offender.	1548

(2) If the court prepares and issues a correction to a	1549
judgment of conviction as described in division (B)(1) of this	1550
section before the offender is released from imprisonment under	1551
the term, the court shall place upon the journal of the court an	1552
entry nunc pro tunc to record the correction to the judgment of	1553
conviction and shall provide a copy of the entry to the offender	1554
or, if the offender is not physically present at the hearing,	1555
shall send a copy of the entry to the department of rehabilitation	1556
and correction for delivery to the offender. If the court sends a	1557
copy of the entry to the department, the department promptly shall	1558
deliver a copy of the entry to the offender. The court's placement	1559
upon the journal of the entry nunc pro tunc before the offender is	1560
released from imprisonment under the term shall be considered, and	1561
shall have the same effect, as if the court at the time of	1562
original sentencing had included the statement in the judgment of	1563
conviction entered on the journal and had notified the offender	1564
pursuant to division (B)(3)(e) of section 2929.19 of the Revised	1565
Code regarding the possibility of the parole board imposing a	1566
prison term for a violation of supervision or a condition of	1567
post-release control.	1568

(C) On and after the effective date of this section, a court	1569
that wishes to prepare and issue a correction to a judgment of	1570
conviction of a type described in division (A)(1) or (B)(1) of	1571
this section shall not issue the correction until after the court	1572
has conducted a hearing in accordance with this division. Before a	1573
court holds a hearing pursuant to this division, the court shall	1574
provide notice of the date, time, place, and purpose of the	1575
hearing to the offender who is the subject of the hearing, the	1576
prosecuting attorney of the county, and the department of	1577
rehabilitation and correction. The offender has the right to be	1578
physically present at the hearing, except that, upon the court's	1579
own motion or the motion of the offender or the prosecuting	1580
attorney, the court may permit the offender to appear at the	1581
hearing by video conferencing equipment if available and	1582
compatible. An appearance by video conferencing equipment pursuant	1583
to this division has the same force and effect as if the offender	1584
were physically present at the hearing. At the hearing, the	1585
offender and the prosecuting attorney may make a statement as to	1586
whether the court should issue a correction to the judgment of	1587
conviction.	1588

Sec. 2967.28.  (A) As used in this section:

1589

(1) "Monitored time" means the monitored time sanction	1590
specified in section 2929.17 of the Revised Code.	1591

(2) "Deadly weapon" and "dangerous ordnance" have the same	1592
meanings as in section 2923.11 of the Revised Code.	1593

(3) "Felony sex offense" means a violation of a section	1594
contained in Chapter 2907. of the Revised Code that is a felony.	1595

(B) Each sentence to a prison term for a felony of the first	1596
degree, for a felony of the second degree, for a felony sex	1597
offense, or for a felony of the third degree that is not a felony	1598
sex offense and in the commission of which the offender caused or	1599
threatened to cause physical harm to a person shall include a	1600
requirement that the offender be subject to a period of	1601
post-release control imposed by the parole board after the	1602
offender's release from imprisonment. If a court imposes a	1603
sentence including a prison term of a type described in this	1604
division on or after the effective date of this amendment, the	1605
failure of a sentencing court to notify the offender pursuant to	1606
division (B)(3)(c) of section 2929.19 of the Revised Code of this	1607
requirement or to include in the judgment of conviction entered on	1608
the journal a statement that the offender's sentence includes this	1609
requirement does not negate, limit, or otherwise affect the	1610
mandatory period of supervision that is required for the offender	1611
under this division. Section 2929.191 of the Revised Code applies	1612
if, prior to the effective date of this amendment, a court imposed	1613
a sentence including a prison term of a type described in this	1614
division and failed to notify the offender pursuant to division	1615
(B)(3)(c) of section 2929.19 of the Revised Code regarding	1616
post-release control or to include in the judgment of conviction	1617
entered on the journal or in the sentence pursuant to division	1618
(F)(1) of section 2929.14 of the Revised Code a statement	1619
regarding post-release control. Unless reduced by the parole board	1620
pursuant to division (D) of this section when authorized under	1621
that division, a period of post-release control required by this	1622
division for an offender shall be of one of the following periods:	1623

(1) For a felony of the first degree or for a felony sex	1624
offense, five years;	1625

(2) For a felony of the second degree that is not a felony	1626
sex offense, three years;	1627

(3) For a felony of the third degree that is not a felony sex	1628
offense and in the commission of which the offender caused or	1629
threatened physical harm to a person, three years.	1630

(C) Any sentence to a prison term for a felony of the third,	1631
fourth, or fifth degree that is not subject to division (B)(1) or	1632
(3) of this section shall include a requirement that the offender	1633
be subject to a period of post-release control of up to three	1634
years after the offender's release from imprisonment, if the	1635
parole board, in accordance with division (D) of this section,	1636
determines that a period of post-release control is necessary for	1637
that offender. Section 2929.191 of the Revised Code applies if,	1638
prior to the effective date of this amendment, a court imposed a	1639
sentence including a prison term of a type described in this	1640
division and failed to notify the offender pursuant to division	1641
(B)(3)(d) of section 2929.19 of the Revised Code regarding	1642
post-release control or to include in the judgment of conviction	1643
entered on the journal or in the sentence pursuant to division	1644
(F)(2) of section 2929.14 of the Revised Code a statement	1645
regarding post-release control.	1646

(D)(1) Before the prisoner is released from imprisonment, the	1647
parole board shall impose upon a prisoner described in division	1648
(B) of this section, may impose upon a prisoner described in	1649
division (C) of this section, and shall impose upon a prisoner	1650
described in division (B)(2)(b) of section 5120.031 or in division	1651
(B)(1) of section 5120.032 of the Revised Code, one or more	1652
post-release control sanctions to apply during the prisoner's	1653
period of post-release control. Whenever the board imposes one or	1654
more post-release control sanctions upon a prisoner, the board, in	1655
addition to imposing the sanctions, also shall include as a	1656
condition of the post-release control that the individual or felon	1657
not leave the state without permission of the court or the	1658
individual's or felon's parole or probation officer and that the	1659
individual or felon abide by the law. The board may impose any	1660
other conditions of release under a post-release control sanction	1661
that the board considers appropriate, and the conditions of	1662
release may include any community residential sanction, community	1663
nonresidential sanction, or financial sanction that the sentencing	1664
court was authorized to impose pursuant to sections 2929.16,	1665
2929.17, and 2929.18 of the Revised Code. Prior to the release of	1666
a prisoner for whom it will impose one or more post-release	1667
control sanctions under this division, the parole board shall	1668
review the prisoner's criminal history, all juvenile court	1669
adjudications finding the prisoner, while a juvenile, to be a	1670
delinquent child, and the record of the prisoner's conduct while	1671
imprisoned. The parole board shall consider any recommendation	1672
regarding post-release control sanctions for the prisoner made by	1673
the office of victims' services. After considering those	1674
materials, the board shall determine, for a prisoner described in	1675
division (B) of this section, division (B)(2)(b) of section	1676
5120.031, or division (B)(1) of section 5120.032 of the Revised	1677
Code, which post-release control sanction or combination of	1678
post-release control sanctions is reasonable under the	1679
circumstances or, for a prisoner described in division (C) of this	1680
section, whether a post-release control sanction is necessary and,	1681
if so, which post-release control sanction or combination of	1682
post-release control sanctions is reasonable under the	1683
circumstances. In the case of a prisoner convicted of a felony of	1684
the fourth or fifth degree other than a felony sex offense, the	1685
board shall presume that monitored time is the appropriate	1686
post-release control sanction unless the board determines that a	1687
more restrictive sanction is warranted. A post-release control	1688
sanction imposed under this division takes effect upon the	1689
prisoner's release from imprisonment.	1690

Regardless of whether the prisoner was sentenced to the	1691
prison term prior to, on, or after the effective date of this	1692
amendment, prior to the release of a prisoner for whom it will	1693
impose one or more post-release control sanctions under this	1694
division, the parole board shall notify the prisoner that, if the	1695
prisoner violates any sanction so imposed or any condition of	1696
post-release control described in division (B) of section 2967.131	1697
of the Revised Code that is imposed on the prisoner, the parole	1698
board may impose a prison term of up to one-half of the stated	1699
prison term originally imposed upon the prisoner.	1700

(2) At any time after a prisoner is released from	1701
imprisonment and during the period of post-release control	1702
applicable to the releasee, the adult parole authority may review	1703
the releasee's behavior under the post-release control sanctions	1704
imposed upon the releasee under this section. The authority may	1705
determine, based upon the review and in accordance with the	1706
standards established under division (E) of this section, that a	1707
more restrictive or a less restrictive sanction is appropriate and	1708
may impose a different sanction. Unless the period of post-release	1709
control was imposed for an offense described in division (B)(1) of	1710
this section, the authority also may recommend that the parole	1711
board reduce the duration of the period of post-release control	1712
imposed by the court. If the authority recommends that the board	1713
reduce the duration of control for an offense described in	1714
division (B)(2), (B)(3), or (C) of this section, the board shall	1715
review the releasee's behavior and may reduce the duration of the	1716
period of control imposed by the court. In no case shall the board	1717
reduce the duration of the period of control imposed by the court	1718
for an offense described in division (B)(1) of this section, and	1719
in no case shall the board permit the releasee to leave the state	1720
without permission of the court or the releasee's parole or	1721
probation officer.	1722

(E) The department of rehabilitation and correction, in	1723
accordance with Chapter 119. of the Revised Code, shall adopt	1724
rules that do all of the following:	1725

(1) Establish standards for the imposition by the parole	1726
board of post-release control sanctions under this section that	1727
are consistent with the overriding purposes and sentencing	1728
principles set forth in section 2929.11 of the Revised Code and	1729
that are appropriate to the needs of releasees;	1730

(2) Establish standards by which the parole board can	1731
determine which prisoners described in division (C) of this	1732
section should be placed under a period of post-release control;	1733

(3) Establish standards to be used by the parole board in	1734
reducing the duration of the period of post-release control	1735
imposed by the court when authorized under division (D) of this	1736
section, in imposing a more restrictive post-release control	1737
sanction than monitored time upon a prisoner convicted of a felony	1738
of the fourth or fifth degree other than a felony sex offense, or	1739
in imposing a less restrictive control sanction upon a releasee	1740
based on the releasee's activities including, but not limited to,	1741
remaining free from criminal activity and from the abuse of	1742
alcohol or other drugs, successfully participating in approved	1743
rehabilitation programs, maintaining employment, and paying	1744
restitution to the victim or meeting the terms of other financial	1745
sanctions;	1746

(4) Establish standards to be used by the adult parole	1747
authority in modifying a releasee's post-release control sanctions	1748
pursuant to division (D)(2) of this section;	1749

(5) Establish standards to be used by the adult parole	1750
authority or parole board in imposing further sanctions under	1751
division (F) of this section on releasees who violate post-release	1752
control sanctions, including standards that do the following:	1753

(a) Classify violations according to the degree of	1754
seriousness;	1755

(b) Define the circumstances under which formal action by the	1756
parole board is warranted;	1757

(c) Govern the use of evidence at violation hearings;

1758

(d) Ensure procedural due process to an alleged violator;

1759

(e) Prescribe nonresidential community control sanctions for	1760
most misdemeanor and technical violations;	1761

(f) Provide procedures for the return of a releasee to	1762
imprisonment for violations of post-release control.	1763

(F)(1) If a post-release control sanction is imposedWhenever	1764
the parole board imposes one or more post-release control	1765
sanctions upon an offender under this section, the offender upon	1766
release from imprisonment shall be under the general jurisdiction	1767
of the adult parole authority and generally shall be supervised by	1768
the field services section through its staff of parole and field	1769
officers as described in section 5149.04 of the Revised Code, as	1770
if the offender had been placed on parole. If the offender upon	1771
release from imprisonment violates the post-release control	1772
sanction or any conditions described in division (A) of section	1773
2967.131 of the Revised Code that are imposed on the offender, the	1774
public or private person or entity that operates or administers	1775
the sanction or the program or activity that comprises the	1776
sanction shall report the violation directly to the adult parole	1777
authority or to the officer of the authority who supervises the	1778
offender. The authority's officers may treat the offender as if	1779
the offender were on parole and in violation of the parole, and	1780
otherwise shall comply with this section.	1781

(2) If the adult parole authority determines that a releasee	1782
has violated a post-release control sanction or any conditions	1783
described in division (A) of section 2967.131 of the Revised Code	1784
imposed upon the releasee and that a more restrictive sanction is	1785
appropriate, the authority may impose a more restrictive sanction	1786
upon the releasee, in accordance with the standards established	1787
under division (E) of this section, or may report the violation to	1788
the parole board for a hearing pursuant to division (F)(3) of this	1789
section. The authority may not, pursuant to this division,	1790
increase the duration of the releasee's post-release control or	1791
impose as a post-release control sanction a residential sanction	1792
that includes a prison term, but the authority may impose on the	1793
releasee any other residential sanction, nonresidential sanction,	1794
or financial sanction that the sentencing court was authorized to	1795
impose pursuant to sections 2929.16, 2929.17, and 2929.18 of the	1796
Revised Code.	1797

(3) The parole board may hold a hearing on any alleged	1798
violation by a releasee of a post-release control sanction or any	1799
conditions described in division (A) of section 2967.131 of the	1800
Revised Code that are imposed upon the releasee. If after the	1801
hearing the board finds that the releasee violated the sanction or	1802
condition, the board may increase the duration of the releasee's	1803
post-release control up to the maximum duration authorized by	1804
division (B) or (C) of this section or impose a more restrictive	1805
post-release control sanction. When appropriate, the board may	1806
impose as a post-release control sanction a residential sanction	1807
that includes a prison term. The board shall consider a prison	1808
term as a post-release control sanction imposed for a violation of	1809
post-release control when the violation involves a deadly weapon	1810
or dangerous ordnance, physical harm or attempted serious physical	1811
harm to a person, or sexual misconduct, or when the releasee	1812
committed repeated violations of post-release control sanctions.	1813
The period of a prison term that is imposed as a post-release	1814
control sanction under this division shall not exceed nine months,	1815
and the maximum cumulative prison term for all violations under	1816
this division shall not exceed one-half of the stated prison term	1817
originally imposed upon the offender as part of this sentence. The	1818
period of a prison term that is imposed as a post-release control	1819
sanction under this division shall not count as, or be credited	1820
toward, the remaining period of post-release control.	1821

If an offender is imprisoned for a felony committed while	1822
under post-release control supervision and is again released on	1823
post-release control for a period of time determined by division	1824
(F)(4)(d) of this section, the maximum cumulative prison term for	1825
all violations under this division shall not exceed one-half of	1826
the total stated prison terms of the earlier felony, reduced by	1827
any prison term administratively imposed by the parole board, plus	1828
one-half of the total stated prison term of the new felony.	1829

(4) Any period of post-release control shall commence upon an	1830
offender's actual release from prison. If an offender is serving	1831
an indefinite prison term or a life sentence in addition to a	1832
stated prison term, the offender shall serve the period of	1833
post-release control in the following manner:	1834

(a) If a period of post-release control is imposed upon the	1835
offender and if the offender also is subject to a period of parole	1836
under a life sentence or an indefinite sentence, and if the period	1837
of post-release control ends prior to the period of parole, the	1838
offender shall be supervised on parole. The offender shall receive	1839
credit for post-release control supervision during the period of	1840
parole. The offender is not eligible for final release under	1841
section 2967.16 of the Revised Code until the post-release control	1842
period otherwise would have ended.	1843

(b) If a period of post-release control is imposed upon the	1844
offender and if the offender also is subject to a period of parole	1845
under an indefinite sentence, and if the period of parole ends	1846
prior to the period of post-release control, the offender shall be	1847
supervised on post-release control. The requirements of parole	1848
supervision shall be satisfied during the post-release control	1849
period.	1850

(c) If an offender is subject to more than one period of	1851
post-release control, the period of post-release control for all	1852
of the sentences shall be the period of post-release control that	1853
expires last, as determined by the parole board. Periods of	1854
post-release control shall be served concurrently and shall not be	1855
imposed consecutively to each other.	1856

(d) The period of post-release control for a releasee who	1857
commits a felony while under post-release control for an earlier	1858
felony shall be the longer of the period of post-release control	1859
specified for the new felony under division (B) or (C) of this	1860
section or the time remaining under the period of post-release	1861
control imposed for the earlier felony as determined by the parole	1862
board.	1863

Sec.  4510.07. (A) The court imposing a sentence upon an	1864
offender for any violation of a municipal ordinance that is	1865
substantially equivalent to a violation of section 2903.06 or	1866
2907.24 of the Revised Code or for any violation of a municipal	1867
OVI ordinance also shall impose a suspension of the offender's	1868
driver's license, commercial driver's license, temporary	1869
instruction permit, probationary license, or nonresident operating	1870
privilege from the range specified in division (B)(A) of section	1871
4510.02 of the Revised Code that is equivalent in length to the	1872
suspension required for a violation of section 2903.06 or 2907.24	1873
or division (A) or (B) of section 4511.19 of the Revised Code	1874
under similar circumstances.	1875

(B)(1) As used in division (B)(2) of this section,	1876
"equivalent state OVI offender" means a person who is convicted of	1877
or pleads guilty to a violation of division (A) of section 4511.19	1878
of the Revised Code under circumstances similar to the	1879
circumstances of the offender who is convicted of or pleads guilty	1880
to a violation of a municipal OVI ordinance and to whom division	1881
(B)(2) of this section is being applied.	1882

(2) If an offender is convicted of or pleads guilty to a	1883
violation of a municipal OVI ordinance that is substantially	1884
equivalent to division (A) of section 4511.19 of the Revised Code	1885
and the offender's driver's license, commercial driver's license,	1886
temporary instruction permit, probationary license, or nonresident	1887
operating privilege was suspended under division (B) or (C) of	1888
section 4511.191 of the Revised Code as a result of the same	1889
incident or the same set of facts and circumstances that resulted	1890
in the conviction or guilty plea, when the court suspends the	1891
offender's license, permit, or privilege pursuant to division (A)	1892
of this section for the violation of the municipal OVI ordinance,	1893
the period of suspension the court imposes upon the offender shall	1894
not be less than the greater of either the minimum suspension	1895
period specified in division (A)(2), (3), (4), or (5) of section	1896
4510.02 of the Revised Code for an equivalent state OVI offender	1897
or the period of time remaining in the suspension imposed upon the	1898
offender under division (B) or (C) of section 4511.191 of the	1899
Revised Code on the date the court imposes sentence upon the	1900
offender. The period of suspension the court imposes upon the	1901
offender shall not exceed the maximum period specified in division	1902
(A)(2), (3), (4), or (5) of section 4510.02 of the Revised Code,	1903
as applicable.	1904

Sec. 4510.13.  (A)(1) Divisions (A)(2) to (7) of this section	1905
apply to a judge or mayor regarding the suspension of, or the	1906
grant of limited driving privileges during a suspension of, an	1907
offender's driver's or commercial driver's license or permit or	1908
nonresident operating privilege imposed under division (G) or (H)	1909
of section 4511.19 of the Revised Code, under division (B) or (C)	1910
of section 4511.191 of the Revised Code, or under section 4510.07	1911
of the Revised Code for a conviction of a violation of a municipal	1912
OVI ordinance.	1913

(2) No judge or mayor shall suspend the following portions of	1914
the suspension of an offender's driver's or commercial driver's	1915
license or permit or nonresident operating privilege imposed under	1916
division (G) or (H) of section 4511.19 of the Revised Code or	1917
under section 4510.07 of the Revised Code for a conviction of a	1918
violation of a municipal OVI ordinance, provided that division	1919
(A)(2) of this section does not limit a court or mayor in	1920
crediting any period of suspension imposed pursuant to division	1921
(B) or (C) of section 4511.191 of the Revised Code against any	1922
time of judicial suspension imposed pursuant to section 4511.19 or	1923
4510.07 of the Revised Code, as described in divisions (B)(2) and	1924
(C)(2) of section 4511.191 of the Revised Code:	1925

(a) The first six months of a suspension imposed under	1926
division (G)(1)(a) of section 4511.19 of the Revised Code or of a	1927
comparable length suspension imposed under section 4510.07 of the	1928
Revised Code;	1929

(b) The first year of a suspension imposed under division	1930
(G)(1)(b) or (c) of section 4511.19 of the Revised Code or of a	1931
comparable length suspension imposed under section 4510.07 of the	1932
Revised Code;	1933

(c) The first three years of a suspension imposed under	1934
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	1935
or of a comparable length suspension imposed under section 4510.07	1936
of the Revised Code;	1937

(d) The first sixty days of a suspension imposed under	1938
division (H) of section 4511.19 of the Revised Code or of a	1939
comparable length suspension imposed under section 4510.07 of the	1940
Revised Code.	1941

(3) No judge or mayor shall grant limited driving privileges	1942
to an offender whose driver's or commercial driver's license or	1943
permit or nonresident operating privilege has been suspended under	1944
division (G) or (H) of section 4511.19 of the Revised Code, under	1945
division (C) of section 4511.191 of the Revised Code, or under	1946
section 4510.07 of the Revised Code for a municipal OVI conviction	1947
if the offender, within the preceding sixtwenty years, has been	1948
convicted of or pleaded guilty to threefour or more violations of	1949
one or more of the Revised Code sections, municipal ordinances,	1950
statutes of the United States or another state, or municipal	1951
ordinances of a municipal corporation of another state that are	1952
identified in divisionsdivision (G)(2)(b) to (h) of section	1953
2919.22 of the Revised Code.	1954

Additionally, no judge or mayor shall grant limited driving	1955
privileges to an offendera person whose driver's or commercial	1956
driver's license or permit or nonresident operating privilege has	1957
been suspended under division (B) of section 4511.191 of the	1958
Revised Code if the offenderperson, within the preceding six	1959
twenty years of the date on which the person refused the request	1960
to consent to the chemical test that resulted in the suspension,	1961
hashad refused threefour or more previous requests to consent to	1962
a chemical test of the person's whole blood, blood serum or	1963
plasma, breath, or urine to determine its alcohol content, had	1964
been convicted of or pleaded guilty to four or more violations of	1965
division (A) or (B) of section 4511.19 of the Revised Code or	1966
other equivalent offenses, or had refused a number of previous	1967
requests to consent to a chemical test and also had been convicted	1968
of or pleaded guilty to a number of violations of division (A) or	1969
(B) of section 4511.19 of the Revised Code or of other equivalent	1970
offenses, each of which violations or offenses arose from an	1971
incident other than an incident that led to any of the refusals,	1972
that in combination consist of a total of four or more such	1973
refusals, convictions, and guilty pleas.	1974

(4) No judge or mayor shall grant limited driving privileges	1975
for employment as a driver of commercial motor vehicles to an	1976
offender whose driver's or commercial driver's license or permit	1977
or nonresident operating privilege has been suspended under	1978
division (G) or (H) of section 4511.19 of the Revised Code, under	1979
division (B) or (C) of section 4511.191 of the Revised Code, or	1980
under section 4510.07 of the Revised Code for a municipal OVI	1981
conviction if the offender is disqualified from operating a	1982
commercial motor vehicle, or whose license or permit has been	1983
suspended, under section 3123.58 or 4506.16 of the Revised Code.	1984

(5) No judge or mayor shall grant limited driving privileges	1985
to an offender whose driver's or commercial driver's license or	1986
permit or nonresident operating privilege has been suspended under	1987
division (G) or (H) of section 4511.19 of the Revised Code, under	1988
division (C) of section 4511.191 of the Revised Code, or under	1989
section 4510.07 of the Revised Code for a conviction of a	1990
violation of a municipal OVI ordinance during any of the following	1991
periods of time:	1992

(a) The first fifteen days of a suspension imposed under	1993
division (G)(1)(a) of section 4511.19 of the Revised Code or a	1994
comparable length suspension imposed under section 4510.07 of the	1995
Revised Code, or of a suspension imposed under division (C)(1)(a)	1996
of section 4511.191 of the Revised Code. On or after the sixteenth	1997
day of the suspension, the court may grant limited driving	1998
privileges, but the court may require that the offender shall not	1999
exercise the privileges unless the vehicles the offender operates	2000
are equipped with immobilizing or disabling devices that monitor	2001
the offender's alcohol consumption or any other type of	2002
immobilizing or disabling devices, except as provided in division	2003
(C) of section 4510.43 of the Revised Code.	2004

(b) The first thirty days of a suspension imposed under	2005
division (G)(1)(b) of section 4511.19 of the Revised Code or a	2006
comparable length suspension imposed under section 4510.07 of the	2007
Revised Code, or of a suspension imposed under division (C)(1)(b)	2008
of section 4511.191 of the Revised Code. On or after the	2009
thirty-first day of suspension, the court may grant limited	2010
driving privileges, but the court may require that the offender	2011
shall not exercise the privileges unless the vehicles the offender	2012
operates are equipped with immobilizing or disabling devices that	2013
monitor the offender's alcohol consumption or any other type of	2014
immobilizing or disabling devices, except as provided in division	2015
(C) of section 4510.43 of the Revised Code.	2016

(c) The first sixty days of a suspension imposed under	2017
division (H) of section 4511.19 of the Revised Code or a	2018
comparable length suspension imposed under section 4510.07 of the	2019
Revised Code.	2020

(d) The first one hundred eighty days of a suspension imposed	2021
under division (G)(1)(c) of section 4511.19 of the Revised Code or	2022
a comparable length suspension imposed under section 4510.07 of	2023
the Revised Code, or of a suspension imposed under division	2024
(C)(1)(c) of section 4511.191 of the Revised Code. The judge may	2025
grant limited driving privileges on or after the one hundred	2026
eighty-first day of the suspension only if the judge, at the time	2027
of granting the privileges, also issues an order prohibiting the	2028
offender, while exercising the privileges during the period	2029
commencing with the one hundred eighty-first day of suspension and	2030
ending with the first year of suspension, from operating any motor	2031
vehicle unless it is equipped with an immobilizing or disabling	2032
device that monitors the offender's alcohol consumption. After the	2033
first year of the suspension, the court may authorize the offender	2034
to continue exercising the privileges in vehicles that are not	2035
equipped with immobilizing or disabling devices that monitor the	2036
offender's alcohol consumption, except as provided in division (C)	2037
of section 4510.43 of the Revised Code. If the offender does not	2038
petition for limited driving privileges until after the first year	2039
of suspension, the judge may grant limited driving privileges	2040
without requiring the use of an immobilizing or disabling device	2041
that monitors the offender's alcohol consumption.	2042

(e) TheSubject to division (A)(3) of this section, the first	2043
three years of a suspension imposed under division (G)(1)(d) or	2044
(e) of section 4511.19 of the Revised Code or a comparable length	2045
suspension imposed under section 4510.07 of the Revised Code, or	2046
of a suspension imposed under division (C)(1)(d) of section	2047
4511.191 of the Revised Code. TheSubject to division (A)(3) of	2048
this section, the judge may grant limited driving privileges after	2049
the first three years of suspension only if the judge, at the time	2050
of granting the privileges, also issues an order prohibiting the	2051
offender from operating any motor vehicle, for the period of	2052
suspension following the first three years of suspension, unless	2053
the motor vehicle is equipped with an immobilizing or disabling	2054
device that monitors the offender's alcohol consumption, except as	2055
provided in division (C) of section 4510.43 of the Revised Code.	2056

(6) No judge or mayor shall grant limited driving privileges	2057
to an offender whose driver's or commercial driver's license or	2058
permit or nonresident operating privilege has been suspended under	2059
division (B) of section 4511.191 of the Revised Code during any of	2060
the following periods of time:	2061

(a) The first thirtysixty days of suspension imposed under	2062
division (B)(1)(a) of section 4511.191 of the Revised Code;	2063

(b) The first ninetyone hundred eighty days of suspension	2064
imposed under division (B)(1)(b) of section 4511.191 of the	2065
Revised Code;	2066

(c) The first year of suspension imposed under division	2067
(B)(1)(c) of section 4511.191 of the Revised Code;	2068

(d) TheSubject to division (A)(3) of this section, the first	2069
three years of suspension imposed under division (B)(1)(d) of	2070
section 4511.191 of the Revised Code.	2071

(7) In any case in which a judge or mayor grants limited	2072
driving privileges to an offender whose driver's or commercial	2073
driver's license or permit or nonresident operating privilege has	2074
been suspended under division (G)(1)(b), (c), (d), or (e) of	2075
section 4511.19 of the Revised Code, under division (G)(1)(a) of	2076
section 4511.19 of the Revised Code for a violation of division	2077
(A)(1)(f), (g), (h), or (i) of that section, or under section	2078
4510.07 of the Revised Code for a municipal OVI conviction for	2079
which sentence would have been imposed under division	2080
(G)(1)(a)(ii) or (G)(1)(b), (c), (d), or (e) of section 4511.19 of	2081
the Revised Code had the offender been charged with and convicted	2082
of a violation of section 4511.19 of the Revised Code instead of a	2083
violation of the municipal OVI ordinance, the judge or mayor shall	2084
impose as a condition of the privileges that the offender must	2085
display on the vehicle that is driven subject to the privileges	2086
restricted license plates that are issued under section 4503.231	2087
of the Revised Code, except as provided in division (B) of that	2088
section.	2089

(B) Any person whose driver's or commercial driver's license	2090
or permit or nonresident operating privilege has been suspended	2091
pursuant to section 4511.19 or 4511.191 of the Revised Code or	2092
under section 4510.07 of the Revised Code for a violation of a	2093
municipal OVI ordinance may file a petition for limited driving	2094
privileges during the suspension. The person shall file the	2095
petition in the court that has jurisdiction over the place of	2096
arrest. Subject to division (A) of this section, the court may	2097
grant the person limited driving privileges during the period	2098
during which the suspension otherwise would be imposed. However,	2099
the court shall not grant the privileges for employment as a	2100
driver of a commercial motor vehicle to any person who is	2101
disqualified from operating a commercial motor vehicle under	2102
section 4506.16 of the Revised Code or during any of the periods	2103
prescribed by division (A) of this section.	2104

(C)(1) After a driver's or commercial driver's license or	2105
permit or nonresident operating privilege has been suspended	2106
pursuant to section 2903.06, 2903.08, 2907.24, 2921.331, 4511.19,	2107
4511.251, 4549.02, 4549.021, or 5743.99 of the Revised Code, any	2108
provision of Chapter 2925. of the Revised Code, or section 4510.07	2109
of the Revised Code for a violation of a municipal OVI ordinance,	2110
the judge of the court or mayor of the mayor's court that	2111
suspended the license, permit, or privilege shall cause the	2112
offender to deliver to the court the license or permit. The judge,	2113
mayor, or clerk of the court or mayor's court shall forward to the	2114
registrar the license or permit together with notice of the action	2115
of the court.	2116

(2) A suspension of a commercial driver's license under any	2117
section or chapter identified in division (C)(1) of this section	2118
shall be concurrent with any period of suspension or	2119
disqualification under section 3123.58 or 4506.16 of the Revised	2120
Code. No person who is disqualified for life from holding a	2121
commercial driver's license under section 4506.16 of the Revised	2122
Code shall be issued a driver's license under this chapter during	2123
the period for which the commercial driver's license was suspended	2124
under this section, and no person whose commercial driver's	2125
license is suspended under any section or chapter identified in	2126
division (C)(1) of this section shall be issued a driver's license	2127
under Chapter 4507. of the Revised Code during the period of the	2128
suspension.	2129

(3) No judge or mayor shall suspend any class one suspension,	2130
or any portion of any class one suspension, required by section	2131
2903.04 or 2903.06 of the Revised Code. No judge or mayor shall	2132
suspend the first thirty days of any class two, class three, class	2133
four, class five, or class six suspension imposed under section	2134
2903.06 or 2903.08 of the Revised Code.	2135

(D) The judge of the court or mayor of the mayor's court	2136
shall credit any time during which an offender was subject to an	2137
administrative suspension of the offender's driver's or commercial	2138
driver's license or permit or nonresident operating privilege	2139
imposed pursuant to section 4511.191 or 4511.192 of the Revised	2140
Code or a suspension imposed by a judge, referee, or mayor	2141
pursuant to division (B)(1) or (2) of section 4511.196 of the	2142
Revised Code against the time to be served under a related	2143
suspension imposed pursuant to any section or chapter identified	2144
in division (C)(1) of this chaptersection.	2145

(E) The judge or mayor shall notify the bureau of motor	2146
vehicles of any determinations made pursuant to this section and	2147
of any suspension imposed pursuant to any section or chapter	2148
identified in division (C)(1) of this section.	2149

(F)(1) If a court issues an immobilizing or disabling device	2150
order under section 4510.43 of the Revised Code, the order shall	2151
authorize the offender during the specified period to operate a	2152
motor vehicle only if it is equipped with an immobilizing or	2153
disabling device, except as provided in division (C) of that	2154
section. The court shall provide the offender with a copy of an	2155
immobilizing or disabling device order issued under section	2156
4510.43 of the Revised Code, and the offender shall use the copy	2157
of the order in lieu of an Ohio driver's or commercial driver's	2158
license or permit until the registrar or a deputy registrar issues	2159
the offender a restricted license.	2160

An order issued under section 4510.43 of the Revised Code	2161
does not authorize or permit the offender to whom it has been	2162
issued to operate a vehicle during any time that the offender's	2163
driver's or commercial driver's license or permit is suspended	2164
under any other provision of law.	2165

(2) An offender may present an immobilizing or disabling	2166
device order to the registrar or to a deputy registrar. Upon	2167
presentation of the order to the registrar or a deputy registrar,	2168
the registrar or deputy registrar shall issue the offender a	2169
restricted license. A restricted license issued under this	2170
division shall be identical to an Ohio driver's license, except	2171
that it shall have printed on its face a statement that the	2172
offender is prohibited during the period specified in the court	2173
order from operating any motor vehicle that is not equipped with	2174
an immobilizing or disabling device. The date of commencement and	2175
the date of termination of the period of suspension shall be	2176
indicated conspicuously upon the face of the license.	2177

Sec. 4510.14.  (A) No person whose driver's or commercial	2178
driver's license or permit or nonresident operating privilege has	2179
been suspended under section 4511.19, 4511.191, or 4511.196 of the	2180
Revised Code or under section 4510.07 of the Revised Code for a	2181
conviction of a violation of a municipal OVI ordinance shall	2182
operate any motor vehicle upon the public roads or highways within	2183
this state during the period of the suspension.	2184

(B) Whoever violates this section is guilty of driving under	2185
OVI suspension. The court shall sentence the offender under	2186
Chapter 2929. of the Revised Code, subject to the differences	2187
authorized or required by this section.	2188

(1) Except as otherwise provided in division (B)(2) or (3) of	2189
this section, driving under OVI suspension is a misdemeanor of the	2190
first degree. The court shall sentence the offender to all of the	2191
following:	2192

(a) A mandatory jail term of three consecutive days. The	2193
three-day term shall be imposed, unless, subject to division (C)	2194
of this section, the court instead imposes a sentence of not less	2195
than thirty consecutive days of house arrest with electronic	2196
monitoring. A period of house arrest with electronic monitoring	2197
imposed under this division shall not exceed six months. If the	2198
court imposes a mandatory three-day jail term under this division,	2199
the court may impose a jail term in addition to that term,	2200
provided that in no case shall the cumulative jail term imposed	2201
for the offense exceed six months.	2202

(b) A fine of not less than two hundred fifty and not more	2203
than one thousand dollars;	2204

(c) A license suspension under division (E) of this section;

2205

(d) If the vehicle the offender was operating at the time of	2206
the offense is registered in the offender's name, immobilization	2207
for thirty days of the offender's vehicle and impoundment for	2208
thirty days of the identification license plates of that vehicle.	2209
The order for immobilization and impoundment shall be issued and	2210
enforced in accordance with section 4503.233 of the Revised Code.	2211

(2) If, within sixtwenty years of the offense, the offender	2212
previously has been convicted of or pleaded guilty to one	2213
violation of this section or one equivalent offense, driving under	2214
OVI suspension is a misdemeanor of the first degree. The court	2215
shall sentence the offender to all of the following:	2216

(a) A mandatory jail term of ten consecutive days.	2217
Notwithstanding the jail terms provided in sections 2929.21 to	2218
2929.28 of the Revised Code, the court may sentence the offender	2219
to a longer jail term of not more than one year. The ten-day	2220
mandatory jail term shall be imposed unless, subject to division	2221
(C) of this section, the court instead imposes a sentence of not	2222
less than ninety consecutive days of house arrest with electronic	2223
monitoring. The period of house arrest with electronic monitoring	2224
shall not exceed one year.	2225

(b) Notwithstanding the fines provided for in Chapter 2929.	2226
of the Revised Code, a fine of not less than five hundred and not	2227
more than two thousand five hundred dollars;	2228

(c) A license suspension under division (E) of this section;

2229

(d) If the vehicle the offender was operating at the time of	2230
the offense is registered in the offender's name, immobilization	2231
of the offender's vehicle for sixty days and the impoundment for	2232
sixty days of the identification license plates of that vehicle.	2233
The order for immobilization and impoundment shall be issued and	2234
enforced in accordance with section 4503.233 of the Revised Code.	2235

(3) If, within sixtwenty years of the offense, the offender	2236
previously has been convicted of or pleaded guilty to two or more	2237
violations of this section or two or more equivalent offenses,	2238
driving under OVI suspension is a misdemeanor. The court shall	2239
sentence the offender to all of the following:	2240

(a) A mandatory jail term of thirty consecutive days.	2241
Notwithstanding the jail terms provided in sections 2929.21 to	2242
2929.28 of the Revised Code, the court may sentence the offender	2243
to a longer jail term of not more than one year. The court shall	2244
not sentence the offender to a term of house arrest with	2245
electronic monitoring in lieu of the mandatory portion of the jail	2246
term.	2247

(b) Notwithstanding the fines set forth in Chapter 2929. of	2248
the Revised Code, a fine of not less than five hundred and not	2249
more than two thousand five hundred dollars;	2250

(c) A license suspension under division (E) of this section;

2251

(d) If the vehicle the offender was operating at the time of	2252
the offense is registered in the offender's name, criminal	2253
forfeiture to the state of the offender's vehicle. The order of	2254
criminal forfeiture shall be issued and enforced in accordance	2255
with section 4503.234 of the Revised Code. If title to a motor	2256
vehicle that is subject to an order for criminal forfeiture under	2257
this division is assigned or transferred and division (B)(2) or	2258
(3) of section 4503.234 of the Revised Code applies, the court may	2259
fine the offender the value of the vehicle as determined by	2260
publications of the national auto dealer's association. The	2261
proceeds from any fine so imposed shall be distributed in	2262
accordance with division (C)(2) of section 4503.234 of the Revised	2263
Code.	2264

(C) No court shall impose an alternative sentence of house	2265
arrest with electronic monitoring under division (B)(1) or (2) of	2266
this section unless, within sixty days of the date of sentencing,	2267
the court issues a written finding on the record that, due to the	2268
unavailability of space at the jail where the offender is required	2269
to serve the jail term imposed, the offender will not be able to	2270
begin serving that term within the sixty-day period following the	2271
date of sentencing.	2272

An offender sentenced under this section to a period of house	2273
arrest with electronic monitoring shall be permitted work release	2274
during that period.	2275

(D) Fifty per cent of any fine imposed by a court under	2276
division (B)(1), (2), or (3) of this section shall be deposited	2277
into the county indigent drivers alcohol treatment fund or	2278
municipal indigent drivers alcohol treatment fund under the	2279
control of that court, as created by the county or municipal	2280
corporation pursuant to division (H) of section 4511.191 of the	2281
Revised Code.	2282

(E) In addition to or independent of all other penalties	2283
provided by law or ordinance, the trial judge of any court of	2284
record or the mayor of a mayor's court shall impose on an offender	2285
who is convicted of or pleads guilty to a violation of this	2286
section a class seven suspension of the offender's driver's or	2287
commercial driver's license or permit or nonresident operating	2288
privilege from the range specified in division (A)(7) of section	2289
4510.02 of the Revised Code.	2290

When permitted as specified in section 4510.021 of the	2291
Revised Code, if the court grants limited driving privileges	2292
during a suspension imposed under this section, the privileges	2293
shall be granted on the additional condition that the offender	2294
must display restricted license plates, issued under section	2295
4503.231 of the Revised Code, on the vehicle driven subject to the	2296
privileges, except as provided in division (B) of that section.	2297

A suspension of a commercial driver's license under this	2298
section shall be concurrent with any period of suspension or	2299
disqualification under section 3123.58 or 4506.16 of the Revised	2300
Code. No person who is disqualified for life from holding a	2301
commercial driver's license under section 4506.16 of the Revised	2302
Code shall be issued a driver's license under Chapter 4507. of the	2303
Revised Code during the period for which the commercial driver's	2304
license was suspended under this section, and no person whose	2305
commercial driver's license is suspended under this section shall	2306
be issued a driver's license under Chapter 4507. of the Revised	2307
Code during the period of the suspension.	2308

(F) As used in this section:

2309

(1) "Electronic monitoring" has the same meaning as in	2310
section 2929.01 of the Revised Code.	2311

(2) "Equivalent offense" means any of the following:

2312

(a) A violation of a municipal ordinance, law of another	2313
state, or law of the United States that is substantially	2314
equivalent to division (A) of this section;	2315

(b) A violation of a former law of this state that was	2316
substantially equivalent to division (A) of this section.	2317

(3) "Jail" has the same meaning as in section 2929.01 of the	2318
Revised Code.	2319

(4) "Mandatory jail term" means the mandatory term in jail of	2320
three, ten, or thirty consecutive days that must be imposed under	2321
division (B)(1), (2), or (3) of this section upon an offender	2322
convicted of a violation of division (A) of this section and in	2323
relation to which all of the following apply:	2324

(a) Except as specifically authorized under this section, the	2325
term must be served in a jail.	2326

(b) Except as specifically authorized under this section, the	2327
term cannot be suspended, reduced, or otherwise modified pursuant	2328
to any provision of the Revised Code.	2329

Sec. 4510.17.  (A) The registrar of motor vehicles shall	2330
impose a class D suspension of the person's driver's license,	2331
commercial driver's license, temporary instruction permit,	2332
probationary license, or nonresident operating privilege for the	2333
period of time specified in division (B)(4) of section 4510.02 of	2334
the Revised Code on any person who is a resident of this state and	2335
is convicted of or pleads guilty to a violation of a statute of	2336
any other state or any federal statute that is substantially	2337
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05,	2338
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.22, 2925.23,	2339
2925.31, 2925.32, 2925.36, or 2925.37 of the Revised Code. Upon	2340
receipt of a report from a court, court clerk, or other official	2341
of any other state or from any federal authority that a resident	2342
of this state was convicted of or pleaded guilty to an offense	2343
described in this division, the registrar shall send a notice by	2344
regular first class mail to the person, at the person's last known	2345
address as shown in the records of the bureau of motor vehicles,	2346
informing the person of the suspension, that the suspension will	2347
take effect twenty-one days from the date of the notice, and that,	2348
if the person wishes to appeal the suspension or denial, the	2349
person must file a notice of appeal within twenty-one days of the	2350
date of the notice requesting a hearing on the matter. If the	2351
person requests a hearing, the registrar shall hold the hearing	2352
not more than forty days after receipt by the registrar of the	2353
notice of appeal. The filing of a notice of appeal does not stay	2354
the operation of the suspension that must be imposed pursuant to	2355
this division. The scope of the hearing shall be limited to	2356
whether the person actually was convicted of or pleaded guilty to	2357
the offense for which the suspension is to be imposed.	2358

The suspension the registrar is required to impose under this	2359
division shall end either on the last day of the class D	2360
suspension period or of the suspension of the person's nonresident	2361
operating privilege imposed by the state or federal court,	2362
whichever is earlier.	2363

The registrar shall subscribe to or otherwise participate in	2364
any information system or register, or enter into reciprocal and	2365
mutual agreements with other states and federal authorities, in	2366
order to facilitate the exchange of information with other states	2367
and the United States government regarding persons who plead	2368
guilty to or are convicted of offenses described in this division	2369
and therefore are subject to the suspension or denial described in	2370
this division.	2371

(B) The registrar shall impose a class D suspension of the	2372
person's driver's license, commercial driver's license, temporary	2373
instruction permit, probationary license, or nonresident operating	2374
privilege for the period of time specified in division (B)(4) of	2375
section 4510.02 of the Revised Code on any person who is a	2376
resident of this state and is convicted of or pleads guilty to a	2377
violation of a statute of any other state or a municipal ordinance	2378
of a municipal corporation located in any other state that is	2379
substantially similar to section 4511.19 of the Revised Code. Upon	2380
receipt of a report from another state made pursuant to section	2381
4510.61 of the Revised Code indicating that a resident of this	2382
state was convicted of or pleaded guilty to an offense described	2383
in this division, the registrar shall send a notice by regular	2384
first class mail to the person, at the person's last known address	2385
as shown in the records of the bureau of motor vehicles, informing	2386
the person of the suspension, that the suspension or denial will	2387
take effect twenty-one days from the date of the notice, and that,	2388
if the person wishes to appeal the suspension, the person must	2389
file a notice of appeal within twenty-one days of the date of the	2390
notice requesting a hearing on the matter. If the person requests	2391
a hearing, the registrar shall hold the hearing not more than	2392
forty days after receipt by the registrar of the notice of appeal.	2393
The filing of a notice of appeal does not stay the operation of	2394
the suspension that must be imposed pursuant to this division. The	2395
scope of the hearing shall be limited to whether the person	2396
actually was convicted of or pleaded guilty to the offense for	2397
which the suspension is to be imposed.	2398

The suspension the registrar is required to impose under this	2399
division shall end either on the last day of the class D	2400
suspension period or of the suspension of the person's nonresident	2401
operating privilege imposed by the state or federal court,	2402
whichever is earlier.	2403

(C) The registrar shall impose a class D suspension of the	2404
child's driver's license, commercial driver's license, temporary	2405
instruction permit, or nonresident operating privilege for the	2406
period of time specified in division (B)(4) of section 4510.02 of	2407
the Revised Code on any child who is a resident of this state and	2408
is convicted of or pleads guilty to a violation of a statute of	2409
any other state or any federal statute that is substantially	2410
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05,	2411
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.22, 2925.23,	2412
2925.31, 2925.32, 2925.36, or 2925.37 of the Revised Code. Upon	2413
receipt of a report from a court, court clerk, or other official	2414
of any other state or from any federal authority that a child who	2415
is a resident of this state was convicted of or pleaded guilty to	2416
an offense described in this division, the registrar shall send a	2417
notice by regular first class mail to the child, at the child's	2418
last known address as shown in the records of the bureau of motor	2419
vehicles, informing the child of the suspension, that the	2420
suspension or denial will take effect twenty-one days from the	2421
date of the notice, and that, if the child wishes to appeal the	2422
suspension, the child must file a notice of appeal within	2423
twenty-one days of the date of the notice requesting a hearing on	2424
the matter. If the child requests a hearing, the registrar shall	2425
hold the hearing not more than forty days after receipt by the	2426
registrar of the notice of appeal. The filing of a notice of	2427
appeal does not stay the operation of the suspension that must be	2428
imposed pursuant to this division. The scope of the hearing shall	2429
be limited to whether the child actually was convicted of or	2430
pleaded guilty to the offense for which the suspension is to be	2431
imposed.	2432

The suspension the registrar is required to impose under this	2433
division shall end either on the last day of the class D	2434
suspension period or of the suspension of the child's nonresident	2435
operating privilege imposed by the state or federal court,	2436
whichever is earlier. If the child is a resident of this state who	2437
is sixteen years of age or older and does not have a current,	2438
valid Ohio driver's or commercial driver's license or permit, the	2439
notice shall inform the child that the child will be denied	2440
issuance of a driver's or commercial driver's license or permit	2441
for six months beginning on the date of the notice. If the child	2442
has not attained the age of sixteen years on the date of the	2443
notice, the notice shall inform the child that the period of	2444
denial of six months shall commence on the date the child attains	2445
the age of sixteen years.	2446

The registrar shall subscribe to or otherwise participate in	2447
any information system or register, or enter into reciprocal and	2448
mutual agreements with other states and federal authorities, in	2449
order to facilitate the exchange of information with other states	2450
and the United States government regarding children who are	2451
residents of this state and plead guilty to or are convicted of	2452
offenses described in this division and therefore are subject to	2453
the suspension or denial described in this division.	2454

(D) The registrar shall impose a class D suspension of the	2455
child's driver's license, commercial driver's license, temporary	2456
instruction permit, probationary license, or nonresident operating	2457
privilege for the period of time specified in division (B)(4) of	2458
section 4510.02 of the Revised Code on any child who is a resident	2459
of this state and is convicted of or pleads guilty to a violation	2460
of a statute of any other state or a municipal ordinance of a	2461
municipal corporation located in any other state that is	2462
substantially similar to section 4511.19 of the Revised Code. Upon	2463
receipt of a report from another state made pursuant to section	2464
4510.61 of the Revised Code indicating that a child who is a	2465
resident of this state was convicted of or pleaded guilty to an	2466
offense described in this division, the registrar shall send a	2467
notice by regular first class mail to the child, at the child's	2468
last known address as shown in the records of the bureau of motor	2469
vehicles, informing the child of the suspension, that the	2470
suspension will take effect twenty-one days from the date of the	2471
notice, and that, if the child wishes to appeal the suspension,	2472
the child must file a notice of appeal within twenty-one days of	2473
the date of the notice requesting a hearing on the matter. If the	2474
child requests a hearing, the registrar shall hold the hearing not	2475
more than forty days after receipt by the registrar of the notice	2476
of appeal. The filing of a notice of appeal does not stay the	2477
operation of the suspension that must be imposed pursuant to this	2478
division. The scope of the hearing shall be limited to whether the	2479
child actually was convicted of or pleaded guilty to the offense	2480
for which the suspension is to be imposed.	2481

The suspension the registrar is required to impose under this	2482
division shall end either on the last day of the class D	2483
suspension period or of the suspension of the child's nonresident	2484
operating privilege imposed by the state or federal court,	2485
whichever is earlier. If the child is a resident of this state who	2486
is sixteen years of age or older and does not have a current,	2487
valid Ohio driver's or commercial driver's license or permit, the	2488
notice shall inform the child that the child will be denied	2489
issuance of a driver's or commercial driver's license or permit	2490
for six months beginning on the date of the notice. If the child	2491
has not attained the age of sixteen years on the date of the	2492
notice, the notice shall inform the child that the period of	2493
denial of six months shall commence on the date the child attains	2494
the age of sixteen years.	2495

(E) Any person whose license or permit has been suspended	2496
pursuant to this section may file a petition in the municipal or	2497
county court, or in case the person is under eighteen years of	2498
age, the juvenile court, in whose jurisdiction the person resides,	2499
agreeing to pay the cost of the proceedings and alleging that the	2500
suspension would seriously affect the person's ability to continue	2501
the person's employment. Upon satisfactory proof that there is	2502
reasonable cause to believe that the suspension would seriously	2503
affect the person's ability to continue the person's employment,	2504
the judge may grant the person limited driving privileges during	2505
the period during which the suspension otherwise would be imposed,	2506
except that the judge shall not grant limited driving privileges	2507
for employment as a driver of a commercial motor vehicle to any	2508
person who would be disqualified from operating a commercial motor	2509
vehicle under section 4506.16 of the Revised Code if the violation	2510
had occurred in this state, or during any of the following periods	2511
of time:	2512

(1) The first fifteen days of a suspension under division (B)	2513
or (D) of this section, if the person has not been convicted	2514
within sixtwenty years of the date of the offense giving rise to	2515
the suspension under this section of a violation of any of the	2516
following:	2517

(a) Section 4511.19 of the Revised Code, or a municipal	2518
ordinance relating to operating a vehicle while under the	2519
influence of alcohol, a drug of abuse, or alcohol and a drug of	2520
abuse;	2521

(b) A municipal ordinance relating to operating a motor	2522
vehicle with a prohibited concentration of alcohol in the blood,	2523
breath, or urine;	2524

(c) Section 2903.04 of the Revised Code in a case in which	2525
the person was subject to the sanctions described in division (D)	2526
of that section;	2527

(d) Division (A)(1) of section 2903.06 or division (A)(1) of	2528
section 2903.08 of the Revised Code or a municipal ordinance that	2529
is substantially similar to either of those divisions;	2530

(e) Division (A)(2), (3), or (4) of section 2903.06, division	2531
(A)(2) of section 2903.08, or as it existed prior to March 23,	2532
2000, section 2903.07 of the Revised Code, or a municipal	2533
ordinance that is substantially similar to any of those divisions	2534
or that former section, in a case in which the jury or judge found	2535
that the person was under the influence of alcohol, a drug of	2536
abuse, or alcohol and a drug of abuse.	2537

(2) The first thirty days of a suspension under division (B)	2538
or (D) of this section, if the person has been convicted one time	2539
within sixtwenty years of the date of the offense giving rise to	2540
the suspension under this section of any violation identified in	2541
division (E)(1) of this section.	2542

(3) The first one hundred eighty days of a suspension under	2543
division (B) or (D) of this section, if the person has been	2544
convicted two times within sixtwenty years of the date of the	2545
offense giving rise to the suspension under this section of any	2546
violation identified in division (E)(1) of this section.	2547

(4) No limited driving privileges may be granted if the	2548
person has been convicted three or more times within fivetwenty	2549
years of the date of the offense giving rise to a suspension under	2550
division (B) or (D) of this section of any violation identified in	2551
division (E)(1) of this section.	2552

If a person petitions for limited driving privileges under	2553
division (E) of this section, the registrar shall be represented	2554
by the county prosecutor of the county in which the person resides	2555
if the petition is filed in a juvenile court or county court,	2556
except that if the person resides within a city or village that is	2557
located within the jurisdiction of the county in which the	2558
petition is filed, the city director of law or village solicitor	2559
of that city or village shall represent the registrar. If the	2560
petition is filed in a municipal court, the registrar shall be	2561
represented as provided in section 1901.34 of the Revised Code.	2562

In granting limited driving privileges under division (E) of	2563
this section, the court may impose any condition it considers	2564
reasonable and necessary to limit the use of a vehicle by the	2565
person. The court shall deliver to the person a permit card, in a	2566
form to be prescribed by the court, setting forth the time, place,	2567
and other conditions limiting the person's use of a motor vehicle.	2568
The grant of limited driving privileges shall be conditioned upon	2569
the person's having the permit in the person's possession at all	2570
times during which the person is operating a vehicle.	2571

A person granted limited driving privileges who operates a	2572
vehicle for other than limited purposes, in violation of any	2573
condition imposed by the court or without having the permit in the	2574
person's possession, is guilty of a violation of section 4510.11	2575
of the Revised Code.	2576

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

2577

(1) "Child" means a person who is under the age of eighteen	2578
years, except that any person who violates a statute or ordinance	2579
described in division (C) or (D) of this section prior to	2580
attaining eighteen years of age shall be deemed a "child"	2581
irrespective of the person's age at the time the complaint or	2582
other equivalent document is filed in the other state or a	2583
hearing, trial, or other proceeding is held in the other state on	2584
the complaint or other equivalent document, and irrespective of	2585
the person's age when the period of license suspension or denial	2586
prescribed in division (C) or (D) of this section is imposed.	2587

(2) "Is convicted of or pleads guilty to" means, as it	2588
relates to a child who is a resident of this state, that in a	2589
proceeding conducted in a state or federal court located in	2590
another state for a violation of a statute or ordinance described	2591
in division (C) or (D) of this section, the result of the	2592
proceeding is any of the following:	2593

(a) Under the laws that govern the proceedings of the court,	2594
the child is adjudicated to be or admits to being a delinquent	2595
child or a juvenile traffic offender for a violation described in	2596
division (C) or (D) of this section that would be a crime if	2597
committed by an adult;	2598

(b) Under the laws that govern the proceedings of the court,	2599
the child is convicted of or pleads guilty to a violation	2600
described in division (C) or (D) of this section;	2601

(c) Under the laws that govern the proceedings of the court,	2602
irrespective of the terminology utilized in those laws, the result	2603
of the court's proceedings is the functional equivalent of	2604
division (F)(2)(a) or (b) of this section.	2605

Sec. 4510.31.  (A)(1) Except as provided in division (C) of	2606
this section, the registrar of motor vehicles shall suspend the	2607
probationary driver's license, restricted license, or temporary	2608
instruction permit issued to any person when the person has been	2609
convicted of, pleaded guilty to, or been adjudicated in juvenile	2610
court of having committed, prior to the person's eighteenth	2611
birthday, any of the following:	2612

(a) Three separate violations of section 2903.06, 2903.08,	2613
2921.331, 4511.12, 4511.13, 4511.15, 4511.191, 4511.20, 4511.201,	2614
4511.202, 4511.21, 4511.22, 4511.23, 4511.25 to 4511.48, 4511.57	2615
to 4511.65, 4511.75, 4549.02, 4549.021, or 4549.03 of the Revised	2616
Code, section 4510.14 of the Revised Code involving a suspension	2617
imposed under section 4511.191 or 4511.196 of the Revised Code,	2618
section 2903.04 of the Revised Code in a case in which the person	2619
would have been subject to the sanctions described in division (D)	2620
of that section had the person been convicted of the violation of	2621
that section, former section 2903.07 of the Revised Code, or any	2622
municipal ordinances similarly relating to the offenses referred	2623
to in those sections;	2624

(b) One violation of section 4511.19 of the Revised Code or a	2625
substantially similar municipal ordinance;	2626

(c) Two separate violations of any of the Revised Code	2627
sections referred to in division (A)(1)(a) of this section, or any	2628
municipal ordinance that is substantially similar to any of those	2629
sections.	2630

(2) Any person whose license or permit is suspended under	2631
division (A)(1)(a), (b), or (c) of this section shall mail or	2632
deliver the person's probationary driver's license, restricted	2633
license, or temporary instruction permit to the registrar within	2634
fourteen days of notification of the suspension. The registrar	2635
shall retain the license or permit during the period of the	2636
suspension. A suspension pursuant to division (A)(1)(a) of this	2637
section shall be a class C suspension, a suspension pursuant to	2638
division (A)(1)(b) of this section shall be a class D suspension,	2639
and a suspension pursuant to division (A)(1)(c) of this section	2640
shall be a class E suspension, all for the periods of time	2641
specified in division (B) of section 4510.02 of the Revised Code.	2642
If the person's probationary driver's license, restricted license,	2643
or temporary instruction permit is under suspension on the date	2644
the court imposes sentence upon the person for a violation	2645
described in division (A)(1)(b) of this section, the suspension	2646
shall take effect on the next day immediately following the end of	2647
that period of suspension. If the person is sixteen years of age	2648
or older and pleads guilty to or is convicted of a violation	2649
described in division (A)(1)(b) of this section and the person	2650
does not have a current, valid probationary driver's license,	2651
restricted license, or temporary instruction permit, the registrar	2652
shall deny the issuance to the person of a probationary driver's	2653
license, restricted license, driver's license, commercial driver's	2654
license, or temporary instruction permit, as the case may be, for	2655
six months beginning on the date the court imposes sentence upon	2656
the person for the violation. If the person has not attained the	2657
age of sixteen years on the date the court imposes sentence upon	2658
the person for the violation, the period of denial shall commence	2659
on the date the person attains the age of sixteen years.	2660

(3) The registrar shall suspend the person's license or	2661
permit under division (A) of this section regardless of whether	2662
the disposition of the case in juvenile court occurred after the	2663
person's eighteenth birthday.	2664

(B) The registrar also shall impose a class D suspension for	2665
the period of time specified in division (B)(4) of section 4510.02	2666
of the Revised Code of the temporary instruction permit or	2667
probationary driver's license of any person under the age of	2668
eighteen who has been adjudicated an unruly child, delinquent	2669
child, or juvenile traffic offender for having committed any act	2670
that if committed by an adult would be a drug abuse offense or a	2671
violation of division (B) of section 2917.11 of the Revised Code.	2672
The registrar, in the registrar's discretion, may terminate the	2673
suspension if the child, at the discretion of the court, attends	2674
and satisfactorily completes a drug abuse or alcohol abuse	2675
education, intervention, or treatment program specified by the	2676
court. Any person whose temporary instruction permit or	2677
probationary driver's license is suspended under this division	2678
shall mail or deliver the person's permit or license to the	2679
registrar within fourteen days of notification of the suspension.	2680
The registrar shall retain the permit or license during the period	2681
of the suspension.	2682

(C)(1) Except as provided in division (C)(3) of this section,	2683
for any person who is convicted of, pleads guilty to, or is	2684
adjudicated in juvenile court of having committed a second or	2685
third violation of section 4511.12, 4511.13, 4511.15, 4511.20 to	2686
4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or	2687
4511.75 of the Revised Code or any similar municipal ordinances	2688
and whose license or permit is suspended under division (A)(1)(a)	2689
or (c) of this section, the court in which the second or third	2690
conviction, finding, plea, or adjudication resulting in the	2691
suspension was made, upon petition of the person, may grant the	2692
person limited driving privileges during the period during which	2693
the suspension otherwise would be imposed under division (A)(1)(a)	2694
or (c) of this section if the court finds reasonable cause to	2695
believe that the suspension will seriously affect the person's	2696
ability to continue in employment, educational training,	2697
vocational training, or treatment. In granting the limited driving	2698
privileges, the court shall specify the purposes, times, and	2699
places of the privileges and may impose any other conditions upon	2700
the person's driving a motor vehicle that the court considers	2701
reasonable and necessary.	2702

A court that grants limited driving privileges to a person	2703
under this division shall retain the person's probationary	2704
driver's license, restricted license, or temporary instruction	2705
permit during the period the license or permit is suspended and	2706
also during the period for which limited driving privileges are	2707
granted, and shall deliver to the person a permit card, in a form	2708
to be prescribed by the court, setting forth the date on which the	2709
limited driving privileges will become effective, the purposes for	2710
which the person may drive, the times and places at which the	2711
person may drive, and any other conditions imposed upon the	2712
person's use of a motor vehicle.	2713

The court immediately shall notify the registrar, in writing,	2714
of a grant of limited driving privileges under this division. The	2715
notification shall specify the date on which the limited driving	2716
privileges will become effective, the purposes for which the	2717
person may drive, the times and places at which the person may	2718
drive, and any other conditions imposed upon the person's use of a	2719
motor vehicle. The registrar shall not suspend the probationary	2720
driver's license, restricted license, or temporary instruction	2721
permit of any person pursuant to division (A) of this section	2722
during any period for which the person has been granted limited	2723
driving privileges as provided in this division, if the registrar	2724
has received the notification described in this division from the	2725
court.	2726

(2) Except as provided in division (C)(3) of this section, in	2727
any case in which the temporary instruction permit or probationary	2728
driver's license of a person under eighteen years of age has been	2729
suspended under division (A) or (B) of this section or any other	2730
provision of law, the court may grant the person limited driving	2731
privileges for the purpose of the person's practicing of driving	2732
with the person's parent, guardian, or other custodian during the	2733
period of the suspension. Any grant of limited driving privileges	2734
under this division shall comply with division (D) of section	2735
4510.021 of the Revised Code.	2736

(3) A court shall not grant limited driving privileges to a	2737
person identified in division (C)(1) or (2) of this section if the	2738
person, within the preceding six years,previously has been	2739
convicted of, pleaded guilty to, or adjudicated in juvenile court	2740
of having committed three or more violations of one or more of the	2741
divisions or sections set forth in divisionsdivision (G)(2)(b) to	2742
(g) of section 2919.22 of the Revised Code.	2743

(D) If a person who has been granted limited driving	2744
privileges under division (C) of this section is convicted of,	2745
pleads guilty to, or is adjudicated in juvenile court of having	2746
committed, a violation of Chapter 4510. of the Revised Code, or a	2747
subsequent violation of any of the sections of the Revised Code	2748
listed in division (A)(1)(a) of this section or any similar	2749
municipal ordinance during the period for which the person was	2750
granted limited driving privileges, the court that granted the	2751
limited driving privileges shall suspend the person's permit card.	2752
The court or the clerk of the court immediately shall forward the	2753
person's probationary driver's license, restricted license, or	2754
temporary instruction permit together with written notification of	2755
the court's action to the registrar. Upon receipt of the license	2756
or permit and notification, the registrar shall impose a class C	2757
suspension of the person's probationary driver's license,	2758
restricted license, or temporary instruction permit for the period	2759
of time specified in division (B)(3) of section 4510.02 of the	2760
Revised Code. The registrar shall retain the license or permit	2761
during the period of suspension, and no further limited driving	2762
privileges shall be granted during that period.	2763

(E) No application for a driver's or commercial driver's	2764
license shall be received from any person whose probationary	2765
driver's license, restricted license, or temporary instruction	2766
permit has been suspended under this section until each of the	2767
following has occurred:	2768

(1) The suspension period has expired;

2769

(2) A temporary instruction permit or commercial driver's	2770
license temporary instruction permit has been issued;	2771

(3) The person successfully completes a juvenile driver	2772
improvement program approved by the registrar under section	2773
4510.311 of the Revised Code;	2774

(4) The applicant has submitted to the examination for a	2775
driver's license as provided for in section 4507.11 or a	2776
commercial driver's license as provided in Chapter 4506. of the	2777
Revised Code.	2778

Sec. 4511.19.  (A)(1) No person shall operate any vehicle,	2779
streetcar, or trackless trolley within this state, if, at the time	2780
of the operation, any of the following apply:	2781

(a) The person is under the influence of alcohol, a drug of	2782
abuse, or a combination of them.	2783

(b) The person has a concentration of eight-hundredths of one	2784
per cent or more but less than seventeen-hundredths of one per	2785
cent by weight per unit volume of alcohol in the person's whole	2786
blood.	2787

(c) The person has a concentration of ninety-six-thousandths	2788
of one per cent or more but less than two hundred four-thousandths	2789
of one per cent by weight per unit volume of alcohol in the	2790
person's blood serum or plasma.	2791

(d) The person has a concentration of eight-hundredths of one	2792
gram or more but less than seventeen-hundredths of one gram by	2793
weight of alcohol per two hundred ten liters of the person's	2794
breath.	2795

(e) The person has a concentration of eleven-hundredths of	2796
one gram or more but less than two hundred	2797
thirty-eight-thousandths of one gram by weight of alcohol per one	2798
hundred milliliters of the person's urine.	2799

(f) The person has a concentration of seventeen-hundredths of	2800
one per cent or more by weight per unit volume of alcohol in the	2801
person's whole blood.	2802

(g) The person has a concentration of two hundred	2803
four-thousandths of one per cent or more by weight per unit volume	2804
of alcohol in the person's blood serum or plasma.	2805

(h) The person has a concentration of seventeen-hundredths of	2806
one gram or more by weight of alcohol per two hundred ten liters	2807
of the person's breath.	2808

(i) The person has a concentration of two hundred	2809
thirty-eight-thousandths of one gram or more by weight of alcohol	2810
per one hundred milliliters of the person's urine.	2811

(2) No person who, within twenty years of the conduct	2812
described in division (A)(2)(a) of this section, previously has	2813
been convicted of or pleaded guilty to a violation of this	2814
division, division (A)(1) or (B) of this section, or a municipal	2815
OVI offense shall do both of the following:	2816

(a) Operate any vehicle, streetcar, or trackless trolley	2817
within this state while under the influence of alcohol, a drug of	2818
abuse, or a combination of them;	2819

(b) Subsequent to being arrested for operating the vehicle,	2820
streetcar, or trackless trolley as described in division (A)(2)(a)	2821
of this section, being asked by a law enforcement officer to	2822
submit to a chemical test or tests under section 4511.191 of the	2823
Revised Code, and being advised by the officer in accordance with	2824
section 4511.192 of the Revised Code of the consequences of the	2825
person's refusal or submission to the test or tests, refuse to	2826
submit to the test or tests.	2827

(B) No person under twenty-one years of age shall operate any	2828
vehicle, streetcar, or trackless trolley within this state, if, at	2829
the time of the operation, any of the following apply:	2830

(1) The person has a concentration of at least two-hundredths	2831
of one per cent but less than eight-hundredths of one per cent by	2832
weight per unit volume of alcohol in the person's whole blood.	2833

(2) The person has a concentration of at least	2834
three-hundredths of one per cent but less than	2835
ninety-six-thousandths of one per cent by weight per unit volume	2836
of alcohol in the person's blood serum or plasma.	2837

(3) The person has a concentration of at least two-hundredths	2838
of one gram but less than eight-hundredths of one gram by weight	2839
of alcohol per two hundred ten liters of the person's breath.	2840

(4) The person has a concentration of at least twenty-eight	2841
one-thousandths of one gram but less than eleven-hundredths of one	2842
gram by weight of alcohol per one hundred milliliters of the	2843
person's urine.	2844

(C) In any proceeding arising out of one incident, a person	2845
may be charged with a violation of division (A)(1)(a) or (A)(2)	2846
and a violation of division (B)(1), (2), or (3) of this section,	2847
but the person may not be convicted of more than one violation of	2848
these divisions.	2849

(D)(1) In any criminal prosecution or juvenile court	2850
proceeding for a violation of division (A) or (B) of this section	2851
or for an equivalent offense, the court may admit evidence on the	2852
concentration of alcohol, drugs of abuse, or a combination of them	2853
in the defendant's whole blood, blood serum or plasma, breath,	2854
urine, or other bodily substance at the time of the alleged	2855
violation as shown by chemical analysis of the substance withdrawn	2856
within two hours of the time of the alleged violation.	2857

When a person submits to a blood test at the request of a law	2858
enforcement officer under section 4511.191 of the Revised Code,	2859
only a physician, a registered nurse, or a qualified technician,	2860
chemist, or phlebotomist shall withdraw blood for the purpose of	2861
determining the alcohol, drug, or alcohol and drug content of the	2862
whole blood, blood serum, or blood plasma. This limitation does	2863
not apply to the taking of breath or urine specimens. A person	2864
authorized to withdraw blood under this division may refuse to	2865
withdraw blood under this division, if in that person's opinion,	2866
the physical welfare of the person would be endangered by the	2867
withdrawing of blood.	2868

The bodily substance withdrawn shall be analyzed in	2869
accordance with methods approved by the director of health by an	2870
individual possessing a valid permit issued by the director	2871
pursuant to section 3701.143 of the Revised Code.	2872

(2) In a criminal prosecution or juvenile court proceeding	2873
for a violation of division (A) of this section or for an	2874
equivalent offense, if there was at the time the bodily substance	2875
was withdrawn a concentration of less than the applicable	2876
concentration of alcohol specified in divisions (A)(1)(b), (c),	2877
(d), and (e) of this section, that fact may be considered with	2878
other competent evidence in determining the guilt or innocence of	2879
the defendant. This division does not limit or affect a criminal	2880
prosecution or juvenile court proceeding for a violation of	2881
division (B) of this section or for an equivalent offense that is	2882
substantially equivalent to that division.	2883

(3) Upon the request of the person who was tested, the	2884
results of the chemical test shall be made available to the person	2885
or the person's attorney, immediately upon the completion of the	2886
chemical test analysis.	2887

The person tested may have a physician, a registered nurse,	2888
or a qualified technician, chemist, or phlebotomist of the	2889
person's own choosing administer a chemical test or tests, at the	2890
person's expense, in addition to any administered at the request	2891
of a law enforcement officer. The form to be read to the person to	2892
be tested, as required under section 4511.192 of the Revised Code,	2893
shall state that the person may have an independent test performed	2894
at the person's expense. The failure or inability to obtain an	2895
additional chemical test by a person shall not preclude the	2896
admission of evidence relating to the chemical test or tests taken	2897
at the request of a law enforcement officer.	2898

(4)(a) As used in divisions (D)(4)(b) and (c) of this	2899
section, "national highway traffic safety administration" means	2900
the national highway traffic safety administration established as	2901
an administration of the United States department of	2902
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	2903

(b) In any criminal prosecution or juvenile court proceeding	2904
for a violation of division (A) or (B) of this section, of a	2905
municipal ordinance relating to operating a vehicle while under	2906
the influence of alcohol, a drug of abuse, or alcohol and a drug	2907
of abuse, or of a municipal ordinance relating to operating a	2908
vehicle with a prohibited concentration of alcohol in the blood,	2909
breath, or urine, if a law enforcement officer has administered a	2910
field sobriety test to the operator of the vehicle involved in the	2911
violation and if it is shown by clear and convincing evidence that	2912
the officer administered the test in substantial compliance with	2913
the testing standards for any reliable, credible, and generally	2914
accepted field sobriety tests that were in effect at the time the	2915
tests were administered, including, but not limited to, any	2916
testing standards then in effect that were set by the national	2917
highway traffic safety administration, all of the following apply:	2918

(i) The officer may testify concerning the results of the	2919
field sobriety test so administered.	2920

(ii) The prosecution may introduce the results of the field	2921
sobriety test so administered as evidence in any proceedings in	2922
the criminal prosecution or juvenile court proceeding.	2923

(iii) If testimony is presented or evidence is introduced	2924
under division (D)(4)(b)(i) or (ii) of this section and if the	2925
testimony or evidence is admissible under the Rules of Evidence,	2926
the court shall admit the testimony or evidence and the trier of	2927
fact shall give it whatever weight the trier of fact considers to	2928
be appropriate.	2929

(c) Division (D)(4)(b) of this section does not limit or	2930
preclude a court, in its determination of whether the arrest of a	2931
person was supported by probable cause or its determination of any	2932
other matter in a criminal prosecution or juvenile court	2933
proceeding of a type described in that division, from considering	2934
evidence or testimony that is not otherwise disallowed by division	2935
(D)(4)(b) of this section.	2936

(E)(1) Subject to division (E)(3) of this section, in any	2937
criminal prosecution or juvenile court proceeding for a violation	2938
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), or (i) or	2939
(B)(1), (2), (3), or (4) of this section or for an equivalent	2940
offense that is substantially equivalent to any of those	2941
divisions, a laboratory report from any forensic laboratory	2942
certified by the department of health that contains an analysis of	2943
the whole blood, blood serum or plasma, breath, urine, or other	2944
bodily substance tested and that contains all of the information	2945
specified in this division shall be admitted as prima-facie	2946
evidence of the information and statements that the report	2947
contains. The laboratory report shall contain all of the	2948
following:	2949

(a) The signature, under oath, of any person who performed	2950
the analysis;	2951

(b) Any findings as to the identity and quantity of alcohol,	2952
a drug of abuse, or a combination of them that was found;	2953

(c) A copy of a notarized statement by the laboratory	2954
director or a designee of the director that contains the name of	2955
each certified analyst or test performer involved with the report,	2956
the analyst's or test performer's employment relationship with the	2957
laboratory that issued the report, and a notation that performing	2958
an analysis of the type involved is part of the analyst's or test	2959
performer's regular duties;	2960

(d) An outline of the analyst's or test performer's	2961
education, training, and experience in performing the type of	2962
analysis involved and a certification that the laboratory	2963
satisfies appropriate quality control standards in general and, in	2964
this particular analysis, under rules of the department of health.	2965

(2) Notwithstanding any other provision of law regarding the	2966
admission of evidence, a report of the type described in division	2967
(E)(1) of this section is not admissible against the defendant to	2968
whom it pertains in any proceeding, other than a preliminary	2969
hearing or a grand jury proceeding, unless the prosecutor has	2970
served a copy of the report on the defendant's attorney or, if the	2971
defendant has no attorney, on the defendant.	2972

(3) A report of the type described in division (E)(1) of this	2973
section shall not be prima-facie evidence of the contents,	2974
identity, or amount of any substance if, within seven days after	2975
the defendant to whom the report pertains or the defendant's	2976
attorney receives a copy of the report, the defendant or the	2977
defendant's attorney demands the testimony of the person who	2978
signed the report. The judge in the case may extend the seven-day	2979
time limit in the interest of justice.	2980

(F) Except as otherwise provided in this division, any	2981
physician, registered nurse, or qualified technician, chemist, or	2982
phlebotomist who withdraws blood from a person pursuant to this	2983
section, and any hospital, first-aid station, or clinic at which	2984
blood is withdrawn from a person pursuant to this section, is	2985
immune from criminal liability and civil liability based upon a	2986
claim of assault and battery or any other claim that is not a	2987
claim of malpractice, for any act performed in withdrawing blood	2988
from the person. The immunity provided in this division is not	2989
available to a person who withdraws blood if the person engages in	2990
willful or wanton misconduct.	2991

(G)(1) Whoever violates any provision of divisions (A)(1)(a)	2992
to (i) or (A)(2) of this section is guilty of operating a vehicle	2993
under the influence of alcohol, a drug of abuse, or a combination	2994
of them. The court shall sentence the offender under Chapter 2929.	2995
of the Revised Code, except as otherwise authorized or required by	2996
divisions (G)(1)(a) to (e) of this section:	2997

(a) Except as otherwise provided in division (G)(1)(b), (c),	2998
(d), or (e) of this section, the offender is guilty of a	2999
misdemeanor of the first degree, and the court shall sentence the	3000
offender to all of the following:	3001

(i) If the sentence is being imposed for a violation of	3002
division (A)(1)(a), (b), (c), (d), or (e) of this section, a	3003
mandatory jail term of three consecutive days. As used in this	3004
division, three consecutive days means seventy-two consecutive	3005
hours. The court may sentence an offender to both an intervention	3006
program and a jail term. The court may impose a jail term in	3007
addition to the three-day mandatory jail term or intervention	3008
program. However, in no case shall the cumulative jail term	3009
imposed for the offense exceed six months.	3010

The court may suspend the execution of the three-day jail	3011
term under this division if the court, in lieu of that suspended	3012
term, places the offender under a community control sanction	3013
pursuant to section 2929.25 of the Revised Code and requires the	3014
offender to attend, for three consecutive days, a drivers'	3015
intervention program certified under section 3793.10 of the	3016
Revised Code. The court also may suspend the execution of any	3017
part of the three-day jail term under this division if it places	3018
the offender under a community control sanction pursuant to	3019
section 2929.25 of the Revised Code for part of the three days,	3020
requires the offender to attend for the suspended part of the term	3021
a drivers' intervention program so certified, and sentences the	3022
offender to a jail term equal to the remainder of the three	3023
consecutive days that the offender does not spend attending the	3024
program. The court may require the offender, as a condition of	3025
community control and in addition to the required attendance at a	3026
drivers' intervention program, to attend and satisfactorily	3027
complete any treatment or education programs that comply with the	3028
minimum standards adopted pursuant to Chapter 3793. of the Revised	3029
Code by the director of alcohol and drug addiction services that	3030
the operators of the drivers' intervention program determine that	3031
the offender should attend and to report periodically to the court	3032
on the offender's progress in the programs. The court also may	3033
impose on the offender any other conditions of community control	3034
that it considers necessary.	3035

(ii) If the sentence is being imposed for a violation of	3036
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	3037
section, except as otherwise provided in this division, a	3038
mandatory jail term of at least three consecutive days and a	3039
requirement that the offender attend, for three consecutive days,	3040
a drivers' intervention program that is certified pursuant to	3041
section 3793.10 of the Revised Code. As used in this division,	3042
three consecutive days means seventy-two consecutive hours. If the	3043
court determines that the offender is not conducive to treatment	3044
in a drivers' intervention program, if the offender refuses to	3045
attend a drivers' intervention program, or if the jail at which	3046
the offender is to serve the jail term imposed can provide a	3047
driver's intervention program, the court shall sentence the	3048
offender to a mandatory jail term of at least six consecutive	3049
days.	3050

The court may require the offender, under a community control	3051
sanction imposed under section 2929.25 of the Revised Code, to	3052
attend and satisfactorily complete any treatment or education	3053
programs that comply with the minimum standards adopted pursuant	3054
to Chapter 3793. of the Revised Code by the director of alcohol	3055
and drug addiction services, in addition to the required	3056
attendance at drivers' intervention program, that the operators of	3057
the drivers' intervention program determine that the offender	3058
should attend and to report periodically to the court on the	3059
offender's progress in the programs. The court also may impose any	3060
other conditions of community control on the offender that it	3061
considers necessary.	3062

(iii) In all cases, a fine of not less than two hundred fifty	3063
and not more than one thousand dollars;	3064

(iv) In all cases, a class five license suspension of the	3065
offender's driver's orlicense, commercial driver's license or,	3066
temporary instruction permit, probationary license, or nonresident	3067
operating privilege from the range specified in division (A)(5) of	3068
section 4510.02 of the Revised Code or as otherwise specified in	3069
division (G)(1)(a)(iv) of this section. The court may grant	3070
limited driving privileges relative to the suspension under	3071
sections 4510.021 and 4510.13 of the Revised Code.	3072

If an offender's driver's license, commercial driver's	3073
license, temporary instruction permit, probationary license, or	3074
nonresident operating privilege was suspended under division (B)	3075
or (C) of section 4511.191 of the Revised Code as a result of the	3076
same incident or the same set of facts and circumstances that	3077
resulted in the conviction or guilty plea for which the offender	3078
is being sentenced under division (G)(1)(a) of this section, the	3079
period of suspension the court imposes upon the offender shall not	3080
be less than the greater of either the minimum suspension period	3081
specified in division (A)(5) of section 4510.02 of the Revised	3082
Code or the period of time remaining in the suspension imposed	3083
upon the offender under division (B) or (C) of section 4511.191 of	3084
the Revised Code on the date the court imposes sentence under	3085
division (G)(1)(a) of this section. The period of suspension the	3086
court imposes upon the offender shall not exceed the maximum	3087
period specified in division (A)(5) of section 4510.02 of the	3088
Revised Code.	3089

(b) Except as otherwise provided in division (G)(1)(e) of	3090
this section, an offender who, within sixtwenty years of the	3091
offense, previously has been convicted of or pleaded guilty to one	3092
violation of division (A) or (B) of this section or one other	3093
equivalent offense is guilty of a misdemeanor of the first degree.	3094
The court shall sentence the offender to all of the following:	3095

(i) If the sentence is being imposed for a violation of	3096
division (A)(1)(a), (b), (c), (d), or (e) of this section, a	3097
mandatory jail term of ten consecutive days. The court shall	3098
impose the ten-day mandatory jail term under this division unless,	3099
subject to division (G)(3) of this section, it instead imposes a	3100
sentence under that division consisting of both a jail term and a	3101
term of house arrest with electronic monitoring, with continuous	3102
alcohol monitoring, or with both electronic monitoring and	3103
continuous alcohol monitoring. The court may impose a jail term in	3104
addition to the ten-day mandatory jail term. The cumulative jail	3105
term imposed for the offense shall not exceed six months.	3106

In addition to the jail term or the term of house arrest with	3107
electronic monitoring or continuous alcohol monitoring or both	3108
types of monitoring and jail term, the court may require the	3109
offender to attend a drivers' intervention program that is	3110
certified pursuant to section 3793.10 of the Revised Code. If the	3111
operator of the program determines that the offender is alcohol	3112
dependent, the program shall notify the court, and, subject to	3113
division (I) of this section, the court shall order the offender	3114
to obtain treatment through an alcohol and drug addiction program	3115
authorized by section 3793.02 of the Revised Code.	3116

(ii) If the sentence is being imposed for a violation of	3117
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	3118
section, except as otherwise provided in this division, a	3119
mandatory jail term of twenty consecutive days. The court shall	3120
impose the twenty-day mandatory jail term under this division	3121
unless, subject to division (G)(3) of this section, it instead	3122
imposes a sentence under that division consisting of both a jail	3123
term and a term of house arrest with electronic monitoring, with	3124
continuous alcohol monitoring, or with both electronic monitoring	3125
and continuous alcohol monitoring. The court may impose a jail	3126
term in addition to the twenty-day mandatory jail term. The	3127
cumulative jail term imposed for the offense shall not exceed six	3128
months.	3129

In addition to the jail term or the term of house arrest with	3130
electronic monitoring or continuous alcohol monitoring or both	3131
types of monitoring and jail term, the court may require the	3132
offender to attend a driver's intervention program that is	3133
certified pursuant to section 3793.10 of the Revised Code. If the	3134
operator of the program determines that the offender is alcohol	3135
dependent, the program shall notify the court, and, subject to	3136
division (I) of this section, the court shall order the offender	3137
to obtain treatment through an alcohol and drug addiction program	3138
authorized by section 3793.02 of the Revised Code.	3139

(iii) In all cases, notwithstanding the fines set forth in	3140
Chapter 2929. of the Revised Code, a fine of not less than three	3141
hundred fifty and not more than one thousand five hundred dollars;	3142

(iv) In all cases, a class four license suspension of the	3143
offender's driver's license, commercial driver's license,	3144
temporary instruction permit, probationary license, or nonresident	3145
operating privilege from the range specified in division (A)(4) of	3146
section 4510.02 of the Revised Code or as otherwise specified in	3147
division (G)(1)(b)(iv) of this section. The court may grant	3148
limited driving privileges relative to the suspension under	3149
sections 4510.021 and 4510.13 of the Revised Code.	3150

If an offender's driver's license, commercial driver's	3151
license, temporary instruction permit, probationary license, or	3152
nonresident operating privilege was suspended under division (B)	3153
or (C) of section 4511.191 of the Revised Code as a result of the	3154
same incident or the same set of facts and circumstances that	3155
resulted in the conviction or guilty plea for which the offender	3156
is being sentenced under division (G)(1)(b) of this section, the	3157
period of suspension the court imposes upon the offender shall not	3158
be less than the greater of either the minimum suspension period	3159
specified in division (A)(4) of section 4510.02 of the Revised	3160
Code or the period of time remaining in the suspension imposed	3161
upon the offender under division (B) or (C) of section 4511.191 of	3162
the Revised Code on the date the court imposes sentence under	3163
division (G)(1)(b) of this section. The period of suspension the	3164
court imposes upon the offender not exceed the maximum period	3165
specified in division (A)(4) of section 4510.02 of the Revised	3166
Code.	3167

(v) In all cases, if the vehicle is registered in the	3168
offender's name, immobilization of the vehicle involved in the	3169
offense for ninety days in accordance with section 4503.233 of the	3170
Revised Code and impoundment of the license plates of that vehicle	3171
for ninety days.	3172

(c) Except as otherwise provided in division (G)(1)(e) of	3173
this section, an offender who, within sixtwenty years of the	3174
offense, previously has been convicted of or pleaded guilty to two	3175
violations of division (A) or (B) of this section or other	3176
equivalent offenses is guilty of a misdemeanor. The court shall	3177
sentence the offender to all of the following:	3178

(i) If the sentence is being imposed for a violation of	3179
division (A)(1)(a), (b), (c), (d), or (e) of this section, a	3180
mandatory jail term of thirty consecutive days. The court shall	3181
impose the thirty-day mandatory jail term under this division	3182
unless, subject to division (G)(3) of this section, it instead	3183
imposes a sentence under that division consisting of both a jail	3184
term and a term of house arrest with electronic monitoring, with	3185
continuous alcohol monitoring, or with both electronic monitoring	3186
and continuous alcohol monitoring. The court may impose a jail	3187
term in addition to the thirty-day mandatory jail term.	3188
Notwithstanding the jail terms set forth in sections 2929.21 to	3189
2929.28 of the Revised Code, the additional jail term shall not	3190
exceed one year, and the cumulative jail term imposed for the	3191
offense shall not exceed one year.	3192

(ii) If the sentence is being imposed for a violation of	3193
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	3194
section, a mandatory jail term of sixty consecutive days. The	3195
court shall impose the sixty-day mandatory jail term under this	3196
division unless, subject to division (G)(3) of this section, it	3197
instead imposes a sentence under that division consisting of both	3198
a jail term and a term of house arrest with electronic monitoring,	3199
with continuous alcohol monitoring, or with both electronic	3200
monitoring and continuous alcohol monitoring. The court may impose	3201
a jail term in addition to the sixty-day mandatory jail term.	3202
Notwithstanding the jail terms set forth in sections 2929.21 to	3203
2929.28 of the Revised Code, the additional jail term shall not	3204
exceed one year, and the cumulative jail term imposed for the	3205
offense shall not exceed one year.	3206

(iii) In all cases, notwithstanding the fines set forth in	3207
Chapter 2929. of the Revised Code, a fine of not less than five	3208
hundred fifty and not more than two thousand five hundred dollars;	3209

(iv) In all cases, a class three license suspension of the	3210
offender's driver's license, commercial driver's license,	3211
temporary instruction permit, probationary license, or nonresident	3212
operating privilege from the range specified in division (A)(3) of	3213
section 4510.02 of the Revised Code or as otherwise specified in	3214
division (G)(1)(c)(iv) of this section. The court may grant	3215
limited driving privileges relative to the suspension under	3216
sections 4510.021 and 4510.13 of the Revised Code.	3217

If an offender's driver's license, commercial driver's	3218
license, temporary instruction permit, probationary license, or	3219
nonresident operating privilege was suspended under division (B)	3220
or (C) of section 4511.191 of the Revised Code as a result of the	3221
same incident or the same set of facts and circumstances that	3222
resulted in the conviction or guilty plea for which the offender	3223
is being sentenced under division (G)(1)(c) of this section, the	3224
period of suspension the court imposes upon the offender shall not	3225
be less than the greater of either the minimum suspension period	3226
specified in division (A)(3) of section 4510.02 of the Revised	3227
Code or the period of time remaining in the suspension imposed	3228
upon the offender under division (B) or (C) of section 4511.191 of	3229
the Revised Code on the date the court imposes sentence under	3230
division (G)(1)(c) of this section. The period of suspension the	3231
court imposes upon the offender shall not exceed the maximum	3232
period specified in division (A)(3) of section 4510.02 of the	3233
Revised Code.	3234

(v) In all cases, if the vehicle is registered in the	3235
offender's name, criminal forfeiture of the vehicle involved in	3236
the offense in accordance with section 4503.234 of the Revised	3237
Code. Division (G)(6) of this section applies regarding any	3238
vehicle that is subject to an order of criminal forfeiture under	3239
this division.	3240

(vi) In all cases, participation in an alcohol and drug	3241
addiction program authorized by section 3793.02 of the Revised	3242
Code, subject to division (I) of this section.	3243

(d) Except as otherwise provided in division (G)(1)(e) of	3244
this section, an offender who, within sixtwenty years of the	3245
offense, previously has been convicted of or pleaded guilty to	3246
three or fourmore violations of division (A) or (B) of this	3247
section or other equivalent offenses or an offender who, within	3248
twenty years of the offense, previously has been convicted of or	3249
pleaded guilty to five or more violations of that nature is guilty	3250
of a felony of the fourth degree. The court shall sentence the	3251
offender to all of the following:	3252

(i) If the sentence is being imposed for a violation of	3253
division (A)(1)(a), (b), (c), (d), or (e) of this section, a	3254
mandatory prison term of one, two, three, four, or five years as	3255
required by and in accordance with division (G)(2) of section	3256
2929.13 of the Revised Code if the offender also is convicted of	3257
or also pleads guilty to a specification of the type described in	3258
section 2941.1413 of the Revised Code or, in the discretion of the	3259
court, either a mandatory term of local incarceration of sixty	3260
consecutive days in accordance with division (G)(1) of section	3261
2929.13 of the Revised Code or a mandatory prison term of sixty	3262
consecutive days in accordance with division (G)(2) of that	3263
section if the offender is not convicted of and does not plead	3264
guilty to a specification of that type. If the court imposes a	3265
mandatory term of local incarceration, it may impose a jail term	3266
in addition to the sixty-day mandatory term, the cumulative total	3267
of the mandatory term and the jail term for the offense shall not	3268
exceed one year, and, except as provided in division (A)(1) of	3269
section 2929.13 of the Revised Code, no prison term is authorized	3270
for the offense. If the court imposes a mandatory prison term,	3271
notwithstanding division (A)(4) of section 2929.14 of the Revised	3272
Code, it also may sentence the offender to a definite prison term	3273
that shall be not less than six months and not more than thirty	3274
months and the prison terms shall be imposed as described in	3275
division (G)(2) of section 2929.13 of the Revised Code. If the	3276
court imposes a mandatory prison term or mandatory prison term and	3277
additional prison term, in addition to the term or terms so	3278
imposed, the court also may sentence the offender to a community	3279
control sanction for the offense, but the offender shall serve all	3280
of the prison terms so imposed prior to serving the community	3281
control sanction.	3282

(ii) If the sentence is being imposed for a violation of	3283
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	3284
section, a mandatory prison term of one, two, three, four, or five	3285
years as required by and in accordance with division (G)(2) of	3286
section 2929.13 of the Revised Code if the offender also is	3287
convicted of or also pleads guilty to a specification of the type	3288
described in section 2941.1413 of the Revised Code or, in the	3289
discretion of the court, either a mandatory term of local	3290
incarceration of one hundred twenty consecutive days in accordance	3291
with division (G)(1) of section 2929.13 of the Revised Code or a	3292
mandatory prison term of one hundred twenty consecutive days in	3293
accordance with division (G)(2) of that section if the offender is	3294
not convicted of and does not plead guilty to a specification of	3295
that type. If the court imposes a mandatory term of local	3296
incarceration, it may impose a jail term in addition to the one	3297
hundred twenty-day mandatory term, the cumulative total of the	3298
mandatory term and the jail term for the offense shall not exceed	3299
one year, and, except as provided in division (A)(1) of section	3300
2929.13 of the Revised Code, no prison term is authorized for the	3301
offense. If the court imposes a mandatory prison term,	3302
notwithstanding division (A)(4) of section 2929.14 of the Revised	3303
Code, it also may sentence the offender to a definite prison term	3304
that shall be not less than six months and not more than thirty	3305
months and the prison terms shall be imposed as described in	3306
division (G)(2) of section 2929.13 of the Revised Code. If the	3307
court imposes a mandatory prison term or mandatory prison term and	3308
additional prison term, in addition to the term or terms so	3309
imposed, the court also may sentence the offender to a community	3310
control sanction for the offense, but the offender shall serve all	3311
of the prison terms so imposed prior to serving the community	3312
control sanction.	3313

(iii) In all cases, notwithstanding section 2929.18 of the	3314
Revised Code, a fine of not less than eight hundred nor more than	3315
ten thousand dollars;	3316

(iv) In all cases, a class two license suspension of the	3317
offender's driver's license, commercial driver's license,	3318
temporary instruction permit, probationary license, or nonresident	3319
operating privilege from the range specified in division (A)(2) of	3320
section 4510.02 of the Revised Code or as otherwise specified in	3321
division (G)(1)(d)(iv) of this section. The court may grant	3322
limited driving privileges relative to the suspension under	3323
sections 4510.021 and 4510.13 of the Revised Code.	3324

If an offender's driver's license, commercial driver's	3325
license, temporary instruction permit, probationary license, or	3326
nonresident operating privilege was suspended under division (B)	3327
or (C) of section 4511.191 of the Revised Code as a result of the	3328
same incident or the same set of facts and circumstances that	3329
resulted in the conviction or guilty plea for which the offender	3330
is being sentenced under division (G)(1)(d) of this section, the	3331
period of suspension the court imposes upon the offender shall not	3332
be less than the greater of either the minimum suspension period	3333
specified in division (A)(2) of section 4510.02 of the Revised	3334
Code or the period of time remaining in the suspension imposed	3335
upon the offender under division (B) or (C) of section 4511.191 of	3336
the Revised Code on the date the court imposes sentence under	3337
division (G)(1)(d) of this section. The period of suspension the	3338
court imposes upon the offender shall not exceed the maximum	3339
period specified in division (A)(2) of section 4510.02 of the	3340
Revised Code.	3341

(v) In all cases, if the vehicle is registered in the	3342
offender's name, criminal forfeiture of the vehicle involved in	3343
the offense in accordance with section 4503.234 of the Revised	3344
Code. Division (G)(6) of this section applies regarding any	3345
vehicle that is subject to an order of criminal forfeiture under	3346
this division.	3347

(vi) In all cases, participation in an alcohol and drug	3348
addiction program authorized by section 3793.02 of the Revised	3349
Code, subject to division (I) of this section.	3350

(vii) In all cases, if the court sentences the offender to a	3351
mandatory term of local incarceration, in addition to the	3352
mandatory term, the court, pursuant to section 2929.17 of the	3353
Revised Code, may impose a term of house arrest with electronic	3354
monitoring. The term shall not commence until after the offender	3355
has served the mandatory term of local incarceration.	3356

(e) An offender who previously has been convicted of or	3357
pleaded guilty to a violation of division (A) of this section that	3358
was a felony, regardless of when the violation and the conviction	3359
or guilty plea occurred, is guilty of a felony of the third	3360
degree. The court shall sentence the offender to all of the	3361
following:	3362

(i) If the offender is being sentenced for a violation of	3363
division (A)(1)(a), (b), (c), (d), or (e) of this section, a	3364
mandatory prison term of one, two, three, four, or five years as	3365
required by and in accordance with division (G)(2) of section	3366
2929.13 of the Revised Code if the offender also is convicted of	3367
or also pleads guilty to a specification of the type described in	3368
section 2941.1413 of the Revised Code or a mandatory prison term	3369
of sixty consecutive days in accordance with division (G)(2) of	3370
section 2929.13 of the Revised Code if the offender is not	3371
convicted of and does not plead guilty to a specification of that	3372
type. The court may impose a prison term in addition to the	3373
mandatory prison term. The cumulative total of a sixty-day	3374
mandatory prison term and the additional prison term for the	3375
offense shall not exceed five years. In addition to the mandatory	3376
prison term or mandatory prison term and additional prison term	3377
the court imposes, the court also may sentence the offender to a	3378
community control sanction for the offense, but the offender	3379
shall serve all of the prison terms so imposed prior to serving	3380
the community control sanction.	3381

(ii) If the sentence is being imposed for a violation of	3382
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	3383
section, a mandatory prison term of one, two, three, four, or five	3384
years as required by and in accordance with division (G)(2) of	3385
section 2929.13 of the Revised Code if the offender also is	3386
convicted of or also pleads guilty to a specification of the type	3387
described in section 2941.1413 of the Revised Code or a mandatory	3388
prison term of one hundred twenty consecutive days in accordance	3389
with division (G)(2) of section 2929.13 of the Revised Code if the	3390
offender is not convicted of and does not plead guilty to a	3391
specification of that type. The court may impose a prison term in	3392
addition to the mandatory prison term. The cumulative total of a	3393
one hundred twenty-day mandatory prison term and the additional	3394
prison term for the offense shall not exceed five years. In	3395
addition to the mandatory prison term or mandatory prison term and	3396
additional prison term the court imposes, the court also may	3397
sentence the offender to a community control sanction for the	3398
offense, but the offender shall serve all of the prison terms so	3399
imposed prior to serving the community control sanction.	3400

(iii) In all cases, notwithstanding section 2929.18 of the	3401
Revised Code, a fine of not less than eight hundred nor more than	3402
ten thousand dollars;	3403

(iv) In all cases, a class two license suspension of the	3404
offender's driver's license, commercial driver's license,	3405
temporary instruction permit, probationary license, or nonresident	3406
operating privilege from the range specified in division (A)(2) of	3407
section 4510.02 of the Revised Code or as otherwise specified in	3408
division (G)(1)(e)(iv) of this section. The court may grant	3409
limited driving privileges relative to the suspension under	3410
sections 4510.021 and 4510.13 of the Revised Code.	3411

If an offender's driver's license, commercial driver's	3412
license, temporary instruction permit, probationary license, or	3413
nonresident operating privilege was suspended under division (B)	3414
or (C) of section 4511.191 of the Revised Code as a result of the	3415
same incident or the same set of facts and circumstances that	3416
resulted in the conviction or guilty plea for which the offender	3417
is being sentenced under division (G)(1)(e) of this section, the	3418
period of suspension the court imposes upon the offender shall not	3419
be less than the greater of either the minimum suspension period	3420
specified in division (A)(2) of section 4510.02 of the Revised	3421
Code or the period of time remaining in the suspension imposed	3422
upon the offender under division (B) or (C) of section 4511.191 of	3423
the Revised Code on the date the court imposes sentence under	3424
division (G)(1)(e) of this section. The period of suspension the	3425
court imposes upon the offender shall not exceed the maximum	3426
period specified in division (A)(2) of section 4510.02 of the	3427
Revised Code.	3428

(v) In all cases, if the vehicle is registered in the	3429
offender's name, criminal forfeiture of the vehicle involved in	3430
the offense in accordance with section 4503.234 of the Revised	3431
Code. Division (G)(6) of this section applies regarding any	3432
vehicle that is subject to an order of criminal forfeiture under	3433
this division.	3434

(vi) In all cases, participation in an alcohol and drug	3435
addiction program authorized by section 3793.02 of the Revised	3436
Code, subject to division (I) of this section.	3437

(2) An offender who is convicted of or pleads guilty to a	3438
violation of division (A) of this section and who subsequently	3439
seeks reinstatement of the driver's or occupational driver's	3440
license or permit or nonresident operating privilege suspended	3441
under this section as a result of the conviction or guilty plea	3442
shall pay a reinstatement fee as provided in division (F)(2) of	3443
section 4511.191 of the Revised Code.	3444

(3) If an offender is sentenced to a jail term under division	3445
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and	3446
if, within sixty days of sentencing of the offender, the court	3447
issues a written finding on the record that, due to the	3448
unavailability of space at the jail where the offender is required	3449
to serve the term, the offender will not be able to begin serving	3450
that term within the sixty-day period following the date of	3451
sentencing, the court may impose an alternative sentence under	3452
this division that includes a term of house arrest with electronic	3453
monitoring, with continuous alcohol monitoring, or with both	3454
electronic monitoring and continuous alcohol monitoring.	3455

As an alternative to a mandatory jail term of ten consecutive	3456
days required by division (G)(1)(b)(i) of this section, the court,	3457
under this division, may sentence the offender to five consecutive	3458
days in jail and not less than eighteen consecutive days of house	3459
arrest with electronic monitoring, with continuous alcohol	3460
monitoring, or with both electronic monitoring and continuous	3461
alcohol monitoring. The cumulative total of the five consecutive	3462
days in jail and the period of house arrest with electronic	3463
monitoring, continuous alcohol monitoring, or both types of	3464
monitoring shall not exceed six months. The five consecutive days	3465
in jail do not have to be served prior to or consecutively to the	3466
period of house arrest.	3467

As an alternative to the mandatory jail term of twenty	3468
consecutive days required by division (G)(1)(b)(ii) of this	3469
section, the court, under this division, may sentence the offender	3470
to ten consecutive days in jail and not less than thirty-six	3471
consecutive days of house arrest with electronic monitoring, with	3472
continuous alcohol monitoring, or with both electronic monitoring	3473
and continuous alcohol monitoring. The cumulative total of the ten	3474
consecutive days in jail and the period of house arrest with	3475
electronic monitoring, continuous alcohol monitoring, or both	3476
types of monitoring shall not exceed six months. The ten	3477
consecutive days in jail do not have to be served prior to or	3478
consecutively to the period of house arrest.	3479

As an alternative to a mandatory jail term of thirty	3480
consecutive days required by division (G)(1)(c)(i) of this	3481
section, the court, under this division, may sentence the offender	3482
to fifteen consecutive days in jail and not less than fifty-five	3483
consecutive days of house arrest with electronic monitoring, with	3484
continuous alcohol monitoring, or with both electronic monitoring	3485
and continuous alcohol monitoring. The cumulative total of the	3486
fifteen consecutive days in jail and the period of house arrest	3487
with electronic monitoring, continuous alcohol monitoring, or both	3488
types of monitoring shall not exceed one year. The fifteen	3489
consecutive days in jail do not have to be served prior to or	3490
consecutively to the period of house arrest.	3491

As an alternative to the mandatory jail term of sixty	3492
consecutive days required by division (G)(1)(c)(ii) of this	3493
section, the court, under this division, may sentence the offender	3494
to thirty consecutive days in jail and not less than one hundred	3495
ten consecutive days of house arrest with electronic monitoring,	3496
with continuous elcoholalcohol monitoring, or with both	3497
electronic monitoring and continuous alcohol monitoring. The	3498
cumulative total of the thirty consecutive days in jail and the	3499
period of house arrest with electronic monitoring, continuous	3500
alcohol monitoring, or both types of monitoring shall not exceed	3501
one year. The thirty consecutive days in jail do not have to be	3502
served prior to or consecutively to the period of house arrest.	3503

(4) If an offender's driver's or occupational driver's	3504
license or permit or nonresident operating privilege is suspended	3505
under division (G) of this section and if section 4510.13 of the	3506
Revised Code permits the court to grant limited driving	3507
privileges, the court may grant the limited driving privileges in	3508
accordance with that section. If division (A)(7) of that section	3509
requires that the court impose as a condition of the privileges	3510
that the offender must display on the vehicle that is driven	3511
subject to the privileges restricted license plates that are	3512
issued under section 4503.231 of the Revised Code, except as	3513
provided in division (B) of that section, the court shall impose	3514
that condition as one of the conditions of the limited driving	3515
privileges granted to the offender, except as provided in division	3516
(B) of section 4503.231 of the Revised Code.	3517

(5) Fines imposed under this section for a violation of	3518
division (A) of this section shall be distributed as follows:	3519

(a) Twenty-five dollars of the fine imposed under division	3520
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	3521
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	3522
fine imposed under division (G)(1)(c)(iii), and two hundred ten	3523
dollars of the fine imposed under division (G)(1)(d)(iii) or	3524
(e)(iii) of this section shall be paid to an enforcement and	3525
education fund established by the legislative authority of the law	3526
enforcement agency in this state that primarily was responsible	3527
for the arrest of the offender, as determined by the court that	3528
imposes the fine. The agency shall use this share to pay only	3529
those costs it incurs in enforcing this section or a municipal OVI	3530
ordinance and in informing the public of the laws governing the	3531
operation of a vehicle while under the influence of alcohol, the	3532
dangers of the operation of a vehicle under the influence of	3533
alcohol, and other information relating to the operation of a	3534
vehicle under the influence of alcohol and the consumption of	3535
alcoholic beverages.	3536

(b) Fifty dollars of the fine imposed under division	3537
(G)(1)(a)(iii) of this section shall be paid to the political	3538
subdivision that pays the cost of housing the offender during the	3539
offender's term of incarceration. If the offender is being	3540
sentenced for a violation of division (A)(1)(a), (b), (c), (d), or	3541
(e) of this section and was confined as a result of the offense	3542
prior to being sentenced for the offense but is not sentenced to a	3543
term of incarceration, the fifty dollars shall be paid to the	3544
political subdivision that paid the cost of housing the offender	3545
during that period of confinement. The political subdivision shall	3546
use the share under this division to pay or reimburse	3547
incarceration or treatment costs it incurs in housing or providing	3548
drug and alcohol treatment to persons who violate this section or	3549
a municipal OVI ordinance, costs of any immobilizing or disabling	3550
device used on the offender's vehicle, and costs of electronic	3551
house arrest equipment needed for persons who violate this	3552
section.	3553

(c) Twenty-five dollars of the fine imposed under division	3554
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	3555
division (G)(1)(b)(iii) of this section shall be deposited into	3556
the county or municipal indigent drivers' alcohol treatment fund	3557
under the control of that court, as created by the county or	3558
municipal corporation under division (N) of section 4511.191 of	3559
the Revised Code.	3560

(d) One hundred fifteen dollars of the fine imposed under	3561
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	3562
fine imposed under division (G)(1)(c)(iii), and four hundred forty	3563
dollars of the fine imposed under division (G)(1)(d)(iii) or	3564
(e)(iii) of this section shall be paid to the political	3565
subdivision that pays the cost of housing the offender during the	3566
offender's term of incarceration. The political subdivision shall	3567
use this share to pay or reimburse incarceration or treatment	3568
costs it incurs in housing or providing drug and alcohol treatment	3569
to persons who violate this section or a municipal OVI ordinance,	3570
costs for any immobilizing or disabling device used on the	3571
offender's vehicle, and costs of electronic house arrest equipment	3572
needed for persons who violate this section.	3573

(e) The balance of the fine imposed under division	3574
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	3575
section shall be disbursed as otherwise provided by law.	3576

(6) If title to a motor vehicle that is subject to an order	3577
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	3578
this section is assigned or transferred and division (B)(2) or (3)	3579
of section 4503.234 of the Revised Code applies, in addition to or	3580
independent of any other penalty established by law, the court may	3581
fine the offender the value of the vehicle as determined by	3582
publications of the national auto dealers association. The	3583
proceeds of any fine so imposed shall be distributed in accordance	3584
with division (C)(2) of that section.	3585

(7) As used in division (G) of this section, "electronic	3586
monitoring," "mandatory prison term," and "mandatory term of local	3587
incarceration" have the same meanings as in section 2929.01 of the	3588
Revised Code.	3589

(H) Whoever violates division (B) of this section is guilty	3590
of operating a vehicle after underage alcohol consumption and	3591
shall be punished as follows:	3592

(1) Except as otherwise provided in division (H)(2) of this	3593
section, the offender is guilty of a misdemeanor of the fourth	3594
degree. In addition to any other sanction imposed for the offense,	3595
the court shall impose a class six suspension of the offender's	3596
driver's license, commercial driver's license, temporary	3597
instruction permit, probationary license, or nonresident operating	3598
privilege from the range specified in division (A)(6) of section	3599
4510.02 of the Revised Code.	3600

(2) If, within one year of the offense, the offender	3601
previously has been convicted of or pleaded guilty to one or more	3602
violations of division (A) or (B) of this section or other	3603
equivalent offenseoffenses, the offender is guilty of a	3604
misdemeanor of the third degree. In addition to any other sanction	3605
imposed for the offense, the court shall impose a class four	3606
suspension of the offender's driver's license, commercial driver's	3607
license, temporary instruction permit, probationary license, or	3608
nonresident operating privilege from the range specified in	3609
division (A)(4) of section 4510.02 of the Revised Code.	3610

(3) If the offender also is convicted of or also pleads	3611
guilty to a specification of the type described in section	3612
2941.1416 of the Revised Code and if the court imposes a jail term	3613
for the violation of division (B) of this section, the court shall	3614
impose upon the offender an additional definite jail term pursuant	3615
to division (E) of section 2929.24 of the Revised Code.	3616

(I)(1) No court shall sentence an offender to an alcohol	3617
treatment program under this section unless the treatment program	3618
complies with the minimum standards for alcohol treatment programs	3619
adopted under Chapter 3793. of the Revised Code by the director of	3620
alcohol and drug addiction services.	3621

(2) An offender who stays in a drivers' intervention program	3622
or in an alcohol treatment program under an order issued under	3623
this section shall pay the cost of the stay in the program.	3624
However, if the court determines that an offender who stays in an	3625
alcohol treatment program under an order issued under this section	3626
is unable to pay the cost of the stay in the program, the court	3627
may order that the cost be paid from the court's indigent drivers'	3628
alcohol treatment fund.	3629

(J) If a person whose driver's or commercial driver's license	3630
or permit or nonresident operating privilege is suspended under	3631
this section files an appeal regarding any aspect of the person's	3632
trial or sentence, the appeal itself does not stay the operation	3633
of the suspension.	3634

(K) All terms defined in section 4510.01 of the Revised Code	3635
apply to this section. If the meaning of a term defined in section	3636
4510.01 of the Revised Code conflicts with the meaning of the same	3637
term as defined in section 4501.01 or 4511.01 of the Revised Code,	3638
the term as defined in section 4510.01 of the Revised Code applies	3639
to this section.	3640

(L)(1) The Ohio Traffic Rules in effect on January 1, 2004,	3641
as adopted by the supreme court under authority of section 2937.46	3642
of the Revised Code, do not apply to felony violations of this	3643
section. Subject to division (L)(2) of this section, the Rules of	3644
Criminal Procedure apply to felony violations of this section.	3645

(2) If, on or after January 1, 2004, the supreme court	3646
modifies the Ohio Traffic Rules to provide procedures to govern	3647
felony violations of this section, the modified rules shall apply	3648
to felony violations of this section.	3649

Sec. 4511.191.  (A)(1) "Physical control" has the same	3650
meaning as in section 4511.194 of the Revised Code.	3651

(2) Any person who operates a vehicle, streetcar, or	3652
trackless trolley upon a highway or any public or private property	3653
used by the public for vehicular travel or parking within this	3654
state or who is in physical control of a vehicle, streetcar, or	3655
trackless trolley shall be deemed to have given consent to a	3656
chemical test or tests of the person's whole blood, blood serum or	3657
plasma, breath, or urine to determine the alcohol, drug, or	3658
alcohol and drug content of the person's whole blood, blood serum	3659
or plasma, breath, or urine if arrested for a violation of	3660
division (A) or (B) of section 4511.19 of the Revised Code,	3661
section 4511.194 of the Revised Code or a substantially equivalent	3662
municipal ordinance, or a municipal OVI ordinance.	3663

(3) The chemical test or tests under division (A)(2) of this	3664
section shall be administered at the request of a law enforcement	3665
officer having reasonable grounds to believe the person was	3666
operating or in physical control of a vehicle, streetcar, or	3667
trackless trolley in violation of a division, section, or	3668
ordinance identified in division (A)(2) of this section. The law	3669
enforcement agency by which the officer is employed shall	3670
designate which of the tests shall be administered.	3671

(4) Any person who is dead or unconscious, or who otherwise	3672
is in a condition rendering the person incapable of refusal, shall	3673
be deemed to have consented as provided in division (A)(2) of this	3674
section, and the test or tests may be administered, subject to	3675
sections 313.12 to 313.16 of the Revised Code.	3676

(B)(1) Upon receipt of the sworn report of a law enforcement	3677
officer who arrested a person for a violation of division (A) or	3678
(B) of section 4511.19 of the Revised Code, section 4511.194 of	3679
the Revised Code or a substantially equivalent municipal	3680
ordinance, or a municipal OVI ordinance that was completed and	3681
sent to the registrar and a court pursuant to section 4511.192 of	3682
the Revised Code in regard to a person who refused to take the	3683
designated chemical test, the registrar shall enter into the	3684
registrar's records the fact that the person's driver's or	3685
commercial driver's license or permit or nonresident operating	3686
privilege was suspended by the arresting officer under this	3687
division and that section and the period of the suspension, as	3688
determined under this section. The suspension shall be subject to	3689
appeal as provided in section 4511.197 of the Revised Code. The	3690
suspension shall be for whichever of the following periods	3691
applies:	3692

(a) Except when division (B)(1)(b), (c), or (d) of this	3693
section applies and specifies a different class or length of	3694
suspension, the suspension shall be a class C suspension for the	3695
period of time specified in division (B)(3) of section 4510.02 of	3696
the Revised Code.	3697

(b) If the arrested person, within sixtwenty years of the	3698
date on which the person refused the request to consent to the	3699
chemical test, had refused one previous request to consent to a	3700
chemical test or had been convicted of or pleaded guilty to one	3701
violation of division (A) or (B) of section 4511.19 of the Revised	3702
Code or one other equivalent offense, the suspension shall be a	3703
class BA suspension imposed for the period of time specified in	3704
division (B)(2)(1) of section 4510.02 of the Revised Code.	3705

(c) If the arrested person, within sixtwenty years of the	3706
date on which the person refused the request to consent to the	3707
chemical test, had refused two previous requests to consent to a	3708
chemical test, had been convicted of or pleaded guilty to two	3709
violations of division (A) or (B) of section 4511.19 of the	3710
Revised Code or other equivalent offenses, or had refused one	3711
previous request to consent to a chemical test and also had been	3712
convicted of or pleaded guilty to one violation of division (A) or	3713
(B) of section 4511.19 of the Revised Code or one other equivalent	3714
offense, which violation or offense arose from an incident other	3715
than the incident that led to the refusal, the suspension period	3716
shall be a class A suspension imposed for the period of time	3717
specified in division (B)(1) of section 4510.02 of the Revised	3718
Codeseven years.	3719

(d) If the arrested person, within sixtwenty years of the	3720
date on which the person refused the request to consent to the	3721
chemical test, had refused three or morea number of previous	3722
requests to consent to a chemical test that is in excess of the	3723
number of times specified in division (B)(1)(c) of this section,	3724
had been convicted of or pleaded guilty to a number of violations	3725
of division (A) or (B) of section 4511.19 of the Revised Code or	3726
other equivalent offenses that is in excess of the number of times	3727
specified in division (B)(1)(c) of this section, or had refused a	3728
number of previous requests to consent to a chemical test and also	3729
had been convicted of or pleaded guilty to a number of violations	3730
of division (A) or (B) of section 4511.19 of the Revised Code or	3731
of other equivalent offenses, each of which violations or offenses	3732
arose from an incident other than an incident that led to any of	3733
the refusals, that in combination are in excess of the number of	3734
times specified in division (B)(1)(c) of this section, the	3735
suspension period shall be for five yearsseven years plus three	3736
years for each such refusal, conviction, or guilty plea in excess	3737
of the number of times specified in division (B)(1)(c) of this	3738
section.	3739

(2) The registrar shall terminate a suspension of the	3740
driver's or commercial driver's license or permit of a resident or	3741
of the operating privilege of a nonresident, or a denial of a	3742
driver's or commercial driver's license or permit, imposed	3743
pursuant to division (B)(1) of this section upon receipt of notice	3744
that the person has entered a plea of guilty to, or that the	3745
person has been convicted after entering a plea of no contest to,	3746
operating a vehicle in violation of section 4511.19 of the Revised	3747
Code or in violation of a municipal OVI ordinance, if the offense	3748
for which the conviction is had or the plea is entered arose from	3749
the same incident that led to the suspension or denial.	3750

The registrar shall credit against any judicial suspension of	3751
a person's driver's or commercial driver's license or permit or	3752
nonresident operating privilege imposed pursuant to section	3753
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	3754
Revised Code for a violation of a municipal OVI ordinance, any	3755
time during which the person serves a related suspension imposed	3756
pursuant to division (B)(1) of this section.	3757

(C)(1) Upon receipt of the sworn report of the law	3758
enforcement officer who arrested a person for a violation of	3759
division (A) or (B) of section 4511.19 of the Revised Code or a	3760
municipal OVI ordinance that was completed and sent to the	3761
registrar and a court pursuant to section 4511.192 of the Revised	3762
Code in regard to a person whose test results indicate that the	3763
person's whole blood, blood serum or plasma, breath, or urine	3764
contained at least the concentration of alcohol specified in	3765
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	3766
Revised Code, the registrar shall enter into the registrar's	3767
records the fact that the person's driver's or commercial driver's	3768
license or permit or nonresident operating privilege was suspended	3769
by the arresting officer under this division and section 4511.192	3770
of the Revised Code and the period of the suspension, as	3771
determined under divisions (F)(1) to (4) of this section. The	3772
suspension shall be subject to appeal as provided in section	3773
4511.197 of the Revised Code. The suspension described in this	3774
division does not apply to, and shall not be imposed upon, a	3775
person arrested for a violation of section 4511.194 of the Revised	3776
Code or a substantially equivalent municipal ordinance who submits	3777
to a designated chemical test. The suspension shall be for	3778
whichever of the following periods applies:	3779

(a) Except when division (C)(1)(b), (c), or (d) of this	3780
section applies and specifies a different period, the suspension	3781
shall be a class E suspension imposed for the period of time	3782
specified in division (B)(5) of section 4510.02 of the Revised	3783
Code.	3784

(b) The suspension shall be a class C suspension for the	3785
period of time specified in division (B)(3) of section 4510.02 of	3786
the Revised Code if the person has been convicted of or pleaded	3787
guilty to, within sixtwenty years of the date the test was	3788
conducted, one violation of division (A) or (B) of section 4511.19	3789
of the Revised Code or one other equivalent offense.	3790

(c) If, within sixtwenty years of the date the test was	3791
conducted, the person has been convicted of or pleaded guilty to	3792
two violations of a statute or ordinance described in division	3793
(C)(1)(b) of this section, the suspension shall be a class B	3794
suspension imposed for the period of time specified in division	3795
(B)(2) of section 4510.02 of the Revised Code.	3796

(d) If, within sixtwenty years of the date the test was	3797
conducted, the person has been convicted of or pleaded guilty to	3798
more than two violations of a statute or ordinance described in	3799
division (C)(1)(b) of this section, the suspension shall be a	3800
class A suspension imposed for the period of time specified in	3801
division (B)(1) of section 4510.02 of the Revised Code.	3802

(2) The registrar shall terminate a suspension of the	3803
driver's or commercial driver's license or permit of a resident or	3804
of the operating privilege of a nonresident, or a denial of a	3805
driver's or commercial driver's license or permit, imposed	3806
pursuant to division (C)(1) of this section upon receipt of notice	3807
that the person has entered a plea of guilty to, or that the	3808
person has been convicted after entering a plea of no contest to,	3809
operating a vehicle in violation of section 4511.19 of the Revised	3810
Code or in violation of a municipal OVI ordinance, if the offense	3811
for which the conviction is had or the plea is entered arose from	3812
the same incident that led to the suspension or denial.	3813

The registrar shall credit against any judicial suspension of	3814
a person's driver's or commercial driver's license or permit or	3815
nonresident operating privilege imposed pursuant to section	3816
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	3817
Revised Code for a violation of a municipal OVI ordinance, any	3818
time during which the person serves a related suspension imposed	3819
pursuant to division (C)(1) of this section.	3820

(D)(1) A suspension of a person's driver's or commercial	3821
driver's license or permit or nonresident operating privilege	3822
under this section for the time described in division (B) or (C)	3823
of this section is effective immediately from the time at which	3824
the arresting officer serves the notice of suspension upon the	3825
arrested person. Any subsequent finding that the person is not	3826
guilty of the charge that resulted in the person being requested	3827
to take the chemical test or tests under division (A) of this	3828
section does not affect the suspension.	3829

(2) If a person is arrested for operating a vehicle,	3830
streetcar, or trackless trolley in violation of division (A) or	3831
(B) of section 4511.19 of the Revised Code or a municipal OVI	3832
ordinance, or for being in physical control of a vehicle,	3833
streetcar, or trackless trolley in violation of section 4511.194	3834
of the Revised Code or a substantially equivalent municipal	3835
ordinance, regardless of whether the person's driver's or	3836
commercial driver's license or permit or nonresident operating	3837
privilege is or is not suspended under division (B) or (C) of this	3838
section or Chapter 4510. of the Revised Code, the person's initial	3839
appearance on the charge resulting from the arrest shall be held	3840
within five days of the person's arrest or the issuance of the	3841
citation to the person, subject to any continuance granted by the	3842
court pursuant to section 4511.197 of the Revised Code regarding	3843
the issues specified in that division.	3844

(E) When it finally has been determined under the procedures	3845
of this section and sections 4511.192 to 4511.197 of the Revised	3846
Code that a nonresident's privilege to operate a vehicle within	3847
this state has been suspended, the registrar shall give	3848
information in writing of the action taken to the motor vehicle	3849
administrator of the state of the person's residence and of any	3850
state in which the person has a license.	3851

(F) At the end of a suspension period under this section,	3852
under section 4511.194, section 4511.196, or division (G) of	3853
section 4511.19 of the Revised Code, or under section 4510.07 of	3854
the Revised Code for a violation of a municipal OVI ordinance and	3855
upon the request of the person whose driver's or commercial	3856
driver's license or permit was suspended and who is not otherwise	3857
subject to suspension, cancellation, or disqualification, the	3858
registrar shall return the driver's or commercial driver's license	3859
or permit to the person upon the occurrence of all of the	3860
conditions specified in divisions (F)(1) and (2) of this section:	3861

(1) A showing that the person has proof of financial	3862
responsibility, a policy of liability insurance in effect that	3863
meets the minimum standards set forth in section 4509.51 of the	3864
Revised Code, or proof, to the satisfaction of the registrar, that	3865
the person is able to respond in damages in an amount at least	3866
equal to the minimum amounts specified in section 4509.51 of the	3867
Revised Code.	3868

(2) Subject to the limitation contained in division (F)(3) of	3869
this section, payment by the person to the bureau of motor	3870
vehicles of a license reinstatement fee of four hundred	3871
twenty-five dollars, which fee shall be deposited in the state	3872
treasury and credited as follows:	3873

(a) One hundred twelve dollars and fifty cents shall be	3874
credited to the statewide treatment and prevention fund created by	3875
section 4301.30 of the Revised Code. The fund shall be used to	3876
pay the costs of driver treatment and intervention programs	3877
operated pursuant to sections 3793.02 and 3793.10 of the Revised	3878
Code. The director of alcohol and drug addiction services shall	3879
determine the share of the fund that is to be allocated to alcohol	3880
and drug addiction programs authorized by section 3793.02 of the	3881
Revised Code, and the share of the fund that is to be allocated to	3882
drivers' intervention programs authorized by section 3793.10 of	3883
the Revised Code.	3884

(b) Seventy-five dollars shall be credited to the reparations	3885
fund created by section 2743.191 of the Revised Code.	3886

(c) Thirty-seven dollars and fifty cents shall be credited to	3887
the indigent drivers alcohol treatment fund, which is hereby	3888
established. Except as otherwise provided in division (F)(2)(c) of	3889
this section, moneys in the fund shall be distributed by the	3890
department of alcohol and drug addiction services to the county	3891
indigent drivers alcohol treatment funds, the county juvenile	3892
indigent drivers alcohol treatment funds, and the municipal	3893
indigent drivers alcohol treatment funds that are required to be	3894
established by counties and municipal corporations pursuant to	3895
this section, and shall be used only to pay the cost of an alcohol	3896
and drug addiction treatment program attended by an offender or	3897
juvenile traffic offender who is ordered to attend an alcohol and	3898
drug addiction treatment program by a county, juvenile, or	3899
municipal court judge and who is determined by the county,	3900
juvenile, or municipal court judge not to have the means to pay	3901
for the person's attendance at the program or to pay the costs	3902
specified in division (H)(4) of this section in accordance with	3903
that division. In addition, a county, juvenile, or municipal court	3904
judge may use moneys in the county indigent drivers alcohol	3905
treatment fund, county juvenile indigent drivers alcohol treatment	3906
fund, or municipal indigent drivers alcohol treatment fund to pay	3907
for the cost of the continued use of an electronic continuous	3908
alcohol monitoring device as described in divisions (H)(3) and (4)	3909
of this section. Moneys in the fund that are not distributed to a	3910
county indigent drivers alcohol treatment fund, a county juvenile	3911
indigent drivers alcohol treatment fund, or a municipal indigent	3912
drivers alcohol treatment fund under division (H) of this section	3913
because the director of alcohol and drug addiction services does	3914
not have the information necessary to identify the county or	3915
municipal corporation where the offender or juvenile offender was	3916
arrested may be transferred by the director of budget and	3917
management to the statewide treatment and prevention fund created	3918
by section 4301.30 of the Revised Code, upon certification of the	3919
amount by the director of alcohol and drug addiction services.	3920

(d) Seventy-five dollars shall be credited to the Ohio	3921
rehabilitation services commission established by section 3304.12	3922
of the Revised Code, to the services for rehabilitation fund,	3923
which is hereby established. The fund shall be used to match	3924
available federal matching funds where appropriate, and for any	3925
other purpose or program of the commission to rehabilitate people	3926
with disabilities to help them become employed and independent.	3927

(e) Seventy-five dollars shall be deposited into the state	3928
treasury and credited to the drug abuse resistance education	3929
programs fund, which is hereby established, to be used by the	3930
attorney general for the purposes specified in division (F)(4) of	3931
this section.	3932

(f) Thirty dollars shall be credited to the state bureau of	3933
motor vehicles fund created by section 4501.25 of the Revised	3934
Code.	3935

(g) Twenty dollars shall be credited to the trauma and	3936
emergency medical services grants fund created by section 4513.263	3937
of the Revised Code.	3938

(3) If a person's driver's or commercial driver's license or	3939
permit is suspended under this section, under section 4511.196 or	3940
division (G) of section 4511.19 of the Revised Code, under section	3941
4510.07 of the Revised Code for a violation of a municipal OVI	3942
ordinance or under any combination of the suspensions described in	3943
division (F)(3) of this section, and if the suspensions arise from	3944
a single incident or a single set of facts and circumstances, the	3945
person is liable for payment of, and shall be required to pay to	3946
the bureau, only one reinstatement fee of four hundred twenty-five	3947
dollars. The reinstatement fee shall be distributed by the bureau	3948
in accordance with division (F)(2) of this section.	3949

(4) The attorney general shall use amounts in the drug abuse	3950
resistance education programs fund to award grants to law	3951
enforcement agencies to establish and implement drug abuse	3952
resistance education programs in public schools. Grants awarded to	3953
a law enforcement agency under this section shall be used by the	3954
agency to pay for not more than fifty per cent of the amount of	3955
the salaries of law enforcement officers who conduct drug abuse	3956
resistance education programs in public schools. The attorney	3957
general shall not use more than six per cent of the amounts the	3958
attorney general's office receives under division (F)(2)(e) of	3959
this section to pay the costs it incurs in administering the grant	3960
program established by division (F)(2)(e) of this section and in	3961
providing training and materials relating to drug abuse resistance	3962
education programs.	3963

The attorney general shall report to the governor and the	3964
general assembly each fiscal year on the progress made in	3965
establishing and implementing drug abuse resistance education	3966
programs. These reports shall include an evaluation of the	3967
effectiveness of these programs.	3968

(G) Suspension of a commercial driver's license under	3969
division (B) or (C) of this section shall be concurrent with any	3970
period of disqualification under section 3123.611 or 4506.16 of	3971
the Revised Code or any period of suspension under section 3123.58	3972
of the Revised Code. No person who is disqualified for life from	3973
holding a commercial driver's license under section 4506.16 of the	3974
Revised Code shall be issued a driver's license under Chapter	3975
4507. of the Revised Code during the period for which the	3976
commercial driver's license was suspended under division (B) or	3977
(C) of this section. No person whose commercial driver's license	3978
is suspended under division (B) or (C) of this section shall be	3979
issued a driver's license under Chapter 4507. of the Revised Code	3980
during the period of the suspension.	3981

(H)(1) Each county shall establish an indigent drivers	3982
alcohol treatment fund, each county shall establish a juvenile	3983
indigent drivers alcohol treatment fund, and each municipal	3984
corporation in which there is a municipal court shall establish an	3985
indigent drivers alcohol treatment fund. All revenue that the	3986
general assembly appropriates to the indigent drivers alcohol	3987
treatment fund for transfer to a county indigent drivers alcohol	3988
treatment fund, a county juvenile indigent drivers alcohol	3989
treatment fund, or a municipal indigent drivers alcohol treatment	3990
fund, all portions of fees that are paid under division (F) of	3991
this section and that are credited under that division to the	3992
indigent drivers alcohol treatment fund in the state treasury for	3993
a county indigent drivers alcohol treatment fund, a county	3994
juvenile indigent drivers alcohol treatment fund, or a municipal	3995
indigent drivers alcohol treatment fund, and all portions of fines	3996
that are specified for deposit into a county or municipal indigent	3997
drivers alcohol treatment fund by section 4511.193 of the Revised	3998
Code shall be deposited into that county indigent drivers alcohol	3999
treatment fund, county juvenile indigent drivers alcohol treatment	4000
fund, or municipal indigent drivers alcohol treatment fund in	4001
accordance with division (H)(2) of this section. Additionally, all	4002
portions of fines that are paid for a violation of section 4511.19	4003
of the Revised Code or of any prohibition contained in Chapter	4004
4510. of the Revised Code, and that are required under section	4005
4511.19 or any provision of Chapter 4510. of the Revised Code to	4006
be deposited into a county indigent drivers alcohol treatment fund	4007
or municipal indigent drivers alcohol treatment fund shall be	4008
deposited into the appropriate fund in accordance with the	4009
applicable division.	4010

(2) That portion of the license reinstatement fee that is	4011
paid under division (F) of this section and that is credited under	4012
that division to the indigent drivers alcohol treatment fund shall	4013
be deposited into a county indigent drivers alcohol treatment	4014
fund, a county juvenile indigent drivers alcohol treatment fund,	4015
or a municipal indigent drivers alcohol treatment fund as follows:	4016

(a) If the suspension in question was imposed under this	4017
section, that portion of the fee shall be deposited as follows:	4018

(i) If the fee is paid by a person who was charged in a	4019
county court with the violation that resulted in the suspension,	4020
the portion shall be deposited into the county indigent drivers	4021
alcohol treatment fund under the control of that court;	4022

(ii) If the fee is paid by a person who was charged in a	4023
juvenile court with the violation that resulted in the suspension,	4024
the portion shall be deposited into the county juvenile indigent	4025
drivers alcohol treatment fund established in the county served by	4026
the court;	4027

(iii) If the fee is paid by a person who was charged in a	4028
municipal court with the violation that resulted in the	4029
suspension, the portion shall be deposited into the municipal	4030
indigent drivers alcohol treatment fund under the control of that	4031
court.	4032

(b) If the suspension in question was imposed under section	4033
4511.19 of the Revised Code or under section 4510.07 of the	4034
Revised Code for a violation of a municipal OVI ordinance, that	4035
portion of the fee shall be deposited as follows:	4036

(i) If the fee is paid by a person whose license or permit	4037
was suspended by a county court, the portion shall be deposited	4038
into the county indigent drivers alcohol treatment fund under the	4039
control of that court;	4040

(ii) If the fee is paid by a person whose license or permit	4041
was suspended by a municipal court, the portion shall be deposited	4042
into the municipal indigent drivers alcohol treatment fund under	4043
the control of that court.	4044

(3) Expenditures from a county indigent drivers alcohol	4045
treatment fund, a county juvenile indigent drivers alcohol	4046
treatment fund, or a municipal indigent drivers alcohol treatment	4047
fund shall be made only upon the order of a county, juvenile, or	4048
municipal court judge and only for payment of the cost of the	4049
attendance at an alcohol and drug addiction treatment program of a	4050
person who is convicted of, or found to be a juvenile traffic	4051
offender by reason of, a violation of division (A) of section	4052
4511.19 of the Revised Code or a substantially similar municipal	4053
ordinance, who is ordered by the court to attend the alcohol and	4054
drug addiction treatment program, and who is determined by the	4055
court to be unable to pay the cost of attendance at the treatment	4056
program or for payment of the costs specified in division (H)(4)	4057
of this section in accordance with that division. The alcohol and	4058
drug addiction services board or the board of alcohol, drug	4059
addiction, and mental health services established pursuant to	4060
section 340.02 or 340.021 of the Revised Code and serving the	4061
alcohol, drug addiction, and mental health service district in	4062
which the court is located shall administer the indigent drivers	4063
alcohol treatment program of the court. When a court orders an	4064
offender or juvenile traffic offender to attend an alcohol and	4065
drug addiction treatment program, the board shall determine which	4066
program is suitable to meet the needs of the offender or juvenile	4067
traffic offender, and when a suitable program is located and space	4068
is available at the program, the offender or juvenile traffic	4069
offender shall attend the program designated by the board. A	4070
reasonable amount not to exceed five per cent of the amounts	4071
credited to and deposited into the county indigent drivers alcohol	4072
treatment fund, the county juvenile indigent drivers alcohol	4073
treatment fund, or the municipal indigent drivers alcohol	4074
treatment fund serving every court whose program is administered	4075
by that board shall be paid to the board to cover the costs it	4076
incurs in administering those indigent drivers alcohol treatment	4077
programs.	4078

In addition, a county, juvenile, or municipal court judge may	4079
use moneys in the county indigent drivers alcohol treatment fund,	4080
county juvenile indigent drivers alcohol treatment fund, or	4081
municipal indigent drivers alcohol treatment fund to pay for the	4082
continued use of an electronic continuous alcohol monitoring	4083
device by an offender or juvenile traffic offender, in conjunction	4084
with a treatment program approved by the department of alcohol and	4085
drug addiction services, when such use is determined clinically	4086
necessary by the treatment program and when the court determines	4087
that the offender or juvenile traffic offender is unable to pay	4088
all or part of the daily monitoring of the device.	4089

(4) If a county, juvenile, or municipal court determines, in	4090
consultation with the alcohol and drug addiction services board or	4091
the board of alcohol, drug addiction, and mental health services	4092
established pursuant to section 340.02 or 340.021 of the Revised	4093
Code and serving the alcohol, drug addiction, and mental health	4094
district in which the court is located, that the funds in the	4095
county indigent drivers alcohol treatment fund, the county	4096
juvenile indigent drivers alcohol treatment fund, or the municipal	4097
indigent drivers alcohol treatment fund under the control of the	4098
court are more than sufficient to satisfy the purpose for which	4099
the fund was established, as specified in divisions (H)(1) to (3)	4100
of this section, the court may declare a surplus in the fund. If	4101
the court declares a surplus in the fund, the court may expend the	4102
amount of the surplus in the fund for:	4103

(a) Alcohol and drug abuse assessment and treatment of	4104
persons who are charged in the court with committing a criminal	4105
offense or with being a delinquent child or juvenile traffic	4106
offender and in relation to whom both of the following apply:	4107

(i) The court determines that substance abuse was a	4108
contributing factor leading to the criminal or delinquent activity	4109
or the juvenile traffic offense with which the person is charged.	4110

(ii) The court determines that the person is unable to pay	4111
the cost of the alcohol and drug abuse assessment and treatment	4112
for which the surplus money will be used.	4113

(b) All or part of the cost of purchasing electronic	4114
continuous alcohol monitoring devices to be used in conjunction	4115
with division (H)(3) of this section.	4116

Sec. 4511.193.  (A) Twenty-five dollars of any fine imposed	4117
for a violation of a municipal OVI ordinance shall be deposited	4118
into the municipal or county indigent drivers alcohol treatment	4119
fund created pursuant to division (H) of section 4511.191 of the	4120
Revised Code in accordance with this section and section 733.40,	4121
divisions (A) and (B) of section 1901.024, division (F) of section	4122
1901.31, or division (C) of section 1907.20 of the Revised Code.	4123
Regardless of whether the fine is imposed by a municipal court, a	4124
mayor's court, or a juvenile court, if the fine was imposed for a	4125
violation of an ordinance of a municipal corporation that is	4126
within the jurisdiction of a municipal court, the twenty-five	4127
dollars that is subject to this section shall be deposited into	4128
the indigent drivers alcohol treatment fund of the municipal	4129
corporation in which is located the municipal court that has	4130
jurisdiction over that municipal corporation. Regardless of	4131
whether the fine is imposed by a county court, a mayor's court, or	4132
a juvenile court, if the fine was imposed for a violation of an	4133
ordinance of a municipal corporation that is within the	4134
jurisdiction of a county court, the twenty-five dollars that is	4135
subject to this section shall be deposited into the indigent	4136
drivers alcohol treatment fund of the county in which is located	4137
the county court that has jurisdiction over that municipal	4138
corporation. The deposit shall be made in accordance with section	4139
733.40, divisions (A) and (B) of section 1901.024, division (F) of	4140
section 1901.31, or division (C) of section 1907.20 of the Revised	4141
Code.	4142

(B)(1) The requirements and sanctions imposed by divisions	4143
(B)(1) and (2) of this section are an adjunct to and derive from	4144
the state's exclusive authority over the registration and titling	4145
of motor vehicles and do not comprise a part of the criminal	4146
sentence to be imposed upon a person who violates a municipal OVI	4147
ordinance.	4148

(2) If a person is convicted of or pleads guilty to a	4149
violation of a municipal OVI ordinance, if the vehicle the	4150
offender was operating at the time of the offense is registered in	4151
the offender's name, and if, within sixtwenty years of the	4152
current offense, the offender has been convicted of or pleaded	4153
guilty to one or more violations of division (A) or (B) of section	4154
4511.19 of the Revised Code or one or more other equivalent	4155
offenses, the court, in addition to and independent of any	4156
sentence that it imposes upon the offender for the offense, shall	4157
do whichever of the following is applicable:	4158

(a) Except as otherwise provided in division (B)(2)(b) of	4159
this section, if, within sixtwenty years of the current offense,	4160
the offender has been convicted of or pleaded guilty to one	4161
violation described in division (B)(2) of this section, the court	4162
shall order the immobilization for ninety days of that vehicle and	4163
the impoundment for ninety days of the license plates of that	4164
vehicle. The order for the immobilization and impoundment shall be	4165
issued and enforced in accordance with section 4503.233 of the	4166
Revised Code.	4167

(b) If, within sixtwenty years of the current offense, the	4168
offender has been convicted of or pleaded guilty to two or more	4169
violations described in division (B)(2) of this section, or if the	4170
offender previously has been convicted of or pleaded guilty to a	4171
violation of division (A) of section 4511.19 of the Revised Code	4172
under circumstances in which the violation was a felony and	4173
regardless of when the violation and the conviction or guilty plea	4174
occurred, the court shall order the criminal forfeiture to the	4175
state of that vehicle. The order of criminal forfeiture shall be	4176
issued and enforced in accordance with section 4503.234 of the	4177
Revised Code.	4178

Sec. 4511.195.  (A) As used in this section:

4179

(1) "Arrested person" means a person who is arrested for a	4180
violation of division (A) of section 4511.19 of the Revised Code	4181
or a municipal OVI ordinance and whose arrest results in a vehicle	4182
being seized under division (B) of this section.	4183

(2) "Vehicle owner" means either of the following:

4184

(a) The person in whose name is registered, at the time of	4185
the seizure, a vehicle that is seized under division (B) of this	4186
section;	4187

(b) A person to whom the certificate of title to a vehicle	4188
that is seized under division (B) of this section has been	4189
assigned and who has not obtained a certificate of title to the	4190
vehicle in that person's name, but who is deemed by the court as	4191
being the owner of the vehicle at the time the vehicle was seized	4192
under division (B) of this section.	4193

(3) "Interested party" includes the owner of a vehicle seized	4194
under this section, all lienholders, the arrested person, the	4195
owner of the place of storage at which a vehicle seized under this	4196
section is stored, and the person or entity that caused the	4197
vehicle to be removed.	4198

(B)(1) The arresting officer or another officer of the law	4199
enforcement agency that employs the arresting officer, in addition	4200
to any action that the arresting officer is required or authorized	4201
to take by section 4511.19 or 4511.191 of the Revised Code or by	4202
any other provision of law, shall seize the vehicle that a person	4203
was operating at the time of the alleged offense and its license	4204
plates if the vehicle is registered in the arrested person's name	4205
and if either of the following applies:	4206

(a) The person is arrested for a violation of division (A) of	4207
section 4511.19 of the Revised Code or of a municipal OVI	4208
ordinance and, within sixtwenty years of the alleged violation,	4209
the person previously has been convicted of or pleaded guilty to	4210
one or more violations of division (A) or (B) of section 4511.19	4211
of the Revised Code or one or more other equivalent offenses.	4212

(b) The person is arrested for a violation of division (A) of	4213
section 4511.19 of the Revised Code or of a municipal OVI	4214
ordinance and the person previously has been convicted of or	4215
pleaded guilty to a violation of division (A) of section 4511.19	4216
of the Revised Code under circumstances in which the violation was	4217
a felony, regardless of when the prior felony violation of	4218
division (A) of section 4511.19 of the Revised Code and the	4219
conviction or guilty plea occurred.	4220

(2) A law enforcement agency that employs a law enforcement	4221
officer who makes an arrest of a type that is described in	4222
division (B)(1) of this section and that involves a rented or	4223
leased vehicle that is being rented or leased for a period of	4224
thirty days or less shall notify, within twenty-four hours after	4225
the officer makes the arrest, the lessor or owner of the vehicle	4226
regarding the circumstances of the arrest and the location at	4227
which the vehicle may be picked up. At the time of the seizure of	4228
the vehicle, the law enforcement officer who made the arrest shall	4229
give the arrested person written notice that the vehicle and its	4230
license plates have been seized; that the vehicle either will be	4231
kept by the officer's law enforcement agency or will be	4232
immobilized at least until the operator's initial appearance on	4233
the charge of the offense for which the arrest was made; that, at	4234
the initial appearance, the court in certain circumstances may	4235
order that the vehicle and license plates be released to the	4236
arrested person until the disposition of that charge; and that, if	4237
the arrested person is convicted of that charge, the court	4238
generally must order the immobilization of the vehicle and the	4239
impoundment of its license plates, or the forfeiture of the	4240
vehicle.	4241

(3) The arresting officer or a law enforcement officer of the	4242
agency that employs the arresting officer shall give written	4243
notice of the seizure to the court that will conduct the initial	4244
appearance of the arrested person on the charges arising out of	4245
the arrest. Upon receipt of the notice, the court promptly shall	4246
determine whether the arrested person is the vehicle owner. If the	4247
court determines that the arrested person is not the vehicle	4248
owner, it promptly shall send by regular mail written notice of	4249
the seizure to the vehicle's registered owner. The written notice	4250
shall contain all of the information required by division (B)(2)	4251
of this section to be in a notice to be given to the arrested	4252
person and also shall specify the date, time, and place of the	4253
arrested person's initial appearance. The notice also shall	4254
inform the vehicle owner that if title to a motor vehicle that is	4255
subject to an order for criminal forfeiture under this section is	4256
assigned or transferred and division (B)(2) or (3) of section	4257
4503.234 of the Revised Code applies, the court may fine the	4258
arrested person the value of the vehicle. The notice also shall	4259
state that if the vehicle is immobilized under division (A) of	4260
section 4503.233 of the Revised Code, seven days after the end of	4261
the period of immobilization a law enforcement agency will send	4262
the vehicle owner a notice, informing the owner that if the	4263
release of the vehicle is not obtained in accordance with division	4264
(D)(3) of section 4503.233 of the Revised Code, the vehicle shall	4265
be forfeited. The notice also shall inform the vehicle owner that	4266
the vehicle owner may be charged expenses or charges incurred	4267
under this section and section 4503.233 of the Revised Code for	4268
the removal and storage of the vehicle.	4269

The written notice that is given to the arrested person also	4270
shall state that if the person is convicted of or pleads guilty to	4271
the offense and the court issues an immobilization and impoundment	4272
order relative to that vehicle, division (D)(4) of section	4273
4503.233 of the Revised Code prohibits the vehicle from being sold	4274
during the period of immobilization without the prior approval of	4275
the court.	4276

(4) At or before the initial appearance, the vehicle owner	4277
may file a motion requesting the court to order that the vehicle	4278
and its license plates be released to the vehicle owner. Except as	4279
provided in this division and subject to the payment of expenses	4280
or charges incurred in the removal and storage of the vehicle, the	4281
court, in its discretion, then may issue an order releasing the	4282
vehicle and its license plates to the vehicle owner. Such an order	4283
may be conditioned upon such terms as the court determines	4284
appropriate, including the posting of a bond in an amount	4285
determined by the court. If the arrested person is not the vehicle	4286
owner and if the vehicle owner is not present at the arrested	4287
person's initial appearance, and if the court believes that the	4288
vehicle owner was not provided with adequate notice of the initial	4289
appearance, the court, in its discretion, may allow the vehicle	4290
owner to file a motion within seven days of the initial	4291
appearance. If the court allows the vehicle owner to file such a	4292
motion after the initial appearance, the extension of time granted	4293
by the court does not extend the time within which the initial	4294
appearance is to be conducted. If the court issues an order for	4295
the release of the vehicle and its license plates, a copy of the	4296
order shall be made available to the vehicle owner. If the vehicle	4297
owner presents a copy of the order to the law enforcement agency	4298
that employs the law enforcement officer who arrested the arrested	4299
person, the law enforcement agency promptly shall release the	4300
vehicle and its license plates to the vehicle owner upon payment	4301
by the vehicle owner of any expenses or charges incurred in the	4302
removal and storage of the vehicle.	4303

(5) A vehicle seized under division (B)(1) of this section	4304
either shall be towed to a place specified by the law enforcement	4305
agency that employs the arresting officer to be safely kept by the	4306
agency at that place for the time and in the manner specified in	4307
this section or shall be otherwise immobilized for the time and in	4308
the manner specified in this section. A law enforcement officer of	4309
that agency shall remove the identification license plates of the	4310
vehicle, and they shall be safely kept by the agency for the time	4311
and in the manner specified in this section. No vehicle that is	4312
seized and either towed or immobilized pursuant to this division	4313
shall be considered contraband for purposes of section 2933.41,	4314
2933.42, or 2933.43 of the Revised Code. The vehicle shall not be	4315
immobilized at any place other than a commercially operated	4316
private storage lot, a place owned by a law enforcement agency or	4317
other government agency, or a place to which one of the following	4318
applies:	4319

(a) The place is leased by or otherwise under the control of	4320
a law enforcement agency or other government agency.	4321

(b) The place is owned by the vehicle operator, the vehicle	4322
operator's spouse, or a parent or child of the vehicle operator.	4323

(c) The place is owned by a private person or entity, and,	4324
prior to the immobilization, the private entity or person that	4325
owns the place, or the authorized agent of that private entity or	4326
person, has given express written consent for the immobilization	4327
to be carried out at that place.	4328

(d) The place is a street or highway on which the vehicle is	4329
parked in accordance with the law.	4330

(C)(1) A vehicle seized under division (B) of this section	4331
shall be safely kept at the place to which it is towed or	4332
otherwise moved by the law enforcement agency that employs the	4333
arresting officer until the initial appearance of the arrested	4334
person relative to the charge in question. The license plates of	4335
the vehicle that are removed pursuant to division (B) of this	4336
section shall be safely kept by the law enforcement agency that	4337
employs the arresting officer until the initial appearance of the	4338
arrested person relative to the charge in question.	4339

(2)(a) At the initial appearance or not less than seven days	4340
prior to the date of final disposition, the court shall notify the	4341
arrested person that, if title to a motor vehicle that is subject	4342
to an order for criminal forfeiture under this section is assigned	4343
or transferred and division (B)(2) or (3) of section 4503.234 of	4344
the Revised Code applies, the court may fine the arrested person	4345
the value of the vehicle. If, at the initial appearance, the	4346
arrested person pleads guilty to the violation of division (A) of	4347
section 4511.19 of the Revised Code or of the municipal OVI	4348
ordinance or pleads no contest to and is convicted of the	4349
violation, the court shall impose sentence upon the person as	4350
provided by law or ordinance; the court shall order the	4351
immobilization of the vehicle the arrested person was operating at	4352
the time of the offense if registered in the arrested person's	4353
name and the impoundment of its license plates under section	4354
4503.233 and section 4511.19 or 4511.193 of the Revised Code or	4355
the criminal forfeiture to the state of the vehicle if registered	4356
in the arrested person's name under section 4503.234 and section	4357
4511.19 or 4511.193 of the Revised Code, whichever is applicable;	4358
and the vehicle and its license plates shall not be returned or	4359
released to the arrested person.	4360

(b) If, at any time, the charge that the arrested person	4361
violated division (A) of section 4511.19 of the Revised Code or	4362
the municipal OVI ordinance is dismissed for any reason, the court	4363
shall order that the vehicle seized at the time of the arrest and	4364
its license plates immediately be released to the person.	4365

(D) If a vehicle and its license plates are seized under	4366
division (B) of this section and are not returned or released to	4367
the arrested person pursuant to division (C) of this section, the	4368
vehicle and its license plates shall be retained until the final	4369
disposition of the charge in question. Upon the final disposition	4370
of that charge, the court shall do whichever of the following is	4371
applicable:	4372

(1) If the arrested person is convicted of or pleads guilty	4373
to the violation of division (A) of section 4511.19 of the Revised	4374
Code or of the municipal OVI ordinance, the court shall impose	4375
sentence upon the person as provided by law or ordinance and shall	4376
order the immobilization of the vehicle the person was operating	4377
at the time of the offense if it is registered in the arrested	4378
person's name and the impoundment of its license plates under	4379
section 4503.233 and section 4511.19 or 4511.193 of the Revised	4380
Code, or the criminal forfeiture of the vehicle if it is	4381
registered in the arrested person's name under section 4503.234	4382
and section 4511.19 or 4511.193 of the Revised Code, whichever is	4383
applicable.	4384

(2) If the arrested person is found not guilty of the	4385
violation of division (A) of section 4511.19 of the Revised Code	4386
or of the municipal OVI ordinance, the court shall order that the	4387
vehicle and its license plates immediately be released to the	4388
arrested person.	4389

(3) If the charge that the arrested person violated division	4390
(A) of section 4511.19 of the Revised Code or the municipal OVI	4391
ordinance is dismissed for any reason, the court shall order that	4392
the vehicle and its license plates immediately be released to the	4393
arrested person.	4394

(4) If the impoundment of the vehicle was not authorized	4395
under this section, the court shall order that the vehicle and its	4396
license plates be returned immediately to the arrested person or,	4397
if the arrested person is not the vehicle owner, to the vehicle	4398
owner, and shall order that the state or political subdivision of	4399
the law enforcement agency served by the law enforcement officer	4400
who seized the vehicle pay all expenses and charges incurred in	4401
its removal and storage.	4402

(E) If a vehicle is seized under division (B) of this	4403
section, the time between the seizure of the vehicle and either	4404
its release to the arrested person under division (C) of this	4405
section or the issuance of an order of immobilization of the	4406
vehicle under section 4503.233 of the Revised Code shall be	4407
credited against the period of immobilization ordered by the	4408
court.	4409

(F)(1) Except as provided in division (D)(4) of this section,	4410
the arrested person may be charged expenses or charges incurred in	4411
the removal and storage of the immobilized vehicle. The court with	4412
jurisdiction over the case, after notice to all interested	4413
parties, including lienholders, and after an opportunity for them	4414
to be heard, if the court finds that the arrested person does not	4415
intend to seek release of the vehicle at the end of the period of	4416
immobilization under section 4503.233 of the Revised Code or that	4417
the arrested person is not or will not be able to pay the expenses	4418
and charges incurred in its removal and storage, may order that	4419
title to the vehicle be transferred, in order of priority, first	4420
into the name of the person or entity that removed it, next into	4421
the name of a lienholder, or lastly into the name of the owner of	4422
the place of storage.	4423

Any lienholder that receives title under a court order shall	4424
do so on the condition that it pay any expenses or charges	4425
incurred in the vehicle's removal and storage. If the person or	4426
entity that receives title to the vehicle is the person or entity	4427
that removed it, the person or entity shall receive title on the	4428
condition that it pay any lien on the vehicle. The court shall not	4429
order that title be transferred to any person or entity other than	4430
the owner of the place of storage if the person or entity refuses	4431
to receive the title. Any person or entity that receives title	4432
either may keep title to the vehicle or may dispose of the vehicle	4433
in any legal manner that it considers appropriate, including	4434
assignment of the certificate of title to the motor vehicle to a	4435
salvage dealer or a scrap metal processing facility. The person or	4436
entity shall not transfer the vehicle to the person who is the	4437
vehicle's immediate previous owner.	4438

If the person or entity that receives title assigns the motor	4439
vehicle to a salvage dealer or scrap metal processing facility,	4440
the person or entity shall send the assigned certificate of title	4441
to the motor vehicle to the clerk of the court of common pleas of	4442
the county in which the salvage dealer or scrap metal processing	4443
facility is located. The person or entity shall mark the face of	4444
the certificate of title with the words "FOR DESTRUCTION" and	4445
shall deliver a photocopy of the certificate of title to the	4446
salvage dealer or scrap metal processing facility for its records.	4447

(2) Whenever a court issues an order under division (F)(1) of	4448
this section, the court also shall order removal of the license	4449
plates from the vehicle and cause them to be sent to the registrar	4450
of motor vehicles if they have not already been sent to the	4451
registrar. Thereafter, no further proceedings shall take place	4452
under this section or under section 4503.233 of the Revised Code.	4453

(3) Prior to initiating a proceeding under division (F)(1) of	4454
this section, and upon payment of the fee under division (B) of	4455
section 4505.14 of the Revised Code, any interested party may	4456
cause a search to be made of the public records of the bureau of	4457
motor vehicles or the clerk of the court of common pleas, to	4458
ascertain the identity of any lienholder of the vehicle. The	4459
initiating party shall furnish this information to the clerk of	4460
the court with jurisdiction over the case, and the clerk shall	4461
provide notice to the arrested person, any lienholder, and any	4462
other interested parties listed by the initiating party, at the	4463
last known address supplied by the initiating party, by certified	4464
mail or, at the option of the initiating party, by personal	4465
service or ordinary mail.	4466

Section 2. That existing sections 2152.02, 2152.19, 2921.38,	4467
2921.51, 2929.14, 2929.19, 2967.28, 4510.07, 4510.13, 4510.14,	4468
4510.17, 4510.31, 4511.19, 4511.191, 4511.193, and 4511.195 of the	4469
Revised Code are hereby repealed.	4470

Section 3. (A) The General Assembly hereby declares that its	4471
purpose in amending sections 2929.14, 2929.19, and 2967.28 and	4472
enacting section 2929.191 of the Revised Code in Sections 1 and 2	4473
of this act is to reaffirm that, under the amended sections as	4474
they existed prior to the effective date of this act: (1) by	4475
operation of law and without need for any prior notification or	4476
warning, every convicted offender sentenced to a prison term for a	4477
felony of the first or second degree, for a felony sex offense, or	4478
for a felony of the third degree that is not a felony sex offense	4479
and in the commission of which the offender caused or threatened	4480
to cause physical harm to a person always is subject to a period	4481
of post-release control after the offender's release from	4482
imprisonment pursuant to and for the period of time described in	4483
division (B) of section 2967.28 of the Revised Code; (2) by	4484
operation of law, every convicted offender sentenced to a prison	4485
term for a felony of the third, fourth, or fifth degree that is	4486
not subject to the provision described in clause (1) of this	4487
sentence is subject to a period of post-release control after the	4488
offender's release from imprisonment pursuant to division (C) of	4489
section 2967.28 of the Revived Code if the parole board determines	4490
in accordance with specified criteria that post-release control is	4491
necessary; and (3) by operation of law and without need for any	4492
prior notification or warning, every convicted offender sentenced	4493
to a prison term and subjected to supervision under a period of	4494
post-release control after the offender's release from	4495
imprisonment always is subject to having the Parole Board impose	4496
in accordance with section 2967.28 of the Revised Code a prison	4497
term of up to one-half of the stated prison term originally	4498
imposed upon the offender if the offender violates that	4499
supervision or a condition of post-release control imposed under	4500
division (B) of section 2967.131 of the Revised Code.	4501

(B) The General Assembly hereby declares that it believes	4502
that the amendments made to sections 2929.14, 2929.19, and 2967.28	4503
and the enactment of section 2929.191 of the Revised Code in	4504
Sections 1 and 2 of this act are not substantive in nature and	4505
merely clarify that the amended sections operate as described in	4506
division (A) of this Section, that the convicted offenders	4507
described in clause (1) under division (A) of this Section always	4508
are subject by operation of law and without need for any prior	4509
notification or warning to a period of post-release control after	4510
their release from imprisonment as described in that division,	4511
that the convicted offenders described in clause (2) under	4512
division (A) of this Section are subject by operation of law to	4513
post-release control after their release from imprisonment if the	4514
Parole Board makes certain determinations, that the convicted	4515
offenders described in clause (3) under division (A) of this	4516
Section always are subject by operation of law to having the	4517
Parole Board impose a prison term if they violate their	4518
supervision or a condition of post-release control as described in	4519
that division, and that the amendments made to sections 2929.14,	4520
2929.19, and 2967.28 and the enactment of section 2929.191 of the	4521
Revised Code in Sections 1 and 2 of this act thus are remedial in	4522
nature. The General Assembly declares that it intends that the	4523
clarifying, remedial amendments made to sections 2929.14, 2929.19,	4524
and 2967.28 and the enactment of section 2929.191 of the Revised	4525
Code in Sections 1 and 2 of this act apply to all convicted	4526
offenders described in division (A) of this Section, regardless of	4527
whether they were sentenced prior to, or are sentenced on or	4528
after, the effective date of this act.	4529

Section 4. Section 2921.38 of the Revised Code, as amended by	4530
this act, shall take effect ninety days after the effective date	4531
of this act.	4532

Section 5. This act is hereby declared to be an emergency	4533
measure necessary for the immediate preservation of the public	4534
peace, health, and safety. The reason for such necessity is that	4535
the amendments made in this act are crucially needed to clarify	4536
the law to protect the residents of this state from the	4537
consequences that might result if the state is forced to release	4538
without supervision offenders who have been convicted of serious	4539
offenses and imprisoned, solely because the offenders were not	4540
provided notice of the fact that the law always requires their	4541
supervision upon release from prison. Therefore, this act shall go	4542
into immediate effect.	4543