Sub. S. B. No. 53 As Reported by the House Civil and Commercial Law Committee

Senators Carey, Zurz, Harris, Jacobson, Padgett, Clancy, Grendell, Fedor, Miller, Austria, Goodman, Schuring, Amstutz, Cates, Coughlin, Gardner, Hottinger, Armbruster, Brady, Dann, Fingerhut, Hagan, Jordan, Mallory, Mumper, Niehaus, Prentiss, Roberts, Schuler, Spada, Wilson

Representatives Oelslager, Latta, Core, Seitz

A BILL

To amend sections 109.60, 2151.022, 2152.02, 2919.22, 1
2925.01, 2925.04, 2925.041, 2925.14, 2925.52, and 2
4301.61 and to enact sections 2925.55, 2925.56, 3
2925.57, 2925.58, 2933.33, 3715.05, and 3715.06 of 4
the Revised Code to govern pseudoephedrine sales 5
in Ohio. 6

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

       Section 1. That sections 109.60, 2151.022, 2152.02, 2919.22, 7
2925.01, 2925.04, 2925.041, 2925.14, 2925.52, and 4301.61 be 8
amended and sections 2925.55, 2925.56, 2925.57, 2925.58, 2933.33, 9
3715.05, and 3715.06 of the Revised Code be enacted to read as 10
follows: 11

       Sec. 109.60. (A)(1) The sheriffs of the several counties and 12
the chiefs of police of cities, immediately upon the arrest of any 13
person for any felony, on suspicion of any felony, for a crime 14
constituting a misdemeanor on the first offense and a felony on 15
subsequent offenses, or for any misdemeanor described in division 16
(A)(1)(a) of section 109.572 of the Revised Code, and immediately 17
upon the arrest or taking into custody of any child under eighteen 18
years of age for committing an act that would be a felony or an 19
offense of violence if committed by an adult or upon probable 20
cause to believe that a child of that age may have committed an 21
act that would be a felony or an offense of violence if committed 22
by an adult, shall take the person's or child's fingerprints, or 23
cause the same to be taken, according to the fingerprint system of 24
identification on the forms furnished by the superintendent of the 25
bureau of criminal identification and investigation, and 26
immediately shall forward copies of the completed forms, any other 27
description that may be required, and the history of the offense 28
committed to the bureau to be classified and filed and to the 29
clerk of the court having jurisdiction over the prosecution of the 30
offense or over the adjudication relative to the act. 31

       (2) If a sheriff or chief of police has not taken, or caused 32
to be taken, a person's or child's fingerprints in accordance with 33
division (A)(1) of this section by the time of the arraignment or 34
first appearance of the person or child, the court shall order the 35
person or child to appear before the sheriff or chief of police 36
within twenty-four hours to have the person's or child's 37
fingerprints taken. The sheriff or chief of police shall take the 38
person's or child's fingerprints, or cause the fingerprints to be 39
taken, according to the fingerprint system of identification on 40
the forms furnished by the superintendent of the bureau of 41
criminal identification and investigation and, immediately after 42
the person's or child's arraignment or first appearance, forward 43
copies of the completed forms, any other description that may be 44
required, and the history of the offense committed to the bureau 45
to be classified and filed and to the clerk of the court. 46

       (3) Every court with jurisdiction over a case involving a 47
person or child with respect to whom division (A)(1) of this 48
section requires a sheriff or chief of police to take the person's 49
or child's fingerprints shall inquire at the time of the person's 50
or child's sentencing or adjudication whether or not the person or 51
child has been fingerprinted pursuant to division (A)(1) or (2) of 52
this section for the original arrest upon which the sentence or 53
adjudication is based. If the person or child was not 54
fingerprinted for the original arrest upon which the sentence or 55
adjudication is based, the court shall order the person or child 56
to appear before the sheriff or chief of police within twenty-four 57
hours to have the person's or child's fingerprints taken. The 58
sheriff or chief of police shall take the person's or child's 59
fingerprints, or cause the fingerprints to be taken, according to 60
the fingerprint system of identification on the forms furnished by 61
the superintendent of the bureau of criminal identification and 62
investigation and immediately forward copies of the completed 63
forms, any other description that may be required, and the history 64
of the offense committed to the bureau to be classified and filed 65
and to the clerk of the court. 66

       (4) If a person or child is in the custody of a law 67
enforcement agency or a detention facility, as defined in section 68
2921.01 of the Revised Code, and the chief law enforcement officer 69
or chief administrative officer of the detention facility 70
discovers that a warrant has been issued or a bill of information 71
has been filed alleging the person or child to have committed an 72
offense or act other than the offense or act for which the person 73
or child is in custody, and the other alleged offense or act is 74
one for which fingerprints are to be taken pursuant to division 75
(A)(1) of this section, the law enforcement agency or detention 76
facility shall take the fingerprints of the person or child, or 77
cause the fingerprints to be taken, according to the fingerprint 78
system of identification on the forms furnished by the 79
superintendent of the bureau of criminal identification and 80
investigation and immediately forward copies of the completed 81
forms, any other description that may be required, and the history 82
of the offense committed to the bureau to be classified and filed 83
and to the clerk of the court that issued the warrant or with 84
which the bill of information was filed. 85

       (5) If an accused is found not guilty of the offense charged 86
or a nolle prosequi is entered in any case, or if any accused 87
child under eighteen years of age is found not to be a delinquent 88
child for committing an act that would be a felony or an offense 89
of violence if committed by an adult or not guilty of the felony 90
or offense of violence charged or a nolle prosequi is entered in 91
that case, the fingerprints and description shall be given to the 92
accused upon the accused's request. 93

       (6) The superintendent shall compare the description received 94
with those already on file in the bureau, and, if the 95
superintendent finds that the person arrested or taken into 96
custody has a criminal record or a record as a delinquent child 97
for having committed an act that would be a felony or an offense 98
of violence if committed by an adult or is a fugitive from justice 99
or wanted by any jurisdiction in this or another state, the United 100
States, or a foreign country for any offense, the superintendent 101
at once shall inform the arresting officer, the officer taking the 102
person into custody, or the chief administrative officer of the 103
county, multicounty, municipal, municipal-county, or 104
multicounty-municipal jail or workhouse, community-based 105
correctional facility, halfway house, alternative residential 106
facility, or state correctional institution in which the person or 107
child is in custody of that fact and give appropriate notice to 108
the proper authorities in the jurisdiction in which the person is 109
wanted, or, if that jurisdiction is a foreign country, give 110
appropriate notice to federal authorities for transmission to the 111
foreign country. The names, under which each person whose 112
identification is filed is known, shall be alphabetically indexed 113
by the superintendent. 114

       (B) ~~This~~Division (A) of this section does not apply to a 115
violator of a city ordinance unless the officers have reason to 116
believe that the violator is a past offender or the crime is one 117
constituting a misdemeanor on the first offense and a felony on 118
subsequent offenses, or unless it is advisable for the purpose of 119
subsequent identification. This section does not apply to any 120
child under eighteen years of age who was not arrested or 121
otherwise taken into custody for committing an act that would be a 122
felony or an offense of violence if committed by an adult or upon 123
probable cause to believe that a child of that age may have 124
committed an act that would be a felony or an offense of violence 125
if committed by an adult, except as provided in section 2151.313 126
of the Revised Code. 127

       (C)(1) For purposes of division (C) of this section, a law 128
enforcement agency shall be considered to have arrested a person 129
if any law enforcement officer who is employed by, appointed by, 130
or serves that agency arrests the person. As used in division (C) 131
of this section: 132

        (a) "Illegal methamphetamine manufacturing laboratory" has 133
the same meaning as in section 3745.13 of the Revised Code. 134

        (b) "Methamphetamine or a methamphetamine product" means 135
methamphetamine, any salt, isomer, or salt of an isomer of 136
methamphetamine, or any compound, mixture, preparation, or 137
substance containing methamphetamine or any salt, isomer, or salt 138
of an isomer of methamphetamine. 139

        (2) Each law enforcement agency that, in any calendar year, 140
arrests any person for a violation of section 2925.04 of the 141
Revised Code that is based on the manufacture of methamphetamine 142
or a methamphetamine product, a violation of section 2925.041 of 143
the Revised Code that is based on the possession of chemicals 144
sufficient to produce methamphetamine or a methamphetamine 145
product, or a violation of any other provision of Chapter 2925. or 146
3719. of the Revised Code that is based on the possession of 147
chemicals sufficient to produce methamphetamine or a 148
methamphetamine product shall prepare an annual report covering 149
the calendar year that contains the information specified in 150
division (C)(3) of this section relative to all arrests for 151
violations of those sections committed under those circumstances 152
during that calendar year and relative to illegal methamphetamine 153
manufacturing laboratories, dump sites, and chemical caches as 154
specified in that division and shall send the annual report, not 155
later than the first day of March in the calendar year following 156
the calendar year covered by the report, to the bureau of criminal 157
identification and investigation. 158

       The law enforcement agency shall write any annual report 159
prepared and filed under this division on the standard forms 160
furnished by the superintendent of the bureau of criminal 161
identification and investigation pursuant to division (C)(4) of 162
this section. The annual report shall be a statistical report, and 163
nothing in the report or in the information it contains shall 164
identify, or enable the identification of, any person who was 165
arrested and whose arrest is included in the information contained 166
in the report. The annual report in the possession of the bureau 167
and the information it contains are public records for the purpose 168
of section 149.43 of the Revised Code. 169

        (3) The annual report prepared and filed by a law enforcement 170
agency under division (C)(2) of this section shall contain all of 171
the following information for the calendar year covered by the 172
report: 173

        (a) The total number of arrests made by the agency in that 174
calendar year for a violation of section 2925.04 of the Revised 175
Code that is based on the manufacture of methamphetamine or a 176
methamphetamine product, a violation of section 2925.041 of the 177
Revised Code that is based on the possession of chemicals 178
sufficient to produce methamphetamine or a methamphetamine 179
product, or a violation of any other provision of Chapter 2925. or 180
3719. of the Revised Code that is based on the possession of 181
chemicals sufficient to produce methamphetamine or a 182
methamphetamine product; 183

        (b) The total number of illegal methamphetamine manufacturing 184
laboratories at which one or more of the arrests reported under 185
division (C)(3)(a) of this section occurred, or that were 186
discovered in that calendar year within the territory served by 187
the agency but at which none of the arrests reported under 188
division (C)(3)(a) of this section occurred; 189

       (c) The total number of dump sites and chemical caches that 190
are, or that are reasonably believed to be, related to illegal 191
methamphetamine manufacturing and that were discovered in that 192
calendar year within the territory served by the agency. 193

        (4) The superintendent of the bureau of criminal 194
identification and investigation shall prepare and furnish to each 195
law enforcement agency in this state standard forms for making the 196
annual reports required by division (C)(2) of this section. The 197
standard forms that the superintendent prepares pursuant to this 198
division may be in a tangible format, in an electronic format, or 199
in both a tangible format and an electronic format. 200

        (5) The annual report required by division (C)(2) of this 201
section is separate from, and in addition to, any report, 202
materials, or information required under division (A) of this 203
section or under any other provision of sections 109.57 to 109.62 204
of the Revised Code. 205

       Sec. 2151.022. As used in this chapter, "unruly child" 206
includes any of the following: 207

       (A) Any child who does not submit to the reasonable control 208
of the child's parents, teachers, guardian, or custodian, by 209
reason of being wayward or habitually disobedient; 210

       (B) Any child who is an habitual truant from school and who 211
previously has not been adjudicated an unruly child for being an 212
habitual truant; 213

       (C) Any child who behaves in a manner as to injure or 214
endanger the child's own health or morals or the health or morals 215
of others; 216

       (D) Any child who violates a law, other than division (A) of 217
section 2923.211, division (C)(1) or (D) of section 2925.55 or 218
section 2151.87 of the Revised Code, that is applicable only to a 219
child. 220

       Sec. 2152.02. As used in this chapter: 221

       (A) "Act charged" means the act that is identified in a 222
complaint, indictment, or information alleging that a child is a 223
delinquent child. 224

       (B) "Admitted to a department of youth services facility" 225
includes admission to a facility operated, or contracted for, by 226
the department and admission to a comparable facility outside this 227
state by another state or the United States. 228

       (C)(1) "Child" means a person who is under eighteen years of 229
age, except as otherwise provided in divisions (C)(2) to (6) of 230
this section. 231

       (2) Subject to division (C)(3) of this section, any person 232
who violates a federal or state law or a municipal ordinance prior 233
to attaining eighteen years of age shall be deemed a "child" 234
irrespective of that person's age at the time the complaint with 235
respect to that violation is filed or the hearing on the complaint 236
is held. 237

       (3) Any person who, while under eighteen years of age, 238
commits an act that would be a felony if committed by an adult and 239
who is not taken into custody or apprehended for that act until 240
after the person attains twenty-one years of age is not a child in 241
relation to that act. 242

       (4) Any person whose case is transferred for criminal 243
prosecution pursuant to section 2152.12 of the Revised Code shall 244
be deemed after the transfer not to be a child in the transferred 245
case. 246

       (5) Any person whose case is transferred for criminal 247
prosecution pursuant to section 2152.12 of the Revised Code and 248
who subsequently is convicted of or pleads guilty to a felony in 249
that case, and any person who is adjudicated a delinquent child 250
for the commission of an act, who has a serious youthful offender 251
dispositional sentence imposed for the act pursuant to section 252
2152.13 of the Revised Code, and whose adult portion of the 253
dispositional sentence is invoked pursuant to section 2152.14 of 254
the Revised Code, shall be deemed after the transfer or invocation 255
not to be a child in any case in which a complaint is filed 256
against the person. 257

       (6) The juvenile court has jurisdiction over a person who is 258
adjudicated a delinquent child or juvenile traffic offender prior 259
to attaining eighteen years of age until the person attains 260
twenty-one years of age, and, for purposes of that jurisdiction 261
related to that adjudication, except as otherwise provided in this 262
division, a person who is so adjudicated a delinquent child or 263
juvenile traffic offender shall be deemed a "child" until the 264
person attains twenty-one years of age. If a person is so 265
adjudicated a delinquent child or juvenile traffic offender and 266
the court makes a disposition of the person under this chapter, at 267
any time after the person attains eighteen years of age, the 268
places at which the person may be held under that disposition are 269
not limited to places authorized under this chapter solely for 270
confinement of children, and the person may be confined under that 271
disposition, in accordance with division (F)(2) of section 2152.26 272
of the Revised Code, in places other than those authorized under 273
this chapter solely for confinement of children. 274

       (D) "Chronic truant" means any child of compulsory school age 275
who is absent without legitimate excuse for absence from the 276
public school the child is supposed to attend for seven or more 277
consecutive school days, ten or more school days in one school 278
month, or fifteen or more school days in a school year. 279

       (E) "Community corrections facility," "public safety beds," 280
"release authority," and "supervised release" have the same 281
meanings as in section 5139.01 of the Revised Code. 282

       (F) "Delinquent child" includes any of the following: 283

       (1) Any child, except a juvenile traffic offender, who 284
violates any law of this state or the United States, or any 285
ordinance of a political subdivision of the state, that would be 286
an offense if committed by an adult; 287

       (2) Any child who violates any lawful order of the court made 288
under this chapter or under Chapter 2151. of the Revised Code 289
other than an order issued under section 2151.87 of the Revised 290
Code; 291

       (3) Any child who violates division (A) of section 2923.211 292
or division (C)(1) or (D) of section 2925.55 of the Revised Code; 293

       (4) Any child who is a habitual truant and who previously has 294
been adjudicated an unruly child for being a habitual truant; 295

       (5) Any child who is a chronic truant. 296

       (G) "Discretionary serious youthful offender" means a person 297
who is eligible for a discretionary SYO and who is not transferred 298
to adult court under a mandatory or discretionary transfer. 299

       (H) "Discretionary SYO" means a case in which the juvenile 300
court, in the juvenile court's discretion, may impose a serious 301
youthful offender disposition under section 2152.13 of the Revised 302
Code. 303

       (I) "Discretionary transfer" means that the juvenile court 304
has discretion to transfer a case for criminal prosecution under 305
division (B) of section 2152.12 of the Revised Code. 306

       (J) "Drug abuse offense," "felony drug abuse offense," and 307
"minor drug possession offense" have the same meanings as in 308
section 2925.01 of the Revised Code. 309

       (K) "Electronic monitoring" and "electronic monitoring 310
device" have the same meanings as in section 2929.01 of the 311
Revised Code. 312

       (L) "Economic loss" means any economic detriment suffered by 313
a victim of a delinquent act or juvenile traffic offense as a 314
direct and proximate result of the delinquent act or juvenile 315
traffic offense and includes any loss of income due to lost time 316
at work because of any injury caused to the victim and any 317
property loss, medical cost, or funeral expense incurred as a 318
result of the delinquent act or juvenile traffic offense. 319
"Economic loss" does not include non-economic loss or any punitive 320
or exemplary damages. 321

       (M) "Firearm" has the same meaning as in section 2923.11 of 322
the Revised Code. 323

       (N) "Juvenile traffic offender" means any child who violates 324
any traffic law, traffic ordinance, or traffic regulation of this 325
state, the United States, or any political subdivision of this 326
state, other than a resolution, ordinance, or regulation of a 327
political subdivision of this state the violation of which is 328
required to be handled by a parking violations bureau or a joint 329
parking violations bureau pursuant to Chapter 4521. of the Revised 330
Code. 331

       (O) A "legitimate excuse for absence from the public school 332
the child is supposed to attend" has the same meaning as in 333
section 2151.011 of the Revised Code. 334

       (P) "Mandatory serious youthful offender" means a person who 335
is eligible for a mandatory SYO and who is not transferred to 336
adult court under a mandatory or discretionary transfer. 337

       (Q) "Mandatory SYO" means a case in which the juvenile court 338
is required to impose a mandatory serious youthful offender 339
disposition under section 2152.13 of the Revised Code. 340

       (R) "Mandatory transfer" means that a case is required to be 341
transferred for criminal prosecution under division (A) of section 342
2152.12 of the Revised Code. 343

       (S) "Mental illness" has the same meaning as in section 344
5122.01 of the Revised Code. 345

       (T) "Mentally retarded person" has the same meaning as in 346
section 5123.01 of the Revised Code. 347

       (U) "Monitored time" and "repeat violent offender" have the 348
same meanings as in section 2929.01 of the Revised Code. 349

       (V) "Of compulsory school age" has the same meaning as in 350
section 3321.01 of the Revised Code. 351

       (W) "Public record" has the same meaning as in section 149.43 352
of the Revised Code. 353

       (X) "Serious youthful offender" means a person who is 354
eligible for a mandatory SYO or discretionary SYO but who is not 355
transferred to adult court under a mandatory or discretionary 356
transfer. 357

       (Y) "Sexually oriented offense," "habitual sex offender," 358
"juvenile offender registrant," "sexual predator," "presumptive 359
registration-exempt sexually oriented offense," 360
"registration-exempt sexually oriented offense," "child-victim 361
oriented offense," "habitual child-victim offender," and 362
"child-victim predator" have the same meanings as in section 363
2950.01 of the Revised Code. 364

       (Z) "Traditional juvenile" means a case that is not 365
transferred to adult court under a mandatory or discretionary 366
transfer, that is eligible for a disposition under sections 367
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and 368
that is not eligible for a disposition under section 2152.13 of 369
the Revised Code. 370

       (AA) "Transfer" means the transfer for criminal prosecution 371
of a case involving the alleged commission by a child of an act 372
that would be an offense if committed by an adult from the 373
juvenile court to the appropriate court that has jurisdiction of 374
the offense. 375

       (BB) "Category one offense" means any of the following: 376

       (1) A violation of section 2903.01 or 2903.02 of the Revised 377
Code; 378

       (2) A violation of section 2923.02 of the Revised Code 379
involving an attempt to commit aggravated murder or murder. 380

       (CC) "Category two offense" means any of the following: 381

       (1) A violation of section 2903.03, 2905.01, 2907.02, 382
2909.02, 2911.01, or 2911.11 of the Revised Code; 383

       (2) A violation of section 2903.04 of the Revised Code that 384
is a felony of the first degree; 385

       (3) A violation of section 2907.12 of the Revised Code as it 386
existed prior to September 3, 1996. 387

       (DD) "Non-economic loss" means nonpecuniary harm suffered by 388
a victim of a delinquent act or juvenile traffic offense as a 389
result of or related to the delinquent act or juvenile traffic 390
offense, including, but not limited to, pain and suffering; loss 391
of society, consortium, companionship, care, assistance, 392
attention, protection, advice, guidance, counsel, instruction, 393
training, or education; mental anguish; and any other intangible 394
loss. 395

       Sec. 2919.22. (A) No person, who is the parent, guardian, 396
custodian, person having custody or control, or person in loco 397
parentis of a child under eighteen years of age or a mentally or 398
physically handicapped child under twenty-one years of age, shall 399
create a substantial risk to the health or safety of the child, by 400
violating a duty of care, protection, or support. It is not a 401
violation of a duty of care, protection, or support under this 402
division when the parent, guardian, custodian, or person having 403
custody or control of a child treats the physical or mental 404
illness or defect of the child by spiritual means through prayer 405
alone, in accordance with the tenets of a recognized religious 406
body. 407

       (B) No person shall do any of the following to a child under 408
eighteen years of age or a mentally or physically handicapped 409
child under twenty-one years of age: 410

       (1) Abuse the child; 411

       (2) Torture or cruelly abuse the child; 412

       (3) Administer corporal punishment or other physical 413
disciplinary measure, or physically restrain the child in a cruel 414
manner or for a prolonged period, which punishment, discipline, or 415
restraint is excessive under the circumstances and creates a 416
substantial risk of serious physical harm to the child; 417

       (4) Repeatedly administer unwarranted disciplinary measures 418
to the child, when there is a substantial risk that such conduct, 419
if continued, will seriously impair or retard the child's mental 420
health or development; 421

       (5) Entice, coerce, permit, encourage, compel, hire, employ, 422
use, or allow the child to act, model, or in any other way 423
participate in, or be photographed for, the production, 424
presentation, dissemination, or advertisement of any material or 425
performance that the offender knows or reasonably should know is 426
obscene, is sexually oriented matter, or is nudity-oriented 427
matter; 428

       (6) Allow the child to be on the same parcel of real property 429
and within one hundred feet of, or, in the case of more than one 430
housing unit on the same parcel of real property, in the same 431
housing unit and within one hundred feet of, any act in violation 432
of section 2925.04 or 2925.041 of the Revised Code when the person 433
knows that the act is occurring, whether or not any person is 434
prosecuted for or convicted of the violation of section 2925.04 or 435
2925.041 of the Revised Code that is the basis of the violation of 436
this division. 437

       (C)(1) No person shall operate a vehicle, streetcar, or 438
trackless trolley within this state in violation of division (A) 439
of section 4511.19 of the Revised Code when one or more children 440
under eighteen years of age are in the vehicle, streetcar, or 441
trackless trolley. Notwithstanding any other provision of law, a 442
person may be convicted at the same trial or proceeding of a 443
violation of this division and a violation of division (A) of 444
section 4511.19 of the Revised Code that constitutes the basis of 445
the charge of the violation of this division. For purposes of 446
sections 4511.191 to 4511.197 of the Revised Code and all related 447
provisions of law, a person arrested for a violation of this 448
division shall be considered to be under arrest for operating a 449
vehicle while under the influence of alcohol, a drug of abuse, or 450
a combination of them or for operating a vehicle with a prohibited 451
concentration of alcohol in the whole blood, blood serum or 452
plasma, breath, or urine. 453

       (2) As used in division (C)(1) of this section, "vehicle," 454
"streetcar," and "trackless trolley" have the same meanings as in 455
section 4511.01 of the Revised Code. 456

       (D)(1) Division (B)(5) of this section does not apply to any 457
material or performance that is produced, presented, or 458
disseminated for a bona fide medical, scientific, educational, 459
religious, governmental, judicial, or other proper purpose, by or 460
to a physician, psychologist, sociologist, scientist, teacher, 461
person pursuing bona fide studies or research, librarian, member 462
of the clergy, prosecutor, judge, or other person having a proper 463
interest in the material or performance. 464

       (2) Mistake of age is not a defense to a charge under 465
division (B)(5) of this section. 466

       (3) In a prosecution under division (B)(5) of this section, 467
the trier of fact may infer that an actor, model, or participant 468
in the material or performance involved is a juvenile if the 469
material or performance, through its title, text, visual 470
representation, or otherwise, represents or depicts the actor, 471
model, or participant as a juvenile. 472

       (4) As used in this division and division (B)(5) of this 473
section: 474

       (a) "Material," "performance," "obscene," and "sexual 475
activity" have the same meanings as in section 2907.01 of the 476
Revised Code. 477

       (b) "Nudity-oriented matter" means any material or 478
performance that shows a minor in a state of nudity and that, 479
taken as a whole by the average person applying contemporary 480
community standards, appeals to prurient interest. 481

       (c) "Sexually oriented matter" means any material or 482
performance that shows a minor participating or engaging in sexual 483
activity, masturbation, or bestiality. 484

       (E)(1) Whoever violates this section is guilty of endangering 485
children. 486

       (2) If the offender violates division (A) or (B)(1) of this 487
section, endangering children is one of the following: 488

       (a) Except as otherwise provided in division (E)(2)(b), (c), 489
or (d) of this section, a misdemeanor of the first degree; 490

       (b) If the offender previously has been convicted of an 491
offense under this section or of any offense involving neglect, 492
abandonment, contributing to the delinquency of, or physical abuse 493
of a child, except as otherwise provided in division (E)(2)(c) or 494
(d) of this section, a felony of the fourth degree; 495

       (c) If the violation is a violation of division (A) of this 496
section and results in serious physical harm to the child 497
involved, a felony of the third degree; 498

       (d) If the violation is a violation of division (B)(1) of 499
this section and results in serious physical harm to the child 500
involved, a felony of the second degree. 501

       (3) If the offender violates division (B)(2), (3), (4), or 502
(6) of this section, except as otherwise provided in this 503
division, endangering children is a felony of the third degree. If 504
the violation results in serious physical harm to the child 505
involved, or if the offender previously has been convicted of an 506
offense under this section or of any offense involving neglect, 507
abandonment, contributing to the delinquency of, or physical abuse 508
of a child, endangering children is a felony of the second degree. 509
If the offender violates division (B)(6) of this section and the 510
drug involved is methamphetamine, the court shall impose a 511
mandatory prison term on the offender as follows: 512

       (a) If the violation is a violation of division (B)(6) of 513
this section that is a felony of the third degree under division 514
(E)(3) of this section and the drug involved is methamphetamine, 515
except as otherwise provided in this division, the court shall 516
impose as a mandatory prison term one of the prison terms 517
prescribed for a felony of the third degree that is not less than 518
two years. If the violation is a violation of division (B)(6) of 519
this section that is a felony of the third degree under division 520
(E)(3) of this section, if the drug involved is methamphetamine, 521
and if the offender previously has been convicted of or pleaded 522
guilty to a violation of division (B)(6) of this section, a 523
violation of division (A) of section 2925.04 of the Revised Code, 524
or a violation of division (A) of section 2925.041 of the Revised 525
Code, the court shall impose as a mandatory prison term one of the 526
prison terms prescribed for a felony of the third degree that is 527
not less than five years. 528

       (b) If the violation is a violation of division (B)(6) of 529
this section that is a felony of the second degree under division 530
(E)(3) of this section and the drug involved is methamphetamine, 531
except as otherwise provided in this division, the court shall 532
impose as a mandatory prison term one of the prison terms 533
prescribed for a felony of the second degree that is not less than 534
three years. If the violation is a violation of division (B)(6) of 535
this section that is a felony of the second degree under division 536
(E)(3) of this section, if the drug involved is methamphetamine, 537
and if the offender previously has been convicted of or pleaded 538
guilty to a violation of division (B)(6) of this section, a 539
violation of division (A) of section 2925.04 of the Revised Code, 540
or a violation of division (A) of section 2925.041 of the Revised 541
Code, the court shall impose as a mandatory prison term one of the 542
prison terms prescribed for a felony of the second degree that is 543
not less than five years. 544

       (4) If the offender violates division (B)(5) of this section, 545
endangering children is a felony of the second degree. 546

       (5) If the offender violates division (C) of this section, 547
the offender shall be punished as follows: 548

       (a) Except as otherwise provided in division (E)(5)(b) or (c) 549
of this section, endangering children in violation of division (C) 550
of this section is a misdemeanor of the first degree. 551

       (b) If the violation results in serious physical harm to the 552
child involved or the offender previously has been convicted of an 553
offense under this section or any offense involving neglect, 554
abandonment, contributing to the delinquency of, or physical abuse 555
of a child, except as otherwise provided in division (E)(5)(c) of 556
this section, endangering children in violation of division (C) of 557
this section is a felony of the fifth degree. 558

       (c) If the violation results in serious physical harm to the 559
child involved and if the offender previously has been convicted 560
of a violation of division (C) of this section, section 2903.06 or 561
2903.08 of the Revised Code, section 2903.07 of the Revised Code 562
as it existed prior to March 23, 2000, or section 2903.04 of the 563
Revised Code in a case in which the offender was subject to the 564
sanctions described in division (D) of that section, endangering 565
children in violation of division (C) of this section is a felony 566
of the fourth degree. 567

       (d) In addition to any term of imprisonment, fine, or other 568
sentence, penalty, or sanction it imposes upon the offender 569
pursuant to division (E)(5)(a), (b), or (c) of this section or 570
pursuant to any other provision of law and in addition to any 571
suspension of the offender's driver's or commercial driver's 572
license or permit or nonresident operating privilege under Chapter 573
4506., 4509., 4510., or 4511. of the Revised Code or under any 574
other provision of law, the court also may impose upon the 575
offender a class seven suspension of the offender's driver's or 576
commercial driver's license or permit or nonresident operating 577
privilege from the range specified in division (A)(7) of section 578
4510.02 of the Revised Code. 579

       (e) In addition to any term of imprisonment, fine, or other 580
sentence, penalty, or sanction imposed upon the offender pursuant 581
to division (E)(5)(a), (b), (c), or (d) of this section or 582
pursuant to any other provision of law for the violation of 583
division (C) of this section, if as part of the same trial or 584
proceeding the offender also is convicted of or pleads guilty to a 585
separate charge charging the violation of division (A) of section 586
4511.19 of the Revised Code that was the basis of the charge of 587
the violation of division (C) of this section, the offender also 588
shall be sentenced in accordance with section 4511.19 of the 589
Revised Code for that violation of division (A) of section 4511.19 590
of the Revised Code. 591

       (F)(1)(a) A court may require an offender to perform not more 592
than two hundred hours of supervised community service work under 593
the authority of an agency, subdivision, or charitable 594
organization. The requirement shall be part of the community 595
control sanction or sentence of the offender, and the court shall 596
impose the community service in accordance with and subject to 597
divisions (F)(1)(a) and (b) of this section. The court may require 598
an offender whom it requires to perform supervised community 599
service work as part of the offender's community control sanction 600
or sentence to pay the court a reasonable fee to cover the costs 601
of the offender's participation in the work, including, but not 602
limited to, the costs of procuring a policy or policies of 603
liability insurance to cover the period during which the offender 604
will perform the work. If the court requires the offender to 605
perform supervised community service work as part of the 606
offender's community control sanction or sentence, the court shall 607
do so in accordance with the following limitations and criteria: 608

       (i) The court shall require that the community service work 609
be performed after completion of the term of imprisonment or jail 610
term imposed upon the offender for the violation of division (C) 611
of this section, if applicable. 612

       (ii) The supervised community service work shall be subject 613
to the limitations set forth in divisions (B)(1), (2), and (3) of 614
section 2951.02 of the Revised Code. 615

       (iii) The community service work shall be supervised in the 616
manner described in division (B)(4) of section 2951.02 of the 617
Revised Code by an official or person with the qualifications 618
described in that division. The official or person periodically 619
shall report in writing to the court concerning the conduct of the 620
offender in performing the work. 621

       (iv) The court shall inform the offender in writing that if 622
the offender does not adequately perform, as determined by the 623
court, all of the required community service work, the court may 624
order that the offender be committed to a jail or workhouse for a 625
period of time that does not exceed the term of imprisonment that 626
the court could have imposed upon the offender for the violation 627
of division (C) of this section, reduced by the total amount of 628
time that the offender actually was imprisoned under the sentence 629
or term that was imposed upon the offender for that violation and 630
by the total amount of time that the offender was confined for any 631
reason arising out of the offense for which the offender was 632
convicted and sentenced as described in sections 2949.08 and 633
2967.191 of the Revised Code, and that, if the court orders that 634
the offender be so committed, the court is authorized, but not 635
required, to grant the offender credit upon the period of the 636
commitment for the community service work that the offender 637
adequately performed. 638

       (b) If a court, pursuant to division (F)(1)(a) of this 639
section, orders an offender to perform community service work as 640
part of the offender's community control sanction or sentence and 641
if the offender does not adequately perform all of the required 642
community service work, as determined by the court, the court may 643
order that the offender be committed to a jail or workhouse for a 644
period of time that does not exceed the term of imprisonment that 645
the court could have imposed upon the offender for the violation 646
of division (C) of this section, reduced by the total amount of 647
time that the offender actually was imprisoned under the sentence 648
or term that was imposed upon the offender for that violation and 649
by the total amount of time that the offender was confined for any 650
reason arising out of the offense for which the offender was 651
convicted and sentenced as described in sections 2949.08 and 652
2967.191 of the Revised Code. The court may order that a person 653
committed pursuant to this division shall receive hour-for-hour 654
credit upon the period of the commitment for the community service 655
work that the offender adequately performed. No commitment 656
pursuant to this division shall exceed the period of the term of 657
imprisonment that the sentencing court could have imposed upon the 658
offender for the violation of division (C) of this section, 659
reduced by the total amount of time that the offender actually was 660
imprisoned under that sentence or term and by the total amount of 661
time that the offender was confined for any reason arising out of 662
the offense for which the offender was convicted and sentenced as 663
described in sections 2949.08 and 2967.191 of the Revised Code. 664

       (2) Division (F)(1) of this section does not limit or affect 665
the authority of the court to suspend the sentence imposed upon a 666
misdemeanor offender and place the offender under a community 667
control sanction pursuant to section 2929.25 of the Revised Code, 668
to require a misdemeanor or felony offender to perform supervised 669
community service work in accordance with division (B) of section 670
2951.02 of the Revised Code, or to place a felony offender under a 671
community control sanction. 672

       (G)(1) If a court suspends an offender's driver's or 673
commercial driver's license or permit or nonresident operating 674
privilege under division (E)(5)(d) of this section, the period of 675
the suspension shall be consecutive to, and commence after, the 676
period of suspension of the offender's driver's or commercial 677
driver's license or permit or nonresident operating privilege that 678
is imposed under Chapter 4506., 4509., 4510., or 4511. of the 679
Revised Code or under any other provision of law in relation to 680
the violation of division (C) of this section that is the basis of 681
the suspension under division (E)(5)(d) of this section or in 682
relation to the violation of division (A) of section 4511.19 of 683
the Revised Code that is the basis for that violation of division 684
(C) of this section. 685

       (2) An offender is not entitled to request, and the court 686
shall not grant to the offender, limited driving privileges if the 687
offender's license, permit, or privilege has been suspended under 688
division (E)(5)(d) of this section and the offender, within the 689
preceding six years, has been convicted of or pleaded guilty to 690
three or more violations of one or more of the following: 691

       (a) Division (C) of this section; 692

       (b) Any equivalent offense, as defined in section 4511.181 of 693
the Revised Code. 694

       (H)(1) If a person violates division (C) of this section and 695
if, at the time of the violation, there were two or more children 696
under eighteen years of age in the motor vehicle involved in the 697
violation, the offender may be convicted of a violation of 698
division (C) of this section for each of the children, but the 699
court may sentence the offender for only one of the violations. 700

       (2)(a) If a person is convicted of or pleads guilty to a 701
violation of division (C) of this section but the person is not 702
also convicted of and does not also plead guilty to a separate 703
charge charging the violation of division (A) of section 4511.19 704
of the Revised Code that was the basis of the charge of the 705
violation of division (C) of this section, both of the following 706
apply: 707

       (i) For purposes of the provisions of section 4511.19 of the 708
Revised Code that set forth the penalties and sanctions for a 709
violation of division (A) of section 4511.19 of the Revised Code, 710
the conviction of or plea of guilty to the violation of division 711
(C) of this section shall not constitute a violation of division 712
(A) of section 4511.19 of the Revised Code; 713

       (ii) For purposes of any provision of law that refers to a 714
conviction of or plea of guilty to a violation of division (A) of 715
section 4511.19 of the Revised Code and that is not described in 716
division (H)(2)(a)(i) of this section, the conviction of or plea 717
of guilty to the violation of division (C) of this section shall 718
constitute a conviction of or plea of guilty to a violation of 719
division (A) of section 4511.19 of the Revised Code. 720

       (b) If a person is convicted of or pleads guilty to a 721
violation of division (C) of this section and the person also is 722
convicted of or pleads guilty to a separate charge charging the 723
violation of division (A) of section 4511.19 of the Revised Code 724
that was the basis of the charge of the violation of division (C) 725
of this section, the conviction of or plea of guilty to the 726
violation of division (C) of this section shall not constitute, 727
for purposes of any provision of law that refers to a conviction 728
of or plea of guilty to a violation of division (A) of section 729
4511.19 of the Revised Code, a conviction of or plea of guilty to 730
a violation of division (A) of section 4511.19 of the Revised 731
Code. 732

       (I) As used in this section: 733

       (1) "Community control sanction" has the same meaning as in 734
section 2929.01 of the Revised Code; 735

       (2) "Limited driving privileges" has the same meaning as in 736
section 4501.01 of the Revised Code; 737

       (3) "Methamphetamine" has the same meaning as in section 738
2925.01 of the Revised Code. 739

       Sec. 2925.01. As used in this chapter: 740

       (A) "Administer," "controlled substance," "dispense," 741
"distribute," "hypodermic," "manufacturer," "official written 742
order," "person," "pharmacist," "pharmacy," "sale," "schedule I," 743
"schedule II," "schedule III," "schedule IV," "schedule V," and 744
"wholesaler" have the same meanings as in section 3719.01 of the 745
Revised Code. 746

       (B) "Drug dependent person" and "drug of abuse" have the same 747
meanings as in section 3719.011 of the Revised Code. 748

       (C) "Drug," "dangerous drug," "licensed health professional 749
authorized to prescribe drugs," and "prescription" have the same 750
meanings as in section 4729.01 of the Revised Code. 751

       (D) "Bulk amount" of a controlled substance means any of the 752
following: 753

       (1) For any compound, mixture, preparation, or substance 754
included in schedule I, schedule II, or schedule III, with the 755
exception of marihuana, cocaine, L.S.D., heroin, and hashish and 756
except as provided in division (D)(2) or (5) of this section, 757
whichever of the following is applicable: 758

       (a) An amount equal to or exceeding ten grams or twenty-five 759
unit doses of a compound, mixture, preparation, or substance that 760
is or contains any amount of a schedule I opiate or opium 761
derivative; 762

       (b) An amount equal to or exceeding ten grams of a compound, 763
mixture, preparation, or substance that is or contains any amount 764
of raw or gum opium; 765

       (c) An amount equal to or exceeding thirty grams or ten unit 766
doses of a compound, mixture, preparation, or substance that is or 767
contains any amount of a schedule I hallucinogen other than 768
tetrahydrocannabinol or lysergic acid amide, or a schedule I 769
stimulant or depressant; 770

       (d) An amount equal to or exceeding twenty grams or five 771
times the maximum daily dose in the usual dose range specified in 772
a standard pharmaceutical reference manual of a compound, mixture, 773
preparation, or substance that is or contains any amount of a 774
schedule II opiate or opium derivative; 775

       (e) An amount equal to or exceeding five grams or ten unit 776
doses of a compound, mixture, preparation, or substance that is or 777
contains any amount of phencyclidine; 778

       (f) An amount equal to or exceeding one hundred twenty grams 779
or thirty times the maximum daily dose in the usual dose range 780
specified in a standard pharmaceutical reference manual of a 781
compound, mixture, preparation, or substance that is or contains 782
any amount of a schedule II stimulant that is in a final dosage 783
form manufactured by a person authorized by the "Federal Food, 784
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as 785
amended, and the federal drug abuse control laws, as defined in 786
section 3719.01 of the Revised Code, that is or contains any 787
amount of a schedule II depressant substance or a schedule II 788
hallucinogenic substance; 789

       (g) An amount equal to or exceeding three grams of a 790
compound, mixture, preparation, or substance that is or contains 791
any amount of a schedule II stimulant, or any of its salts or 792
isomers, that is not in a final dosage form manufactured by a 793
person authorized by the Federal Food, Drug, and Cosmetic Act and 794
the federal drug abuse control laws. 795

       (2) An amount equal to or exceeding one hundred twenty grams 796
or thirty times the maximum daily dose in the usual dose range 797
specified in a standard pharmaceutical reference manual of a 798
compound, mixture, preparation, or substance that is or contains 799
any amount of a schedule III or IV substance other than an 800
anabolic steroid or a schedule III opiate or opium derivative; 801

       (3) An amount equal to or exceeding twenty grams or five 802
times the maximum daily dose in the usual dose range specified in 803
a standard pharmaceutical reference manual of a compound, mixture, 804
preparation, or substance that is or contains any amount of a 805
schedule III opiate or opium derivative; 806

       (4) An amount equal to or exceeding two hundred fifty 807
milliliters or two hundred fifty grams of a compound, mixture, 808
preparation, or substance that is or contains any amount of a 809
schedule V substance; 810

       (5) An amount equal to or exceeding two hundred solid dosage 811
units, sixteen grams, or sixteen milliliters of a compound, 812
mixture, preparation, or substance that is or contains any amount 813
of a schedule III anabolic steroid. 814

       (E) "Unit dose" means an amount or unit of a compound, 815
mixture, or preparation containing a controlled substance that is 816
separately identifiable and in a form that indicates that it is 817
the amount or unit by which the controlled substance is separately 818
administered to or taken by an individual. 819

       (F) "Cultivate" includes planting, watering, fertilizing, or 820
tilling. 821

       (G) "Drug abuse offense" means any of the following: 822

       (1) A violation of division (A) of section 2913.02 that 823
constitutes theft of drugs, or a violation of section 2925.02, 824
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 825
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or 826
2925.37 of the Revised Code; 827

       (2) A violation of an existing or former law of this or any 828
other state or of the United States that is substantially 829
equivalent to any section listed in division (G)(1) of this 830
section; 831

       (3) An offense under an existing or former law of this or any 832
other state, or of the United States, of which planting, 833
cultivating, harvesting, processing, making, manufacturing, 834
producing, shipping, transporting, delivering, acquiring, 835
possessing, storing, distributing, dispensing, selling, inducing 836
another to use, administering to another, using, or otherwise 837
dealing with a controlled substance is an element; 838

       (4) A conspiracy to commit, attempt to commit, or complicity 839
in committing or attempting to commit any offense under division 840
(G)(1), (2), or (3) of this section. 841

       (H) "Felony drug abuse offense" means any drug abuse offense 842
that would constitute a felony under the laws of this state, any 843
other state, or the United States. 844

       (I) "Harmful intoxicant" does not include beer or 845
intoxicating liquor but means any of the following: 846

       (1) Any compound, mixture, preparation, or substance the gas, 847
fumes, or vapor of which when inhaled can induce intoxication, 848
excitement, giddiness, irrational behavior, depression, 849
stupefaction, paralysis, unconsciousness, asphyxiation, or other 850
harmful physiological effects, and includes, but is not limited 851
to, any of the following: 852

       (a) Any volatile organic solvent, plastic cement, model 853
cement, fingernail polish remover, lacquer thinner, cleaning 854
fluid, gasoline, or other preparation containing a volatile 855
organic solvent; 856

       (b) Any aerosol propellant; 857

       (c) Any fluorocarbon refrigerant; 858

       (d) Any anesthetic gas. 859

       (2) Gamma Butyrolactone; 860

       (3) 1,4 Butanediol. 861

       (J) "Manufacture" means to plant, cultivate, harvest, 862
process, make, prepare, or otherwise engage in any part of the 863
production of a drug, by propagation, extraction, chemical 864
synthesis, or compounding, or any combination of the same, and 865
includes packaging, repackaging, labeling, and other activities 866
incident to production. 867

       (K) "Possess" or "possession" means having control over a 868
thing or substance, but may not be inferred solely from mere 869
access to the thing or substance through ownership or occupation 870
of the premises upon which the thing or substance is found. 871

       (L) "Sample drug" means a drug or pharmaceutical preparation 872
that would be hazardous to health or safety if used without the 873
supervision of a licensed health professional authorized to 874
prescribe drugs, or a drug of abuse, and that, at one time, had 875
been placed in a container plainly marked as a sample by a 876
manufacturer. 877

       (M) "Standard pharmaceutical reference manual" means the 878
current edition, with cumulative changes if any, of any of the 879
following reference works: 880

       (1) "The National Formulary"; 881

       (2) "The United States Pharmacopeia," prepared by authority 882
of the United States Pharmacopeial Convention, Inc.; 883

       (3) Other standard references that are approved by the state 884
board of pharmacy. 885

       (N) "Juvenile" means a person under eighteen years of age. 886

       (O) "Counterfeit controlled substance" means any of the 887
following: 888

       (1) Any drug that bears, or whose container or label bears, a 889
trademark, trade name, or other identifying mark used without 890
authorization of the owner of rights to that trademark, trade 891
name, or identifying mark; 892

       (2) Any unmarked or unlabeled substance that is represented 893
to be a controlled substance manufactured, processed, packed, or 894
distributed by a person other than the person that manufactured, 895
processed, packed, or distributed it; 896

       (3) Any substance that is represented to be a controlled 897
substance but is not a controlled substance or is a different 898
controlled substance; 899

       (4) Any substance other than a controlled substance that a 900
reasonable person would believe to be a controlled substance 901
because of its similarity in shape, size, and color, or its 902
markings, labeling, packaging, distribution, or the price for 903
which it is sold or offered for sale. 904

       (P) An offense is "committed in the vicinity of a school" if 905
the offender commits the offense on school premises, in a school 906
building, or within one thousand feet of the boundaries of any 907
school premises, regardless of whether the offender knows the 908
offense is being committed on school premises, in a school 909
building, or within one thousand feet of the boundaries of any 910
school premises. 911

       (Q) "School" means any school operated by a board of 912
education, any community school established under Chapter 3314. of 913
the Revised Code, or any nonpublic school for which the state 914
board of education prescribes minimum standards under section 915
3301.07 of the Revised Code, whether or not any instruction, 916
extracurricular activities, or training provided by the school is 917
being conducted at the time a criminal offense is committed. 918

       (R) "School premises" means either of the following: 919

       (1) The parcel of real property on which any school is 920
situated, whether or not any instruction, extracurricular 921
activities, or training provided by the school is being conducted 922
on the premises at the time a criminal offense is committed; 923

       (2) Any other parcel of real property that is owned or leased 924
by a board of education of a school, the governing authority of a 925
community school established under Chapter 3314. of the Revised 926
Code, or the governing body of a nonpublic school for which the 927
state board of education prescribes minimum standards under 928
section 3301.07 of the Revised Code and on which some of the 929
instruction, extracurricular activities, or training of the school 930
is conducted, whether or not any instruction, extracurricular 931
activities, or training provided by the school is being conducted 932
on the parcel of real property at the time a criminal offense is 933
committed. 934

       (S) "School building" means any building in which any of the 935
instruction, extracurricular activities, or training provided by a 936
school is conducted, whether or not any instruction, 937
extracurricular activities, or training provided by the school is 938
being conducted in the school building at the time a criminal 939
offense is committed. 940

       (T) "Disciplinary counsel" means the disciplinary counsel 941
appointed by the board of commissioners on grievances and 942
discipline of the supreme court under the Rules for the Government 943
of the Bar of Ohio. 944

       (U) "Certified grievance committee" means a duly constituted 945
and organized committee of the Ohio state bar association or of 946
one or more local bar associations of the state of Ohio that 947
complies with the criteria set forth in Rule V, section 6 of the 948
Rules for the Government of the Bar of Ohio. 949

       (V) "Professional license" means any license, permit, 950
certificate, registration, qualification, admission, temporary 951
license, temporary permit, temporary certificate, or temporary 952
registration that is described in divisions (W)(1) to (36) of this 953
section and that qualifies a person as a professionally licensed 954
person. 955

       (W) "Professionally licensed person" means any of the 956
following: 957

       (1) A person who has obtained a license as a manufacturer of 958
controlled substances or a wholesaler of controlled substances 959
under Chapter 3719. of the Revised Code; 960

       (2) A person who has received a certificate or temporary 961
certificate as a certified public accountant or who has registered 962
as a public accountant under Chapter 4701. of the Revised Code and 963
who holds an Ohio permit issued under that chapter; 964

       (3) A person who holds a certificate of qualification to 965
practice architecture issued or renewed and registered under 966
Chapter 4703. of the Revised Code; 967

       (4) A person who is registered as a landscape architect under 968
Chapter 4703. of the Revised Code or who holds a permit as a 969
landscape architect issued under that chapter; 970

       (5) A person licensed under Chapter 4707. of the Revised 971
Code; 972

       (6) A person who has been issued a certificate of 973
registration as a registered barber under Chapter 4709. of the 974
Revised Code; 975

       (7) A person licensed and regulated to engage in the business 976
of a debt pooling company by a legislative authority, under 977
authority of Chapter 4710. of the Revised Code; 978

       (8) A person who has been issued a cosmetologist's license, 979
hair designer's license, manicurist's license, esthetician's 980
license, natural hair stylist's license, managing cosmetologist's 981
license, managing hair designer's license, managing manicurist's 982
license, managing esthetician's license, managing natural hair 983
stylist's license, cosmetology instructor's license, hair design 984
instructor's license, manicurist instructor's license, esthetics 985
instructor's license, natural hair style instructor's license, 986
independent contractor's license, or tanning facility permit under 987
Chapter 4713. of the Revised Code; 988

       (9) A person who has been issued a license to practice 989
dentistry, a general anesthesia permit, a conscious intravenous 990
sedation permit, a limited resident's license, a limited teaching 991
license, a dental hygienist's license, or a dental hygienist's 992
teacher's certificate under Chapter 4715. of the Revised Code; 993

       (10) A person who has been issued an embalmer's license, a 994
funeral director's license, a funeral home license, or a crematory 995
license, or who has been registered for an embalmer's or funeral 996
director's apprenticeship under Chapter 4717. of the Revised Code; 997

       (11) A person who has been licensed as a registered nurse or 998
practical nurse, or who has been issued a certificate for the 999
practice of nurse-midwifery under Chapter 4723. of the Revised 1000
Code; 1001

       (12) A person who has been licensed to practice optometry or 1002
to engage in optical dispensing under Chapter 4725. of the Revised 1003
Code; 1004

       (13) A person licensed to act as a pawnbroker under Chapter 1005
4727. of the Revised Code; 1006

       (14) A person licensed to act as a precious metals dealer 1007
under Chapter 4728. of the Revised Code; 1008

       (15) A person licensed as a pharmacist, a pharmacy intern, a 1009
wholesale distributor of dangerous drugs, or a terminal 1010
distributor of dangerous drugs under Chapter 4729. of the Revised 1011
Code; 1012

       (16) A person who is authorized to practice as a physician 1013
assistant under Chapter 4730. of the Revised Code; 1014

       (17) A person who has been issued a certificate to practice 1015
medicine and surgery, osteopathic medicine and surgery, a limited 1016
branch of medicine, or podiatry under Chapter 4731. of the Revised 1017
Code; 1018

       (18) A person licensed as a psychologist or school 1019
psychologist under Chapter 4732. of the Revised Code; 1020

       (19) A person registered to practice the profession of 1021
engineering or surveying under Chapter 4733. of the Revised Code; 1022

       (20) A person who has been issued a license to practice 1023
chiropractic under Chapter 4734. of the Revised Code; 1024

       (21) A person licensed to act as a real estate broker or real 1025
estate salesperson under Chapter 4735. of the Revised Code; 1026

       (22) A person registered as a registered sanitarian under 1027
Chapter 4736. of the Revised Code; 1028

       (23) A person licensed to operate or maintain a junkyard 1029
under Chapter 4737. of the Revised Code; 1030

       (24) A person who has been issued a motor vehicle salvage 1031
dealer's license under Chapter 4738. of the Revised Code; 1032

       (25) A person who has been licensed to act as a steam 1033
engineer under Chapter 4739. of the Revised Code; 1034

       (26) A person who has been issued a license or temporary 1035
permit to practice veterinary medicine or any of its branches, or 1036
who is registered as a graduate animal technician under Chapter 1037
4741. of the Revised Code; 1038

       (27) A person who has been issued a hearing aid dealer's or 1039
fitter's license or trainee permit under Chapter 4747. of the 1040
Revised Code; 1041

       (28) A person who has been issued a class A, class B, or 1042
class C license or who has been registered as an investigator or 1043
security guard employee under Chapter 4749. of the Revised Code; 1044

       (29) A person licensed and registered to practice as a 1045
nursing home administrator under Chapter 4751. of the Revised 1046
Code; 1047

       (30) A person licensed to practice as a speech-language 1048
pathologist or audiologist under Chapter 4753. of the Revised 1049
Code; 1050

       (31) A person issued a license as an occupational therapist 1051
or physical therapist under Chapter 4755. of the Revised Code; 1052

       (32) A person who is licensed as a professional clinical 1053
counselor or professional counselor, licensed as a social worker 1054
or independent social worker, or registered as a social work 1055
assistant under Chapter 4757. of the Revised Code; 1056

       (33) A person issued a license to practice dietetics under 1057
Chapter 4759. of the Revised Code; 1058

       (34) A person who has been issued a license or limited permit 1059
to practice respiratory therapy under Chapter 4761. of the Revised 1060
Code; 1061

       (35) A person who has been issued a real estate appraiser 1062
certificate under Chapter 4763. of the Revised Code; 1063

       (36) A person who has been admitted to the bar by order of 1064
the supreme court in compliance with its prescribed and published 1065
rules. 1066

       (X) "Cocaine" means any of the following: 1067

       (1) A cocaine salt, isomer, or derivative, a salt of a 1068
cocaine isomer or derivative, or the base form of cocaine; 1069

       (2) Coca leaves or a salt, compound, derivative, or 1070
preparation of coca leaves, including ecgonine, a salt, isomer, or 1071
derivative of ecgonine, or a salt of an isomer or derivative of 1072
ecgonine; 1073

       (3) A salt, compound, derivative, or preparation of a 1074
substance identified in division (X)(1) or (2) of this section 1075
that is chemically equivalent to or identical with any of those 1076
substances, except that the substances shall not include 1077
decocainized coca leaves or extraction of coca leaves if the 1078
extractions do not contain cocaine or ecgonine. 1079

       (Y) "L.S.D." means lysergic acid diethylamide. 1080

       (Z) "Hashish" means the resin or a preparation of the resin 1081
contained in marihuana, whether in solid form or in a liquid 1082
concentrate, liquid extract, or liquid distillate form. 1083

       (AA) "Marihuana" has the same meaning as in section 3719.01 1084
of the Revised Code, except that it does not include hashish. 1085

       (BB) An offense is "committed in the vicinity of a juvenile" 1086
if the offender commits the offense within one hundred feet of a 1087
juvenile or within the view of a juvenile, regardless of whether 1088
the offender knows the age of the juvenile, whether the offender 1089
knows the offense is being committed within one hundred feet of or 1090
within view of the juvenile, or whether the juvenile actually 1091
views the commission of the offense. 1092

       (CC) "Presumption for a prison term" or "presumption that a 1093
prison term shall be imposed" means a presumption, as described in 1094
division (D) of section 2929.13 of the Revised Code, that a prison 1095
term is a necessary sanction for a felony in order to comply with 1096
the purposes and principles of sentencing under section 2929.11 of 1097
the Revised Code. 1098

       (DD) "Major drug offender" has the same meaning as in section 1099
2929.01 of the Revised Code. 1100

       (EE) "Minor drug possession offense" means either of the 1101
following: 1102

       (1) A violation of section 2925.11 of the Revised Code as it 1103
existed prior to July 1, 1996; 1104

       (2) A violation of section 2925.11 of the Revised Code as it 1105
exists on and after July 1, 1996, that is a misdemeanor or a 1106
felony of the fifth degree. 1107

       (FF) "Mandatory prison term" has the same meaning as in 1108
section 2929.01 of the Revised Code. 1109

       (GG) "Crack cocaine" means a compound, mixture, preparation, 1110
or substance that is or contains any amount of cocaine that is 1111
analytically identified as the base form of cocaine or that is in 1112
a form that resembles rocks or pebbles generally intended for 1113
individual use. 1114

       (HH) "Adulterate" means to cause a drug to be adulterated as 1115
described in section 3715.63 of the Revised Code. 1116

       (II) "Public premises" means any hotel, restaurant, tavern, 1117
store, arena, hall, or other place of public accommodation, 1118
business, amusement, or resort. 1119

       (JJ) "Methamphetamine" means methamphetamine, any salt, 1120
isomer, or salt of an isomer of methamphetamine, or any compound, 1121
mixture, preparation, or substance containing methamphetamine or 1122
any salt, isomer, or salt of an isomer of methamphetamine. 1123

       Sec. 2925.04. (A) No person shall knowingly cultivate 1124
marihuana or knowingly manufacture or otherwise engage in any part 1125
of the production of a controlled substance. 1126

       (B) This section does not apply to any person listed in 1127
division (B)(1), (2), or (3) of section 2925.03 of the Revised 1128
Code to the extent and under the circumstances described in those 1129
divisions. 1130

       (C)(1) Whoever commits a violation of division (A) of this 1131
section that involves any drug other than marihuana is guilty of 1132
illegal manufacture of drugs, and whoever commits a violation of 1133
division (A) of this section that involves marihuana is guilty of 1134
illegal cultivation of marihuana. 1135

       (2) Except as otherwise provided in this division, if the 1136
drug involved in the violation of division (A) of this section is 1137
any compound, mixture, preparation, or substance included in 1138
schedule I or II, with the exception of methamphetamine or 1139
marihuana, illegal manufacture of drugs is a felony of the second 1140
degree, and, subject to division (E) of this section, the court 1141
shall impose as a mandatory prison term one of the prison terms 1142
prescribed for a felony of the second degree. If 1143

       If the drug involved in the violation is any compound, 1144
mixture, preparation, or substance included in schedule I or II, 1145
with the exception of methamphetamine or marihuana, and if the 1146
offense was committed in the vicinity of a juvenile or in the 1147
vicinity of a school, illegal manufacture of drugs is a felony of 1148
the first degree, and, subject to division (E) of this section, 1149
the court shall impose as a mandatory prison term one of the 1150
prison terms prescribed for a felony of the first degree. If 1151

       (3) If the drug involved in the violation of division (A) of 1152
this section is methamphetamine, ~~any salt, isomer, or salt of an~~ 1153
~~isomer of methamphetamine, or any compound, mixture, preparation,~~ 1154
~~or substance containing methamphetamine or any salt, isomer, or~~ 1155
~~salt of an isomer of methamphetamine and if~~the penalty for the 1156
violation shall be determined as follows: 1157

       (a) Except as otherwise provided in division (C)(3)(b) of 1158
this section, if the drug involved in the violation is 1159
methamphetamine, illegal manufacture of drugs is a felony of the 1160
second degree, and, subject to division (E) of this section, the 1161
court shall impose a mandatory prison term on the offender 1162
determined in accordance with this division. Except as otherwise 1163
provided in this division, the court shall impose as a mandatory 1164
prison term one of the prison terms prescribed for a felony of the 1165
second degree that is not less than three years. If the offender 1166
previously has been convicted of or pleaded guilty to a violation 1167
of division (A) of this section, a violation of division (B)(6) of 1168
section 2919.22 of the Revised Code, or a violation of division 1169
(A) of section 2925.041 of the Revised Code, the court shall 1170
impose as a mandatory prison term one of the prison terms 1171
prescribed for a felony of the second degree that is not less than 1172
five years. 1173

       (b) If the drug involved in the violation is methamphetamine 1174
and if the offense was committed in the vicinity of a juvenile, in 1175
the vicinity of a school, or on public premises, illegal 1176
manufacture of drugs is a felony of the first degree, and, subject 1177
to division (E) of this section, the court shall impose a 1178
mandatory prison term on the offender determined in accordance 1179
with this division. Except as otherwise provided in this division, 1180
the court shall impose as a mandatory prison term one of the 1181
prison terms prescribed for a felony of the first degree that is 1182
not less than four years. If the offender previously has been 1183
convicted of or pleaded guilty to a violation of division (A) of 1184
this section, a violation of division (B)(6) of section 2919.22 of 1185
the Revised Code, or a violation of division (A) of section 1186
2925.041 of the Revised Code, the court shall impose as a 1187
mandatory prison term one of the prison terms prescribed for a 1188
felony of the first degree that is not less than five years. 1189

       ~~(3)~~(4) If the drug involved in the violation of division (A) 1190
of this section is any compound, mixture, preparation, or 1191
substance included in schedule III, IV, or V, illegal manufacture 1192
of drugs is a felony of the third degree or, if the offense was 1193
committed in the vicinity of a school or in the vicinity of a 1194
juvenile, a felony of the second degree, and there is a 1195
presumption for a prison term for the offense. 1196

       ~~(4)~~(5) If the drug involved in the violation is marihuana, 1197
the penalty for the offense shall be determined as follows: 1198

       (a) Except as otherwise provided in division (C)~~(4)~~(5)(b), 1199
(c), (d), (e), or (f) of this section, illegal cultivation of 1200
marihuana is a minor misdemeanor or, if the offense was committed 1201
in the vicinity of a school or in the vicinity of a juvenile, a 1202
misdemeanor of the fourth degree. 1203

       (b) If the amount of marihuana involved equals or exceeds one 1204
hundred grams but is less than two hundred grams, illegal 1205
cultivation of marihuana is a misdemeanor of the fourth degree or, 1206
if the offense was committed in the vicinity of a school or in the 1207
vicinity of a juvenile, a misdemeanor of the third degree. 1208

       (c) If the amount of marihuana involved equals or exceeds two 1209
hundred grams but is less than one thousand grams, illegal 1210
cultivation of marihuana is a felony of the fifth degree or, if 1211
the offense was committed in the vicinity of a school or in the 1212
vicinity of a juvenile, a felony of the fourth degree, and 1213
division (B) of section 2929.13 of the Revised Code applies in 1214
determining whether to impose a prison term on the offender. 1215

       (d) If the amount of marihuana involved equals or exceeds one 1216
thousand grams but is less than five thousand grams, illegal 1217
cultivation of marihuana is a felony of the third degree or, if 1218
the offense was committed in the vicinity of a school or in the 1219
vicinity of a juvenile, a felony of the second degree, and 1220
division (C) of section 2929.13 of the Revised Code applies in 1221
determining whether to impose a prison term on the offender. 1222

       (e) If the amount of marihuana involved equals or exceeds 1223
five thousand grams but is less than twenty thousand grams, 1224
illegal cultivation of marihuana is a felony of the third degree 1225
or, if the offense was committed in the vicinity of a school or in 1226
the vicinity of a juvenile, a felony of the second degree, and 1227
there is a presumption for a prison term for the offense. 1228

       (f) Except as otherwise provided in this division, if the 1229
amount of marihuana involved equals or exceeds twenty thousand 1230
grams, illegal cultivation of marihuana is a felony of the second 1231
degree, and the court shall impose as a mandatory prison term the 1232
maximum prison term prescribed for a felony of the second degree. 1233
If the amount of the drug involved equals or exceeds twenty 1234
thousand grams and if the offense was committed in the vicinity of 1235
a school or in the vicinity of a juvenile, illegal cultivation of 1236
marihuana is a felony of the first degree, and the court shall 1237
impose as a mandatory prison term the maximum prison term 1238
prescribed for a felony of the first degree. 1239

       (D) In addition to any prison term authorized or required by 1240
division (C) or (E) of this section and sections 2929.13 and 1241
2929.14 of the Revised Code and in addition to any other sanction 1242
imposed for the offense under this section or sections 2929.11 to 1243
2929.18 of the Revised Code, the court that sentences an offender 1244
who is convicted of or pleads guilty to a violation of division 1245
(A) of this section shall do all of the following that are 1246
applicable regarding the offender: 1247

       (1) If the violation of division (A) of this section is a 1248
felony of the first, second, or third degree, the court shall 1249
impose upon the offender the mandatory fine specified for the 1250
offense under division (B)(1) of section 2929.18 of the Revised 1251
Code unless, as specified in that division, the court determines 1252
that the offender is indigent. The clerk of the court shall pay a 1253
mandatory fine or other fine imposed for a violation of this 1254
section pursuant to division (A) of section 2929.18 of the Revised 1255
Code in accordance with and subject to the requirements of 1256
division (F) of section 2925.03 of the Revised Code. The agency 1257
that receives the fine shall use the fine as specified in division 1258
(F) of section 2925.03 of the Revised Code. If a person is charged 1259
with a violation of this section that is a felony of the first, 1260
second, or third degree, posts bail, and forfeits the bail, the 1261
clerk shall pay the forfeited bail as if the forfeited bail were a 1262
fine imposed for a violation of this section. 1263

       (2) The court shall suspend the offender's driver's or 1264
commercial driver's license or permit in accordance with division 1265
(G) of section 2925.03 of the Revised Code. If an offender's 1266
driver's or commercial driver's license or permit is suspended in 1267
accordance with that division, the offender may request 1268
termination of, and the court may terminate, the suspension in 1269
accordance with that division. 1270

       (3) If the offender is a professionally licensed person, the 1271
court immediately shall comply with section 2925.38 of the Revised 1272
Code. 1273

       (E) Notwithstanding the prison term otherwise authorized or 1274
required for the offense under division (C) of this section and 1275
sections 2929.13 and 2929.14 of the Revised Code, if the violation 1276
of division (A) of this section involves the sale, offer to sell, 1277
or possession of a schedule I or II controlled substance, with the 1278
exception of marihuana, and if the court imposing sentence upon 1279
the offender finds that the offender as a result of the violation 1280
is a major drug offender and is guilty of a specification of the 1281
type described in section 2941.1410 of the Revised Code, the 1282
court, in lieu of the prison term otherwise authorized or 1283
required, shall impose upon the offender the mandatory prison term 1284
specified in division (D)(3)(a) of section 2929.14 of the Revised 1285
Code and may impose an additional prison term under division 1286
(D)(3)(b) of that section. 1287

       (F) It is an affirmative defense, as provided in section 1288
2901.05 of the Revised Code, to a charge under this section for a 1289
fifth degree felony violation of illegal cultivation of marihuana 1290
that the marihuana that gave rise to the charge is in an amount, 1291
is in a form, is prepared, compounded, or mixed with substances 1292
that are not controlled substances in a manner, or is possessed or 1293
cultivated under any other circumstances that indicate that the 1294
marihuana was solely for personal use. 1295

       Notwithstanding any contrary provision of division (F) of 1296
this section, if, in accordance with section 2901.05 of the 1297
Revised Code, a person who is charged with a violation of illegal 1298
cultivation of marihuana that is a felony of the fifth degree 1299
sustains the burden of going forward with evidence of and 1300
establishes by a preponderance of the evidence the affirmative 1301
defense described in this division, the person may be prosecuted 1302
for and may be convicted of or plead guilty to a misdemeanor 1303
violation of illegal cultivation of marihuana. 1304

       (G) Arrest or conviction for a minor misdemeanor violation of 1305
this section does not constitute a criminal record and need not be 1306
reported by the person so arrested or convicted in response to any 1307
inquiries about the person's criminal record, including any 1308
inquiries contained in an application for employment, a license, 1309
or any other right or privilege or made in connection with the 1310
person's appearance as a witness. 1311

       Sec. 2925.041. (A) No person shall knowingly assemble or 1312
possess one or more chemicals that may be used to manufacture a 1313
controlled substance in schedule I or II with the intent to 1314
manufacture a controlled substance in schedule I or II in 1315
violation of section 2925.04 of the Revised Code. 1316

       (B) In a prosecution under this section, it is not necessary 1317
to allege or prove that the offender assembled or possessed all 1318
chemicals necessary to manufacture a controlled substance in 1319
schedule I or II. The assembly or possession of a single chemical 1320
that may be used in the manufacture of a controlled substance in 1321
schedule I or II, with the intent to manufacture a controlled 1322
substance in either schedule, is sufficient to violate this 1323
section. 1324

       (C) Whoever violates this section is guilty of illegal 1325
assembly or possession of chemicals for the manufacture of drugs. 1326
Except as otherwise provided in this division, illegal assembly or 1327
possession of chemicals for the manufacture of drugs is a felony 1328
of the third degree, and, except as otherwise provided in division 1329
(C)(1) or (2) of this section, division (C) of section 2929.13 of 1330
the Revised Code applies in determining whether to impose a prison 1331
term on the offender. If the offense was committed in the vicinity 1332
of a juvenile or in the vicinity of a school, illegal assembly or 1333
possession of chemicals for the manufacture of drugs is a felony 1334
of the second degree, and, except as otherwise provided in 1335
division (C)(1) or (2) of this section, division (C) of section 1336
2929.13 of the Revised Code applies in determining whether to 1337
impose a prison term on the offender. If the chemical or chemicals 1338
assembled or possessed in violation of division (A) of this 1339
section may be used to manufacture methamphetamine, the court 1340
shall impose a mandatory prison term on the offender as follows: 1341

       (1) If the violation of division (A) of this section is a 1342
felony of the third degree under division (C) of this section and 1343
the chemical or chemicals assembled or possessed in committing the 1344
violation may be used to manufacture methamphetamine, except as 1345
otherwise provided in this division, the court shall impose as a 1346
mandatory prison term one of the prison terms prescribed for a 1347
felony of the third degree that is not less than two years. If the 1348
violation of division (A) of this section is a felony of the third 1349
degree under division (C) of this section, if the chemical or 1350
chemicals assembled or possessed in committing the violation may 1351
be used to manufacture methamphetamine, and if the offender 1352
previously has been convicted of or pleaded guilty to a violation 1353
of division (A) of this section, a violation of division (B)(6) of 1354
section 2919.22 of the Revised Code, or a violation of division 1355
(A) of section 2925.04 of the Revised Code, the court shall impose 1356
as a mandatory prison term one of the prison terms prescribed for 1357
a felony of the third degree that is not less than five years. 1358

       (2) If the violation of division (A) of this section is a 1359
felony of the second degree under division (C) of this section and 1360
the chemical or chemicals assembled or possessed in committing the 1361
violation may be used to manufacture methamphetamine, the court 1362
shall impose as a mandatory prison term one of the prison terms 1363
prescribed for a felony of the second degree that is not less than 1364
three years. If the violation of division (A) of this section is a 1365
felony of the second degree under division (C) of this section, if 1366
the chemical or chemicals assembled or possessed in committing the 1367
violation may be used to manufacture methamphetamine, and if the 1368
offender previously has been convicted of or pleaded guilty to a 1369
violation of division (A) of this section, a violation of division 1370
(B)(6) of section 2919.22 of the Revised Code, or a violation of 1371
division (A) of section 2925.04 of the Revised Code, the court 1372
shall impose as a mandatory prison term one of the prison terms 1373
prescribed for a felony of the second degree that is not less than 1374
five years. 1375

       (D) In addition to any prison term authorized by division (C) 1376
of this section and sections 2929.13 and 2929.14 of the Revised 1377
Code and in addition to any other sanction imposed for the offense 1378
under this section or sections 2929.11 to 2929.18 of the Revised 1379
Code, the court that sentences an offender who is convicted of or 1380
pleads guilty to a violation of this section shall do all of the 1381
following that are applicable regarding the offender: 1382

       (1) The court shall impose upon the offender the mandatory 1383
fine specified for the offense under division (B)(1) of section 1384
2929.18 of the Revised Code unless, as specified in that division, 1385
the court determines that the offender is indigent. The clerk of 1386
the court shall pay a mandatory fine or other fine imposed for a 1387
violation of this section under division (A) of section 2929.18 of 1388
the Revised Code in accordance with and subject to the 1389
requirements of division (F) of section 2925.03 of the Revised 1390
Code. The agency that receives the fine shall use the fine as 1391
specified in division (F) of section 2925.03 of the Revised Code. 1392
If a person charged with a violation of this section posts bail 1393
and forfeits the bail, the clerk shall pay the forfeited bail as 1394
if the forfeited bail were a fine imposed for a violation of this 1395
section. 1396

       (2) The court shall revoke or suspend the offender's driver's 1397
or commercial driver's license or permit in accordance with 1398
division (G) of section 2925.03 of the Revised Code. If an 1399
offender's driver's or commercial driver's license or permit is 1400
revoked in accordance with that division, the offender may request 1401
termination of, and the court may terminate, the revocation in 1402
accordance with that division. 1403

       (3) If the offender is a professionally licensed person or a 1404
person who has been admitted to the bar by order of the supreme 1405
court in compliance with its prescribed and published rules, the 1406
court shall comply with section 2925.38 of the Revised Code. 1407

       Sec. 2925.14. (A) As used in this section, "drug 1408
paraphernalia" means any equipment, product, or material of any 1409
kind that is used by the offender, intended by the offender for 1410
use, or designed for use, in propagating, cultivating, growing, 1411
harvesting, manufacturing, compounding, converting, producing, 1412
processing, preparing, testing, analyzing, packaging, repackaging, 1413
storing, containing, concealing, injecting, ingesting, inhaling, 1414
or otherwise introducing into the human body, a controlled 1415
substance in violation of this chapter. "Drug paraphernalia" 1416
includes, but is not limited to, any of the following equipment, 1417
products, or materials that are used by the offender, intended by 1418
the offender for use, or designed by the offender for use, in any 1419
of the following manners: 1420

       (1) A kit for propagating, cultivating, growing, or 1421
harvesting any species of a plant that is a controlled substance 1422
or from which a controlled substance can be derived; 1423

       (2) A kit for manufacturing, compounding, converting, 1424
producing, processing, or preparing a controlled substance; 1425

       (3) Any object, instrument, or device for manufacturing, 1426
compounding, converting, producing, processing, or preparing 1427
methamphetamine ~~or any salt, isomer, or salt of an isomer of~~ 1428
~~methamphetamine~~; 1429

       (4) An isomerization device for increasing the potency of any 1430
species of a plant that is a controlled substance; 1431

       (5) Testing equipment for identifying, or analyzing the 1432
strength, effectiveness, or purity of, a controlled substance; 1433

       (6) A scale or balance for weighing or measuring a controlled 1434
substance; 1435

       (7) A diluent or adulterant, such as quinine hydrochloride, 1436
mannitol, mannite, dextrose, or lactose, for cutting a controlled 1437
substance; 1438

       (8) A separation gin or sifter for removing twigs and seeds 1439
from, or otherwise cleaning or refining, marihuana; 1440

       (9) A blender, bowl, container, spoon, or mixing device for 1441
compounding a controlled substance; 1442

       (10) A capsule, balloon, envelope, or container for packaging 1443
small quantities of a controlled substance; 1444

       (11) A container or device for storing or concealing a 1445
controlled substance; 1446

       (12) A hypodermic syringe, needle, or instrument for 1447
parenterally injecting a controlled substance into the human body; 1448

       (13) An object, instrument, or device for ingesting, 1449
inhaling, or otherwise introducing into the human body, marihuana, 1450
cocaine, hashish, or hashish oil, such as a metal, wooden, 1451
acrylic, glass, stone, plastic, or ceramic pipe, with or without a 1452
screen, permanent screen, hashish head, or punctured metal bowl; 1453
water pipe; carburetion tube or device; smoking or carburetion 1454
mask; roach clip or similar object used to hold burning material, 1455
such as a marihuana cigarette, that has become too small or too 1456
short to be held in the hand; miniature cocaine spoon, or cocaine 1457
vial; chamber pipe; carburetor pipe; electric pipe; air driver 1458
pipe; chillum; bong; or ice pipe or chiller. 1459

       (B) In determining if any equipment, product, or material is 1460
drug paraphernalia, a court or law enforcement officer shall 1461
consider, in addition to other relevant factors, the following: 1462

       (1) Any statement by the owner, or by anyone in control, of 1463
the equipment, product, or material, concerning its use; 1464

       (2) The proximity in time or space of the equipment, product, 1465
or material, or of the act relating to the equipment, product, or 1466
material, to a violation of any provision of this chapter; 1467

       (3) The proximity of the equipment, product, or material to 1468
any controlled substance; 1469

       (4) The existence of any residue of a controlled substance on 1470
the equipment, product, or material; 1471

       (5) Direct or circumstantial evidence of the intent of the 1472
owner, or of anyone in control, of the equipment, product, or 1473
material, to deliver it to any person whom the owner or person in 1474
control of the equipment, product, or material knows intends to 1475
use the object to facilitate a violation of any provision of this 1476
chapter. A finding that the owner, or anyone in control, of the 1477
equipment, product, or material, is not guilty of a violation of 1478
any other provision of this chapter does not prevent a finding 1479
that the equipment, product, or material was intended or designed 1480
by the offender for use as drug paraphernalia. 1481

       (6) Any oral or written instruction provided with the 1482
equipment, product, or material concerning its use; 1483

       (7) Any descriptive material accompanying the equipment, 1484
product, or material and explaining or depicting its use; 1485

       (8) National or local advertising concerning the use of the 1486
equipment, product, or material; 1487

       (9) The manner and circumstances in which the equipment, 1488
product, or material is displayed for sale; 1489

       (10) Direct or circumstantial evidence of the ratio of the 1490
sales of the equipment, product, or material to the total sales of 1491
the business enterprise; 1492

       (11) The existence and scope of legitimate uses of the 1493
equipment, product, or material in the community; 1494

       (12) Expert testimony concerning the use of the equipment, 1495
product, or material. 1496

       (C)(1) No person shall knowingly use, or possess with purpose 1497
to use, drug paraphernalia. 1498

       (2) No person shall knowingly sell, or possess or manufacture 1499
with purpose to sell, drug paraphernalia, if the person knows or 1500
reasonably should know that the equipment, product, or material 1501
will be used as drug paraphernalia. 1502

       (3) No person shall place an advertisement in any newspaper, 1503
magazine, handbill, or other publication that is published and 1504
printed and circulates primarily within this state, if the person 1505
knows that the purpose of the advertisement is to promote the 1506
illegal sale in this state of the equipment, product, or material 1507
that the offender intended or designed for use as drug 1508
paraphernalia. 1509

       (D) This section does not apply to manufacturers, licensed 1510
health professionals authorized to prescribe drugs, pharmacists, 1511
owners of pharmacies, and other persons whose conduct is in 1512
accordance with Chapters 3719., 4715., 4723., 4729., 4731., and 1513
4741. of the Revised Code. This section shall not be construed to 1514
prohibit the possession or use of a hypodermic as authorized by 1515
section 3719.172 of the Revised Code. 1516

       (E) Notwithstanding sections 2933.42 and 2933.43 of the 1517
Revised Code, any drug paraphernalia that was used, possessed, 1518
sold, or manufactured in a violation of this section shall be 1519
seized, after a conviction for that violation shall be forfeited, 1520
and upon forfeiture shall be disposed of pursuant to division 1521
(D)(8) of section 2933.41 of the Revised Code. 1522

       (F)(1) Whoever violates division (C)(1) of this section is 1523
guilty of illegal use or possession of drug paraphernalia, a 1524
misdemeanor of the fourth degree. 1525

       (2) Except as provided in division (F)(3) of this section, 1526
whoever violates division (C)(2) of this section is guilty of 1527
dealing in drug paraphernalia, a misdemeanor of the second degree. 1528

       (3) Whoever violates division (C)(2) of this section by 1529
selling drug paraphernalia to a juvenile is guilty of selling drug 1530
paraphernalia to juveniles, a misdemeanor of the first degree. 1531

       (4) Whoever violates division (C)(3) of this section is 1532
guilty of illegal advertising of drug paraphernalia, a misdemeanor 1533
of the second degree. 1534

       (G) In addition to any other sanction imposed upon an 1535
offender for a violation of this section, the court shall suspend 1536
for not less than six months or more than five years the 1537
offender's driver's or commercial driver's license or permit. If 1538
the offender is a professionally licensed person, in addition to 1539
any other sanction imposed for a violation of this section, the 1540
court immediately shall comply with section 2925.38 of the Revised 1541
Code. 1542

       Sec. 2925.52. (A) If a person is charged with a violation of 1543
section 2925.041 of the Revised Code or with any violation of this 1544
chapter or Chapter 3719. of the Revised Code that is based on the 1545
possession of chemicals sufficient to produce methamphetamine~~, any~~ 1546
~~salt, isomer, or salt of an isomer of methamphetamine, or any~~ 1547
~~compound, mixture, preparation, or substance containing~~ 1548
~~methamphetamine or any salt, isomer, or salt of an isomer of~~ 1549
~~methamphetamine~~, the law enforcement agency that has custody of 1550
the chemicals may file a motion with the court in which the 1551
charges are pending requesting the court to order the chemicals 1552
destroyed in accordance with this division. If a law enforcement 1553
agency files a motion of that type with a court, the court may 1554
issue an order that requires the containers in which the chemicals 1555
are contained be photographed, orders the chemicals forfeited, and 1556
requires that the chemicals be destroyed. 1557

       (B) If the court issues an order under division (A) of this 1558
section, the court may include in the order a requirement that the 1559
chemicals be sampled prior to their destruction and that the 1560
samples be preserved. 1561

       Sec. 2925.55. (A) As used in sections 2925.55 to 2925.58 of 1562
the Revised Code: 1563

        (1) "Consumer product" means any food or drink that is 1564
consumed or used by humans and any drug, including a drug that may 1565
be provided legally only pursuant to a prescription, that is 1566
intended to be consumed or used by humans. 1567

        (2) "Terminal distributor of dangerous drugs" has the same 1568
meaning as in section 4729.01 of the Revised Code. 1569

        (3) "Pseudoephedrine" means any material, compound, mixture, 1570
or preparation that contains any quantity of pseudoephedrine, any 1571
of its salts, optical isomers, or salts of optical isomers. 1572

        (4) "Pseudoephedrine product" means a consumer product 1573
consisting of a single-ingredient preparation of pseudoephedrine 1574
in which pseudoephedrine is the active ingredient. 1575
"Pseudoephedrine product" does not include either of the 1576
following: 1577

       (a) A consumer product containing pseudoephedrine that is in 1578
a liquid, liquid capsule, or gel capsule form; 1579

       (b) A consumer product primarily intended for administration 1580
to children under twelve years of age, according to the label 1581
instructions, in solid dosage form, including chewable tablets, 1582
when individual dosage units do not exceed fifteen milligrams of 1583
pseudoephedrine. 1584

        (5) "Retailer" means a place of business that offers consumer 1585
products for sale to the general public. 1586

        (6) "Single-ingredient preparation" means a compound, 1587
mixture, preparation, or substance that contains a single active 1588
ingredient. 1589

        (B)(1) No individual shall knowingly purchase, receive, or 1590
otherwise acquire more than nine grams of any pseudoephedrine 1591
product within a period of thirty consecutive days, unless the 1592
pseudoephedrine product is dispensed by a pharmacist pursuant to a 1593
valid prescription issued by a licensed health professional 1594
authorized to prescribe drugs and the conduct of the pharmacist 1595
and the licensed health professional authorized to prescribe drugs 1596
is in accordance with Chapter 3719., 4715., 4723., 4729., 4731., 1597
or 4741. of the Revised Code. 1598

       (2) It is not a violation of division (B)(1) of this section 1599
for an individual to receive or accept more than nine grams of any 1600
pseudoephedrine product within a period of thirty consecutive days 1601
if the individual is an employee of a retailer or terminal 1602
distributor of dangerous drugs, and the employee receives or 1603
accepts from the retailer or terminal distributor of dangerous 1604
drugs the pseudoephedrine product in a sealed container in 1605
connection with manufacturing, warehousing, placement, stocking, 1606
bagging, loading, or unloading of the product. 1607

       (C)(1) No individual under eighteen years of age shall 1608
knowingly purchase, receive, or otherwise acquire a 1609
pseudoephedrine product, unless the pseudoephedrine product is 1610
dispensed by a pharmacist pursuant to a valid prescription issued 1611
by a licensed health professional authorized to prescribe drugs 1612
and the conduct of the pharmacist and the licensed health 1613
professional authorized to prescribe drugs is in accordance with 1614
Chapter 3719., 4715., 4723., 4729., 4731., or 4741. of the Revised 1615
Code. 1616

       (2) Division (C)(1) of this section does not apply to an 1617
individual under eighteen years of age who purchases, receives, or 1618
otherwise acquires a pseudoephedrine product from any of the 1619
following: 1620

        (a) A licensed health professional authorized to prescribe 1621
drugs or pharmacist who dispenses, sells, or otherwise provides 1622
the pseudoephedrine product to that individual and whose conduct 1623
is in accordance with Chapter 3719., 4715., 4723., 4729., 4731., 1624
or 4741. of the Revised Code; 1625

        (b) A parent or guardian of that individual who provides the 1626
pseudoephedrine product to the individual; 1627

        (c) A person, as authorized by that individual's parent or 1628
guardian, who dispenses, sells, or otherwise provides the 1629
pseudoephedrine product to the individual; 1630

        (d) A retailer or terminal distributor of dangerous drugs who 1631
provides the pseudoephedrine product to that individual if the 1632
individual is an employee of the retailer or terminal distributor 1633
of dangerous drugs and the individual receives or accepts from the 1634
retailer or terminal distributor of dangerous drugs the 1635
pseudoephedrine product in a sealed container in connection with 1636
manufacturing, warehousing, placement, stocking, bagging, loading, 1637
or unloading of the product. 1638

       (D) No individual under eighteen years of age shall knowingly 1639
show or give false information concerning the individual's name, 1640
age, or other identification for the purpose of purchasing, 1641
receiving, or otherwise acquiring a pseudoephedrine product. 1642

       (E) No individual shall knowingly fail to comply with the 1643
requirements of division (C)(3) of section 3715.05 of the Revised 1644
Code. 1645

       (F) Whoever violates division (B)(1) of this section is 1646
guilty of unlawful purchase of a pseudoephedrine product, a 1647
misdemeanor of the first degree. 1648

       (G) Whoever violates division (C)(1) of this section is 1649
guilty of underage purchase of a pseudoephedrine product, a 1650
delinquent act that would be a misdemeanor of the fourth degree if 1651
it could be committed by an adult. 1652

       (H) Whoever violates division (D) of this section is guilty 1653
of using false information to purchase a pseudoephedrine product, 1654
a delinquent act that would be a misdemeanor of the first degree 1655
if it could be committed by an adult. 1656

       (I) Whoever violates division (E) of this section is guilty 1657
of improper purchase of a pseudoephedrine product, a misdemeanor 1658
of the fourth degree. 1659

       Sec. 2925.56. (A)(1) Except as provided in division (A)(2) of 1660
this section, no retailer or terminal distributor of dangerous 1661
drugs or an employee of a retailer or terminal distributor of 1662
dangerous drugs shall knowingly sell, offer to sell, hold for 1663
sale, deliver, or otherwise provide to any individual within a 1664
period of thirty consecutive days an amount of pseudoephedrine 1665
product that is greater than nine grams. 1666

       (2) Division (A)(1) of this section does not apply to any 1667
quantity of pseudoephedrine product dispensed by a pharmacist 1668
pursuant to a valid prescription issued by a licensed health 1669
professional authorized to prescribe drugs if the conduct of the 1670
pharmacist and the licensed health professional authorized to 1671
prescribe drugs is in accordance with Chapter 3719., 4715., 4723., 1672
4729., 4731., or 4741. of the Revised Code. 1673

       It is not a violation of division (A)(1) of this section for 1674
a retailer, terminal distributor of dangerous drugs, or employee 1675
of either to provide to an individual more than nine grams of any 1676
pseudoephedrine product within a period of thirty consecutive days 1677
if the individual is an employee of the retailer or terminal 1678
distributor of dangerous drugs, and the employee receives or 1679
accepts from the retailer, terminal distributor of dangerous 1680
drugs, or employee the pseudoephedrine product in a sealed 1681
container in connection with manufacturing, warehousing, 1682
placement, stocking, bagging, loading, or unloading of the 1683
product. 1684

        (B)(1) Except as provided in division (B)(2) of this section, 1685
no retailer or terminal distributor of dangerous drugs or an 1686
employee of a retailer or terminal distributor of dangerous drugs 1687
shall sell, offer to sell, hold for sale, deliver, or otherwise 1688
provide a pseudoephedrine product to an individual who is under 1689
eighteen years of age. 1690

        (2) Division (B)(1) of this section does not apply to any of 1691
the following: 1692

       (a) A licensed health professional authorized to prescribe 1693
drugs or pharmacist who dispenses, sells, or otherwise provides a 1694
pseudoephedrine product to an individual under eighteen years of 1695
age and whose conduct is in accordance with Chapter 3719., 4715., 1696
4723., 4729., 4731., or 4741. of the Revised Code; 1697

       (b) A parent or guardian of an individual under eighteen 1698
years of age who provides a pseudoephedrine product to the 1699
individual; 1700

       (c) A person who, as authorized by the individual's parent or 1701
guardian, dispenses, sells, or otherwise provides a 1702
pseudoephedrine product to an individual under eighteen years of 1703
age; 1704

       (d) The provision by a retailer, terminal distributor of 1705
dangerous drugs, or employee of either of a pseudoephedrine 1706
product in a sealed container to an employee of the retailer or 1707
terminal distributor of dangerous drugs who is under eighteen 1708
years of age in connection with manufacturing, warehousing, 1709
placement, stocking, bagging, loading, or unloading of the 1710
product. 1711

       (C) No retailer or terminal distributor of dangerous drugs 1712
shall fail to comply with the requirements of division (C)(2) of 1713
section 3715.05 of the Revised Code. 1714

       (D) Whoever violates division (A)(1) of this section is 1715
guilty of unlawfully selling a pseudoephedrine product, a 1716
misdemeanor of the first degree. 1717

       (E) Whoever violates division (B)(1) of this section is 1718
guilty of unlawfully selling a pseudoephedrine product to a minor, 1719
a misdemeanor of the fourth degree. 1720

       (F) Whoever violates division (C) of this section is guilty 1721
of improper sale of a pseudoephedrine product, a misdemeanor of 1722
the second degree. 1723

       Sec. 2925.57. (A) As used in this section and section 2925.58 1724
of the Revised Code: 1725

       (1) "Card holder" means any person who presents a driver's or 1726
commercial driver's license or an identification card to a seller, 1727
or an agent or employee of a seller, to purchase or receive any 1728
pseudoephedrine product from the seller, agent, or employee. 1729

       (2) "Identification card" and "transaction scan device" have 1730
the same meanings as in section 2927.021 of the Revised Code. 1731

       (3) "Seller" means a retailer or terminal distributor of 1732
dangerous drugs. 1733

       (4) "Transaction scan" means the process by which a seller or 1734
an agent or employee of a seller checks by means of a transaction 1735
scan device the validity of a driver's or commercial driver's 1736
license or an identification card that is presented as a condition 1737
for purchasing or receiving any pseudoephedrine product. 1738

       (B)(1) A seller or an agent or employee of a seller may 1739
perform a transaction scan by means of a transaction scan device 1740
to check the validity of a driver's or commercial driver's license 1741
or identification card presented by a card holder as a condition 1742
for selling, giving away, or otherwise distributing to the card 1743
holder a pseudoephedrine product. 1744

       (2) If the information deciphered by the transaction scan 1745
performed under division (B)(1) of this section fails to match the 1746
information printed on the driver's or commercial driver's license 1747
or identification card presented by the card holder, or if the 1748
transaction scan indicates that the information so printed is 1749
false or fraudulent, neither the seller nor any agent or employee 1750
of the seller shall sell, give away, or otherwise distribute any 1751
pseudoephedrine product to the card holder. 1752

       (3) Division (B)(1) of this section does not preclude a 1753
seller or an agent or employee of a seller as a condition for 1754
selling, giving away, or otherwise distributing a pseudoephedrine 1755
product to the person presenting the document from using a 1756
transaction scan device to check the validity of a document other 1757
than a driver's or commercial driver's license or an 1758
identification card if the document includes a bar code or 1759
magnetic strip that may be scanned by the device. 1760

       (C) Rules adopted by the registrar of motor vehicles under 1761
division (C) of section 4301.61 of the Revised Code apply to the 1762
use of transaction scan devices for purposes of this section and 1763
section 2925.58 of the Revised Code. 1764

       (D)(1) No seller or agent or employee of a seller shall 1765
electronically or mechanically record or maintain any information 1766
derived from a transaction scan, except the following: 1767

       (a) The name and date of birth of the person listed on the 1768
driver's or commercial driver's license or identification card 1769
presented by a card holder; 1770

       (b) The expiration date and identification number of the 1771
driver's or commercial driver's license or identification card 1772
presented by a card holder. 1773

       (2) No seller or agent or employee of a seller shall use the 1774
information that is derived from a transaction scan or that is 1775
permitted to be recorded and maintained under division (D)(1) of 1776
this section except for purposes of section 2925.58 of the Revised 1777
Code. 1778

       (3) No seller or agent or employee of a seller shall use a 1779
transaction scan device for a purpose other than the purpose 1780
specified in division (B)(1) of this section. 1781

       (4) No seller or agent or employee of a seller shall sell or 1782
otherwise disseminate the information derived from a transaction 1783
scan to any third party, including, but not limited to, selling or 1784
otherwise disseminating that information for any marketing, 1785
advertising, or promotional activities, but a seller or agent or 1786
employee of a seller may release that information pursuant to a 1787
court order or as specifically authorized by section 2925.58 or 1788
another section of the Revised Code. 1789

       (E) Nothing in this section or section 2925.58 of the Revised 1790
Code relieves a seller or an agent or employee of a seller of any 1791
responsibility to comply with any other applicable state or 1792
federal laws or rules governing the sale, giving away, or other 1793
distribution of pseudoephedrine products. 1794

       (F) Whoever violates division (B)(2) or (D) of this section 1795
is guilty of engaging in an illegal pseudoephedrine product 1796
transaction scan, and the court may impose upon the offender a 1797
civil penalty of up to one thousand dollars for each violation. 1798
The clerk of the court shall pay each collected civil penalty to 1799
the county treasurer for deposit into the county treasury. 1800

       Sec. 2925.58. (A) A seller or an agent or employee of a 1801
seller may not be found guilty of a charge of a violation of 1802
section 2925.56 of the Revised Code in which the age of the 1803
purchaser or other recipient of a pseudoephedrine product is an 1804
element of the alleged violation if the seller, agent, or employee 1805
raises and proves as an affirmative defense that all of the 1806
following occurred: 1807

       (1) A card holder attempting to purchase or receive a 1808
pseudoephedrine product presented a driver's or commercial 1809
driver's license or an identification card. 1810

       (2) A transaction scan of the driver's or commercial driver's 1811
license or identification card that the card holder presented 1812
indicated that the license or card was valid. 1813

       (3) The pseudoephedrine product was sold, given away, or 1814
otherwise distributed to the card holder in reasonable reliance 1815
upon the identification presented and the completed transaction 1816
scan. 1817

       (B) In determining whether a seller or an agent or employee 1818
of a seller has proven the affirmative defense provided by 1819
division (A) of this section, the trier of fact in the action for 1820
the alleged violation of section 2925.56 of the Revised Code shall 1821
consider any written policy that the seller has adopted and 1822
implemented and that is intended to prevent violations of section 1823
2925.56 of the Revised Code. For purposes of division (A)(3) of 1824
this section, the trier of fact shall consider that reasonable 1825
reliance upon the identification presented and the completed 1826
transaction scan may require a seller or an agent or employee of a 1827
seller to exercise reasonable diligence to determine, and that the 1828
use of a transaction scan device does not excuse a seller or an 1829
agent or employee of a seller from exercising reasonable diligence 1830
to determine, the following: 1831

       (1) Whether a person to whom the seller or agent or employee 1832
of a seller sells, gives away, or otherwise distributes a 1833
pseudoephedrine product is eighteen years of age or older; 1834

       (2) Whether the description and picture appearing on the 1835
driver's or commercial driver's license or identification card 1836
presented by a card holder is that of the card holder. 1837

       (C) In any criminal action in which the affirmative defense 1838
provided by division (A) of this section is raised, the registrar 1839
of motor vehicles or a deputy registrar who issued an 1840
identification card under sections 4507.50 to 4507.52 of the 1841
Revised Code shall be permitted to submit certified copies of the 1842
records of that issuance in lieu of the testimony of the personnel 1843
of or contractors with the bureau of motor vehicles in the action. 1844

       Sec. 2933.33. (A) If a law enforcement officer has probable 1845
cause to believe that particular premises are used for the illegal 1846
manufacture of methamphetamine, for the purpose of conducting a 1847
search of the premises without a warrant, the risk of explosion or 1848
fire from the illegal manufacture of methamphetamine causing 1849
injury to the public constitutes exigent circumstances and 1850
reasonable grounds to believe that there is an immediate need to 1851
protect the lives, or property, of the officer and other 1852
individuals in the vicinity of the illegal manufacture. 1853

       (B) As used in this section, "methamphetamine" has the same 1854
meaning as in section 2925.01 of the Revised Code. 1855

       Sec. 3715.05. (A) As used in this section and section 3715.06 1856
of the Revised Code: 1857

        (1) "Consumer product" means any food or drink that is 1858
consumed or used by humans and any drug, including a drug that may 1859
be provided legally only pursuant to a prescription, that is 1860
intended to be consumed or used by humans. 1861

       (2) "Drug," "licensed health professional authorized to 1862
prescribe drugs," "pharmacy," "prescriber," "prescription," and 1863
"terminal distributor of dangerous drugs" have the same meanings 1864
as in section 4729.01 of the Revised Code. 1865

        (3) "Pharmacist" means a person licensed under Chapter 4729. 1866
of the Revised Code to engage in the practice of pharmacy. 1867

        (4) "Proof of age" means a driver's license, a commercial 1868
driver's license, a military identification card, a passport, or 1869
an identification card issued under sections 4507.50 to 4507.52 of 1870
the Revised Code that shows a person is eighteen years of age or 1871
older. 1872

        (5) "Pseudoephedrine" means any material, compound, mixture, 1873
or preparation that contains any quantity of pseudoephedrine, any 1874
of its salts, optical isomers, or salts of optical isomers. 1875

       (6) "Pseudoephedrine product" means a consumer product 1876
consisting of a single-ingredient preparation of pseudoephedrine 1877
in which pseudoephedrine is the active ingredient. 1878
"Pseudoephedrine product" does not include either of the 1879
following: 1880

       (a) A consumer product containing pseudoephedrine that is in 1881
a liquid, liquid capsule, or gel capsule form; 1882

       (b) A consumer product primarily intended for administration 1883
to children under twelve years of age, according to the label 1884
instructions, in solid dosage form, including chewable tablets, 1885
when individual dosage units do not exceed fifteen milligrams of 1886
pseudoephedrine. 1887

        (7) "Retailer" means a place of business that offers consumer 1888
products for sale to the general public. 1889

        (8) "Single-ingredient preparation" means a compound, 1890
mixture, preparation, or substance that contains a single active 1891
ingredient. 1892

       (9) "Wholesaler" has the same meaning as in section 3719.01 1893
of the Revised Code. 1894

        (B) A retailer or terminal distributor of dangerous drugs 1895
that sells, offers to sell, holds for sale, delivers, or otherwise 1896
provides a pseudoephedrine product to the public shall do all of 1897
the following: 1898

        (1) Segregate pseudoephedrine products from other merchandise 1899
so that no member of the public may procure or purchase such 1900
products without the direct assistance of a pharmacist or other 1901
authorized employee of the retailer or terminal distributor of 1902
dangerous drugs; 1903

        (2) With regard to each time a pseudoephedrine product is 1904
sold or otherwise provided: 1905

        (a) Determine, by examination of a valid proof of age, that 1906
the purchaser or recipient is at least eighteen years of age; 1907

        (b) Make a reasonable attempt to ensure that no individual 1908
purchases or receives more than nine grams of pseudoephedrine 1909
products within a period of thirty consecutive days; 1910

       (3) Maintain a log book of pseudoephedrine product purchases, 1911
in accordance with division (C) of this section. 1912

        (C)(1) As used in division (C) of this section, "law 1913
enforcement official" means an officer or employee of any agency 1914
or authority of the United States, a state, a territory, a 1915
political division of a state or territory, or an Indian tribe, 1916
who is empowered by the law to investigate or conduct an official 1917
inquiry into a potential violation of law or prosecute or 1918
otherwise conduct a criminal, civil, or administrative proceeding 1919
arising from an alleged violation of law. 1920

       (2) A retailer or terminal distributor of dangerous drugs 1921
that sells, offers to sell, holds for sale, delivers, or otherwise 1922
provides a pseudoephedrine product to the public shall maintain a 1923
log book of all purchases of pseudoephedrine products. The log 1924
book may be maintained in a tangible format, in an electronic 1925
format, or in both a tangible format and an electronic format. As 1926
part of this requirement, the retailer or terminal distributor of 1927
dangerous drugs shall do all of the following: 1928

       (a) Require each purchaser to sign an entry in the log book 1929
that is maintained in the electronic or tangible format; 1930

       (b) Determine whether the name signed in the entry in the log 1931
book corresponds with the name on a government-issued 1932
identification card; 1933

       (c) Retain the log book in a tangible format, in an 1934
electronic format, or in both a tangible format and an electronic 1935
format for a minimum of one year after the date of the last 1936
purchase recorded in the log book; 1937

       (d) Include in the log book in the manner described in 1938
division (C)(5) of this section or, in the alternative, post, in a 1939
conspicuous location, the following statement: "Ohio law prohibits 1940
the over-the-counter purchase within any period of thirty 1941
consecutive days of more than nine grams of any consumer product 1942
in which pseudoephedrine is the only active ingredient. If you 1943
purchase a consumer product in which pseudoephedrine is the only 1944
active ingredient, you are required to sign a log book that may be 1945
accessible to law enforcement officers and to provide a 1946
government-issued identification card to verify your identity. 1947
Except in limited circumstances, the purchase within any period of 1948
thirty consecutive days of more than nine grams of any consumer 1949
product in which pseudoephedrine is the only active ingredient, 1950
and the purchase by any individual under eighteen years of age of 1951
any consumer product in which pseudoephedrine is the only active 1952
ingredient, are subject to criminal prosecution or delinquency 1953
proceedings in accordance with Ohio law. Also, the provision of 1954
false information concerning an individual's name, age, or other 1955
identification for the purpose of acquiring any consumer product 1956
in which pseudoephedrine is the only active ingredient is subject 1957
to criminal prosecution or delinquency proceedings in accordance 1958
with Ohio law." 1959

       (3) Each purchaser of a pseudoephedrine product shall do all 1960
of the following: 1961

       (a) Sign and print the purchaser's name and address in the 1962
log book; 1963

       (b) Provide a government-issued identification card to the 1964
retailer or terminal distributor of dangerous drugs to verify the 1965
purchaser's identity; 1966

       (4) Information contained in the log book may not be used or 1967
disclosed except in the following circumstances: 1968

       (a) In response to a court order or subpoena; 1969

       (b) In response to a request from a law enforcement official 1970
to be used for law enforcement purposes. 1971

       (5) If a retailer or terminal distributor of dangerous drugs 1972
chooses to include the statement set forth in division (C)(2)(d) 1973
of this section in the log book maintained under division (C)(2) 1974
of this section, the statement shall be set forth in the following 1975
manner: 1976

       (a) If the log book is maintained in an electronic format, 1977
the statement shall be set forth in such a manner that it is 1978
presented on the viewing screen to each purchaser who is signing 1979
an entry in the log book before the purchaser may sign the entry. 1980

       (b) If the log book is maintained in a tangible format, the 1981
statement shall be set forth on the cover of the log book and on 1982
each page of the log book. 1983

        (D) Prescriptions, orders, and records maintained pursuant to 1984
this section and stocks of pseudoephedrine products shall be open 1985
for inspection to federal, state, county, and municipal officers, 1986
and employees of the state board of pharmacy whose duty it is to 1987
enforce the laws of this state or of the United States relating to 1988
controlled substances. Such prescriptions, orders, records, and 1989
stocks shall be open for inspection by the state medical board and 1990
its employees for purposes of enforcing Chapter 4731. of the 1991
Revised Code. 1992

       Sec. 3715.06. (A) Each retailer, terminal distributor of 1993
dangerous drugs, pharmacy, prescriber, or wholesaler that sells, 1994
offers to sell, holds for sale, delivers, or otherwise provides 1995
any pseudoephedrine product and that discovers the theft or loss 1996
of any pseudoephedrine product in an amount of more than nine 1997
grams per incident of theft or loss shall notify all of the 1998
following upon discovery of the theft or loss: 1999

       (1) The state board of pharmacy, by telephone immediately 2000
upon discovery of the theft or loss. 2001

       (2) Law enforcement authorities. If the incident is a theft 2002
and the theft constitutes a felony, the retailer, terminal 2003
distributor of dangerous drugs, pharmacy, prescriber, or 2004
wholesaler shall report the theft to the law enforcement 2005
authorities in accordance with section 2921.22 of the Revised 2006
Code. 2007

       (B) Within thirty days after making a report by telephone to 2008
the state board of pharmacy pursuant to division (A)(1) of this 2009
section, a retailer, terminal distributor of dangerous drugs, 2010
pharmacy, prescriber, or wholesaler shall send a written report to 2011
the state board of pharmacy. 2012

       (C) The reports required under this section shall identify 2013
the product that was stolen or lost, the amount of the product 2014
stolen or lost, and the date and time of discovery of the theft or 2015
loss. 2016

       Sec. 4301.61. (A) As used in this section and section 2017
4301.611 of the Revised Code: 2018

       (1) "Card holder" means any person who presents a driver's or 2019
commercial driver's license or an identification card to a permit 2020
holder, or an agent or employee of a permit holder, for either of 2021
the purposes listed in division (A)(4)(a) or (b) of this section. 2022

       (2) "Identification card" means an identification card issued 2023
under sections 4507.50 to 4507.52 of the Revised Code. 2024

       (3) "Permit holder" means the holder of a permit issued under 2025
Chapter 4303. of the Revised Code. 2026

       (4) "Transaction scan" means the process by which a permit 2027
holder or an agent or employee of a permit holder checks, by means 2028
of a transaction scan device, the validity of a driver's or 2029
commercial driver's license or an identification card that is 2030
presented as a condition for doing either of the following: 2031

       (a) Purchasing any beer, intoxicating liquor, or low-alcohol 2032
beverage; 2033

       (b) Gaining admission to a premises that has been issued a 2034
liquor permit authorizing the sale of beer or intoxicating liquor 2035
for consumption on the premises where sold, and where admission is 2036
restricted to persons twenty-one years of age or older. 2037

       (5) "Transaction scan device" means any commercial device or 2038
combination of devices used at a point of sale that is capable of 2039
deciphering in an electronically readable format the information 2040
encoded on the magnetic strip or bar code of a driver's or 2041
commercial driver's license or an identification card. 2042

       (B)(1) A permit holder or an agent or employee of a permit 2043
holder may perform a transaction scan by means of a transaction 2044
scan device to check the validity of a driver's or commercial 2045
driver's license or identification card presented by a card holder 2046
for either of the purposes listed in division (A)(4)(a) or (b) of 2047
this section. 2048

       (2) If the information deciphered by the transaction scan 2049
performed under division (B)(1) of this section fails to match the 2050
information printed on the driver's or commercial driver's license 2051
or identification card presented by the card holder, or if the 2052
transaction scan indicates that the information so printed is 2053
false or fraudulent, neither the permit holder nor any agent or 2054
employee of the permit holder shall sell any beer, intoxicating 2055
liquor, or low-alcohol beverage to the card holder. 2056

       (3) Division (B)(1) of this section does not preclude a 2057
permit holder or an agent or employee of a permit holder from 2058
using a transaction scan device to check the validity of a 2059
document other than a driver's or commercial driver's license or 2060
an identification card, if the document includes a bar code or 2061
magnetic strip that may be scanned by the device, as a condition 2062
of a sale of beer, intoxicating liquor, or a low-alcohol beverage 2063
or of granting admission to a premises described in division 2064
(A)(4) of this section. 2065

       (C) The registrar of motor vehicles, with the approval of the 2066
liquor control commission, shall adopt, and may amend or rescind, 2067
rules in accordance with Chapter 119. of the Revised Code that do 2068
both of the following: 2069

       (1) Govern the recording and maintenance of information 2070
described in divisions (D)(1)(a) and (b) of this section ~~and~~, 2071
divisions (D)(1)(a) and (b) of section 2927.021 of the Revised 2072
Code, and divisions (D)(1)(a) and (b) of section 2925.57 of the 2073
Revised Code; 2074

       (2) Ensure quality control in the use of transaction scan 2075
devices under this section and sections 2927.021, 2927.022, 2076
2925.57, 2925.58, and 4301.611 of the Revised Code. 2077

       (D)(1) No permit holder or agent or employee of a permit 2078
holder shall electronically or mechanically record or maintain any 2079
information derived from a transaction scan, except the following: 2080

       (a) The name and date of birth of the person listed on the 2081
driver's or commercial driver's license or identification card 2082
presented by a card holder; 2083

       (b) The expiration date and identification number of the 2084
driver's or commercial driver's license or identification card 2085
presented by a card holder. 2086

       (2) No permit holder or agent or employee of a permit holder 2087
shall use the information that is derived from a transaction scan 2088
or that is permitted to be recorded and maintained by division 2089
(D)(1) of this section, except for purposes of section 4301.611 of 2090
the Revised Code. 2091

       (3) No permit holder or agent or employee of a permit holder 2092
shall use a transaction scan device for a purpose other than a 2093
purpose listed in division (A)(4)(a) or (b) of this section. 2094

       (4) No permit holder or agent or employee of a permit holder 2095
shall sell or otherwise disseminate the information derived from a 2096
transaction scan to any third party, including, but not limited 2097
to, selling or otherwise disseminating that information for any 2098
marketing, advertising, or promotional activities, but a permit 2099
holder or agent or employee of a permit holder may release that 2100
information pursuant to a court order or as specifically 2101
authorized by section 4301.611 or another section of the Revised 2102
Code. 2103

       (E) Nothing in this section or section 4301.611 of the 2104
Revised Code relieves a permit holder or an agent or employee of a 2105
permit holder of any responsibility to comply with any other 2106
applicable state or federal laws or rules governing the sale of 2107
beer, intoxicating liquor, or low-alcohol beverages. 2108

       (F) Whoever violates division (B)(2) or (D) of this section 2109
is guilty of an illegal liquor transaction scan, and the court may 2110
impose upon the offender a civil penalty of up to one thousand 2111
dollars for each violation. The clerk of the court shall pay each 2112
collected civil penalty to the county treasurer for deposit into 2113
the county treasury. 2114

       Section 2. That existing sections 109.60, 2151.022, 2152.02, 2115
2919.22, 2925.01, 2925.04, 2925.041, 2925.14, 2925.52, and 4301.61 2116
of the Revised Code are hereby repealed. 2117

       Section 3. Section 2151.022 of the Revised Code is presented 2118
in this act as a composite of the section as amended by both Am. 2119
Sub. S.B. 179 and Sub. S.B. 218 of the 123rd General Assembly. The 2120
General Assembly, applying the principle stated in division (B) of 2121
section 1.52 of the Revised Code that amendments are to be 2122
harmonized if reasonably capable of simultaneous operation, finds 2123
that the composite is the resulting version of the section in 2124
effect prior to the effective date of the section as presented in 2125
this act. 2126

Section 1. That sections 109.60, 2151.022, 2152.02, 2919.22,	7
2925.01, 2925.04, 2925.041, 2925.14, 2925.52, and 4301.61 be	8
amended and sections 2925.55, 2925.56, 2925.57, 2925.58, 2933.33,	9
3715.05, and 3715.06 of the Revised Code be enacted to read as	10
follows:	11

Sec. 109.60. (A)(1) The sheriffs of the several counties and	12
the chiefs of police of cities, immediately upon the arrest of any	13
person for any felony, on suspicion of any felony, for a crime	14
constituting a misdemeanor on the first offense and a felony on	15
subsequent offenses, or for any misdemeanor described in division	16
(A)(1)(a) of section 109.572 of the Revised Code, and immediately	17
upon the arrest or taking into custody of any child under eighteen	18
years of age for committing an act that would be a felony or an	19
offense of violence if committed by an adult or upon probable	20
cause to believe that a child of that age may have committed an	21
act that would be a felony or an offense of violence if committed	22
by an adult, shall take the person's or child's fingerprints, or	23
cause the same to be taken, according to the fingerprint system of	24
identification on the forms furnished by the superintendent of the	25
bureau of criminal identification and investigation, and	26
immediately shall forward copies of the completed forms, any other	27
description that may be required, and the history of the offense	28
committed to the bureau to be classified and filed and to the	29
clerk of the court having jurisdiction over the prosecution of the	30
offense or over the adjudication relative to the act.	31

(2) If a sheriff or chief of police has not taken, or caused	32
to be taken, a person's or child's fingerprints in accordance with	33
division (A)(1) of this section by the time of the arraignment or	34
first appearance of the person or child, the court shall order the	35
person or child to appear before the sheriff or chief of police	36
within twenty-four hours to have the person's or child's	37
fingerprints taken. The sheriff or chief of police shall take the	38
person's or child's fingerprints, or cause the fingerprints to be	39
taken, according to the fingerprint system of identification on	40
the forms furnished by the superintendent of the bureau of	41
criminal identification and investigation and, immediately after	42
the person's or child's arraignment or first appearance, forward	43
copies of the completed forms, any other description that may be	44
required, and the history of the offense committed to the bureau	45
to be classified and filed and to the clerk of the court.	46

(3) Every court with jurisdiction over a case involving a	47
person or child with respect to whom division (A)(1) of this	48
section requires a sheriff or chief of police to take the person's	49
or child's fingerprints shall inquire at the time of the person's	50
or child's sentencing or adjudication whether or not the person or	51
child has been fingerprinted pursuant to division (A)(1) or (2) of	52
this section for the original arrest upon which the sentence or	53
adjudication is based. If the person or child was not	54
fingerprinted for the original arrest upon which the sentence or	55
adjudication is based, the court shall order the person or child	56
to appear before the sheriff or chief of police within twenty-four	57
hours to have the person's or child's fingerprints taken. The	58
sheriff or chief of police shall take the person's or child's	59
fingerprints, or cause the fingerprints to be taken, according to	60
the fingerprint system of identification on the forms furnished by	61
the superintendent of the bureau of criminal identification and	62
investigation and immediately forward copies of the completed	63
forms, any other description that may be required, and the history	64
of the offense committed to the bureau to be classified and filed	65
and to the clerk of the court.	66

(4) If a person or child is in the custody of a law	67
enforcement agency or a detention facility, as defined in section	68
2921.01 of the Revised Code, and the chief law enforcement officer	69
or chief administrative officer of the detention facility	70
discovers that a warrant has been issued or a bill of information	71
has been filed alleging the person or child to have committed an	72
offense or act other than the offense or act for which the person	73
or child is in custody, and the other alleged offense or act is	74
one for which fingerprints are to be taken pursuant to division	75
(A)(1) of this section, the law enforcement agency or detention	76
facility shall take the fingerprints of the person or child, or	77
cause the fingerprints to be taken, according to the fingerprint	78
system of identification on the forms furnished by the	79
superintendent of the bureau of criminal identification and	80
investigation and immediately forward copies of the completed	81
forms, any other description that may be required, and the history	82
of the offense committed to the bureau to be classified and filed	83
and to the clerk of the court that issued the warrant or with	84
which the bill of information was filed.	85

(5) If an accused is found not guilty of the offense charged	86
or a nolle prosequi is entered in any case, or if any accused	87
child under eighteen years of age is found not to be a delinquent	88
child for committing an act that would be a felony or an offense	89
of violence if committed by an adult or not guilty of the felony	90
or offense of violence charged or a nolle prosequi is entered in	91
that case, the fingerprints and description shall be given to the	92
accused upon the accused's request.	93

(6) The superintendent shall compare the description received	94
with those already on file in the bureau, and, if the	95
superintendent finds that the person arrested or taken into	96
custody has a criminal record or a record as a delinquent child	97
for having committed an act that would be a felony or an offense	98
of violence if committed by an adult or is a fugitive from justice	99
or wanted by any jurisdiction in this or another state, the United	100
States, or a foreign country for any offense, the superintendent	101
at once shall inform the arresting officer, the officer taking the	102
person into custody, or the chief administrative officer of the	103
county, multicounty, municipal, municipal-county, or	104
multicounty-municipal jail or workhouse, community-based	105
correctional facility, halfway house, alternative residential	106
facility, or state correctional institution in which the person or	107
child is in custody of that fact and give appropriate notice to	108
the proper authorities in the jurisdiction in which the person is	109
wanted, or, if that jurisdiction is a foreign country, give	110
appropriate notice to federal authorities for transmission to the	111
foreign country. The names, under which each person whose	112
identification is filed is known, shall be alphabetically indexed	113
by the superintendent.	114

(B) ~~This~~Division (A) of this section does not apply to a	115
violator of a city ordinance unless the officers have reason to	116
believe that the violator is a past offender or the crime is one	117
constituting a misdemeanor on the first offense and a felony on	118
subsequent offenses, or unless it is advisable for the purpose of	119
subsequent identification. This section does not apply to any	120
child under eighteen years of age who was not arrested or	121
otherwise taken into custody for committing an act that would be a	122
felony or an offense of violence if committed by an adult or upon	123
probable cause to believe that a child of that age may have	124
committed an act that would be a felony or an offense of violence	125
if committed by an adult, except as provided in section 2151.313	126
of the Revised Code.	127

(C)(1) For purposes of division (C) of this section, a law	128
enforcement agency shall be considered to have arrested a person	129
if any law enforcement officer who is employed by, appointed by,	130
or serves that agency arrests the person. As used in division (C)	131
of this section:	132

(a) "Illegal methamphetamine manufacturing laboratory" has	133
the same meaning as in section 3745.13 of the Revised Code.	134

(b) "Methamphetamine or a methamphetamine product" means	135
methamphetamine, any salt, isomer, or salt of an isomer of	136
methamphetamine, or any compound, mixture, preparation, or	137
substance containing methamphetamine or any salt, isomer, or salt	138
of an isomer of methamphetamine.	139

(2) Each law enforcement agency that, in any calendar year,	140
arrests any person for a violation of section 2925.04 of the	141
Revised Code that is based on the manufacture of methamphetamine	142
or a methamphetamine product, a violation of section 2925.041 of	143
the Revised Code that is based on the possession of chemicals	144
sufficient to produce methamphetamine or a methamphetamine	145
product, or a violation of any other provision of Chapter 2925. or	146
3719. of the Revised Code that is based on the possession of	147
chemicals sufficient to produce methamphetamine or a	148
methamphetamine product shall prepare an annual report covering	149
the calendar year that contains the information specified in	150
division (C)(3) of this section relative to all arrests for	151
violations of those sections committed under those circumstances	152
during that calendar year and relative to illegal methamphetamine	153
manufacturing laboratories, dump sites, and chemical caches as	154
specified in that division and shall send the annual report, not	155
later than the first day of March in the calendar year following	156
the calendar year covered by the report, to the bureau of criminal	157
identification and investigation.	158

The law enforcement agency shall write any annual report	159
prepared and filed under this division on the standard forms	160
furnished by the superintendent of the bureau of criminal	161
identification and investigation pursuant to division (C)(4) of	162
this section. The annual report shall be a statistical report, and	163
nothing in the report or in the information it contains shall	164
identify, or enable the identification of, any person who was	165
arrested and whose arrest is included in the information contained	166
in the report. The annual report in the possession of the bureau	167
and the information it contains are public records for the purpose	168
of section 149.43 of the Revised Code.	169

(3) The annual report prepared and filed by a law enforcement	170
agency under division (C)(2) of this section shall contain all of	171
the following information for the calendar year covered by the	172
report:	173

(a) The total number of arrests made by the agency in that	174
calendar year for a violation of section 2925.04 of the Revised	175
Code that is based on the manufacture of methamphetamine or a	176
methamphetamine product, a violation of section 2925.041 of the	177
Revised Code that is based on the possession of chemicals	178
sufficient to produce methamphetamine or a methamphetamine	179
product, or a violation of any other provision of Chapter 2925. or	180
3719. of the Revised Code that is based on the possession of	181
chemicals sufficient to produce methamphetamine or a	182
methamphetamine product;	183

(b) The total number of illegal methamphetamine manufacturing	184
laboratories at which one or more of the arrests reported under	185
division (C)(3)(a) of this section occurred, or that were	186
discovered in that calendar year within the territory served by	187
the agency but at which none of the arrests reported under	188
division (C)(3)(a) of this section occurred;	189

(c) The total number of dump sites and chemical caches that	190
are, or that are reasonably believed to be, related to illegal	191
methamphetamine manufacturing and that were discovered in that	192
calendar year within the territory served by the agency.	193

(4) The superintendent of the bureau of criminal	194
identification and investigation shall prepare and furnish to each	195
law enforcement agency in this state standard forms for making the	196
annual reports required by division (C)(2) of this section. The	197
standard forms that the superintendent prepares pursuant to this	198
division may be in a tangible format, in an electronic format, or	199
in both a tangible format and an electronic format.	200

(5) The annual report required by division (C)(2) of this	201
section is separate from, and in addition to, any report,	202
materials, or information required under division (A) of this	203
section or under any other provision of sections 109.57 to 109.62	204
of the Revised Code.	205

Sec. 2151.022. As used in this chapter, "unruly child"	206
includes any of the following:	207

(A) Any child who does not submit to the reasonable control	208
of the child's parents, teachers, guardian, or custodian, by	209
reason of being wayward or habitually disobedient;	210

(B) Any child who is an habitual truant from school and who	211
previously has not been adjudicated an unruly child for being an	212
habitual truant;	213

(C) Any child who behaves in a manner as to injure or	214
endanger the child's own health or morals or the health or morals	215
of others;	216

(D) Any child who violates a law, other than division (A) of	217
section 2923.211, division (C)(1) or (D) of section 2925.55 or	218
section 2151.87 of the Revised Code, that is applicable only to a	219
child.	220

(A) "Act charged" means the act that is identified in a	222
complaint, indictment, or information alleging that a child is a	223
delinquent child.	224

(B) "Admitted to a department of youth services facility"	225
includes admission to a facility operated, or contracted for, by	226
the department and admission to a comparable facility outside this	227
state by another state or the United States.	228

(C)(1) "Child" means a person who is under eighteen years of	229
age, except as otherwise provided in divisions (C)(2) to (6) of	230
this section.	231

(2) Subject to division (C)(3) of this section, any person	232
who violates a federal or state law or a municipal ordinance prior	233
to attaining eighteen years of age shall be deemed a "child"	234
irrespective of that person's age at the time the complaint with	235
respect to that violation is filed or the hearing on the complaint	236
is held.	237

(3) Any person who, while under eighteen years of age,	238
commits an act that would be a felony if committed by an adult and	239
who is not taken into custody or apprehended for that act until	240
after the person attains twenty-one years of age is not a child in	241
relation to that act.	242

(4) Any person whose case is transferred for criminal	243
prosecution pursuant to section 2152.12 of the Revised Code shall	244
be deemed after the transfer not to be a child in the transferred	245
case.	246