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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
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) 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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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) "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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 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 |
(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 |
(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 |
(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 |
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 |
(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)(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 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 |
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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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) 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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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) 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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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)(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(D)(1) In any criminal prosecution or juvenile court | 5602 |
proceeding for a violation of
division (A) or (B) of this section | 5603 |
or for an equivalent
offense, the court may admit
evidence on the | 5604 |
concentration of
alcohol, drugs of abuse, controlled substances, | 5605 |
metabolites of a controlled substance, or
a combination of
them in | 5606 |
the
defendant's
whole blood,
blood serum or plasma,
breath, urine, | 5607 |
or
other bodily
substance at the time of the
alleged violation as | 5608 |
shown by
chemical analysis of the
substance
withdrawn within | 5609 |
three hours of
the time of
the alleged violation, when either | 5610 |
division (D)(1)(a) or (b) of this section applies. The three-hour | 5611 |
time limit specified in this division regarding the admission of | 5612 |
evidence does not extend or affect the two-hour time limit | 5613 |
specified in division (A) of section 4511.192 of the Revised Code | 5614 |
as the maximum period of time during which a person may consent to | 5615 |
a chemical test or tests as described in that section. The court | 5616 |
may admit evidence on the concentration of alcohol, drugs of | 5617 |
abuse, or a combination of them as described in this division when | 5618 |
either of the following applies: | 5619 |
(a) A law enforcement officer has obtained from a health care | 5620 |
provider a laboratory report containing the results of any test | 5621 |
administered by the health care provider on its own initiative and | 5622 |
not at the request of a law enforcement officer to determine the | 5623 |
presence or concentration of alcohol, a drug of abuse, or | 5624 |
combination of them in the person's whole blood, blood serum or | 5625 |
plasma, breath, urine, or other bodily substance pursuant to | 5626 |
section 2317.022 of the Revised Code. | 5627 |
When a(b) A person submits to a blood, breath, urine, or | 5628 |
other bodily substance test at the request of a
law enforcement | 5629 |
officer under section 4511.191 of the
Revised
Code, onlyor a | 5630 |
blood or urine sample is obtained pursuant to a search warrant. | 5631 |
Only a
physician, a registered nurse, or a qualified
technician, | 5632 |
chemist,
or phlebotomist shall withdraw a blood sample for
the | 5633 |
purpose of
determining
the
alcohol, drug, controlled substance, | 5634 |
metabolite of a controlled substance, or
combination content
of | 5635 |
the whole blood, blood serum,
or blood plasma.
This
limitation | 5636 |
does
not apply to the taking of breath or urine
specimens. A
| 5637 |
person authorized to withdraw blood under
this
division may
refuse | 5638 |
to withdraw blood
under this division, if in
that person's | 5639 |
opinion, the physical welfare of
the person would
be
endangered by | 5640 |
the withdrawing of blood. | 5641 |
(2) In a criminal prosecution or juvenile court proceeding | 5647 |
for a violation of division (A) of this section
or for an | 5648 |
equivalent offense, if there was at the time the
bodily substance | 5649 |
was
withdrawn a concentration of less than
the
applicable | 5650 |
concentration of alcohol specified in
divisions (A)(1)(b), (c), | 5651 |
(d), and (e) of this section or less than the applicable | 5652 |
concentration of a listed controlled substance or a listed | 5653 |
metabolite of a controlled substance specified for a violation of | 5654 |
division (A)(1)(j) of this section, that fact
may be considered | 5655 |
with other
competent evidence
in determining the guilt or | 5656 |
innocence of the
defendant. This
division does not limit or
affect | 5657 |
a criminal
prosecution or
juvenile court proceeding for a | 5658 |
violation of
division (B) of this
section or
for an equivalent | 5659 |
offense that
is
substantially
equivalent to
that
division. | 5660 |
TheIf the chemical test was obtained pursuant to division | 5665 |
(D)(1)(b) of this section, the person tested may have a physician, | 5666 |
a registered nurse,
or a qualified technician, chemist,
or | 5667 |
phlebotomist of the
person's own
choosing administer a chemical | 5668 |
test or tests,
at the
person's
expense, in addition to any | 5669 |
administered at the request
of a
law enforcement
officer.
The
form | 5670 |
to be read to the person
to be tested, as required
under
section | 5671 |
4511.192 of the Revised
Code, shall state that the person
may have | 5672 |
an
independent test
performed at the person's expense.
The failure | 5673 |
or
inability to
obtain an additional
chemical test by
a person | 5674 |
shall not preclude
the admission of
evidence relating to
the | 5675 |
chemical test or tests
taken at the
request of a
law
enforcement | 5676 |
officer. | 5677 |
(b) In any criminal prosecution or juvenile court proceeding | 5683 |
for a violation of division (A) or (B) of this section, of a | 5684 |
municipal ordinance relating to operating a vehicle while under | 5685 |
the influence of alcohol, a drug of abuse, or alcohol and a drug | 5686 |
of abuse, or of a municipal ordinance relating to operating a | 5687 |
vehicle with a prohibited concentration of alcohol, a controlled | 5688 |
substance, or a metabolite of a controlled substance in the blood, | 5689 |
breath, or urine, if a law enforcement officer has administered a | 5690 |
field sobriety test to the operator of the vehicle involved in the | 5691 |
violation and if it is shown by clear and convincing evidence that | 5692 |
the officer administered the test in substantial
compliance with | 5693 |
the testing standards for any reliable, credible,
and generally | 5694 |
accepted field sobriety
tests that were in effect at
the time the | 5695 |
tests were administered, including, but not limited
to, any | 5696 |
testing standards then in effect that were set by the
national | 5697 |
highway traffic safety administration, all
of the
following apply: | 5698 |
(E)(1)
Subject to division (E)(3) of
this section,
in any | 5717 |
criminal prosecution or juvenile court proceeding for a
violation | 5718 |
of
division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j) | 5719 |
or
(B)(1), (2), (3), or
(4) of this
section or for an equivalent | 5720 |
offense that is substantially equivalent to any
of those | 5721 |
divisions, a laboratory report obtained pursuant to section | 5722 |
2317.022 of the Revised Code or from any
laboratory
personnel | 5723 |
issued a permit by the department of health authorizing an | 5724 |
analysis as described in this division that
contains an analysis | 5725 |
of
the whole blood, blood serum or plasma,
breath, urine, or other | 5726 |
bodily substance tested and that contains
all of the information | 5727 |
specified in this division shall be
admitted as prima-facie | 5728 |
evidence of the information and statements
that the report | 5729 |
contains. The laboratory report shall contain all
of the | 5730 |
following: | 5731 |
(3) A report of the type described in division (E)(1) of
this | 5756 |
section shall not be prima-facie evidence of the contents, | 5757 |
identity, or amount
of any substance if, within seven days after | 5758 |
the
defendant to whom the report pertains or the defendant's | 5759 |
attorney
receives a copy of the report, the defendant or the | 5760 |
defendant's
attorney demands the testimony of the person who | 5761 |
signed the
report. The judge in the case may extend the seven-day | 5762 |
time limit
in the interest of justice. | 5763 |
(F) Except as otherwise provided in this division, any | 5764 |
physician, registered nurse, or qualified
technician, chemist,
or | 5765 |
phlebotomist who
withdraws blood from a person pursuant
to this | 5766 |
section, and any hospital, first-aid station, or clinic
at which | 5767 |
blood is withdrawn from a person pursuant to this
section, is | 5768 |
immune from criminal liability and
civil
liability
based upon a | 5769 |
claim of assault and battery or
any other
claim that is not
a | 5770 |
claim
of malpractice, for any
act performed in withdrawing blood | 5771 |
from
the person.
The immunity
provided in this division is not | 5772 |
available to a
person who
withdraws blood if the person engages in | 5773 |
willful or wanton
misconduct. | 5774 |
(G)(1) Whoever violates any provision of divisions
(A)(1)(a) | 5775 |
to
(i) or (A)(2) of this section is
guilty of
operating a vehicle | 5776 |
under the
influence of alcohol, a drug of abuse, or a
combination | 5777 |
of them.
Whoever violates division (A)(1)(j) of this section is | 5778 |
guilty of operating a vehicle while under the influence of a | 5779 |
listed controlled substance or a listed metabolite of a controlled | 5780 |
substance. The court shall sentence the offender for either | 5781 |
offense under
Chapter 2929. of the
Revised Code, except as | 5782 |
otherwise
authorized or required by
divisions (G)(1)(a)
to (e)
of | 5783 |
this section: | 5784 |
(i)
If the sentence is being imposed for a violation of | 5789 |
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 5790 |
mandatory jail term
of three consecutive days. As used in
this | 5791 |
division, three consecutive days means seventy-two consecutive | 5792 |
hours.
The court
may sentence an offender to both an
intervention | 5793 |
program and a jail term. The court may impose a jail
term in | 5794 |
addition to the three-day mandatory jail term or intervention | 5795 |
program. However,
in no case shall the cumulative jail term | 5796 |
imposed for the offense
exceed six months. | 5797 |
The court may suspend the execution of the
three-day jail | 5798 |
term under this division if the court, in lieu of that
suspended | 5799 |
term, places the offender under a community control sanction | 5800 |
pursuant to section 2929.25 of the Revised Code and requires the | 5801 |
offender
to
attend, for three consecutive days, a
drivers' | 5802 |
intervention
program certified under section 3793.10 of the | 5803 |
Revised Code.
The
court also may suspend the execution of any | 5804 |
part of the
three-day
jail term under this division if it places | 5805 |
the offender under a community control sanction pursuant to | 5806 |
section 2929.25 of the Revised Code for part of the three days, | 5807 |
requires the offender to
attend for the suspended part of the term | 5808 |
a drivers' intervention
program so certified, and sentences the | 5809 |
offender to a jail term
equal to the remainder of the three | 5810 |
consecutive days that the
offender does not spend attending the | 5811 |
program. The court may
require the offender, as a condition of | 5812 |
community control and in addition
to the required attendance at a | 5813 |
drivers' intervention program, to
attend and satisfactorily | 5814 |
complete any treatment or education
programs that comply with the | 5815 |
minimum standards adopted pursuant
to Chapter 3793. of the Revised | 5816 |
Code by the director of alcohol
and drug addiction services that | 5817 |
the operators of the drivers'
intervention program determine that | 5818 |
the offender should attend and
to report periodically to the court | 5819 |
on the offender's progress in
the programs. The court also may | 5820 |
impose on the offender any other
conditions of community control | 5821 |
that it considers necessary. | 5822 |
(ii)
If the sentence is being imposed for a violation of | 5823 |
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 5824 |
section, except as
otherwise provided in
this division, a | 5825 |
mandatory jail term of at
least three consecutive
days and a | 5826 |
requirement that the offender
attend, for three
consecutive days, | 5827 |
a drivers' intervention
program that is
certified pursuant to | 5828 |
section 3793.10 of the
Revised Code. As
used in this division, | 5829 |
three consecutive days
means seventy-two consecutive
hours. If the | 5830 |
court determines that
the offender is not
conducive to treatment | 5831 |
in a drivers'
intervention program, if the
offender refuses to | 5832 |
attend a drivers'
intervention program, or if the jail at
which | 5833 |
the offender is to
serve the jail term imposed can provide a | 5834 |
driver's intervention
program, the court shall sentence the | 5835 |
offender to a mandatory jail
term of at least six consecutive | 5836 |
days. | 5837 |
The court may require the offender, under a community control | 5838 |
sanction imposed under section 2929.25 of the Revised Code,
to | 5839 |
attend and satisfactorily complete any treatment or
education | 5840 |
programs that comply with the minimum standards adopted
pursuant | 5841 |
to
Chapter 3793. of the Revised Code by the director of
alcohol | 5842 |
and drug addiction services, in addition to the required | 5843 |
attendance at
drivers' intervention program, that the operators of | 5844 |
the drivers' intervention
program determine that
the offender | 5845 |
should attend and to report periodically to the court
on the | 5846 |
offender's progress in the programs. The court also may
impose
any | 5847 |
other conditions of community control on the offender that it | 5848 |
considers necessary. | 5849 |
(i)
If the sentence is being imposed for a violation of | 5864 |
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 5865 |
mandatory jail term
of ten consecutive days. The court
shall | 5866 |
impose the ten-day mandatory jail term under this division unless, | 5867 |
subject to division (G)(3) of this section, it instead
imposes a | 5868 |
sentence under that division consisting of both a jail term and a | 5869 |
term of
house arrest with electronic monitoring, with continuous | 5870 |
alcohol monitoring, or with both electronic monitoring and | 5871 |
continuous alcohol monitoring. The court may
impose a
jail term in | 5872 |
addition to the
ten-day mandatory jail term.
The
cumulative jail | 5873 |
term imposed for the offense shall not exceed
six
months. | 5874 |
In addition to the jail term or the term of house arrest with | 5875 |
electronic monitoring or continuous alcohol monitoring or both | 5876 |
types of monitoring and jail term, the court may require the | 5877 |
offender
to attend a drivers' intervention program that is | 5878 |
certified pursuant to
section 3793.10 of the Revised Code. If the | 5879 |
operator of the
program determines that the offender is alcohol | 5880 |
dependent, the
program shall notify the court, and, subject to | 5881 |
division (I) of
this section, the court shall order the offender | 5882 |
to obtain treatment through
an alcohol and drug
addiction program | 5883 |
authorized by section 3793.02 of the Revised
Code. | 5884 |
(ii)
If the sentence is being imposed for a violation of | 5885 |
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 5886 |
section, except as
otherwise provided in
this division, a | 5887 |
mandatory jail term of
twenty consecutive days. The court
shall | 5888 |
impose the twenty-day
mandatory jail term under
this division | 5889 |
unless, subject to
division (G)(3) of this section,
it instead | 5890 |
imposes a sentence
under that division
consisting of both a jail | 5891 |
term and a term of
house arrest with electronic monitoring, with | 5892 |
continuous alcohol monitoring, or with both electronic monitoring | 5893 |
and continuous alcohol monitoring. The court may impose a
jail | 5894 |
term in
addition to the twenty-day
mandatory jail term. The | 5895 |
cumulative
jail term imposed for the offense shall
not exceed six | 5896 |
months. | 5897 |
In addition to the jail term or the term of house arrest with | 5898 |
electronic monitoring or continuous alcohol monitoring or both | 5899 |
types of monitoring and jail term, the court may require the | 5900 |
offender
to attend a driver's intervention program that is | 5901 |
certified pursuant to
section 3793.10 of the Revised Code. If the | 5902 |
operator of the
program determines that the offender is alcohol | 5903 |
dependent, the
program shall notify the court, and, subject to | 5904 |
division (I) of
this section, the court shall order the offender | 5905 |
to obtain
treatment through an alcohol and drug addiction program | 5906 |
authorized
by section 3793.02 of the Revised Code. | 5907 |
(i)
If the sentence is being imposed for a violation of | 5929 |
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 5930 |
mandatory jail term
of thirty consecutive days. The court
shall | 5931 |
impose the thirty-day mandatory jail term under this division | 5932 |
unless, subject to division (G)(3) of this section, it
instead | 5933 |
imposes a sentence under that division consisting of both a jail | 5934 |
term and a term of
house arrest with electronic monitoring, with | 5935 |
continuous alcohol monitoring, or with both electronic monitoring | 5936 |
and continuous alcohol monitoring. The
court may impose a
jail | 5937 |
term in addition to the
thirty-day
mandatory jail term. | 5938 |
Notwithstanding the jail terms
set
forth in sections 2929.21 to | 5939 |
2929.28 of the Revised Code, the additional
jail
term shall not | 5940 |
exceed one year, and the cumulative jail term
imposed
for the | 5941 |
offense shall not exceed
one year. | 5942 |
(ii)
If the sentence is being imposed for a violation of | 5943 |
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 5944 |
section, a mandatory
jail term of
sixty
consecutive days. The | 5945 |
court shall impose the
sixty-day mandatory jail
term under this | 5946 |
division unless, subject
to division (G)(3)
of this section, it | 5947 |
instead imposes a sentence
under that division
consisting of both | 5948 |
a jail term
and a term of
house arrest with electronic monitoring, | 5949 |
with continuous alcohol monitoring, or with both electronic | 5950 |
monitoring and continuous alcohol monitoring. The court may impose | 5951 |
a
jail term in
addition to the sixty-day mandatory jail term.
| 5952 |
Notwithstanding
the jail terms set forth in sections 2929.21 to | 5953 |
2929.28 of the
Revised Code, the additional jail term shall
not | 5954 |
exceed one year,
and the cumulative jail term imposed for the | 5955 |
offense
shall not
exceed one year. | 5956 |
(d)
Except as otherwise provided in division
(G)(1)(e)
of | 5976 |
this section, an offender who, within six
years of the offense, | 5977 |
previously has been
convicted of or pleaded guilty to three or
| 5978 |
four violations of division
(A) or (B) of this section or other | 5979 |
equivalent offenses or an offender who, within twenty years of the | 5980 |
offense, previously has been convicted of or pleaded guilty to | 5981 |
five or more violations of that nature is
guilty of a felony of | 5982 |
the fourth degree.
The court shall
sentence the offender to all of | 5983 |
the following: | 5984 |
(i)
If the sentence is being imposed for a violation of | 5985 |
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 5986 |
mandatory prison term of one, two, three, four, or five years as | 5987 |
required by and in accordance with division (G)(2) of section | 5988 |
2929.13 of the Revised Code if the offender also is convicted of | 5989 |
or also pleads guilty to a specification of the type described in | 5990 |
section 2941.1413 of the Revised Code or, in the
discretion of
the | 5991 |
court, either a mandatory term of local
incarceration of sixty | 5992 |
consecutive
days in accordance with
division (G)(1) of section | 5993 |
2929.13 of the Revised Code or a
mandatory prison term of sixty | 5994 |
consecutive days in
accordance
with division (G)(2) of that | 5995 |
section if the offender is not convicted of and does not plead | 5996 |
guilty to a specification of that type. If the
court
imposes a | 5997 |
mandatory term of local incarceration, it may impose a
jail
term | 5998 |
in addition to the sixty-day mandatory term, the
cumulative total | 5999 |
of the mandatory
term and the jail term for the
offense
shall not | 6000 |
exceed one year, and, except as provided in division (A)(1) of | 6001 |
section 2929.13 of the Revised Code, no prison term is
authorized | 6002 |
for the
offense. If the court imposes a mandatory
prison term, | 6003 |
notwithstanding
division (A)(4) of section 2929.14 of
the Revised | 6004 |
Code, it also may sentence the offender to a definite
prison term | 6005 |
that shall be not less than six months and not more
than thirty | 6006 |
months and the
prison terms shall be imposed as described
in | 6007 |
division (G)(2) of
section 2929.13 of the Revised Code. If the | 6008 |
court imposes a mandatory prison term or mandatory prison term and | 6009 |
additional prison term, in addition to the term or terms so | 6010 |
imposed, the court also may sentence the offender to a community | 6011 |
control sanction for the offense, but the offender shall serve all | 6012 |
of the prison terms so imposed prior to serving the community | 6013 |
control sanction. | 6014 |
(ii)
If the sentence is being imposed for a violation of | 6015 |
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 6016 |
section, a mandatory prison term of one, two, three, four, or five | 6017 |
years as required by and in accordance with division (G)(2) of | 6018 |
section 2929.13 of the Revised Code if the offender also is | 6019 |
convicted of or also pleads guilty to a specification of the type | 6020 |
described in section 2941.1413 of the Revised Code or, in the | 6021 |
discretion of the
court, either a mandatory term of local | 6022 |
incarceration of one
hundred twenty consecutive days in accordance | 6023 |
with division (G)(1)
of section 2929.13 of the Revised Code or a | 6024 |
mandatory prison
term of one hundred twenty consecutive days in | 6025 |
accordance with division
(G)(2) of that section if the offender is | 6026 |
not convicted of and does not plead guilty to a specification of | 6027 |
that type. If the court
imposes a mandatory
term of local | 6028 |
incarceration, it may impose a
jail term in addition to the one | 6029 |
hundred twenty-day mandatory
term, the cumulative total of the | 6030 |
mandatory term
and the jail term
for
the offense shall not exceed | 6031 |
one year, and, except as provided in division (A)(1) of section | 6032 |
2929.13 of the Revised Code, no prison term is
authorized for the | 6033 |
offense. If the court imposes a mandatory
prison term, | 6034 |
notwithstanding division (A)(4) of section 2929.14 of
the Revised | 6035 |
Code,
it also may sentence the offender to a definite
prison term | 6036 |
that shall be not
less than six months and not more
than thirty | 6037 |
months and the prison terms shall
be imposed as described
in | 6038 |
division (G)(2) of section 2929.13 of the Revised Code. If the | 6039 |
court imposes a mandatory prison term or mandatory prison term and | 6040 |
additional prison term, in addition to the term or terms so | 6041 |
imposed, the court also may sentence the offender to a community | 6042 |
control sanction for the offense, but the offender shall serve all | 6043 |
of the prison terms so imposed prior to serving the community | 6044 |
control sanction. | 6045 |
(i)
If the offender is being sentenced for a violation of | 6077 |
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 6078 |
mandatory prison term of one, two, three, four, or five years as | 6079 |
required by and in accordance with division (G)(2) of section | 6080 |
2929.13 of the Revised Code if the offender also is convicted of | 6081 |
or also pleads guilty to a specification of the type described in | 6082 |
section 2941.1413 of the Revised Code or a
mandatory
prison term | 6083 |
of sixty consecutive days in
accordance with
division (G)(2) of | 6084 |
section 2929.13 of the Revised Code if the offender is not | 6085 |
convicted of and does not plead guilty to a specification of that | 6086 |
type. The court
may impose a prison term in
addition to the | 6087 |
mandatory
prison term. The cumulative
total of
a sixty-day | 6088 |
mandatory prison term
and the additional prison term for the | 6089 |
offense shall
not exceed
five years. In addition to the mandatory | 6090 |
prison term or mandatory prison term and additional prison term | 6091 |
the court imposes, the court also may sentence the offender to a | 6092 |
community
control sanction for the
offense, but the offender | 6093 |
shall serve all of the prison terms so imposed prior to serving | 6094 |
the community control sanction. | 6095 |
(ii)
If the sentence is being imposed for a violation of | 6096 |
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 6097 |
section, a mandatory prison term of one, two, three, four, or five | 6098 |
years as required by and in accordance with division (G)(2) of | 6099 |
section 2929.13 of the Revised Code if the offender also is | 6100 |
convicted of or also pleads guilty to a specification of the type | 6101 |
described in section 2941.1413 of the Revised Code or a mandatory | 6102 |
prison term of
one
hundred twenty consecutive days in accordance | 6103 |
with division (G)(2)
of section 2929.13 of the Revised Code if the | 6104 |
offender is not convicted of and does not plead guilty to a | 6105 |
specification of that type. The
court may
impose a prison term in | 6106 |
addition to the mandatory
prison term. The cumulative total of a | 6107 |
one hundred twenty-day
mandatory prison term and
the additional | 6108 |
prison term for the
offense shall not exceed five
years. In | 6109 |
addition to the mandatory prison term or mandatory prison term and | 6110 |
additional prison term the court imposes, the court also may | 6111 |
sentence the offender to a community
control sanction for the | 6112 |
offense, but the offender shall serve all of the prison terms so | 6113 |
imposed prior to serving the community control sanction. | 6114 |
(3) If an offender is sentenced to a jail term under
division | 6141 |
(G)(1)(b)(i)
or (ii)
or
(G)(1)(c)(i)
or (ii)
of this
section and | 6142 |
if,
within sixty days of
sentencing of the offender,
the court | 6143 |
issues a written finding on the record
that, due to the | 6144 |
unavailability of space at the
jail where the offender is required | 6145 |
to serve the term, the offender will not
be able to begin serving | 6146 |
that term within the
sixty-day period following the date of | 6147 |
sentencing, the court may
impose an alternative sentence under | 6148 |
this division that includes a
term of house arrest with electronic | 6149 |
monitoring, with continuous alcohol monitoring, or with both | 6150 |
electronic monitoring and continuous alcohol monitoring. | 6151 |
As an alternative to a mandatory jail term of ten consecutive | 6152 |
days
required by division (G)(1)(b)(i) of this
section, the court, | 6153 |
under this division, may sentence the
offender to five consecutive | 6154 |
days in jail and not less than eighteen consecutive days of house | 6155 |
arrest with electronic monitoring, with continuous alcohol | 6156 |
monitoring, or with both electronic monitoring and continuous | 6157 |
alcohol monitoring. The cumulative total of
the five consecutive | 6158 |
days in
jail and the period of house arrest with electronic | 6159 |
monitoring, continuous alcohol monitoring, or both types of | 6160 |
monitoring shall
not exceed six months. The five
consecutive days | 6161 |
in jail do not
have to be served prior to or
consecutively to the | 6162 |
period of house
arrest. | 6163 |
As an alternative to the mandatory jail term of twenty | 6164 |
consecutive
days required by division (G)(1)(b)(ii)
of
this | 6165 |
section, the
court, under this division, may sentence the offender | 6166 |
to ten consecutive days
in jail and not less than thirty-six | 6167 |
consecutive days of
house arrest with electronic monitoring, with | 6168 |
continuous alcohol monitoring, or with both electronic monitoring | 6169 |
and continuous alcohol monitoring. The
cumulative total of the ten | 6170 |
consecutive days in
jail and the
period of house arrest with | 6171 |
electronic monitoring, continuous alcohol monitoring, or both | 6172 |
types of monitoring shall
not exceed
six months. The ten | 6173 |
consecutive days in jail do not
have to be
served prior to or | 6174 |
consecutively to the period of house
arrest. | 6175 |
As an alternative to a mandatory jail term of thirty | 6176 |
consecutive
days required by division (G)(1)(c)(i) of
this | 6177 |
section, the court,
under this division, may sentence the offender | 6178 |
to fifteen consecutive days in
jail and not less than fifty-five | 6179 |
consecutive days of house arrest with electronic monitoring, with | 6180 |
continuous alcohol monitoring, or with both electronic monitoring | 6181 |
and continuous alcohol monitoring. The
cumulative total of the | 6182 |
fifteen
consecutive days in jail and the
period of house arrest | 6183 |
with electronic monitoring, continuous alcohol monitoring, or both | 6184 |
types of monitoring shall not exceed
one year. The fifteen | 6185 |
consecutive days in jail
do not have to be
served prior to or | 6186 |
consecutively to the period of house arrest. | 6187 |
As an alternative to the mandatory jail term of sixty | 6188 |
consecutive
days required by division (G)(1)(c)(ii)
of
this | 6189 |
section, the
court, under this division, may sentence the offender | 6190 |
to thirty
consecutive days in jail and not less than one hundred | 6191 |
ten
consecutive days of house arrest with electronic monitoring, | 6192 |
with continuous alcohol monitoring, or with both electronic | 6193 |
monitoring and continuous alcohol monitoring.
The
cumulative total | 6194 |
of the thirty consecutive days in jail and
the
period of house | 6195 |
arrest with electronic monitoring, continuous alcohol monitoring, | 6196 |
or both types of monitoring shall not
exceed
one year. The thirty | 6197 |
consecutive days in jail do not have
to be
served prior to or | 6198 |
consecutively to the period of house
arrest. | 6199 |
(4) If an offender's driver's or occupational driver's | 6200 |
license or
permit or nonresident operating privilege is suspended | 6201 |
under division
(G) of this
section and if section 4510.13 of the | 6202 |
Revised Code permits the
court to grant limited driving | 6203 |
privileges, the court may
grant the limited driving privileges
in | 6204 |
accordance with that section. If division (A)(7) of that section | 6205 |
requires that the court impose as a condition of the
privileges | 6206 |
that the
offender must display on the vehicle that is
driven | 6207 |
subject to the privileges
restricted license plates that
are | 6208 |
issued under section 4503.231 of the Revised Code, except
as | 6209 |
provided in division (B) of that section, the court shall impose | 6210 |
that condition as one of the conditions of the limited driving | 6211 |
privileges granted to the offender, except as provided in division | 6212 |
(B) of section 4503.231 of the Revised Code. | 6213 |
(a)
Twenty-five dollars of the fine imposed under division | 6216 |
(G)(1)(a)(iii), thirty-five
dollars of the fine imposed under | 6217 |
division
(G)(1)(b)(iii), one
hundred twenty-three dollars of the | 6218 |
fine imposed under division
(G)(1)(c)(iii),
and two hundred
ten | 6219 |
dollars of the fine imposed under division
(G)(1)(d)(iii) or | 6220 |
(e)(iii)
of this section shall be paid to an enforcement
and | 6221 |
education fund established by the legislative authority of the law | 6222 |
enforcement
agency in this state that primarily was responsible | 6223 |
for the arrest of the
offender, as determined by the court that | 6224 |
imposes the fine. The agency shall
use this share to pay only | 6225 |
those costs it incurs in
enforcing this section or a municipal OVI | 6226 |
ordinance
and in informing the public of the laws governing the | 6227 |
operation of
a vehicle while under the influence of alcohol, the | 6228 |
dangers of
the operation of a vehicle under the influence of | 6229 |
alcohol, and other
information relating to the operation of a | 6230 |
vehicle under the influence of
alcohol and the consumption of | 6231 |
alcoholic beverages. | 6232 |
(b)
Fifty dollars of the fine imposed under division | 6233 |
(G)(1)(a)(iii)
of
this section shall be paid to the political | 6234 |
subdivision that pays the cost of
housing the offender during the | 6235 |
offender's term of incarceration. If the
offender is being | 6236 |
sentenced for a violation of division (A)(1)(a), (b), (c), (d), | 6237 |
(e), or (j) of this section and was confined as a result of the | 6238 |
offense
prior to being
sentenced for the offense but is not | 6239 |
sentenced to a
term of incarceration, the
fifty dollars shall
be | 6240 |
paid to the
political subdivision that paid the cost of housing | 6241 |
the offender
during that period of confinement. The political | 6242 |
subdivision
shall use the share under this division to pay or | 6243 |
reimburse
incarceration or treatment costs it incurs in housing or | 6244 |
providing
drug and alcohol treatment to persons who violate this | 6245 |
section or
a municipal OVI ordinance, costs of any immobilizing or | 6246 |
disabling
device used on the offender's vehicle, and costs of | 6247 |
electronic
house
arrest equipment
needed for persons who violate | 6248 |
this
section. | 6249 |
(d)
One hundred fifteen dollars of the fine imposed under | 6257 |
division
(G)(1)(b)(iii),
two hundred seventy-seven
dollars of the | 6258 |
fine imposed under division
(G)(1)(c)(iii),
and four hundred forty | 6259 |
dollars of the fine imposed under division
(G)(1)(d)(iii) or | 6260 |
(e)(iii)
of this section shall be paid to the political | 6261 |
subdivision
that pays the cost of housing the offender during the | 6262 |
offender's term of
incarceration. The political subdivision shall | 6263 |
use
this share to pay or reimburse incarceration or treatment | 6264 |
costs it incurs in
housing or providing drug and alcohol treatment | 6265 |
to persons who
violate this section or a municipal OVI ordinance, | 6266 |
costs for any
immobilizing or disabling device used on the | 6267 |
offender's vehicle, and costs of electronic house arrest equipment | 6268 |
needed for
persons who violate this section. | 6269 |
(6) If title to a motor vehicle that is subject to an order | 6273 |
of criminal forfeiture under division (G)(1)(c), (d), or (e) of | 6274 |
this section is assigned or transferred and division (B)(2) or (3) | 6275 |
of section 4503.234 of the Revised Code applies, in addition to or | 6276 |
independent of any other penalty established by law, the court may | 6277 |
fine the offender the value of the vehicle as determined by | 6278 |
publications of the national auto dealers association. The | 6279 |
proceeds of any fine so imposed shall be distributed in accordance | 6280 |
with division (C)(2) of that section. | 6281 |
(1) Except as otherwise provided in division (H)(2) of this | 6289 |
section, the offender is guilty of a misdemeanor of the fourth | 6290 |
degree. In
addition to any other sanction imposed for the
offense, | 6291 |
the court shall impose a class six suspension of the
offender's | 6292 |
driver's license, commercial driver's license,
temporary | 6293 |
instruction permit,
probationary license, or nonresident
operating | 6294 |
privilege from the range
specified in division (A)(6) of
section | 6295 |
4510.02 of the Revised Code. | 6296 |
(2) If, within one year of the offense, the offender | 6297 |
previously
has been convicted of or pleaded guilty to one or more | 6298 |
violations of
division (A) or (B) of this section or other | 6299 |
equivalent
offenses, the
offender is guilty of a
misdemeanor of | 6300 |
the third degree. In addition to any
other
sanction imposed
for | 6301 |
the offense, the court shall impose a class
four suspension of the | 6302 |
offender's driver's license, commercial
driver's license, | 6303 |
temporary
instruction permit, probationary
license, or nonresident | 6304 |
operating privilege
from the range
specified in division (A)(4) of | 6305 |
section 4510.02 of the Revised
Code. | 6306 |
Section 2. That existing sections 2743.51, 2743.56, 2903.06, | 6364 |
2903.08, 2903.11, 2909.32, 2909.33, 2909.34, 2923.02, 2929.01, | 6365 |
2929.02, 2929.13, 2929.14, 2929.18, 2929.19, 2945.75, 2953.08, | 6366 |
4503.233, 4503.234, 4507.02, 4507.08, 4507.164, 4510.10, 4510.13, | 6367 |
4510.16, 4510.161, 4510.41, 4510.54, and 4511.19 of the Revised | 6368 |
Code are hereby repealed. | 6369 |
(D) Not later than December 31, 2006March 31, 2007, the Task | 6418 |
Force shall prepare and submit a report to the Governor, the | 6419 |
President and Minority Leader of the Senate, and the Speaker and | 6420 |
Minority Leader of the House of Representatives. The report shall | 6421 |
include recommendations on how to implement the federal domestic | 6422 |
violence option within the Ohio Works First Program. On submission | 6423 |
of the report, the Task Force shall cease to exist. | 6424 |
Section 5. (A) Section 2903.08 of the Revised Code is | 6427 |
presented in
this act as a composite of the section as amended by | 6428 |
both Sub. H.B. 52 and Am. Sub. H.B. 163 of
the 125th General | 6429 |
Assembly. The General Assembly, applying the
principle stated in | 6430 |
division (B) of section 1.52 of the Revised
Code that amendments | 6431 |
are to be harmonized if reasonably capable of
simultaneous | 6432 |
operation, finds that the composite is the resulting
version of | 6433 |
the section in effect prior to the effective date of
the section | 6434 |
as presented in this act. | 6435 |