As Passed by the Senate

126th General Assembly Regular Session 2005-2006

Am. Sub. H. B. No. 461

Representatives Wolpert, Yuko, Ujvagi, Otterman, Healy, Latta, Evans, D., Gilb, Hughes, Barrett, Bubp, Cassell, Chandler, Collier, Combs, Core, Daniels, DeGeeter, Distel, Domenick, Evans, C., Faber, Fende, Fessler, Flowers, Gibbs, Hagan, Hartnett, Harwood, Kilbane, Law, Martin, Mason, McGregor, J., McGregor, R., Oelslager, Patton, T., Raussen, Reidelbach, Schaffer, Schlichter, Schneider, Smith, G., Stewart, J., Taylor, Wagner, Wagoner, Webster, White, Widener, Williams 

Senators Grendell, Stivers, Jordan, Cates, Gardner, Harris, Wachtmann, Mumper 

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A BILL

To amend sections 2743.51, 2743.56, 2903.06, 2903.08,

1

2903.11, 2909.32, 2909.33, 2909.34, 2923.02,

2

2929.01, 2929.02, 2929.13, 2929.14, 2929.18,

3

2929.19, 2945.75, 2953.08, 4503.233, 4503.234,

4

4507.02, 4507.08, 4507.164, 4510.10, 4510.13,

5

4510.16, 4510.161, 4510.41, 4510.54, and 4511.19

6

and to enact sections 2929.142 and 4510.18 of the

7

Revised Code, and to amend Section 6 of Am. Sub.

8

S.B. 238 of the 126th General Assembly, to

9

increase the prison term for aggravated vehicular

10

homicide when the offender has at least three

11

prior convictions of OVI, OVUAC, or the OVI-type

12

offense related to vessels or aircraft, of

13

aggravated vehicular homicide or aggravated

14

vehicular assault based on OVI or the OVI-type

15

offense related to vessels or aircraft, or of

16

involuntary manslaughter based on OVI, OVUAC, or

17

an OVI-type offense related to snowmobiles,

18

locomotives, watercraft, or aircraft; to require a

19

court to impose a Class 2 driver's license

20

suspension for aggravated murder, murder,

21

attempted murder, or felonious assault by means of

22

a motor vehicle; to increase the length of the

23

driver's license suspension required for

24

aggravated vehicular homicide or vehicular

25

homicide if the offender previously was convicted

26

of a traffic-related murder, felonious assault, or

27

attempted murder; to permit a court to impose a

28

lifetime driver's license suspension for

29

aggravated vehicular assault if the offender

30

previously was convicted of a traffic-related

31

homicide, manslaughter, or assault offense or a

32

traffic-related murder, felonious assault, or

33

attempted murder; to establish that driving under

34

a lifetime suspension imposed for one of those

35

offenses in those circumstances is a felony of the

36

third degree; to allow a certified copy of a BMV

37

record to be used as proof of a prior conviction;

38

to expand the circumstances in which evidence on

39

the concentration of alcohol, drugs of abuse, or a

40

combination of them in a person's blood, breath,

41

or urine may be admitted as evidence; to allow a

42

person who suffers serious physical harm as a

43

result of a hit-skip accident to file a claim for

44

an award of reparations from the Crime Victims

45

Reparations Fund; to make immobilization of a

46

vehicle and impoundment of its license plates for

47

the offense of "driving under financial

48

responsibility law suspension or cancellation" or

49

a violation of a comparable municipal ordinance

50

discretionary rather than mandatory when the

51

offender has no previous conviction in the

52

preceding five years; to authorize the imposition

53

of a fine equal to the value of the vehicle when

54

title to a vehicle that is subject to an

55

immobilization order is assigned or transferred

56

without court approval; and to revise the

57

procedures pursuant to which a court may order a

58

payment plan or extension of time for payment of

59

reinstatement fees owed by an offender relative to

60

a suspension of driving privileges; to exempt

61

specified federally insured depository

62

institutions from provisions in current law that

63

require a declaration of material

64

assistance/nonassistance to terrorists, designate

65

the Office of Budget and Management as the

66

repository for business precertifications, modify

67

the precertification process, and establish a fine

68

for failure to certify; and to extend the date by

69

which the Task Force on Implementing the Federal

70

Domestic Violence Option in Ohio must submit its

71

report to the General Assembly and the Governor.

72

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

Section 1. That sections 2743.51, 2743.56, 2903.06, 2903.08,	73
2903.11, 2909.32, 2909.33, 2909.34, 2923.02, 2929.01, 2929.02,	74
2929.13, 2929.14, 2929.18, 2929.19, 2945.75, 2953.08, 4503.233,	75
4503.234, 4507.02, 4507.08, 4507.164, 4510.10, 4510.13, 4510.16,	76
4510.161, 4510.41, 4510.54, and 4511.19 be amended and sections	77
2929.142 and 4510.18 of the Revised Code be enacted to read as	78
follows:	79

Sec. 2743.51.  As used in sections 2743.51 to 2743.72 of the	80
Revised Code:	81

(A) "Claimant" means both of the following categories of	82
persons:	83

(1) Any of the following persons who claim an award of	84
reparations under sections 2743.51 to 2743.72 of the Revised Code:	85

(a) A victim who was one of the following at the time of the	86
criminally injurious conduct:	87

(i) A resident of the United States;

88

(ii) A resident of a foreign country the laws of which permit	89
residents of this state to recover compensation as victims of	90
offenses committed in that country.	91

(b) A dependent of a deceased victim who is described in	92
division (A)(1)(a) of this section;	93

(c) A third person, other than a collateral source, who	94
legally assumes or voluntarily pays the obligations of a victim,	95
or of a dependent of a victim, who is described in division	96
(A)(1)(a) of this section, which obligations are incurred as a	97
result of the criminally injurious conduct that is the subject of	98
the claim and may include, but are not limited to, medical or	99
burial expenses;	100

(d) A person who is authorized to act on behalf of any person	101
who is described in division (A)(1)(a), (b), or (c) of this	102
section;	103

(e) The estate of a deceased victim who is described in	104
division (A)(1)(a) of this section.	105

(2) Any of the following persons who claim an award of	106
reparations under sections 2743.51 to 2743.72 of the Revised Code:	107

(a) A victim who had a permanent place of residence within	108
this state at the time of the criminally injurious conduct and	109
who, at the time of the criminally injurious conduct, complied	110
with any one of the following:	111

(i) Had a permanent place of employment in this state;

112

(ii) Was a member of the regular armed forces of the United	113
States or of the United States coast guard or was a full-time	114
member of the Ohio organized militia or of the United States army	115
reserve, naval reserve, or air force reserve;	116

(iii) Was retired and receiving social security or any other	117
retirement income;	118

(iv) Was sixty years of age or older;

119

(v) Was temporarily in another state for the purpose of	120
receiving medical treatment;	121

(vi) Was temporarily in another state for the purpose of	122
performing employment-related duties required by an employer	123
located within this state as an express condition of employment or	124
employee benefits;	125

(vii) Was temporarily in another state for the purpose of	126
receiving occupational, vocational, or other job-related training	127
or instruction required by an employer located within this state	128
as an express condition of employment or employee benefits;	129

(viii) Was a full-time student at an academic institution,	130
college, or university located in another state;	131

(ix) Had not departed the geographical boundaries of this	132
state for a period exceeding thirty days or with the intention of	133
becoming a citizen of another state or establishing a permanent	134
place of residence in another state.	135

(b) A dependent of a deceased victim who is described in	136
division (A)(2)(a) of this section;	137

(c) A third person, other than a collateral source, who	138
legally assumes or voluntarily pays the obligations of a victim,	139
or of a dependent of a victim, who is described in division	140
(A)(2)(a) of this section, which obligations are incurred as a	141
result of the criminally injurious conduct that is the subject of	142
the claim and may include, but are not limited to, medical or	143
burial expenses;	144

(d) A person who is authorized to act on behalf of any person	145
who is described in division (A)(2)(a), (b), or (c) of this	146
section;	147

(e) The estate of a deceased victim who is described in	148
division (A)(2)(a) of this section.	149

(B) "Collateral source" means a source of benefits or	150
advantages for economic loss otherwise reparable that the victim	151
or claimant has received, or that is readily available to the	152
victim or claimant, from any of the following sources:	153

(1) The offender;

154

(2) The government of the United States or any of its	155
agencies, a state or any of its political subdivisions, or an	156
instrumentality of two or more states, unless the law providing	157
for the benefits or advantages makes them excess or secondary to	158
benefits under sections 2743.51 to 2743.72 of the Revised Code;	159

(3) Social security, medicare, and medicaid;

160

(4) State-required, temporary, nonoccupational disability	161
insurance;	162

(5) Workers' compensation;

163

(6) Wage continuation programs of any employer;

164

(7) Proceeds of a contract of insurance payable to the victim	165
for loss that the victim sustained because of the criminally	166
injurious conduct;	167

(8) A contract providing prepaid hospital and other health	168
care services, or benefits for disability;	169

(9) That portion of the proceeds of all contracts of	170
insurance payable to the claimant on account of the death of the	171
victim that exceeds fifty thousand dollars;	172

(10) Any compensation recovered or recoverable under the laws	173
of another state, district, territory, or foreign country because	174
the victim was the victim of an offense committed in that state,	175
district, territory, or country.	176

"Collateral source" does not include any money, or the	177
monetary value of any property, that is subject to sections	178
2969.01 to 2969.06 of the Revised Code or that is received as a	179
benefit from the Ohio public safety officers death benefit fund	180
created by section 742.62 of the Revised Code.	181

(C) "Criminally injurious conduct" means one of the	182
following:	183

(1) For the purposes of any person described in division	184
(A)(1) of this section, any conduct that occurs or is attempted in	185
this state; poses a substantial threat of personal injury or	186
death; and is punishable by fine, imprisonment, or death, or would	187
be so punishable but for the fact that the person engaging in the	188
conduct lacked capacity to commit the crime under the laws of this	189
state. Criminally injurious conduct does not include conduct	190
arising out of the ownership, maintenance, or use of a motor	191
vehicle, except when any of the following applies:	192

(a) The person engaging in the conduct intended to cause	193
personal injury or death;	194

(b) The person engaging in the conduct was using the vehicle	195
to flee immediately after committing a felony or an act that would	196
constitute a felony but for the fact that the person engaging in	197
the conduct lacked the capacity to commit the felony under the	198
laws of this state;	199

(c) The person engaging in the conduct was using the vehicle	200
in a manner that constitutes an OVI violation;	201

(d) The conduct occurred on or after July 25, 1990, and the	202
person engaging in the conduct was using the vehicle in a manner	203
that constitutes a violation of section 2903.08 of the Revised	204
Code;	205

(e) The person engaging in the conduct acted in a manner that	206
caused serious physical harm to a person and that constituted a	207
violation of section 4549.02 or 4549.021 of the Revised Code.	208

(2) For the purposes of any person described in division	209
(A)(2) of this section, any conduct that occurs or is attempted in	210
another state, district, territory, or foreign country; poses a	211
substantial threat of personal injury or death; and is punishable	212
by fine, imprisonment, or death, or would be so punishable but for	213
the fact that the person engaging in the conduct lacked capacity	214
to commit the crime under the laws of the state, district,	215
territory, or foreign country in which the conduct occurred or was	216
attempted. Criminally injurious conduct does not include conduct	217
arising out of the ownership, maintenance, or use of a motor	218
vehicle, except when any of the following applies:	219

(a) The person engaging in the conduct intended to cause	220
personal injury or death;	221

(b) The person engaging in the conduct was using the vehicle	222
to flee immediately after committing a felony or an act that would	223
constitute a felony but for the fact that the person engaging in	224
the conduct lacked the capacity to commit the felony under the	225
laws of the state, district, territory, or foreign country in	226
which the conduct occurred or was attempted;	227

(c) The person engaging in the conduct was using the vehicle	228
in a manner that constitutes an OVI violation;	229

(d) The conduct occurred on or after July 25, 1990, the	230
person engaging in the conduct was using the vehicle in a manner	231
that constitutes a violation of any law of the state, district,	232
territory, or foreign country in which the conduct occurred, and	233
that law is substantially similar to a violation of section	234
2903.08 of the Revised Code;	235

(e) The person engaging in the conduct acted in a manner that	236
caused serious physical harm to a person and that constituted a	237
violation of any law of the state, district, territory, or foreign	238
country in which the conduct occurred, and that law is	239
substantially similar to section 4549.02 or 4549.021 of the	240
Revised Code.	241

(3) For the purposes of any person described in division	242
(A)(1) or (2) of this section, terrorism that occurs within or	243
outside the territorial jurisdiction of the United States.	244

(D) "Dependent" means an individual wholly or partially	245
dependent upon the victim for care and support, and includes a	246
child of the victim born after the victim's death.	247

(E) "Economic loss" means economic detriment consisting only	248
of allowable expense, work loss, funeral expense, unemployment	249
benefits loss, replacement services loss, cost of crime scene	250
cleanup, and cost of evidence replacement. If criminally injurious	251
conduct causes death, economic loss includes a dependent's	252
economic loss and a dependent's replacement services loss.	253
Noneconomic detriment is not economic loss; however, economic loss	254
may be caused by pain and suffering or physical impairment.	255

(F)(1) "Allowable expense" means reasonable charges incurred	256
for reasonably needed products, services, and accommodations,	257
including those for medical care, rehabilitation, rehabilitative	258
occupational training, and other remedial treatment and care and	259
including replacement costs for eyeglasses and other corrective	260
lenses. It does not include that portion of a charge for a room in	261
a hospital, clinic, convalescent home, nursing home, or any other	262
institution engaged in providing nursing care and related services	263
in excess of a reasonable and customary charge for semiprivate	264
accommodations, unless accommodations other than semiprivate	265
accommodations are medically required.	266

(2) An immediate family member of a victim of criminally	267
injurious conduct that consists of a homicide, a sexual assault,	268
domestic violence, or a severe and permanent incapacitating injury	269
resulting in paraplegia or a similar life-altering condition, who	270
requires psychiatric care or counseling as a result of the	271
criminally injurious conduct, may be reimbursed for that care or	272
counseling as an allowable expense through the victim's	273
application. The cumulative allowable expense for care or	274
counseling of that nature shall not exceed two thousand five	275
hundred dollars for each immediate family member of a victim of	276
that type and seven thousand five hundred dollars in the aggregate	277
for all immediate family members of a victim of that type.	278

(3) A family member of a victim who died as a proximate	279
result of criminally injurious conduct may be reimbursed as an	280
allowable expense through the victim's application for wages lost	281
and travel expenses incurred in order to attend criminal justice	282
proceedings arising from the criminally injurious conduct. The	283
cumulative allowable expense for wages lost and travel expenses	284
incurred by a family member to attend criminal justice proceedings	285
shall not exceed five hundred dollars for each family member of	286
the victim and two thousand dollars in the aggregate for all	287
family members of the victim.	288

(4) "Allowable expense" includes attorney's fees not	289
exceeding two thousand five hundred dollars, at a rate not	290
exceeding one hundred fifty dollars per hour, incurred to	291
successfully obtain a restraining order, custody order, or other	292
order to physically separate a victim from an offender, if the	293
attorney has not received payment under section 2743.65 of the	294
Revised Code for assisting a claimant with an application for an	295
award of reparations under sections 2743.51 to 2743.72 of the	296
Revised Code.	297

(G) "Work loss" means loss of income from work that the	298
injured person would have performed if the person had not been	299
injured and expenses reasonably incurred by the person to obtain	300
services in lieu of those the person would have performed for	301
income, reduced by any income from substitute work actually	302
performed by the person, or by income the person would have earned	303
in available appropriate substitute work that the person was	304
capable of performing but unreasonably failed to undertake.	305

(H) "Replacement services loss" means expenses reasonably	306
incurred in obtaining ordinary and necessary services in lieu of	307
those the injured person would have performed, not for income, but	308
for the benefit of the person's self or family, if the person had	309
not been injured.	310

(I) "Dependent's economic loss" means loss after a victim's	311
death of contributions of things of economic value to the victim's	312
dependents, not including services they would have received from	313
the victim if the victim had not suffered the fatal injury, less	314
expenses of the dependents avoided by reason of the victim's	315
death. If a minor child of a victim is adopted after the victim's	316
death, the minor child continues after the adoption to incur a	317
dependent's economic loss as a result of the victim's death. If	318
the surviving spouse of a victim remarries, the surviving spouse	319
continues after the remarriage to incur a dependent's economic	320
loss as a result of the victim's death.	321

(J) "Dependent's replacement services loss" means loss	322
reasonably incurred by dependents after a victim's death in	323
obtaining ordinary and necessary services in lieu of those the	324
victim would have performed for their benefit if the victim had	325
not suffered the fatal injury, less expenses of the dependents	326
avoided by reason of the victim's death and not subtracted in	327
calculating the dependent's economic loss. If a minor child of a	328
victim is adopted after the victim's death, the minor child	329
continues after the adoption to incur a dependent's replacement	330
services loss as a result of the victim's death. If the surviving	331
spouse of a victim remarries, the surviving spouse continues after	332
the remarriage to incur a dependent's replacement services loss as	333
a result of the victim's death.	334

(K) "Noneconomic detriment" means pain, suffering,	335
inconvenience, physical impairment, or other nonpecuniary damage.	336

(L) "Victim" means a person who suffers personal injury or	337
death as a result of any of the following:	338

(1) Criminally injurious conduct;

339

(2) The good faith effort of any person to prevent criminally	340
injurious conduct;	341

(3) The good faith effort of any person to apprehend a person	342
suspected of engaging in criminally injurious conduct.	343

(M) "Contributory misconduct" means any conduct of the	344
claimant or of the victim through whom the claimant claims an	345
award of reparations that is unlawful or intentionally tortious	346
and that, without regard to the conduct's proximity in time or	347
space to the criminally injurious conduct, has a causal	348
relationship to the criminally injurious conduct that is the basis	349
of the claim.	350

(N)(1) "Funeral expense" means any reasonable charges that	351
are not in excess of seven thousand five hundred dollars per	352
funeral and that are incurred for expenses directly related to a	353
victim's funeral, cremation, or burial and any wages lost or	354
travel expenses incurred by a family member of a victim in order	355
to attend the victim's funeral, cremation, or burial.	356

(2) An award for funeral expenses shall be applied first to	357
expenses directly related to the victim's funeral, cremation, or	358
burial. An award for wages lost or travel expenses incurred by a	359
family member of the victim shall not exceed five hundred dollars	360
for each family member and shall not exceed in the aggregate the	361
difference between seven thousand five hundred dollars and	362
expenses that are reimbursed by the program and that are directly	363
related to the victim's funeral, cremation, or burial.	364

(O) "Unemployment benefits loss" means a loss of unemployment	365
benefits pursuant to Chapter 4141. of the Revised Code when the	366
loss arises solely from the inability of a victim to meet the able	367
to work, available for suitable work, or the actively seeking	368
suitable work requirements of division (A)(4)(a) of section	369
4141.29 of the Revised Code.	370

(P) "OVI violation" means any of the following:

371

(1) A violation of section 4511.19 of the Revised Code, of	372
any municipal ordinance prohibiting the operation of a vehicle	373
while under the influence of alcohol, a drug of abuse, or a	374
combination of them, or of any municipal ordinance prohibiting the	375
operation of a vehicle with a prohibited concentration of alcohol,	376
a controlled substance, or a metabolite of a controlled substance	377
in the whole blood, blood serum or plasma, breath, or urine;	378

(2) A violation of division (A)(1) of section 2903.06 of the	379
Revised Code;	380

(3) A violation of division (A)(2), (3), or (4) of section	381
2903.06 of the Revised Code or of a municipal ordinance	382
substantially similar to any of those divisions, if the offender	383
was under the influence of alcohol, a drug of abuse, or a	384
combination of them, at the time of the commission of the offense;	385

(4) For purposes of any person described in division (A)(2)	386
of this section, a violation of any law of the state, district,	387
territory, or foreign country in which the criminally injurious	388
conduct occurred, if that law is substantially similar to a	389
violation described in division (P)(1) or (2) of this section or	390
if that law is substantially similar to a violation described in	391
division (P)(3) of this section and the offender was under the	392
influence of alcohol, a drug of abuse, or a combination of them,	393
at the time of the commission of the offense.	394

(Q) "Pendency of the claim" for an original reparations	395
application or supplemental reparations application means the	396
period of time from the date the criminally injurious conduct upon	397
which the application is based occurred until the date a final	398
decision, order, or judgment concerning that original reparations	399
application or supplemental reparations application is issued.	400

(R) "Terrorism" means any activity to which all of the	401
following apply:	402

(1) The activity involves a violent act or an act that is	403
dangerous to human life.	404

(2) The act described in division (R)(1) of this section is	405
committed within the territorial jurisdiction of the United States	406
and is a violation of the criminal laws of the United States, this	407
state, or any other state or the act described in division (R)(1)	408
of this section is committed outside the territorial jurisdiction	409
of the United States and would be a violation of the criminal laws	410
of the United States, this state, or any other state if committed	411
within the territorial jurisdiction of the United States.	412

(3) The activity appears to be intended to do any of the	413
following:	414

(a) Intimidate or coerce a civilian population;

415

(b) Influence the policy of any government by intimidation or	416
coercion;	417

(c) Affect the conduct of any government by assassination or	418
kidnapping.	419

(4) The activity occurs primarily outside the territorial	420
jurisdiction of the United States or transcends the national	421
boundaries of the United States in terms of the means by which the	422
activity is accomplished, the person or persons that the activity	423
appears intended to intimidate or coerce, or the area or locale in	424
which the perpetrator or perpetrators of the activity operate or	425
seek asylum.	426

(S) "Transcends the national boundaries of the United States"	427
means occurring outside the territorial jurisdiction of the United	428
States in addition to occurring within the territorial	429
jurisdiction of the United States.	430

(T) "Cost of crime scene cleanup" means reasonable and	431
necessary costs of cleaning the scene and repairing, for the	432
purpose of personal security, property damaged at the scene where	433
the criminally injurious conduct occurred, not to exceed seven	434
hundred fifty dollars in the aggregate per claim.	435

(U) "Cost of evidence replacement" means costs for	436
replacement of property confiscated for evidentiary purposes	437
related to the criminally injurious conduct, not to exceed seven	438
hundred fifty dollars in the aggregate per claim.	439

(V) "Provider" means any person who provides a victim or	440
claimant with a product, service, or accommodations that are an	441
allowable expense or a funeral expense.	442

(W) "Immediate family member" means an individual who resided	443
in the same permanent household as a victim at the time of the	444
criminally injurious conduct and who is related to the victim by	445
affinity or consanguinity.	446

(X) "Family member" means an individual who is related to a	447
victim by affinity or consanguinity.	448

Sec. 2743.56.  (A) A claim for an award of reparations shall	449
be commenced by filing an application for an award of reparations	450
with the attorney general. The application may be filed by mail.	451
If the application is filed by mail, the post-marked date of the	452
application shall be considered the filing date of the	453
application. The application shall be in a form prescribed by the	454
attorney general and shall include a release authorizing the	455
attorney general and the court of claims to obtain any report,	456
document, or information that relates to the determination of the	457
claim for an award of reparations that is requested in the	458
application.	459

(B) All applications for an award of reparations shall be	460
filed as follows:	461

(1) If the victim of the criminally injurious conduct was a	462
minor, within two years of the victim's eighteenth birthday or	463
within two years from the date a complaint, indictment, or	464
information is filed against the alleged offender, whichever is	465
later. This division does not require that a complaint,	466
indictment, or information be filed against an alleged offender in	467
order for an application for an award of reparations to be filed	468
pertaining to a victim who was a minor if the application is filed	469
within two years of the victim's eighteenth birthday, and does not	470
affect the provisions of section 2743.64 of the Revised Code.	471

(2) If the victim of the criminally injurious conduct was an	472
adult, within two years after the occurrence of the criminally	473
injurious conduct.	474

(3) If the criminally injurious conduct occurred on or after	475
July 1, 2000, in the manner described in division (C)(1)(e) or	476
(2)(e) of section 2743.51 of the Revised Code, within the period	477
set forth in division (B)(1) or (2) of this section, as	478
applicable, or within two years after the effective date of this	479
amendment, whichever is later.	480

Sec. 2903.06.  (A) No person, while operating or	481
participating in the operation of a motor vehicle, motorcycle,	482
snowmobile, locomotive, watercraft, or aircraft, shall cause the	483
death of another or the unlawful termination of another's	484
pregnancy in any of the following ways:	485

(1)(a) As the proximate result of committing a violation of	486
division (A) of section 4511.19 of the Revised Code or of a	487
substantially equivalent municipal ordinance;	488

(b) As the proximate result of committing a violation of	489
division (A) of section 1547.11 of the Revised Code or of a	490
substantially equivalent municipal ordinance;	491

(c) As the proximate result of committing a violation of	492
division (A)(3) of section 4561.15 of the Revised Code or of a	493
substantially equivalent municipal ordinance.	494

(2) In one of the following ways:

495

(a) Recklessly;

496

(b) As the proximate result of committing, while operating or	497
participating in the operation of a motor vehicle or motorcycle in	498
a construction zone, a reckless operation offense, provided that	499
this division applies only if the person whose death is caused or	500
whose pregnancy is unlawfully terminated is in the construction	501
zone at the time of the offender's commission of the reckless	502
operation offense in the construction zone and does not apply as	503
described in division (F) of this section.	504

(3) In one of the following ways:

505

(a) Negligently;

506

(b) As the proximate result of committing, while operating or	507
participating in the operation of a motor vehicle or motorcycle in	508
a construction zone, a speeding offense, provided that this	509
division applies only if the person whose death is caused or whose	510
pregnancy is unlawfully terminated is in the construction zone at	511
the time of the offender's commission of the speeding offense in	512
the construction zone and does not apply as described in division	513
(F) of this section.	514

(4) As the proximate result of committing a violation of any	515
provision of any section contained in Title XLV of the Revised	516
Code that is a minor misdemeanor or of a municipal ordinance that,	517
regardless of the penalty set by ordinance for the violation, is	518
substantially equivalent to any provision of any section contained	519
in Title XLV of the Revised Code that is a minor misdemeanor.	520

(B)(1) Whoever violates division (A)(1) or (2) of this	521
section is guilty of aggravated vehicular homicide and shall be	522
punished as provided in divisions (B)(2) and (3) of this section.	523

(2)(a) Except as otherwise provided in this division	524
(B)(2)(b) or (c) of this section, aggravated vehicular homicide	525
committed in violation of division (A)(1) of this section is a	526
felony of the second degree and the court shall impose a mandatory	527
prison term on the offender as described in division (E) of this	528
section. Aggravated	529

(b) Except as otherwise provided in division (B)(2)(c) of	530
this section, aggravated vehicular homicide committed in violation	531
of division (A)(1) of this section is a felony of the first	532
degree, and the court shall impose a mandatory prison term on the	533
offender as described in division (E) of this section, if any of	534
the following apply:	535

(i) At the time of the offense, the offender was driving	536
under a suspension imposed under Chapter 4510. or any other	537
provision of the Revised Code.	538

(ii) The offender previously has been convicted of or pleaded	539
guilty to a violation of this section.	540

(iii) The offender previously has been convicted of or	541
pleaded guilty to any traffic-related homicide, manslaughter, or	542
assault offense.	543

(iv)(c) Aggravated vehicular homicide committed in violation	544
of division (A)(1) of this section is a felony of the first	545
degree, and the court shall sentence the offender to a mandatory	546
prison term as provided in section 2929.142 of the Revised Code	547
and described in division (E) of this section if any of the	548
following apply:	549

(i) The offender previously has been convicted of or pleaded	550
guilty to three or more prior violations of section 4511.19 of the	551
Revised Code or of a substantially equivalent municipal ordinance	552
within the previous six years.	553

(v)(ii) The offender previously has been convicted of or	554
pleaded guilty to three or more prior violations of division (A)	555
of section 1547.11 of the Revised Code or of a substantially	556
equivalent municipal ordinance within the previous six years.	557

(vi)(iii) The offender previously has been convicted of or	558
pleaded guilty to three or more prior violations of division	559
(A)(3) of section 4561.15 of the Revised Code or of a	560
substantially equivalent municipal ordinance within the previous	561
six years.	562

(iv) The offender previously has been convicted of or pleaded	563
guilty to three or more prior violations of division (A)(1) of	564
this section within the previous six years.	565

(v) The offender previously has been convicted of or pleaded	566
guilty to three or more prior violations of division (A)(1) of	567
section 2903.08 of the Revised Code within the previous six years.	568

(vi) The offender previously has been convicted of or pleaded	569
guilty to three or more prior violations of section 2903.04 of the	570
Revised Code within the previous six years in circumstances in	571
which division (D) of that section applied regarding the	572
violations.	573

(vii) The offender previously has been convicted of or	574
pleaded guilty to three or more violations of any combination of	575
the offenses listed in division (B)(2)(a)(iv), (v), or (vi)	576
(c)(i), (ii), (iii), (iv), (v), or (vi) of this section within the	577
previous six years.	578

(viii) The offender previously has been convicted of or	579
pleaded guilty to a second or subsequent felony violation of	580
division (A) of section 4511.19 of the Revised Code.	581

(b)(d) In addition to any other sanctions imposed pursuant to	582
division (B)(2)(a), (b), or (c) of this section for aggravated	583
vehicular homicide committed in violation of division (A)(1) of	584
this section, the court shall impose upon the offender a class one	585
suspension of the offender's driver's license, commercial driver's	586
license, temporary instruction permit, probationary license, or	587
nonresident operating privilege as specified in division (A)(1) of	588
section 4510.02 of the Revised Code.	589

(3) Except as otherwise provided in this division, aggravated	590
vehicular homicide committed in violation of division (A)(2) of	591
this section is a felony of the third degree. Aggravated vehicular	592
homicide committed in violation of division (A)(2) of this section	593
is a felony of the second degree if, at the time of the offense,	594
the offender was driving under a suspension imposed under Chapter	595
4510. or any other provision of the Revised Code or if the	596
offender previously has been convicted of or pleaded guilty to a	597
violation of this section or any traffic-related homicide,	598
manslaughter, or assault offense. The court shall impose a	599
mandatory prison term on the offender when required by division	600
(E) of this section.	601

In addition to any other sanctions imposed pursuant to this	602
division for a violation of division (A)(2) of this section, the	603
court shall impose upon the offender a class two suspension of the	604
offender's driver's license, commercial driver's license,	605
temporary instruction permit, probationary license, or nonresident	606
operating privilege from the range specified in division (A)(2) of	607
section 4510.02 of the Revised Code or, if the offender previously	608
has been convicted of or pleaded guilty to a traffic-related	609
murder, felonious assault, or attempted murder offense, a class	610
one suspension of the offender's driver's license, commercial	611
driver's license, temporary instruction permit, probationary	612
license, or nonresident operating privilege as specified in	613
division (A)(1) of that section.	614

(C) Whoever violates division (A)(3) of this section is	615
guilty of vehicular homicide. Except as otherwise provided in this	616
division, vehicular homicide is a misdemeanor of the first degree.	617
Vehicular homicide committed in violation of division (A)(3) of	618
this section is a felony of the fourth degree if, at the time of	619
the offense, the offender was driving under a suspension or	620
revocation imposed under Chapter 4507. or any other provision of	621
the Revised Code or if the offender previously has been convicted	622
of or pleaded guilty to a violation of this section or any	623
traffic-related homicide, manslaughter, or assault offense. The	624
court shall impose a mandatory jail term or a mandatory prison	625
term on the offender when required by division (E) of this	626
section.	627

In addition to any other sanctions imposed pursuant to this	628
division, the court shall impose upon the offender a class four	629
suspension of the offender's driver's license, commercial driver's	630
license, temporary instruction permit, probationary license, or	631
nonresident operating privilege from the range specified in	632
division (A)(4) of section 4510.02 of the Revised Code, or, if the	633
offender previously has been convicted of or pleaded guilty to a	634
violation of this section or any traffic-related homicide,	635
manslaughter, or assault offense, a class three suspension of the	636
offender's driver's license, commercial driver's license,	637
temporary instruction permit, probationary license, or nonresident	638
operating privilege from the range specified in division (A)(3) of	639
that section, or, if the offender previously has been convicted of	640
or pleaded guilty to a traffic-related murder, felonious assault,	641
or attempted murder offense, a class two suspension of the	642
offender's driver's license, commercial driver's license,	643
temporary instruction permit, probationary license, or nonresident	644
operating privilege as specified in division (A)(2) of that	645
section.	646

(D) Whoever violates division (A)(4) of this section is	647
guilty of vehicular manslaughter. Except as otherwise provided in	648
this division, vehicular manslaughter is a misdemeanor of the	649
second degree. Vehicular manslaughter is a misdemeanor of the	650
first degree if, at the time of the offense, the offender was	651
driving under a suspension imposed under Chapter 4510. or any	652
other provision of the Revised Code or if the offender previously	653
has been convicted of or pleaded guilty to a violation of this	654
section or any traffic-related homicide, manslaughter, or assault	655
offense.	656

In addition to any other sanctions imposed pursuant to this	657
division, the court shall impose upon the offender a class six	658
suspension of the offender's driver's license, commercial driver's	659
license, temporary instruction permit, probationary license, or	660
nonresident operating privilege from the range specified in	661
division (A)(6) of section 4510.02 of the Revised Code or, if the	662
offender previously has been convicted of or pleaded guilty to a	663
violation of this section or, any traffic-related homicide,	664
manslaughter, or assault offense, or a traffic-related murder,	665
felonious assault, or attempted murder offense, a class four	666
suspension of the offender's driver's license, commercial driver's	667
license, temporary instruction permit, probationary license, or	668
nonresident operating privilege from the range specified in	669
division (A)(4) of that section.	670

(E) The court shall impose a mandatory prison term on an	671
offender who is convicted of or pleads guilty to a violation of	672
division (A)(1) of this section. If division (B)(2)(c)(i), (ii),	673
(iii), (iv), (v), (vi), (vii), or (viii) of this section applies	674
to an offender who is convicted of or pleads guilty to the	675
violation of division (A)(1) of this section, the court shall	676
impose the mandatory prison term pursuant to section 2929.142 of	677
the Revised Code. The court shall impose a mandatory jail term of	678
at least fifteen days on an offender who is convicted of or pleads	679
guilty to a misdemeanor violation of division (A)(3)(b) of this	680
section and may impose upon the offender a longer jail term as	681
authorized pursuant to section 2929.24 of the Revised Code. The	682
court shall impose a mandatory prison term on an offender who is	683
convicted of or pleads guilty to a violation of division (A)(2) or	684
(3)(a) of this section or a felony violation of division (A)(3)(b)	685
of this section if either of the following applies:	686

(1) The offender previously has been convicted of or pleaded	687
guilty to a violation of this section or section 2903.08 of the	688
Revised Code.	689

(2) At the time of the offense, the offender was driving	690
under suspension under Chapter 4510. or any other provision of the	691
Revised Code.	692

(F) Divisions (A)(2)(b) and (3)(b) of this section do not	693
apply in a particular construction zone unless signs of the type	694
described in section 2903.081 of the Revised Code are erected in	695
that construction zone in accordance with the guidelines and	696
design specifications established by the director of	697
transportation under section 5501.27 of the Revised Code. The	698
failure to erect signs of the type described in section 2903.081	699
of the Revised Code in a particular construction zone in	700
accordance with those guidelines and design specifications does	701
not limit or affect the application of division (A)(1), (A)(2)(a),	702
(A)(3)(a), or (A)(4) of this section in that construction zone or	703
the prosecution of any person who violates any of those divisions	704
in that construction zone.	705

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

706

(a) "Mandatory prison term" and "mandatory jail term" have	707
the same meanings as in section 2929.01 of the Revised Code.	708

(b) "Traffic-related homicide, manslaughter, or assault	709
offense" means a violation of section 2903.04 of the Revised Code	710
in circumstances in which division (D) of that section applies, a	711
violation of section 2903.06 or 2903.08 of the Revised Code, or a	712
violation of section 2903.06, 2903.07, or 2903.08 of the Revised	713
Code as they existed prior to March 23, 2000.	714

(c) "Construction zone" has the same meaning as in section	715
5501.27 of the Revised Code.	716

(d) "Reckless operation offense" means a violation of section	717
4511.20 of the Revised Code or a municipal ordinance substantially	718
equivalent to section 4511.20 of the Revised Code.	719

(e) "Speeding offense" means a violation of section 4511.21	720
of the Revised Code or a municipal ordinance pertaining to speed.	721

(f) "Traffic-related murder, felonious assault, or attempted	722
murder offense" means a violation of section 2903.01 or 2903.02 of	723
the Revised Code in circumstances in which the offender used a	724
motor vehicle as the means to commit the violation, a violation of	725
division (A)(2) of section 2903.11 of the Revised Code in	726
circumstances in which the deadly weapon used in the commission of	727
the violation is a motor vehicle, or an attempt to commit	728
aggravated murder or murder in violation of section 2923.02 of the	729
Revised Code in circumstances in which the offender used a motor	730
vehicle as the means to attempt to commit the aggravated murder or	731
murder.	732

(g) "Motor vehicle" has the same meaning as in section	733
4501.01 of the Revised Code.	734

(2) For the purposes of this section, when a penalty or	735
suspension is enhanced because of a prior or current violation of	736
a specified law or a prior or current specified offense, the	737
reference to the violation of the specified law or the specified	738
offense includes any violation of any substantially equivalent	739
municipal ordinance, former law of this state, or current or	740
former law of another state or the United States.	741

Sec. 2903.08.  (A) No person, while operating or	742
participating in the operation of a motor vehicle, motorcycle,	743
snowmobile, locomotive, watercraft, or aircraft, shall cause	744
serious physical harm to another person or another's unborn in any	745
of the following ways:	746

(1)(a) As the proximate result of committing a violation of	747
division (A) of section 4511.19 of the Revised Code or of a	748
substantially equivalent municipal ordinance;	749

(b) As the proximate result of committing a violation of	750
division (A) of section 1547.11 of the Revised Code or of a	751
substantially equivalent municipal ordinance;	752

(c) As the proximate result of committing a violation of	753
division (A)(3) of section 4561.15 of the Revised Code or of a	754
substantially equivalent municipal ordinance.	755

(2) In one of the following ways:

756

(a) As the proximate result of committing, while operating or	757
participating in the operation of a motor vehicle or motorcycle in	758
a construction zone, a reckless operation offense, provided that	759
this division applies only if the person to whom the serious	760
physical harm is caused or to whose unborn the serious physical	761
harm is caused is in the construction zone at the time of the	762
offender's commission of the reckless operation offense in the	763
construction zone and does not apply as described in division (E)	764
of this section;	765

(b) Recklessly.

766

(3) As the proximate result of committing, while operating or	767
participating in the operation of a motor vehicle or motorcycle in	768
a construction zone, a speeding offense, provided that this	769
division applies only if the person to whom the serious physical	770
harm is caused or to whose unborn the serious physical harm is	771
caused is in the construction zone at the time of the offender's	772
commission of the speeding offense in the construction zone and	773
does not apply as described in division (E) of this section.	774

(B)(1) Whoever violates division (A)(1) of this section is	775
guilty of aggravated vehicular assault. Except as otherwise	776
provided in this division, aggravated vehicular assault is a	777
felony of the third degree. Aggravated vehicular assault is a	778
felony of the second degree if any of the following apply:	779

(a) At the time of the offense, the offender was driving	780
under a suspension imposed under Chapter 4510. or any other	781
provision of the Revised Code.	782

(b) The offender previously has been convicted of or pleaded	783
guilty to a violation of this section.	784

(c) The offender previously has been convicted of or pleaded	785
guilty to any traffic-related homicide, manslaughter, or assault	786
offense.	787

(d) The offender previously has been convicted of or pleaded	788
guilty to three or more prior violations of section 4511.19 of the	789
Revised Code or a substantially equivalent municipal ordinance	790
within the previous six years.	791

(e) The offender previously has been convicted of or pleaded	792
guilty to three or more prior violations of division (A) of	793
section 1547.11 of the Revised Code or of a substantially	794
equivalent municipal ordinance within the previous six years.	795

(f) The offender previously has been convicted of or pleaded	796
guilty to three or more prior violations of division (A)(3) of	797
section 4561.15 of the Revised Code or of a substantially	798
equivalent municipal ordinance within the previous six years.	799

(g) The offender previously has been convicted of or pleaded	800
guilty to three or more prior violations of any combination of the	801
offenses listed in division (B)(1)(d), (e), or (f) of this	802
section.	803

(h) The offender previously has been convicted of or pleaded	804
guilty to a second or subsequent felony violation of division (A)	805
of section 4511.19 of the Revised Code.	806

(2) In addition to any other sanctions imposed pursuant to	807
division (B)(1) of this section, except as otherwise provided in	808
this division, the court shall impose upon the offender a class	809
three suspension of the offender's driver's license, commercial	810
driver's license, temporary instruction permit, probationary	811
license, or nonresident operating privilege from the range	812
specified in division (A)(3) of section 4510.02 of the Revised	813
Code or, if. If the offender previously has been convicted of or	814
pleaded guilty to a violation of this section or, any	815
traffic-related homicide, manslaughter, or assault offense, or any	816
traffic-related murder, felonious assault, or attempted murder	817
offense, the court shall impose either a class two suspension of	818
the offender's driver's license, commercial driver's license,	819
temporary instruction permit, probationary license, or nonresident	820
operating privilege from the range specified in division (A)(2) of	821
that section or a class one suspension as specified in division	822
(A)(1) of that section.	823

(C)(1) Whoever violates division (A)(2) or (3) of this	824
section is guilty of vehicular assault and shall be punished as	825
provided in divisions (C)(2) and (3) of this section.	826

(2) Except as otherwise provided in this division, vehicular	827
assault committed in violation of division (A)(2) of this section	828
is a felony of the fourth degree. Vehicular assault committed in	829
violation of division (A)(2) of this section is a felony of the	830
third degree if, at the time of the offense, the offender was	831
driving under a suspension imposed under Chapter 4510. or any	832
other provision of the Revised Code, if the offender previously	833
has been convicted of or pleaded guilty to a violation of this	834
section or any traffic-related homicide, manslaughter, or assault	835
offense, or if, in the same course of conduct that resulted in the	836
violation of division (A)(2) of this section, the offender also	837
violated section 4549.02, 4549.021, or 4549.03 of the Revised	838
Code.	839

In addition to any other sanctions imposed, the court shall	840
impose upon the offender a class four suspension of the offender's	841
driver's license, commercial driver's license, temporary	842
instruction permit, probationary license, or nonresident operating	843
privilege from the range specified in division (A)(4) of section	844
4510.02 of the Revised Code or, if the offender previously has	845
been convicted of or pleaded guilty to a violation of this section	846
or, any traffic-related homicide, manslaughter, or assault	847
offense, or any traffic-related murder, felonious assault, or	848
attempted murder offense, a class three suspension of the	849
offender's driver's license, commercial driver's license,	850
temporary instruction permit, probationary license, or nonresident	851
operating privilege from the range specified in division (A)(3) of	852
that section.	853

(3) Except as otherwise provided in this division, vehicular	854
assault committed in violation of division (A)(3) of this section	855
is a misdemeanor of the first degree. Vehicular assault committed	856
in violation of division (A)(3) of this section is a felony of the	857
fourth degree if, at the time of the offense, the offender was	858
driving under a suspension imposed under Chapter 4510. or any	859
other provision of the Revised Code or if the offender previously	860
has been convicted of or pleaded guilty to a violation of this	861
section or any traffic-related homicide, manslaughter, or assault	862
offense.	863

In addition to any other sanctions imposed, the court shall	864
impose upon the offender a class four suspension of the offender's	865
driver's license, commercial driver's license, temporary	866
instruction permit, probationary license, or nonresident operating	867
privilege from the range specified in division (A)(4) of section	868
4510.02 of the Revised Code or, if the offender previously has	869
been convicted of or pleaded guilty to a violation of this section	870
or, any traffic-related homicide, manslaughter, or assault	871
offense, or any traffic-related murder, felonious assault, or	872
attempted murder offense, a class three suspension of the	873
offender's driver's license, commercial driver's license,	874
temporary instruction permit, probationary license, or nonresident	875
operating privilege from the range specified in division (A)(3) of	876
section 4510.02 of the Revised Code.	877

(D)(1) The court shall impose a mandatory prison term on an	878
offender who is convicted of or pleads guilty to a violation of	879
division (A)(1) of this section.	880

(2) The court shall impose a mandatory prison term on an	881
offender who is convicted of or pleads guilty to a violation of	882
division (A)(2) of this section or a felony violation of division	883
(A)(3) of this section if either of the following applies:	884

(a) The offender previously has been convicted of or pleaded	885
guilty to a violation of this section or section 2903.06 of the	886
Revised Code.	887

(b) At the time of the offense, the offender was driving	888
under suspension under Chapter 4510. or any other provision of the	889
Revised Code.	890

(3) The court shall impose a mandatory jail term of at least	891
seven days on an offender who is convicted of or pleads guilty to	892
a misdemeanor violation of division (A)(3) of this section and may	893
impose upon the offender a longer jail term as authorized pursuant	894
to section 2929.24 of the Revised Code.	895

(E) Divisions (A)(2)(a) and (3) of this section do not apply	896
in a particular construction zone unless signs of the type	897
described in section 2903.081 of the Revised Code are erected in	898
that construction zone in accordance with the guidelines and	899
design specifications established by the director of	900
transportation under section 5501.27 of the Revised Code. The	901
failure to erect signs of the type described in section 2903.081	902
of the Revised Code in a particular construction zone in	903
accordance with those guidelines and design specifications does	904
not limit or affect the application of division (A)(1) or (2)(b)	905
of this section in that construction zone or the prosecution of	906
any person who violates either of those divisions in that	907
construction zone.	908

(F) As used in this section:

909

(1) "Mandatory prison term" and "mandatory jail term" have	910
the same meanings as in section 2929.01 of the Revised Code.	911

(2) "Traffic-related homicide, manslaughter, or assault	912
offense" hasand "traffic-related murder, felonious assault, or	913
attempted murder offense" have the same meaningmeanings as in	914
section 2903.06 of the Revised Code.	915

(3) "Construction zone" has the same meaning as in section	916
5501.27 of the Revised Code.	917

(4) "Reckless operation offense" and "speeding offense" have	918
the same meanings as in section 2903.06 of the Revised Code.	919

(G) For the purposes of this section, when a penalty or	920
suspension is enhanced because of a prior or current violation of	921
a specified law or a prior or current specified offense, the	922
reference to the violation of the specified law or the specified	923
offense includes any violation of any substantially equivalent	924
municipal ordinance, former law of this state, or current or	925
former law of another state or the United States.	926

Sec. 2903.11.  (A) No person shall knowingly do either of the	927
following:	928

(1) Cause serious physical harm to another or to another's	929
unborn;	930

(2) Cause or attempt to cause physical harm to another or to	931
another's unborn by means of a deadly weapon or dangerous	932
ordnance.	933

(B) No person, with knowledge that the person has tested	934
positive as a carrier of a virus that causes acquired	935
immunodeficiency syndrome, shall knowingly do any of the	936
following:	937

(1) Engage in sexual conduct with another person without	938
disclosing that knowledge to the other person prior to engaging in	939
the sexual conduct;	940

(2) Engage in sexual conduct with a person whom the offender	941
knows or has reasonable cause to believe lacks the mental capacity	942
to appreciate the significance of the knowledge that the offender	943
has tested positive as a carrier of a virus that causes acquired	944
immunodeficiency syndrome;	945

(3) Engage in sexual conduct with a person under eighteen	946
years of age who is not the spouse of the offender.	947

(C) The prosecution of a person under this section does not	948
preclude prosecution of that person under section 2907.02 of the	949
Revised Code.	950

(D)(1) Whoever violates this section is guilty of felonious	951
assault, a felony of the second degree. If the victim of a	952
violation of division (A) of this section is a peace officer,	953
felonious assault is a felony of the first degree. If the victim	954
of the offense is a peace officer, as defined in section 2935.01	955
of the Revised Code, and if the victim suffered serious physical	956
harm as a result of the commission of the offense, felonious	957
assault is a felony of the first degree, and the court, pursuant	958
to division (F) of section 2929.13 of the Revised Code, shall	959
impose as a mandatory prison term one of the prison terms	960
prescribed for a felony of the first degree.	961

(2) In addition to any other sanctions imposed pursuant to	962
division (D)(1) of this section for felonious assault committed in	963
violation of division (A)(2) of this section, if the deadly weapon	964
used in the commission of the violation is a motor vehicle, the	965
court shall impose upon the offender a class two suspension of the	966
offender's driver's license, commercial driver's license,	967
temporary instruction permit, probationary license, or nonresident	968
operating privilege as specified in division (A)(2) of section	969
4510.02 of the Revised Code.	970

(E) As used in this section:

971

(1) "Deadly weapon" and "dangerous ordnance" have the same	972
meanings as in section 2923.11 of the Revised Code.	973

(2) "Motor vehicle" has the same meaning as in section	974
4501.01 of the Revised Code.	975

(3) "Peace officer" has the same meaning as in section	976
2935.01 of the Revised Code.	977

(3)(4) "Sexual conduct" has the same meaning as in section	978
2907.01 of the Revised Code, except that, as used in this section,	979
it does not include the insertion of an instrument, apparatus, or	980
other object that is not a part of the body into the vaginal or	981
anal opening of another, unless the offender knew at the time of	982
the insertion that the instrument, apparatus, or other object	983
carried the offender's bodily fluid.	984

Sec. 2909.32.  (A)(1) The director of public safety shall	985
adopt rules in accordance with Chapter 119. of the Revised Code to	986
identify licenses the state issues for which a holder with a	987
connection to a terrorist organization would present a potential	988
risk to the residents of this state. The rules shall not identify	989
a renewable driver's license or permit as a license of this nature	990
if the applicant is a resident of this state.	991

(2)(a) The director shall prepare a document to serve as a	992
declaration of material assistance/nonassistance for agencies to	993
use to identify whether an applicant for a license or the renewal	994
of a license has provided material assistance to an organization	995
listed in the United States department of state terrorist	996
exclusion list. The declaration shall be substantially in the form	997
and of the same content as set forth in division (A)(2)(b) of this	998
section. The director shall make the declaration available to each	999
issuing agency of a license the director identifies pursuant to	1000
division (A)(1) of this section, along with a then-current copy of	1001
the United States department of state terrorist exclusion list.	1002
The director may adopt rules governing the preparation of the	1003
declaration and the distribution of the declaration and the list.	1004

(b) The declaration of material assistance/nonassistance this	1005
section requires shall be substantially as follows and shall	1006
include the following questions and the associated spaces for	1007
answering the questions:	1008

"DECLARATION REGARDING MATERIAL ASSISTANCE/NONASSISTANCE

1009

TO TERRORIST ORGANIZATION

1010

(1) Are you a member of an organization on the U.S.	1011
Department of State Terrorist Exclusion List? Yes .....; No ......	1012

(2) Have you used any position of prominence you have within	1013
any country to persuade others to support an organization on the	1014
U.S. Department of State Terrorist Exclusion List? Yes .....; No	1015
......	1016

(3) Have you knowingly solicited funds or other things of	1017
value for an organization on the U.S. Department of State	1018
Terrorist Exclusion List? Yes .....; No ......	1019

(4) Have you solicited any individual for membership in an	1020
organization on the U.S. Department of State Terrorist Exclusion	1021
List? Yes .....; No ......	1022

(5) Have you committed an act that you know, or reasonably	1023
should have known, affords "material support or resources" (see	1024
below) to an organization on the U.S. Department of State	1025
Terrorist Exclusion List? Yes .....; No ......	1026

(6) Have you hired or compensated a person you knew to be a	1027
member of an organization on the U.S. Department of State	1028
Terrorist Exclusion List or a person you knew to be engaged in	1029
planning, assisting, or carrying out an act of terrorism? Yes	1030
.....; No ......	1031

For purposes of this declaration of material	1032
assistance/nonassistance, "material support or resources" means	1033
currency, payment instruments, other financial securities, funds,	1034
transfer of funds, and financial services that are in excess of	1035
one hundred dollars, as well as communications, lodging, training,	1036
safe houses, false documentation or identification, communications	1037
equipment, facilities, weapons, lethal substances, explosives,	1038
personnel, transportation, and other physical assets, except	1039
medicine or religious materials."	1040

(B)(1) Any agency that issues a license the director	1041
identifies pursuant to division (A)(1) of this section shall	1042
include with the agency's application form a copy of the	1043
declaration of material assistance/nonassistance the director	1044
prepares pursuant to this section and a then-current copy of the	1045
terrorist exclusion list. The agency shall inform applicants that	1046
they must truthfully answer each question.	1047

(2) Any person provided a declaration of material	1048
assistance/nonassistance pursuant to this section shall answer	1049
each question and attach the completed declaration to the	1050
application for the license or the license renewal.	1051

(C)(1) Any answer of "yes" to any question, or the failure to	1052
answer "no" to any question, on a declaration of material	1053
assistance/nonassistance an agency provides pursuant to this	1054
section shall serve for purposes of this section as a disclosure	1055
that the applicant has provided material assistance to an	1056
organization listed on the terrorist exclusion list.	1057

(2) Any person who discloses the provision of material	1058
assistance to any organization on the terrorist exclusion list	1059
shall be denied the license or the renewal of the license unless	1060
the department of public safety reinstates the application	1061
pursuant to division (D) of this section.	1062

(3) Any licensing entity that denies a license or a renewal	1063
of a license pursuant to this division shall send written notice	1064
of that denial to the applicant within three business days of the	1065
decision to deny. The notice shall inform the applicant of the	1066
right to have the department of public safety review the denial if	1067
the applicant requests a review within sixty days after the	1068
mailing date of the notice. The licensing entity shall provide the	1069
department of public safety with a copy of any notice that it	1070
sends to an applicant pursuant to this division.	1071

(D) The department of public safety, upon an applicant's	1072
request, shall review any decision to deny an application within	1073
thirty days of thatreceiving an applicant's request an	1074
application for any license or renewal that was denied under	1075
division (C) of this sectionfor a review. The department shall	1076
reinstate the license application for good cause if it determines	1077
all of the following pursuant to guidelines the director adopts by	1078
rule:	1079

(1) That the provision of material assistance to an	1080
organization on the terrorist exclusion list was made more than	1081
ten years prior to the time of the application, or the applicant	1082
provided material assistance during the ten years prior to the	1083
application and the date of the review, but at the time of the	1084
assistance, the organization was either not on the list or was not	1085
involved in any activity or conduct that would have merited	1086
inclusion on the list had it existed at the time, or at the time	1087
of the assistance it was not reasonable to know of the	1088
organization's activities that would have merited its inclusion on	1089
the list.	1090

(2) That the applicant is unlikely in the future to provide	1091
material assistance to any organization on the terrorist exclusion	1092
list;	1093

(3) That the applicant does not pose a risk to the residents	1094
of this state.	1095

(E) The failure of an applicant for a license to complete and	1096
attach a declaration of material assistance/nonassistance as this	1097
section requires, the failure to disclose material assistance to	1098
an organization on the terrorist exclusion list, or the making of	1099
false statements regarding material assistance to an organization	1100
the applicant knew or should have known was on the terrorist	1101
exclusion list, shall result in the denial of the application and	1102
in the revocation of the license.	1103

(F) The failure of an applicant for a license to disclose, as	1104
this section requires, the provision of material assistance to an	1105
organization on the terrorist exclusion list or knowingly making	1106
false statements regarding material assistance to an organization	1107
on that list is a felony of the fifth degree.	1108

(G) An issuing agency shall notify the department of public	1109
safety if it denies an application for a license or the renewal of	1110
a license because the applicant disclosed the provision of	1111
material assistance to an organization listed on the terrorist	1112
exclusion list.	1113

(H) An agency may revoke a license issued to any person who,	1114
after providing a declaration of material assistance/nonassistance	1115
pursuant to this section, takes an action that would result in	1116
"yes" being the correct answer to any question on the declaration,	1117
had the declaration been readministered after taking that action.	1118
The agency shall conduct a hearing pursuant to Chapter 119. of the	1119
Revised Code prior to revoking any license pursuant to this	1120
division.	1121

(I) This section does not apply to a license issued to either	1122
of the following:	1123

(1) A federally insured depository institution that is	1124
subject to anti-money laundering and antiterrorism requirements	1125
under federal law, any subsidiary of such a depository	1126
institution, or an officer or employee of such a depository	1127
institution or subsidiary when that license is related to the	1128
person's duties as an officer or employee;	1129

(2) Any affiliate of a depository institution described in	1130
division (I)(1) of this section, other than an affiliate that is a	1131
subsidiary of a depository institution, when that affiliate is	1132
subject to anti-money laundering and antiterrorism requirements	1133
under federal law, or an officer or employee of such an affiliate	1134
when that license is related to the person's duties as an officer	1135
or employee.	1136

Sec. 2909.33. (A)(1) The director of public safety shall	1137
prepare a document to serve as a declaration of material	1138
assistance/nonassistance for the state, any instrumentality of the	1139
state, and any political subdivision of the state to use to	1140
determine whetherby which any person, company, affiliated group,	1141
or organization, or person who holds, owns, or otherwise has a	1142
controlling interest in a company, affiliated group, or	1143
organization, has providedwhen required by this section, shall	1144
certify any provision of material assistance to an organization	1145
listed on the United States department of state terrorist	1146
exclusion list. The declaration shall be substantially in the same	1147
format and of the same content as set forth in division (A)(2)(b)	1148
of section 2909.32 of the Revised Code.	1149

(2) The director of public safety and the director of budget	1150
and management shall make available on their respective department	1151
web sites and by any other means the director of public safety	1152
deems appropriate, the declaration of material	1153
assistance/nonassistance available to the state, instrumentalities	1154
of the state, and political subdivisions of the state, along with	1155
and a then-current copy of the terrorist exclusion list. The	1156
director of public safety, in consultation with the director of	1157
budget and management, may adopt rules that govern the preparation	1158
of the declaration and the distribution of the declaration and	1159
terrorist exclusion list.	1160

(3)(a) AnyPrior to entering into a contract to conduct	1161
business with or receive funding from any state agency,	1162
instrumentality, or political subdivision of the state, for	1163
purposes of business it conducts and funding it provides, may	1164
adopt a procedure under which it precertifies any person, company,	1165
affiliated group, or organization as not providing, or person who	1166
holds, owns, or otherwise has a controlling interest in a company,	1167
affiliated group, or organization, may precertify that it has not	1168
provided material assistance to an organization on the terrorist	1169
exclusion list. The precertification this division describes shall	1170
be granted to any person, company, affiliated group, or	1171
organization that submits to the director of budget and management	1172
a completed copy of the declaration prepared pursuant to this	1173
section, with an answer of "no" to all questions. A	1174
precertification pursuant to this division is effective for one	1175
year.No person shall require any person, company, affiliated	1176
group, or organization that is precertified to complete any	1177
additional declarations prior to the expiration of a	1178
precertification. All precertifications expire the thirtieth day	1179
of June of the second year of each state biennium period. To be	1180
precertified during the two years subsequent to that expiration	1181
date, an entity shall submit a new declaration to the director of	1182
budget and management pursuant to rules the director adopts.	1183

(b) Any person, company, affiliated group, or organization	1184
that is precertified pursuant to this division and that takes any	1185
action or learns of anything that would result in an answer of	1186
"yes" to any question on the declaration of material	1187
assistance/nonassistance this division requires, shall cease to	1188
represent that it is precertified and, within thirty days of	1189
taking that action or learning the new information, shall notify	1190
every state agency, instrumentality, or political subdivision with	1191
which it is precertified tothe director of budget and management	1192
to request theits precertification be rescinded.	1193

(c) When applying for a contract, falsely representing	1194
precertification, or representing precertification when that	1195
precertification has been rescinded or should have been rescinded	1196
pursuant to this division, is a felony of the fifth degree.	1197

(B) Any person who is providedsubmits a declaration of	1198
material assistance/nonassistance pursuant to this section shall	1199
complete thatthe entire declaration. Any answer of "yes" to any	1200
question, or the failure to answer "no" to any question, on the	1201
declaration shall serve for purposes of this section as a	1202
disclosure of the provision of material assistance to an	1203
organization that is listed on the terrorist exclusion list.	1204

(C) Prior(1) Except as otherwise provided in divisions	1205
(C)(2) and (H) of this section, prior to entering into a contract	1206
with any state agency, instrumentality, or political subdivision	1207
to conduct business or receive funding, any person, company,	1208
affiliated group, or organization, and any person who holds, owns,	1209
or otherwise has a controlling interest in a company, affiliated	1210
group, or organization that conducts any business with or receives	1211
funding in an aggregate amount greater than one hundred thousand	1212
dollars annually from the state, any instrumentality of the state,	1213
and any political subdivision of the state, excluding the amount	1214
of any personal benefit, shall certify that it does not provide	1215
material assistance to any organization on the United States	1216
department of state terrorist exclusion list. The certification	1217
shall be made by completing and submitting the declaration of	1218
material assistance/nonassistance as described in division (A) of	1219
this section.	1220

(2) Certification pursuant to this division shall not be	1221
required unless the entity entering into a contract for business	1222
or funding has received, or will have received as a result of the	1223
pending contract, an aggregate amount greater than one hundred	1224
thousand dollars in business or funding, excluding the amount of	1225
any personal benefit, from the state, instrumentalities, and	1226
political subdivisions during the current fiscal year, measured	1227
from the first day of July until the thirtieth day of June.	1228

(D)(1) TheNo state agency, an instrumentality of the state,	1229
or a political subdivision of the state shall conduct no business	1230
with or provide any funding to any person, company, affiliated	1231
group or organization, or any person who has a controlling	1232
interest in a company, affiliated group, or organization unless	1233
that person, company, affiliated group, or organization is	1234
certified as division (C) of this section requires. The state,	1235
instrumentality, or subdivision shall provide the declaration	1236
prepared pursuant to division (A) of this section, along with a	1237
then-current copy of the terrorist exclusion list, to any person,	1238
company, affiliated group, or organization that is not	1239
precertified and for which certification is required. If a	1240
contract is entered into pursuant to competitive bidding or	1241
another competitive process, the state, instrumentality, or	1242
subdivision need provide the declaration and list only to the	1243
person selected and only if that person is not precertified.	1244

(2) No person, company, affiliated group or organization, or	1245
any person who holds, owns, or otherwise has a controlling	1246
interest in a company, affiliated group, or organization shall	1247
enter into a contract to conduct business with or receive funding	1248
from the state, an agency or instrumentality of the state, or a	1249
political subdivision of the state unless it is certified as	1250
division (C) of this section requires.	1251

(E) For the purposes of this section, the office of budget	1252
and management shall be the repository for all declarations	1253
received pursuant to division (A)(3)(a) of this section and the	1254
director of budget and management shall maintain a centralized	1255
database of all such declarations received. If a person, company,	1256
affiliated group, or organization discloses the provision of	1257
material assistance to an organization listed on the terrorist	1258
exclusion list, within three business days of that disclosure, the	1259
director shall send the declarant a written notice of prohibition	1260
against doing business or receiving funding. The notice shall	1261
inform the declarant of the right to a review of the prohibition	1262
by the department of public safety if the declarant requests that	1263
review within sixty days after the notice of prohibition was	1264
mailed. The director shall send copy of any notice sent pursuant	1265
to this division to the department of public safety.	1266

The department of public safety shall review,any prohibition	1267
within thirty days of the receipt of a request from any person,	1268
company, affiliated group, or organization that disclosed the	1269
provision of material assistance to an organization listed on the	1270
terrorist exclusion list,for a review and determine whether the	1271
prohibitions against doing business or receiving funding set forth	1272
in divisions (D)(1) and (D)(2) of this section should apply. The	1273
department of public safety shall order that the prohibitions do	1274
not apply if it determines all of the following pursuant to	1275
guidelines the director adopts by rule:	1276

(1) That the provision of material assistance to an	1277
organization on the terrorist exclusion list was made more than	1278
ten years prior to the time the declaration of material	1279
assistance/nonassistance was filled out, or the material	1280
assistance was provided during the ten years prior to the	1281
application and the date of the review, but at the time of the	1282
assistance, the organization was either not on the list or would	1283
not have merited inclusion had it existed at the time, or at the	1284
time of the assistance it was not reasonable to know of the	1285
organization's activities that would have merited its inclusion on	1286
the list.	1287

(2) That it is unlikely in the future that the person,	1288
company, affiliated group, or organization will provide material	1289
assistance to any organization on the terrorist exclusion list;	1290

(3) The person, company, affiliated group, or organization	1291
does not pose a risk to the residents of this state.	1292

(F) Any person, company, affiliated group, or organization	1293
that had not provided material assistance at the time a	1294
declaration of material assistance/nonassistance was answered, but	1295
starts providing material assistance to an organization on the	1296
terrorist exclusion list during the course of doing business with	1297
or receiving funding from the state, an agency or instrumentality	1298
of the state, or a subdivision of the state, is prohibited from	1299
entering into additional contracts to do business with or receive	1300
funding from the state, any agency or instrumentality, or any	1301
subdivision for a period of ten years after the provision of	1302
material assistance is discovered.	1303

(G)(1) Any person, company, affiliated group, or organization	1304
that knowingly provides a false certification pursuant to this	1305
section is permanently banned from conducting business with or	1306
receiving funding from the state, an agency or instrumentality of	1307
the state, or a political subdivision of the state and is guilty	1308
of a felony of the fifth degree.	1309

(2) Any person, company, affiliated group, or organization	1310
that fails to certify as this section requires is subject to a	1311
fine of one thousand dollars for each day of doing business or	1312
receiving funding, except that any person, company, affiliated	1313
group, or organization that first reaches the threshold of one	1314
hundred thousand dollars in business or funding, due to the	1315
contract that it is entering into, shall not be subject to the	1316
fine for the first thirty days after entering into that contract,	1317
after which it shall be subject to the fine for each day that it	1318
is not certified.	1319

(H) This section does not apply to the following types of	1320
transactions:	1321

(1) An investment in a company that is publicly traded in any	1322
United States market;	1323

(2) An investment that is traded on a foreign market where	1324
United States investors regularly make investments;	1325

(3) An investment that is made through an agent or investment	1326
manager who has a fiduciary responsibility to the investor;	1327

(4) An investment in public agency debt;

1328

(5) An investment in derivatives that are regulated by a	1329
government agency;	1330

(6) Financial services provided by or through either of the	1331
following:	1332

(a) A federally insured depository institution that is	1333
subject to anti-money laundering and antiterrorism requirements	1334
under federal law or any subsidiary of such a depository	1335
institution;	1336

(b) An affiliate of a depository institution described in	1337
division (H)(6)(a) of this section, other than an affiliate that	1338
is a subsidiary of the depository institution, when the affiliate	1339
is subject to anti-money laundering and antiterrorism requirements	1340
under federal law.	1341

"Financial services" include, but are not limited to,	1342
services related to currency, payment instruments, other financial	1343
securities, funds, and transfer of funds;	1344

(7) Any contract to conduct business or receive funding	1345
between state agencies, instrumentalities, or political	1346
subdivisions of the state;	1347

(8) Any person, company, affiliated group, or organization	1348
providing necessary, nonelective healthcare services.	1349

(I) As used in this section, "personal benefit" means all of	1350
the following:	1351

(1) Pensions and disability and survivor benefits;

1352

(2) Money, goods, services, or other things of value provided	1353
by the United States, the state, or a political subdivision of the	1354
state to which the recipient is entitled by reason of age, medical	1355
condition, or a financial need that is established pursuant to an	1356
act of congress or the general assembly;	1357

(3) Salary or compensation a person receives as an employee	1358
of the state or a political subdivision of the state.	1359

Sec. 2909.34.  (A)(1) The director of public safety shall	1360
prepare a document to serve as a declaration of material	1361
assistance/nonassistance for the state, instrumentalities of the	1362
state, and political subdivisions of the state to use to determine	1363
whether any person who is under final consideration for employment	1364
has provided material assistance to an organization listed on the	1365
United States department of state terrorist exclusion list. The	1366
declaration shall be substantially in the same format and of the	1367
same content as set forth in division (A)(2)(b) of section 2909.32	1368
of the Revised Code.	1369

(2) The director shall make the declaration of material	1370
assistance/nonassistance available to the state, instrumentalities	1371
of the state, and political subdivisions of the state, along with	1372
a then-current copy of the terrorist exclusion list. The director	1373
may adopt rules that govern the preparation and distribution of	1374
the declaration and the terrorist exclusion list.	1375

(3) The director may adopt rules that establish categories of	1376
employment that are exempt from the disclosure requirements of	1377
this section.	1378

(B) Any person under final consideration for employment who	1379
is provided a declaration of material assistance/nonassistance	1380
pursuant to this section shall complete the declaration prior to	1381
being employed. Any answer of "yes" to any question, or the	1382
failure to answer "no" to any question, shall serve for purposes	1383
of this section as a disclosure of the provision of material	1384
assistance to an organization that is listed on the terrorist	1385
exclusion list.	1386

(C)(1) The state, a state instrumentality, or a political	1387
subdivision of the state shall provide each person who is under	1388
final consideration for a category of employment for which this	1389
section requires disclosure with a copy of the declaration of	1390
material assistance/nonassistance and a then-current copy of the	1391
terrorist exclusion list. The state, instrumentality, or	1392
subdivision shall not employ any person who discloses the	1393
provision of material assistance to an organization that is listed	1394
on the terrorist exclusion list.	1395

(2) The state, or any instrumentality or political	1396
subdivision of the state that denies employment pursuant to this	1397
section, shall send written notice of that denial to the applicant	1398
within three business days of the decision to deny, along with	1399
notice of the applicant's right to a review of the denial by the	1400
department of public safety if the applicant requests a review	1401
within sixty days of the mailing date of the notice. An entity	1402
that denies employment pursuant to this section shall send a copy	1403
of any notice of denial of employment to the department of public	1404
safety.	1405

(D) The department of public safety, upon thereceiving a	1406
request offor a review from any person who has been denied	1407
employment under division (C) of this section, shall review the	1408
request within thirty days to determine if the denial of	1409
employment should be voided. The department shall void that denial	1410
if it determines all of the following pursuant to guidelines the	1411
director adopts by rule:	1412

(1) That the provision of material assistance to an	1413
organization on the terrorist exclusion list was made more than	1414
ten years prior to the time the declaration of material	1415
assistance/nonassistance was filled out, or the material	1416
assistance was provided during the ten years prior to the	1417
application and the date of the review, but at the time of the	1418
assistance, the organization was either not on the list or would	1419
not have merited inclusion on the list had it existed at the time,	1420
or at the time of the assistance it was not reasonable to know of	1421
the organization's activities that would have merited its	1422
inclusion on the list.	1423

(2) That it is unlikely in the future that the person will	1424
provide material assistance to any organization on the terrorist	1425
exclusion list;	1426

(3) The person does not pose a risk to the residents of the	1427
state.	1428

(E) The failure of an applicant for employment to disclose,	1429
as this section requires, the provision of material assistance to	1430
an organization on the terrorist exclusion list, or knowingly	1431
making false statements regarding material assistance to an	1432
organization on that list, is a felony of the fifth degree.	1433

(F)(1) The state, or any instrumentality or political	1434
subdivision of the state, may terminate any employee who, after	1435
providing a declaration of material assistance/nonassistance	1436
pursuant to this section, takes an action that would result in	1437
"yes" being the correct answer to any question on the declaration,	1438
had the declaration been readministered after taking that action.	1439

(2) No employer shall terminate an employee pursuant to this	1440
division unless the employer complies with one of the following	1441
hearing procedures:	1442

(a) If the employee is entitled to termination proceedings	1443
under a collective bargaining agreement, the employer shall comply	1444
with those procedures.	1445

(b) If the employee is entitled to termination proceedings	1446
pursuant to division (C) of section 124.34 of the Revised Code,	1447
the employer shall comply with those procedures.	1448

(c) If the employee does not qualify for the termination	1449
proceedings described in division (F)(2)(a) or (b) of this	1450
section, the employer shall comply with the procedures set forth	1451
in division (B) of section 124.34 of the Revised Code.	1452

Sec. 2923.02.  (A) No person, purposely or knowingly, and	1453
when purpose or knowledge is sufficient culpability for the	1454
commission of an offense, shall engage in conduct that, if	1455
successful, would constitute or result in the offense.	1456

(B) It is no defense to a charge under this section that, in	1457
retrospect, commission of the offense that was the object of the	1458
attempt was either factually or legally impossible under the	1459
attendant circumstances, if that offense could have been committed	1460
had the attendant circumstances been as the actor believed them to	1461
be.	1462

(C) No person who is convicted of committing a specific	1463
offense, of complicity in the commission of an offense, or of	1464
conspiracy to commit an offense shall be convicted of an attempt	1465
to commit the same offense in violation of this section.	1466

(D) It is an affirmative defense to a charge under this	1467
section that the actor abandoned the actor's effort to commit the	1468
offense or otherwise prevented its commission, under circumstances	1469
manifesting a complete and voluntary renunciation of the actor's	1470
criminal purpose.	1471

(E)(1) Whoever violates this section is guilty of an attempt	1472
to commit an offense. An attempt to commit aggravated murder,	1473
murder, or an offense for which the maximum penalty is	1474
imprisonment for life is a felony of the first degree. An attempt	1475
to commit a drug abuse offense for which the penalty is determined	1476
by the amount or number of unit doses of the controlled substance	1477
involved in the drug abuse offense is an offense of the same	1478
degree as the drug abuse offense attempted would be if that drug	1479
abuse offense had been committed and had involved an amount or	1480
number of unit doses of the controlled substance that is within	1481
the next lower range of controlled substance amounts than was	1482
involved in the attempt. An attempt to commit any other offense is	1483
an offense of the next lesser degree than the offense attempted.	1484
In the case of an attempt to commit an offense other than a	1485
violation of Chapter 3734. of the Revised Code that is not	1486
specifically classified, an attempt is a misdemeanor of the first	1487
degree if the offense attempted is a felony, and a misdemeanor of	1488
the fourth degree if the offense attempted is a misdemeanor. In	1489
the case of an attempt to commit a violation of any provision of	1490
Chapter 3734. of the Revised Code, other than section 3734.18 of	1491
the Revised Code, that relates to hazardous wastes, an attempt is	1492
a felony punishable by a fine of not more than twenty-five	1493
thousand dollars or imprisonment for not more than eighteen	1494
months, or both. An attempt to commit a minor misdemeanor, or to	1495
engage in conspiracy, is not an offense under this section.	1496

(2) In addition to any other sanctions imposed pursuant to	1497
division (E)(1) of this section for an attempt to commit	1498
aggravated murder or murder in violation of division (A) of this	1499
section, if the offender used a motor vehicle as the means to	1500
attempt to commit the offense, the court shall impose upon the	1501
offender a class two suspension of the offender's driver's	1502
license, commercial driver's license, temporary instruction	1503
permit, probationary license, or nonresident operating privilege	1504
as specified in division (A)(2) of section 4510.02 of the Revised	1505
Code.	1506

(F) As used in this section, "drug:

1507

(1) "Drug abuse offense" has the same meaning as in section	1508
2925.01 of the Revised Code.	1509

(2) "Motor vehicle" has the same meaning as in section	1510
4501.01 of the Revised Code.	1511

Sec. 2929.01.  As used in this chapter:

1512

(A)(1) "Alternative residential facility" means, subject to	1513
division (A)(2) of this section, any facility other than an	1514
offender's home or residence in which an offender is assigned to	1515
live and that satisfies all of the following criteria:	1516

(a) It provides programs through which the offender may seek	1517
or maintain employment or may receive education, training,	1518
treatment, or habilitation.	1519

(b) It has received the appropriate license or certificate	1520
for any specialized education, training, treatment, habilitation,	1521
or other service that it provides from the government agency that	1522
is responsible for licensing or certifying that type of education,	1523
training, treatment, habilitation, or service.	1524

(2) "Alternative residential facility" does not include a	1525
community-based correctional facility, jail, halfway house, or	1526
prison.	1527

(B) "Bad time" means the time by which the parole board	1528
administratively extends an offender's stated prison term or terms	1529
pursuant to section 2967.11 of the Revised Code because the parole	1530
board finds by clear and convincing evidence that the offender,	1531
while serving the prison term or terms, committed an act that is a	1532
criminal offense under the law of this state or the United States,	1533
whether or not the offender is prosecuted for the commission of	1534
that act.	1535

(C) "Basic probation supervision" means a requirement that	1536
the offender maintain contact with a person appointed to supervise	1537
the offender in accordance with sanctions imposed by the court or	1538
imposed by the parole board pursuant to section 2967.28 of the	1539
Revised Code. "Basic probation supervision" includes basic parole	1540
supervision and basic post-release control supervision.	1541

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	1542
"unit dose" have the same meanings as in section 2925.01 of the	1543
Revised Code.	1544

(E) "Community-based correctional facility" means a	1545
community-based correctional facility and program or district	1546
community-based correctional facility and program developed	1547
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	1548

(F) "Community control sanction" means a sanction that is not	1549
a prison term and that is described in section 2929.15, 2929.16,	1550
2929.17, or 2929.18 of the Revised Code or a sanction that is not	1551
a jail term and that is described in section 2929.26, 2929.27, or	1552
2929.28 of the Revised Code. "Community control sanction"	1553
includes probation if the sentence involved was imposed for a	1554
felony that was committed prior to July 1, 1996, or if the	1555
sentence involved was imposed for a misdemeanor that was committed	1556
prior to January 1, 2004.	1557

(G) "Controlled substance," "marihuana," "schedule I," and	1558
"schedule II" have the same meanings as in section 3719.01 of the	1559
Revised Code.	1560

(H) "Curfew" means a requirement that an offender during a	1561
specified period of time be at a designated place.	1562

(I) "Day reporting" means a sanction pursuant to which an	1563
offender is required each day to report to and leave a center or	1564
other approved reporting location at specified times in order to	1565
participate in work, education or training, treatment, and other	1566
approved programs at the center or outside the center.	1567

(J) "Deadly weapon" has the same meaning as in section	1568
2923.11 of the Revised Code.	1569

(K) "Drug and alcohol use monitoring" means a program under	1570
which an offender agrees to submit to random chemical analysis of	1571
the offender's blood, breath, or urine to determine whether the	1572
offender has ingested any alcohol or other drugs.	1573

(L) "Drug treatment program" means any program under which a	1574
person undergoes assessment and treatment designed to reduce or	1575
completely eliminate the person's physical or emotional reliance	1576
upon alcohol, another drug, or alcohol and another drug and under	1577
which the person may be required to receive assessment and	1578
treatment on an outpatient basis or may be required to reside at a	1579
facility other than the person's home or residence while	1580
undergoing assessment and treatment.	1581

(M) "Economic loss" means any economic detriment suffered by	1582
a victim as a direct and proximate result of the commission of an	1583
offense and includes any loss of income due to lost time at work	1584
because of any injury caused to the victim, and any property loss,	1585
medical cost, or funeral expense incurred as a result of the	1586
commission of the offense. "Economic loss" does not include	1587
non-economic loss or any punitive or exemplary damages.	1588

(N) "Education or training" includes study at, or in	1589
conjunction with a program offered by, a university, college, or	1590
technical college or vocational study and also includes the	1591
completion of primary school, secondary school, and literacy	1592
curricula or their equivalent.	1593

(O) "Firearm" has the same meaning as in section 2923.11 of	1594
the Revised Code.	1595

(P) "Halfway house" means a facility licensed by the division	1596
of parole and community services of the department of	1597
rehabilitation and correction pursuant to section 2967.14 of the	1598
Revised Code as a suitable facility for the care and treatment of	1599
adult offenders.	1600

(Q) "House arrest" means a period of confinement of an	1601
offender that is in the offender's home or in other premises	1602
specified by the sentencing court or by the parole board pursuant	1603
to section 2967.28 of the Revised Code and during which all of the	1604
following apply:	1605

(1) The offender is required to remain in the offender's home	1606
or other specified premises for the specified period of	1607
confinement, except for periods of time during which the offender	1608
is at the offender's place of employment or at other premises as	1609
authorized by the sentencing court or by the parole board.	1610

(2) The offender is required to report periodically to a	1611
person designated by the court or parole board.	1612

(3) The offender is subject to any other restrictions and	1613
requirements that may be imposed by the sentencing court or by the	1614
parole board.	1615

(R) "Intensive probation supervision" means a requirement	1616
that an offender maintain frequent contact with a person appointed	1617
by the court, or by the parole board pursuant to section 2967.28	1618
of the Revised Code, to supervise the offender while the offender	1619
is seeking or maintaining necessary employment and participating	1620
in training, education, and treatment programs as required in the	1621
court's or parole board's order. "Intensive probation supervision"	1622
includes intensive parole supervision and intensive post-release	1623
control supervision.	1624

(S) "Jail" means a jail, workhouse, minimum security jail, or	1625
other residential facility used for the confinement of alleged or	1626
convicted offenders that is operated by a political subdivision or	1627
a combination of political subdivisions of this state.	1628

(T) "Jail term" means the term in a jail that a sentencing	1629
court imposes or is authorized to impose pursuant to section	1630
2929.24 or 2929.25 of the Revised Code or pursuant to any other	1631
provision of the Revised Code that authorizes a term in a jail for	1632
a misdemeanor conviction.	1633

(U) "Mandatory jail term" means the term in a jail that a	1634
sentencing court is required to impose pursuant to division (G) of	1635
section 1547.99 of the Revised Code, division (E) of section	1636
2903.06 or division (D) of section 2903.08 of the Revised Code,	1637
division (E) of section 2929.24 of the Revised Code, division (B)	1638
of section 4510.14 of the Revised Code, or division (G) of section	1639
4511.19 of the Revised Code or pursuant to any other provision of	1640
the Revised Code that requires a term in a jail for a misdemeanor	1641
conviction.	1642

(V) "Delinquent child" has the same meaning as in section	1643
2152.02 of the Revised Code.	1644

(W) "License violation report" means a report that is made by	1645
a sentencing court, or by the parole board pursuant to section	1646
2967.28 of the Revised Code, to the regulatory or licensing board	1647
or agency that issued an offender a professional license or a	1648
license or permit to do business in this state and that specifies	1649
that the offender has been convicted of or pleaded guilty to an	1650
offense that may violate the conditions under which the offender's	1651
professional license or license or permit to do business in this	1652
state was granted or an offense for which the offender's	1653
professional license or license or permit to do business in this	1654
state may be revoked or suspended.	1655

(X) "Major drug offender" means an offender who is convicted	1656
of or pleads guilty to the possession of, sale of, or offer to	1657
sell any drug, compound, mixture, preparation, or substance that	1658
consists of or contains at least one thousand grams of hashish; at	1659
least one hundred grams of crack cocaine; at least one thousand	1660
grams of cocaine that is not crack cocaine; at least two thousand	1661
five hundred unit doses or two hundred fifty grams of heroin; at	1662
least five thousand unit doses of L.S.D. or five hundred grams of	1663
L.S.D. in a liquid concentrate, liquid extract, or liquid	1664
distillate form; or at least one hundred times the amount of any	1665
other schedule I or II controlled substance other than marihuana	1666
that is necessary to commit a felony of the third degree pursuant	1667
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	1668
Code that is based on the possession of, sale of, or offer to sell	1669
the controlled substance.	1670

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

1671

(1) Subject to division (Y)(2) of this section, the term in	1672
prison that must be imposed for the offenses or circumstances set	1673
forth in divisions (F)(1) to (8) or (F)(12) to (14) of section	1674
2929.13 and division (D) of section 2929.14 of the Revised Code.	1675
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	1676
and 2925.11 of the Revised Code, unless the maximum or another	1677
specific term is required under section 2929.14 or 2929.142 of the	1678
Revised Code, a mandatory prison term described in this division	1679
may be any prison term authorized for the level of offense.	1680

(2) The term of sixty or one hundred twenty days in prison	1681
that a sentencing court is required to impose for a third or	1682
fourth degree felony OVI offense pursuant to division (G)(2) of	1683
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	1684
of the Revised Code or the term of one, two, three, four, or five	1685
years in prison that a sentencing court is required to impose	1686
pursuant to division (G)(2) of section 2929.13 of the Revised	1687
Code.	1688

(3) The term in prison imposed pursuant to section 2971.03 of	1689
the Revised Code for the offenses and in the circumstances	1690
described in division (F)(11) of section 2929.13 of the Revised	1691
Code and that term as modified or terminated pursuant to section	1692
2971.05 of the Revised Code.	1693

(Z) "Monitored time" means a period of time during which an	1694
offender continues to be under the control of the sentencing court	1695
or parole board, subject to no conditions other than leading a	1696
law-abiding life.	1697

(AA) "Offender" means a person who, in this state, is	1698
convicted of or pleads guilty to a felony or a misdemeanor.	1699

(BB) "Prison" means a residential facility used for the	1700
confinement of convicted felony offenders that is under the	1701
control of the department of rehabilitation and correction but	1702
does not include a violation sanction center operated under	1703
authority of section 2967.141 of the Revised Code.	1704

(CC) "Prison term" includes any of the following sanctions	1705
for an offender:	1706

(1) A stated prison term;

1707

(2) A term in a prison shortened by, or with the approval of,	1708
the sentencing court pursuant to section 2929.20, 2967.26,	1709
5120.031, 5120.032, or 5120.073 of the Revised Code;	1710

(3) A term in prison extended by bad time imposed pursuant to	1711
section 2967.11 of the Revised Code or imposed for a violation of	1712
post-release control pursuant to section 2967.28 of the Revised	1713
Code.	1714

(DD) "Repeat violent offender" means a person about whom both	1715
of the following apply:	1716

(1) The person is being sentenced for committing or for	1717
complicity in committing any of the following:	1718

(a) Aggravated murder, murder, any felony of the first or	1719
second degree that is an offense of violence, or an attempt to	1720
commit any of these offenses if the attempt is a felony of the	1721
first or second degree;	1722

(b) An offense under an existing or former law of this state,	1723
another state, or the United States that is or was substantially	1724
equivalent to an offense described in division (DD)(1)(a) of this	1725
section.	1726

(2) The person previously was convicted of or pleaded guilty	1727
to an offense described in division (DD)(1)(a) or (b) of this	1728
section.	1729

(EE) "Sanction" means any penalty imposed upon an offender	1730
who is convicted of or pleads guilty to an offense, as punishment	1731
for the offense. "Sanction" includes any sanction imposed pursuant	1732
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	1733
2929.28 of the Revised Code.	1734

(FF) "Sentence" means the sanction or combination of	1735
sanctions imposed by the sentencing court on an offender who is	1736
convicted of or pleads guilty to an offense.	1737

(GG) "Stated prison term" means the prison term, mandatory	1738
prison term, or combination of all prison terms and mandatory	1739
prison terms imposed by the sentencing court pursuant to section	1740
2929.14, 2929.142, or 2971.03 of the Revised Code. "Stated prison	1741
term" includes any credit received by the offender for time spent	1742
in jail awaiting trial, sentencing, or transfer to prison for the	1743
offense and any time spent under house arrest or house arrest with	1744
electronic monitoring imposed after earning credits pursuant to	1745
section 2967.193 of the Revised Code.	1746

(HH) "Victim-offender mediation" means a reconciliation or	1747
mediation program that involves an offender and the victim of the	1748
offense committed by the offender and that includes a meeting in	1749
which the offender and the victim may discuss the offense, discuss	1750
restitution, and consider other sanctions for the offense.	1751

(II) "Fourth degree felony OVI offense" means a violation of	1752
division (A) of section 4511.19 of the Revised Code that, under	1753
division (G) of that section, is a felony of the fourth degree.	1754

(JJ) "Mandatory term of local incarceration" means the term	1755
of sixty or one hundred twenty days in a jail, a community-based	1756
correctional facility, a halfway house, or an alternative	1757
residential facility that a sentencing court may impose upon a	1758
person who is convicted of or pleads guilty to a fourth degree	1759
felony OVI offense pursuant to division (G)(1) of section 2929.13	1760
of the Revised Code and division (G)(1)(d) or (e) of section	1761
4511.19 of the Revised Code.	1762

(KK) "Designated homicide, assault, or kidnapping offense,"	1763
"violent sex offense," "sexual motivation specification,"	1764
"sexually violent offense," "sexually violent predator," and	1765
"sexually violent predator specification" have the same meanings	1766
as in section 2971.01 of the Revised Code.	1767

(LL) "Habitual sex offender," "sexually oriented offense,"	1768
"sexual predator," "registration-exempt sexually oriented	1769
offense," "child-victim oriented offense," "habitual child-victim	1770
offender," and "child-victim predator" have the same meanings as	1771
in section 2950.01 of the Revised Code.	1772

(MM) An offense is "committed in the vicinity of a child" if	1773
the offender commits the offense within thirty feet of or within	1774
the same residential unit as a child who is under eighteen years	1775
of age, regardless of whether the offender knows the age of the	1776
child or whether the offender knows the offense is being committed	1777
within thirty feet of or within the same residential unit as the	1778
child and regardless of whether the child actually views the	1779
commission of the offense.	1780

(NN) "Family or household member" has the same meaning as in	1781
section 2919.25 of the Revised Code.	1782

(OO) "Motor vehicle" and "manufactured home" have the same	1783
meanings as in section 4501.01 of the Revised Code.	1784

(PP) "Detention" and "detention facility" have the same	1785
meanings as in section 2921.01 of the Revised Code.	1786

(QQ) "Third degree felony OVI offense" means a violation of	1787
division (A) of section 4511.19 of the Revised Code that, under	1788
division (G) of that section, is a felony of the third degree.	1789

(RR) "Random drug testing" has the same meaning as in section	1790
5120.63 of the Revised Code.	1791

(SS) "Felony sex offense" has the same meaning as in section	1792
2967.28 of the Revised Code.	1793

(TT) "Body armor" has the same meaning as in section	1794
2941.1411 of the Revised Code.	1795

(UU) "Electronic monitoring" means monitoring through the use	1796
of an electronic monitoring device.	1797

(VV) "Electronic monitoring device" means any of the	1798
following:	1799

(1) Any device that can be operated by electrical or battery	1800
power and that conforms with all of the following:	1801

(a) The device has a transmitter that can be attached to a	1802
person, that will transmit a specified signal to a receiver of the	1803
type described in division (VV)(1)(b) of this section if the	1804
transmitter is removed from the person, turned off, or altered in	1805
any manner without prior court approval in relation to electronic	1806
monitoring or without prior approval of the department of	1807
rehabilitation and correction in relation to the use of an	1808
electronic monitoring device for an inmate on transitional control	1809
or otherwise is tampered with, that can transmit continuously and	1810
periodically a signal to that receiver when the person is within a	1811
specified distance from the receiver, and that can transmit an	1812
appropriate signal to that receiver if the person to whom it is	1813
attached travels a specified distance from that receiver.	1814

(b) The device has a receiver that can receive continuously	1815
the signals transmitted by a transmitter of the type described in	1816
division (VV)(1)(a) of this section, can transmit continuously	1817
those signals by telephone to a central monitoring computer of the	1818
type described in division (VV)(1)(c) of this section, and can	1819
transmit continuously an appropriate signal to that central	1820
monitoring computer if the receiver is turned off or altered	1821
without prior court approval or otherwise tampered with.	1822

(c) The device has a central monitoring computer that can	1823
receive continuously the signals transmitted by telephone by a	1824
receiver of the type described in division (VV)(1)(b) of this	1825
section and can monitor continuously the person to whom an	1826
electronic monitoring device of the type described in division	1827
(VV)(1)(a) of this section is attached.	1828

(2) Any device that is not a device of the type described in	1829
division (VV)(1) of this section and that conforms with all of the	1830
following:	1831

(a) The device includes a transmitter and receiver that can	1832
monitor and determine the location of a subject person at any	1833
time, or at a designated point in time, through the use of a	1834
central monitoring computer or through other electronic means.	1835

(b) The device includes a transmitter and receiver that can	1836
determine at any time, or at a designated point in time, through	1837
the use of a central monitoring computer or other electronic means	1838
the fact that the transmitter is turned off or altered in any	1839
manner without prior approval of the court in relation to the	1840
electronic monitoring or without prior approval of the department	1841
of rehabilitation and correction in relation to the use of an	1842
electronic monitoring device for an inmate on transitional control	1843
or otherwise is tampered with.	1844

(3) Any type of technology that can adequately track or	1845
determine the location of a subject person at any time and that is	1846
approved by the director of rehabilitation and correction,	1847
including, but not limited to, any satellite technology, voice	1848
tracking system, or retinal scanning system that is so approved.	1849

(WW) "Non-economic loss" means nonpecuniary harm suffered by	1850
a victim of an offense as a result of or related to the commission	1851
of the offense, including, but not limited to, pain and suffering;	1852
loss of society, consortium, companionship, care, assistance,	1853
attention, protection, advice, guidance, counsel, instruction,	1854
training, or education; mental anguish; and any other intangible	1855
loss.	1856

(XX) "Prosecutor" has the same meaning as in section 2935.01	1857
of the Revised Code.	1858

(YY) "Continuous alcohol monitoring" means the ability to	1859
automatically test and periodically transmit alcohol consumption	1860
levels and tamper attempts at least every hour, regardless of the	1861
location of the person who is being monitored.	1862

(ZZ) A person is "adjudicated a sexually violent predator" if	1863
the person is convicted of or pleads guilty to a violent sex	1864
offense and also is convicted of or pleads guilty to a sexually	1865
violent predator specification that was included in the	1866
indictment, count in the indictment, or information charging that	1867
violent sex offense or if the person is convicted of or pleads	1868
guilty to a designated homicide, assault, or kidnapping offense	1869
and also is convicted of or pleads guilty to both a sexual	1870
motivation specification and a sexually violent predator	1871
specification that were included in the indictment, count in the	1872
indictment, or information charging that designated homicide,	1873
assault, or kidnapping offense.	1874

Sec. 2929.02.  (A) Whoever is convicted of or pleads guilty	1875
to aggravated murder in violation of section 2903.01 of the	1876
Revised Code shall suffer death or be imprisoned for life, as	1877
determined pursuant to sections 2929.022, 2929.03, and 2929.04 of	1878
the Revised Code, except that no person who raises the matter of	1879
age pursuant to section 2929.023 of the Revised Code and who is	1880
not found to have been eighteen years of age or older at the time	1881
of the commission of the offense shall suffer death. In addition,	1882
the offender may be fined an amount fixed by the court, but not	1883
more than twenty-five thousand dollars.	1884

(B) Whoever is convicted of or pleads guilty to murder in	1885
violation of section 2903.02 of the Revised Code shall be	1886
imprisoned for an indefinite term of fifteen years to life, except	1887
that, if the offender also is convicted of or pleads guilty to a	1888
sexual motivation specification and a sexually violent predator	1889
specification that were included in the indictment, count in the	1890
indictment, or information that charged the murder, the court	1891
shall impose upon the offender a term of life imprisonment without	1892
parole that shall be served pursuant to section 2971.03 of the	1893
Revised Code. In addition, the offender may be fined an amount	1894
fixed by the court, but not more than fifteen thousand dollars.	1895

(C) The court shall not impose a fine or fines for aggravated	1896
murder or murder which, in the aggregate and to the extent not	1897
suspended by the court, exceeds the amount which the offender is	1898
or will be able to pay by the method and within the time allowed	1899
without undue hardship to the offender or to the dependents of the	1900
offender, or will prevent the offender from making reparation for	1901
the victim's wrongful death.	1902

(D)(1) In addition to any other sanctions imposed for a	1903
violation of section 2903.01 or 2903.02 of the Revised Code, if	1904
the offender used a motor vehicle as the means to commit the	1905
violation, the court shall impose upon the offender a class two	1906
suspension of the offender's driver's license, commercial driver's	1907
license, temporary instruction permit, probationary license, or	1908
nonresident operating privilege as specified in division (A)(2) of	1909
section 4510.02 of the Revised Code.	1910

(2) As used in division (D) of this section, "motor vehicle"	1911
has the same meaning as in section 4501.01 of the Revised Code.	1912

Sec. 2929.13.  (A) Except as provided in division (E), (F),	1913
or (G) of this section and unless a specific sanction is required	1914
to be imposed or is precluded from being imposed pursuant to law,	1915
a court that imposes a sentence upon an offender for a felony may	1916
impose any sanction or combination of sanctions on the offender	1917
that are provided in sections 2929.14 to 2929.18 of the Revised	1918
Code. The sentence shall not impose an unnecessary burden on state	1919
or local government resources.	1920

If the offender is eligible to be sentenced to community	1921
control sanctions, the court shall consider the appropriateness of	1922
imposing a financial sanction pursuant to section 2929.18 of the	1923
Revised Code or a sanction of community service pursuant to	1924
section 2929.17 of the Revised Code as the sole sanction for the	1925
offense. Except as otherwise provided in this division, if the	1926
court is required to impose a mandatory prison term for the	1927
offense for which sentence is being imposed, the court also may	1928
impose a financial sanction pursuant to section 2929.18 of the	1929
Revised Code but may not impose any additional sanction or	1930
combination of sanctions under section 2929.16 or 2929.17 of the	1931
Revised Code.	1932

If the offender is being sentenced for a fourth degree felony	1933
OVI offense or for a third degree felony OVI offense, in addition	1934
to the mandatory term of local incarceration or the mandatory	1935
prison term required for the offense by division (G)(1) or (2) of	1936
this section, the court shall impose upon the offender a mandatory	1937
fine in accordance with division (B)(3) of section 2929.18 of the	1938
Revised Code and may impose whichever of the following is	1939
applicable:	1940

(1) For a fourth degree felony OVI offense for which sentence	1941
is imposed under division (G)(1) of this section, an additional	1942
community control sanction or combination of community control	1943
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	1944
the court imposes upon the offender a community control sanction	1945
and the offender violates any condition of the community control	1946
sanction, the court may take any action prescribed in division (B)	1947
of section 2929.15 of the Revised Code relative to the offender,	1948
including imposing a prison term on the offender pursuant to that	1949
division.	1950

(2) For a third or fourth degree felony OVI offense for which	1951
sentence is imposed under division (G)(2) of this section, an	1952
additional prison term as described in division (D)(4) of section	1953
2929.14 of the Revised Code or a community control sanction as	1954
described in division (G)(2) of this section.	1955

(B)(1) Except as provided in division (B)(2), (E), (F), or	1956
(G) of this section, in sentencing an offender for a felony of the	1957
fourth or fifth degree, the sentencing court shall determine	1958
whether any of the following apply:	1959

(a) In committing the offense, the offender caused physical	1960
harm to a person.	1961

(b) In committing the offense, the offender attempted to	1962
cause or made an actual threat of physical harm to a person with a	1963
deadly weapon.	1964

(c) In committing the offense, the offender attempted to	1965
cause or made an actual threat of physical harm to a person, and	1966
the offender previously was convicted of an offense that caused	1967
physical harm to a person.	1968

(d) The offender held a public office or position of trust	1969
and the offense related to that office or position; the offender's	1970
position obliged the offender to prevent the offense or to bring	1971
those committing it to justice; or the offender's professional	1972
reputation or position facilitated the offense or was likely to	1973
influence the future conduct of others.	1974

(e) The offender committed the offense for hire or as part of	1975
an organized criminal activity.	1976

(f) The offense is a sex offense that is a fourth or fifth	1977
degree felony violation of section 2907.03, 2907.04, 2907.05,	1978
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	1979
Revised Code.	1980

(g) The offender at the time of the offense was serving, or	1981
the offender previously had served, a prison term.	1982

(h) The offender committed the offense while under a	1983
community control sanction, while on probation, or while released	1984
from custody on a bond or personal recognizance.	1985

(i) The offender committed the offense while in possession of	1986
a firearm.	1987

(2)(a) If the court makes a finding described in division	1988
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	1989
section and if the court, after considering the factors set forth	1990
in section 2929.12 of the Revised Code, finds that a prison term	1991
is consistent with the purposes and principles of sentencing set	1992
forth in section 2929.11 of the Revised Code and finds that the	1993
offender is not amenable to an available community control	1994
sanction, the court shall impose a prison term upon the offender.	1995

(b) Except as provided in division (E), (F), or (G) of this	1996
section, if the court does not make a finding described in	1997
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	1998
this section and if the court, after considering the factors set	1999
forth in section 2929.12 of the Revised Code, finds that a	2000
community control sanction or combination of community control	2001
sanctions is consistent with the purposes and principles of	2002
sentencing set forth in section 2929.11 of the Revised Code, the	2003
court shall impose a community control sanction or combination of	2004
community control sanctions upon the offender.	2005

(C) Except as provided in division (D), (E), (F), or (G) of	2006
this section, in determining whether to impose a prison term as a	2007
sanction for a felony of the third degree or a felony drug offense	2008
that is a violation of a provision of Chapter 2925. of the Revised	2009
Code and that is specified as being subject to this division for	2010
purposes of sentencing, the sentencing court shall comply with the	2011
purposes and principles of sentencing under section 2929.11 of the	2012
Revised Code and with section 2929.12 of the Revised Code.	2013

(D)(1) Except as provided in division (E) or (F) of this	2014
section, for a felony of the first or second degree, for a felony	2015
drug offense that is a violation of any provision of Chapter	2016
2925., 3719., or 4729. of the Revised Code for which a presumption	2017
in favor of a prison term is specified as being applicable, and	2018
for a violation of division (A)(4) of section 2907.05 of the	2019
Revised Code for which a presumption in favor of a prison term is	2020
specified as being applicable, it is presumed that a prison term	2021
is necessary in order to comply with the purposes and principles	2022
of sentencing under section 2929.11 of the Revised Code. Division	2023
(D)(2) of this section does not apply to a presumption established	2024
under this division for a violation of division (A)(4) of section	2025
2907.05 of the Revised Code.	2026

(2) Notwithstanding the presumption established under	2027
division (D)(1) of this section for the offenses listed in that	2028
division other than a violation of division (A)(4) of section	2029
2907.05 of the Revised Code, the sentencing court may impose a	2030
community control sanction or a combination of community control	2031
sanctions instead of a prison term on an offender for a felony of	2032
the first or second degree or for a felony drug offense that is a	2033
violation of any provision of Chapter 2925., 3719., or 4729. of	2034
the Revised Code for which a presumption in favor of a prison term	2035
is specified as being applicable if it makes both of the following	2036
findings:	2037

(a) A community control sanction or a combination of	2038
community control sanctions would adequately punish the offender	2039
and protect the public from future crime, because the applicable	2040
factors under section 2929.12 of the Revised Code indicating a	2041
lesser likelihood of recidivism outweigh the applicable factors	2042
under that section indicating a greater likelihood of recidivism.	2043

(b) A community control sanction or a combination of	2044
community control sanctions would not demean the seriousness of	2045
the offense, because one or more factors under section 2929.12 of	2046
the Revised Code that indicate that the offender's conduct was	2047
less serious than conduct normally constituting the offense are	2048
applicable, and they outweigh the applicable factors under that	2049
section that indicate that the offender's conduct was more serious	2050
than conduct normally constituting the offense.	2051

(E)(1) Except as provided in division (F) of this section,	2052
for any drug offense that is a violation of any provision of	2053
Chapter 2925. of the Revised Code and that is a felony of the	2054
third, fourth, or fifth degree, the applicability of a presumption	2055
under division (D) of this section in favor of a prison term or of	2056
division (B) or (C) of this section in determining whether to	2057
impose a prison term for the offense shall be determined as	2058
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2059
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	2060
Revised Code, whichever is applicable regarding the violation.	2061

(2) If an offender who was convicted of or pleaded guilty to	2062
a felony violates the conditions of a community control sanction	2063
imposed for the offense solely by reason of producing positive	2064
results on a drug test, the court, as punishment for the violation	2065
of the sanction, shall not order that the offender be imprisoned	2066
unless the court determines on the record either of the following:	2067

(a) The offender had been ordered as a sanction for the	2068
felony to participate in a drug treatment program, in a drug	2069
education program, or in narcotics anonymous or a similar program,	2070
and the offender continued to use illegal drugs after a reasonable	2071
period of participation in the program.	2072

(b) The imprisonment of the offender for the violation is	2073
consistent with the purposes and principles of sentencing set	2074
forth in section 2929.11 of the Revised Code.	2075

(F) Notwithstanding divisions (A) to (E) of this section, the	2076
court shall impose a prison term or terms under sections 2929.02	2077
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	2078
of the Revised Code and except as specifically provided in section	2079
2929.20 or 2967.191 of the Revised Code or when parole is	2080
authorized for the offense under section 2967.13 of the Revised	2081
Code shall not reduce the term or terms pursuant to section	2082
2929.20, section 2967.193, or any other provision of Chapter 2967.	2083
or Chapter 5120. of the Revised Code for any of the following	2084
offenses:	2085

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

2086

(2) Any rape, regardless of whether force was involved and	2087
regardless of the age of the victim, or an attempt to commit rape	2088
if, had the offender completed the rape that was attempted, the	2089
offender would have been subject to a sentence of life	2090
imprisonment or life imprisonment without parole for the rape;	2091

(3) Gross sexual imposition or sexual battery, if the victim	2092
is under thirteen years of age and if any of the following	2093
applies:	2094

(a) Regarding gross sexual imposition, the offender	2095
previously was convicted of or pleaded guilty to rape, the former	2096
offense of felonious sexual penetration, gross sexual imposition,	2097
or sexual battery, and the victim of the previous offense was	2098
under thirteen years of age;	2099

(b) Regarding gross sexual imposition, the offense was	2100
committed on or after the effective date of this amendmentAugust	2101
3, 2006, and evidence other than the testimony of the victim was	2102
admitted in the case corroborating the violation.	2103

(c) Regarding sexual battery, either of the following	2104
applies:	2105

(i) The offense was committed prior to the effective date of	2106
this amendmentAugust 3, 2006, the offender previously was	2107
convicted of or pleaded guilty to rape, the former offense of	2108
felonious sexual penetration, or sexual battery, and the victim of	2109
the previous offense was under thirteen years of age.	2110

(ii) The offense was committed on or after the effective date	2111
of this amendmentAugust 3, 2006.	2112

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	2113
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	2114
requires the imposition of a prison term;	2115

(5) A first, second, or third degree felony drug offense for	2116
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2117
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	2118
4729.99 of the Revised Code, whichever is applicable regarding the	2119
violation, requires the imposition of a mandatory prison term;	2120

(6) Any offense that is a first or second degree felony and	2121
that is not set forth in division (F)(1), (2), (3), or (4) of this	2122
section, if the offender previously was convicted of or pleaded	2123
guilty to aggravated murder, murder, any first or second degree	2124
felony, or an offense under an existing or former law of this	2125
state, another state, or the United States that is or was	2126
substantially equivalent to one of those offenses;	2127

(7) Any offense that is a third degree felony and either is	2128
a violation of section 2903.04 of the Revised Code or an attempt	2129
to commit a felony of the second degree that is an offense of	2130
violence and involved an attempt to cause serious physical harm to	2131
a person or that resulted in serious physical harm to a person if	2132
the offender previously was convicted of or pleaded guilty to any	2133
of the following offenses:	2134

(a) Aggravated murder, murder, involuntary manslaughter,	2135
rape, felonious sexual penetration as it existed under section	2136
2907.12 of the Revised Code prior to September 3, 1996, a felony	2137
of the first or second degree that resulted in the death of a	2138
person or in physical harm to a person, or complicity in or an	2139
attempt to commit any of those offenses;	2140

(b) An offense under an existing or former law of this state,	2141
another state, or the United States that is or was substantially	2142
equivalent to an offense listed in division (F)(7)(a) of this	2143
section that resulted in the death of a person or in physical harm	2144
to a person.	2145

(8) Any offense, other than a violation of section 2923.12 of	2146
the Revised Code, that is a felony, if the offender had a firearm	2147
on or about the offender's person or under the offender's control	2148
while committing the felony, with respect to a portion of the	2149
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	2150
of the Revised Code for having the firearm;	2151

(9) Any offense of violence that is a felony, if the offender	2152
wore or carried body armor while committing the felony offense of	2153
violence, with respect to the portion of the sentence imposed	2154
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	2155
Code for wearing or carrying the body armor;	2156

(10) Corrupt activity in violation of section 2923.32 of the	2157
Revised Code when the most serious offense in the pattern of	2158
corrupt activity that is the basis of the offense is a felony of	2159
the first degree;	2160

(11) Any violent sex offense or designated homicide, assault,	2161
or kidnapping offense if, in relation to that offense, the	2162
offender is adjudicated a sexually violent predator;	2163

(12) A violation of division (A)(1) or (2) of section 2921.36	2164
of the Revised Code, or a violation of division (C) of that	2165
section involving an item listed in division (A)(1) or (2) of that	2166
section, if the offender is an officer or employee of the	2167
department of rehabilitation and correction;	2168

(13) A violation of division (A)(1) or (2) of section 2903.06	2169
of the Revised Code if the victim of the offense is a peace	2170
officer, as defined in section 2935.01 of the Revised Code, with	2171
respect to the portion of the sentence imposed pursuant to	2172
division (D)(5) of section 2929.14 of the Revised Code;	2173

(14) A violation of division (A)(1) or (2) of section 2903.06	2174
of the Revised Code if the offender has been convicted of or	2175
pleaded guilty to three or more violations of division (A) or (B)	2176
of section 4511.19 of the Revised Code or an equivalent offense,	2177
as defined in section 2941.1415 of the Revised Code, or three or	2178
more violations of any combination of those divisions and	2179
offenses, with respect to the portion of the sentence imposed	2180
pursuant to division (D)(6) of section 2929.14 of the Revised	2181
Code.	2182

(G) Notwithstanding divisions (A) to (E) of this section, if	2183
an offender is being sentenced for a fourth degree felony OVI	2184
offense or for a third degree felony OVI offense, the court shall	2185
impose upon the offender a mandatory term of local incarceration	2186
or a mandatory prison term in accordance with the following:	2187

(1) If the offender is being sentenced for a fourth degree	2188
felony OVI offense and if the offender has not been convicted of	2189
and has not pleaded guilty to a specification of the type	2190
described in section 2941.1413 of the Revised Code, the court may	2191
impose upon the offender a mandatory term of local incarceration	2192
of sixty days or one hundred twenty days as specified in division	2193
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	2194
not reduce the term pursuant to section 2929.20, 2967.193, or any	2195
other provision of the Revised Code. The court that imposes a	2196
mandatory term of local incarceration under this division shall	2197
specify whether the term is to be served in a jail, a	2198
community-based correctional facility, a halfway house, or an	2199
alternative residential facility, and the offender shall serve the	2200
term in the type of facility specified by the court. A mandatory	2201
term of local incarceration imposed under division (G)(1) of this	2202
section is not subject to extension under section 2967.11 of the	2203
Revised Code, to a period of post-release control under section	2204
2967.28 of the Revised Code, or to any other Revised Code	2205
provision that pertains to a prison term except as provided in	2206
division (A)(1) of this section.	2207

(2) If the offender is being sentenced for a third degree	2208
felony OVI offense, or if the offender is being sentenced for a	2209
fourth degree felony OVI offense and the court does not impose a	2210
mandatory term of local incarceration under division (G)(1) of	2211
this section, the court shall impose upon the offender a mandatory	2212
prison term of one, two, three, four, or five years if the	2213
offender also is convicted of or also pleads guilty to a	2214
specification of the type described in section 2941.1413 of the	2215
Revised Code or shall impose upon the offender a mandatory prison	2216
term of sixty days or one hundred twenty days as specified in	2217
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	2218
if the offender has not been convicted of and has not pleaded	2219
guilty to a specification of that type. The court shall not reduce	2220
the term pursuant to section 2929.20, 2967.193, or any other	2221
provision of the Revised Code. The offender shall serve the one-,	2222
two-, three-, four-, or five-year mandatory prison term	2223
consecutively to and prior to the prison term imposed for the	2224
underlying offense and consecutively to any other mandatory prison	2225
term imposed in relation to the offense. In no case shall an	2226
offender who once has been sentenced to a mandatory term of local	2227
incarceration pursuant to division (G)(1) of this section for a	2228
fourth degree felony OVI offense be sentenced to another mandatory	2229
term of local incarceration under that division for any violation	2230
of division (A) of section 4511.19 of the Revised Code. In	2231
addition to the mandatory prison term described in division (G)(2)	2232
of this section, the court may sentence the offender to a	2233
community control sanction under section 2929.16 or 2929.17 of the	2234
Revised Code, but the offender shall serve the prison term prior	2235
to serving the community control sanction. The department of	2236
rehabilitation and correction may place an offender sentenced to a	2237
mandatory prison term under this division in an intensive program	2238
prison established pursuant to section 5120.033 of the Revised	2239
Code if the department gave the sentencing judge prior notice of	2240
its intent to place the offender in an intensive program prison	2241
established under that section and if the judge did not notify the	2242
department that the judge disapproved the placement. Upon the	2243
establishment of the initial intensive program prison pursuant to	2244
section 5120.033 of the Revised Code that is privately operated	2245
and managed by a contractor pursuant to a contract entered into	2246
under section 9.06 of the Revised Code, both of the following	2247
apply:	2248

(a) The department of rehabilitation and correction shall	2249
make a reasonable effort to ensure that a sufficient number of	2250
offenders sentenced to a mandatory prison term under this division	2251
are placed in the privately operated and managed prison so that	2252
the privately operated and managed prison has full occupancy.	2253

(b) Unless the privately operated and managed prison has full	2254
occupancy, the department of rehabilitation and correction shall	2255
not place any offender sentenced to a mandatory prison term under	2256
this division in any intensive program prison established pursuant	2257
to section 5120.033 of the Revised Code other than the privately	2258
operated and managed prison.	2259

(H) If an offender is being sentenced for a sexually oriented	2260
offense committed on or after January 1, 1997, the judge shall	2261
require the offender to submit to a DNA specimen collection	2262
procedure pursuant to section 2901.07 of the Revised Code if	2263
either of the following applies:	2264

(1) The offense was a violent sex offense or a designated	2265
homicide, assault, or kidnapping offense and, in relation to that	2266
offense, the offender was adjudicated a sexually violent predator.	2267

(2) The judge imposing sentence for the sexually oriented	2268
offense determines pursuant to division (B) of section 2950.09 of	2269
the Revised Code that the offender is a sexual predator.	2270

(I) If an offender is being sentenced for a sexually oriented	2271
offense that is not a registration-exempt sexually oriented	2272
offense or for a child-victim oriented offense committed on or	2273
after January 1, 1997, the judge shall include in the sentence a	2274
summary of the offender's duties imposed under sections 2950.04,	2275
2950.041, 2950.05, and 2950.06 of the Revised Code and the	2276
duration of the duties. The judge shall inform the offender, at	2277
the time of sentencing, of those duties and of their duration and,	2278
if required under division (A)(2) of section 2950.03 of the	2279
Revised Code, shall perform the duties specified in that section.	2280

(J)(1) Except as provided in division (J)(2) of this section,	2281
when considering sentencing factors under this section in relation	2282
to an offender who is convicted of or pleads guilty to an attempt	2283
to commit an offense in violation of section 2923.02 of the	2284
Revised Code, the sentencing court shall consider the factors	2285
applicable to the felony category of the violation of section	2286
2923.02 of the Revised Code instead of the factors applicable to	2287
the felony category of the offense attempted.	2288

(2) When considering sentencing factors under this section in	2289
relation to an offender who is convicted of or pleads guilty to an	2290
attempt to commit a drug abuse offense for which the penalty is	2291
determined by the amount or number of unit doses of the controlled	2292
substance involved in the drug abuse offense, the sentencing court	2293
shall consider the factors applicable to the felony category that	2294
the drug abuse offense attempted would be if that drug abuse	2295
offense had been committed and had involved an amount or number of	2296
unit doses of the controlled substance that is within the next	2297
lower range of controlled substance amounts than was involved in	2298
the attempt.	2299

(K) As used in this section, "drug abuse offense" has the	2300
same meaning as in section 2925.01 of the Revised Code.	2301

(L) At the time of sentencing an offender who is a sexual	2302
predator for any sexually oriented offense, if the offender does	2303
not serve a prison term or jail term, the court may require that	2304
the offender be monitored by means of a global positioning device.	2305
If the court requires such monitoring, the cost of monitoring	2306
shall be borne by the offender. If the offender is indigent, the	2307
cost of compliance shall be paid by the crime victims reparations	2308
fund.	2309

Sec. 2929.14.  (A) Except as provided in division (C),	2310
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G), or (L) of	2311
this section and except in relation to an offense for which a	2312
sentence of death or life imprisonment is to be imposed, if the	2313
court imposing a sentence upon an offender for a felony elects or	2314
is required to impose a prison term on the offender pursuant to	2315
this chapter, the court shall impose a definite prison term that	2316
shall be one of the following:	2317

(1) For a felony of the first degree, the prison term shall	2318
be three, four, five, six, seven, eight, nine, or ten years.	2319

(2) For a felony of the second degree, the prison term shall	2320
be two, three, four, five, six, seven, or eight years.	2321

(3) For a felony of the third degree, the prison term shall	2322
be one, two, three, four, or five years.	2323

(4) For a felony of the fourth degree, the prison term shall	2324
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	2325
fourteen, fifteen, sixteen, seventeen, or eighteen months.	2326

(5) For a felony of the fifth degree, the prison term shall	2327
be six, seven, eight, nine, ten, eleven, or twelve months.	2328

(B) Except as provided in division (C), (D)(1), (D)(2),	2329
(D)(3), (D)(5), (D)(6), or (G), or (L) of this section, in section	2330
2907.02 or 2907.05 of the Revised Code, or in Chapter 2925. of the	2331
Revised Code, if the court imposing a sentence upon an offender	2332
for a felony elects or is required to impose a prison term on the	2333
offender, the court shall impose the shortest prison term	2334
authorized for the offense pursuant to division (A) of this	2335
section, unless one or more of the following applies:	2336

(1) The offender was serving a prison term at the time of the	2337
offense, or the offender previously had served a prison term.	2338

(2) The court finds on the record that the shortest prison	2339
term will demean the seriousness of the offender's conduct or will	2340
not adequately protect the public from future crime by the	2341
offender or others.	2342

(C) Except as provided in division (G) or (L) of this section	2343
or in Chapter 2925. of the Revised Code, the court imposing a	2344
sentence upon an offender for a felony may impose the longest	2345
prison term authorized for the offense pursuant to division (A) of	2346
this section only upon offenders who committed the worst forms of	2347
the offense, upon offenders who pose the greatest likelihood of	2348
committing future crimes, upon certain major drug offenders under	2349
division (D)(3) of this section, and upon certain repeat violent	2350
offenders in accordance with division (D)(2) of this section.	2351

(D)(1)(a) Except as provided in division (D)(1)(e) of this	2352
section, if an offender who is convicted of or pleads guilty to a	2353
felony also is convicted of or pleads guilty to a specification of	2354
the type described in section 2941.141, 2941.144, or 2941.145 of	2355
the Revised Code, the court shall impose on the offender one of	2356
the following prison terms:	2357

(i) A prison term of six years if the specification is of the	2358
type described in section 2941.144 of the Revised Code that	2359
charges the offender with having a firearm that is an automatic	2360
firearm or that was equipped with a firearm muffler or silencer on	2361
or about the offender's person or under the offender's control	2362
while committing the felony;	2363

(ii) A prison term of three years if the specification is of	2364
the type described in section 2941.145 of the Revised Code that	2365
charges the offender with having a firearm on or about the	2366
offender's person or under the offender's control while committing	2367
the offense and displaying the firearm, brandishing the firearm,	2368
indicating that the offender possessed the firearm, or using it to	2369
facilitate the offense;	2370

(iii) A prison term of one year if the specification is of	2371
the type described in section 2941.141 of the Revised Code that	2372
charges the offender with having a firearm on or about the	2373
offender's person or under the offender's control while committing	2374
the felony.	2375

(b) If a court imposes a prison term on an offender under	2376
division (D)(1)(a) of this section, the prison term shall not be	2377
reduced pursuant to section 2929.20, section 2967.193, or any	2378
other provision of Chapter 2967. or Chapter 5120. of the Revised	2379
Code. A court shall not impose more than one prison term on an	2380
offender under division (D)(1)(a) of this section for felonies	2381
committed as part of the same act or transaction.	2382

(c) Except as provided in division (D)(1)(e) of this section,	2383
if an offender who is convicted of or pleads guilty to a violation	2384
of section 2923.161 of the Revised Code or to a felony that	2385
includes, as an essential element, purposely or knowingly causing	2386
or attempting to cause the death of or physical harm to another,	2387
also is convicted of or pleads guilty to a specification of the	2388
type described in section 2941.146 of the Revised Code that	2389
charges the offender with committing the offense by discharging a	2390
firearm from a motor vehicle other than a manufactured home, the	2391
court, after imposing a prison term on the offender for the	2392
violation of section 2923.161 of the Revised Code or for the other	2393
felony offense under division (A), (D)(2), or (D)(3) of this	2394
section, shall impose an additional prison term of five years upon	2395
the offender that shall not be reduced pursuant to section	2396
2929.20, section 2967.193, or any other provision of Chapter 2967.	2397
or Chapter 5120. of the Revised Code. A court shall not impose	2398
more than one additional prison term on an offender under division	2399
(D)(1)(c) of this section for felonies committed as part of the	2400
same act or transaction. If a court imposes an additional prison	2401
term on an offender under division (D)(1)(c) of this section	2402
relative to an offense, the court also shall impose a prison term	2403
under division (D)(1)(a) of this section relative to the same	2404
offense, provided the criteria specified in that division for	2405
imposing an additional prison term are satisfied relative to the	2406
offender and the offense.	2407

(d) If an offender who is convicted of or pleads guilty to	2408
an offense of violence that is a felony also is convicted of or	2409
pleads guilty to a specification of the type described in section	2410
2941.1411 of the Revised Code that charges the offender with	2411
wearing or carrying body armor while committing the felony offense	2412
of violence, the court shall impose on the offender a prison term	2413
of two years. The prison term so imposed shall not be reduced	2414
pursuant to section 2929.20, section 2967.193, or any other	2415
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	2416
court shall not impose more than one prison term on an offender	2417
under division (D)(1)(d) of this section for felonies committed as	2418
part of the same act or transaction. If a court imposes an	2419
additional prison term under division (D)(1)(a) or (c) of this	2420
section, the court is not precluded from imposing an additional	2421
prison term under division (D)(1)(d) of this section.	2422

(e) The court shall not impose any of the prison terms	2423
described in division (D)(1)(a) of this section or any of the	2424
additional prison terms described in division (D)(1)(c) of this	2425
section upon an offender for a violation of section 2923.12 or	2426
2923.123 of the Revised Code. The court shall not impose any of	2427
the prison terms described in division (D)(1)(a) of this section	2428
or any of the additional prison terms described in division	2429
(D)(1)(c) of this section upon an offender for a violation of	2430
section 2923.13 of the Revised Code unless all of the following	2431
apply:	2432

(i) The offender previously has been convicted of aggravated	2433
murder, murder, or any felony of the first or second degree.	2434

(ii) Less than five years have passed since the offender was	2435
released from prison or post-release control, whichever is later,	2436
for the prior offense.	2437

(f) If an offender is convicted of or pleads guilty to a	2438
felony that includes, as an essential element, causing or	2439
attempting to cause the death of or physical harm to another and	2440
also is convicted of or pleads guilty to a specification of the	2441
type described in section 2941.1412 of the Revised Code that	2442
charges the offender with committing the offense by discharging a	2443
firearm at a peace officer as defined in section 2935.01 of the	2444
Revised Code or a corrections officer as defined in section	2445
2941.1412 of the Revised Code, the court, after imposing a prison	2446
term on the offender for the felony offense under division (A),	2447
(D)(2), or (D)(3) of this section, shall impose an additional	2448
prison term of seven years upon the offender that shall not be	2449
reduced pursuant to section 2929.20, section 2967.193, or any	2450
other provision of Chapter 2967. or Chapter 5120. of the Revised	2451
Code. A court shall not impose more than one additional prison	2452
term on an offender under division (D)(1)(f) of this section for	2453
felonies committed as part of the same act or transaction. If a	2454
court imposes an additional prison term on an offender under	2455
division (D)(1)(f) of this section relative to an offense, the	2456
court shall not impose a prison term under division (D)(1)(a) or	2457
(c) of this section relative to the same offense.	2458

(2)(a) If division (D)(2)(b) of this section does not apply,	2459
the court may impose on an offender, in addition to the longest	2460
prison term authorized or required for the offense, an additional	2461
definite prison term of one, two, three, four, five, six, seven,	2462
eight, nine, or ten years if all of the following criteria are	2463
met:	2464

(i) The offender is convicted of or pleads guilty to a	2465
specification of the type described in section 2941.149 of the	2466
Revised Code that the offender is a repeat violent offender.	2467

(ii) The offense of which the offender currently is convicted	2468
or to which the offender currently pleads guilty is aggravated	2469
murder and the court does not impose a sentence of death or life	2470
imprisonment without parole, murder, terrorism and the court does	2471
not impose a sentence of life imprisonment without parole, any	2472
felony of the first degree that is an offense of violence and the	2473
court does not impose a sentence of life imprisonment without	2474
parole, or any felony of the second degree that is an offense of	2475
violence and the trier of fact finds that the offense involved an	2476
attempt to cause or a threat to cause serious physical harm to a	2477
person or resulted in serious physical harm to a person.	2478

(iii) The court imposes the longest prison term for the	2479
offense that is not life imprisonment without parole.	2480

(iv) The court finds that the prison terms imposed pursuant	2481
to division (D)(2)(a)(iii) of this section and, if applicable,	2482
division (D)(1) or (3) of this section are inadequate to punish	2483
the offender and protect the public from future crime, because the	2484
applicable factors under section 2929.12 of the Revised Code	2485
indicating a greater likelihood of recidivism outweigh the	2486
applicable factors under that section indicating a lesser	2487
likelihood of recidivism.	2488

(v) The court finds that the prison terms imposed pursuant to	2489
division (D)(2)(a)(iii) of this section and, if applicable,	2490
division (D)(1) or (3) of this section are demeaning to the	2491
seriousness of the offense, because one or more of the factors	2492
under section 2929.12 of the Revised Code indicating that the	2493
offender's conduct is more serious than conduct normally	2494
constituting the offense are present, and they outweigh the	2495
applicable factors under that section indicating that the	2496
offender's conduct is less serious than conduct normally	2497
constituting the offense.	2498

(b) The court shall impose on an offender the longest prison	2499
term authorized or required for the offense and shall impose on	2500
the offender an additional definite prison term of one, two,	2501
three, four, five, six, seven, eight, nine, or ten years if all of	2502
the following criteria are met:	2503

(i) The offender is convicted of or pleads guilty to a	2504
specification of the type described in section 2941.149 of the	2505
Revised Code that the offender is a repeat violent offender.	2506

(ii) The offender within the preceding twenty years has been	2507
convicted of or pleaded guilty to three or more offenses described	2508
in division (DD)(1) of section 2929.01 of the Revised Code,	2509
including all offenses described in that division of which the	2510
offender is convicted or to which the offender pleads guilty in	2511
the current prosecution and all offenses described in that	2512
division of which the offender previously has been convicted or to	2513
which the offender previously pleaded guilty, whether prosecuted	2514
together or separately.	2515

(iii) The offense or offenses of which the offender currently	2516
is convicted or to which the offender currently pleads guilty is	2517
aggravated murder and the court does not impose a sentence of	2518
death or life imprisonment without parole, murder, terrorism and	2519
the court does not impose a sentence of life imprisonment without	2520
parole, any felony of the first degree that is an offense of	2521
violence and the court does not impose a sentence of life	2522
imprisonment without parole, or any felony of the second degree	2523
that is an offense of violence and the trier of fact finds that	2524
the offense involved an attempt to cause or a threat to cause	2525
serious physical harm to a person or resulted in serious physical	2526
harm to a person.	2527

(c) For purposes of division (D)(2)(b) of this section, two	2528
or more offenses committed at the same time or as part of the same	2529
act or event shall be considered one offense, and that one offense	2530
shall be the offense with the greatest penalty.	2531

(d) A sentence imposed under division (D)(2)(a) or (b) of	2532
this section shall not be reduced pursuant to section 2929.20 or	2533
section 2967.193, or any other provision of Chapter 2967. or	2534
Chapter 5120. of the Revised Code. The offender shall serve an	2535
additional prison term imposed under this section consecutively to	2536
and prior to the prison term imposed for the underlying offense.	2537

(e) When imposing a sentence pursuant to division (D)(2)(a)	2538
or (b) of this section, the court shall state its findings	2539
explaining the imposed sentence.	2540

(3)(a) Except when an offender commits a violation of section	2541
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	2542
the violation is life imprisonment or commits a violation of	2543
section 2903.02 of the Revised Code, if the offender commits a	2544
violation of section 2925.03 or 2925.11 of the Revised Code and	2545
that section classifies the offender as a major drug offender and	2546
requires the imposition of a ten-year prison term on the offender,	2547
if the offender commits a felony violation of section 2925.02,	2548
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	2549
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	2550
division (C) of section 4729.51, or division (J) of section	2551
4729.54 of the Revised Code that includes the sale, offer to sell,	2552
or possession of a schedule I or II controlled substance, with the	2553
exception of marihuana, and the court imposing sentence upon the	2554
offender finds that the offender is guilty of a specification of	2555
the type described in section 2941.1410 of the Revised Code	2556
charging that the offender is a major drug offender, if the court	2557
imposing sentence upon an offender for a felony finds that the	2558
offender is guilty of corrupt activity with the most serious	2559
offense in the pattern of corrupt activity being a felony of the	2560
first degree, or if the offender is guilty of an attempted	2561
violation of section 2907.02 of the Revised Code and, had the	2562
offender completed the violation of section 2907.02 of the Revised	2563
Code that was attempted, the offender would have been subject to a	2564
sentence of life imprisonment or life imprisonment without parole	2565
for the violation of section 2907.02 of the Revised Code, the	2566
court shall impose upon the offender for the felony violation a	2567
ten-year prison term that cannot be reduced pursuant to section	2568
2929.20 or Chapter 2967. or 5120. of the Revised Code.	2569

(b) The court imposing a prison term on an offender under	2570
division (D)(3)(a) of this section may impose an additional prison	2571
term of one, two, three, four, five, six, seven, eight, nine, or	2572
ten years, if the court, with respect to the term imposed under	2573
division (D)(3)(a) of this section and, if applicable, divisions	2574
(D)(1) and (2) of this section, makes both of the findings set	2575
forth in divisions (D)(2)(a)(iv) and (v) of this section.	2576

(4) If the offender is being sentenced for a third or fourth	2577
degree felony OVI offense under division (G)(2) of section 2929.13	2578
of the Revised Code, the sentencing court shall impose upon the	2579
offender a mandatory prison term in accordance with that division.	2580
In addition to the mandatory prison term, if the offender is being	2581
sentenced for a fourth degree felony OVI offense, the court,	2582
notwithstanding division (A)(4) of this section, may sentence the	2583
offender to a definite prison term of not less than six months and	2584
not more than thirty months, and if the offender is being	2585
sentenced for a third degree felony OVI offense, the sentencing	2586
court may sentence the offender to an additional prison term of	2587
any duration specified in division (A)(3) of this section. In	2588
either case, the additional prison term imposed shall be reduced	2589
by the sixty or one hundred twenty days imposed upon the offender	2590
as the mandatory prison term. The total of the additional prison	2591
term imposed under division (D)(4) of this section plus the sixty	2592
or one hundred twenty days imposed as the mandatory prison term	2593
shall equal a definite term in the range of six months to thirty	2594
months for a fourth degree felony OVI offense and shall equal one	2595
of the authorized prison terms specified in division (A)(3) of	2596
this section for a third degree felony OVI offense. If the court	2597
imposes an additional prison term under division (D)(4) of this	2598
section, the offender shall serve the additional prison term after	2599
the offender has served the mandatory prison term required for the	2600
offense. In addition to the mandatory prison term or mandatory and	2601
additional prison term imposed as described in division (D)(4) of	2602
this section, the court also may sentence the offender to a	2603
community control sanction under section 2929.16 or 2929.17 of the	2604
Revised Code, but the offender shall serve all of the prison terms	2605
so imposed prior to serving the community control sanction.	2606

If the offender is being sentenced for a fourth degree felony	2607
OVI offense under division (G)(1) of section 2929.13 of the	2608
Revised Code and the court imposes a mandatory term of local	2609
incarceration, the court may impose a prison term as described in	2610
division (A)(1) of that section.	2611

(5) If an offender is convicted of or pleads guilty to a	2612
violation of division (A)(1) or (2) of section 2903.06 of the	2613
Revised Code and also is convicted of or pleads guilty to a	2614
specification of the type described in section 2941.1414 of the	2615
Revised Code that charges that the victim of the offense is a	2616
peace officer, as defined in section 2935.01 of the Revised Code,	2617
the court shall impose on the offender a prison term of five	2618
years. If a court imposes a prison term on an offender under	2619
division (D)(5) of this section, the prison term shall not be	2620
reduced pursuant to section 2929.20, section 2967.193, or any	2621
other provision of Chapter 2967. or Chapter 5120. of the Revised	2622
Code. A court shall not impose more than one prison term on an	2623
offender under division (D)(5) of this section for felonies	2624
committed as part of the same act.	2625

(6) If an offender is convicted of or pleads guilty to a	2626
violation of division (A)(1) or (2) of section 2903.06 of the	2627
Revised Code and also is convicted of or pleads guilty to a	2628
specification of the type described in section 2941.1415 of the	2629
Revised Code that charges that the offender previously has been	2630
convicted of or pleaded guilty to three or more violations of	2631
division (A) or (B) of section 4511.19 of the Revised Code or an	2632
equivalent offense, as defined in section 2941.1415 of the Revised	2633
Code, or three or more violations of any combination of those	2634
divisions and offenses, the court shall impose on the offender a	2635
prison term of three years. If a court imposes a prison term on an	2636
offender under division (D)(6) of this section, the prison term	2637
shall not be reduced pursuant to section 2929.20, section	2638
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2639
of the Revised Code. A court shall not impose more than one prison	2640
term on an offender under division (D)(6) of this section for	2641
felonies committed as part of the same act.	2642

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	2643
mandatory prison term is imposed upon an offender pursuant to	2644
division (D)(1)(a) of this section for having a firearm on or	2645
about the offender's person or under the offender's control while	2646
committing a felony, if a mandatory prison term is imposed upon an	2647
offender pursuant to division (D)(1)(c) of this section for	2648
committing a felony specified in that division by discharging a	2649
firearm from a motor vehicle, or if both types of mandatory prison	2650
terms are imposed, the offender shall serve any mandatory prison	2651
term imposed under either division consecutively to any other	2652
mandatory prison term imposed under either division or under	2653
division (D)(1)(d) of this section, consecutively to and prior to	2654
any prison term imposed for the underlying felony pursuant to	2655
division (A), (D)(2), or (D)(3) of this section or any other	2656
section of the Revised Code, and consecutively to any other prison	2657
term or mandatory prison term previously or subsequently imposed	2658
upon the offender.	2659

(b) If a mandatory prison term is imposed upon an offender	2660
pursuant to division (D)(1)(d) of this section for wearing or	2661
carrying body armor while committing an offense of violence that	2662
is a felony, the offender shall serve the mandatory term so	2663
imposed consecutively to any other mandatory prison term imposed	2664
under that division or under division (D)(1)(a) or (c) of this	2665
section, consecutively to and prior to any prison term imposed for	2666
the underlying felony under division (A), (D)(2), or (D)(3) of	2667
this section or any other section of the Revised Code, and	2668
consecutively to any other prison term or mandatory prison term	2669
previously or subsequently imposed upon the offender.	2670

(c) If a mandatory prison term is imposed upon an offender	2671
pursuant to division (D)(1)(f) of this section, the offender shall	2672
serve the mandatory prison term so imposed consecutively to and	2673
prior to any prison term imposed for the underlying felony under	2674
division (A), (D)(2), or (D)(3) of this section or any other	2675
section of the Revised Code, and consecutively to any other prison	2676
term or mandatory prison term previously or subsequently imposed	2677
upon the offender.	2678

(2) If an offender who is an inmate in a jail, prison, or	2679
other residential detention facility violates section 2917.02,	2680
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	2681
who is under detention at a detention facility commits a felony	2682
violation of section 2923.131 of the Revised Code, or if an	2683
offender who is an inmate in a jail, prison, or other residential	2684
detention facility or is under detention at a detention facility	2685
commits another felony while the offender is an escapee in	2686
violation of section 2921.34 of the Revised Code, any prison term	2687
imposed upon the offender for one of those violations shall be	2688
served by the offender consecutively to the prison term or term of	2689
imprisonment the offender was serving when the offender committed	2690
that offense and to any other prison term previously or	2691
subsequently imposed upon the offender.	2692

(3) If a prison term is imposed for a violation of division	2693
(B) of section 2911.01 of the Revised Code, a violation of	2694
division (A) of section 2913.02 of the Revised Code in which the	2695
stolen property is a firearm or dangerous ordnance, or a felony	2696
violation of division (B) of section 2921.331 of the Revised Code,	2697
the offender shall serve that prison term consecutively to any	2698
other prison term or mandatory prison term previously or	2699
subsequently imposed upon the offender.	2700

(4) If multiple prison terms are imposed on an offender for	2701
convictions of multiple offenses, the court may require the	2702
offender to serve the prison terms consecutively if the court	2703
finds that the consecutive service is necessary to protect the	2704
public from future crime or to punish the offender and that	2705
consecutive sentences are not disproportionate to the seriousness	2706
of the offender's conduct and to the danger the offender poses to	2707
the public, and if the court also finds any of the following:	2708

(a) The offender committed one or more of the multiple	2709
offenses while the offender was awaiting trial or sentencing, was	2710
under a sanction imposed pursuant to section 2929.16, 2929.17, or	2711
2929.18 of the Revised Code, or was under post-release control for	2712
a prior offense.	2713

(b) At least two of the multiple offenses were committed as	2714
part of one or more courses of conduct, and the harm caused by two	2715
or more of the multiple offenses so committed was so great or	2716
unusual that no single prison term for any of the offenses	2717
committed as part of any of the courses of conduct adequately	2718
reflects the seriousness of the offender's conduct.	2719

(c) The offender's history of criminal conduct demonstrates	2720
that consecutive sentences are necessary to protect the public	2721
from future crime by the offender.	2722

(5) If a mandatory prison term is imposed upon an offender	2723
pursuant to division (D)(5) or (6) of this section, the offender	2724
shall serve the mandatory prison term consecutively to and prior	2725
to any prison term imposed for the underlying violation of	2726
division (A)(1) or (2) of section 2903.06 of the Revised Code	2727
pursuant to division (A) of this section or section 2929.142 of	2728
the Revised Code. If a mandatory prison term is imposed upon an	2729
offender pursuant to division (D)(5) of this section, and if a	2730
mandatory prison term also is imposed upon the offender pursuant	2731
to division (D)(6) of this section in relation to the same	2732
violation, the offender shall serve the mandatory prison term	2733
imposed pursuant to division (D)(5) of this section consecutively	2734
to and prior to the mandatory prison term imposed pursuant to	2735
division (D)(6) of this section and consecutively to and prior to	2736
any prison term imposed for the underlying violation of division	2737
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	2738
division (A) of this section or section 2929.142 of the Revised	2739
Code.	2740

(6) When consecutive prison terms are imposed pursuant to	2741
division (E)(1), (2), (3), (4), or (5) of this section, the term	2742
to be served is the aggregate of all of the terms so imposed.	2743

(F)(1) If a court imposes a prison term for a felony of the	2744
first degree, for a felony of the second degree, for a felony sex	2745
offense, or for a felony of the third degree that is not a felony	2746
sex offense and in the commission of which the offender caused or	2747
threatened to cause physical harm to a person, it shall include in	2748
the sentence a requirement that the offender be subject to a	2749
period of post-release control after the offender's release from	2750
imprisonment, in accordance with that division. If a court imposes	2751
a sentence including a prison term of a type described in this	2752
division on or after the effective date of this amendmentJuly 11,	2753
2006, the failure of a court to include a post-release control	2754
requirement in the sentence pursuant to this division does not	2755
negate, limit, or otherwise affect the mandatory period of	2756
post-release control that is required for the offender under	2757
division (B) of section 2967.28 of the Revised Code. Section	2758
2929.191 of the Revised Code applies if, prior to the effective	2759
date of this amendmentJuly 11, 2006, a court imposed a sentence	2760
including a prison term of a type described in this division and	2761
failed to include in the sentence pursuant to this division a	2762
statement regarding post-release control.	2763

(2) If a court imposes a prison term for a felony of the	2764
third, fourth, or fifth degree that is not subject to division	2765
(F)(1) of this section, it shall include in the sentence a	2766
requirement that the offender be subject to a period of	2767
post-release control after the offender's release from	2768
imprisonment, in accordance with that division, if the parole	2769
board determines that a period of post-release control is	2770
necessary. Section 2929.191 of the Revised Code applies if, prior	2771
to the effective date of this amendmentJuly 11, 2006, a court	2772
imposed a sentence including a prison term of a type described in	2773
this division and failed to include in the sentence pursuant to	2774
this division a statement regarding post-release control.	2775

(G) If a person is convicted of or pleads guilty to a violent	2776
sex offense or a designated homicide, assault, or kidnapping	2777
offense and, in relation to that offense, the offender is	2778
adjudicated a sexually violent predator, the court shall impose	2779
sentence upon the offender in accordance with section 2971.03 of	2780
the Revised Code, and Chapter 2971. of the Revised Code applies	2781
regarding the prison term or term of life imprisonment without	2782
parole imposed upon the offender and the service of that term of	2783
imprisonment.	2784

(H) If a person who has been convicted of or pleaded guilty	2785
to a felony is sentenced to a prison term or term of imprisonment	2786
under this section, sections 2929.02 to 2929.06 of the Revised	2787
Code, section 2929.142 of the Revised Code, section 2971.03 of the	2788
Revised Code, or any other provision of law, section 5120.163 of	2789
the Revised Code applies regarding the person while the person is	2790
confined in a state correctional institution.	2791

(I) If an offender who is convicted of or pleads guilty to a	2792
felony that is an offense of violence also is convicted of or	2793
pleads guilty to a specification of the type described in section	2794
2941.142 of the Revised Code that charges the offender with having	2795
committed the felony while participating in a criminal gang, the	2796
court shall impose upon the offender an additional prison term of	2797
one, two, or three years.	2798

(J) If an offender who is convicted of or pleads guilty to	2799
aggravated murder, murder, or a felony of the first, second, or	2800
third degree that is an offense of violence also is convicted of	2801
or pleads guilty to a specification of the type described in	2802
section 2941.143 of the Revised Code that charges the offender	2803
with having committed the offense in a school safety zone or	2804
towards a person in a school safety zone, the court shall impose	2805
upon the offender an additional prison term of two years. The	2806
offender shall serve the additional two years consecutively to and	2807
prior to the prison term imposed for the underlying offense.	2808

(K) At the time of sentencing, the court may recommend the	2809
offender for placement in a program of shock incarceration under	2810
section 5120.031 of the Revised Code or for placement in an	2811
intensive program prison under section 5120.032 of the Revised	2812
Code, disapprove placement of the offender in a program of shock	2813
incarceration or an intensive program prison of that nature, or	2814
make no recommendation on placement of the offender. In no case	2815
shall the department of rehabilitation and correction place the	2816
offender in a program or prison of that nature unless the	2817
department determines as specified in section 5120.031 or 5120.032	2818
of the Revised Code, whichever is applicable, that the offender is	2819
eligible for the placement.	2820

If the court disapproves placement of the offender in a	2821
program or prison of that nature, the department of rehabilitation	2822
and correction shall not place the offender in any program of	2823
shock incarceration or intensive program prison.	2824

If the court recommends placement of the offender in a	2825
program of shock incarceration or in an intensive program prison,	2826
and if the offender is subsequently placed in the recommended	2827
program or prison, the department shall notify the court of the	2828
placement and shall include with the notice a brief description of	2829
the placement.	2830

If the court recommends placement of the offender in a	2831
program of shock incarceration or in an intensive program prison	2832
and the department does not subsequently place the offender in the	2833
recommended program or prison, the department shall send a notice	2834
to the court indicating why the offender was not placed in the	2835
recommended program or prison.	2836

If the court does not make a recommendation under this	2837
division with respect to an offender and if the department	2838
determines as specified in section 5120.031 or 5120.032 of the	2839
Revised Code, whichever is applicable, that the offender is	2840
eligible for placement in a program or prison of that nature, the	2841
department shall screen the offender and determine if there is an	2842
available program of shock incarceration or an intensive program	2843
prison for which the offender is suited. If there is an available	2844
program of shock incarceration or an intensive program prison for	2845
which the offender is suited, the department shall notify the	2846
court of the proposed placement of the offender as specified in	2847
section 5120.031 or 5120.032 of the Revised Code and shall include	2848
with the notice a brief description of the placement. The court	2849
shall have ten days from receipt of the notice to disapprove the	2850
placement.	2851

(L) If a person is convicted of or pleads guilty to	2852
aggravated vehicular homicide in violation of division (A)(1) of	2853
section 2903.06 of the Revised Code and division (B)(2)(c) of that	2854
section applies, the person shall be sentenced pursuant to section	2855
2929.142 of the Revised Code.	2856

Sec. 2929.142.  Notwithstanding the definite prison term	2857
specified in division (A) of section 2929.14 of the Revised Code	2858
for a felony of the first degree, if an offender is convicted of	2859
or pleads guilty to aggravated vehicular homicide in violation of	2860
division (A)(1) of section 2903.06 of the Revised Code, the court	2861
shall impose upon the offender a mandatory prison term of ten,	2862
eleven, twelve, thirteen, fourteen, or fifteen years if any of the	2863
following apply:	2864

(A) The offender previously has been convicted of or pleaded	2865
guilty to three or more prior violations of section 4511.19 of the	2866
Revised Code or of a substantially equivalent municipal ordinance	2867
within the previous six years.	2868

(B) The offender previously has been convicted of or pleaded	2869
guilty to three or more prior violations of division (A) of	2870
section 1547.11 of the Revised Code or of a substantially	2871
equivalent municipal ordinance within the previous six years.	2872

(C) The offender previously has been convicted of or pleaded	2873
guilty to three or more prior violations of division (A)(3) of	2874
section 4561.15 of the Revised Code or of a substantially	2875
equivalent municipal ordinance within the previous six years.	2876

(D) The offender previously has been convicted of or pleaded	2877
guilty to three or more prior violations of division (A)(1) of	2878
section 2903.06 of the Revised Code.	2879

(E) The offender previously has been convicted of or pleaded	2880
guilty to three or more prior violations of division (A)(1) of	2881
section 2903.08 of the Revised Code.	2882

(F) The offender previously has been convicted of or pleaded	2883
guilty to three or more prior violations of section 2903.04 of the	2884
Revised Code in circumstances in which division (D) of that	2885
section applied regarding the violations.	2886

(G) The offender previously has been convicted of or pleaded	2887
guilty to three or more violations of any combination of the	2888
offenses listed in division (A), (B), (C), (D), (E), or (F) of	2889
this section.	2890

(H) The offender previously has been convicted of or pleaded	2891
guilty to a second or subsequent felony violation of division (A)	2892
of section 4511.19 of the Revised Code.	2893

Sec. 2929.18.  (A) Except as otherwise provided in this	2894
division and in addition to imposing court costs pursuant to	2895
section 2947.23 of the Revised Code, the court imposing a sentence	2896
upon an offender for a felony may sentence the offender to any	2897
financial sanction or combination of financial sanctions	2898
authorized under this section or, in the circumstances specified	2899
in section 2929.32 of the Revised Code, may impose upon the	2900
offender a fine in accordance with that section. Financial	2901
sanctions that may be imposed pursuant to this section include,	2902
but are not limited to, the following:	2903

(1) Restitution by the offender to the victim of the	2904
offender's crime or any survivor of the victim, in an amount based	2905
on the victim's economic loss. If the court imposes restitution,	2906
the court shall order that the restitution be made to the victim	2907
in open court, to the adult probation department that serves the	2908
county on behalf of the victim, to the clerk of courts, or to	2909
another agency designated by the court. If the court imposes	2910
restitution, at sentencing, the court shall determine the amount	2911
of restitution to be made by the offender. If the court imposes	2912
restitution, the court may base the amount of restitution it	2913
orders on an amount recommended by the victim, the offender, a	2914
presentence investigation report, estimates or receipts indicating	2915
the cost of repairing or replacing property, and other	2916
information, provided that the amount the court orders as	2917
restitution shall not exceed the amount of the economic loss	2918
suffered by the victim as a direct and proximate result of the	2919
commission of the offense. If the court decides to impose	2920
restitution, the court shall hold a hearing on restitution if the	2921
offender, victim, or survivor disputes the amount. All restitution	2922
payments shall be credited against any recovery of economic loss	2923
in a civil action brought by the victim or any survivor of the	2924
victim against the offender.	2925

If the court imposes restitution, the court may order that	2926
the offender pay a surcharge of not more than five per cent of the	2927
amount of the restitution otherwise ordered to the entity	2928
responsible for collecting and processing restitution payments.	2929

The victim or survivor may request that the prosecutor in the	2930
case file a motion, or the offender may file a motion, for	2931
modification of the payment terms of any restitution ordered. If	2932
the court grants the motion, it may modify the payment terms as it	2933
determines appropriate.	2934

(2) Except as provided in division (B)(1), (3), or (4) of	2935
this section, a fine payable by the offender to the state, to a	2936
political subdivision, or as described in division (B)(2) of this	2937
section to one or more law enforcement agencies, with the amount	2938
of the fine based on a standard percentage of the offender's daily	2939
income over a period of time determined by the court and based	2940
upon the seriousness of the offense. A fine ordered under this	2941
division shall not exceed the maximum conventional fine amount	2942
authorized for the level of the offense under division (A)(3) of	2943
this section.	2944

(3) Except as provided in division (B)(1), (3), or (4) of	2945
this section, a fine payable by the offender to the state, to a	2946
political subdivision when appropriate for a felony, or as	2947
described in division (B)(2) of this section to one or more law	2948
enforcement agencies, in the following amount:	2949

(a) For a felony of the first degree, not more than twenty	2950
thousand dollars;	2951

(b) For a felony of the second degree, not more than fifteen	2952
thousand dollars;	2953

(c) For a felony of the third degree, not more than ten	2954
thousand dollars;	2955

(d) For a felony of the fourth degree, not more than five	2956
thousand dollars;	2957

(e) For a felony of the fifth degree, not more than two	2958
thousand five hundred dollars.	2959

(4) A state fine or costs as defined in section 2949.111 of	2960
the Revised Code.	2961

(5)(a) Reimbursement by the offender of any or all of the	2962
costs of sanctions incurred by the government, including the	2963
following:	2964

(i) All or part of the costs of implementing any community	2965
control sanction, including a supervision fee under section	2966
2951.021 of the Revised Code;	2967

(ii) All or part of the costs of confinement under a sanction	2968
imposed pursuant to section 2929.14, 2929.142, or 2929.16 of the	2969
Revised Code, provided that the amount of reimbursement ordered	2970
under this division shall not exceed the total amount of	2971
reimbursement the offender is able to pay as determined at a	2972
hearing and shall not exceed the actual cost of the confinement.	2973

(b) If the offender is sentenced to a sanction of confinement	2974
pursuant to section 2929.14 or 2929.16 of the Revised Code that is	2975
to be served in a facility operated by a board of county	2976
commissioners, a legislative authority of a municipal corporation,	2977
or another local governmental entity, if, pursuant to section	2978
307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56,	2979
or 2947.19 of the Revised Code and section 2929.37 of the Revised	2980
Code, the board, legislative authority, or other local	2981
governmental entity requires prisoners to reimburse the county,	2982
municipal corporation, or other entity for its expenses incurred	2983
by reason of the prisoner's confinement, and if the court does not	2984
impose a financial sanction under division (A)(5)(a)(ii) of this	2985
section, confinement costs may be assessed pursuant to section	2986
2929.37 of the Revised Code. In addition, the offender may be	2987
required to pay the fees specified in section 2929.38 of the	2988
Revised Code in accordance with that section.	2989

(c) Reimbursement by the offender for costs pursuant to	2990
section 2929.71 of the Revised Code.	2991

(B)(1) For a first, second, or third degree felony violation	2992
of any provision of Chapter 2925., 3719., or 4729. of the Revised	2993
Code, the sentencing court shall impose upon the offender a	2994
mandatory fine of at least one-half of, but not more than, the	2995
maximum statutory fine amount authorized for the level of the	2996
offense pursuant to division (A)(3) of this section. If an	2997
offender alleges in an affidavit filed with the court prior to	2998
sentencing that the offender is indigent and unable to pay the	2999
mandatory fine and if the court determines the offender is an	3000
indigent person and is unable to pay the mandatory fine described	3001
in this division, the court shall not impose the mandatory fine	3002
upon the offender.	3003

(2) Any mandatory fine imposed upon an offender under	3004
division (B)(1) of this section and any fine imposed upon an	3005
offender under division (A)(2) or (3) of this section for any	3006
fourth or fifth degree felony violation of any provision of	3007
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid	3008
to law enforcement agencies pursuant to division (F) of section	3009
2925.03 of the Revised Code.	3010

(3) For a fourth degree felony OVI offense and for a third	3011
degree felony OVI offense, the sentencing court shall impose upon	3012
the offender a mandatory fine in the amount specified in division	3013
(G)(1)(d) or (e) of section 4511.19 of the Revised Code, whichever	3014
is applicable. The mandatory fine so imposed shall be disbursed as	3015
provided in the division pursuant to which it is imposed.	3016

(4) Notwithstanding any fine otherwise authorized or required	3017
to be imposed under division (A)(2) or (3) or (B)(1) of this	3018
section or section 2929.31 of the Revised Code for a violation of	3019
section 2925.03 of the Revised Code, in addition to any penalty or	3020
sanction imposed for that offense under section 2925.03 or	3021
sections 2929.11 to 2929.18 of the Revised Code and in addition to	3022
the forfeiture of property in connection with the offense as	3023
prescribed in sections 2925.42 to 2925.45 of the Revised Code, the	3024
court that sentences an offender for a violation of section	3025
2925.03 of the Revised Code may impose upon the offender a fine in	3026
addition to any fine imposed under division (A)(2) or (3) of this	3027
section and in addition to any mandatory fine imposed under	3028
division (B)(1) of this section. The fine imposed under division	3029
(B)(4) of this section shall be used as provided in division (H)	3030
of section 2925.03 of the Revised Code. A fine imposed under	3031
division (B)(4) of this section shall not exceed whichever of the	3032
following is applicable:	3033

(a) The total value of any personal or real property in which	3034
the offender has an interest and that was used in the course of,	3035
intended for use in the course of, derived from, or realized	3036
through conduct in violation of section 2925.03 of the Revised	3037
Code, including any property that constitutes proceeds derived	3038
from that offense;	3039

(b) If the offender has no interest in any property of the	3040
type described in division (B)(4)(a) of this section or if it is	3041
not possible to ascertain whether the offender has an interest in	3042
any property of that type in which the offender may have an	3043
interest, the amount of the mandatory fine for the offense imposed	3044
under division (B)(1) of this section or, if no mandatory fine is	3045
imposed under division (B)(1) of this section, the amount of the	3046
fine authorized for the level of the offense imposed under	3047
division (A)(3) of this section.	3048

(5) Prior to imposing a fine under division (B)(4) of this	3049
section, the court shall determine whether the offender has an	3050
interest in any property of the type described in division	3051
(B)(4)(a) of this section. Except as provided in division (B)(6)	3052
or (7) of this section, a fine that is authorized and imposed	3053
under division (B)(4) of this section does not limit or affect the	3054
imposition of the penalties and sanctions for a violation of	3055
section 2925.03 of the Revised Code prescribed under those	3056
sections or sections 2929.11 to 2929.18 of the Revised Code and	3057
does not limit or affect a forfeiture of property in connection	3058
with the offense as prescribed in sections 2925.42 to 2925.45 of	3059
the Revised Code.	3060

(6) If the sum total of a mandatory fine amount imposed for a	3061
first, second, or third degree felony violation of section 2925.03	3062
of the Revised Code under division (B)(1) of this section plus the	3063
amount of any fine imposed under division (B)(4) of this section	3064
does not exceed the maximum statutory fine amount authorized for	3065
the level of the offense under division (A)(3) of this section or	3066
section 2929.31 of the Revised Code, the court may impose a fine	3067
for the offense in addition to the mandatory fine and the fine	3068
imposed under division (B)(4) of this section. The sum total of	3069
the amounts of the mandatory fine, the fine imposed under division	3070
(B)(4) of this section, and the additional fine imposed under	3071
division (B)(6) of this section shall not exceed the maximum	3072
statutory fine amount authorized for the level of the offense	3073
under division (A)(3) of this section or section 2929.31 of the	3074
Revised Code. The clerk of the court shall pay any fine that is	3075
imposed under division (B)(6) of this section to the county,	3076
township, municipal corporation, park district as created pursuant	3077
to section 511.18 or 1545.04 of the Revised Code, or state law	3078
enforcement agencies in this state that primarily were responsible	3079
for or involved in making the arrest of, and in prosecuting, the	3080
offender pursuant to division (F) of section 2925.03 of the	3081
Revised Code.	3082

(7) If the sum total of the amount of a mandatory fine	3083
imposed for a first, second, or third degree felony violation of	3084
section 2925.03 of the Revised Code plus the amount of any fine	3085
imposed under division (B)(4) of this section exceeds the maximum	3086
statutory fine amount authorized for the level of the offense	3087
under division (A)(3) of this section or section 2929.31 of the	3088
Revised Code, the court shall not impose a fine under division	3089
(B)(6) of this section.	3090

(C)(1) The offender shall pay reimbursements imposed upon the	3091
offender pursuant to division (A)(5)(a) of this section to pay the	3092
costs incurred by the department of rehabilitation and correction	3093
in operating a prison or other facility used to confine offenders	3094
pursuant to sanctions imposed under section 2929.14, 2929.142, or	3095
2929.16 of the Revised Code to the treasurer of state. The	3096
treasurer of state shall deposit the reimbursements in the	3097
confinement cost reimbursement fund that is hereby created in the	3098
state treasury. The department of rehabilitation and correction	3099
shall use the amounts deposited in the fund to fund the operation	3100
of facilities used to confine offenders pursuant to sections	3101
2929.14, 2929.142, and 2929.16 of the Revised Code.	3102

(2) Except as provided in section 2951.021 of the Revised	3103
Code, the offender shall pay reimbursements imposed upon the	3104
offender pursuant to division (A)(5)(a) of this section to pay the	3105
costs incurred by a county pursuant to any sanction imposed under	3106
this section or section 2929.16 or 2929.17 of the Revised Code or	3107
in operating a facility used to confine offenders pursuant to a	3108
sanction imposed under section 2929.16 of the Revised Code to the	3109
county treasurer. The county treasurer shall deposit the	3110
reimbursements in the sanction cost reimbursement fund that each	3111
board of county commissioners shall create in its county treasury.	3112
The county shall use the amounts deposited in the fund to pay the	3113
costs incurred by the county pursuant to any sanction imposed	3114
under this section or section 2929.16 or 2929.17 of the Revised	3115
Code or in operating a facility used to confine offenders pursuant	3116
to a sanction imposed under section 2929.16 of the Revised Code.	3117

(3) Except as provided in section 2951.021 of the Revised	3118
Code, the offender shall pay reimbursements imposed upon the	3119
offender pursuant to division (A)(5)(a) of this section to pay the	3120
costs incurred by a municipal corporation pursuant to any sanction	3121
imposed under this section or section 2929.16 or 2929.17 of the	3122
Revised Code or in operating a facility used to confine offenders	3123
pursuant to a sanction imposed under section 2929.16 of the	3124
Revised Code to the treasurer of the municipal corporation. The	3125
treasurer shall deposit the reimbursements in a special fund that	3126
shall be established in the treasury of each municipal	3127
corporation. The municipal corporation shall use the amounts	3128
deposited in the fund to pay the costs incurred by the municipal	3129
corporation pursuant to any sanction imposed under this section or	3130
section 2929.16 or 2929.17 of the Revised Code or in operating a	3131
facility used to confine offenders pursuant to a sanction imposed	3132
under section 2929.16 of the Revised Code.	3133

(4) Except as provided in section 2951.021 of the Revised	3134
Code, the offender shall pay reimbursements imposed pursuant to	3135
division (A)(5)(a) of this section for the costs incurred by a	3136
private provider pursuant to a sanction imposed under this section	3137
or section 2929.16 or 2929.17 of the Revised Code to the provider.	3138

(D) Except as otherwise provided in this division, a	3139
financial sanction imposed pursuant to division (A) or (B) of this	3140
section is a judgment in favor of the state or a political	3141
subdivision in which the court that imposed the financial sanction	3142
is located, and the offender subject to the financial sanction is	3143
the judgment debtor. A financial sanction of reimbursement imposed	3144
pursuant to division (A)(5)(a)(ii) of this section upon an	3145
offender who is incarcerated in a state facility or a municipal	3146
jail is a judgment in favor of the state or the municipal	3147
corporation, and the offender subject to the financial sanction is	3148
the judgment debtor. A financial sanction of reimbursement imposed	3149
upon an offender pursuant to this section for costs incurred by a	3150
private provider of sanctions is a judgment in favor of the	3151
private provider, and the offender subject to the financial	3152
sanction is the judgment debtor. A financial sanction of	3153
restitution imposed pursuant to this section is an order in favor	3154
of the victim of the offender's criminal act that can be collected	3155
through execution as described in division (D)(1) of this section	3156
or through an order as described in division (D)(2) of this	3157
section, and the offender shall be considered for purposes of the	3158
collection as the judgment debtor. Imposition of a financial	3159
sanction and execution on the judgment does not preclude any other	3160
power of the court to impose or enforce sanctions on the offender.	3161
Once the financial sanction is imposed as a judgment or order	3162
under this division, the victim, private provider, state, or	3163
political subdivision may bring an action to do any of the	3164
following:	3165

(1) Obtain execution of the judgment or order through any	3166
available procedure, including:	3167

(a) An execution against the property of the judgment debtor	3168
under Chapter 2329. of the Revised Code;	3169

(b) An execution against the person of the judgment debtor	3170
under Chapter 2331. of the Revised Code;	3171

(c) A proceeding in aid of execution under Chapter 2333. of	3172
the Revised Code, including:	3173

(i) A proceeding for the examination of the judgment debtor	3174
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27	3175
of the Revised Code;	3176

(ii) A proceeding for attachment of the person of the	3177
judgment debtor under section 2333.28 of the Revised Code;	3178

(iii) A creditor's suit under section 2333.01 of the Revised	3179
Code.	3180

(d) The attachment of the property of the judgment debtor	3181
under Chapter 2715. of the Revised Code;	3182

(e) The garnishment of the property of the judgment debtor	3183
under Chapter 2716. of the Revised Code.	3184

(2) Obtain an order for the assignment of wages of the	3185
judgment debtor under section 1321.33 of the Revised Code.	3186

(E) A court that imposes a financial sanction upon an	3187
offender may hold a hearing if necessary to determine whether the	3188
offender is able to pay the sanction or is likely in the future to	3189
be able to pay it.	3190

(F) Each court imposing a financial sanction upon an offender	3191
under this section or under section 2929.32 of the Revised Code	3192
may designate the clerk of the court or another person to collect	3193
the financial sanction. The clerk or other person authorized by	3194
law or the court to collect the financial sanction may enter into	3195
contracts with one or more public agencies or private vendors for	3196
the collection of, amounts due under the financial sanction	3197
imposed pursuant to this section or section 2929.32 of the Revised	3198
Code. Before entering into a contract for the collection of	3199
amounts due from an offender pursuant to any financial sanction	3200
imposed pursuant to this section or section 2929.32 of the Revised	3201
Code, a court shall comply with sections 307.86 to 307.92 of the	3202
Revised Code.	3203

(G) If a court that imposes a financial sanction under	3204
division (A) or (B) of this section finds that an offender	3205
satisfactorily has completed all other sanctions imposed upon the	3206
offender and that all restitution that has been ordered has been	3207
paid as ordered, the court may suspend any financial sanctions	3208
imposed pursuant to this section or section 2929.32 of the Revised	3209
Code that have not been paid.	3210

(H) No financial sanction imposed under this section or	3211
section 2929.32 of the Revised Code shall preclude a victim from	3212
bringing a civil action against the offender.	3213

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	3214
hearing before imposing a sentence under this chapter upon an	3215
offender who was convicted of or pleaded guilty to a felony and	3216
before resentencing an offender who was convicted of or pleaded	3217
guilty to a felony and whose case was remanded pursuant to section	3218
2953.07 or 2953.08 of the Revised Code. At the hearing, the	3219
offender, the prosecuting attorney, the victim or the victim's	3220
representative in accordance with section 2930.14 of the Revised	3221
Code, and, with the approval of the court, any other person may	3222
present information relevant to the imposition of sentence in the	3223
case. The court shall inform the offender of the verdict of the	3224
jury or finding of the court and ask the offender whether the	3225
offender has anything to say as to why sentence should not be	3226
imposed upon the offender.	3227

(2) Except as otherwise provided in this division, before	3228
imposing sentence on an offender who is being sentenced on or	3229
after January 1, 1997, for a sexually oriented offense that is not	3230
a registration-exempt sexually oriented offense and who is in any	3231
category of offender described in division (B)(1)(a)(i), (ii), or	3232
(iii) of section 2950.09 of the Revised Code, the court shall	3233
conduct a hearing in accordance with division (B) of section	3234
2950.09 of the Revised Code to determine whether the offender is a	3235
sexual predator. The court shall not conduct a hearing under that	3236
division if the offender is being sentenced for a violent sex	3237
offense or a designated homicide, assault, or kidnapping offense	3238
and, in relation to that offense, the offender was adjudicated a	3239
sexually violent predator. Before imposing sentence on an offender	3240
who is being sentenced for a sexually oriented offense that is not	3241
a registration-exempt sexually oriented offense, the court also	3242
shall comply with division (E) of section 2950.09 of the Revised	3243
Code.	3244

Before imposing sentence on or after July 31, 2003, on an	3245
offender who is being sentenced for a child-victim oriented	3246
offense, regardless of when the offense was committed, the court	3247
shall conduct a hearing in accordance with division (B) of section	3248
2950.091 of the Revised Code to determine whether the offender is	3249
a child-victim predator. Before imposing sentence on an offender	3250
who is being sentenced for a child-victim oriented offense, the	3251
court also shall comply with division (E) of section 2950.091 of	3252
the Revised Code.	3253

(B)(1) At the sentencing hearing, the court, before imposing	3254
sentence, shall consider the record, any information presented at	3255
the hearing by any person pursuant to division (A) of this	3256
section, and, if one was prepared, the presentence investigation	3257
report made pursuant to section 2951.03 of the Revised Code or	3258
Criminal Rule 32.2, and any victim impact statement made pursuant	3259
to section 2947.051 of the Revised Code.	3260

(2) The court shall impose a sentence and shall make a	3261
finding that gives its reasons for selecting the sentence imposed	3262
in any of the following circumstances:	3263

(a) Unless the offense is a violent sex offense or designated	3264
homicide, assault, or kidnapping offense for which the court is	3265
required to impose sentence pursuant to division (G) of section	3266
2929.14 of the Revised Code, if it imposes a prison term for a	3267
felony of the fourth or fifth degree or for a felony drug offense	3268
that is a violation of a provision of Chapter 2925. of the Revised	3269
Code and that is specified as being subject to division (B) of	3270
section 2929.13 of the Revised Code for purposes of sentencing,	3271
its reasons for imposing the prison term, based upon the	3272
overriding purposes and principles of felony sentencing set forth	3273
in section 2929.11 of the Revised Code, and any factors listed in	3274
divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code	3275
that it found to apply relative to the offender.	3276

(b) If it does not impose a prison term for a felony of the	3277
first or second degree or for a felony drug offense that is a	3278
violation of a provision of Chapter 2925. of the Revised Code and	3279
for which a presumption in favor of a prison term is specified as	3280
being applicable, its reasons for not imposing the prison term and	3281
for overriding the presumption, based upon the overriding purposes	3282
and principles of felony sentencing set forth in section 2929.11	3283
of the Revised Code, and the basis of the findings it made under	3284
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	3285

(c) If it imposes consecutive sentences under section 2929.14	3286
of the Revised Code, its reasons for imposing the consecutive	3287
sentences;	3288

(d) If the sentence is for one offense and it imposes a	3289
prison term for the offense that is the maximum prison term	3290
allowed for that offense by division (A) of section 2929.14 of the	3291
Revised Code or section 2929.142 of the Revised Code, its reasons	3292
for imposing the maximum prison term;	3293

(e) If the sentence is for two or more offenses arising out	3294
of a single incident and it imposes a prison term for those	3295
offenses that is the maximum prison term allowed for the offense	3296
of the highest degree by division (A) of section 2929.14 of the	3297
Revised Code or section 2929.142 of the Revised Code, its reasons	3298
for imposing the maximum prison term.	3299

(3) Subject to division (B)(4) of this section, if the	3300
sentencing court determines at the sentencing hearing that a	3301
prison term is necessary or required, the court shall do all of	3302
the following:	3303

(a) Impose a stated prison term;

3304

(b) Notify the offender that, as part of the sentence, the	3305
parole board may extend the stated prison term for certain	3306
violations of prison rules for up to one-half of the stated prison	3307
term;	3308

(c) Notify the offender that the offender will be supervised	3309
under section 2967.28 of the Revised Code after the offender	3310
leaves prison if the offender is being sentenced for a felony of	3311
the first degree or second degree, for a felony sex offense, or	3312
for a felony of the third degree that is not a felony sex offense	3313
and in the commission of which the offender caused or threatened	3314
to cause physical harm to a person. If a court imposes a sentence	3315
including a prison term of a type described in division (B)(3)(c)	3316
of this section on or after the effective date of this amendment	3317
July 11, 2006, the failure of a court to notify the offender	3318
pursuant to division (B)(3)(c) of this section that the offender	3319
will be supervised under section 2967.28 of the Revised Code after	3320
the offender leaves prison or to include in the judgment of	3321
conviction entered on the journal a statement to that effect does	3322
not negate, limit, or otherwise affect the mandatory period of	3323
supervision that is required for the offender under division (B)	3324
of section 2967.28 of the Revised Code. Section 2929.191 of the	3325
Revised Code applies if, prior to the effective date of this	3326
amendmentJuly 11, 2006, a court imposed a sentence including a	3327
prison term of a type described in division (B)(3)(c) of this	3328
section and failed to notify the offender pursuant to division	3329
(B)(3)(c) of this section regarding post-release control or to	3330
include in the judgment of conviction entered on the journal or in	3331
the sentence a statement regarding post-release control.	3332

(d) Notify the offender that the offender may be supervised	3333
under section 2967.28 of the Revised Code after the offender	3334
leaves prison if the offender is being sentenced for a felony of	3335
the third, fourth, or fifth degree that is not subject to division	3336
(B)(3)(c) of this section. Section 2929.191 of the Revised Code	3337
applies if, prior to the effective date of this amendmentJuly 11,	3338
2006, a court imposed a sentence including a prison term of a type	3339
described in division (B)(3)(d) of this section and failed to	3340
notify the offender pursuant to division (B)(3)(d) of this section	3341
regarding post-release control or to include in the judgment of	3342
conviction entered on the journal or in the sentence a statement	3343
regarding post-release control.	3344

(e) Notify the offender that, if a period of supervision is	3345
imposed following the offender's release from prison, as described	3346
in division (B)(3)(c) or (d) of this section, and if the offender	3347
violates that supervision or a condition of post-release control	3348
imposed under division (B) of section 2967.131 of the Revised	3349
Code, the parole board may impose a prison term, as part of the	3350
sentence, of up to one-half of the stated prison term originally	3351
imposed upon the offender. If a court imposes a sentence including	3352
a prison term on or after the effective date of this amendment	3353
July 11, 2006, the failure of a court to notify the offender	3354
pursuant to division (B)(3)(e) of this section that the parole	3355
board may impose a prison term as described in division (B)(3)(e)	3356
of this section for a violation of that supervision or a condition	3357
of post-release control imposed under division (B) of section	3358
2967.131 of the Revised Code or to include in the judgment of	3359
conviction entered on the journal a statement to that effect does	3360
not negate, limit, or otherwise affect the authority of the parole	3361
board to so impose a prison term for a violation of that nature	3362
if, pursuant to division (D)(1) of section 2967.28 of the Revised	3363
Code, the parole board notifies the offender prior to the	3364
offender's release of the board's authority to so impose a prison	3365
term. Section 2929.191 of the Revised Code applies if, prior to	3366
the effective date of this amendmentJuly 11, 2006, a court	3367
imposed a sentence including a prison term and failed to notify	3368
the offender pursuant to division (B)(3)(e) of this section	3369
regarding the possibility of the parole board imposing a prison	3370
term for a violation of supervision or a condition of post-release	3371
control.	3372

(f) Require that the offender not ingest or be injected with	3373
a drug of abuse and submit to random drug testing as provided in	3374
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	3375
is applicable to the offender who is serving a prison term, and	3376
require that the results of the drug test administered under any	3377
of those sections indicate that the offender did not ingest or was	3378
not injected with a drug of abuse.	3379

(4) If the offender is being sentenced for a violent sex	3380
offense or designated homicide, assault, or kidnapping offense	3381
that the offender committed on or after January 1, 1997, and the	3382
offender is adjudicated a sexually violent predator in relation to	3383
that offense, if the offender is being sentenced for a sexually	3384
oriented offense that is not a registration-exempt sexually	3385
oriented offense and that the offender committed on or after	3386
January 1, 1997, and the court imposing the sentence has	3387
determined pursuant to division (B) of section 2950.09 of the	3388
Revised Code that the offender is a sexual predator, if the	3389
offender is being sentenced on or after July 31, 2003, for a	3390
child-victim oriented offense and the court imposing the sentence	3391
has determined pursuant to division (B) of section 2950.091 of the	3392
Revised Code that the offender is a child-victim predator, or if	3393
the offender is being sentenced for an aggravated sexually	3394
oriented offense as defined in section 2950.01 of the Revised	3395
Code, the court shall include in the offender's sentence a	3396
statement that the offender has been adjudicated a sexual	3397
predator, has been adjudicated a child victim predator, or has	3398
been convicted of or pleaded guilty to an aggravated sexually	3399
oriented offense, whichever is applicable, and shall comply with	3400
the requirements of section 2950.03 of the Revised Code.	3401
Additionally, in the circumstances described in division (G) of	3402
section 2929.14 of the Revised Code, the court shall impose	3403
sentence on the offender as described in that division.	3404

(5) If the sentencing court determines at the sentencing	3405
hearing that a community control sanction should be imposed and	3406
the court is not prohibited from imposing a community control	3407
sanction, the court shall impose a community control sanction. The	3408
court shall notify the offender that, if the conditions of the	3409
sanction are violated, if the offender commits a violation of any	3410
law, or if the offender leaves this state without the permission	3411
of the court or the offender's probation officer, the court may	3412
impose a longer time under the same sanction, may impose a more	3413
restrictive sanction, or may impose a prison term on the offender	3414
and shall indicate the specific prison term that may be imposed as	3415
a sanction for the violation, as selected by the court from the	3416
range of prison terms for the offense pursuant to section 2929.14	3417
of the Revised Code.	3418

(6) Before imposing a financial sanction under section	3419
2929.18 of the Revised Code or a fine under section 2929.32 of the	3420
Revised Code, the court shall consider the offender's present and	3421
future ability to pay the amount of the sanction or fine.	3422

(7) If the sentencing court sentences the offender to a	3423
sanction of confinement pursuant to section 2929.14 or 2929.16 of	3424
the Revised Code that is to be served in a local detention	3425
facility, as defined in section 2929.36 of the Revised Code, and	3426
if the local detention facility is covered by a policy adopted	3427
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	3428
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	3429
and section 2929.37 of the Revised Code, both of the following	3430
apply:	3431

(a) The court shall specify both of the following as part of	3432
the sentence:	3433

(i) If the offender is presented with an itemized bill	3434
pursuant to section 2929.37 of the Revised Code for payment of the	3435
costs of confinement, the offender is required to pay the bill in	3436
accordance with that section.	3437

(ii) If the offender does not dispute the bill described in	3438
division (B)(7)(a)(i) of this section and does not pay the bill by	3439
the times specified in section 2929.37 of the Revised Code, the	3440
clerk of the court may issue a certificate of judgment against the	3441
offender as described in that section.	3442

(b) The sentence automatically includes any certificate of	3443
judgment issued as described in division (B)(7)(a)(ii) of this	3444
section.	3445

(C)(1) If the offender is being sentenced for a fourth degree	3446
felony OVI offense under division (G)(1) of section 2929.13 of the	3447
Revised Code, the court shall impose the mandatory term of local	3448
incarceration in accordance with that division, shall impose a	3449
mandatory fine in accordance with division (B)(3) of section	3450
2929.18 of the Revised Code, and, in addition, may impose	3451
additional sanctions as specified in sections 2929.15, 2929.16,	3452
2929.17, and 2929.18 of the Revised Code. The court shall not	3453
impose a prison term on the offender except that the court may	3454
impose a prison term upon the offender as provided in division	3455
(A)(1) of section 2929.13 of the Revised Code.	3456

(2) If the offender is being sentenced for a third or fourth	3457
degree felony OVI offense under division (G)(2) of section 2929.13	3458
of the Revised Code, the court shall impose the mandatory prison	3459
term in accordance with that division, shall impose a mandatory	3460
fine in accordance with division (B)(3) of section 2929.18 of the	3461
Revised Code, and, in addition, may impose an additional prison	3462
term as specified in section 2929.14 of the Revised Code. In	3463
addition to the mandatory prison term or mandatory prison term and	3464
additional prison term the court imposes, the court also may	3465
impose a community control sanction on the offender, but the	3466
offender shall serve all of the prison terms so imposed prior to	3467
serving the community control sanction.	3468

(D) The sentencing court, pursuant to division (K) of section	3469
2929.14 of the Revised Code, may recommend placement of the	3470
offender in a program of shock incarceration under section	3471
5120.031 of the Revised Code or an intensive program prison under	3472
section 5120.032 of the Revised Code, disapprove placement of the	3473
offender in a program or prison of that nature, or make no	3474
recommendation. If the court recommends or disapproves placement,	3475
it shall make a finding that gives its reasons for its	3476
recommendation or disapproval.	3477

Sec. 2945.75.  (A) When the presence of one or more	3478
additional elements makes an offense one of more serious degree:	3479

(1) The affidavit, complaint, indictment, or information	3480
either shall state the degree of the offense which the accused is	3481
alleged to have committed, or shall allege such additional element	3482
or elements. Otherwise, such affidavit, complaint, indictment, or	3483
information is effective to charge only the least degree of the	3484
offense.	3485

(2) A guilty verdict shall state either the degree of the	3486
offense of which the offender is found guilty, or that such	3487
additional element or elements are present. Otherwise, a guilty	3488
verdict constitutes a finding of guilty of the least degree of the	3489
offense charged.	3490

(B)(1) Whenever in any case it is necessary to prove a prior	3491
conviction, a certified copy of the entry of judgment in such	3492
prior conviction together with evidence sufficient to identify the	3493
defendant named in the entry as the offender in the case at bar,	3494
is sufficient to prove such prior conviction.	3495

(2) Whenever in any case it is necessary to prove a prior	3496
conviction of an offense for which the registrar of motor vehicles	3497
maintains a record, a certified copy of the record that shows the	3498
name, date of birth, and social security number of the accused is	3499
prima-facie evidence of the identity of the accused and	3500
prima-facie evidence of all prior convictions shown on the record.	3501
The accused may offer evidence to rebut the prima-facie evidence	3502
of the accused's identity and the evidence of prior convictions.	3503
Proof of a prior conviction of an offense for which the registrar	3504
maintains a record may also be proved as provided in division	3505
(B)(1) of this section.	3506

Sec. 2953.08.  (A) In addition to any other right to appeal	3507
and except as provided in division (D) of this section, a	3508
defendant who is convicted of or pleads guilty to a felony may	3509
appeal as a matter of right the sentence imposed upon the	3510
defendant on one of the following grounds:	3511

(1) The sentence consisted of or included the maximum prison	3512
term allowed for the offense by division (A) of section 2929.14 or	3513
section 2929.142 of the Revised Code, the sentence was not imposed	3514
pursuant to division (D)(3)(b) of section 2929.14 of the Revised	3515
Code, the maximum prison term was not required for the offense	3516
pursuant to Chapter 2925. or any other provision of the Revised	3517
Code, and the court imposed the sentence under one of the	3518
following circumstances:	3519

(a) The sentence was imposed for only one offense.

3520

(b) The sentence was imposed for two or more offenses arising	3521
out of a single incident, and the court imposed the maximum prison	3522
term for the offense of the highest degree.	3523

(2) The sentence consisted of or included a prison term, the	3524
offense for which it was imposed is a felony of the fourth or	3525
fifth degree or is a felony drug offense that is a violation of a	3526
provision of Chapter 2925. of the Revised Code and that is	3527
specified as being subject to division (B) of section 2929.13 of	3528
the Revised Code for purposes of sentencing, and the court did not	3529
specify at sentencing that it found one or more factors specified	3530
in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised	3531
Code to apply relative to the defendant. If the court specifies	3532
that it found one or more of those factors to apply relative to	3533
the defendant, the defendant is not entitled under this division	3534
to appeal as a matter of right the sentence imposed upon the	3535
offender.	3536

(3) The person was convicted of or pleaded guilty to a	3537
violent sex offense or a designated homicide, assault, or	3538
kidnapping offense, was adjudicated a sexually violent predator in	3539
relation to that offense, and was sentenced pursuant to division	3540
(A)(3) of section 2971.03 of the Revised Code, if the minimum term	3541
of the indefinite term imposed pursuant to division (A)(3) of	3542
section 2971.03 of the Revised Code is the longest term available	3543
for the offense from among the range of terms listed in section	3544
2929.14 of the Revised Code. As used in this division, "designated	3545
homicide, assault, or kidnapping offense" and "violent sex	3546
offense" have the same meanings as in section 2971.01 of the	3547
Revised Code. As used in this division, "adjudicated a sexually	3548
violent predator" has the same meaning as in section 2929.01 of	3549
the Revised Code, and a person is "adjudicated a sexually violent	3550
predator" in the same manner and the same circumstances as are	3551
described in that section.	3552

(4) The sentence is contrary to law.

3553

(5) The sentence consisted of an additional prison term of	3554
ten years imposed pursuant to division (D)(2)(a) of section	3555
2929.14 of the Revised Code.	3556

(6) The sentence consisted of an additional prison term of	3557
ten years imposed pursuant to division (D)(3)(b) of section	3558
2929.14 of the Revised Code.	3559

(B) In addition to any other right to appeal and except as	3560
provided in division (D) of this section, a prosecuting attorney,	3561
a city director of law, village solicitor, or similar chief legal	3562
officer of a municipal corporation, or the attorney general, if	3563
one of those persons prosecuted the case, may appeal as a matter	3564
of right a sentence imposed upon a defendant who is convicted of	3565
or pleads guilty to a felony or, in the circumstances described in	3566
division (B)(3) of this section the modification of a sentence	3567
imposed upon such a defendant, on any of the following grounds:	3568

(1) The sentence did not include a prison term despite a	3569
presumption favoring a prison term for the offense for which it	3570
was imposed, as set forth in section 2929.13 or Chapter 2925. of	3571
the Revised Code.	3572

(2) The sentence is contrary to law.

3573

(3) The sentence is a modification under section 2929.20 of	3574
the Revised Code of a sentence that was imposed for a felony of	3575
the first or second degree.	3576

(C)(1) In addition to the right to appeal a sentence granted	3577
under division (A) or (B) of this section, a defendant who is	3578
convicted of or pleads guilty to a felony may seek leave to appeal	3579
a sentence imposed upon the defendant on the basis that the	3580
sentencing judge has imposed consecutive sentences under division	3581
(E)(3) or (4) of section 2929.14 of the Revised Code and that the	3582
consecutive sentences exceed the maximum prison term allowed by	3583
division (A) of that section for the most serious offense of which	3584
the defendant was convicted. Upon the filing of a motion under	3585
this division, the court of appeals may grant leave to appeal the	3586
sentence if the court determines that the allegation included as	3587
the basis of the motion is true.	3588

(2) A defendant may seek leave to appeal an additional	3589
sentence imposed upon the defendant pursuant to division (D)(2)(a)	3590
or (b) of section 2929.14 of the Revised Code if the additional	3591
sentence is for a definite prison term that is longer than five	3592
years.	3593

(D)(1) A sentence imposed upon a defendant is not subject to	3594
review under this section if the sentence is authorized by law,	3595
has been recommended jointly by the defendant and the prosecution	3596
in the case, and is imposed by a sentencing judge.	3597

(2) Except as provided in division (C)(2) of this section, a	3598
sentence imposed upon a defendant is not subject to review under	3599
this section if the sentence is imposed pursuant to division	3600
(D)(2)(b) of section 2929.14 of the Revised Code. Except as	3601
otherwise provided in this division, a defendant retains all	3602
rights to appeal as provided under this chapter or any other	3603
provision of the Revised Code. A defendant has the right to appeal	3604
under this chapter or any other provision of the Revised Code the	3605
court's application of division (D)(2)(c) of section 2929.14 of	3606
the Revised Code.	3607

(3) A sentence imposed for aggravated murder or murder	3608
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not	3609
subject to review under this section.	3610

(E) A defendant, prosecuting attorney, city director of law,	3611
village solicitor, or chief municipal legal officer shall file an	3612
appeal of a sentence under this section to a court of appeals	3613
within the time limits specified in Rule 4(B) of the Rules of	3614
Appellate Procedure, provided that if the appeal is pursuant to	3615
division (B)(3) of this section, the time limits specified in that	3616
rule shall not commence running until the court grants the motion	3617
that makes the sentence modification in question. A sentence	3618
appeal under this section shall be consolidated with any other	3619
appeal in the case. If no other appeal is filed, the court of	3620
appeals may review only the portions of the trial record that	3621
pertain to sentencing.	3622

(F) On the appeal of a sentence under this section, the	3623
record to be reviewed shall include all of the following, as	3624
applicable:	3625

(1) Any presentence, psychiatric, or other investigative	3626
report that was submitted to the court in writing before the	3627
sentence was imposed. An appellate court that reviews a	3628
presentence investigation report prepared pursuant to section	3629
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in	3630
connection with the appeal of a sentence under this section shall	3631
comply with division (D)(3) of section 2951.03 of the Revised Code	3632
when the appellate court is not using the presentence	3633
investigation report, and the appellate court's use of a	3634
presentence investigation report of that nature in connection with	3635
the appeal of a sentence under this section does not affect the	3636
otherwise confidential character of the contents of that report as	3637
described in division (D)(1) of section 2951.03 of the Revised	3638
Code and does not cause that report to become a public record, as	3639
defined in section 149.43 of the Revised Code, following the	3640
appellate court's use of the report.	3641

(2) The trial record in the case in which the sentence was	3642
imposed;	3643

(3) Any oral or written statements made to or by the court at	3644
the sentencing hearing at which the sentence was imposed;	3645

(4) Any written findings that the court was required to make	3646
in connection with the modification of the sentence pursuant to a	3647
judicial release under division (H) of section 2929.20 of the	3648
Revised Code.	3649

(G)(1) If the sentencing court was required to make the	3650
findings required by division (B) or (D) of section 2929.13,	3651
division (D)(2)(e) or (E)(4) of section 2929.14, or division (H)	3652
of section 2929.20 of the Revised Code relative to the imposition	3653
or modification of the sentence, and if the sentencing court	3654
failed to state the required findings on the record, the court	3655
hearing an appeal under division (A), (B), or (C) of this section	3656
shall remand the case to the sentencing court and instruct the	3657
sentencing court to state, on the record, the required findings.	3658

(2) The court hearing an appeal under division (A), (B), or	3659
(C) of this section shall review the record, including the	3660
findings underlying the sentence or modification given by the	3661
sentencing court.	3662

The appellate court may increase, reduce, or otherwise modify	3663
a sentence that is appealed under this section or may vacate the	3664
sentence and remand the matter to the sentencing court for	3665
resentencing. The appellate court's standard for review is not	3666
whether the sentencing court abused its discretion. The appellate	3667
court may take any action authorized by this division if it	3668
clearly and convincingly finds either of the following:	3669

(a) That the record does not support the sentencing court's	3670
findings under division (B) or (D) of section 2929.13, division	3671
(D)(2)(e) or (E)(4) of section 2929.14, or division (H) of section	3672
2929.20 of the Revised Code, whichever, if any, is relevant;	3673

(b) That the sentence is otherwise contrary to law.

3674

(H) A judgment or final order of a court of appeals under	3675
this section may be appealed, by leave of court, to the supreme	3676
court.	3677

(I)(1) There is hereby established the felony sentence appeal	3678
cost oversight committee, consisting of eight members. One member	3679
shall be the chief justice of the supreme court or a	3680
representative of the court designated by the chief justice, one	3681
member shall be a member of the senate appointed by the president	3682
of the senate, one member shall be a member of the house of	3683
representatives appointed by the speaker of the house of	3684
representatives, one member shall be the director of budget and	3685
management or a representative of the office of budget and	3686
management designated by the director, one member shall be a judge	3687
of a court of appeals, court of common pleas, municipal court, or	3688
county court appointed by the chief justice of the supreme court,	3689
one member shall be the state public defender or a representative	3690
of the office of the state public defender designated by the state	3691
public defender, one member shall be a prosecuting attorney	3692
appointed by the Ohio prosecuting attorneys association, and one	3693
member shall be a county commissioner appointed by the county	3694
commissioners association of Ohio. No more than three of the	3695
appointed members of the committee may be members of the same	3696
political party.	3697

The president of the senate, the speaker of the house of	3698
representatives, the chief justice of the supreme court, the Ohio	3699
prosecuting attorneys association, and the county commissioners	3700
association of Ohio shall make the initial appointments to the	3701
committee of the appointed members no later than ninety days after	3702
July 1, 1996. Of those initial appointments to the committee, the	3703
members appointed by the speaker of the house of representatives	3704
and the Ohio prosecuting attorneys association shall serve a term	3705
ending two years after July 1, 1996, the member appointed by the	3706
chief justice of the supreme court shall serve a term ending three	3707
years after July 1, 1996, and the members appointed by the	3708
president of the senate and the county commissioners association	3709
of Ohio shall serve terms ending four years after July 1, 1996.	3710
Thereafter, terms of office of the appointed members shall be for	3711
four years, with each term ending on the same day of the same	3712
month as did the term that it succeeds. Members may be	3713
reappointed. Vacancies shall be filled in the same manner provided	3714
for original appointments. A member appointed to fill a vacancy	3715
occurring prior to the expiration of the term for which that	3716
member's predecessor was appointed shall hold office as a member	3717
for the remainder of the predecessor's term. An appointed member	3718
shall continue in office subsequent to the expiration date of that	3719
member's term until that member's successor takes office or until	3720
a period of sixty days has elapsed, whichever occurs first.	3721

If the chief justice of the supreme court, the director of	3722
the office of budget and management, or the state public defender	3723
serves as a member of the committee, that person's term of office	3724
as a member shall continue for as long as that person holds office	3725
as chief justice, director of the office of budget and management,	3726
or state public defender. If the chief justice of the supreme	3727
court designates a representative of the court to serve as a	3728
member, the director of budget and management designates a	3729
representative of the office of budget and management to serve as	3730
a member, or the state public defender designates a representative	3731
of the office of the state public defender to serve as a member,	3732
the person so designated shall serve as a member of the commission	3733
for as long as the official who made the designation holds office	3734
as chief justice, director of the office of budget and management,	3735
or state public defender or until that official revokes the	3736
designation.	3737

The chief justice of the supreme court or the representative	3738
of the supreme court appointed by the chief justice shall serve as	3739
chairperson of the committee. The committee shall meet within two	3740
weeks after all appointed members have been appointed and shall	3741
organize as necessary. Thereafter, the committee shall meet at	3742
least once every six months or more often upon the call of the	3743
chairperson or the written request of three or more members,	3744
provided that the committee shall not meet unless moneys have been	3745
appropriated to the judiciary budget administered by the supreme	3746
court specifically for the purpose of providing financial	3747
assistance to counties under division (I)(2) of this section and	3748
the moneys so appropriated then are available for that purpose.	3749

The members of the committee shall serve without	3750
compensation, but, if moneys have been appropriated to the	3751
judiciary budget administered by the supreme court specifically	3752
for the purpose of providing financial assistance to counties	3753
under division (I)(2) of this section, each member shall be	3754
reimbursed out of the moneys so appropriated that then are	3755
available for actual and necessary expenses incurred in the	3756
performance of official duties as a committee member.	3757

(2) The state criminal sentencing commission periodically	3758
shall provide to the felony sentence appeal cost oversight	3759
committee all data the commission collects pursuant to division	3760
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the	3761
data from the state criminal sentencing commission, the felony	3762
sentence appeal cost oversight committee periodically shall review	3763
the data; determine whether any money has been appropriated to the	3764
judiciary budget administered by the supreme court specifically	3765
for the purpose of providing state financial assistance to	3766
counties in accordance with this division for the increase in	3767
expenses the counties experience as a result of the felony	3768
sentence appeal provisions set forth in this section or as a	3769
result of a postconviction relief proceeding brought under	3770
division (A)(2) of section 2953.21 of the Revised Code or an	3771
appeal of a judgment in that proceeding; if it determines that any	3772
money has been so appropriated, determine the total amount of	3773
moneys that have been so appropriated specifically for that	3774
purpose and that then are available for that purpose; and develop	3775
a recommended method of distributing those moneys to the counties.	3776
The committee shall send a copy of its recommendation to the	3777
supreme court. Upon receipt of the committee's recommendation, the	3778
supreme court shall distribute to the counties, based upon that	3779
recommendation, the moneys that have been so appropriated	3780
specifically for the purpose of providing state financial	3781
assistance to counties under this division and that then are	3782
available for that purpose.	3783

Sec. 4503.233.  (A)(1) If a court is required to orderorders	3784
the immobilization of a vehicle for a specified period of time	3785
pursuant to section 4510.11, 4510.14, 4510.16, 4510.161, 4510.41,	3786
4511.19, 4511.193, or 4511.203 of the Revised Code, the court	3787
shall issue anthe immobilization order in accordance with this	3788
division and for the period of time specified in the particular	3789
section, and the immobilization under the order shall be in	3790
accordance with this section. The court, at the time of sentencing	3791
the offender for the offense relative to which the immobilization	3792
order is issued or as soon thereafter as is practicable, shall	3793
give a copy of the order to the offender or the offender's	3794
counsel. The court promptly shall send a copy of the order to the	3795
registrar on a form prescribed by the registrar and to the person	3796
or agency it designates to execute the order.	3797

The order shall indicate the date on which it is issued,	3798
shall identify the vehicle that is subject to the order, and shall	3799
specify all of the following:	3800

(a) The period of the immobilization;

3801

(b) The place at which the court determines that the	3802
immobilization shall be carried out, provided that the court shall	3803
not determine and shall not specify that the immobilization is to	3804
be carried out at any place other than a commercially operated	3805
private storage lot, a place owned by a law enforcement or other	3806
government agency, or a place to which one of the following	3807
applies:	3808

(i) The place is leased by or otherwise under the control of	3809
a law enforcement or other government agency.	3810

(ii) The place is owned by the offender, the offender's	3811
spouse, or a parent or child of the offender.	3812

(iii) The place is owned by a private person or entity, and,	3813
prior to the issuance of the order, the private entity or person	3814
that owns the place, or the authorized agent of that private	3815
entity or person, has given express written consent for the	3816
immobilization to be carried out at that place.	3817

(iv) The place is a public street or highway on which the	3818
vehicle is parked in accordance with the law.	3819

(c) The person or agency designated by the court to execute	3820
the order, which shall be either the law enforcement agency that	3821
employs the law enforcement officer who seized the vehicle, a	3822
bailiff of the court, another person the court determines to be	3823
appropriate to execute the order, or the law enforcement agency	3824
with jurisdiction over the place of residence of the vehicle	3825
owner;	3826

(d) That neither the registrar nor a deputy registrar will be	3827
permitted to accept an application for the license plate	3828
registration of any motor vehicle in the name of the vehicle owner	3829
until the immobilization fee is paid.	3830

(2) The person or agency the court designates to immobilize	3831
the vehicle shall seize or retain that vehicle's license plates	3832
and forward them to the bureau of motor vehicles.	3833

(3) In all cases, the offender shall be assessed an	3834
immobilization fee of one hundred dollars, and the immobilization	3835
fee shall be paid to the registrar before the vehicle may be	3836
released to the offender. Neither the registrar nor a deputy	3837
registrar shall accept an application for the registration of any	3838
motor vehicle in the name of the offender until the immobilization	3839
fee is paid.	3840

(4) If the vehicle subject to the order is immobilized	3841
pursuant to the order and is found being operated upon any street	3842
or highway in this state during the immobilization period, it	3843
shall be seized, removed from the street or highway, and	3844
criminally forfeited and disposed of pursuant to section 4503.234	3845
of the Revised Code.	3846

(5) The registrar shall deposit the immobilization fee into	3847
the law enforcement reimbursement fund created by section 4501.19	3848
of the Revised Code. Money in the fund shall be expended only as	3849
provided in division (A)(5) of this section. If the court	3850
designated in the order a court bailiff or another appropriate	3851
person other than a law enforcement officer to immobilize the	3852
vehicle, the amount of the fee deposited into the law enforcement	3853
reimbursement fund shall be paid out to the county treasury if the	3854
court that issued the order is a county court, to the treasury of	3855
the municipal corporation served by the court if the court that	3856
issued the order is a mayor's court, or to the city treasury of	3857
the legislative authority of the court, both as defined in section	3858
1901.03 of the Revised Code, if the court that issued the order is	3859
a municipal court. If the court designated a law enforcement	3860
agency to immobilize the vehicle and if the law enforcement agency	3861
immobilizes the vehicle, the amount of the fee deposited into the	3862
law enforcement reimbursement fund shall be paid out to the law	3863
enforcement agency to reimburse the agency for the costs it incurs	3864
in obtaining immobilization equipment and, if required, in sending	3865
an officer or other person to search for and locate the vehicle	3866
specified in the immobilization order and to immobilize the	3867
vehicle.	3868

In addition to the immobilization fee required to be paid	3869
under division (A)(3) of this section, the offender may be charged	3870
expenses or charges incurred in the removal and storage of the	3871
immobilized vehicle.	3872

(B) If a court issues an immobilization order under division	3873
(A)(1) of this section, the person or agency designated by the	3874
court to execute the immobilization order promptly shall	3875
immobilize or continue the immobilization of the vehicle at the	3876
place specified by the court in the order. The registrar shall not	3877
authorize the release of the vehicle or authorize the issuance of	3878
new identification license plates for the vehicle at the end of	3879
the immobilization period until the immobilization fee has been	3880
paid.	3881

(C) Upon receipt of the license plates for a vehicle under	3882
this section, the registrar shall destroy the license plates. At	3883
the end of the immobilization period and upon the payment of the	3884
immobilization fee that must be paid under this section, the	3885
registrar shall authorize the release of the vehicle and authorize	3886
the issuance, upon the payment of the same fee as is required for	3887
the replacement of lost, mutilated, or destroyed license plates	3888
and certificates of registration, of new license plates and, if	3889
necessary, a new certificate of registration to the offender for	3890
the vehicle in question.	3891

(D)(1) If a court issues an immobilization order under	3892
division (A) of this section, the immobilization period commences	3893
on the day on which the vehicle in question is immobilized. If the	3894
vehicle in question had been seized under section 4510.41 or	3895
4511.195 of the Revised Code, the time between the seizure and the	3896
beginning of the immobilization period shall be credited against	3897
the immobilization period specified in the immobilization order	3898
issued under division (A) of this section. No vehicle that is	3899
immobilized under this section is eligible to have restricted	3900
license plates under section 4503.231 of the Revised Code issued	3901
for that vehicle.	3902

(2) If a court issues an immobilization order under division	3903
(A) of this section, if the vehicle subject to the order is	3904
immobilized under the order, and if the vehicle is found being	3905
operated upon any street or highway of this state during the	3906
immobilization period, it shall be seized, removed from the street	3907
or highway, and criminally forfeited, and disposed of pursuant to	3908
section 4503.234 of the Revised Code. No vehicle that is forfeited	3909
under this provision shall be considered contraband for purposes	3910
of section 2933.41, 2933.42, or 2933.43 of the Revised Code, but	3911
shall be held by the law enforcement agency that employs the	3912
officer who seized it for disposal in accordance with section	3913
4503.234 of the Revised Code.	3914

(3) If a court issues an immobilization order under division	3915
(A) of this section, and if the vehicle is not claimed within	3916
seven days after the end of the period of immobilization or if the	3917
offender has not paid the immobilization fee, the person or agency	3918
that immobilized the vehicle shall send a written notice to the	3919
offender at the offender's last known address informing the	3920
offender of the date on which the period of immobilization ended,	3921
that the offender has twenty days after the date of the notice to	3922
pay the immobilization fee and obtain the release of the vehicle,	3923
and that if the offender does not pay the fee and obtain the	3924
release of the vehicle within that twenty-day period, the vehicle	3925
will be forfeited under section 4503.234 of the Revised Code to	3926
the entity that is entitled to the immobilization fee.	3927

(4) An offender whose motor vehicle is subject to an	3928
immobilization order issued under division (A) of this section	3929
shall not sell the motor vehicle without approval of the court	3930
that issued the order. If such an offender wishes to sell the	3931
motor vehicle during the immobilization period, the offender shall	3932
apply to the court that issued the immobilization order for	3933
permission to assign the title to the vehicle. If the court is	3934
satisfied that the sale will be in good faith and not for the	3935
purpose of circumventing the provisions of division (A)(1) of this	3936
section, it may certify its consent to the offender and to the	3937
registrar. Upon receipt of the court's consent, the registrar	3938
shall enter the court's notice in the offender's vehicle license	3939
plate registration record.	3940

If, during a period of immobilization under an immobilization	3941
order issued under division (A) of this section, the title to the	3942
immobilized motor vehicle is transferred by the foreclosure of a	3943
chattel mortgage, a sale upon execution, the cancellation of a	3944
conditional sales contract, or an order of a court, the involved	3945
court shall notify the registrar of the action, and the registrar	3946
shall enter the court's notice in the offender's vehicle license	3947
plate registration record.	3948

Nothing in this section shall be construed as requiring the	3949
registrar or the clerk of the court of common pleas to note upon	3950
the certificate of title records any prohibition regarding the	3951
sale of a motor vehicle.	3952

(5) If the title to a motor vehicle that is subject to an	3953
immobilization order under division (A) of this section is	3954
assigned or transferred without court approval between the time of	3955
arrest of the offender who committed the offense for which such an	3956
order is to be issued and the time of the actual immobilization of	3957
the vehicle, the court shall order that, for a period of two years	3958
from the date of the order, neither the registrar nor any deputy	3959
registrar shall accept an application for the registration of any	3960
motor vehicle in the name of the offender whose vehicle was	3961
assigned or transferred without court approval. The court shall	3962
notify the registrar of the order on a form prescribed by the	3963
registrar for that purpose.	3964

(6) If the title to a motor vehicle that is subject to an	3965
immobilization order under division (A) of this section is	3966
assigned or transferred without court approval in violation of	3967
division (D)(4) of this section, then, in addition to or	3968
independent of any other penalty established by law, the court may	3969
fine the offender the value of the vehicle as determined by	3970
publications of the national auto dealers association. The	3971
proceeds from any fine so imposed shall be distributed in the same	3972
manner as the proceeds of the sale of a forfeited vehicle are	3973
distributed pursuant to division (C)(2) of section 4503.234 of the	3974
Revised Code.	3975

(E)(1) The court with jurisdiction over the case, after	3976
notice to all interested parties including lienholders, and after	3977
an opportunity for them to be heard, if the offender fails to	3978
appear in person, without good cause, or if the court finds that	3979
the offender does not intend to seek release of the vehicle at the	3980
end of the period of immobilization or that the offender is not or	3981
will not be able to pay the expenses and charges incurred in its	3982
removal and storage, may order that title to the vehicle be	3983
transferred, in order of priority, first into the name of the	3984
entity entitled to the immobilization fee under division (A)(5) of	3985
this section, next into the name of a lienholder, or lastly, into	3986
the name of the owner of the place of storage.	3987

A lienholder that receives title under a court order shall do	3988
so on the condition that it pay any expenses or charges incurred	3989
in the vehicle's removal and storage. If the entity that receives	3990
title to the vehicle is the entity that is entitled to the	3991
immobilization fee under division (A)(5) of this section, it shall	3992
receive title on the condition that it pay any lien on the	3993
vehicle. The court shall not order that title be transferred to	3994
any person or entity other than the owner of the place of storage	3995
if the person or entity refuses to receive the title. Any person	3996
or entity that receives title may either keep title to the vehicle	3997
or may dispose of the vehicle in any legal manner that it	3998
considers appropriate, including assignment of the certificate of	3999
title to the motor vehicle to a salvage dealer or a scrap metal	4000
processing facility. The person or entity shall not transfer the	4001
vehicle to the person who is the vehicle's immediate previous	4002
owner.	4003

If the person or entity assigns the motor vehicle to a	4004
salvage dealer or scrap metal processing facility, the person or	4005
entity shall send the assigned certificate of title to the motor	4006
vehicle to the clerk of the court of common pleas of the county in	4007
which the salvage dealer or scrap metal processing facility is	4008
located. The person or entity shall mark the face of the	4009
certificate of title with the words "FOR DESTRUCTION" and shall	4010
deliver a photocopy of the certificate of title to the salvage	4011
dealer or scrap metal processing facility for its records.	4012

(2) Whenever a court issues an order under division (E)(1) of	4013
this section, the court also shall order removal of the license	4014
plates from the vehicle and cause them to be sent to the registrar	4015
if they have not already been sent to the registrar. Thereafter,	4016
no further proceedings shall take place under this section, but	4017
the offender remains liable for payment of the immobilization fee	4018
described in division (A)(3) of this section if an immobilization	4019
order previously had been issued by the court.	4020

(3) Prior to initiating a proceeding under division (E)(1) of	4021
this section, and upon payment of the fee under division (B) of	4022
section 4505.14 of the Revised Code, any interested party may	4023
cause a search to be made of the public records of the bureau of	4024
motor vehicles or the clerk of the court of common pleas, to	4025
ascertain the identity of any lienholder of the vehicle. The	4026
initiating party shall furnish this information to the clerk of	4027
the court with jurisdiction over the case, and the clerk shall	4028
provide notice to the vehicle owner, the defendant, any	4029
lienholder, and any other interested parties listed by the	4030
initiating party, at the last known address supplied by the	4031
initiating party, by certified mail or, at the option of the	4032
initiating party, by personal service or ordinary mail.	4033

As used in this section, "interested party" includes the	4034
offender, all lienholders, the owner of the place of storage, the	4035
person or entity that caused the vehicle to be removed, and the	4036
person or entity, if any, entitled to the immobilization fee under	4037
division (A)(5) of this section.	4038

Sec. 4503.234.  (A) If a court is required byorders the	4039
criminal forfeiture of a vehicle pursuant to section 4503.233,	4040
4503.236, 4510.11, 4510.14, 4510.16, 4510.161, 4510.41, 4511.19,	4041
4511.193, or 4511.203 of the Revised Code to order the criminal	4042
forfeiture of a vehicle, the order shall be issued and enforced in	4043
accordance with this division, subject to division (B) of this	4044
section. An order of criminal forfeiture issued under this	4045
division shall authorize an appropriate law enforcement agency to	4046
seize the vehicle ordered criminally forfeited upon the terms and	4047
conditions that the court determines proper. No vehicle ordered	4048
criminally forfeited pursuant to this division shall be considered	4049
contraband for purposes of section 2933.41, 2933.42, or 2933.43 of	4050
the Revised Code, but the law enforcement agency that employs the	4051
officer who seized it shall hold the vehicle for disposal in	4052
accordance with this section. A forfeiture order may be issued	4053
only after the offender has been provided with an opportunity to	4054
be heard. The prosecuting attorney shall give the offender written	4055
notice of the possibility of forfeiture by sending a copy of the	4056
relevant uniform traffic ticket or other written notice to the	4057
offender not less than seven days prior to the date of issuance of	4058
the forfeiture order. A vehicle is subject to an order of criminal	4059
forfeiture pursuant to this division upon the conviction of the	4060
offender of or plea of guilty by the offender to a violation of	4061
division (A) of section 4503.236, section 4510.11, 4510.14,	4062
4510.16, or 4511.203, or division (A) of section 4511.19 of the	4063
Revised Code, or a municipal ordinance that is substantially	4064
equivalent to any of those sections or divisions.	4065

(B)(1) Prior to the issuance of an order of criminal	4066
forfeiture pursuant to this section, the law enforcement agency	4067
that employs the law enforcement officer who seized the vehicle	4068
shall conduct or cause to be conducted a search of the appropriate	4069
public records that relate to the vehicle and shall make or cause	4070
to be made reasonably diligent inquiries to identify any	4071
lienholder or any person or entity with an ownership interest in	4072
the vehicle. The court that is to issue the forfeiture order also	4073
shall cause a notice of the potential order relative to the	4074
vehicle and of the expected manner of disposition of the vehicle	4075
after its forfeiture to be sent to any lienholder or person who is	4076
known to the court to have any right, title, or interest in the	4077
vehicle. The court shall give the notice by certified mail, return	4078
receipt requested, or by personal service.	4079

(2) No order of criminal forfeiture shall be issued pursuant	4080
to this section if a lienholder or other person with an ownership	4081
interest in the vehicle establishes to the court, by a	4082
preponderance of the evidence after filing a motion with the	4083
court, that the lienholder or other person neither knew nor should	4084
have known after a reasonable inquiry that the vehicle would be	4085
used or involved, or likely would be used or involved, in the	4086
violation resulting in the issuance of the order of criminal	4087
forfeiture or the violation of the order of immobilization issued	4088
under section 4503.233 of the Revised Code, that the lienholder or	4089
other person did not expressly or impliedly consent to the use or	4090
involvement of the vehicle in that violation, and that the lien or	4091
ownership interest was perfected pursuant to law prior to the	4092
seizure of the vehicle under section 4503.236, 4510.41, 4511.195,	4093
or 4511.203 of the Revised Code. If the lienholder or holder of	4094
the ownership interest satisfies the court that these criteria	4095
have been met, the court shall preserve the lienholder's or other	4096
person's lien or interest, and the court either shall return the	4097
vehicle to the holder, or shall order that the proceeds of any	4098
sale held pursuant to division (C)(2) of this section be paid to	4099
the lienholder or holder of the interest less the costs of	4100
seizure, storage, and maintenance of the vehicle. The court shall	4101
not return a vehicle to a lienholder or a holder of an ownership	4102
interest unless the lienholder or holder submits an affidavit to	4103
the court that states that the lienholder or holder will not	4104
return the vehicle to the person from whom the vehicle was seized	4105
pursuant to the order of criminal forfeiture or to any member of	4106
that person's family and will not otherwise knowingly permit that	4107
person or any member of that person's family to obtain possession	4108
of the vehicle.	4109

(3) No order of criminal forfeiture shall be issued pursuant	4110
to this section if a person with an interest in the vehicle	4111
establishes to the court, by a preponderance of the evidence after	4112
filing a motion with the court, that the person neither knew nor	4113
should have known after a reasonable inquiry that the vehicle had	4114
been used or was involved in the violation resulting in the	4115
issuance of the order of criminal forfeiture or the violation of	4116
the order of immobilization issued under section 4503.233 of the	4117
Revised Code, that the person did not expressly or impliedly	4118
consent to the use or involvement of the vehicle in that	4119
violation, that the interest was perfected in good faith and for	4120
value pursuant to law between the time of the arrest of the	4121
offender and the final disposition of the criminal charge in	4122
question, and that the vehicle was in the possession of the	4123
interest holder at the time of the perfection of the interest. If	4124
the court is satisfied that the interest holder has met these	4125
criteria, the court shall preserve the interest holder's interest,	4126
and the court either shall return the vehicle to the interest	4127
holder or order that the proceeds of any sale held pursuant to	4128
division (C) of this section be paid to the holder of the interest	4129
less the costs of seizure, storage, and maintenance of the	4130
vehicle. The court shall not return a vehicle to an interest	4131
holder unless the holder submits an affidavit to the court stating	4132
that the holder will not return the vehicle to the person from	4133
whom the holder acquired the holder's interest, nor to any member	4134
of that person's family, and the holder will not otherwise	4135
knowingly permit that person or any member of that person's family	4136
to obtain possession of the vehicle.	4137

(C) A vehicle ordered criminally forfeited to the state	4138
pursuant to this section shall be disposed of as follows:	4139

(1) It shall be given to the law enforcement agency that	4140
employs the law enforcement officer who seized the vehicle, if	4141
that agency desires to have it;	4142

(2) If a vehicle is not disposed of pursuant to division	4143
(C)(1) of this section, the vehicle shall be sold, without	4144
appraisal, if the value of the vehicle is two thousand dollars or	4145
more as determined by publications of the national auto dealer's	4146
association, at a public auction to the highest bidder for cash.	4147
Prior to the sale, the prosecuting attorney in the case shall	4148
cause a notice of the proposed sale to be given in accordance with	4149
law. The court shall cause notice of the sale of the vehicle to be	4150
published in a newspaper of general circulation in the county in	4151
which the court is located at least seven days prior to the date	4152
of the sale. The proceeds of a sale under this division or	4153
division (F) of this section shall be applied in the following	4154
order:	4155

(a) First, they shall be applied to the payment of the costs	4156
incurred in connection with the seizure, storage, and maintenance	4157
of, and provision of security for, the vehicle, any proceeding	4158
arising out of the forfeiture, and if any, the sale.	4159

(b) Second, the remaining proceeds after compliance with	4160
division (C)(2)(a) of this section, shall be applied to the	4161
payment of the value of any lien or ownership interest in the	4162
vehicle preserved under division (B) of this section.	4163

(c) Third, the remaining proceeds, after compliance with	4164
divisions (C)(2)(a) and (b) of this section, shall be applied to	4165
the appropriate funds in accordance with divisions (D)(1)(c) and	4166
(2) of section 2933.43 of the Revised Code, provided that the	4167
total of the amount so deposited under this division shall not	4168
exceed one thousand dollars. The remaining proceeds deposited	4169
under this division shall be used only for the purposes authorized	4170
by those divisions and division (D)(3)(a)(ii) of that section.	4171

(d) Fourth, the remaining proceeds after compliance with	4172
divisions (C)(2)(a) and (b) of this section and after deposit of a	4173
total amount of one thousand dollars under division (C)(2)(c) of	4174
this section shall be applied so that fifty per cent of those	4175
remaining proceeds is paid into the reparation fund established by	4176
section 2743.191 of the Revised Code, twenty-five per cent is paid	4177
into the drug abuse resistance education programs fund created by	4178
division (F)(2)(e) of section 4511.191 of the Revised Code and	4179
shall be used only for the purposes authorized by division	4180
(F)(2)(e) of that section, and twenty-five per cent is applied to	4181
the appropriate funds in accordance with division (D)(1)(c) of	4182
section 2933.43 of the Revised Code. The proceeds deposited into	4183
any fund described in section 2933.43 of the Revised Code shall be	4184
used only for the purposes authorized by division (D)(1)(c), (2),	4185
and (3)(a)(ii) of that section.	4186

(D) Except as provided in division (E) of section 4511.203 of	4187
the Revised Code and notwithstanding any other provision of law,	4188
neither the registrar of motor vehicles nor any deputy registrar	4189
shall accept an application for the registration of any motor	4190
vehicle in the name of any person, or register any motor vehicle	4191
in the name of any person, if both of the following apply:	4192

(1) Any vehicle registered in the person's name was	4193
criminally forfeited under this section and section 4503.233,	4194
4503.236, 4510.10, 4510.11, 4510.14, 4510.16, 4510.161, 4510.41,	4195
4511.19, 4511.193, or 4511.203 of the Revised Code;	4196

(2) Less than five years have expired since the issuance of	4197
the most recent order of criminal forfeiture issued in relation to	4198
a vehicle registered in the person's name.	4199

(E) If a court is required byorders the criminal forfeiture	4200
to the state of a vehicle pursuant to section 4503.233, 4503.236,	4201
4510.10, 4510.11, 4510.14, 4510.16, 4510.161, 4510.41, 4511.19,	4202
4511.193, or 4511.203 of the Revised Code to order the criminal	4203
forfeiture to the state of a vehicle, and the title to the motor	4204
vehicle is assigned or transferred, and division (B)(2) or (3) of	4205
this section applies, in addition to or independent of any other	4206
penalty established by law, the court may fine the offender the	4207
value of the vehicle as determined by publications of the national	4208
auto dealer's association. The proceeds from any fine imposed	4209
under this division shall be distributed in accordance with	4210
division (C)(2) of this section.	4211

(F) As used in this section and divisions (D)(1)(c), (D)(2),	4212
and (D)(3)(a)(ii) of section 2933.43 of the Revised Code in	4213
relation to proceeds of the sale of a vehicle under division (C)	4214
of this section, "prosecuting attorney" includes the prosecuting	4215
attorney, village solicitor, city director of law, or similar	4216
chief legal officer of a municipal corporation who prosecutes the	4217
case resulting in the conviction or guilty plea in question.	4218

(G) If the vehicle to be forfeited has an average retail	4219
value of less than two thousand dollars as determined by	4220
publications of the national auto dealer's association, no public	4221
auction is required to be held. In such a case, the court may	4222
direct that the vehicle be disposed of in any manner that it	4223
considers appropriate, including assignment of the certificate of	4224
title to the motor vehicle to a salvage dealer or a scrap metal	4225
processing facility. The court shall not transfer the vehicle to	4226
the person who is the vehicle's immediate previous owner.	4227

If the court assigns the motor vehicle to a salvage dealer or	4228
scrap metal processing facility and the court is in possession of	4229
the certificate of title to the motor vehicle, it shall send the	4230
assigned certificate of title to the motor vehicle to the clerk of	4231
the court of common pleas of the county in which the salvage	4232
dealer or scrap metal processing facility is located. The court	4233
shall mark the face of the certificate of title with the words	4234
"FOR DESTRUCTION" and shall deliver a photocopy of the certificate	4235
of title to the salvage dealer or scrap metal processing facility	4236
for its records.	4237

If the court is not in possession of the certificate of title	4238
to the motor vehicle, the court shall issue an order transferring	4239
ownership of the motor vehicle to a salvage dealer or scrap metal	4240
processing facility, send the order to the clerk of the court of	4241
common pleas of the county in which the salvage dealer or scrap	4242
metal processing facility is located, and send a photocopy of the	4243
order to the salvage dealer or scrap metal processing facility for	4244
its records. The clerk shall make the proper notations or entries	4245
in the clerk's records concerning the disposition of the motor	4246
vehicle.	4247

Sec. 4507.02.  (A)(1) No person shall permit the operation of	4248
a motor vehicle upon any public or private property used by the	4249
public for purposes of vehicular travel or parking knowing the	4250
operator does not have a valid driver's license issued to the	4251
operator by the registrar of motor vehicles under this chapter or	4252
a valid commercial driver's license issued under Chapter 4506. of	4253
the Revised Code. Whoever violates this division is guilty of a	4254
misdemeanor of the first degree.	4255

(2) No person shall receive a driver's license, or a	4256
motorcycle operator's endorsement of a driver's or commercial	4257
driver's license, unless and until the person surrenders to the	4258
registrar all valid licenses issued to the person by another	4259
jurisdiction recognized by this state. The registrar shall report	4260
the surrender of a license to the issuing authority, together with	4261
information that a license is now issued in this state. The	4262
registrar shall destroy any such license that is not returned to	4263
the issuing authority. No person shall be permitted to have more	4264
than one valid license at any time.	4265

(B)(1) If a person is convicted of a violation of section	4266
4510.11, 4510.14, 4510.16 when division (B)(3) of that section	4267
applies, or 4510.21 of the Revised Code or if division (F) of	4268
section 4507.164 of the Revised Code applies, the trial judge of	4269
any court, in addition to or independent of, any other penalties	4270
provided by law or ordinance, shall impound the identification	4271
license plates of any motor vehicle registered in the name of the	4272
person. If a person is convicted of a violation of section 4510.16	4273
of the Revised Code and division (B)(2) of that section applies,	4274
the trial judge of any court, in addition to or independent of any	4275
other penalties provided by law or ordinance, may impound the	4276
identification license plates of any motor vehicle registered in	4277
the name of the person. The court shall send the impounded license	4278
plates to the registrar, who may retain the license plates until	4279
the driver's or commercial driver's license of the owner has been	4280
reinstated or destroy them pursuant to section 4503.232 of the	4281
Revised Code.	4282

If the license plates of a person convicted of a violation of	4283
any provision of those sections have been impounded in accordance	4284
with the provisions of this division, the court shall notify the	4285
registrar of that action. The notice shall contain the name and	4286
address of the driver, the serial number of the driver's driver's	4287
or commercial driver's license, the serial numbers of the license	4288
plates of the motor vehicle, and the length of time for which the	4289
license plates have been impounded. The registrar shall record the	4290
data in the notice as part of the driver's permanent record.	4291

(2) Any motor vehicle owner who has had the license plates of	4292
a motor vehicle impounded pursuant to division (B)(1) of this	4293
section may apply to the registrar, or to a deputy registrar, for	4294
restricted license plates that shall conform to the requirements	4295
of section 4503.231 of the Revised Code. The registrar or deputy	4296
registrar forthwith shall notify the court of the application and,	4297
upon approval of the court, shall issue restricted license plates	4298
to the applicant. Until the driver's or commercial driver's	4299
license of the owner is reinstated, any new license plates issued	4300
to the owner also shall conform to the requirements of section	4301
4503.231 of the Revised Code.	4302

The registrar or deputy registrar shall charge the owner of a	4303
vehicle the fees provided in section 4503.19 of the Revised Code	4304
for restricted license plates that are issued in accordance with	4305
this division, except upon renewal as specified in section 4503.10	4306
of the Revised Code, when the regular fee as provided in section	4307
4503.04 of the Revised Code shall be charged. The registrar or	4308
deputy registrar shall charge the owner of a vehicle the fees	4309
provided in section 4503.19 of the Revised Code whenever	4310
restricted license plates are exchanged, by reason of the	4311
reinstatement of the driver's or commercial driver's license of	4312
the owner, for those ordinarily issued.	4313

(3) If an owner wishes to sell a motor vehicle during the	4314
time the restricted license plates provided under division (B)(2)	4315
of this section are in use, the owner may apply to the court that	4316
impounded the license plates of the motor vehicle for permission	4317
to transfer title to the motor vehicle. If the court is satisfied	4318
that the sale will be made in good faith and not for the purpose	4319
of circumventing the provisions of this section, it may certify	4320
its consent to the owner and to the registrar of motor vehicles	4321
who shall enter notice of the transfer of the title of the motor	4322
vehicle in the vehicle registration record.	4323

If, during the time the restricted license plates provided	4324
under division (B)(2) of this section are in use, the title to a	4325
motor vehicle is transferred by the foreclosure of a chattel	4326
mortgage, a sale upon execution, the cancellation of a conditional	4327
sales contract, or by order of a court, the court shall notify the	4328
registrar of the action and the registrar shall enter notice of	4329
the transfer of the title to the motor vehicle in the vehicle	4330
registration record.	4331

(C) This section is not intended to change or modify any	4332
provision of Chapter 4503. of the Revised Code with respect to the	4333
taxation of motor vehicles or the time within which the taxes on	4334
motor vehicles shall be paid.	4335

Sec. 4507.08.  (A) No probationary license shall be issued to	4336
any person under the age of eighteen who has been adjudicated an	4337
unruly or delinquent child or a juvenile traffic offender for	4338
having committed any act that if committed by an adult would be a	4339
drug abuse offense, as defined in section 2925.01 of the Revised	4340
Code, a violation of division (B) of section 2917.11, or a	4341
violation of division (A) of section 4511.19 of the Revised Code,	4342
unless the person has been required by the court to attend a drug	4343
abuse or alcohol abuse education, intervention, or treatment	4344
program specified by the court and has satisfactorily completed	4345
the program.	4346

(B) No temporary instruction permit or driver's license shall	4347
be issued to any person whose license has been suspended, during	4348
the period for which the license was suspended, nor to any person	4349
whose license has been canceled, under Chapter 4510. or any other	4350
provision of the Revised Code.	4351

(C) No temporary instruction permit or driver's license shall	4352
be issued to any person whose commercial driver's license is	4353
suspended under Chapter 4510. or any other provision of the	4354
Revised Code during the period of the suspension.	4355

No temporary instruction permit or driver's license shall be	4356
issued to any person when issuance is prohibited by division (A)	4357
of section 4507.091 of the Revised Code.	4358

(D) No temporary instruction permit or driver's license shall	4359
be issued to, or retained by, any of the following persons:	4360

(1) Any person who is an alcoholic, or is addicted to the use	4361
of controlled substances to the extent that the use constitutes an	4362
impairment to the person's ability to operate a motor vehicle with	4363
the required degree of safety;	4364

(2) Any person who is under the age of eighteen and has been	4365
adjudicated an unruly or delinquent child or a juvenile traffic	4366
offender for having committed any act that if committed by an	4367
adult would be a drug abuse offense, as defined in section 2925.01	4368
of the Revised Code, a violation of division (B) of section	4369
2917.11, or a violation of division (A) of section 4511.19 of the	4370
Revised Code, unless the person has been required by the court to	4371
attend a drug abuse or alcohol abuse education, intervention, or	4372
treatment program specified by the court and has satisfactorily	4373
completed the program;	4374

(3) Any person who, in the opinion of the registrar, is	4375
afflicted with or suffering from a physical or mental disability	4376
or disease that prevents the person from exercising reasonable and	4377
ordinary control over a motor vehicle while operating the vehicle	4378
upon the highways, except that a restricted license effective for	4379
six months may be issued to any person otherwise qualified who is	4380
or has been subject to any condition resulting in episodic	4381
impairment of consciousness or loss of muscular control and whose	4382
condition, in the opinion of the registrar, is dormant or is	4383
sufficiently under medical control that the person is capable of	4384
exercising reasonable and ordinary control over a motor vehicle. A	4385
restricted license effective for six months shall be issued to any	4386
person who otherwise is qualified and who is subject to any	4387
condition that causes episodic impairment of consciousness or a	4388
loss of muscular control if the person presents a statement from a	4389
licensed physician that the person's condition is under effective	4390
medical control and the period of time for which the control has	4391
been continuously maintained, unless, thereafter, a medical	4392
examination is ordered and, pursuant thereto, cause for denial is	4393
found.	4394

A person to whom a six-month restricted license has been	4395
issued shall give notice of the person's medical condition to the	4396
registrar on forms provided by the registrar and signed by the	4397
licensee's physician. The notice shall be sent to the registrar	4398
six months after the issuance of the license. Subsequent	4399
restricted licenses issued to the same individual shall be	4400
effective for six months.	4401

(4) Any person who is unable to understand highway warnings	4402
or traffic signs or directions given in the English language;	4403

(5) Any person making an application whose driver's license	4404
or driving privileges are under cancellation, revocation, or	4405
suspension in the jurisdiction where issued or any other	4406
jurisdiction, until the expiration of one year after the license	4407
was canceled or revoked or until the period of suspension ends.	4408
Any person whose application is denied under this division may	4409
file a petition in the municipal court or county court in whose	4410
jurisdiction the person resides agreeing to pay the cost of the	4411
proceedings and alleging that the conduct involved in the offense	4412
that resulted in suspension, cancellation, or revocation in the	4413
foreign jurisdiction would not have resulted in a suspension,	4414
cancellation, or revocation had the offense occurred in this	4415
state. If the petition is granted, the petitioner shall notify the	4416
registrar by a certified copy of the court's findings and a	4417
license shall not be denied under this division.	4418

(6) Any person who is under a class one or two suspension	4419
imposed for a violation of section 2903.01, 2903.02, 2903.04,	4420
2903.06, or 2903.08, 2903.11, 2921.331, or 2923.02 of the Revised	4421
Code or whose driver's or commercial driver's license or permit	4422
was permanently revoked prior to January 1, 2004, for a	4423
substantially equivalent violation pursuant to section 4507.16 of	4424
the Revised Code;	4425

(7) Any person who is not a resident or temporary resident of	4426
this state.	4427

(E) No person whose driver's license or permit has been	4428
suspended under Chapter 4510. of the Revised Code or any other	4429
provision of the Revised Code shall have driving privileges	4430
reinstated if the registrar determines that a warrant has been	4431
issued in this state or any other state for the person's arrest	4432
and that warrant is an active warrant.	4433

Sec. 4507.164.  (A) Except as provided in divisions (C) to	4434
(E) of this section, when the license of any person is suspended	4435
pursuant to any provision of the Revised Code other than division	4436
(G) of section 4511.19 of the Revised Code and other than section	4437
4510.07 of the Revised Code for a violation of a municipal OVI	4438
ordinance, the trial judge may impound the identification license	4439
plates of any motor vehicle registered in the name of the person.	4440

(B)(1) When the license of any person is suspended pursuant	4441
to division (G)(1)(a) of section 4511.19 of the Revised Code, or	4442
pursuant to section 4510.07 of the Revised Code for a municipal	4443
OVI offense when the suspension is equivalent in length to the	4444
suspension under division (G) of section 4511.19 of the Revised	4445
Code that is specified in this division, the trial judge of the	4446
court of record or the mayor of the mayor's court that suspended	4447
the license may impound the identification license plates of any	4448
motor vehicle registered in the name of the person.	4449

(2) When the license of any person is suspended pursuant to	4450
division (G)(1)(b) of section 4511.19 of the Revised Code, or	4451
pursuant to section 4510.07 of the Revised Code for a municipal	4452
OVI offense when the suspension is equivalent in length to the	4453
suspension under division (G) of section 4511.19 of the Revised	4454
Code that is specified in this division, the trial judge of the	4455
court of record that suspended the license shall order the	4456
impoundment of the identification license plates of the motor	4457
vehicle the offender was operating at the time of the offense and	4458
the immobilization of that vehicle in accordance with section	4459
4503.233 and division (G)(1)(b) of section 4511.19 or division	4460
(B)(2)(a) of section 4511.193 of the Revised Code and may impound	4461
the identification license plates of any other motor vehicle	4462
registered in the name of the person whose license is suspended.	4463

(3) When the license of any person is suspended pursuant to	4464
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	4465
Code, or pursuant to section 4510.07 of the Revised Code for a	4466
municipal OVI offense when the suspension is equivalent in length	4467
to the suspension under division (G) of section 4511.19 of the	4468
Revised Code that is specified in this division, the trial judge	4469
of the court of record that suspended the license shall order the	4470
criminal forfeiture to the state of the motor vehicle the offender	4471
was operating at the time of the offense in accordance with	4472
section 4503.234 and division (G)(1)(c), (d), or (e) of section	4473
4511.19 or division (B)(2)(b) of section 4511.193 of the Revised	4474
Code and may impound the identification license plates of any	4475
other motor vehicle registered in the name of the person whose	4476
license is suspended.	4477

(C)(1) When a person is convicted of or pleads guilty to a	4478
violation of section 4510.14 of the Revised Code or a	4479
substantially equivalent municipal ordinance and division (B)(1)	4480
or (2) of section 4510.14 or division (C)(1) or (2) of section	4481
4510.161 of the Revised Code applies, the trial judge of the court	4482
of record or the mayor of the mayor's court that imposes sentence	4483
shall order the immobilization of the vehicle the person was	4484
operating at the time of the offense and the impoundment of its	4485
identification license plates in accordance with section 4503.233	4486
and division (B)(1) or (2) of section 4510.14 or division (C)(1)	4487
or (2) of section 4510.161 of the Revised Code and may impound the	4488
identification license plates of any other vehicle registered in	4489
the name of that person.	4490

(2) When a person is convicted of or pleads guilty to a	4491
violation of section 4510.14 of the Revised Code or a	4492
substantially equivalent municipal ordinance and division (B)(3)	4493
of section 4510.14 or division (C)(3) of section 4510.161 of the	4494
Revised Code applies, the trial judge of the court of record that	4495
imposes sentence shall order the criminal forfeiture to the state	4496
of the vehicle the person was operating at the time of the offense	4497
in accordance with section 4503.234 and division (B)(3) of section	4498
4510.14 or division (C)(3) of section 4510.161 of the Revised Code	4499
and may impound the identification license plates of any other	4500
vehicle registered in the name of that person.	4501

(D)(1) When a person is convicted of or pleads guilty to a	4502
violation of division (A) of section 4510.16 of the Revised Code	4503
or a substantially equivalent municipal ordinance and, division	4504
(B)(2) or (3) of section 4510.16 or division (B)(1) or (2) of	4505
section 4510.161 of the Revised Code applies, the trial judge of	4506
the court of record or the mayor of the mayor's court that imposes	4507
sentence shall orderin determining whether the immobilization of	4508
the vehicle the person was operating at the time of the offense	4509
and the impoundment of its identification license plates in	4510
accordance with section 4503.233 and division (B)(2) or (3) of	4511
section 4510.16 or division (B)(1) or (2) of section 4510.161 of	4512
the Revised Code and may impound the identification license plates	4513
of any other vehicle registered in the name of that person.	4514

(2) When a person is convicted of or pleads guilty to a	4515
violation of division (A) of section 4510.16 of the Revised Code	4516
or a substantially equivalent municipal ordinance and division	4517
(B)(4) of section 4510.16 or division (B)(3) of section 4510.161	4518
of the Revised Code applies, the trial judge of the court of	4519
record that imposes sentence shall orderor the criminal	4520
forfeiture to the state of the vehicle the person was operating at	4521
the time of the offense in accordance with section 4503.234 and	4522
division (B)(4) of section 4510.16 or division (B)(3) of section	4523
4510.161 of the Revised Code andis authorized or required. The	4524
trial judge of the court of record or the mayor of the mayor's	4525
court that imposes sentence may impound the identification license	4526
plates of any other vehicle registered in the name of that person.	4527

(E)(1) When a person is convicted of or pleads guilty to a	4528
violation of section 4511.203 of the Revised Code and the person	4529
is sentenced pursuant to division (C)(1) or (2) of section	4530
4511.203 of the Revised Code, the trial judge of the court of	4531
record or the mayor of the mayor's court that imposes sentence	4532
shall order the immobilization of the vehicle that was involved in	4533
the commission of the offense and the impoundment of its	4534
identification license plates in accordance with division (C)(1)	4535
or (2) of section 4511.203 and section 4503.233 of the Revised	4536
Code and may impound the identification license plates of any	4537
other vehicle registered in the name of that person.	4538

(2) When a person is convicted of or pleads guilty to a	4539
violation of section 4511.203 of the Revised Code and the person	4540
is sentenced pursuant to division (C)(3) of section 4511.203 of	4541
the Revised Code, the trial judge of the court of record or the	4542
mayor of the mayor's court that imposes sentence shall order the	4543
criminal forfeiture to the state of the vehicle that was involved	4544
in the commission of the offense in accordance with division	4545
(C)(3) of section 4511.203 and section 4503.234 of the Revised	4546
Code and may impound the identification license plates of any	4547
other vehicle registered in the name of that person.	4548

(F) Except as provided in section 4503.233 or 4503.234 of the	4549
Revised Code, when the certificate of registration, the	4550
identification license plates, or both have been impounded,	4551
division (B) of section 4507.02 of the Revised Code is applicable.	4552

(G) As used in this section, "municipal OVI offense" has the	4553
same meaning as in section 4511.181 of the Revised Code.	4554

Sec. 4510.10.  (A) As used in this section, "reinstatement	4555
fees" means the fees that are required under section 4507.1612,	4556
4507.45, 4509.101, 4509.81, 4511.191, 4511.951, or any other	4557
provision of the Revised Code, or under a schedule established by	4558
the bureau of motor vehicles, in order to reinstate a driver's or	4559
commercial driver's license or permit or nonresident operating	4560
privilege of an offender under a suspension.	4561

(B) Reinstatement fees are those fees that compensate the	4562
bureau of motor vehicles for suspensions, cancellations, or	4563
disqualifications of a person's driving privileges and to	4564
compensate the bureau and other agencies in their administration	4565
of programs intended to reduce and eliminate threats to public	4566
safety through education, treatment, and other activities. The	4567
registrar of motor vehicles shall not reinstate a driver's or	4568
commercial driver's license or permit or nonresident operating	4569
privilege of a person until the person has paid all reinstatement	4570
fees and has complied with all conditions for each suspension,	4571
cancellation, or disqualification incurred by that person.	4572

(C) When a municipal court or county court determines in a	4573
pending case involving an offender that theAn offender who cannot	4574
reasonably pay reinstatement fees due and owing by the offender	4575
relative to a suspension that has been or that will be imposed in	4576
on the case, thenoffender may file a petition in the municipal	4577
court, bycounty court, or, if the person is under the age of	4578
eighteen, the juvenile division of the court of common pleas in	4579
whose jurisdiction the person resides or, if the person is not a	4580
resident of this state, in the Franklin county municipal court or	4581
juvenile division of the Franklin county court of common pleas for	4582
an order, may undertakethat does either of the following, in	4583
order of preference:	4584

(1) EstablishEstablishes a reasonable payment plan of not	4585
less than fifty dollars per month, to be paid by the offender to	4586
the bureau of motor vehicles in all succeeding months until all	4587
reinstatement fees required of the offender are paid in full;	4588

(2) If the offender, but for the payment of the reinstatement	4589
fees, otherwise would be entitled to operate a vehicle in this	4590
state or to obtain reinstatement of the offender's operating	4591
privileges, permitpermits the offender to operate a motor	4592
vehicle, as authorized by the court, until a future date upon	4593
which date all reinstatement fees must be paid in full. A payment	4594
extension granted under this division shall not exceed one hundred	4595
eighty days, and any operating privileges granted under this	4596
division shall be solely for the purpose of permitting the	4597
offender occupational or "family necessity" privileges in order to	4598
enable the offender to reasonably acquire the delinquent	4599
reinstatement fees due and owing.	4600

(D) If a municipal court or, county court, byor juvenile	4601
division enters an order, undertakes either activityof the type	4602
described in division (C)(1) or (2) of this section, the court, at	4603
any time after the issuance of the order, may determine that a	4604
change of circumstances has occurred and may amend the order as	4605
justice requires, provided that the amended order also shall be an	4606
order that is permitted under division (C)(1) or (2) of this	4607
section.	4608

(E) If a court enters an order of the type described in	4609
division (C)(1), (C)(2), or (D) of this section, during the	4610
pendency of the order, the offender in relation to whom it applies	4611
is not subject to prosecution for failing to pay the reinstatement	4612
fees covered by the order.	4613

(F) Reinstatement fees are debts that may be discharged in	4614
bankruptcy.	4615

Sec. 4510.13.  (A)(1) Divisions (A)(2) to (7) of this section	4616
apply to a judge or mayor regarding the suspension of, or the	4617
grant of limited driving privileges during a suspension of, an	4618
offender's driver's or commercial driver's license or permit or	4619
nonresident operating privilege imposed under division (G) or (H)	4620
of section 4511.19 of the Revised Code, under division (B) or (C)	4621
of section 4511.191 of the Revised Code, or under section 4510.07	4622
of the Revised Code for a conviction of a violation of a municipal	4623
OVI ordinance.	4624

(2) No judge or mayor shall suspend the following portions of	4625
the suspension of an offender's driver's or commercial driver's	4626
license or permit or nonresident operating privilege imposed under	4627
division (G) or (H) of section 4511.19 of the Revised Code or	4628
under section 4510.07 of the Revised Code for a conviction of a	4629
violation of a municipal OVI ordinance, provided that division	4630
(A)(2) of this section does not limit a court or mayor in	4631
crediting any period of suspension imposed pursuant to division	4632
(B) or (C) of section 4511.191 of the Revised Code against any	4633
time of judicial suspension imposed pursuant to section 4511.19 or	4634
4510.07 of the Revised Code, as described in divisions (B)(2) and	4635
(C)(2) of section 4511.191 of the Revised Code:	4636

(a) The first six months of a suspension imposed under	4637
division (G)(1)(a) of section 4511.19 of the Revised Code or of a	4638
comparable length suspension imposed under section 4510.07 of the	4639
Revised Code;	4640

(b) The first year of a suspension imposed under division	4641
(G)(1)(b) or (c) of section 4511.19 of the Revised Code or of a	4642
comparable length suspension imposed under section 4510.07 of the	4643
Revised Code;	4644

(c) The first three years of a suspension imposed under	4645
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	4646
or of a comparable length suspension imposed under section 4510.07	4647
of the Revised Code;	4648

(d) The first sixty days of a suspension imposed under	4649
division (H) of section 4511.19 of the Revised Code or of a	4650
comparable length suspension imposed under section 4510.07 of the	4651
Revised Code.	4652

(3) No judge or mayor shall grant limited driving privileges	4653
to an offender whose driver's or commercial driver's license or	4654
permit or nonresident operating privilege has been suspended under	4655
division (G) or (H) of section 4511.19 of the Revised Code, under	4656
division (C) of section 4511.191 of the Revised Code, or under	4657
section 4510.07 of the Revised Code for a municipal OVI conviction	4658
if the offender, within the preceding six years, has been	4659
convicted of or pleaded guilty to three or more violations of one	4660
or more of the Revised Code sections, municipal ordinances,	4661
statutes of the United States or another state, or municipal	4662
ordinances of a municipal corporation of another state that are	4663
identified in divisions (G)(2)(b) to (h) of section 2919.22 of the	4664
Revised Code.	4665

Additionally, no judge or mayor shall grant limited driving	4666
privileges to an offender whose driver's or commercial driver's	4667
license or permit or nonresident operating privilege has been	4668
suspended under division (B) of section 4511.191 of the Revised	4669
Code if the offender, within the preceding six years, has refused	4670
three previous requests to consent to a chemical test of the	4671
person's whole blood, blood serum or plasma, breath, or urine to	4672
determine its alcohol content.	4673

(4) No judge or mayor shall grant limited driving privileges	4674
for employment as a driver of commercial motor vehicles to an	4675
offender whose driver's or commercial driver's license or permit	4676
or nonresident operating privilege has been suspended under	4677
division (G) or (H) of section 4511.19 of the Revised Code, under	4678
division (B) or (C) of section 4511.191 of the Revised Code, or	4679
under section 4510.07 of the Revised Code for a municipal OVI	4680
conviction if the offender is disqualified from operating a	4681
commercial motor vehicle, or whose license or permit has been	4682
suspended, under section 3123.58 or 4506.16 of the Revised Code.	4683

(5) No judge or mayor shall grant limited driving privileges	4684
to an offender whose driver's or commercial driver's license or	4685
permit or nonresident operating privilege has been suspended under	4686
division (G) or (H) of section 4511.19 of the Revised Code, under	4687
division (C) of section 4511.191 of the Revised Code, or under	4688
section 4510.07 of the Revised Code for a conviction of a	4689
violation of a municipal OVI ordinance during any of the following	4690
periods of time:	4691

(a) The first fifteen days of a suspension imposed under	4692
division (G)(1)(a) of section 4511.19 of the Revised Code or a	4693
comparable length suspension imposed under section 4510.07 of the	4694
Revised Code, or of a suspension imposed under division (C)(1)(a)	4695
of section 4511.191 of the Revised Code. On or after the sixteenth	4696
day of the suspension, the court may grant limited driving	4697
privileges, but the court may require that the offender shall not	4698
exercise the privileges unless the vehicles the offender operates	4699
are equipped with immobilizing or disabling devices that monitor	4700
the offender's alcohol consumption or any other type of	4701
immobilizing or disabling devices, except as provided in division	4702
(C) of section 4510.43 of the Revised Code.	4703

(b) The first thirty days of a suspension imposed under	4704
division (G)(1)(b) of section 4511.19 of the Revised Code or a	4705
comparable length suspension imposed under section 4510.07 of the	4706
Revised Code, or of a suspension imposed under division (C)(1)(b)	4707
of section 4511.191 of the Revised Code. On or after the	4708
thirty-first day of suspension, the court may grant limited	4709
driving privileges, but the court may require that the offender	4710
shall not exercise the privileges unless the vehicles the offender	4711
operates are equipped with immobilizing or disabling devices that	4712
monitor the offender's alcohol consumption or any other type of	4713
immobilizing or disabling devices, except as provided in division	4714
(C) of section 4510.43 of the Revised Code.	4715

(c) The first sixty days of a suspension imposed under	4716
division (H) of section 4511.19 of the Revised Code or a	4717
comparable length suspension imposed under section 4510.07 of the	4718
Revised Code.	4719

(d) The first one hundred eighty days of a suspension imposed	4720
under division (G)(1)(c) of section 4511.19 of the Revised Code or	4721
a comparable length suspension imposed under section 4510.07 of	4722
the Revised Code, or of a suspension imposed under division	4723
(C)(1)(c) of section 4511.191 of the Revised Code. The judge may	4724
grant limited driving privileges on or after the one hundred	4725
eighty-first day of the suspension only if the judge, at the time	4726
of granting the privileges, also issues an order prohibiting the	4727
offender, while exercising the privileges during the period	4728
commencing with the one hundred eighty-first day of suspension and	4729
ending with the first year of suspension, from operating any motor	4730
vehicle unless it is equipped with an immobilizing or disabling	4731
device that monitors the offender's alcohol consumption. After the	4732
first year of the suspension, the court may authorize the offender	4733
to continue exercising the privileges in vehicles that are not	4734
equipped with immobilizing or disabling devices that monitor the	4735
offender's alcohol consumption, except as provided in division (C)	4736
of section 4510.43 of the Revised Code. If the offender does not	4737
petition for limited driving privileges until after the first year	4738
of suspension, the judge may grant limited driving privileges	4739
without requiring the use of an immobilizing or disabling device	4740
that monitors the offender's alcohol consumption.	4741

(e) The first three years of a suspension imposed under	4742
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	4743
or a comparable length suspension imposed under section 4510.07 of	4744
the Revised Code, or of a suspension imposed under division	4745
(C)(1)(d) of section 4511.191 of the Revised Code. The judge may	4746
grant limited driving privileges after the first three years of	4747
suspension only if the judge, at the time of granting the	4748
privileges, also issues an order prohibiting the offender from	4749
operating any motor vehicle, for the period of suspension	4750
following the first three years of suspension, unless the motor	4751
vehicle is equipped with an immobilizing or disabling device that	4752
monitors the offender's alcohol consumption, except as provided in	4753
division (C) of section 4510.43 of the Revised Code.	4754

(6) No judge or mayor shall grant limited driving privileges	4755
to an offender whose driver's or commercial driver's license or	4756
permit or nonresident operating privilege has been suspended under	4757
division (B) of section 4511.191 of the Revised Code during any of	4758
the following periods of time:	4759

(a) The first thirty days of suspension imposed under	4760
division (B)(1)(a) of section 4511.191 of the Revised Code;	4761

(b) The first ninety days of suspension imposed under	4762
division (B)(1)(b) of section 4511.191 of the Revised Code;	4763

(c) The first year of suspension imposed under division	4764
(B)(1)(c) of section 4511.191 of the Revised Code;	4765

(d) The first three years of suspension imposed under	4766
division (B)(1)(d) of section 4511.191 of the Revised Code.	4767

(7) In any case in which a judge or mayor grants limited	4768
driving privileges to an offender whose driver's or commercial	4769
driver's license or permit or nonresident operating privilege has	4770
been suspended under division (G)(1)(b), (c), (d), or (e) of	4771
section 4511.19 of the Revised Code, under division (G)(1)(a) of	4772
section 4511.19 of the Revised Code for a violation of division	4773
(A)(1)(f), (g), (h), or (i) of that section, or under section	4774
4510.07 of the Revised Code for a municipal OVI conviction for	4775
which sentence would have been imposed under division	4776
(G)(1)(a)(ii) or (G)(1)(b), (c), (d), or (e) of section 4511.19 of	4777
the Revised Code had the offender been charged with and convicted	4778
of a violation of section 4511.19 of the Revised Code instead of a	4779
violation of the municipal OVI ordinance, the judge or mayor shall	4780
impose as a condition of the privileges that the offender must	4781
display on the vehicle that is driven subject to the privileges	4782
restricted license plates that are issued under section 4503.231	4783
of the Revised Code, except as provided in division (B) of that	4784
section.	4785

(B) Any person whose driver's or commercial driver's license	4786
or permit or nonresident operating privilege has been suspended	4787
pursuant to section 4511.19 or 4511.191 of the Revised Code or	4788
under section 4510.07 of the Revised Code for a violation of a	4789
municipal OVI ordinance may file a petition for limited driving	4790
privileges during the suspension. The person shall file the	4791
petition in the court that has jurisdiction over the place of	4792
arrest. Subject to division (A) of this section, the court may	4793
grant the person limited driving privileges during the period	4794
during which the suspension otherwise would be imposed. However,	4795
the court shall not grant the privileges for employment as a	4796
driver of a commercial motor vehicle to any person who is	4797
disqualified from operating a commercial motor vehicle under	4798
section 4506.16 of the Revised Code or during any of the periods	4799
prescribed by division (A) of this section.	4800

(C)(1) After a driver's or commercial driver's license or	4801
permit or nonresident operating privilege has been suspended	4802
pursuant to section 2903.06, 2903.08, 2903.11, 2907.24, 2921.331,	4803
2923.02, 2929.02, 4511.19, 4511.251, 4549.02, 4549.021, or 5743.99	4804
of the Revised Code, any provision of Chapter 2925. of the Revised	4805
Code, or section 4510.07 of the Revised Code for a violation of a	4806
municipal OVI ordinance, the judge of the court or mayor of the	4807
mayor's court that suspended the license, permit, or privilege	4808
shall cause the offender to deliver to the court the license or	4809
permit. The judge, mayor, or clerk of the court or mayor's court	4810
shall forward to the registrar the license or permit together with	4811
notice of the action of the court.	4812

(2) A suspension of a commercial driver's license under any	4813
section or chapter identified in division (C)(1) of this section	4814
shall be concurrent with any period of suspension or	4815
disqualification under section 3123.58 or 4506.16 of the Revised	4816
Code. No person who is disqualified for life from holding a	4817
commercial driver's license under section 4506.16 of the Revised	4818
Code shall be issued a driver's license under this chapter during	4819
the period for which the commercial driver's license was suspended	4820
under this section, and no person whose commercial driver's	4821
license is suspended under any section or chapter identified in	4822
division (C)(1) of this section shall be issued a driver's license	4823
under Chapter 4507. of the Revised Code during the period of the	4824
suspension.	4825

(3) No judge or mayor shall suspend any class one suspension,	4826
or any portion of any class one suspension, required byimposed	4827
under section 2903.04 or, 2903.06, 2903.08, or 2921.331 of the	4828
Revised Code. No judge or mayor shall suspend the first thirty	4829
days of any class two, class three, class four, class five, or	4830
class six suspension imposed under section 2903.06 or, 2903.08,	4831
2903.11, 2923.02, or 2929.02 of the Revised Code.	4832

(D) The judge of the court or mayor of the mayor's court	4833
shall credit any time during which an offender was subject to an	4834
administrative suspension of the offender's driver's or commercial	4835
driver's license or permit or nonresident operating privilege	4836
imposed pursuant to section 4511.191 or 4511.192 of the Revised	4837
Code or a suspension imposed by a judge, referee, or mayor	4838
pursuant to division (B)(1) or (2) of section 4511.196 of the	4839
Revised Code against the time to be served under a related	4840
suspension imposed pursuant to any section or chapter identified	4841
in division (C)(1) of this chaptersection.	4842

(E) The judge or mayor shall notify the bureau of motor	4843
vehicles of any determinations made pursuant to this section and	4844
of any suspension imposed pursuant to any section or chapter	4845
identified in division (C)(1) of this section.	4846

(F)(1) If a court issues an immobilizing or disabling device	4847
order under section 4510.43 of the Revised Code, the order shall	4848
authorize the offender during the specified period to operate a	4849
motor vehicle only if it is equipped with an immobilizing or	4850
disabling device, except as provided in division (C) of that	4851
section. The court shall provide the offender with a copy of an	4852
immobilizing or disabling device order issued under section	4853
4510.43 of the Revised Code, and the offender shall use the copy	4854
of the order in lieu of an Ohio driver's or commercial driver's	4855
license or permit until the registrar or a deputy registrar issues	4856
the offender a restricted license.	4857

An order issued under section 4510.43 of the Revised Code	4858
does not authorize or permit the offender to whom it has been	4859
issued to operate a vehicle during any time that the offender's	4860
driver's or commercial driver's license or permit is suspended	4861
under any other provision of law.	4862

(2) An offender may present an immobilizing or disabling	4863
device order to the registrar or to a deputy registrar. Upon	4864
presentation of the order to the registrar or a deputy registrar,	4865
the registrar or deputy registrar shall issue the offender a	4866
restricted license. A restricted license issued under this	4867
division shall be identical to an Ohio driver's license, except	4868
that it shall have printed on its face a statement that the	4869
offender is prohibited during the period specified in the court	4870
order from operating any motor vehicle that is not equipped with	4871
an immobilizing or disabling device. The date of commencement and	4872
the date of termination of the period of suspension shall be	4873
indicated conspicuously upon the face of the license.	4874

Sec. 4510.16.  (A) No person, whose driver's or commercial	4875
driver's license or temporary instruction permit or nonresident's	4876
operating privilege has been suspended or canceled pursuant to	4877
Chapter 4509. of the Revised Code, shall operate any motor vehicle	4878
within this state, or knowingly permit any motor vehicle owned by	4879
the person to be operated by another person in the state, during	4880
the period of the suspension or cancellation, except as	4881
specifically authorized by Chapter 4509. of the Revised Code. No	4882
person shall operate a motor vehicle within this state, or	4883
knowingly permit any motor vehicle owned by the person to be	4884
operated by another person in the state, during the period in	4885
which the person is required by section 4509.45 of the Revised	4886
Code to file and maintain proof of financial responsibility for a	4887
violation of section 4509.101 of the Revised Code, unless proof of	4888
financial responsibility is maintained with respect to that	4889
vehicle.	4890

(B)(1) Whoever violates this section is guilty of driving	4891
under financial responsibility law suspension or cancellation, a	4892
misdemeanor of the first degree. The court shall impose a class	4893
seven suspension of the offender's driver's or commercial driver's	4894
license or permit or nonresident operating privilege for the	4895
period of time specified in division (A)(7) of section 4510.02 of	4896
the Revised Code.	4897

(2) If the vehicle is registered in the offender's name and	4898
division (B)(3) of this section does not apply, the court, in	4899
addition to or independent of any other sentence that it imposes	4900
upon the offender, shall do one of the following:	4901

(a) Except as otherwise provided in division (B)(2)(b) or (c)	4902
of this section,may order the immobilization for no more than	4903
thirty days of the vehicle involved in the offense and the	4904
impoundment for no more than thirty days of the license plates of	4905
that vehicle;.	4906

(b)(3) If the vehicle is registered in the offender's name	4907
and if, within five years of the offense, the offender has been	4908
convicted of or pleaded guilty to one violation of this section or	4909
a substantially similar municipal ordinance, the court, in	4910
addition to or independent of any other sentence that it imposes	4911
on the offender, shall order the immobilization for sixty days of	4912
the vehicle involved in the offense and impoundment for sixty days	4913
of the license plates of that vehicle;.	4914

(c) If the vehicle is registered in the offender's name and	4915
if, within five years of the offense, the offender has been	4916
convicted of or pleaded guilty to two or more violations of this	4917
section or a substantially similar municipal ordinance, the court,	4918
in addition to or independent of any other sentence that it	4919
imposes upon the offender, shall order the criminal forfeiture to	4920
the state of the vehicle involved in the offense. If title to a	4921
motor vehicle that is subject to an order for criminal forfeiture	4922
under this division is assigned or transferred and division (B)(2)	4923
or (3) of section 4503.234 of the Revised Code applies, in	4924
addition to or independent of any other penalty established by	4925
law, the court may fine the offender the value of the vehicle as	4926
determined by publications of the national auto dealers	4927
association. The proceeds from any fine so imposed shall be	4928
distributed in accordance with division (C)(2) of that section.	4929

(C) Any order for immobilization and impoundment under this	4930
section shall be issued and enforced in accordance with sections	4931
4503.233 and 4507.02 of the Revised Code, as applicable. Any order	4932
of criminal forfeiture shall be issued and enforced in accordance	4933
with section 4503.234 of the Revised Code. The court shall not	4934
release a vehicle from immobilization orders under this section	4935
unless the court is presented with current proof of financial	4936
responsibility with respect to that vehicle.	4937

Sec.  4510.161.  (A) The requirements and sanctions imposed by	4938
divisions (B) and (C) of this section are an adjunct to and derive	4939
from the state's exclusive authority over the registration and	4940
titling of motor vehicles and do not comprise a part of the	4941
criminal sentence to be imposed upon a person who violates a	4942
municipal ordinance that is substantially equivalent to section	4943
4510.14 or to division (A) of section 4510.16 of the Revised Code.	4944

(B)(1) If a person is convicted of or pleads guilty to a	4945
violation of a municipal ordinance that is substantially	4946
equivalent to division (A) of section 4510.16 of the Revised Code,	4947
the court, in addition to and independent of any sentence that it	4948
imposes upon the offender for the offense, if the vehicle the	4949
offender was operating at the time of the offense is registered in	4950
the offender's name, shall do whichever of the following is	4951
applicable:	4952

(1) If, within five years of the current offense, the	4953
offender has not been convicted of or pleaded guilty to a	4954
violation of division (A) of section 4510.16 or former division	4955
(B)(1) of section 4507.02 of the Revised Code or a municipal	4956
ordinance that is substantially equivalent to either division, the	4957
court shalland if division (B)(2) of this section does not apply,	4958
the court, in addition to or independent of any sentence that it	4959
imposes upon the offender for the offense, may order the	4960
immobilization for not more than thirty days of the vehicle the	4961
offender was operating at the time of the offense and the	4962
impoundment for not more than thirty days of the identification	4963
license plates of that vehicle.	4964

(2) If a person is convicted of or pleads guilty to a	4965
violation of a municipal ordinance that is substantially	4966
equivalent to division (A) of section 4510.16 of the Revised Code	4967
and if, within five years of the current offense, the offender has	4968
been convicted of or pleaded guilty to one violationor more	4969
violations of division (A) of section 4510.16 or former division	4970
(B)(1) of section 4507.02 of the Revised Code or a municipal	4971
ordinance that is substantially equivalent to either division, the	4972
court, in addition to or independent of any sentence that it	4973
imposes upon the offender for the offense, shall do whichever of	4974
the following is applicable:	4975

(a) If, within five years of the current offense, the	4976
offender has been convicted of or pleaded guilty to one such	4977
violation, the court shall order the immobilization for sixty	4978
days of the vehicle the offender was operating at the time of the	4979
offense and the impoundment for sixty days of the identification	4980
license plates of that vehicle.	4981

(3)(b) If, within five years of the current offense, the	4982
offender has been convicted of or pleaded guilty to two or more	4983
such violations of division (A) of section 4510.16 or former	4984
division (B)(1) of section 4507.02 of the Revised Code or a	4985
municipal ordinance that is substantially equivalent to either	4986
division, the court shall order the criminal forfeiture to the	4987
state of the vehicle the offender was operating at the time of the	4988
offense. The order of criminal forfeiture shall be issued and	4989
enforced in accordance with section 4503.234 of the Revised Code.	4990

(C) If a person is convicted of or pleads guilty to a	4991
violation of a municipal ordinance that is substantially	4992
equivalent to section 4510.14 of the Revised Code, the court, in	4993
addition to and independent of any sentence that it imposes upon	4994
the offender for the offense, if the vehicle the offender was	4995
operating at the time of the offense is registered in the	4996
offender's name, shall do whichever of the following is	4997
applicable:	4998

(1) If, within five years of the current offense, the	4999
offender has not been convicted of or pleaded guilty to a	5000
violation of section 4510.14 or former division (D)(2) of section	5001
4507.02 of the Revised Code or a municipal ordinance that is	5002
substantially equivalent to that section or former division, the	5003
court shall order the immobilization for thirty days of the	5004
vehicle the offender was operating at the time of the offense and	5005
the impoundment for thirty days of the identification license	5006
plates of that vehicle.	5007

(2) If, within five years of the current offense, the	5008
offender has been convicted of or pleaded guilty to one violation	5009
of section 4510.14 or former division (D)(2) of section 4507.02 of	5010
the Revised Code or a municipal ordinance that is substantially	5011
equivalent to that section or former division, the court shall	5012
order the immobilization for sixty days of the vehicle the	5013
offender was operating at the time of the offense and the	5014
impoundment for sixty days of the identification license plates of	5015
that vehicle.	5016

(3) If, within five years of the current offense, the	5017
offender has been convicted of or pleaded guilty to two or more	5018
violations of section 4510.14 or former division (D)(2) of section	5019
4507.02 of the Revised Code or a municipal ordinance that is	5020
substantially equivalent to that section or former division, the	5021
court shall order the criminal forfeiture to the state of the	5022
vehicle the offender was operating at the time of the offense.	5023

(D) An order of criminal forfeiture issued pursuant to this	5024
section shall be issued and enforced in accordance with section	5025
4503.234 of the Revised Code. An order for the immobilization and	5026
impoundment of a vehicle that issued pursuant to this section	5027
shall be issued and enforced in accordance with section 4503.233	5028
of the Revised Code.	5029

Sec. 4510.18. (A) No person whose driver's or commercial	5030
driver's license or permit or nonresident operating privilege has	5031
been suspended for life under a class one suspension imposed under	5032
division (B)(3) of section 2903.06 or section 2903.08 of the	5033
Revised Code shall operate any motor vehicle upon the public roads	5034
or highways within this state during the remaining life of the	5035
person.	5036

(B) Whoever violates this section is guilty of driving under	5037
specified lifetime suspension, a felony of the third degree.	5038

Sec.  4510.41.  (A) As used in this section:

5039

(1) "Arrested person" means a person who is arrested for a	5040
violation of section 4510.14, 4510.16, or 4511.203 of the Revised	5041
Code, or a municipal ordinance that is substantially equivalent to	5042
any of those sections, and whose arrest results in a vehicle being	5043
seized under division (B) of this section.	5044

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

5045

(a) The person in whose name is registered, at the time of	5046
the seizure, a vehicle that is seized under division (B) of this	5047
section;	5048

(b) A person to whom the certificate of title to a vehicle	5049
that is seized under division (B) of this section has been	5050
assigned and who has not obtained a certificate of title to the	5051
vehicle in that person's name, but who is deemed by the court as	5052
being the owner of the vehicle at the time the vehicle was seized	5053
under division (B) of this section.	5054

(3) "Interested party" includes the owner of a vehicle seized	5055
under this section, all lienholders, the arrested person, the	5056
owner of the place of storage at which a vehicle seized under this	5057
section is stored, and the person or entity that caused the	5058
vehicle to be removed.	5059

(B)(1) If a person is arrested for a violation of section	5060
4510.14, 4510.16, or 4511.203 of the Revised Code, or a municipal	5061
ordinance that is substantially equivalent to anyeither of those	5062
sections or if a person is arrested for a violation of section	5063
4510.16 of the Revised Code or a municipal ordinance that is	5064
substantially equivalent to that section and if division (B)(3) of	5065
section 4510.16 or division (B)(2) of section 4510.161 of the	5066
Revised Code applies, the arresting officer or another officer of	5067
the law enforcement agency that employs the arresting officer, in	5068
addition to any action that the arresting officer is required or	5069
authorized to take by any other provision of law, shall seize the	5070
vehicle that the person was operating at the time of, or that was	5071
involved in, the alleged offense if the vehicle is registered in	5072
the arrested person's name and its license plates. A law	5073
enforcement agency that employs a law enforcement officer who	5074
makes an arrest of a type that is described in this division and	5075
that involves a rented or leased vehicle that is being rented or	5076
leased for a period of thirty days or less shall notify, within	5077
twenty-four hours after the officer makes the arrest, the lessor	5078
or owner of the vehicle regarding the circumstances of the arrest	5079
and the location at which the vehicle may be picked up. At the	5080
time of the seizure of the vehicle, the law enforcement officer	5081
who made the arrest shall give the arrested person written notice	5082
that the vehicle and its license plates have been seized; that the	5083
vehicle either will be kept by the officer's law enforcement	5084
agency or will be immobilized at least until the person's initial	5085
appearance on the charge of the offense for which the arrest was	5086
made; that, at the initial appearance, the court in certain	5087
circumstances may order that the vehicle and license plates be	5088
released to the arrested person until the disposition of that	5089
charge; that, if the arrested person is convicted of that charge,	5090
the court generally must order the immobilization of the vehicle	5091
and the impoundment of its license plates or the forfeiture of the	5092
vehicle; and that the arrested person may be charged expenses or	5093
charges incurred under this section and section 4503.233 of the	5094
Revised Code for the removal and storage of the vehicle.	5095

(2) The arresting officer or a law enforcement officer of the	5096
agency that employs the arresting officer shall give written	5097
notice of the seizure under division (B)(1) of this section to the	5098
court that will conduct the initial appearance of the arrested	5099
person on the charges arising out of the arrest. Upon receipt of	5100
the notice, the court promptly shall determine whether the	5101
arrested person is the vehicle owner. If the court determines that	5102
the arrested person is not the vehicle owner, it promptly shall	5103
send by regular mail written notice of the seizure to the	5104
vehicle's registered owner. The written notice shall contain all	5105
of the information required by division (B)(1) of this section to	5106
be in a notice to be given to the arrested person and also shall	5107
specify the date, time, and place of the arrested person's initial	5108
appearance. The notice also shall inform the vehicle owner that if	5109
title to a motor vehicle that is subject to an order for criminal	5110
forfeiture under this section is assigned or transferred and	5111
division (B)(2) or (3) of section 4503.234 of the Revised Code	5112
applies, the court may fine the arrested person the value of the	5113
vehicle. The notice also shall state that if the vehicle is	5114
immobilized under division (A) of section 4503.233 of the Revised	5115
Code, seven days after the end of the period of immobilization a	5116
law enforcement agency will send the vehicle owner a notice,	5117
informing the owner that if the release of the vehicle is not	5118
obtained in accordance with division (D)(3) of section 4503.233 of	5119
the Revised Code, the vehicle shall be forfeited. The notice also	5120
shall inform the vehicle owner that the owner may be charged	5121
expenses or charges incurred under this section and section	5122
4503.233 of the Revised Code for the removal and storage of the	5123
vehicle.	5124

The written notice that is given to the arrested person also	5125
shall state that if the person is convicted of or pleads guilty to	5126
the offense and the court issues an immobilization and impoundment	5127
order relative to that vehicle, division (D)(4) of section	5128
4503.233 of the Revised Code prohibits the vehicle from being sold	5129
during the period of immobilization without the prior approval of	5130
the court.	5131

(3) At or before the initial appearance, the vehicle owner	5132
may file a motion requesting the court to order that the vehicle	5133
and its license plates be released to the vehicle owner. Except as	5134
provided in this division and subject to the payment of expenses	5135
or charges incurred in the removal and storage of the vehicle, the	5136
court, in its discretion, then may issue an order releasing the	5137
vehicle and its license plates to the vehicle owner. Such an order	5138
may be conditioned upon such terms as the court determines	5139
appropriate, including the posting of a bond in an amount	5140
determined by the court. If the arrested person is not the vehicle	5141
owner and if the vehicle owner is not present at the arrested	5142
person's initial appearance, and if the court believes that the	5143
vehicle owner was not provided with adequate notice of the initial	5144
appearance, the court, in its discretion, may allow the vehicle	5145
owner to file a motion within seven days of the initial	5146
appearance. If the court allows the vehicle owner to file such a	5147
motion after the initial appearance, the extension of time granted	5148
by the court does not extend the time within which the initial	5149
appearance is to be conducted. If the court issues an order for	5150
the release of the vehicle and its license plates, a copy of the	5151
order shall be made available to the vehicle owner. If the vehicle	5152
owner presents a copy of the order to the law enforcement agency	5153
that employs the law enforcement officer who arrested the arrested	5154
person, the law enforcement agency promptly shall release the	5155
vehicle and its license plates to the vehicle owner upon payment	5156
by the vehicle owner of any expenses or charges incurred in the	5157
removal or storage of the vehicle.	5158

(4) A vehicle seized under division (B)(1) of this section	5159
either shall be towed to a place specified by the law enforcement	5160
agency that employs the arresting officer to be safely kept by the	5161
agency at that place for the time and in the manner specified in	5162
this section or shall be otherwise immobilized for the time and in	5163
the manner specified in this section. A law enforcement officer of	5164
that agency shall remove the identification license plates of the	5165
vehicle, and they shall be safely kept by the agency for the time	5166
and in the manner specified in this section. No vehicle that is	5167
seized and either towed or immobilized pursuant to this division	5168
shall be considered contraband for purposes of section 2933.41,	5169
2933.42, or 2933.43 of the Revised Code. The vehicle shall not be	5170
immobilized at any place other than a commercially operated	5171
private storage lot, a place owned by a law enforcement or other	5172
government agency, or a place to which one of the following	5173
applies:	5174

(a) The place is leased by or otherwise under the control of	5175
a law enforcement or other government agency.	5176

(b) The place is owned by the arrested person, the arrested	5177
person's spouse, or a parent or child of the arrested person.	5178

(c) The place is owned by a private person or entity, and,	5179
prior to the immobilization, the private entity or person that	5180
owns the place, or the authorized agent of that private entity or	5181
person, has given express written consent for the immobilization	5182
to be carried out at that place.	5183

(d) The place is a public street or highway on which the	5184
vehicle is parked in accordance with the law.	5185

(C)(1) A vehicle seized under division (B)(1) of this section	5186
shall be safely kept at the place to which it is towed or	5187
otherwise moved by the law enforcement agency that employs the	5188
arresting officer until the initial appearance of the arrested	5189
person relative to the charge in question. The license plates of	5190
the vehicle that are removed pursuant to division (B)(1) of this	5191
section shall be safely kept by the law enforcement agency that	5192
employs the arresting officer until at least the initial	5193
appearance of the arrested person relative to the charge in	5194
question.	5195

(2)(a) At the initial appearance or not less than seven days	5196
prior to the date of final disposition, the court shall notify the	5197
arrested person that, if title to a motor vehicle that is subject	5198
to an order for criminal forfeiture under this section is assigned	5199
or transferred and division (B)(2) or (3) of section 4503.234 of	5200
the Revised Code applies, the court may fine the arrested person	5201
the value of the vehicle. If, at the initial appearance, the	5202
arrested person pleads guilty to the violation of section 4510.14,	5203
4510.16, or 4511.203 of the Revised Code, or a municipal ordinance	5204
that is substantially equivalent to any of those sections or	5205
pleads no contest to and is convicted of the violation, the	5206
following sentencing provisions apply:	5207

(i) If the person violated section 4510.14 or 4511.203 of the	5208
Revised Code or a municipal ordinance that is substantially	5209
equivalent to either of those sections, or violated section	5210
4510.16 of the Revised Code or a municipal ordinance that is	5211
substantially equivalent to that section and division (B)(3) of	5212
section 4510.16 or division (B)(2) of section 4510.161 of the	5213
Revised Code applies, the court shall impose sentence upon the	5214
person as provided by law or ordinance; the court shall order the	5215
immobilization of the vehicle the arrested person was operating at	5216
the time of, or that was involved in, the offense if registered in	5217
the arrested person's name and the impoundment of its license	5218
plates under section 4503.233 and section 4510.14, 4510.16,	5219
4510.161, or 4511.203 of the Revised Code or the criminal	5220
forfeiture to the state of the vehicle if registered in the	5221
arrested person's name under section 4503.234 and section 4510.14,	5222
4510.16, 4510.161, or 4511.203 of the Revised Code, whichever is	5223
applicable; and the vehicle and its license plates shall not be	5224
returned or released to the arrested person.	5225

(ii) If the person violated section 4510.16 of the Revised	5226
Code or a municipal ordinance that is substantially equivalent to	5227
that section and division (B)(2) of section 4510.16 or division	5228
(B)(1) of section 4510.161 applies, the court shall impose	5229
sentence upon the person as provided by law or ordinance and may	5230
order the immobilization of the vehicle the person was operating	5231
at the time of, or that was involved in, the offense if it is	5232
registered in the arrested person's name and the impoundment of	5233
its license plates under section 4503.233 and section 4510.16 or	5234
4510.161 of the Revised Code, and the vehicle and its license	5235
plates shall not be returned or released to the arrested person.	5236

(b) If, at any time, the charge that the arrested person	5237
violated section 4510.14, 4510.16, or 4511.203 of the Revised	5238
Code, or a municipal ordinance that is substantially equivalent to	5239
any of those sections is dismissed for any reason, the court shall	5240
order that the vehicle seized at the time of the arrest and its	5241
license plates immediately be released to the person.	5242

(D) If a vehicle and its license plates are seized under	5243
division (B)(1) of this section and are not returned or released	5244
to the arrested person pursuant to division (C) of this section,	5245
the vehicle and its license plates shall be retained until the	5246
final disposition of the charge in question. Upon the final	5247
disposition of that charge, the court shall do whichever of the	5248
following is applicable:	5249

(1) If the arrested person is convicted of or pleads guilty	5250
to the violation of section 4510.14, 4510.16, or 4511.203 of the	5251
Revised Code, or a municipal ordinance that is substantially	5252
equivalent to anyeither of those sections, or to the violation of	5253
section 4510.16 of the Revised Code or a municipal ordinance that	5254
is substantially equivalent to that section and division (B)(3) of	5255
section 4510.16 or division (B)(2) of section 4510.161 of the	5256
Revised Code applies, the court shall impose sentence upon the	5257
person as provided by law or ordinance and shall order the	5258
immobilization of the vehicle the person was operating at the time	5259
of, or that was involved in, the offense if it is registered in	5260
the arrested person's name and the impoundment of its license	5261
plates under section 4503.233 and section 4510.14, 4510.16,	5262
4510.161, or 4511.203 of the Revised Code or the criminal	5263
forfeiture of the vehicle if it is registered in the arrested	5264
person's name under section 4503.234 and section 4510.14, 4510.16,	5265
4510.161, or 4511.203 of the Revised Code, whichever is	5266
applicable.	5267

(2) If the person violated section 4510.16 of the Revised	5268
Code or a municipal ordinance that is substantially equivalent to	5269
that section and division (B)(2) of section 4510.16 or division	5270
(B)(1) of section 4510.161 applies, the court shall impose	5271
sentence upon the person as provided by law or ordinance and may	5272
order the immobilization of the vehicle the person was operating	5273
at the time of, or that was involved in, the offense if it is	5274
registered in the person's name and the impoundment of its license	5275
plates under section 4503.233 and section 4510.16 or 4510.161 of	5276
the Revised Code.	5277

(3) If the arrested person is found not guilty of the	5278
violation of section 4510.14, 4510.16, or 4511.203 of the Revised	5279
Code, or a municipal ordinance that is substantially equivalent to	5280
any of those sections, the court shall order that the vehicle and	5281
its license plates immediately be released to the arrested person.	5282

(3)(4) If the charge that the arrested person violated	5283
section 4510.14, 4510.16, or 4511.203 of the Revised Code, or a	5284
municipal ordinance that is substantially equivalent to any of	5285
those sections is dismissed for any reason, the court shall order	5286
that the vehicle and its license plates immediately be released to	5287
the arrested person.	5288

(4)(5) If the impoundment of the vehicle was not authorized	5289
under this section, the court shall order that the vehicle and its	5290
license plates be returned immediately to the arrested person or,	5291
if the arrested person is not the vehicle owner, to the vehicle	5292
owner and shall order that the state or political subdivision of	5293
the law enforcement agency served by the law enforcement officer	5294
who seized the vehicle pay all expenses and charges incurred in	5295
its removal and storage.	5296

(E) If a vehicle is seized under division (B)(2) of this	5297
section, the time between the seizure of the vehicle and either	5298
its release to the arrested person pursuant to division (C) of	5299
this section or the issuance of an order of immobilization of the	5300
vehicle under section 4503.233 of the Revised Code shall be	5301
credited against the period of immobilization ordered by the	5302
court.	5303

(F)(1) Except as provided in division (D)(4) of this section,	5304
the arrested person may be charged expenses or charges incurred in	5305
the removal and storage of the immobilized vehicle. The court with	5306
jurisdiction over the case, after notice to all interested	5307
parties, including lienholders, and after an opportunity for them	5308
to be heard, if the court finds that the arrested person does not	5309
intend to seek release of the vehicle at the end of the period of	5310
immobilization under section 4503.233 of the Revised Code or that	5311
the arrested person is not or will not be able to pay the expenses	5312
and charges incurred in its removal and storage, may order that	5313
title to the vehicle be transferred, in order of priority, first	5314
into the name of the person or entity that removed it, next into	5315
the name of a lienholder, or lastly into the name of the owner of	5316
the place of storage.	5317

Any lienholder that receives title under a court order shall	5318
do so on the condition that it pay any expenses or charges	5319
incurred in the vehicle's removal and storage. If the person or	5320
entity that receives title to the vehicle is the person or entity	5321
that removed it, the person or entity shall receive title on the	5322
condition that it pay any lien on the vehicle. The court shall not	5323
order that title be transferred to any person or entity other than	5324
the owner of the place of storage if the person or entity refuses	5325
to receive the title. Any person or entity that receives title	5326
either may keep title to the vehicle or may dispose of the vehicle	5327
in any legal manner that it considers appropriate, including	5328
assignment of the certificate of title to the motor vehicle to a	5329
salvage dealer or a scrap metal processing facility. The person or	5330
entity shall not transfer the vehicle to the person who is the	5331
vehicle's immediate previous owner.	5332

If the person or entity that receives title assigns the motor	5333
vehicle to a salvage dealer or scrap metal processing facility,	5334
the person or entity shall send the assigned certificate of title	5335
to the motor vehicle to the clerk of the court of common pleas of	5336
the county in which the salvage dealer or scrap metal processing	5337
facility is located. The person or entity shall mark the face of	5338
the certificate of title with the words "FOR DESTRUCTION" and	5339
shall deliver a photocopy of the certificate of title to the	5340
salvage dealer or scrap metal processing facility for its records.	5341

(2) Whenever a court issues an order under division (F)(1) of	5342
this section, the court also shall order removal of the license	5343
plates from the vehicle and cause them to be sent to the registrar	5344
if they have not already been sent to the registrar. Thereafter,	5345
no further proceedings shall take place under this section or	5346
under section 4503.233 of the Revised Code.	5347

(3) Prior to initiating a proceeding under division (F)(1) of	5348
this section, and upon payment of the fee under division (B) of	5349
section 4505.14, any interested party may cause a search to be	5350
made of the public records of the bureau of motor vehicles or the	5351
clerk of the court of common pleas, to ascertain the identity of	5352
any lienholder of the vehicle. The initiating party shall furnish	5353
this information to the clerk of the court with jurisdiction over	5354
the case, and the clerk shall provide notice to the arrested	5355
person, any lienholder, and any other interested parties listed by	5356
the initiating party, at the last known address supplied by the	5357
initiating party, by certified mail, or, at the option of the	5358
initiating party, by personal service or ordinary mail.	5359

Sec. 4510.54.  (A) AExcept as provided in division (F) of	5360
this section, a person whose driver's or commercial driver's	5361
license has been suspended for life under a class one suspension	5362
or as otherwise provided by law or has been suspended for a period	5363
in excess of fifteen years under a class two suspension may file a	5364
motion with the sentencing court for modification or termination	5365
of the suspension. The person filing the motion shall demonstrate	5366
all of the following:	5367

(1) At least fifteen years have elapsed since the suspension	5368
began.	5369

(2) For the past fifteen years, the person has not been found	5370
guilty of any felony, any offense involving a moving violation	5371
under federal law, the law of this state, or the law of any of its	5372
political subdivisions, or any violation of a suspension under	5373
this chapter or a substantially equivalent municipal ordinance.	5374

(3) The person has proof of financial responsibility, a	5375
policy of liability insurance in effect that meets the minimum	5376
standard set forth in section 4509.51 of the Revised Code, or	5377
proof, to the satisfaction of the registrar of motor vehicles,	5378
that the person is able to respond in damages in an amount at	5379
least equal to the minimum amounts specified in that section.	5380

(4) If the suspension was imposed because the person was	5381
under the influence of alcohol, a drug of abuse, or combination of	5382
them at the time of the offense or because at the time of the	5383
offense the person's whole blood, blood serum or plasma, breath,	5384
or urine contained at least the concentration of alcohol specified	5385
in division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	5386
Revised Code or at least the concentration of a listed controlled	5387
substance or a listed metabolite of a controlled substance	5388
specified in division (A)(1)(j) of section 4511.19 of the Revised	5389
Code, the person also shall demonstrate all of the following:	5390

(a) The person successfully completed an alcohol, drug, or	5391
alcohol and drug treatment program.	5392

(b) The person has not abused alcohol or other drugs for a	5393
period satisfactory to the court.	5394

(c) For the past fifteen years, the person has not been found	5395
guilty of any alcohol-related or drug-related offense.	5396

(B) Upon receipt of a motion for modification or termination	5397
of the suspension under this section, the court may schedule a	5398
hearing on the motion. The court may deny the motion without a	5399
hearing but shall not grant the motion without a hearing. If the	5400
court denies a motion without a hearing, the court may consider a	5401
subsequent motion filed under this section by that person. If a	5402
court denies the motion after a hearing, the court shall not	5403
consider a subsequent motion for that person. The court shall hear	5404
only one motion filed by a person under this section. If	5405
scheduled, the hearing shall be conducted in open court within	5406
ninety days after the date on which the motion is filed.	5407

(C) The court shall notify the person whose license was	5408
suspended and the prosecuting attorney of the date, time, and	5409
location of the hearing. Upon receipt of the notice from the	5410
court, the prosecuting attorney shall notify the victim or the	5411
victim's representative of the date, time, and location of the	5412
hearing.	5413

(D) At any hearing under this section, the person who seeks	5414
modification or termination of the suspension has the burden to	5415
demonstrate, under oath, that the person meets the requirements of	5416
division (A) of this section. At the hearing, the court shall	5417
afford the offender or the offender's counsel an opportunity to	5418
present oral or written information relevant to the motion. The	5419
court shall afford a similar opportunity to provide relevant	5420
information to the prosecuting attorney and the victim or victim's	5421
representative.	5422

Before ruling on the motion, the court shall take into	5423
account the person's driving record, the nature of the offense	5424
that led to the suspension, and the impact of the offense on any	5425
victim. In addition, if the offender is eligible for modification	5426
or termination of the suspension under division (A)(2) of this	5427
section, the court shall consider whether the person committed any	5428
other offense while under suspension and determine whether the	5429
offense is relevant to a determination under this section. The	5430
court may modify or terminate the suspension subject to any	5431
considerations it considers proper if it finds that allowing the	5432
person to drive is not likely to present a danger to the public.	5433
After the court makes a ruling on a motion filed under this	5434
section, the prosecuting attorney shall notify the victim or the	5435
victim's representative of the court's ruling.	5436

(E) If a court modifies a person's license suspension under	5437
this section and the person subsequently is found guilty of any	5438
moving violation or of any substantially equivalent municipal	5439
ordinance that carries as a possible penalty the suspension of a	5440
person's driver's or commercial driver's license, the court may	5441
reimpose the class one or other lifetime suspension, or the class	5442
two suspension, whichever is applicable.	5443

(F) This section does not apply to any person whose driver's	5444
or commercial driver's license or permit or nonresident operating	5445
privilege has been suspended for life under a class one suspension	5446
imposed under division (B)(3) of section 2903.06 or section	5447
2903.08 of the Revised Code or a class two suspension imposed	5448
under division (C) of section 2903.06 or section 2903.11, 2923.02,	5449
or 2929.02 of the Revised Code.	5450

Sec. 4511.19.  (A)(1) No person shall operate any vehicle,	5451
streetcar, or trackless trolley within this state, if, at the time	5452
of the operation, any of the following apply:	5453

(a) The person is under the influence of alcohol, a drug of	5454
abuse, or a combination of them.	5455

(b) The person has a concentration of eight-hundredths of one	5456
per cent or more but less than seventeen-hundredths of one per	5457
cent by weight per unit volume of alcohol in the person's whole	5458
blood.	5459

(c) The person has a concentration of ninety-six-thousandths	5460
of one per cent or more but less than two hundred four-thousandths	5461
of one per cent by weight per unit volume of alcohol in the	5462
person's blood serum or plasma.	5463

(d) The person has a concentration of eight-hundredths of one	5464
gram or more but less than seventeen-hundredths of one gram by	5465
weight of alcohol per two hundred ten liters of the person's	5466
breath.	5467

(e) The person has a concentration of eleven-hundredths of	5468
one gram or more but less than two hundred	5469
thirty-eight-thousandths of one gram by weight of alcohol per one	5470
hundred milliliters of the person's urine.	5471

(f) The person has a concentration of seventeen-hundredths of	5472
one per cent or more by weight per unit volume of alcohol in the	5473
person's whole blood.	5474

(g) The person has a concentration of two hundred	5475
four-thousandths of one per cent or more by weight per unit volume	5476
of alcohol in the person's blood serum or plasma.	5477

(h) The person has a concentration of seventeen-hundredths of	5478
one gram or more by weight of alcohol per two hundred ten liters	5479
of the person's breath.	5480

(i) The person has a concentration of two hundred	5481
thirty-eight-thousandths of one gram or more by weight of alcohol	5482
per one hundred milliliters of the person's urine.	5483

(j) Except as provided in division (K) of this section, the	5484
person has a concentration of any of the following controlled	5485
substances or metabolites of a controlled substance in the	5486
person's whole blood, blood serum or plasma, or urine that equals	5487
or exceeds any of the following:	5488

(i) The person has a concentration of amphetamine in the	5489
person's urine of at least five hundred nanograms of amphetamine	5490
per milliliter of the person's urine or has a concentration of	5491
amphetamine in the person's whole blood or blood serum or plasma	5492
of at least one hundred nanograms of amphetamine per milliliter of	5493
the person's whole blood or blood serum or plasma.	5494

(ii) The person has a concentration of cocaine in the	5495
person's urine of at least one hundred fifty nanograms of cocaine	5496
per milliliter of the person's urine or has a concentration of	5497
cocaine in the person's whole blood or blood serum or plasma of at	5498
least fifty nanograms of cocaine per milliliter of the person's	5499
whole blood or blood serum or plasma.	5500

(iii) The person has a concentration of cocaine metabolite in	5501
the person's urine of at least one hundred fifty nanograms of	5502
cocaine metabolite per milliliter of the person's urine or has a	5503
concentration of cocaine metabolite in the person's whole blood or	5504
blood serum or plasma of at least fifty nanograms of cocaine	5505
metabolite per milliliter of the person's whole blood or blood	5506
serum or plasma.	5507

(iv) The person has a concentration of heroin in the person's	5508
urine of at least two thousand nanograms of heroin per milliliter	5509
of the person's urine or has a concentration of heroin in the	5510
person's whole blood or blood serum or plasma of at least fifty	5511
nanograms of heroin per milliliter of the person's whole blood or	5512
blood serum or plasma.	5513

(v) The person has a concentration of heroin metabolite	5514
(6-monoacetyl morphine) in the person's urine of at least ten	5515
nanograms of heroin metabolite (6-monoacetyl morphine) per	5516
milliliter of the person's urine or has a concentration of heroin	5517
metabolite (6-monoacetyl morphine) in the person's whole blood or	5518
blood serum or plasma of at least ten nanograms of heroin	5519
metabolite (6-monoacetyl morphine) per milliliter of the person's	5520
whole blood or blood serum or plasma.	5521

(vi) The person has a concentration of L.S.D. in the person's	5522
urine of at least twenty-five nanograms of L.S.D. per milliliter	5523
of the person's urine or a concentration of L.S.D. in the person's	5524
whole blood or blood serum or plasma of at least ten nanograms of	5525
L.S.D. per milliliter of the person's whole blood or blood serum	5526
or plasma.	5527

(vii) The person has a concentration of marihuana in the	5528
person's urine of at least ten nanograms of marihuana per	5529
milliliter of the person's urine or has a concentration of	5530
marihuana in the person's whole blood or blood serum or plasma of	5531
at least two nanograms of marihuana per milliliter of the person's	5532
whole blood or blood serum or plasma.	5533

(viii) Either of the following applies:

5534

(I) The person is under the influence of alcohol, a drug of	5535
abuse, or a combination of them, and, as measured by gas	5536
chromatography mass spectrometry, the person has a concentration	5537
of marihuana metabolite in the person's urine of at least fifteen	5538
nanograms of marihuana metabolite per milliliter of the person's	5539
urine or has a concentration of marihuana metabolite in the	5540
person's whole blood or blood serum or plasma of at least five	5541
nanograms of marihuana metabolite per milliliter of the person's	5542
whole blood or blood serum or plasma.	5543

(II) As measured by gas chromatography mass spectrometry, the	5544
person has a concentration of marihuana metabolite in the person's	5545
urine of at least thirty-five nanograms of marihuana metabolite	5546
per milliliter of the person's urine or has a concentration of	5547
marihuana metabolite in the person's whole blood or blood serum or	5548
plasma of at least fifty nanograms of marihuana metabolite per	5549
milliliter of the person's whole blood or blood serum or plasma.	5550

(ix) The person has a concentration of methamphetamine in the	5551
person's urine of at least five hundred nanograms of	5552
methamphetamine per milliliter of the person's urine or has a	5553
concentration of methamphetamine in the person's whole blood or	5554
blood serum or plasma of at least one hundred nanograms of	5555
methamphetamine per milliliter of the person's whole blood or	5556
blood serum or plasma.	5557

(x) The person has a concentration of phencyclidine in the	5558
person's urine of at least twenty-five nanograms of phencyclidine	5559
per milliliter of the person's urine or has a concentration of	5560
phencyclidine in the person's whole blood or blood serum or plasma	5561
of at least ten nanograms of phencyclidine per milliliter of the	5562
person's whole blood or blood serum or plasma.	5563

(2) No person who, within twenty years of the conduct	5564
described in division (A)(2)(a) of this section, previously has	5565
been convicted of or pleaded guilty to a violation of this	5566
division, division (A)(1) or (B) of this section, or a municipal	5567
OVI offense shall do both of the following:	5568

(a) Operate any vehicle, streetcar, or trackless trolley	5569
within this state while under the influence of alcohol, a drug of	5570
abuse, or a combination of them;	5571

(b) Subsequent to being arrested for operating the vehicle,	5572
streetcar, or trackless trolley as described in division (A)(2)(a)	5573
of this section, being asked by a law enforcement officer to	5574
submit to a chemical test or tests under section 4511.191 of the	5575
Revised Code, and being advised by the officer in accordance with	5576
section 4511.192 of the Revised Code of the consequences of the	5577
person's refusal or submission to the test or tests, refuse to	5578
submit to the test or tests.	5579

(B) No person under twenty-one years of age shall operate any	5580
vehicle, streetcar, or trackless trolley within this state, if, at	5581
the time of the operation, any of the following apply:	5582

(1) The person has a concentration of at least two-hundredths	5583
of one per cent but less than eight-hundredths of one per cent by	5584
weight per unit volume of alcohol in the person's whole blood.	5585

(2) The person has a concentration of at least	5586
three-hundredths of one per cent but less than	5587
ninety-six-thousandths of one per cent by weight per unit volume	5588
of alcohol in the person's blood serum or plasma.	5589

(3) The person has a concentration of at least two-hundredths	5590
of one gram but less than eight-hundredths of one gram by weight	5591
of alcohol per two hundred ten liters of the person's breath.	5592

(4) The person has a concentration of at least twenty-eight	5593
one-thousandths of one gram but less than eleven-hundredths of one	5594
gram by weight of alcohol per one hundred milliliters of the	5595
person's urine.	5596

(C) In any proceeding arising out of one incident, a person	5597
may be charged with a violation of division (A)(1)(a) or (A)(2)	5598
and a violation of division (B)(1), (2), or (3) of this section,	5599
but the person may not be convicted of more than one violation of	5600
these divisions.	5601

(D)(1) (a) In any criminal prosecution or juvenile court	5602
proceeding for a violation of division (A)(1)(a) of this section	5603
or for an equivalent offense, the result of any test of any blood	5604
or urine withdrawn and analyzed at any health care provider, as	5605
defined in section 2317.02 of the Revised Code, may be admitted	5606
with expert testimony to be considered with any other relevant and	5607
competent evidence in determining the guilt or innocence of the	5608
defendant.	5609

(b) In any criminal prosecution or juvenile court proceeding	5610
for a violation of division (A) or (B) of this section or for an	5611
equivalent offense, the court may admit evidence on the	5612
concentration of alcohol, drugs of abuse, controlled substances,	5613
metabolites of a controlled substance, or a combination of them in	5614
the defendant's whole blood, blood serum or plasma, breath, urine,	5615
or other bodily substance at the time of the alleged violation as	5616
shown by chemical analysis of the substance withdrawn within	5617
three hours of the time of the alleged violation. The three-hour	5618
time limit specified in this division regarding the admission of	5619
evidence does not extend or affect the two-hour time limit	5620
specified in division (A) of section 4511.192 of the Revised Code	5621
as the maximum period of time during which a person may consent to	5622
a chemical test or tests as described in that section. The court	5623
may admit evidence on the concentration of alcohol, drugs of	5624
abuse, or a combination of them as described in this division when	5625

When a person submits to a blood, breath, urine, or other	5626
bodily substance test at the request of a law enforcement officer	5627
under section 4511.191 of the Revised Code, onlyor a blood or	5628
urine sample is obtained pursuant to a search warrant. Only a	5629
physician, a registered nurse, or a qualified technician, chemist,	5630
or phlebotomist shall withdraw a blood sample for the purpose of	5631
determining the alcohol, drug, controlled substance, metabolite of	5632
a controlled substance, or combination content of the whole	5633
blood, blood serum, or blood plasma. This limitation does not	5634
apply to the taking of breath or urine specimens. A person	5635
authorized to withdraw blood under this division may refuse to	5636
withdraw blood under this division, if in that person's opinion,	5637
the physical welfare of the person would be endangered by the	5638
withdrawing of blood.	5639

The bodily substance withdrawn under division (D)(1)(b) of	5640
this section shall be analyzed in accordance with methods approved	5641
by the director of health by an individual possessing a valid	5642
permit issued by the director pursuant to section 3701.143 of the	5643
Revised Code.	5644

(2) In a criminal prosecution or juvenile court proceeding	5645
for a violation of division (A) of this section or for an	5646
equivalent offense, if there was at the time the bodily substance	5647
was withdrawn a concentration of less than the applicable	5648
concentration of alcohol specified in divisions (A)(1)(b), (c),	5649
(d), and (e) of this section or less than the applicable	5650
concentration of a listed controlled substance or a listed	5651
metabolite of a controlled substance specified for a violation of	5652
division (A)(1)(j) of this section, that fact may be considered	5653
with other competent evidence in determining the guilt or	5654
innocence of the defendant. This division does not limit or affect	5655
a criminal prosecution or juvenile court proceeding for a	5656
violation of division (B) of this section or for an equivalent	5657
offense that is substantially equivalent to that division.	5658

(3) Upon the request of the person who was tested, the	5659
results of the chemical test shall be made available to the person	5660
or the person's attorney, immediately upon the completion of the	5661
chemical test analysis.	5662

TheIf the chemical test was obtained pursuant to division	5663
(D)(1)(b) of this section, the person tested may have a physician,	5664
a registered nurse, or a qualified technician, chemist, or	5665
phlebotomist of the person's own choosing administer a chemical	5666
test or tests, at the person's expense, in addition to any	5667
administered at the request of a law enforcement officer. The form	5668
to be read to the person to be tested, as required under section	5669
4511.192 of the Revised Code, shall state that the person may have	5670
an independent test performed at the person's expense. The failure	5671
or inability to obtain an additional chemical test by a person	5672
shall not preclude the admission of evidence relating to the	5673
chemical test or tests taken at the request of a law enforcement	5674
officer.	5675

(4)(a) As used in divisions (D)(4)(b) and (c) of this	5676
section, "national highway traffic safety administration" means	5677
the national highway traffic safety administration established as	5678
an administration of the United States department of	5679
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	5680

(b) In any criminal prosecution or juvenile court proceeding	5681
for a violation of division (A) or (B) of this section, of a	5682
municipal ordinance relating to operating a vehicle while under	5683
the influence of alcohol, a drug of abuse, or alcohol and a drug	5684
of abuse, or of a municipal ordinance relating to operating a	5685
vehicle with a prohibited concentration of alcohol, a controlled	5686
substance, or a metabolite of a controlled substance in the blood,	5687
breath, or urine, if a law enforcement officer has administered a	5688
field sobriety test to the operator of the vehicle involved in the	5689
violation and if it is shown by clear and convincing evidence that	5690
the officer administered the test in substantial compliance with	5691
the testing standards for any reliable, credible, and generally	5692
accepted field sobriety tests that were in effect at the time the	5693
tests were administered, including, but not limited to, any	5694
testing standards then in effect that were set by the national	5695
highway traffic safety administration, all of the following apply:	5696

(i) The officer may testify concerning the results of the	5697
field sobriety test so administered.	5698

(ii) The prosecution may introduce the results of the field	5699
sobriety test so administered as evidence in any proceedings in	5700
the criminal prosecution or juvenile court proceeding.	5701

(iii) If testimony is presented or evidence is introduced	5702
under division (D)(4)(b)(i) or (ii) of this section and if the	5703
testimony or evidence is admissible under the Rules of Evidence,	5704
the court shall admit the testimony or evidence and the trier of	5705
fact shall give it whatever weight the trier of fact considers to	5706
be appropriate.	5707

(c) Division (D)(4)(b) of this section does not limit or	5708
preclude a court, in its determination of whether the arrest of a	5709
person was supported by probable cause or its determination of any	5710
other matter in a criminal prosecution or juvenile court	5711
proceeding of a type described in that division, from considering	5712
evidence or testimony that is not otherwise disallowed by division	5713
(D)(4)(b) of this section.	5714

(E)(1) Subject to division (E)(3) of this section, in any	5715
criminal prosecution or juvenile court proceeding for a violation	5716
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)	5717
or (B)(1), (2), (3), or (4) of this section or for an equivalent	5718
offense that is substantially equivalent to any of those	5719
divisions, a laboratory report from any laboratory personnel	5720
issued a permit by the department of health authorizing an	5721
analysis as described in this division that contains an analysis	5722
of the whole blood, blood serum or plasma, breath, urine, or other	5723
bodily substance tested and that contains all of the information	5724
specified in this division shall be admitted as prima-facie	5725
evidence of the information and statements that the report	5726
contains. The laboratory report shall contain all of the	5727
following:	5728

(a) The signature, under oath, of any person who performed	5729
the analysis;	5730

(b) Any findings as to the identity and quantity of alcohol,	5731
a drug of abuse, a controlled substance, a metabolite of a	5732
controlled substance, or a combination of them that was found;	5733

(c) A copy of a notarized statement by the laboratory	5734
director or a designee of the director that contains the name of	5735
each certified analyst or test performer involved with the report,	5736
the analyst's or test performer's employment relationship with the	5737
laboratory that issued the report, and a notation that performing	5738
an analysis of the type involved is part of the analyst's or test	5739
performer's regular duties;	5740

(d) An outline of the analyst's or test performer's	5741
education, training, and experience in performing the type of	5742
analysis involved and a certification that the laboratory	5743
satisfies appropriate quality control standards in general and, in	5744
this particular analysis, under rules of the department of health.	5745

(2) Notwithstanding any other provision of law regarding the	5746
admission of evidence, a report of the type described in division	5747
(E)(1) of this section is not admissible against the defendant to	5748
whom it pertains in any proceeding, other than a preliminary	5749
hearing or a grand jury proceeding, unless the prosecutor has	5750
served a copy of the report on the defendant's attorney or, if the	5751
defendant has no attorney, on the defendant.	5752

(3) A report of the type described in division (E)(1) of this	5753
section shall not be prima-facie evidence of the contents,	5754
identity, or amount of any substance if, within seven days after	5755
the defendant to whom the report pertains or the defendant's	5756
attorney receives a copy of the report, the defendant or the	5757
defendant's attorney demands the testimony of the person who	5758
signed the report. The judge in the case may extend the seven-day	5759
time limit in the interest of justice.	5760

(F) Except as otherwise provided in this division, any	5761
physician, registered nurse, or qualified technician, chemist, or	5762
phlebotomist who withdraws blood from a person pursuant to this	5763
section, and any hospital, first-aid station, or clinic at which	5764
blood is withdrawn from a person pursuant to this section, is	5765
immune from criminal liability and civil liability based upon a	5766
claim of assault and battery or any other claim that is not a	5767
claim of malpractice, for any act performed in withdrawing blood	5768
from the person. The immunity provided in this division is not	5769
available to a person who withdraws blood if the person engages in	5770
willful or wanton misconduct.	5771

(G)(1) Whoever violates any provision of divisions (A)(1)(a)	5772
to (i) or (A)(2) of this section is guilty of operating a vehicle	5773
under the influence of alcohol, a drug of abuse, or a combination	5774
of them. Whoever violates division (A)(1)(j) of this section is	5775
guilty of operating a vehicle while under the influence of a	5776
listed controlled substance or a listed metabolite of a controlled	5777
substance. The court shall sentence the offender for either	5778
offense under Chapter 2929. of the Revised Code, except as	5779
otherwise authorized or required by divisions (G)(1)(a) to (e) of	5780
this section:	5781

(a) Except as otherwise provided in division (G)(1)(b), (c),	5782
(d), or (e) of this section, the offender is guilty of a	5783
misdemeanor of the first degree, and the court shall sentence the	5784
offender to all of the following:	5785

(i) If the sentence is being imposed for a violation of	5786
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	5787
mandatory jail term of three consecutive days. As used in this	5788
division, three consecutive days means seventy-two consecutive	5789
hours. The court may sentence an offender to both an intervention	5790
program and a jail term. The court may impose a jail term in	5791
addition to the three-day mandatory jail term or intervention	5792
program. However, in no case shall the cumulative jail term	5793
imposed for the offense exceed six months.	5794

The court may suspend the execution of the three-day jail	5795
term under this division if the court, in lieu of that suspended	5796
term, places the offender under a community control sanction	5797
pursuant to section 2929.25 of the Revised Code and requires the	5798
offender to attend, for three consecutive days, a drivers'	5799
intervention program certified under section 3793.10 of the	5800
Revised Code. The court also may suspend the execution of any	5801
part of the three-day jail term under this division if it places	5802
the offender under a community control sanction pursuant to	5803
section 2929.25 of the Revised Code for part of the three days,	5804
requires the offender to attend for the suspended part of the term	5805
a drivers' intervention program so certified, and sentences the	5806
offender to a jail term equal to the remainder of the three	5807
consecutive days that the offender does not spend attending the	5808
program. The court may require the offender, as a condition of	5809
community control and in addition to the required attendance at a	5810
drivers' intervention program, to attend and satisfactorily	5811
complete any treatment or education programs that comply with the	5812
minimum standards adopted pursuant to Chapter 3793. of the Revised	5813
Code by the director of alcohol and drug addiction services that	5814
the operators of the drivers' intervention program determine that	5815
the offender should attend and to report periodically to the court	5816
on the offender's progress in the programs. The court also may	5817
impose on the offender any other conditions of community control	5818
that it considers necessary.	5819

(ii) If the sentence is being imposed for a violation of	5820
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	5821
section, except as otherwise provided in this division, a	5822
mandatory jail term of at least three consecutive days and a	5823
requirement that the offender attend, for three consecutive days,	5824
a drivers' intervention program that is certified pursuant to	5825
section 3793.10 of the Revised Code. As used in this division,	5826
three consecutive days means seventy-two consecutive hours. If the	5827
court determines that the offender is not conducive to treatment	5828
in a drivers' intervention program, if the offender refuses to	5829
attend a drivers' intervention program, or if the jail at which	5830
the offender is to serve the jail term imposed can provide a	5831
driver's intervention program, the court shall sentence the	5832
offender to a mandatory jail term of at least six consecutive	5833
days.	5834

The court may require the offender, under a community control	5835
sanction imposed under section 2929.25 of the Revised Code, to	5836
attend and satisfactorily complete any treatment or education	5837
programs that comply with the minimum standards adopted pursuant	5838
to Chapter 3793. of the Revised Code by the director of alcohol	5839
and drug addiction services, in addition to the required	5840
attendance at drivers' intervention program, that the operators of	5841
the drivers' intervention program determine that the offender	5842
should attend and to report periodically to the court on the	5843
offender's progress in the programs. The court also may impose any	5844
other conditions of community control on the offender that it	5845
considers necessary.	5846

(iii) In all cases, a fine of not less than two hundred fifty	5847
and not more than one thousand dollars;	5848

(iv) In all cases, a class five license suspension of the	5849
offender's driver's or commercial driver's license or permit or	5850
nonresident operating privilege from the range specified in	5851
division (A)(5) of section 4510.02 of the Revised Code. The court	5852
may grant limited driving privileges relative to the suspension	5853
under sections 4510.021 and 4510.13 of the Revised Code.	5854

(b) Except as otherwise provided in division (G)(1)(e) of	5855
this section, an offender who, within six years of the offense,	5856
previously has been convicted of or pleaded guilty to one	5857
violation of division (A) or (B) of this section or one other	5858
equivalent offense is guilty of a misdemeanor of the first degree.	5859
The court shall sentence the offender to all of the following:	5860

(i) If the sentence is being imposed for a violation of	5861
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	5862
mandatory jail term of ten consecutive days. The court shall	5863
impose the ten-day mandatory jail term under this division unless,	5864
subject to division (G)(3) of this section, it instead imposes a	5865
sentence under that division consisting of both a jail term and a	5866
term of house arrest with electronic monitoring, with continuous	5867
alcohol monitoring, or with both electronic monitoring and	5868
continuous alcohol monitoring. The court may impose a jail term in	5869
addition to the ten-day mandatory jail term. The cumulative jail	5870
term imposed for the offense shall not exceed six months.	5871

In addition to the jail term or the term of house arrest with	5872
electronic monitoring or continuous alcohol monitoring or both	5873
types of monitoring and jail term, the court may require the	5874
offender to attend a drivers' intervention program that is	5875
certified pursuant to section 3793.10 of the Revised Code. If the	5876
operator of the program determines that the offender is alcohol	5877
dependent, the program shall notify the court, and, subject to	5878
division (I) of this section, the court shall order the offender	5879
to obtain treatment through an alcohol and drug addiction program	5880
authorized by section 3793.02 of the Revised Code.	5881

(ii) If the sentence is being imposed for a violation of	5882
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	5883
section, except as otherwise provided in this division, a	5884
mandatory jail term of twenty consecutive days. The court shall	5885
impose the twenty-day mandatory jail term under this division	5886
unless, subject to division (G)(3) of this section, it instead	5887
imposes a sentence under that division consisting of both a jail	5888
term and a term of house arrest with electronic monitoring, with	5889
continuous alcohol monitoring, or with both electronic monitoring	5890
and continuous alcohol monitoring. The court may impose a jail	5891
term in addition to the twenty-day mandatory jail term. The	5892
cumulative jail term imposed for the offense shall not exceed six	5893
months.	5894

In addition to the jail term or the term of house arrest with	5895
electronic monitoring or continuous alcohol monitoring or both	5896
types of monitoring and jail term, the court may require the	5897
offender to attend a driver's intervention program that is	5898
certified pursuant to section 3793.10 of the Revised Code. If the	5899
operator of the program determines that the offender is alcohol	5900
dependent, the program shall notify the court, and, subject to	5901
division (I) of this section, the court shall order the offender	5902
to obtain treatment through an alcohol and drug addiction program	5903
authorized by section 3793.02 of the Revised Code.	5904

(iii) In all cases, notwithstanding the fines set forth in	5905
Chapter 2929. of the Revised Code, a fine of not less than three	5906
hundred fifty and not more than one thousand five hundred dollars;	5907

(iv) In all cases, a class four license suspension of the	5908
offender's driver's license, commercial driver's license,	5909
temporary instruction permit, probationary license, or nonresident	5910
operating privilege from the range specified in division (A)(4) of	5911
section 4510.02 of the Revised Code. The court may grant limited	5912
driving privileges relative to the suspension under sections	5913
4510.021 and 4510.13 of the Revised Code.	5914

(v) In all cases, if the vehicle is registered in the	5915
offender's name, immobilization of the vehicle involved in the	5916
offense for ninety days in accordance with section 4503.233 of the	5917
Revised Code and impoundment of the license plates of that vehicle	5918
for ninety days.	5919

(c) Except as otherwise provided in division (G)(1)(e) of	5920
this section, an offender who, within six years of the offense,	5921
previously has been convicted of or pleaded guilty to two	5922
violations of division (A) or (B) of this section or other	5923
equivalent offenses is guilty of a misdemeanor. The court shall	5924
sentence the offender to all of the following:	5925

(i) If the sentence is being imposed for a violation of	5926
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	5927
mandatory jail term of thirty consecutive days. The court shall	5928
impose the thirty-day mandatory jail term under this division	5929
unless, subject to division (G)(3) of this section, it instead	5930
imposes a sentence under that division consisting of both a jail	5931
term and a term of house arrest with electronic monitoring, with	5932
continuous alcohol monitoring, or with both electronic monitoring	5933
and continuous alcohol monitoring. The court may impose a jail	5934
term in addition to the thirty-day mandatory jail term.	5935
Notwithstanding the jail terms set forth in sections 2929.21 to	5936
2929.28 of the Revised Code, the additional jail term shall not	5937
exceed one year, and the cumulative jail term imposed for the	5938
offense shall not exceed one year.	5939

(ii) If the sentence is being imposed for a violation of	5940
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	5941
section, a mandatory jail term of sixty consecutive days. The	5942
court shall impose the sixty-day mandatory jail term under this	5943
division unless, subject to division (G)(3) of this section, it	5944
instead imposes a sentence under that division consisting of both	5945
a jail term and a term of house arrest with electronic monitoring,	5946
with continuous alcohol monitoring, or with both electronic	5947
monitoring and continuous alcohol monitoring. The court may impose	5948
a jail term in addition to the sixty-day mandatory jail term.	5949
Notwithstanding the jail terms set forth in sections 2929.21 to	5950
2929.28 of the Revised Code, the additional jail term shall not	5951
exceed one year, and the cumulative jail term imposed for the	5952
offense shall not exceed one year.	5953

(iii) In all cases, notwithstanding the fines set forth in	5954
Chapter 2929. of the Revised Code, a fine of not less than five	5955
hundred fifty and not more than two thousand five hundred dollars;	5956

(iv) In all cases, a class three license suspension of the	5957
offender's driver's license, commercial driver's license,	5958
temporary instruction permit, probationary license, or nonresident	5959
operating privilege from the range specified in division (A)(3) of	5960
section 4510.02 of the Revised Code. The court may grant limited	5961
driving privileges relative to the suspension under sections	5962
4510.021 and 4510.13 of the Revised Code.	5963

(v) In all cases, if the vehicle is registered in the	5964
offender's name, criminal forfeiture of the vehicle involved in	5965
the offense in accordance with section 4503.234 of the Revised	5966
Code. Division (G)(6) of this section applies regarding any	5967
vehicle that is subject to an order of criminal forfeiture under	5968
this division.	5969

(vi) In all cases, participation in an alcohol and drug	5970
addiction program authorized by section 3793.02 of the Revised	5971
Code, subject to division (I) of this section.	5972

(d) Except as otherwise provided in division (G)(1)(e) of	5973
this section, an offender who, within six years of the offense,	5974
previously has been convicted of or pleaded guilty to three or	5975
four violations of division (A) or (B) of this section or other	5976
equivalent offenses or an offender who, within twenty years of the	5977
offense, previously has been convicted of or pleaded guilty to	5978
five or more violations of that nature is guilty of a felony of	5979
the fourth degree. The court shall sentence the offender to all of	5980
the following:	5981

(i) If the sentence is being imposed for a violation of	5982
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	5983
mandatory prison term of one, two, three, four, or five years as	5984
required by and in accordance with division (G)(2) of section	5985
2929.13 of the Revised Code if the offender also is convicted of	5986
or also pleads guilty to a specification of the type described in	5987
section 2941.1413 of the Revised Code or, in the discretion of the	5988
court, either a mandatory term of local incarceration of sixty	5989
consecutive days in accordance with division (G)(1) of section	5990
2929.13 of the Revised Code or a mandatory prison term of sixty	5991
consecutive days in accordance with division (G)(2) of that	5992
section if the offender is not convicted of and does not plead	5993
guilty to a specification of that type. If the court imposes a	5994
mandatory term of local incarceration, it may impose a jail term	5995
in addition to the sixty-day mandatory term, the cumulative total	5996
of the mandatory term and the jail term for the offense shall not	5997
exceed one year, and, except as provided in division (A)(1) of	5998
section 2929.13 of the Revised Code, no prison term is authorized	5999
for the offense. If the court imposes a mandatory prison term,	6000
notwithstanding division (A)(4) of section 2929.14 of the Revised	6001
Code, it also may sentence the offender to a definite prison term	6002
that shall be not less than six months and not more than thirty	6003
months and the prison terms shall be imposed as described in	6004
division (G)(2) of section 2929.13 of the Revised Code. If the	6005
court imposes a mandatory prison term or mandatory prison term and	6006
additional prison term, in addition to the term or terms so	6007
imposed, the court also may sentence the offender to a community	6008
control sanction for the offense, but the offender shall serve all	6009
of the prison terms so imposed prior to serving the community	6010
control sanction.	6011

(ii) If the sentence is being imposed for a violation of	6012
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	6013
section, a mandatory prison term of one, two, three, four, or five	6014
years as required by and in accordance with division (G)(2) of	6015
section 2929.13 of the Revised Code if the offender also is	6016
convicted of or also pleads guilty to a specification of the type	6017
described in section 2941.1413 of the Revised Code or, in the	6018
discretion of the court, either a mandatory term of local	6019
incarceration of one hundred twenty consecutive days in accordance	6020
with division (G)(1) of section 2929.13 of the Revised Code or a	6021
mandatory prison term of one hundred twenty consecutive days in	6022
accordance with division (G)(2) of that section if the offender is	6023
not convicted of and does not plead guilty to a specification of	6024
that type. If the court imposes a mandatory term of local	6025
incarceration, it may impose a jail term in addition to the one	6026
hundred twenty-day mandatory term, the cumulative total of the	6027
mandatory term and the jail term for the offense shall not exceed	6028
one year, and, except as provided in division (A)(1) of section	6029
2929.13 of the Revised Code, no prison term is authorized for the	6030
offense. If the court imposes a mandatory prison term,	6031
notwithstanding division (A)(4) of section 2929.14 of the Revised	6032
Code, it also may sentence the offender to a definite prison term	6033
that shall be not less than six months and not more than thirty	6034
months and the prison terms shall be imposed as described in	6035
division (G)(2) of section 2929.13 of the Revised Code. If the	6036
court imposes a mandatory prison term or mandatory prison term and	6037
additional prison term, in addition to the term or terms so	6038
imposed, the court also may sentence the offender to a community	6039
control sanction for the offense, but the offender shall serve all	6040
of the prison terms so imposed prior to serving the community	6041
control sanction.	6042

(iii) In all cases, notwithstanding section 2929.18 of the	6043
Revised Code, a fine of not less than eight hundred nor more than	6044
ten thousand dollars;	6045

(iv) In all cases, a class two license suspension of the	6046
offender's driver's license, commercial driver's license,	6047
temporary instruction permit, probationary license, or nonresident	6048
operating privilege from the range specified in division (A)(2) of	6049
section 4510.02 of the Revised Code. The court may grant limited	6050
driving privileges relative to the suspension under sections	6051
4510.021 and 4510.13 of the Revised Code.	6052

(v) In all cases, if the vehicle is registered in the	6053
offender's name, criminal forfeiture of the vehicle involved in	6054
the offense in accordance with section 4503.234 of the Revised	6055
Code. Division (G)(6) of this section applies regarding any	6056
vehicle that is subject to an order of criminal forfeiture under	6057
this division.	6058

(vi) In all cases, participation in an alcohol and drug	6059
addiction program authorized by section 3793.02 of the Revised	6060
Code, subject to division (I) of this section.	6061

(vii) In all cases, if the court sentences the offender to a	6062
mandatory term of local incarceration, in addition to the	6063
mandatory term, the court, pursuant to section 2929.17 of the	6064
Revised Code, may impose a term of house arrest with electronic	6065
monitoring. The term shall not commence until after the offender	6066
has served the mandatory term of local incarceration.	6067

(e) An offender who previously has been convicted of or	6068
pleaded guilty to a violation of division (A) of this section that	6069
was a felony, regardless of when the violation and the conviction	6070
or guilty plea occurred, is guilty of a felony of the third	6071
degree. The court shall sentence the offender to all of the	6072
following:	6073

(i) If the offender is being sentenced for a violation of	6074
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	6075
mandatory prison term of one, two, three, four, or five years as	6076
required by and in accordance with division (G)(2) of section	6077
2929.13 of the Revised Code if the offender also is convicted of	6078
or also pleads guilty to a specification of the type described in	6079
section 2941.1413 of the Revised Code or a mandatory prison term	6080
of sixty consecutive days in accordance with division (G)(2) of	6081
section 2929.13 of the Revised Code if the offender is not	6082
convicted of and does not plead guilty to a specification of that	6083
type. The court may impose a prison term in addition to the	6084
mandatory prison term. The cumulative total of a sixty-day	6085
mandatory prison term and the additional prison term for the	6086
offense shall not exceed five years. In addition to the mandatory	6087
prison term or mandatory prison term and additional prison term	6088
the court imposes, the court also may sentence the offender to a	6089
community control sanction for the offense, but the offender	6090
shall serve all of the prison terms so imposed prior to serving	6091
the community control sanction.	6092

(ii) If the sentence is being imposed for a violation of	6093
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	6094
section, a mandatory prison term of one, two, three, four, or five	6095
years as required by and in accordance with division (G)(2) of	6096
section 2929.13 of the Revised Code if the offender also is	6097
convicted of or also pleads guilty to a specification of the type	6098
described in section 2941.1413 of the Revised Code or a mandatory	6099
prison term of one hundred twenty consecutive days in accordance	6100
with division (G)(2) of section 2929.13 of the Revised Code if the	6101
offender is not convicted of and does not plead guilty to a	6102
specification of that type. The court may impose a prison term in	6103
addition to the mandatory prison term. The cumulative total of a	6104
one hundred twenty-day mandatory prison term and the additional	6105
prison term for the offense shall not exceed five years. In	6106
addition to the mandatory prison term or mandatory prison term and	6107
additional prison term the court imposes, the court also may	6108
sentence the offender to a community control sanction for the	6109
offense, but the offender shall serve all of the prison terms so	6110
imposed prior to serving the community control sanction.	6111

(iii) In all cases, notwithstanding section 2929.18 of the	6112
Revised Code, a fine of not less than eight hundred nor more than	6113
ten thousand dollars;	6114

(iv) In all cases, a class two license suspension of the	6115
offender's driver's license, commercial driver's license,	6116
temporary instruction permit, probationary license, or nonresident	6117
operating privilege from the range specified in division (A)(2) of	6118
section 4510.02 of the Revised Code. The court may grant limited	6119
driving privileges relative to the suspension under sections	6120
4510.021 and 4510.13 of the Revised Code.	6121

(v) In all cases, if the vehicle is registered in the	6122
offender's name, criminal forfeiture of the vehicle involved in	6123
the offense in accordance with section 4503.234 of the Revised	6124
Code. Division (G)(6) of this section applies regarding any	6125
vehicle that is subject to an order of criminal forfeiture under	6126
this division.	6127

(vi) In all cases, participation in an alcohol and drug	6128
addiction program authorized by section 3793.02 of the Revised	6129
Code, subject to division (I) of this section.	6130

(2) An offender who is convicted of or pleads guilty to a	6131
violation of division (A) of this section and who subsequently	6132
seeks reinstatement of the driver's or occupational driver's	6133
license or permit or nonresident operating privilege suspended	6134
under this section as a result of the conviction or guilty plea	6135
shall pay a reinstatement fee as provided in division (F)(2) of	6136
section 4511.191 of the Revised Code.	6137

(3) If an offender is sentenced to a jail term under division	6138
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and	6139
if, within sixty days of sentencing of the offender, the court	6140
issues a written finding on the record that, due to the	6141
unavailability of space at the jail where the offender is required	6142
to serve the term, the offender will not be able to begin serving	6143
that term within the sixty-day period following the date of	6144
sentencing, the court may impose an alternative sentence under	6145
this division that includes a term of house arrest with electronic	6146
monitoring, with continuous alcohol monitoring, or with both	6147
electronic monitoring and continuous alcohol monitoring.	6148

As an alternative to a mandatory jail term of ten consecutive	6149
days required by division (G)(1)(b)(i) of this section, the court,	6150
under this division, may sentence the offender to five consecutive	6151
days in jail and not less than eighteen consecutive days of house	6152
arrest with electronic monitoring, with continuous alcohol	6153
monitoring, or with both electronic monitoring and continuous	6154
alcohol monitoring. The cumulative total of the five consecutive	6155
days in jail and the period of house arrest with electronic	6156
monitoring, continuous alcohol monitoring, or both types of	6157
monitoring shall not exceed six months. The five consecutive days	6158
in jail do not have to be served prior to or consecutively to the	6159
period of house arrest.	6160

As an alternative to the mandatory jail term of twenty	6161
consecutive days required by division (G)(1)(b)(ii) of this	6162
section, the court, under this division, may sentence the offender	6163
to ten consecutive days in jail and not less than thirty-six	6164
consecutive days of house arrest with electronic monitoring, with	6165
continuous alcohol monitoring, or with both electronic monitoring	6166
and continuous alcohol monitoring. The cumulative total of the ten	6167
consecutive days in jail and the period of house arrest with	6168
electronic monitoring, continuous alcohol monitoring, or both	6169
types of monitoring shall not exceed six months. The ten	6170
consecutive days in jail do not have to be served prior to or	6171
consecutively to the period of house arrest.	6172

As an alternative to a mandatory jail term of thirty	6173
consecutive days required by division (G)(1)(c)(i) of this	6174
section, the court, under this division, may sentence the offender	6175
to fifteen consecutive days in jail and not less than fifty-five	6176
consecutive days of house arrest with electronic monitoring, with	6177
continuous alcohol monitoring, or with both electronic monitoring	6178
and continuous alcohol monitoring. The cumulative total of the	6179
fifteen consecutive days in jail and the period of house arrest	6180
with electronic monitoring, continuous alcohol monitoring, or both	6181
types of monitoring shall not exceed one year. The fifteen	6182
consecutive days in jail do not have to be served prior to or	6183
consecutively to the period of house arrest.	6184

As an alternative to the mandatory jail term of sixty	6185
consecutive days required by division (G)(1)(c)(ii) of this	6186
section, the court, under this division, may sentence the offender	6187
to thirty consecutive days in jail and not less than one hundred	6188
ten consecutive days of house arrest with electronic monitoring,	6189
with continuous alcohol monitoring, or with both electronic	6190
monitoring and continuous alcohol monitoring. The cumulative total	6191
of the thirty consecutive days in jail and the period of house	6192
arrest with electronic monitoring, continuous alcohol monitoring,	6193
or both types of monitoring shall not exceed one year. The thirty	6194
consecutive days in jail do not have to be served prior to or	6195
consecutively to the period of house arrest.	6196

(4) If an offender's driver's or occupational driver's	6197
license or permit or nonresident operating privilege is suspended	6198
under division (G) of this section and if section 4510.13 of the	6199
Revised Code permits the court to grant limited driving	6200
privileges, the court may grant the limited driving privileges in	6201
accordance with that section. If division (A)(7) of that section	6202
requires that the court impose as a condition of the privileges	6203
that the offender must display on the vehicle that is driven	6204
subject to the privileges restricted license plates that are	6205
issued under section 4503.231 of the Revised Code, except as	6206
provided in division (B) of that section, the court shall impose	6207
that condition as one of the conditions of the limited driving	6208
privileges granted to the offender, except as provided in division	6209
(B) of section 4503.231 of the Revised Code.	6210

(5) Fines imposed under this section for a violation of	6211
division (A) of this section shall be distributed as follows:	6212

(a) Twenty-five dollars of the fine imposed under division	6213
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	6214
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	6215
fine imposed under division (G)(1)(c)(iii), and two hundred ten	6216
dollars of the fine imposed under division (G)(1)(d)(iii) or	6217
(e)(iii) of this section shall be paid to an enforcement and	6218
education fund established by the legislative authority of the law	6219
enforcement agency in this state that primarily was responsible	6220
for the arrest of the offender, as determined by the court that	6221
imposes the fine. The agency shall use this share to pay only	6222
those costs it incurs in enforcing this section or a municipal OVI	6223
ordinance and in informing the public of the laws governing the	6224
operation of a vehicle while under the influence of alcohol, the	6225
dangers of the operation of a vehicle under the influence of	6226
alcohol, and other information relating to the operation of a	6227
vehicle under the influence of alcohol and the consumption of	6228
alcoholic beverages.	6229

(b) Fifty dollars of the fine imposed under division	6230
(G)(1)(a)(iii) of this section shall be paid to the political	6231
subdivision that pays the cost of housing the offender during the	6232
offender's term of incarceration. If the offender is being	6233
sentenced for a violation of division (A)(1)(a), (b), (c), (d),	6234
(e), or (j) of this section and was confined as a result of the	6235
offense prior to being sentenced for the offense but is not	6236
sentenced to a term of incarceration, the fifty dollars shall be	6237
paid to the political subdivision that paid the cost of housing	6238
the offender during that period of confinement. The political	6239
subdivision shall use the share under this division to pay or	6240
reimburse incarceration or treatment costs it incurs in housing or	6241
providing drug and alcohol treatment to persons who violate this	6242
section or a municipal OVI ordinance, costs of any immobilizing or	6243
disabling device used on the offender's vehicle, and costs of	6244
electronic house arrest equipment needed for persons who violate	6245
this section.	6246

(c) Twenty-five dollars of the fine imposed under division	6247
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	6248
division (G)(1)(b)(iii) of this section shall be deposited into	6249
the county or municipal indigent drivers' alcohol treatment fund	6250
under the control of that court, as created by the county or	6251
municipal corporation under division (N) of section 4511.191 of	6252
the Revised Code.	6253

(d) One hundred fifteen dollars of the fine imposed under	6254
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	6255
fine imposed under division (G)(1)(c)(iii), and four hundred forty	6256
dollars of the fine imposed under division (G)(1)(d)(iii) or	6257
(e)(iii) of this section shall be paid to the political	6258
subdivision that pays the cost of housing the offender during the	6259
offender's term of incarceration. The political subdivision shall	6260
use this share to pay or reimburse incarceration or treatment	6261
costs it incurs in housing or providing drug and alcohol treatment	6262
to persons who violate this section or a municipal OVI ordinance,	6263
costs for any immobilizing or disabling device used on the	6264
offender's vehicle, and costs of electronic house arrest equipment	6265
needed for persons who violate this section.	6266

(e) The balance of the fine imposed under division	6267
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	6268
section shall be disbursed as otherwise provided by law.	6269

(6) If title to a motor vehicle that is subject to an order	6270
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	6271
this section is assigned or transferred and division (B)(2) or (3)	6272
of section 4503.234 of the Revised Code applies, in addition to or	6273
independent of any other penalty established by law, the court may	6274
fine the offender the value of the vehicle as determined by	6275
publications of the national auto dealers association. The	6276
proceeds of any fine so imposed shall be distributed in accordance	6277
with division (C)(2) of that section.	6278

(7) As used in division (G) of this section, "electronic	6279
monitoring," "mandatory prison term," and "mandatory term of local	6280
incarceration" have the same meanings as in section 2929.01 of the	6281
Revised Code.	6282

(H) Whoever violates division (B) of this section is guilty	6283
of operating a vehicle after underage alcohol consumption and	6284
shall be punished as follows:	6285

(1) Except as otherwise provided in division (H)(2) of this	6286
section, the offender is guilty of a misdemeanor of the fourth	6287
degree. In addition to any other sanction imposed for the offense,	6288
the court shall impose a class six suspension of the offender's	6289
driver's license, commercial driver's license, temporary	6290
instruction permit, probationary license, or nonresident operating	6291
privilege from the range specified in division (A)(6) of section	6292
4510.02 of the Revised Code.	6293

(2) If, within one year of the offense, the offender	6294
previously has been convicted of or pleaded guilty to one or more	6295
violations of division (A) or (B) of this section or other	6296
equivalent offenses, the offender is guilty of a misdemeanor of	6297
the third degree. In addition to any other sanction imposed for	6298
the offense, the court shall impose a class four suspension of the	6299
offender's driver's license, commercial driver's license,	6300
temporary instruction permit, probationary license, or nonresident	6301
operating privilege from the range specified in division (A)(4) of	6302
section 4510.02 of the Revised Code.	6303

(3) If the offender also is convicted of or also pleads	6304
guilty to a specification of the type described in section	6305
2941.1416 of the Revised Code and if the court imposes a jail term	6306
for the violation of division (B) of this section, the court shall	6307
impose upon the offender an additional definite jail term pursuant	6308
to division (E) of section 2929.24 of the Revised Code.	6309

(I)(1) No court shall sentence an offender to an alcohol	6310
treatment program under this section unless the treatment program	6311
complies with the minimum standards for alcohol treatment programs	6312
adopted under Chapter 3793. of the Revised Code by the director of	6313
alcohol and drug addiction services.	6314

(2) An offender who stays in a drivers' intervention program	6315
or in an alcohol treatment program under an order issued under	6316
this section shall pay the cost of the stay in the program.	6317
However, if the court determines that an offender who stays in an	6318
alcohol treatment program under an order issued under this section	6319
is unable to pay the cost of the stay in the program, the court	6320
may order that the cost be paid from the court's indigent drivers'	6321
alcohol treatment fund.	6322

(J) If a person whose driver's or commercial driver's license	6323
or permit or nonresident operating privilege is suspended under	6324
this section files an appeal regarding any aspect of the person's	6325
trial or sentence, the appeal itself does not stay the operation	6326
of the suspension.	6327

(K) Division (A)(1)(j) of this section does not apply to a	6328
person who operates a vehicle, streetcar, or trackless trolley	6329
while the person has a concentration of a listed controlled	6330
substance or a listed metabolite of a controlled substance in the	6331
person's whole blood, blood serum or plasma, or urine that equals	6332
or exceeds the amount specified in that division, if both of the	6333
following apply:	6334

(1) The person obtained the controlled substance pursuant to	6335
a prescription issued by a licensed health professional authorized	6336
to prescribe drugs.	6337

(2) The person injected, ingested, or inhaled the controlled	6338
substance in accordance with the health professional's directions.	6339

(L) The prohibited concentrations of a controlled substance	6340
or a metabolite of a controlled substance listed in division	6341
(A)(1)(j) of this section also apply in a prosecution of a	6342
violation of division (D) of section 2923.16 of the Revised Code	6343
in the same manner as if the offender is being prosecuted for a	6344
prohibited concentration of alcohol.	6345

(M) All terms defined in section 4510.01 of the Revised Code	6346
apply to this section. If the meaning of a term defined in section	6347
4510.01 of the Revised Code conflicts with the meaning of the same	6348
term as defined in section 4501.01 or 4511.01 of the Revised Code,	6349
the term as defined in section 4510.01 of the Revised Code applies	6350
to this section.	6351

(N)(1) The Ohio Traffic Rules in effect on January 1, 2004,	6352
as adopted by the supreme court under authority of section 2937.46	6353
of the Revised Code, do not apply to felony violations of this	6354
section. Subject to division (N)(2) of this section, the Rules of	6355
Criminal Procedure apply to felony violations of this section.	6356

(2) If, on or after January 1, 2004, the supreme court	6357
modifies the Ohio Traffic Rules to provide procedures to govern	6358
felony violations of this section, the modified rules shall apply	6359
to felony violations of this section.	6360

Section 2.  That existing sections 2743.51, 2743.56, 2903.06,	6361
2903.08, 2903.11, 2909.32, 2909.33, 2909.34, 2923.02, 2929.01,	6362
2929.02, 2929.13, 2929.14, 2929.18, 2929.19, 2945.75, 2953.08,	6363
4503.233, 4503.234, 4507.02, 4507.08, 4507.164, 4510.10, 4510.13,	6364
4510.16, 4510.161, 4510.41, 4510.54, and 4511.19 of the Revised	6365
Code are hereby repealed.	6366

Section 3. That Section 6 of Am. Sub. S.B. 238 of the 126th	6367
General Assembly be amended to read as follows:	6368

Sec. 6. (A) There is hereby created the Task Force on	6369
Implementing the Federal Domestic Violence Option in the Ohio	6370
Works First Program. The Task Force shall consist of the following	6371
members:	6372

(1) Three members of the Senate, to be appointed by the	6373
President of the Senate, not more than two of whom shall belong to	6374
the same political party as the President of the Senate;	6375

(2) Three members of the House of Representatives, to be	6376
appointed by the Speaker of the House of Representatives, not more	6377
than two of whom shall belong to the same political party as the	6378
Speaker of the House of Representatives.	6379

(3) The Director of Job and Family Services, or the	6380
Director's designee;	6381

(4) The following individuals, to be appointed by the	6382
Governor:	6383

(a) Two individuals representing the Ohio Empowerment	6384
Coalition;	6385

(b) Two individuals representing domestic violence prevention	6386
organizations;	6387

(c) One individual who has been a victim of domestic	6388
violence;	6389

(d) One individual from a county department of job and family	6390
services;	6391

(e) One county prosecuting attorney.

6392

Initial appointments to the Task Force shall be made not	6393
later than forty-five days after the effective date of this	6394
section. Vacancies shall be filled in the manner provided for	6395
initial appointments.	6396

(B) The Task Force shall convene for its first meeting not	6397
later than ninety days after the effective date of this section.	6398
The Task Force shall organize by electing a chairperson from among	6399
its members. A majority of the members constitutes a quorum for	6400
the conduct of meetings and transaction of business.	6401

(C) The Task Force shall do all of the following:

6402

(1) Study issues surrounding the implementation of the	6403
federal domestic violence option as an exemption to the work and	6404
time limit requirements for benefits under the Ohio Works First	6405
program, as authorized by the "Personal Responsibility and Work	6406
Opportunity Reconciliation Act of 1996," 100 Stat. 2105, 42 U.S.C.	6407
602(A)(7);	6408

(2) Assess the current status of domestic violence services	6409
in each county, including counseling and screening;	6410

(3) Review the application and implementation of the federal	6411
domestic violence option in other states;	6412

(4) Conduct public meetings in different parts of the state	6413
throughout its existence.	6414

(D) Not later than December 31, 2006March 31, 2007, the Task	6415
Force shall prepare and submit a report to the Governor, the	6416
President and Minority Leader of the Senate, and the Speaker and	6417
Minority Leader of the House of Representatives. The report shall	6418
include recommendations on how to implement the federal domestic	6419
violence option within the Ohio Works First Program. On submission	6420
of the report, the Task Force shall cease to exist.	6421

Section 4. That existing Section 6 of Am. Sub. S.B. 238 of	6422
the 126th General Assembly is hereby repealed.	6423

Section 5.  (A) Section 2903.08 of the Revised Code is	6424
presented in this act as a composite of the section as amended by	6425
both Sub. H.B. 52 and Am. Sub. H.B. 163 of the 125th General	6426
Assembly. The General Assembly, applying the principle stated in	6427
division (B) of section 1.52 of the Revised Code that amendments	6428
are to be harmonized if reasonably capable of simultaneous	6429
operation, finds that the composite is the resulting version of	6430
the section in effect prior to the effective date of the section	6431
as presented in this act.	6432

(B) Section 2929.01 of the Revised Code is presented in this	6433
act as a composite of the section as amended by both Am. Sub. H.B.	6434
95 and Am. Sub. H.B. 162 of the 126th General Assembly. The	6435
General Assembly, applying the principle stated in division (B) of	6436
section 1.52 of the Revised Code that amendments are to be	6437
harmonized if reasonably capable of simultaneous operation, finds	6438
that the composite is the resulting version of the section in	6439
effect prior to the effective date of the section as presented in	6440
this act.	6441