| Section 1. That sections 1547.01, 1547.11, 1547.111, 1547.99, | 23 |
| 1905.01, 1905.03, 1905.05, 1905.201, 2317.02, 2317.022, 2317.422, | 24 |
| 2743.51, 2919.22, 2937.46, 2951.02, 3701.143, 3937.41, 4506.17, | 25 |
| 4510.01, 4510.032, 4510.036, 4510.17, 4510.54, 4511.181, 4511.19, | 26 |
| 4511.191, 4511.192, 4511.194, and 4766.15 be amended and section | 27 |
| 4510.011 of the Revised Code be enacted to read as follows: | 28 |
| Sec. 1547.01. (A) As used in sections 1541.03,
1547.26, | 29 |
|
1547.39, 1547.40, 1547.53, 1547.54, 1547.541, 1547.542,
1547.543, | 30 |
|
1547.56, 1547.57, 1547.66, 3733.21, and 5311.01 of the
Revised | 31 |
|
Code, "watercraft" means any of the following when used
or
capable | 32 |
|
of being used for transportation on the water: | 33 |
| (i) The person is under the influence of alcohol, a drug of | 260 |
| abuse, or a combination of them, and, as measured by gas | 261 |
| chromatography mass spectrometry, the person has a concentration | 262 |
| of marihuana metabolite in the person's urine of at least fifteen | 263 |
| nanograms of marihuana metabolite per milliliter of the person's | 264 |
| urine or has a concentration of marihuana metabolite in the | 265 |
| person's whole blood or blood serum or plasma of at least five | 266 |
| nanograms of marihuana metabolite per milliliter of the person's | 267 |
| whole blood or blood serum or plasma. | 268 |
| (D)(1) In any criminal prosecution
or juvenile court | 313 |
|
proceeding for a violation of
division (A) or (B) of this
section | 314 |
|
or
for an equivalent
violation, the court may admit evidence on | 315 |
|
the concentration of
alcohol,
drugs of abuse, controlled | 316 |
| substances, metabolites of a controlled substance,
or a | 317 |
|
combination of
them in the
defendant's
or child's whole blood, | 318 |
|
blood serum or
plasma, urine,
or
breath at the time of the alleged | 319 |
| violation as
shown by
chemical
analysis of the
substance | 320 |
withdrawn, or
specimen taken
within
twothree hours of the
time of | 321 |
| the alleged
violation. The three-hour time limit specified in this | 322 |
| division regarding the admission of evidence does not extend or | 323 |
| affect the two-hour time limit specified in division (C) of | 324 |
| section 1547.111 of the Revised Code as the maximum period of time | 325 |
| during which a person may consent to a chemical test or tests as | 326 |
| described in that section. | 327 |
| When a person submits to a blood test, only a physician,
a | 328 |
|
registered nurse, or
a qualified technician,
chemist,
or | 329 |
|
phlebotomist shall
withdraw blood for the purpose of determining
| 330 |
|
the alcohol, drug, controlled substance, metabolite of a | 331 |
controlled substance,
or alcohol and drugcombination
content
of | 332 |
|
the whole
blood,
blood serum, or blood plasma. This
limitation | 333 |
|
does not
apply to
the taking
of breath or urine specimens. A
| 334 |
|
person
authorized to
withdraw blood
under this division may refuse | 335 |
|
to
withdraw blood
under
this division
if, in
that person's | 336 |
|
opinion, the
physical
welfare of the
defendant or
child would be | 337 |
|
endangered by
withdrawing
blood. | 338 |
| (2)
In a criminal prosecution or juvenile court
proceeding | 344 |
|
for a violation of division (A) of this section or for
a
violation | 345 |
|
of a prohibition that is substantially equivalent to
division
(A) | 346 |
|
of this section, if there was at the time the
bodily substance was | 347 |
|
taken a
concentration of
less than
the
applicable concentration
of | 348 |
|
alcohol specified
for a
violation of
division (A)(2), (3), (4),
or | 349 |
|
(5) of this
section or less than the applicable concentration of a | 350 |
| listed controlled substance or a listed metabolite of a controlled | 351 |
| substance specified for a violation of division (A)(6) of this | 352 |
| section,
that fact may
be considered with other
competent evidence | 353 |
|
in
determining the
guilt or innocence of the
defendant
or in | 354 |
| making
an
adjudication
for the child.
This
division
does not limit | 355 |
| or
affect a
criminal
prosecution or
juvenile court
proceeding for | 356 |
| a
violation of
division
(B) of this
section or for
a violation of | 357 |
| a
prohibition
that is
substantially
equivalent to
that division. | 358 |
| The person tested may have a physician,
a registered nurse, | 363 |
|
or
a qualified technician, chemist,
or
phlebotomist of the | 364 |
|
person's own
choosing administer
a chemical test or tests in | 365 |
|
addition to any administered at the
direction of a law enforcement | 366 |
|
officer, and shall be so advised.
The failure or inability to | 367 |
|
obtain an additional test by a person
shall not preclude the | 368 |
|
admission of evidence relating to the test
or tests taken at the | 369 |
|
direction of a law enforcement officer. | 370 |
| (E)(1) In any criminal prosecution or juvenile court | 371 |
|
proceeding for a violation of division (A) or (B) of this section | 372 |
|
or for an equivalent violation, if a law enforcement officer has | 373 |
|
administered a field
sobriety test to the operator or person found | 374 |
|
to be in physical
control of the vessel underway involved in the | 375 |
|
violation or the
person manipulating the water skis, aquaplane, or | 376 |
|
similar device
involved in the violation and if it is shown by | 377 |
|
clear and convincing evidence that the officer
administered the | 378 |
|
test
in substantial compliance with the testing
standards for | 379 |
|
reliable, credible, and generally accepted field
sobriety tests | 380 |
|
for vehicles that were in effect at the time the
tests were | 381 |
|
administered, including, but not limited to, any
testing standards | 382 |
|
then in effect that have been set by the
national
highway traffic | 383 |
|
safety administration, that by their
nature are not
clearly | 384 |
|
inapplicable regarding the operation or
physical control
of | 385 |
|
vessels underway or the manipulation of water
skis, aquaplanes,
or | 386 |
|
similar devices, all of the following apply: | 387 |
| (F)(1)
Subject to division
(F)(3) of this section, in
any | 406 |
|
criminal prosecution or juvenile court proceeding for a violation | 407 |
|
of this
section or for an equivalent violation, the court shall | 408 |
|
admit as prima-facie
evidence a laboratory report from any | 409 |
forensic laboratory
certifiedpersonnel issued a permit by the | 410 |
| department of health authorizing an analysis as described in this | 411 |
| division that
contains an analysis of
the whole blood, blood serum | 412 |
| or plasma,
breath, urine, or other
bodily substance tested and | 413 |
| that contains
all of the information
specified in this division. | 414 |
| The laboratory
report shall contain
all of the following: | 415 |
| (2) Notwithstanding any other provision of law regarding the | 433 |
|
admission of
evidence, a report of
the type described in division | 434 |
|
(F)(1) of this section is not
admissible against the
defendant
or | 435 |
|
child to whom it pertains in any proceeding, other than a | 436 |
|
preliminary
hearing or a grand jury proceeding, unless the | 437 |
|
prosecutor has served a copy of the report on the
defendant's or | 438 |
|
child's attorney or, if the defendant or child has no attorney,
on | 439 |
|
the defendant or child. | 440 |
| (3) A report of the type described in division
(F)(1) of
this | 441 |
|
section shall not be prima-facie evidence of the contents, | 442 |
|
identity, or amount of any substance if, within seven days after | 443 |
|
the defendant or child to whom the report pertains or the | 444 |
|
defendant's
or child's attorney receives a copy of the report, the | 445 |
|
defendant or child or
the defendant's or child's attorney demands | 446 |
|
the testimony of the person who
signed the report. The judge in | 447 |
|
the case may extend the seven-day
time limit in the interest of | 448 |
|
justice. | 449 |
| (G) Except as otherwise provided in this division, any | 450 |
|
physician, registered nurse, or qualified technician,
chemist,
or | 451 |
|
phlebotomist who withdraws blood from a person
pursuant to this | 452 |
|
section, and a hospital, first-aid station, or clinic at which | 453 |
|
blood is withdrawn from a person pursuant to this section, is | 454 |
|
immune from criminal
and
civil liability
based upon a claim of | 455 |
|
assault and battery or
any
other
claim that is not
a claim of | 456 |
|
malpractice, for
any
act performed in withdrawing blood from the | 457 |
|
person.
The immunity
provided in this division is not available to | 458 |
|
a person who
withdraws blood if the person engages in willful or | 459 |
|
wanton
misconduct. | 460 |
| (H) Division (A)(6) of this section does not apply to a | 461 |
| person who operates or is in physical control of a vessel underway | 462 |
| or manipulates any water skis, aquaplane, or similar device while | 463 |
| the person has a concentration of a listed controlled substance or | 464 |
| a listed metabolite of a controlled substance in the person's | 465 |
| whole blood, blood serum or plasma, or urine that equals or | 466 |
| exceeds the amount specified in that division, if both of the | 467 |
| following apply: | 468 |
| Sec. 1547.111. (A)(1) Any person who operates
or is in | 493 |
|
physical
control of a vessel or
manipulates any water skis, | 494 |
|
aquaplane, or
similar device upon any waters
in this state shall | 495 |
|
be deemed to
have given consent to a chemical
test or tests
to | 496 |
|
determine the
alcohol, drug of abuse,
controlled substance, | 497 |
metabolite of a controlled substance, or alcohol and drug of
abuse | 498 |
| combination content
of
the person's whole blood, blood serum or | 499 |
| plasma,
breath, or
urine
if arrested
for
operating
or being
in | 500 |
| physical
control of a vessel or
manipulating any water
skis, | 501 |
|
aquaplane, or
similar device in violation of section 1547.11
of | 502 |
|
the Revised Code
or a substantially equivalent municipal | 503 |
|
ordinance. | 504 |
| (2)
The test or tests
under division (A) of this
section | 505 |
|
shall be
administered at the
direction of a law enforcement | 506 |
|
officer having reasonable grounds
to believe the person
was | 507 |
|
operating
or in
physical control of a vessel or
manipulating
any | 508 |
|
water skis, aquaplane, or similar device in
violation of
section | 509 |
|
1547.11 of the Revised Code
or a
substantially equivalent | 510 |
|
municipal
ordinance. The law enforcement
agency
by which the | 511 |
|
officer is employed shall designate which
test
or tests shall be | 512 |
|
administered. | 513 |
| (C) Any person under arrest for
violating section 1547.11
of | 519 |
| the Revised Code
or a
substantially equivalent municipal
ordinance | 520 |
| shall be advised
of
the consequences of refusing to
submit to a | 521 |
|
chemical test
or tests
designated
as provided in
division
(A) of | 522 |
| this section. The advice shall be in a written
form
prescribed by | 523 |
| the chief of the division of watercraft and
shall
be
read to the | 524 |
| person. The form shall contain a statement
that
the
form was shown | 525 |
| to the person under arrest and read to the
person
by the arresting | 526 |
| officer. The
reading of the form shall
be witnessed by one or
more | 527 |
|
persons, and the witnesses shall
certify to this fact by
signing | 528 |
|
the form. The person must submit to the chemical test or tests, | 529 |
| subsequent to the request of the arresting officer, within two | 530 |
| hours of the time of the alleged violation, and if the person does | 531 |
| not submit to the test or tests within that two-hour time limit, | 532 |
| the failure to submit automatically constitutes a refusal to | 533 |
| submit to the test or tests. | 534 |
| (D) If a
law enforcement officer asks a person under arrest | 535 |
|
for
violating section
1547.11 of the Revised Code
or a | 536 |
|
substantially equivalent municipal
ordinance to submit to a | 537 |
|
chemical test
or tests as
provided in
division
(A) of this | 538 |
|
section,
if the arresting
officer
advises
the person of the | 539 |
|
consequences of
the
person's refusal as
provided in division (C) | 540 |
|
of
this section,
and if the person
refuses to submit, no chemical | 541 |
|
test
shall be
given.
Upon receipt of
a sworn statement of
the
| 542 |
|
officer that the
arresting law enforcement officer had
reasonable | 543 |
|
grounds to believe the arrested person
violated section 1547.11
of | 544 |
| the Revised Code or
a substantially
equivalent municipal
ordinance | 545 |
| and that the person
refused to
submit to the chemical
test upon | 546 |
|
the
request of the
officer, and upon receipt of the
form as | 547 |
| provided in
division (C) of this section certifying that
the | 548 |
| arrested person
was advised of the consequences of the
refusal, | 549 |
|
the chief of the
division of watercraft shall inform the
person by | 550 |
| written notice
that the
person is prohibited from
operating
or | 551 |
| being in physical
control of a
vessel,
from
manipulating
any
water | 552 |
| skis,
aquaplane, or
similar device, and
from
registering
any | 553 |
| watercraft
in accordance with section 1547.54
of
the Revised
Code, | 554 |
| for one
year following the date of the
alleged
violation.
The | 555 |
| suspension of these
operation,
physical
control,
manipulation, and | 556 |
|
registration privileges
shall
continue
for
the entire
one-year | 557 |
|
period, subject to review as
provided in
this
section. | 558 |
| If the person under arrest is the owner of the vessel | 559 |
|
involved in the alleged violation, the
law enforcement officer who | 560 |
|
arrested the person shall
seize the watercraft registration | 561 |
|
certificate and tags from the
vessel involved in the violation and | 562 |
|
forward them to the chief. The chief shall retain the
impounded | 563 |
|
registration certificate and tags and shall impound
all other | 564 |
|
registration
certificates and tags issued to the person in | 565 |
|
accordance with sections 1547.54 and 1547.57 of the Revised Code, | 566 |
|
for a period of one year following the date of the alleged | 567 |
|
violation,
subject to review as provided in this section. | 568 |
| If the arrested person fails to surrender the
registration | 569 |
|
certificate because it is not on the person of the
arrested person | 570 |
|
or in the watercraft, the law enforcement
officer who made the | 571 |
|
arrest shall order the person to
surrender it within twenty-four | 572 |
|
hours to the law enforcement officer or the
law enforcement agency | 573 |
|
that employs the law enforcement officer.
If the person fails to | 574 |
|
do so, the law
enforcement officer shall notify the chief of that | 575 |
|
fact in the
statement the officer submits to the chief under this | 576 |
|
division. | 577 |
| (E) Upon suspending a person's operation,
physical control,
| 578 |
|
manipulation,
and
registration privileges in accordance with | 579 |
|
division (D)
of this
section, the chief shall notify the
person in | 580 |
|
writing, at
the person's last known address, and
inform the person | 581 |
|
that the
person may
petition for a hearing in accordance with | 582 |
|
division (F)
of this section. If a
person whose operation, | 583 |
|
physical control,
manipulation,
and registration
privileges
have | 584 |
| been suspended
petitions for
a hearing or appeals any
adverse | 585 |
|
decision, the suspension
shall
begin at the
termination
of any | 586 |
|
hearing or appeal unless the
hearing or appeal
results in a | 587 |
|
decision
favorable to the person. | 588 |
| (F) Any person who has been notified by the chief that the | 589 |
|
person is prohibited from
operating
or being in physical control | 590 |
|
of a vessel or
manipulating any
water skis, aquaplane, or
similar | 591 |
|
device
and
from registering any watercraft in accordance
with | 592 |
| section
1547.54 of the Revised Code, or who has had the | 593 |
|
registration
certificate and tags of the person's watercraft | 594 |
|
impounded
pursuant
to
division (D) of this section, within twenty | 595 |
|
days of the
notification or impoundment, may file a petition in | 596 |
|
the municipal
court or the county court, or if the person is a | 597 |
|
minor
in juvenile
court,
with jurisdiction
over the place
at
which | 598 |
| the
arrest
occurred,
agreeing to pay the cost of the
proceedings | 599 |
| and
alleging
error in
the action taken by the chief
under
division | 600 |
| (D)
of this
section or alleging one or more of the
matters within | 601 |
| the
scope of
the hearing as provided in this
section, or both. The | 602 |
|
petitioner
shall notify the chief of the
filing of the
petition | 603 |
|
and send
the
chief a copy of the petition. | 604 |
| The scope of the hearing is limited to the issues of
whether | 605 |
|
the law enforcement officer had reasonable grounds to
believe the | 606 |
|
petitioner was operating
or in physical control of a vessel
or
| 607 |
|
manipulating any water
skis, aquaplane, or similar device
in | 608 |
|
violation of
section 1547.11
of the Revised Code or a | 609 |
|
substantially equivalent municipal
ordinance,
whether the | 610 |
|
petitioner was placed under arrest, whether
the petitioner
refused | 611 |
|
to submit to the chemical test upon request
of the
officer, and | 612 |
|
whether the petitioner was advised of the
consequences of the | 613 |
|
petitioner's refusal. | 614 |
| In the proceedings, the chief shall be represented by
the | 625 |
|
prosecuting attorney of the county in which the petition is
filed | 626 |
|
if the petition is filed in a county court or juvenile
court, | 627 |
|
except that if the arrest occurred within a city or
village within | 628 |
|
the jurisdiction of the county court in which the
petition is | 629 |
|
filed, the city director of law or village solicitor
of that city | 630 |
|
or village shall represent the chief. If the
petition is filed in | 631 |
|
the municipal court, the chief shall be
represented as provided in | 632 |
|
section 1901.34 of the
Revised
Code. | 633 |
| (3) If the court finds from the evidence submitted that
the | 634 |
|
person has failed to show error in the action taken by the
chief | 635 |
|
under division (D) of this
section or in one or more of the | 636 |
|
matters within the scope of the
hearing as provided in division | 637 |
|
(F) of this section, or both,
the court shall assess the cost of | 638 |
|
the proceeding against
the person and shall uphold the suspension | 639 |
|
of the operation,
physical
control, use, and registration | 640 |
|
privileges provided in division (D)
of this
section. If the court | 641 |
|
finds that the person has shown error in
the action taken by the | 642 |
|
chief under
division (D) of this section or in one or more of the | 643 |
|
matters
within the scope of the hearing as provided in division | 644 |
|
(F) of
this section, or both, the cost of the proceedings shall be | 645 |
|
paid
out of the county treasury of the county in which the | 646 |
|
proceedings
were held,
the chief shall reinstate the operation, | 647 |
|
physical
control,
manipulation,
and registration privileges of
the | 648 |
|
person
without charge, and
the chief shall
return the
registration | 649 |
|
certificate and tags, if impounded,
without charge. | 650 |
| (H) At the end of any period of suspension or impoundment | 653 |
|
imposed under this section, and upon request of the person whose | 654 |
|
operation,
physical control, use,
and registration privileges
were | 655 |
|
suspended or
whose registration certificate and tags were | 656 |
|
impounded, the chief
shall reinstate the person's
operation, | 657 |
|
physical control,
manipulation, and registration privileges by | 658 |
|
written
notice and
return the certificate and tags. | 659 |
| (I) No person who has received written notice from the
chief | 660 |
|
that the person is
prohibited from operating
or being in physical | 661 |
|
control of a vessel,
from
manipulating any water skis,
aquaplane, | 662 |
| or
similar
device, and from registering a watercraft,
or who has | 663 |
| had
the
registration certificate and tags of the
person's | 664 |
| watercraft
impounded, in
accordance with division (D) of
this | 665 |
| section, shall
operate
or be in
physical control of a vessel
or
| 666 |
|
manipulate any water
skis, aquaplane, or
similar device for
a | 667 |
| period of one year
following the date of the person's
alleged | 668 |
|
violation of section
1547.11 of the Revised Code
or the | 669 |
|
substantially equivalent
municipal ordinance. | 670 |
| (F) Whoever violates division (M) of section 1547.54, | 685 |
|
division (G) of section 1547.30, or section 1547.131, 1547.25, | 686 |
|
1547.33, 1547.38, 1547.39, 1547.40,
1547.65, 1547.69, or 1547.92 | 687 |
|
of the
Revised Code or a rule adopted under division (A)(2) of | 688 |
|
section
1547.52 of the Revised Code is guilty of a misdemeanor of | 689 |
|
the
fourth degree. | 690 |
| The court may suspend the execution of the mandatory
jail | 700 |
|
term of three
consecutive days
that it is required
to impose by | 701 |
|
division (G)(1) of this section if the court, in
lieu
of the | 702 |
|
suspended
jail term, places the offender
under a community control | 703 |
| sanction pursuant to section
2929.25 of the Revised Code
and | 704 |
| requires the
offender to attend,
for three consecutive days, a | 705 |
|
drivers'
intervention program that
is certified pursuant to | 706 |
|
section
3793.10 of the Revised Code. The
court also may suspend | 707 |
|
the
execution of any part of the mandatory
jail term of three | 708 |
| consecutive days
that it is
required to impose by division
(G)(1) | 709 |
|
of this section if
the court
places the offender
under a community | 710 |
| control
sanction pursuant to section 2929.25 of the Revised Code | 711 |
| for
part
of the three
consecutive days; requires the offender to | 712 |
|
attend,
for that part
of the three consecutive days, a drivers' | 713 |
|
intervention program
that is certified pursuant to section 3793.10 | 714 |
|
of the Revised
Code; and sentences the offender to a
jail term
| 715 |
| equal
to the remainder of the three consecutive days
that the | 716 |
| offender
does not spend attending the drivers'
intervention | 717 |
| program. The
court may require the offender, as a
condition of
| 718 |
|
community control, to
attend and
satisfactorily complete any | 719 |
|
treatment or education
programs, in
addition to the required | 720 |
|
attendance at a drivers'
intervention
program, that the operators | 721 |
|
of the drivers'
intervention program
determine that the offender | 722 |
|
should attend
and to report
periodically to the court on the | 723 |
|
offender's progress
in the
programs. The court also may impose
any | 724 |
| other conditions of
community control on the offender that it | 725 |
|
considers
necessary. | 726 |
| (2) If, within
six years of the offense, the offender
has | 727 |
|
been convicted of or pleaded guilty to one violation of
section | 728 |
|
1547.11 of the Revised Code, of a municipal ordinance
relating to | 729 |
|
operating a watercraft or manipulating any water skis,
aquaplane, | 730 |
|
or similar device while under the influence of alcohol,
a drug of | 731 |
|
abuse, or
a combination of
them, of a municipal ordinance
relating | 732 |
| to operating a watercraft
or manipulating any water
skis, | 733 |
|
aquaplane, or similar device with
a prohibited
concentration of | 734 |
|
alcohol, a controlled substance, or a metabolite of a controlled | 735 |
| substance in the
whole blood,
blood
serum or plasma, breath, or | 736 |
|
urine, of division
(A)(1) of
section
2903.06 of the Revised Code, | 737 |
|
or of division
(A)(2), (3),
or (4) of
section 2903.06 of the | 738 |
|
Revised Code
or
section
2903.06 or
2903.07 of the Revised Code
as | 739 |
|
they existed prior to March 23,
2000, in a case in which
the jury | 740 |
|
or judge found that the offender
was under the influence
of | 741 |
|
alcohol, a drug of abuse, or
a combination of them, the
court | 742 |
|
shall
sentence the offender to a
jail term
of
ten
consecutive
days | 743 |
| and may sentence the offender pursuant to
section
2929.24 of
the | 744 |
| Revised Code to a longer
jail term. In
addition,
the court shall | 745 |
| impose upon the
offender a fine of not
less than
one hundred fifty | 746 |
| nor more than
one thousand dollars. | 747 |
| (4) Upon a showing that
serving a jail term
would seriously | 764 |
|
affect
the ability of an offender sentenced
pursuant to division | 765 |
|
(G)(1),
(2), or (3) of this section to
continue the offender's | 766 |
|
employment,
the court may authorize that
the offender be granted | 767 |
| work release
after the
offender has served the
mandatory jail term | 768 |
| of three, ten,
or
thirty consecutive days
that the court is | 769 |
|
required
by division (G)(1), (2), or (3) of this section to | 770 |
|
impose. No
court shall authorize work release
during the
mandatory | 771 |
| jail term of
three, ten, or thirty consecutive days
that the
court | 772 |
| is required by division (G)(1), (2),
or (3) of
this section
to | 773 |
| impose. The duration of the work
release shall
not exceed the
time | 774 |
| necessary each day for the
offender to
commute to and from
the | 775 |
| place of employment and the
place
in which the jail term is served | 776 |
| and the
time
actually spent under employment. | 777 |
| (5) Notwithstanding any section of the Revised Code that | 778 |
|
authorizes the suspension of the imposition or execution of a | 779 |
|
sentence or the placement of an offender in any treatment program | 780 |
|
in lieu of
being imprisoned or serving a jail term,
no court shall | 781 |
| suspend the
mandatory jail term of ten or thirty
consecutive days
| 782 |
| required to be imposed by
division (G)(2) or (3) of this section | 783 |
| or place an offender who
is
sentenced pursuant to division (G)(2) | 784 |
| or (3) of this section
in
any treatment program in lieu of
being | 785 |
| imprisoned or
serving a jail term until after the
offender has | 786 |
| served the
mandatory jail term of ten or thirty consecutive days
| 787 |
| required to be imposed pursuant to division (G)(2)
or
(3) of this | 788 |
| section. Notwithstanding any section of the
Revised
Code that | 789 |
| authorizes the suspension of the imposition or
execution
of a | 790 |
| sentence or the placement of an offender in any
treatment
program | 791 |
| in lieu of
being imprisoned or serving a jail
term, no court, | 792 |
| except as
specifically
authorized by division
(G)(1) of this | 793 |
| section, shall
suspend the
mandatory jail term of
three | 794 |
| consecutive days
required to be
imposed by
division (G)(1) of this | 795 |
| section or place an offender
who is
sentenced pursuant to division | 796 |
| (G)(1) of this section in
any
treatment program in lieu of | 797 |
| imprisonment until after the
offender
has served the
mandatory | 798 |
| jail term of three consecutive days
required to
be imposed | 799 |
| pursuant to division (G)(1) of
this
section. | 800 |
| (H) Whoever violates section 1547.304 of the Revised Code
is | 804 |
|
guilty of a misdemeanor of the fourth degree and also shall be | 805 |
|
assessed any costs incurred by the state or a county, township, | 806 |
|
municipal corporation, or other political subdivision in
disposing | 807 |
|
of an abandoned junk vessel or outboard motor, less any
money | 808 |
|
accruing to the state, county, township, municipal
corporation, or | 809 |
|
other political subdivision from that
disposal. | 810 |
| (L) The sentencing court, in addition to the penalty
provided | 823 |
|
under this section for a violation of this chapter or a
rule | 824 |
| adopted under it
that involves a powercraft powered by more
than | 825 |
| ten horsepower and that, in
the opinion of the court,
involves a | 826 |
| threat to the safety of persons or
property, shall
order the | 827 |
| offender to complete successfully a boating course
approved by the | 828 |
| national association of state boating law
administrators
before | 829 |
| the offender is allowed to operate a
powercraft powered by more | 830 |
| than
ten horsepower on the waters in
this state. Violation of a | 831 |
| court order
entered under this
division is punishable as contempt | 832 |
| under Chapter
2705. of the
Revised Code. | 833 |
| Sec. 1905.01. (A) In
Georgetown in Brown county, in Mount | 834 |
|
Gilead in Morrow county, and in all
other municipal corporations | 835 |
| having a population of more than one hundred,
other than
Batavia | 836 |
| in Clermont county, not being
the site of a
municipal
court nor a | 837 |
| place where a judge of the
Auglaize county,
Crawford
county, | 838 |
| Jackson county, Miami county,
Portage county, or
Wayne
county | 839 |
| municipal court sits as required
pursuant to section
1901.021 of | 840 |
| the Revised Code or by
designation of the judges
pursuant to | 841 |
| section 1901.021 of the
Revised Code, the mayor of the
municipal | 842 |
| corporation has
jurisdiction, except as provided in
divisions (B), | 843 |
|
(C), and (E) of this
section and subject to the
limitation | 844 |
| contained in section
1905.03 and the limitation
contained in | 845 |
| section 1905.031 of the
Revised Code, to hear and
determine any | 846 |
| prosecution for the
violation of an ordinance of the
municipal | 847 |
| corporation, to hear
and determine any case involving a
violation | 848 |
| of a vehicle parking
or standing ordinance of the
municipal | 849 |
| corporation unless the
violation is required to be
handled by a | 850 |
| parking violations
bureau or joint parking violations
bureau | 851 |
| pursuant to Chapter
4521. of the Revised Code, and to hear
and | 852 |
| determine all criminal
causes involving any moving traffic | 853 |
|
violation occurring on a
state highway located within the | 854 |
|
boundaries of the municipal
corporation, subject to the | 855 |
|
limitations of sections 2937.08 and
2938.04 of the Revised Code. | 856 |
| (B)(1) In
Georgetown in Brown county, in Mount Gilead in | 857 |
|
Morrow county, and in all
other municipal corporations having a | 858 |
| population of more than one hundred, other than
Batavia
in | 859 |
|
Clermont county, not being the site of
a municipal
court nor a | 860 |
|
place where a judge of a court listed in
division (A)
of this | 861 |
|
section sits as required pursuant to section
1901.021 of
the | 862 |
|
Revised Code or by designation of the judges
pursuant to
section | 863 |
|
1901.021 of the Revised Code, the mayor of
the municipal | 864 |
|
corporation has jurisdiction, subject to the
limitation contained | 865 |
|
in section 1905.03 of the Revised Code, to
hear and determine | 866 |
|
prosecutions involving a violation of an
ordinance of the | 867 |
|
municipal corporation relating to operating a
vehicle while under | 868 |
|
the influence of alcohol, a drug of abuse, or
a
combination of | 869 |
|
them or relating to operating a vehicle
with a prohibited | 870 |
|
concentration of alcohol, a controlled substance, or a metabolite | 871 |
| of a controlled substance in the
whole blood,
blood serum or | 872 |
|
plasma, breath,
or urine, and to
hear and determine
criminal | 873 |
|
causes involving a
violation of
section 4511.19 of the
Revised | 874 |
|
Code that occur on a
state highway
located within the
boundaries | 875 |
|
of the municipal
corporation,
subject to the
limitations of | 876 |
|
sections 2937.08 and
2938.04 of the
Revised Code,
only if the | 877 |
|
person charged with the
violation,
within six years of
the date of | 878 |
|
the violation
charged, has not
been convicted of or
pleaded guilty | 879 |
|
to any of
the following: | 880 |
| (2) The mayor of a municipal corporation does not have | 907 |
|
jurisdiction to hear and determine any prosecution or criminal | 908 |
|
cause involving a violation described in division (B)(1)(a) or
(b) | 909 |
|
of this section, regardless of where the violation occurred,
if | 910 |
|
the person charged with the violation, within six years of
the | 911 |
|
violation charged, has been convicted of or pleaded guilty to
any | 912 |
|
violation listed in division (B)(1)(a), (b), (c), or
(d) of this | 913 |
|
section. | 914 |
| If the mayor of a municipal corporation, in hearing a | 915 |
|
prosecution involving a violation of an ordinance of the
municipal | 916 |
|
corporation the mayor serves relating to operating
a vehicle while | 917 |
|
under the influence of alcohol, a drug of abuse, or
a
combination | 918 |
| of them or relating to operating a
vehicle with a
prohibited | 919 |
|
concentration of alcohol, a controlled substance, or a metabolite | 920 |
| of a controlled substance in the
whole
blood,
blood
serum or | 921 |
| plasma, breath, or
urine, or in
hearing a
criminal cause
involving | 922 |
| a violation of
section 4511.19
of the
Revised Code,
determines | 923 |
| that the person
charged, within
six years
of the
violation | 924 |
| charged, has
been
convicted of or
pleaded guilty
to any
violation | 925 |
| listed in
division (B)(1)(a), (b),
(c), or (d) of
this
section, | 926 |
| the mayor
immediately shall transfer
the case to the
county court | 927 |
| or
municipal court with jurisdiction
over the
violation charged, | 928 |
| in
accordance with section 1905.032 of
the
Revised Code. | 929 |
| (C)(1) In
Georgetown in Brown county, in Mount Gilead in | 930 |
|
Morrow county, and in all
other municipal corporations having a | 931 |
| population of more than one hundred, other than
Batavia
in | 932 |
|
Clermont county, not being the site of
a municipal
court and not | 933 |
|
being a place where a judge of a court
listed in
division (A) of | 934 |
|
this section sits as required pursuant
to section
1901.021 of the | 935 |
|
Revised Code or by designation of the
judges
pursuant to section | 936 |
|
1901.021 of the Revised Code, the
mayor of the
municipal | 937 |
|
corporation, subject to sections 1901.031,
2937.08, and
2938.04 of | 938 |
|
the Revised Code, has jurisdiction to
hear and
determine | 939 |
|
prosecutions involving a violation of a
municipal
ordinance that | 940 |
|
is substantially equivalent to division
(A)
of
section 4510.14 or | 941 |
|
section
4510.16 of the Revised Code and
to
hear and determine | 942 |
|
criminal causes that involve a moving
traffic
violation, that | 943 |
|
involve a violation of division
(A)
of section
4510.14 or section
| 944 |
|
4510.16 of the
Revised Code, and that occur on
a state
highway | 945 |
|
located within the
boundaries of the municipal
corporation only if | 946 |
|
all of the
following apply regarding the
violation and the person | 947 |
|
charged: | 948 |
| (iii) A violation of any municipal ordinance or section of | 958 |
|
the Revised Code that regulates the operation of vehicles, | 959 |
|
streetcars, and trackless trolleys upon the highways or streets, | 960 |
|
in a case in which, after a charge against the person of a | 961 |
|
violation of a type described in division (C)(1)(a)(i) or (ii) of | 962 |
|
this section was dismissed or reduced, the person is convicted of | 963 |
|
or pleads guilty to a violation that arose out of the same facts | 964 |
|
and circumstances and the same act as did the charge that was | 965 |
|
dismissed or reduced. | 966 |
| (iii) A violation of any municipal ordinance or section of | 978 |
|
the Revised Code that regulates the operation of vehicles, | 979 |
|
streetcars, and trackless trolleys upon the highways or streets
in | 980 |
|
a case in which, after a charge against the person of a
violation | 981 |
|
of a type described in division (C)(1)(b)(i) or (ii) of
this | 982 |
|
section was dismissed or reduced, the person is convicted of
or | 983 |
|
pleads guilty to a violation that arose out of the same facts
and | 984 |
|
circumstances and the same act as did the charge that was | 985 |
|
dismissed or reduced. | 986 |
| (2) The mayor of a municipal corporation does not have | 987 |
|
jurisdiction to hear and determine any prosecution or criminal | 988 |
|
cause involving a violation described in division (C)(1)(a)(i) or | 989 |
|
(ii) of this section if the person charged with the violation, | 990 |
|
within
six years of the violation charged, has been convicted
of | 991 |
|
or pleaded guilty to any violation listed in division | 992 |
|
(C)(1)(a)(i), (ii), or (iii) of this section and does not have | 993 |
|
jurisdiction to hear and determine any prosecution or criminal | 994 |
|
cause involving a violation described in division (C)(1)(b)(i) or | 995 |
|
(ii) of this section if the person charged with the violation, | 996 |
|
within
six years of the violation charged, has been convicted
of | 997 |
|
or pleaded guilty to any violation listed in division | 998 |
|
(C)(1)(b)(i), (ii), or (iii) of this section. | 999 |
| (3) If the mayor of a municipal corporation, in hearing a | 1000 |
|
prosecution involving a violation of an ordinance of the
municipal | 1001 |
|
corporation the mayor serves that is substantially
equivalent to | 1002 |
|
division
(A)
of section
4510.14 or section
4510.16 of the
Revised | 1003 |
|
Code or a violation of division
(A)
of section 4510.14 or
section
| 1004 |
|
4510.16 of the
Revised Code, determines that, under
division | 1005 |
|
(C)(2) of this section, mayors do not have jurisdiction
of the | 1006 |
|
prosecution, the mayor immediately shall transfer the case
to the | 1007 |
|
county court or municipal court with jurisdiction over the | 1008 |
|
violation in
accordance with section 1905.032 of the Revised Code. | 1009 |
| (D) If the mayor of a municipal corporation has
jurisdiction | 1010 |
|
pursuant to division (B)(1) of this section to hear
and determine | 1011 |
|
a prosecution or criminal cause involving a
violation described in | 1012 |
|
division (B)(1)(a) or (b) of this section,
the authority of the | 1013 |
|
mayor to hear or determine the prosecution
or cause is subject to | 1014 |
|
the limitation contained in division (C)
of section 1905.03 of the | 1015 |
|
Revised Code. If the mayor of a
municipal corporation has | 1016 |
|
jurisdiction pursuant to division (A)
or (C) of this section to | 1017 |
|
hear and determine a prosecution or
criminal cause involving a | 1018 |
|
violation other than a violation
described in division (B)(1)(a) | 1019 |
|
or (b) of this section, the
authority of the mayor to hear or | 1020 |
|
determine the prosecution or
cause is subject to the limitation | 1021 |
|
contained in division
(C) of section 1905.031 of the Revised Code. | 1022 |
| Sec. 1905.03. (A) The supreme court may adopt rules | 1048 |
|
prescribing educational standards for mayors of municipal | 1049 |
|
corporations who conduct a mayor's court and who wish to exercise | 1050 |
|
the jurisdiction granted by section 1905.01 of the Revised Code | 1051 |
|
over a prosecution or criminal cause involving a violation of | 1052 |
section 4511.19 of the Revised Code, a violation of any ordinance | 1053 |
of the municipal corporation relating to operating a vehicle
while | 1054 |
under the influence of alcohol, a drug of abuse, or alcohol
and a | 1055 |
drug of abuse, or a violation of anymunicipal OVI ordinance of | 1056 |
the
municipal corporation relating to operating a vehicle with a | 1057 |
prohibited concentration of alcoholas defined in section 4511.181 | 1058 |
of the blood, breath, or
urineRevised Code. Any educational | 1059 |
| standards prescribed by rule
under authority of this division | 1060 |
| shall be for the purpose of
assisting mayors of municipal | 1061 |
| corporations who conduct a mayor's
court and who wish to exercise | 1062 |
| the jurisdiction granted by
section 1905.01 of the Revised Code | 1063 |
| over such a prosecution or
cause in the handling of such a | 1064 |
| prosecution or cause, and shall
include, but shall not be limited | 1065 |
| to, all of the following: | 1066 |
| (B) If the supreme court adopts rules under authority of | 1101 |
|
division (A) of this section prescribing educational standards
for | 1102 |
| mayors of municipal corporations who conduct a mayor's court
and | 1103 |
| who wish to exercise the jurisdiction granted by section
1905.01 | 1104 |
| of the Revised Code over a prosecution or criminal cause
involving | 1105 |
| a violation described in division (A) of this section,
the court | 1106 |
| may formulate a basic training course and a periodic
continuing | 1107 |
| education course that such a mayor may complete to
satisfy those | 1108 |
| educational standards, and may offer or provide for
the offering | 1109 |
| of the basic training course and the periodic
continuing education | 1110 |
| course to mayors of municipal corporations. | 1111 |
| (C) Notwithstanding section 1905.01 of the Revised Code,
if | 1125 |
| the supreme court adopts rules under authority of division (A)
of | 1126 |
| this section, if the supreme court formulates a basic training | 1127 |
|
course and a periodic continuing education course under division | 1128 |
|
(B) of this section, and if the supreme court offers or provides | 1129 |
|
for the offering of the basic training course and the periodic | 1130 |
|
continuing education course to mayors, a mayor shall not hear or | 1131 |
|
determine, on or after July 1, 1991, any prosecution or criminal | 1132 |
|
cause involving a violation described in division (A) of this | 1133 |
|
section unless the exemption under the provisions described in | 1134 |
|
division (A)(5) of this section applies to the mayor, or unless, | 1135 |
|
prior to hearing the prosecution or criminal cause, the mayor | 1136 |
|
successfully has completed the basic training course offered or | 1137 |
|
provided for by the supreme court and has been issued a | 1138 |
|
certificate attesting to satisfactory completion of the basic | 1139 |
|
training course and also successfully has completed any periodic | 1140 |
|
continuing education course offered or provided for by the
supreme | 1141 |
| court that is applicable to the mayor under the
rules and has
been | 1142 |
| issued a certificate attesting to satisfactory
completion of the | 1143 |
| periodic continuing education course. | 1144 |
| This division does not affect and shall not be construed as | 1145 |
|
affecting the authority of a mayor to appoint a mayor's court | 1146 |
|
magistrate under section 1905.05 of the Revised Code. If a mayor | 1147 |
|
is prohibited from hearing or determining a prosecution or | 1148 |
|
criminal cause involving a violation described in division (A) of | 1149 |
|
this section due to the operation of this division, the | 1150 |
|
prohibition against the mayor hearing or determining the | 1151 |
|
prosecution or cause does not affect and shall not be construed
as | 1152 |
| affecting the jurisdiction or authority of a mayor's court | 1153 |
|
magistrate appointed under that section to hear and determine the | 1154 |
|
prosecution or cause in accordance with that section. | 1155 |
| Sec. 1905.05. (A) A mayor of a municipal corporation that | 1156 |
|
has a mayor's court may appoint a person as mayor's court | 1157 |
|
magistrate to hear and determine prosecutions and criminal causes | 1158 |
|
in the mayor's court that are within the jurisdiction of the | 1159 |
|
mayor's court, as set forth in section 1905.01 of the Revised | 1160 |
|
Code. No person shall be appointed as a mayor's court magistrate | 1161 |
|
unless the person has been admitted to the practice of law in
this | 1162 |
| state and, for a total of at least three years preceding
the | 1163 |
| person's
appointment or the commencement of the person's service | 1164 |
| as
magistrate, has
been engaged in the practice of law in this | 1165 |
| state or served as a
judge of a court of record in any | 1166 |
| jurisdiction in the United
States, or both. | 1167 |
| A person appointed as a mayor's court magistrate under this | 1168 |
|
division is entitled to hear and determine prosecutions and | 1169 |
|
criminal causes in the mayor's court that are within the | 1170 |
|
jurisdiction of the mayor's court, as set forth in section
1905.01 | 1171 |
| of the Revised Code. If a mayor is prohibited from
hearing or | 1172 |
| determining a prosecution or cause that charges a
person with a | 1173 |
| violation of section 4511.19 of the Revised Code or
with a | 1174 |
violation of a municipal OVI ordinance relating to operating a | 1175 |
vehicle while under the influence of alcohol, a drug of abuse, or | 1176 |
alcohol and a drug of abuse or relating to operating a vehicle | 1177 |
with a prohibited concentration of alcoholas defined in section | 1178 |
4511.181 of the blood, breath,
or urineRevised Code due to the | 1179 |
| operation of division (C) of section 1905.03
of the Revised Code, | 1180 |
| or is prohibited from hearing or determining
any other prosecution | 1181 |
| or cause due to the operation of division
(C) of section 1905.031 | 1182 |
| of the Revised Code, the
prohibition
against the mayor hearing or | 1183 |
| determining the prosecution or cause
does not affect and shall not | 1184 |
| be construed as affecting the
jurisdiction or authority of a | 1185 |
| person appointed as a mayor's
court magistrate under this division | 1186 |
| to hear and determine the
prosecution or cause in accordance with | 1187 |
| this section. In hearing
and determining such prosecutions and | 1188 |
| causes, the magistrate has
the same powers, duties, and authority | 1189 |
| as does a mayor who
conducts a mayor's court to hear and determine | 1190 |
| prosecutions and
causes in general, including, but not limited to, | 1191 |
| the power and
authority to decide the prosecution or cause, enter | 1192 |
| judgment, and
impose sentence; the powers, duties, and authority | 1193 |
| granted to
mayors of mayor's courts by this chapter, in relation | 1194 |
| to the
hearing and determination of prosecutions and causes in | 1195 |
| mayor's
courts; and the powers, duties, and authority granted to | 1196 |
| mayors
of mayor's courts by any other provision of the Revised | 1197 |
| Code, in
relation to the hearing and determination of prosecutions | 1198 |
| and
causes in mayor's courts. A judgment entered and a sentence | 1199 |
|
imposed by a mayor's court magistrate do not have to be reviewed | 1200 |
|
or approved by the mayor who appointed the magistrate, and
have | 1201 |
| the same
force and effect as if they had been entered or imposed | 1202 |
| by the
mayor. | 1203 |
| (B) The appointment of a person as a mayor's court
magistrate | 1215 |
| under division (A) of this section does not preclude
the mayor | 1216 |
| that appointed the magistrate, subject to the
limitation contained | 1217 |
|
in section 1905.03 and the limitation contained in section | 1218 |
|
1905.031 of the Revised Code, from also hearing and determining | 1219 |
|
prosecutions and criminal causes in the mayor's court that are | 1220 |
|
within the jurisdiction of the mayor's court, as set forth in | 1221 |
|
section 1905.01 of the Revised Code. | 1222 |
| Sec. 1905.201. The mayor of a municipal corporation that
has | 1223 |
|
a mayor's court, and a mayor's court magistrate, are entitled
to | 1224 |
|
suspend, and shall suspend, in accordance
with
sections
4510.02, | 1225 |
|
4510.07, and
4511.19 of the Revised Code, the
driver's or | 1226 |
|
commercial driver's
license or permit or nonresident
operating | 1227 |
|
privilege of any person
who is convicted of or pleads
guilty to a | 1228 |
|
violation of division
(A) of section 4511.19 of the
Revised Code, | 1229 |
|
of a municipal
ordinance relating to operating a
vehicle while | 1230 |
|
under the
influence of alcohol, a drug of abuse, or
a combination | 1231 |
|
of them, or of a municipal ordinance relating
to operating a | 1232 |
|
vehicle with a prohibited concentration of alcohol, a controlled | 1233 |
| substance, or a metabolite of a controlled substance
in the
whole | 1234 |
|
blood,
blood serum or plasma, breath, or urine that
is | 1235 |
|
substantially equivalent
to division (A) of section 4511.19 of
the | 1236 |
|
Revised Code. The
mayor of a municipal corporation that has a | 1237 |
|
mayor's court, and a
mayor's court magistrate, are entitled to | 1238 |
|
suspend, and shall
suspend, in accordance with
sections 4510.02, | 1239 |
|
4510.07, and 4511.19 of
the
Revised Code, the driver's, or | 1240 |
|
commercial driver's license or
permit or nonresident operating | 1241 |
|
privilege of any person who is
convicted of or pleads guilty to a | 1242 |
|
violation of division (B) of
section 4511.19 of the Revised Code | 1243 |
|
or of a municipal ordinance
relating to operating a vehicle with a | 1244 |
|
prohibited concentration
of
alcohol in the
whole blood,
blood | 1245 |
|
serum or plasma, breath, or
urine that is substantially
equivalent | 1246 |
|
to division (B) of section
4511.19 of the Revised
Code. | 1247 |
| Suspension of a commercial driver's license under this | 1248 |
|
section shall be concurrent with any period of disqualification
or | 1249 |
|
suspension
under section
3123.58 or 4506.16 of the
Revised Code. | 1250 |
|
No
person who is disqualified for life from holding
a commercial | 1251 |
|
driver's license
under section 4506.16 of the Revised
Code shall | 1252 |
|
be issued a
driver's license under Chapter 4507. of the
Revised | 1253 |
|
Code during
the period for which the commercial driver's
license | 1254 |
|
was
suspended under this section, and no person whose
commercial | 1255 |
|
driver's license is suspended under this section shall
be issued
a | 1256 |
|
driver's license under Chapter 4507. of the Revised
Code during | 1257 |
|
the period of the suspension. | 1258 |
| (A) An attorney, concerning a communication made to the | 1261 |
|
attorney by a client in that relation or the
attorney's advice to | 1262 |
|
a client, except
that the attorney may testify by express consent | 1263 |
|
of the client
or, if the client is deceased, by the express | 1264 |
|
consent of the
surviving spouse or the executor or administrator | 1265 |
|
of the estate
of the deceased client and except that, if the | 1266 |
|
client voluntarily
testifies or is deemed by section 2151.421 of | 1267 |
|
the Revised Code to
have waived any testimonial privilege under | 1268 |
|
this division, the
attorney may be compelled to testify on the | 1269 |
|
same subject; | 1270 |
| (B)(1) A physician or a dentist concerning a communication | 1271 |
|
made to the physician or dentist by a patient in that relation or | 1272 |
|
the
physician's or dentist's advice to a
patient, except as | 1273 |
|
otherwise provided in this division, division (B)(2), and
division | 1274 |
|
(B)(3) of this section, and except that, if the patient
is deemed | 1275 |
|
by section 2151.421 of the Revised Code to have waived
any | 1276 |
|
testimonial privilege under this division, the physician may
be | 1277 |
|
compelled to testify on the same subject. | 1278 |
| (iii) If a medical claim, dental claim, chiropractic
claim, | 1291 |
|
or optometric claim, as defined in section 2305.113 of the
Revised | 1292 |
|
Code, an action for wrongful death, any other type of
civil | 1293 |
|
action, or a claim under Chapter 4123. of the Revised Code
is | 1294 |
|
filed by the patient, the personal representative of the
estate of | 1295 |
|
the patient if deceased, or the patient's guardian
or other legal | 1296 |
|
representative. | 1297 |
| (c) In any criminal action concerning any test or the
results | 1305 |
| of any test that determines the presence or concentration
of | 1306 |
alcohol,
a drug of abuse, or alcohol and a drugcombination of | 1307 |
abusethem, a controlled substance, or a metabolite of a | 1308 |
| controlled substance in the
patient's whole
blood, blood serum or | 1309 |
| plasma, breath, urine, or other bodily substance at any
time | 1310 |
|
relevant to the criminal offense in question. | 1311 |
| (d) In any criminal action against a physician
or dentist.
In | 1312 |
| such an action, the testimonial privilege
established under
this | 1313 |
| division does not prohibit the admission
into evidence, in | 1314 |
|
accordance with the
Rules of
Evidence, of a patient's
medical or | 1315 |
|
dental records or other communications between a
patient and the | 1316 |
|
physician or dentist that are related to the
action and obtained | 1317 |
|
by subpoena, search warrant, or other lawful
means. A court that | 1318 |
|
permits or compels a physician or dentist
to testify in such an | 1319 |
|
action or permits the introduction into
evidence of patient | 1320 |
|
records or other communications in such an
action shall require | 1321 |
|
that appropriate measures be taken to
ensure that the | 1322 |
|
confidentiality of any patient named or
otherwise identified in | 1323 |
|
the records is maintained. Measures to
ensure confidentiality
that | 1324 |
| may be taken by the court include
sealing its records or
deleting | 1325 |
| specific information from its
records. | 1326 |
| (ii) A party to the will contest action requests the | 1330 |
|
testimony, demonstrates to the court that that
party would be an | 1331 |
| heir
of the patient if the patient died without
a will, is a | 1332 |
|
beneficiary under the will that is the subject of the
will contest | 1333 |
|
action, or is a beneficiary under another
testamentary document | 1334 |
|
allegedly executed by the patient, and demonstrates to the court | 1335 |
|
that the testimony is necessary to establish the party's rights as | 1336 |
|
described in this division. | 1337 |
| (2)(a) If any law enforcement officer submits a written | 1338 |
|
statement to a health
care provider that states that an official | 1339 |
|
criminal investigation has begun
regarding a specified person or | 1340 |
|
that a criminal action or proceeding has been
commenced against a | 1341 |
|
specified person, that requests the provider to supply to
the | 1342 |
|
officer copies of any records the provider possesses that pertain | 1343 |
|
to any
test or the results of any test administered to the | 1344 |
|
specified person to
determine the presence or concentration of | 1345 |
alcohol, a drug of abuse, or alcohol
and a drugcombination of | 1346 |
abusethem, a controlled substance, or a metabolite of a | 1347 |
| controlled substance in the
person's whole blood, blood serum or | 1348 |
| plasma, breath, or urine at any time
relevant to the
criminal | 1349 |
| offense in question, and that conforms to section
2317.022 of the | 1350 |
| Revised Code, the provider, except to the extent
specifically | 1351 |
|
prohibited by any law of this state or of the United
States, shall | 1352 |
| supply to
the officer a copy of any of the requested
records the | 1353 |
| provider possesses. If
the health care provider does
not possess | 1354 |
| any of the requested records, the
provider shall give
the officer | 1355 |
| a written statement that indicates that the
provider
does not | 1356 |
| possess any of the requested records. | 1357 |
| (b) If a health care provider possesses any records of the | 1358 |
|
type described in
division (B)(2)(a) of this section regarding the | 1359 |
|
person in question at any
time relevant to the criminal offense in | 1360 |
|
question, in lieu of personally
testifying as to the results of | 1361 |
|
the test in question, the custodian of the
records may submit a | 1362 |
|
certified copy of the records, and, upon its submission,
the | 1363 |
|
certified copy is qualified as authentic evidence and may be | 1364 |
|
admitted as
evidence in accordance with the Rules of Evidence. | 1365 |
|
Division (A) of section
2317.422 of the Revised Code does not | 1366 |
|
apply to any certified copy of records
submitted in accordance | 1367 |
|
with this division. Nothing in this division shall be
construed
to | 1368 |
| limit the right of any party to call as a witness the person
who | 1369 |
|
administered the test to which the records pertain, the person | 1370 |
|
under whose
supervision the test was administered, the custodian | 1371 |
|
of the records, the
person who made the records, or the person | 1372 |
|
under whose supervision the records
were made. | 1373 |
| (3)(a) If the testimonial privilege described in division | 1374 |
|
(B)(1) of this section does not apply as provided in division | 1375 |
|
(B)(1)(a)(iii) of this section, a physician or dentist may be | 1376 |
|
compelled to testify or to submit to discovery under the Rules of | 1377 |
|
Civil Procedure only as to a communication made to the physician | 1378 |
|
or dentist by the patient in question in that relation, or the | 1379 |
|
physician's or
dentist's advice to the
patient in question, that | 1380 |
|
related causally or historically to
physical or mental injuries | 1381 |
|
that are relevant to issues in the
medical claim, dental claim, | 1382 |
|
chiropractic claim, or optometric
claim, action for wrongful | 1383 |
|
death, other civil action, or claim
under Chapter 4123. of the | 1384 |
|
Revised Code. | 1385 |
| (b) If the testimonial privilege described in division
(B)(1) | 1386 |
| of this section
does not apply to a physician or dentist as | 1387 |
|
provided in division
(B)(1)(c) of
this section, the physician or | 1388 |
|
dentist, in lieu of personally testifying as to
the results of the | 1389 |
|
test in question, may submit a certified copy of those
results, | 1390 |
|
and, upon its submission, the certified copy is qualified as | 1391 |
|
authentic
evidence and may be admitted as evidence in accordance | 1392 |
|
with the Rules of
Evidence. Division (A) of section 2317.422 of | 1393 |
|
the Revised Code does not apply
to any certified copy of results | 1394 |
|
submitted in accordance with this division.
Nothing in this | 1395 |
|
division shall be construed to limit the right of any party to | 1396 |
|
call as a witness the person who administered the test in | 1397 |
|
question, the person
under whose supervision the test was | 1398 |
|
administered, the custodian of the
results
of the test, the person | 1399 |
|
who compiled the results, or the person under whose
supervision | 1400 |
|
the results were compiled. | 1401 |
| (c) If the testimonial privilege described in division (B)(1) | 1402 |
|
of this section does not apply as provided in division (B)(1)(e) | 1403 |
|
of this section, a physician or dentist may be compelled to | 1404 |
|
testify or to submit to discovery in the will contest action under | 1405 |
|
sections 2107.71 to 2107.77 of the Revised Code only as to the | 1406 |
|
patient in question on issues relevant to the competency of the | 1407 |
|
patient at the time of the execution of the will. Testimony or | 1408 |
|
discovery conducted pursuant to this division shall be conducted | 1409 |
|
in accordance with the Rules of Civil Procedure. | 1410 |
| (5)(a) As used in divisions (B)(1) to (4) of this
section, | 1416 |
|
"communication" means acquiring, recording, or transmitting any | 1417 |
|
information, in any manner, concerning any facts, opinions, or | 1418 |
|
statements necessary to enable a physician or dentist to
diagnose, | 1419 |
|
treat, prescribe, or act for a patient. A
"communication" may | 1420 |
|
include, but is not limited to, any medical
or dental, office, or | 1421 |
|
hospital communication such as a record,
chart, letter, | 1422 |
|
memorandum, laboratory test and results, x-ray,
photograph, | 1423 |
|
financial statement, diagnosis, or prognosis. | 1424 |
| (i)
"Ambulatory care facility" means a facility that
provides | 1430 |
|
medical, diagnostic, or surgical treatment to patients
who do not | 1431 |
|
require hospitalization, including a dialysis center,
ambulatory | 1432 |
|
surgical facility, cardiac catheterization facility,
diagnostic | 1433 |
|
imaging center, extracorporeal shock wave lithotripsy
center, home | 1434 |
|
health agency, inpatient hospice, birthing center,
radiation | 1435 |
|
therapy center, emergency facility, and an urgent care
center. | 1436 |
|
"Ambulatory health care facility" does not include the
private | 1437 |
|
office of a physician or dentist, whether the office is
for an | 1438 |
|
individual or group practice. | 1439 |
| (v)
"Long-term care facility" means a nursing home, | 1447 |
|
residential care facility, or home
for the aging,
as those terms | 1448 |
|
are defined in section 3721.01 of the Revised Code; an adult care | 1449 |
|
facility, as defined in section 3722.01
of the Revised Code; a | 1450 |
|
nursing facility or intermediate care facility for the mentally | 1451 |
|
retarded, as those terms are defined in section 5111.20 of the | 1452 |
|
Revised Code; a facility or portion of a facility certified as a | 1453 |
|
skilled nursing facility under Title XVIII of the
"Social
Security | 1454 |
|
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended. | 1455 |
| (7) Nothing in divisions (B)(1) to (6)
of this section | 1464 |
|
affects, or shall be construed as affecting, the immunity from | 1465 |
|
civil liability conferred by section 307.628 or 2305.33 of the | 1466 |
|
Revised Code
upon physicians who report an employee's use of a | 1467 |
|
drug of abuse,
or a condition of an employee other than one | 1468 |
|
involving the use of
a drug of abuse, to the employer of the | 1469 |
|
employee in accordance
with division (B) of that section. As used | 1470 |
|
in division
(B)(7) of this section,
"employee,"
"employer," and | 1471 |
|
"physician" have the same meanings as
in section 2305.33 of the | 1472 |
|
Revised Code. | 1473 |
| (C) A member of the clergy, rabbi, priest, or regularly | 1474 |
|
ordained,
accredited, or licensed minister of an established and | 1475 |
|
legally
cognizable church, denomination, or sect, when the member | 1476 |
|
of
the clergy,
rabbi, priest, or minister remains accountable to | 1477 |
|
the authority
of that church, denomination, or sect, concerning a | 1478 |
|
confession
made, or any information confidentially communicated, | 1479 |
|
to the
member of the clergy, rabbi, priest, or minister for
a | 1480 |
|
religious counseling purpose in the
member of the clergy's, | 1481 |
|
rabbi's,
priest's, or minister's professional character;
however, | 1482 |
|
the member of the clergy, rabbi, priest, or
minister
may testify | 1483 |
|
by
express consent of the person making the communication, except | 1484 |
|
when the disclosure of the information is in violation of a sacred | 1485 |
|
trust; | 1486 |
| (F) A person who, if a party, would be restricted
under | 1496 |
|
section 2317.03 of the Revised Code, when the
property or thing is | 1497 |
|
sold or transferred by an executor,
administrator, guardian, | 1498 |
|
trustee, heir, devisee, or legatee,
shall be restricted in the | 1499 |
|
same manner in any action or
proceeding concerning the property or | 1500 |
|
thing. | 1501 |
| (G)(1) A school guidance counselor who holds a valid
educator | 1502 |
| license from the state board of education as
provided for
in | 1503 |
| section 3319.22 of the Revised Code, a person
licensed under | 1504 |
|
Chapter 4757. of the Revised Code
as a professional clinical | 1505 |
|
counselor, professional counselor,
social worker, independent | 1506 |
|
social worker, marriage and family therapist or independent | 1507 |
| marriage and family therapist, or registered under Chapter 4757. | 1508 |
| of the Revised
Code as a
social work assistant concerning a | 1509 |
| confidential
communication received from a
client in that relation | 1510 |
| or
the
person's advice to a client unless any of
the following | 1511 |
| applies: | 1512 |
| (H) A mediator acting under a mediation order issued under | 1546 |
|
division (A) of section 3109.052 of the Revised Code or otherwise | 1547 |
|
issued in any proceeding for divorce, dissolution, legal | 1548 |
|
separation, annulment, or the allocation of parental rights and | 1549 |
|
responsibilities for the care of children, in any action or | 1550 |
|
proceeding, other than a criminal, delinquency, child abuse,
child | 1551 |
|
neglect, or dependent child action or proceeding, that is
brought | 1552 |
|
by or against either parent who takes part in mediation
in | 1553 |
|
accordance with the order and that pertains to the mediation | 1554 |
|
process, to any information discussed or presented in the | 1555 |
|
mediation process, to the allocation of parental rights and | 1556 |
|
responsibilities for the care of the parents' children, or to the | 1557 |
|
awarding of parenting time rights in relation to their children; | 1558 |
| (I) A communications assistant, acting within the scope of | 1559 |
|
the communication assistant's authority, when providing | 1560 |
|
telecommunications relay service
pursuant to section 4931.35 of | 1561 |
|
the Revised Code or Title II of
the
"Communications Act of 1934," | 1562 |
|
104 Stat. 366 (1990), 47 U.S.C.
225, concerning a communication | 1563 |
|
made through a telecommunications
relay service.
Nothing in this | 1564 |
|
section shall limit the obligation of a
communications assistant | 1565 |
|
to divulge information or testify when mandated by
federal law or | 1566 |
|
regulation or pursuant to subpoena in a criminal proceeding. | 1567 |
| (J)(1) A chiropractor in a civil proceeding concerning a | 1570 |
|
communication made to the chiropractor by a patient in that | 1571 |
|
relation or the
chiropractor's advice to a patient, except as | 1572 |
|
otherwise provided in this
division. The testimonial privilege | 1573 |
|
established under this division does not
apply, and a chiropractor | 1574 |
|
may testify or may be compelled
to testify, in any civil action, | 1575 |
|
in accordance with the discovery
provisions of the Rules of Civil | 1576 |
|
Procedure in
connection with a
civil action, or in connection with | 1577 |
|
a claim under Chapter 4123.
of the Revised Code, under any of the | 1578 |
|
following
circumstances: | 1579 |
| (c) If a medical claim, dental claim, chiropractic
claim, or | 1585 |
|
optometric claim, as defined in section 2305.113 of the
Revised | 1586 |
|
Code, an action for wrongful death, any other type
of
civil | 1587 |
|
action, or a claim under Chapter 4123. of the Revised
Code
is | 1588 |
|
filed by the patient, the personal representative of the
estate of | 1589 |
|
the patient if deceased, or the patient's guardian
or other legal | 1590 |
|
representative. | 1591 |
| (2) If the testimonial privilege described in division
(J)(1) | 1592 |
| of this section does not apply as provided in division
(J)(1)(c) | 1593 |
| of this section, a chiropractor may be
compelled to
testify or to | 1594 |
| submit to discovery under the Rules of
Civil
Procedure only as to | 1595 |
| a communication made to the
chiropractor by
the patient in | 1596 |
| question in that relation, or the
chiropractor's
advice to the | 1597 |
|
patient in question, that related causally or
historically to | 1598 |
|
physical or mental injuries that are relevant to
issues in the | 1599 |
|
medical claim, dental claim, chiropractic claim, or
optometric | 1600 |
|
claim, action for wrongful death, other civil action,
or claim | 1601 |
|
under Chapter 4123. of the Revised Code. | 1602 |
| (4) As used in this division,
"communication" means | 1606 |
|
acquiring,
recording, or transmitting any information, in any | 1607 |
|
manner, concerning
any facts, opinions, or statements necessary to | 1608 |
|
enable a chiropractor to
diagnose, treat, or act for a
patient.
A | 1609 |
|
communication may
include, but is not limited to, any | 1610 |
|
chiropractic, office, or
hospital communication such as a record, | 1611 |
|
chart, letter,
memorandum, laboratory test and results, x-ray, | 1612 |
|
photograph,
financial statement, diagnosis, or prognosis. | 1613 |
| (B) If an official criminal investigation has begun
regarding | 1709 |
| a person or if
a criminal action or proceeding is
commenced | 1710 |
| against a person, any law
enforcement officer who wishes
to obtain | 1711 |
| from any health care provider a copy
of any records the
provider | 1712 |
| possesses that pertain to any test or the result
of any
test | 1713 |
| administered to the person to determine the presence or | 1714 |
|
concentration of alcohol, a drug of abuse, or alcohol and a drug | 1715 |
|
of abuse in
the person's blood, breath, or urine at any time | 1716 |
|
relevant to the criminal
offense in question shall submit to the | 1717 |
|
health care facility a written
statement in the following form: | 1718 |
| I hereby state that an official criminal investigation has | 1722 |
|
begun regarding, or
a criminal action or proceeding has been | 1723 |
|
commenced against,
.................... (insert the name of the | 1724 |
|
person in question), and that I
believe that one or more tests has | 1725 |
|
been administered to
that
person by this health care provider
to | 1726 |
|
determine the presence or
concentration of alcohol, a drug of | 1727 |
abuse, or alcohol and a drugcombination of abusethem, a | 1728 |
| controlled substance, or a metabolite of a controlled substance in
| 1729 |
|
that person's whole blood, blood serum or plasma,
breath,
or urine | 1730 |
| at a time relevant to the criminal offense in
question. Therefore, | 1731 |
| I
hereby request that, pursuant to division
(B)(2) of section | 1732 |
| 2317.02 of the
Revised Code, this health care
provider supply me | 1733 |
| with copies of any records
the provider
possesses that pertain to | 1734 |
| any test or the results of any test
administered to the person | 1735 |
| specified above to determine the
presence or
concentration of | 1736 |
alcohol, a drug of abuse, or alcohol
and a drugcombination of | 1737 |
abusethem, a controlled substance, or a metabolite of a | 1738 |
| controlled substance in
that
person's whole blood, blood serum or | 1739 |
| plasma, breath, or urine
at
any time relevant to the criminal | 1740 |
|
offense in question. | 1741 |
| Sec. 2317.422. (A) Notwithstanding sections 2317.40 and | 1760 |
|
2317.41 of the Revised Code but subject to division (B) of this | 1761 |
| section, the
records, or copies or
photographs of the records, of | 1762 |
| a hospital, homes required to be licensed
pursuant to section | 1763 |
| 3721.01 of the Revised Code and of adult care facilities required | 1764 |
|
to be licensed pursuant to Chapter 3722. of the Revised Code, and | 1765 |
|
community alternative homes licensed pursuant to section 3724.03 | 1766 |
|
of the Revised Code, in lieu of the testimony in open court of | 1767 |
|
their custodian, person who made them, or person under whose | 1768 |
|
supervision they were made, may be qualified as authentic
evidence | 1769 |
if any such person endorses thereon histhe person's
verified | 1770 |
| certification identifying such records, giving the mode and time | 1771 |
|
of their preparation, and stating that they were prepared in the | 1772 |
|
usual course of the business of the institution. Such records, | 1773 |
|
copies, or photographs may not be qualified by certification as | 1774 |
|
provided in this section unless the party intending to offer them | 1775 |
|
delivers a copy of them, or of their relevant portions, to the | 1776 |
|
attorney of record for each adverse party not less than five days | 1777 |
|
before trial. Nothing in this section shall be construed to
limit | 1778 |
| the right of any party to call the custodian, person who
made such | 1779 |
| records, or person under whose supervision they were
made, as a | 1780 |
| witness. | 1781 |
| (B) Division (A) of this section does not apply to any | 1782 |
| certified copy of the
results of any test given to determine the | 1783 |
presence or concentration of
alcohol, a drug of abuse, or alcohol | 1784 |
and a drugcombination of abusethem, a controlled substance, or a | 1785 |
| metabolite of a controlled substance in a patient's whole blood, | 1786 |
| blood serum or plasma,
breath, or urine at any time relevant to a | 1787 |
| criminal offense that is submitted
in a criminal action or | 1788 |
| proceeding in accordance with division (B)(2)(b) or
(B)(3)(b) of | 1789 |
| section 2317.02 of the Revised Code. | 1790 |
| (1) For the purposes of any person described in division | 1895 |
|
(A)(1) of this section, any conduct that occurs or is attempted
in | 1896 |
|
this state; poses a substantial threat of personal injury or | 1897 |
|
death; and is punishable by fine, imprisonment, or death, or
would | 1898 |
|
be so punishable but for the fact that the person engaging
in the | 1899 |
|
conduct lacked capacity to commit the crime under the laws
of this | 1900 |
|
state. Criminally injurious conduct does not include
conduct | 1901 |
|
arising out of the ownership, maintenance, or use of a
motor | 1902 |
|
vehicle, except when any of the following applies: | 1903 |
| (2) For the purposes of any person described in division | 1917 |
|
(A)(2) of this section, any conduct that occurs or is attempted
in | 1918 |
|
another state, district, territory, or foreign country; poses
a | 1919 |
|
substantial threat of personal injury or death; and is
punishable | 1920 |
|
by fine, imprisonment, or death, or would be so
punishable but for | 1921 |
|
the fact that the person engaging in the
conduct lacked capacity | 1922 |
|
to commit the crime under the laws of the
state, district, | 1923 |
|
territory, or foreign country in which the
conduct occurred or was | 1924 |
|
attempted. Criminally injurious conduct
does not include conduct | 1925 |
|
arising out of the ownership,
maintenance, or use of a motor | 1926 |
|
vehicle, except when any of the
following applies: | 1927 |
| (E)
"Economic loss" means economic detriment consisting
only | 1950 |
|
of allowable expense, work loss, funeral expense,
unemployment | 1951 |
|
benefits loss, replacement services loss,
cost of crime scene | 1952 |
|
cleanup, and cost of evidence replacement. If
criminally
injurious | 1953 |
| conduct causes death, economic loss includes
a
dependent's | 1954 |
| economic loss and a dependent's replacement
services
loss. | 1955 |
| Noneconomic detriment is not economic loss;
however,
economic loss | 1956 |
| may be caused by pain and suffering or
physical
impairment. | 1957 |
| (F)(1)
"Allowable expense" means reasonable charges incurred | 1958 |
|
for reasonably needed products, services, and accommodations, | 1959 |
|
including those for medical care, rehabilitation, rehabilitative | 1960 |
|
occupational training, and other remedial treatment and care and | 1961 |
|
including replacement costs for eyeglasses and other corrective | 1962 |
|
lenses. It does not include that portion of a charge for a room
in | 1963 |
| a hospital, clinic, convalescent home, nursing home, or any
other | 1964 |
| institution engaged in providing nursing care and related
services | 1965 |
| in excess of a reasonable and customary charge for
semiprivate | 1966 |
| accommodations, unless accommodations other than
semiprivate | 1967 |
| accommodations are medically required. | 1968 |
| (2) An immediate family member of a victim of
criminally | 1969 |
|
injurious conduct that consists of a homicide, a sexual assault, | 1970 |
|
domestic violence, or a severe and permanent incapacitating injury | 1971 |
|
resulting
in
paraplegia or a similar life-altering condition, who | 1972 |
|
requires psychiatric care
or counseling as a result of the | 1973 |
|
criminally injurious conduct, may be
reimbursed for that care or | 1974 |
|
counseling as an allowable expense through the
victim's | 1975 |
|
application. The cumulative allowable expense for care or | 1976 |
|
counseling
of that nature shall not exceed two thousand five | 1977 |
| hundred dollars for each immediate family member of a victim of | 1978 |
|
that type
and seven thousand five hundred dollars in the aggregate | 1979 |
| for all immediate family members of a victim of that type. | 1980 |
| (3) A family member of a victim who died as a proximate | 1981 |
| result of criminally injurious conduct may be reimbursed as an | 1982 |
| allowable expense through the victim's application for wages lost | 1983 |
| and travel expenses incurred in order to attend criminal justice | 1984 |
| proceedings arising from the criminally injurious conduct. The | 1985 |
| cumulative allowable expense for wages lost and travel expenses | 1986 |
| incurred by a family member to attend criminal justice proceedings | 1987 |
| shall not exceed five hundred dollars for each family member of | 1988 |
| the victim and two thousand dollars in the aggregate for all | 1989 |
| family members of the victim. | 1990 |
| (4) "Allowable expense" includes attorney's fees not | 1991 |
| exceeding two thousand five hundred dollars, at a rate not | 1992 |
| exceeding one hundred fifty dollars per hour, incurred to | 1993 |
| successfully obtain a restraining order, custody order, or other | 1994 |
| order to physically separate a victim from an offender, if the | 1995 |
| attorney has not received payment under section 2743.65 of the | 1996 |
| Revised Code for assisting a claimant with an application for an | 1997 |
| award of reparations under sections 2743.51 to 2743.72 of the | 1998 |
| Revised Code. | 1999 |
| (G)
"Work loss" means loss of income from work
that the | 2000 |
|
injured person would have
performed if the person had not
been | 2001 |
|
injured
and expenses reasonably incurred by the person to obtain | 2002 |
|
services in
lieu of those the person would have performed for | 2003 |
|
income,
reduced by any
income from substitute work actually | 2004 |
|
performed by the
person, or by
income the person would have earned | 2005 |
|
in available appropriate
substitute
work that the person was | 2006 |
|
capable of performing but
unreasonably failed to
undertake. | 2007 |
| (I)
"Dependent's economic loss" means loss after a
victim's | 2013 |
|
death of contributions of things of economic value to
the victim's | 2014 |
|
dependents, not including services they would
have received
from | 2015 |
|
the victim if the victim had not suffered the fatal
injury, less | 2016 |
|
expenses of the dependents avoided by reason of the victim's | 2017 |
|
death. If a minor child of a victim is adopted after the victim's | 2018 |
|
death,
the minor child continues after the adoption to incur a | 2019 |
|
dependent's economic
loss as a result of the victim's death. If | 2020 |
|
the surviving spouse of a victim
remarries, the surviving spouse | 2021 |
|
continues after the remarriage to incur a
dependent's economic | 2022 |
|
loss as a result of the victim's death. | 2023 |
| (J)
"Dependent's replacement services loss" means loss | 2024 |
|
reasonably incurred by dependents after a victim's death in | 2025 |
|
obtaining ordinary and necessary services in lieu of those the | 2026 |
|
victim would have performed for their benefit if the victim
had | 2027 |
|
not suffered the fatal injury, less expenses of the dependents | 2028 |
|
avoided by reason of the victim's death and not subtracted in | 2029 |
|
calculating the dependent's economic loss. If a minor child of a | 2030 |
|
victim is
adopted after the victim's death, the minor child | 2031 |
|
continues after the adoption
to incur a dependent's replacement | 2032 |
|
services loss as a result of the victim's
death. If the surviving | 2033 |
|
spouse of a victim remarries, the surviving spouse
continues after | 2034 |
|
the remarriage to incur a dependent's replacement services
loss as | 2035 |
|
a result of the victim's death. | 2036 |
| (2) An award for funeral expenses shall be applied first to | 2059 |
| expenses directly related to the victim's funeral, cremation, or | 2060 |
| burial. An award for wages lost or travel expenses incurred by a | 2061 |
| family member of the victim shall not exceed five hundred dollars | 2062 |
| for each family member and shall not exceed in the aggregate the | 2063 |
| difference between seven thousand five hundred dollars and | 2064 |
| expenses that are reimbursed by the program and that are directly | 2065 |
| related to the victim's funeral, cremation, or burial. | 2066 |
| (1) A violation of section 4511.19 of the Revised Code, of | 2074 |
|
any municipal ordinance prohibiting the operation of a vehicle | 2075 |
|
while under the influence of alcohol, a drug of abuse, or
a
| 2076 |
|
combination of them, or of any municipal
ordinance prohibiting
the | 2077 |
|
operation of a vehicle with a prohibited
concentration of
alcohol, | 2078 |
| a controlled substance, or a metabolite of a controlled substance | 2079 |
|
in the
whole blood,
blood serum or
plasma,
breath, or urine; | 2080 |
| (4) For purposes of any person described in division
(A)(2) | 2088 |
|
of this section, a violation of any law of the state,
district, | 2089 |
|
territory, or foreign country in which the criminally
injurious | 2090 |
|
conduct occurred, if that law is substantially similar
to a | 2091 |
|
violation described in division (P)(1) or (2) of this section or | 2092 |
|
if
that law is substantially similar to a violation described in | 2093 |
|
division (P)(3) of this section and the offender was under
the | 2094 |
|
influence of alcohol, a drug of abuse, or
a
combination of them, | 2095 |
|
at the time of the commission of the
offense. | 2096 |
| (2) The act described in division
(R)(1) of this section is | 2107 |
|
committed within the territorial jurisdiction of the
United
States | 2108 |
|
and is a violation of
the criminal laws of the United
States, this | 2109 |
|
state, or any
other state or the act described in division
(R)(1) | 2110 |
|
of this section is
committed outside the territorial jurisdiction | 2111 |
|
of the
United
States and would be a violation
of the criminal laws | 2112 |
|
of the
United
States, this state, or any
other state if committed | 2113 |
|
within the territorial jurisdiction of
the United
States. | 2114 |
| Sec. 2919.22. (A) No person, who is the parent, guardian, | 2151 |
|
custodian, person having custody or control, or person in loco | 2152 |
|
parentis of a child under eighteen years of age or a mentally or | 2153 |
|
physically handicapped child under twenty-one years of age, shall | 2154 |
|
create a substantial risk to the health or safety of the child,
by | 2155 |
|
violating a duty of care, protection, or support. It is not a | 2156 |
|
violation of a duty of care, protection, or support under this | 2157 |
|
division when the parent, guardian, custodian, or person having | 2158 |
|
custody or control of a child treats the physical or mental | 2159 |
|
illness or defect of the child by spiritual means through prayer | 2160 |
|
alone, in accordance with the tenets of a recognized religious | 2161 |
|
body. | 2162 |
| (5) Entice, coerce, permit, encourage, compel, hire,
employ, | 2177 |
|
use, or allow the child to act, model, or in any other
way | 2178 |
|
participate in, or be photographed for, the production, | 2179 |
|
presentation, dissemination, or advertisement of any material or | 2180 |
|
performance that the offender knows or reasonably should know
is | 2181 |
|
obscene,
is sexually oriented matter, or is nudity-oriented | 2182 |
|
matter; | 2183 |
| (6) Allow the child to be on the same parcel of real property | 2184 |
| and within one hundred feet of, or, in the case of more than one | 2185 |
| housing unit on the same parcel of real property, in the same | 2186 |
| housing unit and within one hundred feet of, any act in violation | 2187 |
| of section 2925.04 or 2925.041 of the Revised Code when the person | 2188 |
| knows that the act is occurring, whether or not any person is | 2189 |
| prosecuted for or convicted of the violation of section 2925.04 or | 2190 |
| 2925.041 of the Revised Code that is the basis of the violation of | 2191 |
| this division. | 2192 |
| (C)(1) No person shall operate a vehicle, streetcar, or | 2193 |
|
trackless trolley within this state in violation of division
(A) | 2194 |
|
of section 4511.19 of the Revised Code when one or more
children | 2195 |
|
under eighteen years of age are in the vehicle,
streetcar, or | 2196 |
|
trackless trolley. Notwithstanding any other
provision of law, a | 2197 |
|
person may be convicted at the same trial or
proceeding of a | 2198 |
|
violation of this division and a violation of
division (A) of | 2199 |
|
section 4511.19 of the Revised Code that
constitutes
the basis of | 2200 |
|
the charge of the violation of this
division. For
purposes of
| 2201 |
|
sections 4511.191
to 4511.197 of the Revised
Code
and all
related | 2202 |
|
provisions of
law, a person arrested for a
violation of
this | 2203 |
|
division shall be
considered to be under arrest
for operating
a | 2204 |
|
vehicle while under
the influence of alcohol, a
drug of abuse,
or
| 2205 |
|
a combination of
them or for
operating a
vehicle with a prohibited | 2206 |
|
concentration of
alcohol, a controlled substance, or a metabolite | 2207 |
| of a controlled substance in
the
whole blood,
blood serum or | 2208 |
|
plasma,
breath, or
urine. | 2209 |
| (D)(1) Division (B)(5) of this section does not apply to
any | 2215 |
|
material or performance that is produced, presented, or | 2216 |
|
disseminated for a bona fide medical, scientific, educational, | 2217 |
|
religious, governmental, judicial, or other proper purpose, by or | 2218 |
|
to a physician, psychologist, sociologist, scientist, teacher, | 2219 |
|
person pursuing bona fide studies or research, librarian,
member | 2220 |
|
of the clergy, prosecutor, judge, or other
person having a proper | 2221 |
|
interest in the material or performance. | 2222 |
| (3) In a prosecution under division (B)(5) of this
section, | 2225 |
|
the trier of fact may infer that an actor, model, or
participant | 2226 |
|
in the material or performance involved is a juvenile
if the | 2227 |
|
material or performance, through its title, text, visual | 2228 |
|
representation, or otherwise, represents or depicts the actor, | 2229 |
|
model, or participant as a juvenile. | 2230 |
| (3) If the offender violates division (B)(2), (3), (4), or | 2260 |
| (6)
of
this section, except as otherwise provided in this | 2261 |
| division,
endangering children is a felony of the third
degree. If | 2262 |
| the
violation results in serious
physical
harm to the child | 2263 |
| involved,
or if the offender previously has been
convicted of an | 2264 |
| offense
under this section or of any offense
involving neglect, | 2265 |
|
abandonment, contributing to the delinquency
of, or physical abuse | 2266 |
|
of a child, endangering children is a
felony of the second degree. | 2267 |
| If the offender violates division (B)(6) of this section and the | 2268 |
| drug involved is methamphetamine, the court shall impose a | 2269 |
| mandatory prison term on the offender as follows: | 2270 |
| (a) If the violation is a violation of division (B)(6) of | 2271 |
| this section that is a felony of the third degree under division | 2272 |
| (E)(3) of this section and the drug involved is methamphetamine, | 2273 |
| except as otherwise provided in this division, the court shall | 2274 |
| impose as a mandatory prison term one of the prison terms | 2275 |
| prescribed for a felony of the third degree that is not less than | 2276 |
| two years. If the violation is a violation of division (B)(6) of | 2277 |
| this section that is a felony of the third degree under division | 2278 |
| (E)(3) of this section, if the drug involved is methamphetamine, | 2279 |
| and if the offender previously has been convicted of or pleaded | 2280 |
| guilty to a violation of division (B)(6) of this section, a | 2281 |
| violation of division (A) of section 2925.04 of the Revised Code, | 2282 |
| or a violation of division (A) of section 2925.041 of the Revised | 2283 |
| Code, the court shall impose as a mandatory prison term one of the | 2284 |
| prison terms prescribed for a felony of the third degree that is | 2285 |
| not less than five years. | 2286 |
| (b) If the violation is a violation of division (B)(6) of | 2287 |
| this section that is a felony of the second degree under division | 2288 |
| (E)(3) of this section and the drug involved is methamphetamine, | 2289 |
| except as otherwise provided in this division, the court shall | 2290 |
| impose as a mandatory prison term one of the prison terms | 2291 |
| prescribed for a felony of the second degree that is not less than | 2292 |
| three years. If the violation is a violation of division (B)(6) of | 2293 |
| this section that is a felony of the second degree under division | 2294 |
| (E)(3) of this section, if the drug involved is methamphetamine, | 2295 |
| and if the offender previously has been convicted of or pleaded | 2296 |
| guilty to a violation of division (B)(6) of this section, a | 2297 |
| violation of division (A) of section 2925.04 of the Revised Code, | 2298 |
| or a violation of division (A) of section 2925.041 of the Revised | 2299 |
| Code, the court shall impose as a mandatory prison term one of the | 2300 |
| prison terms prescribed for a felony of the second degree that is | 2301 |
| not less than five years. | 2302 |
| (b) If the violation results in serious physical harm to the | 2310 |
|
child involved or the offender previously has been convicted of
an | 2311 |
|
offense under this section or any offense involving neglect, | 2312 |
|
abandonment, contributing to the delinquency of, or physical
abuse | 2313 |
|
of a child, except as otherwise provided in division
(E)(5)(c) of | 2314 |
|
this section, endangering
children in violation of
division
(C) of | 2315 |
|
this section is a felony of the fifth degree. | 2316 |
| (c) If the violation results in serious physical harm to
the | 2317 |
|
child involved and if the offender previously has been
convicted | 2318 |
|
of a violation of division (C) of this section, section
2903.06 or | 2319 |
|
2903.08 of the Revised Code, section 2903.07
of the Revised Code | 2320 |
|
as it existed prior to March 23, 2000,
or section
2903.04 of the | 2321 |
|
Revised Code in a case in which the offender was
subject to the | 2322 |
|
sanctions described in division (D) of that
section, endangering | 2323 |
|
children in violation of division (C) of
this section is a felony | 2324 |
|
of the fourth degree. | 2325 |
| (d) In addition to any term of imprisonment, fine, or
other | 2326 |
|
sentence, penalty, or sanction it imposes upon the offender | 2327 |
|
pursuant to division (E)(5)(a), (b), or (c) of this section or | 2328 |
|
pursuant to any other provision of law and in addition to any | 2329 |
|
suspension
of the offender's driver's
or commercial driver's | 2330 |
|
license or permit or nonresident operating
privilege under
Chapter | 2331 |
|
4506.,
4509.,
4510., or 4511. of the
Revised Code or
under
any | 2332 |
|
other provision of law, the court also
may impose upon the | 2333 |
|
offender a class seven suspension of the
offender's driver's or | 2334 |
|
commercial driver's license or permit or
nonresident operating | 2335 |
|
privilege from the range specified in
division (A)(7) of section | 2336 |
|
4510.02 of the Revised Code. | 2337 |
| (e) In addition to any term of imprisonment, fine, or
other | 2338 |
|
sentence, penalty, or sanction imposed upon the offender
pursuant | 2339 |
|
to division (E)(5)(a), (b), (c), or (d) of this section
or | 2340 |
|
pursuant to any other provision of law for the violation of | 2341 |
|
division (C) of this section, if as part of the same trial or | 2342 |
|
proceeding the offender also is convicted of or pleads guilty to
a | 2343 |
|
separate charge charging the violation of division (A) of
section | 2344 |
|
4511.19 of the Revised Code that was the basis of the
charge of | 2345 |
|
the violation of division (C) of this section, the
offender also | 2346 |
|
shall be sentenced in accordance with section
4511.19 of
the | 2347 |
|
Revised Code for that violation of division (A)
of section
4511.19 | 2348 |
|
of the Revised Code. | 2349 |
| (F)(1)(a)
A court
may require an offender to perform
not
more | 2350 |
|
than two hundred hours of supervised
community
service work
under | 2351 |
|
the authority of an agency,
subdivision, or
charitable | 2352 |
|
organization. The requirement shall be
part of the
community | 2353 |
| control sanction or sentence of the offender, and
the
court shall | 2354 |
| impose the community service
in accordance with and
subject to | 2355 |
| divisions
(F)(1)(a) and (b) of this section. The court
may require | 2356 |
| an
offender whom it requires to perform supervised
community | 2357 |
| service
work as part of the offender's community control
sanction | 2358 |
| or
sentence to pay the
court a reasonable fee to
cover
the costs | 2359 |
| of the offender's participation in the work,
including,
but
not | 2360 |
| limited to, the costs of procuring a policy or policies of | 2361 |
|
liability insurance to cover the period during which the offender | 2362 |
|
will perform the work. If the court requires the offender to | 2363 |
|
perform supervised community service work as part of the | 2364 |
|
offender's community control sanction or
sentence, the court shall | 2365 |
|
do so in accordance with the
following limitations and criteria: | 2366 |
| (iv) The court shall inform the offender in writing that
if | 2380 |
|
the offender does not adequately perform, as determined by
the | 2381 |
|
court, all of the required community service work, the court may | 2382 |
|
order
that the offender be committed to a jail or workhouse for a | 2383 |
|
period of time
that does not exceed the term of imprisonment that | 2384 |
|
the court could have
imposed upon the offender for the violation | 2385 |
|
of division (C) of this section,
reduced by the total amount of | 2386 |
|
time that the offender actually
was imprisoned under the sentence | 2387 |
|
or term that was imposed upon
the offender for that violation and | 2388 |
|
by the total amount of time
that the offender was confined for any | 2389 |
|
reason arising out of the
offense for which the offender was | 2390 |
|
convicted and sentenced as
described in
sections 2949.08 and | 2391 |
|
2967.191 of the Revised Code, and that, if
the court orders that | 2392 |
|
the offender be so committed, the court
is authorized, but not | 2393 |
|
required, to grant the offender
credit upon the period of the | 2394 |
|
commitment for the community service work that
the offender | 2395 |
|
adequately performed. | 2396 |
| (b) If a court, pursuant to
division
(F)(1)(a) of this | 2397 |
|
section, orders an offender to
perform
community service work as | 2398 |
|
part of the offender's community
control
sanction or
sentence and | 2399 |
|
if the offender does not
adequately
perform all of the required | 2400 |
|
community service work, as
determined
by the court, the court may | 2401 |
|
order that the offender be
committed
to a jail or workhouse for a | 2402 |
|
period of time that does
not exceed
the term of imprisonment that | 2403 |
|
the court
could have
imposed
upon
the offender for the violation | 2404 |
|
of division (C) of
this
section,
reduced by the total amount of | 2405 |
|
time that the
offender
actually was
imprisoned under the sentence | 2406 |
|
or term that
was
imposed upon the
offender for that violation and | 2407 |
|
by the total
amount of time that
the offender was confined for any | 2408 |
|
reason
arising out of the
offense for which the offender was | 2409 |
|
convicted
and sentenced as
described in sections 2949.08 and | 2410 |
|
2967.191 of the
Revised Code.
The court may order that a person | 2411 |
|
committed pursuant
to this
division shall receive hour-for-hour | 2412 |
|
credit upon the
period of the
commitment
for the community service | 2413 |
|
work that the
offender
adequately
performed. No
commitment | 2414 |
|
pursuant to this
division
shall exceed the period of the term of | 2415 |
|
imprisonment that
the
sentencing court could have imposed upon the | 2416 |
|
offender
for the
violation of division (C) of this section, | 2417 |
|
reduced by the total
amount
of time that the offender actually was | 2418 |
|
imprisoned under
that sentence or term
and by the total amount of | 2419 |
|
time that the
offender was confined for
any reason arising out of | 2420 |
|
the offense
for which the offender
was convicted and sentenced as | 2421 |
|
described in
sections 2949.08 and 2967.191 of
the Revised Code. | 2422 |
| (G)(1) If a court suspends an offender's driver's or | 2431 |
|
commercial driver's license or permit or nonresident operating | 2432 |
|
privilege under division (E)(5)(d) of this section, the
period
of | 2433 |
|
the suspension shall be consecutive to, and commence
after, the | 2434 |
|
period of suspension
of the offender's
driver's or
commercial | 2435 |
|
driver's license or permit or nonresident
operating
privilege that | 2436 |
|
is imposed under Chapter 4506.,
4509.,
4510., or
4511. of the | 2437 |
|
Revised Code or under any other provision
of law in
relation to | 2438 |
|
the violation of division (C) of this
section that is
the basis of | 2439 |
|
the suspension under division
(E)(5)(d) of this
section or in | 2440 |
|
relation to the violation of
division (A) of section
4511.19 of | 2441 |
|
the Revised Code that is the
basis for that violation
of division | 2442 |
|
(C) of this section. | 2443 |
| (b) If a person is convicted of or pleads guilty to a | 2479 |
|
violation of division (C) of this section and the person also is | 2480 |
|
convicted of or pleads guilty to a separate charge charging the | 2481 |
|
violation of division (A) of section 4511.19 of the Revised Code | 2482 |
|
that was the basis of the charge of the violation of division (C) | 2483 |
|
of this section, the conviction of or plea of guilty to the | 2484 |
|
violation of division (C) of this section shall not constitute, | 2485 |
|
for purposes of any provision of law that refers to a conviction | 2486 |
|
of or plea of guilty to a violation of division (A) of section | 2487 |
|
4511.19 of the Revised Code, a conviction of or plea of guilty to | 2488 |
|
a violation of division (A) of section 4511.19 of the Revised | 2489 |
|
Code. | 2490 |
(B)
Except as otherwise specified in division
(L)(N)
of | 2515 |
| section
4511.19 of the Revised Code, all of the rules
described
in | 2516 |
|
division (A) of this section, when promulgated by the
supreme | 2517 |
|
court, shall be fully
binding on all courts inferior to
the court | 2518 |
|
of common pleas
and on the
court of common pleas in
relation to | 2519 |
|
felony violations of division
(A) of section 4511.19
of the | 2520 |
|
Revised Code and shall effect a
cancellation of any local
court | 2521 |
|
rules inconsistent
with
the supreme court's rules. | 2522 |
| Sec. 2951.02. (A) During the period of a misdemeanor | 2523 |
| offender's
community control sanction or during the
period of a
| 2524 |
|
felony offender's
nonresidential sanction,
authorized probation | 2525 |
| officers who are
engaged within the scope of
their
supervisory | 2526 |
| duties or
responsibilities may search, with or
without a warrant, | 2527 |
|
the person
of the offender, the place of
residence of the | 2528 |
| offender, and a
motor vehicle, another item of
tangible or | 2529 |
| intangible personal
property, or
other real property
in which the | 2530 |
| offender has a
right, title, or interest or
for which
the offender | 2531 |
| has the
express or implied permission of a person
with
a right, | 2532 |
|
title, or
interest to use, occupy, or possess if the
probation | 2533 |
| officers have
reasonable grounds to believe that the
offender is | 2534 |
| not abiding by
the law or
otherwise is not complying
with the | 2535 |
| conditions of the
misdemeanor
offender's
community control | 2536 |
| sanction or the conditions of
the
felony
offender's nonresidential | 2537 |
| sanction.
If a
felony
offender who is sentenced
to a | 2538 |
| nonresidential sanction is under
the
general control and | 2539 |
|
supervision of the adult parole authority,
as described in | 2540 |
|
division (A)(2)(a) of section 2929.15 of the
Revised Code, adult | 2541 |
|
parole authority field officers with
supervisory responsibilities | 2542 |
|
over the
felony offender shall
have the same search authority | 2543 |
| relative to
the
felony
offender during the
period of the sanction
| 2544 |
|
that is described
under
this division for probation
officers. The | 2545 |
| court that places
the
misdemeanor
offender
under a community | 2546 |
| control
sanction pursuant to
section
2929.25 of the Revised Code | 2547 |
| or that sentences the
felony
offender
to
a nonresidential sanction | 2548 |
| pursuant to section 2929.17
of the
Revised Code shall
provide the | 2549 |
| offender with a written
notice that
informs the offender that | 2550 |
| authorized probation
officers or adult
parole
authority field | 2551 |
| officers with supervisory
responsibilities
over the
offender who | 2552 |
| are engaged within
the
scope of their
supervisory duties or | 2553 |
| responsibilities may conduct
those
types
of
searches during the | 2554 |
| period of
community control sanction or
the nonresidential | 2555 |
| sanction if they have
reasonable grounds to
believe that the | 2556 |
| offender is not abiding by
the law or
otherwise
is not complying | 2557 |
| with the conditions of the
offender's
community
control sanction | 2558 |
| or nonresidential
sanction. | 2559 |
|
(B) If an offender is
convicted
of or pleads
guilty to
a | 2560 |
| misdemeanor, the
court may require the offender, as a
condition
of
| 2561 |
|
the
offender's sentence
of a community control sanction,
to | 2562 |
| perform
supervised community
service work
in accordance with this | 2563 |
|
division. If an offender is convicted of or pleads guilty to a | 2564 |
|
felony, the court, pursuant to sections 2929.15 and 2929.17 of the | 2565 |
|
Revised Code, may impose a sanction that requires the offender to | 2566 |
|
perform supervised community service work in accordance with this | 2567 |
|
division. The supervised community service work shall be under the | 2568 |
|
authority
of health districts, park
districts, counties, municipal | 2569 |
|
corporations, townships, other
political subdivisions of the | 2570 |
|
state, or agencies of the state or
any of its political | 2571 |
|
subdivisions, or under the authority of
charitable organizations | 2572 |
|
that render services to the community or
its citizens, in | 2573 |
|
accordance with this division.
The court may
require an offender | 2574 |
| who
is ordered to perform the work to pay to it a
reasonable
fee | 2575 |
| to cover
the costs of the offender's participation in the
work, | 2576 |
| including,
but not limited to, the costs of procuring a
policy or | 2577 |
| policies of
liability insurance to cover the period
during which | 2578 |
| the offender
will perform the work. | 2579 |
| (2) An agency, political subdivision, or charitable | 2596 |
|
organization must agree to accept the offender for the work
before | 2597 |
|
the court requires the offender to perform the work for the | 2598 |
|
entity. A
court shall not require an offender to perform | 2599 |
|
supervised
community service work for an agency, political | 2600 |
|
subdivision, or
charitable organization at a location that is an | 2601 |
|
unreasonable
distance from the offender's residence or domicile, | 2602 |
|
unless the
offender is provided with transportation to the | 2603 |
|
location where
the work is to be performed. | 2604 |
| (3) A court may enter into an agreement with a county | 2605 |
|
department of job and family services for the management, | 2606 |
|
placement, and
supervision of offenders eligible for community | 2607 |
|
service work in work
activities,
developmental activities, and | 2608 |
|
alternative work activities under sections 5107.40
to 5107.69 of | 2609 |
|
the
Revised Code. If a court and a county
department of job and | 2610 |
|
family services have entered into an
agreement of that nature, the | 2611 |
|
clerk of that court is authorized to pay
directly to the county | 2612 |
|
department all or a portion of the fees
collected by the court | 2613 |
|
pursuant to this division in accordance with the terms
of its | 2614 |
|
agreement. | 2615 |
| (4) Community service work that a court requires under
this | 2616 |
|
division shall be supervised by an official of the agency, | 2617 |
|
political subdivision, or charitable organization for which the | 2618 |
|
work is performed or by a person designated by the agency, | 2619 |
|
political subdivision, or charitable organization. The official
or | 2620 |
| designated person shall be qualified for the supervision by | 2621 |
|
education, training, or experience, and periodically shall
report, | 2622 |
|
in writing, to the court and to the offender's probation
officer | 2623 |
|
concerning the conduct of the offender in performing the
work. | 2624 |
|
(5) The
total of any period of
supervised community service | 2625 |
| work
imposed
on an offender under
division
(B) of this section | 2626 |
|
plus the period of all other
sanctions imposed pursuant to | 2627 |
|
sections 2929.15,
2929.16, 2929.17,
and 2929.18 of the Revised | 2628 |
|
Code
for a felony, or pursuant to sections 2929.25, 2929.26, | 2629 |
|
2929.27, and 2929.28 of the Revised Code for a misdemeanor, shall | 2630 |
|
not exceed five years. | 2631 |
| (C)(1)
If an offender is convicted of a violation of
section | 2632 |
| 4511.19 of the Revised Code, a municipal ordinance
relating to | 2633 |
| operating a vehicle while under the influence of
alcohol, a drug | 2634 |
of abuse, or alcohol and a drugcombination of abusethem, or a | 2635 |
|
municipal ordinance relating to operating a vehicle with a | 2636 |
|
prohibited concentration of alcohol, a controlled substance, or a | 2637 |
| metabolite of a controlled substance in the whole blood, blood | 2638 |
| serum or plasma, breath, or
urine, the court may require, as
a | 2639 |
| condition of
a community control sanction, any
suspension
of a | 2640 |
|
driver's or
commercial driver's
license or permit
or nonresident | 2641 |
|
operating
privilege, and all
other penalties
provided by law or by | 2642 |
|
ordinance, that the
offender operate only a
motor vehicle equipped | 2643 |
|
with an ignition
interlock device that is
certified pursuant to | 2644 |
|
section
4510.43 of
the Revised Code. | 2645 |
| (2)
If a court requires an offender, as a condition of
a | 2646 |
| community control sanction pursuant to division
(C)(1) of this | 2647 |
| section, to operate
only a motor vehicle
equipped with an ignition | 2648 |
| interlock device
that is certified
pursuant to section
4510.43 of | 2649 |
| the
Revised
Code, the offender
immediately shall surrender the | 2650 |
|
offender's
driver's or
commercial
driver's license or permit to | 2651 |
|
the court.
Upon the
receipt of the
offender's license or permit, | 2652 |
|
the court
shall
issue an order
authorizing the offender to operate | 2653 |
|
a motor
vehicle equipped with
a certified ignition interlock | 2654 |
|
device,
deliver the offender's
license or permit to the bureau of | 2655 |
|
motor
vehicles, and include in
the abstract of the case forwarded | 2656 |
|
to
the
bureau pursuant to
section
4510.036 of the Revised
Code the | 2657 |
|
conditions of
the community control sanction imposed pursuant to | 2658 |
| division
(C)(1) of
this section. The court shall give the offender | 2659 |
| a
copy
of its
order, and that copy shall be used by the offender | 2660 |
| in
lieu
of a
driver's or commercial driver's license or permit | 2661 |
| until
the
bureau
issues a restricted license to the offender. | 2662 |
| (3) Upon receipt of an offender's driver's or commercial | 2663 |
|
driver's license or permit pursuant to division
(C)(2) of this | 2664 |
|
section, the bureau of motor vehicles shall issue a restricted | 2665 |
|
license to the offender. The restricted license shall be
identical | 2666 |
| to the surrendered license, except that it shall have
printed on | 2667 |
| its face a statement that the offender is prohibited
from | 2668 |
| operating a motor vehicle that is not equipped with an
ignition | 2669 |
| interlock device that is certified pursuant to section
4510.43 of | 2670 |
| the Revised Code. The bureau shall deliver the
offender's | 2671 |
| surrendered license or permit to the court upon
receipt
of a court | 2672 |
| order requiring it to do so, or reissue the
offender's
license or | 2673 |
| permit under section
4510.52 of the Revised
Code if
the registrar | 2674 |
| destroyed the offender's license or permit
under
that section. The | 2675 |
| offender shall surrender the restricted
license
to the court upon | 2676 |
| receipt of the offender's surrendered
license or
permit. | 2677 |
| (4) If an offender violates a requirement of the court | 2678 |
|
imposed under division
(C)(1) of this section, the
court may | 2679 |
|
impose a class seven suspension of the offender's driver's or | 2680 |
|
commercial driver's license or permit or nonresident operating | 2681 |
|
privilege
from the range specified
in division (A)(7) of section
| 2682 |
|
4510.02 of the Revised
Code.
On a second or subsequent violation, | 2683 |
|
the court may impose a class
four suspension of the offender's | 2684 |
|
driver's or commercial driver's
license or permit or nonresident | 2685 |
|
operating privilege from the
range specified in division (A)(4) of | 2686 |
|
section 4510.02 of the
Revised Code. | 2687 |
Sec. 3701.143. For purposes of sectionsections 1547.11, | 2688 |
| 4511.19, and 4511.194 of the Revised Code, the
director of health | 2689 |
| shall determine, or cause to be determined, techniques or
methods | 2690 |
| for chemically analyzing a person's whole blood, blood serum or | 2691 |
| plasma, urine, breath, or other
bodily substance in order to | 2692 |
| ascertain the amount of alcohol, a drug of abuse,
controlled | 2693 |
substance, metabolite of a controlled substance, or alcohol and a | 2694 |
drug of abusecombination of them in the person's whole blood, | 2695 |
| blood serum or plasma, urine, breath, or other
bodily substance. | 2696 |
| The director shall approve satisfactory techniques or
methods, | 2697 |
| ascertain the qualifications of individuals to conduct such | 2698 |
| analyses,
and issue permits to qualified persons authorizing them | 2699 |
| to perform such
analyses. Such permits shall be
subject to | 2700 |
| termination or revocation at the discretion of the director. | 2701 |
| (4) "Law enforcement officer" means a sheriff, deputy | 2730 |
|
sheriff, constable, marshal, deputy marshal, municipal or
township | 2731 |
|
police officer, state highway patrol trooper, police
officer | 2732 |
|
employed by a qualified nonprofit police department
pursuant to | 2733 |
|
section 1702.80 of the Revised Code, or police
officer employed by | 2734 |
|
a proprietary police department or security
department of a | 2735 |
|
hospital operated by a public hospital agency or
nonprofit | 2736 |
|
hospital agency pursuant to section 4973.17 of the
Revised Code. | 2737 |
| (B) No insurer shall consider the circumstance that an | 2741 |
|
applicant or policyholder has been involved in a motor vehicle | 2742 |
|
accident while in the pursuit of the applicant's or
policyholder's | 2743 |
|
official duties as a law
enforcement officer, firefighter, or | 2744 |
|
operator of an emergency
vehicle or ambulance, while operating a | 2745 |
|
vehicle engaged in mowing or
snow and ice removal as a county, | 2746 |
|
township, or department of transportation
employee, or while | 2747 |
|
operating a vehicle while engaged in the pursuit
of the | 2748 |
|
applicant's or policyholder's official duties as a member
of the
| 2749 |
| motor
carrier enforcement unit of the
state highway patrol
under | 2750 |
| section 5503.34 of the Revised Code,
as
a basis for doing either | 2751 |
| of the following: | 2752 |
| (D) The employer of the law enforcement officer,
firefighter, | 2766 |
| or
operator of an emergency vehicle or
ambulance,
operator of a | 2767 |
| vehicle engaged in
mowing or snow and ice removal,
or operator of | 2768 |
| a vehicle who is a member of the
motor
carrier enforcement
unit, | 2769 |
| except as otherwise
provided in
division (F) of this section, | 2770 |
|
shall certify to the
state highway patrol or law enforcement | 2771 |
|
agency that investigates
the accident whether the officer, | 2772 |
|
firefighter,
or operator of an
emergency vehicle or ambulance, | 2773 |
|
operator of a vehicle engaged in
mowing or snow and ice removal, | 2774 |
| or operator of a vehicle who is a
member of the
motor
carrier | 2775 |
| enforcement
unit, was engaged in the performance of
the person's | 2776 |
| official
duties
as such
employee at the time of the accident. The | 2777 |
| employer
shall
designate an official authorized to make the | 2778 |
| certifications.
The state
highway patrol or law enforcement agency | 2779 |
| shall include
the
certification in any report of the accident | 2780 |
| forwarded to the
department of public safety pursuant to sections | 2781 |
| 5502.11 and
5502.12 of the Revised Code and shall forward the | 2782 |
| certification
to
the department if received after the report of | 2783 |
| the accident
has
been forwarded to the department. The registrar | 2784 |
| of motor
vehicles
shall not include an accident in a certified | 2785 |
| abstract of
information under division (A) of section 4509.05 of | 2786 |
| the Revised
Code, if the person involved has been so certified as | 2787 |
| having been
engaged in the performance of the person's official | 2788 |
| duties
at the
time of
the accident. | 2789 |
| (F) Division (B) of this section does not apply if an | 2794 |
|
applicant or policyholder, on the basis of the applicant's or | 2795 |
|
policyholder's involvement in an
accident described in that | 2796 |
|
division, is convicted of or pleads
guilty or no contest to a | 2797 |
violation of section 4511.19 of the
Revised Code; of a municipal | 2798 |
ordinance relating to operating a
vehicle while under the | 2799 |
influence of alcohol, a drug of abuse, or
alcohol and a drug of | 2800 |
abuse; or of a municipal OVI ordinance relating
to operating a | 2801 |
vehicle
with a prohibited concentration of alcoholas defined
in | 2802 |
section 4511.181 of the blood, breath,
or urine, or other bodily | 2803 |
substanceRevised Code. | 2804 |
| (B) A test or tests as provided in division (A) of this | 2813 |
|
section may be administered at the direction of a peace officer | 2814 |
|
having reasonable ground to stop or detain the person and, after | 2815 |
|
investigating the circumstances surrounding the operation of the | 2816 |
|
commercial motor vehicle, also having reasonable ground to
believe | 2817 |
|
the person was driving the commercial vehicle
while having a | 2818 |
|
measurable or detectable amount of alcohol or of a
controlled | 2819 |
|
substance or a metabolite of a controlled substance in the | 2820 |
| person's
whole blood,
blood serum or plasma,
breath, or urine.
Any | 2821 |
| such test
shall be
given within two hours
of the time of the | 2822 |
| alleged
violation. | 2823 |
| (D) If a person refuses to submit to a test after being | 2832 |
|
warned as provided in division (C) of this section or submits to
a | 2833 |
|
test that discloses the presence of a controlled substance or a | 2834 |
| metabolite of a controlled substance,
an
alcohol concentration of | 2835 |
| four-hundredths of one per cent or
more by whole blood or breath, | 2836 |
| an alcohol concentration of forty-eight-thousandths of one per | 2837 |
| cent or more by blood serum or blood plasma, or an alcohol | 2838 |
| concentration of fifty-six-thousandths of one per cent or more by | 2839 |
| urine,
the person immediately
shall surrender the person's | 2840 |
| commercial
driver's
license to the
peace officer.
The peace | 2841 |
| officer shall
forward the license, together with a
sworn report, | 2842 |
| to the
registrar of motor vehicles certifying that
the test was | 2843 |
| requested
pursuant to division (A) of this section
and that the | 2844 |
| person
either refused to submit to testing or
submitted to a test | 2845 |
| that
disclosed the presence of a controlled
substance or a | 2846 |
| metabolite of a controlled substance or a prohibited alcohol | 2847 |
|
concentration. The
form and contents of the report required
by | 2848 |
| this section shall be
established by the registrar by rule,
but | 2849 |
| shall contain the advice
to be read to the driver and a
statement | 2850 |
| to be signed by the
driver acknowledging that
the driver has been | 2851 |
| read
the advice and
that the form was shown to the driver. | 2852 |
| (2) Upon an incident of refusal or of a prohibited | 2858 |
|
concentration of
alcohol, a controlled substance, or a metabolite | 2859 |
| of a controlled substance after one or more previous incidents of | 2860 |
|
either refusal or of a
prohibited concentration of alcohol, a | 2861 |
| controlled substance, or a metabolite of a controlled substance, | 2862 |
| the
person shall be disqualified for life
or such lesser period as | 2863 |
|
prescribed by rule by the registrar. | 2864 |
| (F) A
test
of a person's whole blood or a person's
blood | 2865 |
|
serum or plasma given under this section shall comply
with
the | 2866 |
|
applicable provisions of division (D) of section
4511.19 of
the | 2867 |
|
Revised Code and any physician, registered nurse,
or qualified | 2868 |
|
technician, chemist,
or
phlebotomist who withdraws
whole blood
or | 2869 |
|
blood serum or plasma from a
person under this section, and any | 2870 |
|
hospital, first-aid station,
clinic,
or other facility at which | 2871 |
|
whole blood
or blood serum or plasma is withdrawn
from a
person | 2872 |
|
pursuant to
this section, is immune from criminal
liability, and | 2873 |
|
from civil
liability that is based upon a claim of
assault and | 2874 |
|
battery or
based upon any other claim of malpractice,
for any act | 2875 |
|
performed
in withdrawing
whole blood
or blood serum or plasma from | 2876 |
|
the person. | 2877 |
| (G) When a person submits to a test under this section,
the | 2878 |
|
results of the test, at the person's request, shall be
made | 2879 |
|
available
to the person, the person's attorney, or
the
person's | 2880 |
|
agent, immediately upon completion
of the chemical test analysis. | 2881 |
|
The person also may have an
additional test administered by a | 2882 |
|
physician, a registered nurse,
or a qualified technician,
chemist, | 2883 |
|
or
phlebotomist of the person's own
choosing as
provided
in | 2884 |
|
division (D) of section 4511.19 of the Revised
Code for tests | 2885 |
|
administered under that section, and the failure
to obtain such a | 2886 |
|
test has the same effect as in that division. | 2887 |
| (J)(1) Except for civil actions arising out of the
operation | 2896 |
|
of a motor vehicle and civil actions in which the state
is a | 2897 |
|
plaintiff, no peace officer of any law enforcement agency
within | 2898 |
|
this state is liable in compensatory damages in any civil
action | 2899 |
|
that arises under the Revised Code or common law of this
state for | 2900 |
|
an injury, death, or loss to person or property caused
in the | 2901 |
|
performance of official duties under this section and
rules | 2902 |
|
adopted under this section, unless the officer's actions were | 2903 |
|
manifestly outside the scope of the officer's employment or | 2904 |
|
official
responsibilities, or unless the officer acted with | 2905 |
|
malicious
purpose, in bad faith, or in a wanton or reckless | 2906 |
|
manner. | 2907 |
| (2) Except for civil actions that arise out of the
operation | 2908 |
|
of a motor vehicle and civil actions in which the state
is a | 2909 |
|
plaintiff, no peace officer of any law enforcement agency
within | 2910 |
|
this state is liable in punitive or exemplary damages in
any civil | 2911 |
|
action that arises under the Revised Code or common law
of this | 2912 |
|
state for any injury, death, or loss to person or
property caused | 2913 |
|
in the performance of official duties under
this
section of the | 2914 |
|
Revised Code and rules adopted under this section,
unless the | 2915 |
|
officer's actions were manifestly outside the scope of
the | 2916 |
|
officer's employment or official responsibilities, or
unless the | 2917 |
|
officer acted with malicious purpose, in bad faith, or in a
wanton | 2918 |
|
or reckless manner. | 2919 |
| (L) The registrar immediately shall
notify a driver who is | 2923 |
|
subject to disqualification of the disqualification, of
the length | 2924 |
|
of the disqualification, and that the driver may request a hearing | 2925 |
|
within thirty days of the mailing of the notice to show cause why | 2926 |
|
the driver
should not be disqualified from operating a commercial | 2927 |
|
motor vehicle. If a
request for such a hearing is not made within | 2928 |
|
thirty days of the mailing of
the
notice, the order of | 2929 |
|
disqualification is final. The registrar may designate
hearing | 2930 |
|
examiners who, after affording all parties reasonable notice, | 2931 |
|
shall
conduct a hearing to determine whether the disqualification | 2932 |
|
order is supported
by reliable evidence. The registrar shall
adopt | 2933 |
| rules to implement this
division. | 2934 |
| (A) "Cancel" or "cancellation" means the annulment or | 2947 |
|
termination
by the bureau of motor vehicles of a driver's license, | 2948 |
|
commercial driver's
license, temporary instruction permit, | 2949 |
|
probationary
license, or nonresident operating privilege because | 2950 |
|
it was
obtained unlawfully, issued in error, altered, or willfully | 2951 |
|
destroyed, or because the holder no longer is entitled to the | 2952 |
|
license, permit, or privilege. | 2953 |
| (C) "Ignition interlock device" means a device approved by | 2957 |
|
the
director of public safety that connects a breath analyzer to a | 2958 |
|
motor vehicle's
ignition system, that is constantly available to | 2959 |
|
monitor the concentration by weight of alcohol in the breath of | 2960 |
|
any person attempting to start that motor vehicle by using its | 2961 |
|
ignition system, and that deters starting the motor vehicle by use | 2962 |
|
of its ignition system unless the person attempting to start the | 2963 |
|
vehicle provides an appropriate breath sample for the device and | 2964 |
|
the device determines that the concentration by weight of alcohol | 2965 |
|
in the person's breath is below a preset level. | 2966 |
| (E) "Moving violation" means any violation of any statute or | 2975 |
|
ordinance that regulates the operation of vehicles, streetcars, or | 2976 |
|
trackless
trolleys on the highways or streets. "Moving
violation" | 2977 |
|
does not include a violation of section 4513.263 of the
Revised | 2978 |
|
Code or a substantially equivalent municipal
ordinance, a | 2979 |
|
violation of any statute or ordinance regulating pedestrians or | 2980 |
|
the parking of vehicles, vehicle size or load
limitations, vehicle | 2981 |
|
fitness requirements, or vehicle
registration. | 2982 |
| (H) "Suspend" or "suspension" means the permanent or | 2988 |
|
temporary
withdrawal, by action of a court or the bureau of motor | 2989 |
|
vehicles, of a
driver's
license, commercial driver's license, | 2990 |
|
temporary instruction
permit, probationary license, or nonresident | 2991 |
|
operating privilege
for the period of the suspension or the | 2992 |
|
permanent or temporary
withdrawal of the privilege to obtain a | 2993 |
|
license, permit, or
privilege of that type for the period of the | 2994 |
|
suspension. | 2995 |
| Sec. 4510.032. (A) If a person is charged with a
violation | 3000 |
|
of
section 4511.19 of the Revised Code or a violation of
any | 3001 |
|
municipal OVI ordinance; if that
charge is
dismissed or
reduced; | 3002 |
|
if the person is convicted of or forfeits
bail in
relation to a | 3003 |
|
violation of any other section of the
Revised Code
or of any | 3004 |
|
ordinance
that regulates the operation of vehicles,
streetcars, | 3005 |
|
and trackless trolleys
on highways and
streets but
that does not | 3006 |
|
relate to operating a vehicle while under the
influence of | 3007 |
|
alcohol, a
drug of abuse, or a combination of them or
to operating | 3008 |
|
a
vehicle with a prohibited concentration of alcohol, a controlled | 3009 |
| substance, or a metabolite of a controlled substance
in the whole | 3010 |
|
blood, blood
serum or plasma,
breath, or urine; and
if the | 3011 |
|
violation of which the person was
convicted or in relation
to | 3012 |
|
which the person forfeited bail
arose
out of the same facts and | 3013 |
|
circumstances and the same act as did
the charge that was | 3014 |
|
dismissed or reduced, the abstract prepared
under section 4510.03 | 3015 |
|
of the Revised Code also shall set
forth the
charge that was | 3016 |
|
dismissed or reduced, indicate that it was dismissed or
reduced, | 3017 |
|
and indicate that the violation resulting in the
conviction or | 3018 |
|
bail forfeiture arose out of the same facts and
circumstances and | 3019 |
|
the same act as did the charge that was
dismissed or reduced. | 3020 |
| (B) If a charge against a person of a violation of division | 3021 |
|
(A)
of section 4510.11, division (A) of section 4510.14, or | 3022 |
|
division
(A) of section 4510.16 of the Revised Code or any | 3023 |
|
municipal ordinance that is substantially equivalent to any of | 3024 |
|
those divisions
is dismissed or reduced and if the person is | 3025 |
|
convicted of
or forfeits bail in
relation to a violation of any | 3026 |
|
other section of the Revised
Code
or any other ordinance that | 3027 |
|
regulates the operation of vehicles,
streetcars, and trackless | 3028 |
|
trolleys on highways and streets that
arose out of the same facts | 3029 |
|
and circumstances as did the charge
that was dismissed or reduced, | 3030 |
|
the abstract also shall set forth
the charge that was dismissed or | 3031 |
|
reduced, indicate that it was
dismissed or reduced, and indicate | 3032 |
|
that the violation resulting in
the conviction or bail forfeiture | 3033 |
|
arose out of the same facts
and
circumstances and the same act as | 3034 |
|
did the charge that was
dismissed or reduced. | 3035 |
| (C)(1) If a child has been adjudicated an unruly or | 3036 |
|
delinquent
child or a juvenile traffic offender for having | 3037 |
|
committed any act that if
committed by an adult would be a drug | 3038 |
|
abuse offense
or any
violation of division (B) of section 2917.11 | 3039 |
|
or of section 4511.19
of the Revised Code, the court shall notify | 3040 |
|
the bureau, by
means
of an abstract of the court record as | 3041 |
|
described in divisions (B)
and (C) of section 4510.03 of the | 3042 |
|
Revised Code,
within ten days
after the adjudication. | 3043 |
| (2) If a court requires a child to attend a drug abuse or | 3044 |
|
alcohol
abuse education, intervention, or treatment program, the | 3045 |
|
abstract
required by division (C)(1) of this section and forwarded | 3046 |
|
to the
bureau also shall include the name and address of the | 3047 |
|
operator of the program
and the date that the child entered the | 3048 |
|
program. If the child satisfactorily completes the program, the | 3049 |
|
court, immediately upon receipt of the information, shall send to | 3050 |
|
the bureau an updated abstract that also shall contain the date on | 3051 |
|
which the child satisfactorily completed the program. | 3052 |
| Sec. 4510.036. (A) The bureau of motor vehicles shall
record | 3053 |
|
within ten days, after receipt, and shall keep at its main
office, | 3054 |
| all
abstracts received under this section
or section
4510.03, | 3055 |
| 4510.031, 4510.032, or 4510.034 of the
Revised Code
and
shall | 3056 |
| maintain records of convictions and bond
forfeitures for any | 3057 |
|
violation of a state law or a municipal
ordinance regulating the | 3058 |
|
operation of vehicles, streetcars, and trackless
trolleys on | 3059 |
|
highways and
streets, except a violation related to parking a | 3060 |
|
motor vehicle. | 3061 |
| (B) Every court of record or mayor's court before which a | 3062 |
|
person
is charged with a violation for which points are chargeable | 3063 |
|
by this section
shall assess and transcribe to the abstract of | 3064 |
|
conviction that is furnished by the bureau
to the court
the number | 3065 |
|
of points
chargeable by this section in
the correct space assigned | 3066 |
|
on the
reporting form. A United States
district court that has | 3067 |
|
jurisdiction
within this state and
before
which a person is | 3068 |
|
charged with a violation
for which points
are
chargeable by this | 3069 |
|
section may
assess and transcribe to the
abstract of conviction | 3070 |
|
report that is
furnished by the bureau the
number of points | 3071 |
|
chargeable by this
section in the correct space
assigned on the | 3072 |
|
reporting form. If
the federal court so assesses
and transcribes | 3073 |
|
the points
chargeable for the offense and
furnishes the report to | 3074 |
|
the bureau, the bureau
shall record the
points in the same manner | 3075 |
|
as those assessed and transcribed by a
court of record or
mayor's | 3076 |
|
court. | 3077 |
| (6) A violation of division (A) of section 4511.19 of the | 3098 |
|
Revised
Code, any ordinance prohibiting the operation of a vehicle | 3099 |
|
while
under the influence of alcohol, a drug of abuse, or a | 3100 |
|
combination of them, or
any ordinance
substantially equivalent to | 3101 |
|
division (A) of section 4511.19 of the
Revised Code prohibiting | 3102 |
|
the operation of a vehicle with a
prohibited concentration of | 3103 |
|
alcohol, a controlled substance, or a metabolite of a controlled | 3104 |
| substance in the whole blood, blood serum or plasma,
breath, or | 3105 |
|
urine .......... 6 points | 3106 |
| (E) If a person is convicted of or forfeits bail for
two or | 3145 |
|
more offenses arising
out of the same facts and points are | 3146 |
|
chargeable for each of the offenses,
points shall be charged
for | 3147 |
|
only the conviction or bond forfeiture for which the
greater | 3148 |
|
number of points is chargeable, and, if the number of points | 3149 |
|
chargeable for each offense is equal, only one offense shall be | 3150 |
|
recorded, and points shall be charged only for that offense. | 3151 |
| Sec. 4510.17. (A) The registrar of motor vehicles
shall
| 3152 |
|
impose a class D
suspension of the
person's driver's license, | 3153 |
|
commercial driver's license,
temporary
instruction permit, | 3154 |
|
probationary license, or nonresident operating
privilege for the | 3155 |
|
period of time specified in division (B)(4) of
section 4510.02 of | 3156 |
|
the Revised Code on any person who is a
resident of
this state and | 3157 |
|
is convicted of or
pleads guilty to a
violation of
a statute of | 3158 |
|
any other state or any federal
statute
that is
substantially | 3159 |
|
similar to section 2925.02, 2925.03,
2925.04,
2925.041, 2925.05, | 3160 |
|
2925.06,
2925.11, 2925.12, 2925.13,
2925.14,
2925.22, 2925.23, | 3161 |
|
2925.31, 2925.32,
2925.36, or 2925.37
of the
Revised Code. Upon | 3162 |
|
receipt of a
report from a court, court
clerk,
or other official | 3163 |
|
of any other
state or from any federal
authority
that a resident | 3164 |
|
of this state
was convicted of or
pleaded guilty
to an
offense | 3165 |
|
described in this division, the
registrar shall send
a notice by | 3166 |
|
regular first class mail to the
person, at
the
person's last known | 3167 |
|
address as shown in the records
of the bureau
of motor vehicles, | 3168 |
|
informing the person of the
suspension, that the
suspension
will | 3169 |
|
take
effect twenty-one
days from the date of the notice, and that, | 3170 |
|
if
the person wishes
to
appeal the suspension or denial, the | 3171 |
|
person
must file a
notice
of appeal within
twenty-one days of the | 3172 |
|
date of
the notice
requesting a hearing on
the matter. If the | 3173 |
|
person
requests a
hearing, the registrar
shall hold the hearing | 3174 |
|
not more
than
forty
days after receipt by the registrar of the | 3175 |
|
notice of
appeal. The
filing of a notice of
appeal does not stay | 3176 |
|
the
operation of the
suspension
that must be imposed
pursuant to | 3177 |
|
this
division. The scope of the
hearing shall be
limited to | 3178 |
|
whether
the person actually was convicted of
or pleaded
guilty to | 3179 |
|
the
offense for which the
suspension
is to be
imposed. | 3180 |
| (B) The registrar shall
impose
a class D suspension of the | 3194 |
|
person's
driver's license, commercial
driver's license, temporary | 3195 |
|
instruction permit,
probationary
license, or nonresident operating | 3196 |
|
privilege for the period of
time
specified in division (B)(4) of | 3197 |
|
section 4510.02 of the Revised
Code on any
person who is a | 3198 |
|
resident of this state and is
convicted of
or
pleads guilty to a | 3199 |
|
violation of a statute
of any
other state
or a
municipal ordinance | 3200 |
|
of a municipal corporation
located in
any
other state that is | 3201 |
|
substantially similar to
section 4511.19
of
the Revised Code.
Upon | 3202 |
|
receipt of a report
from another state
made pursuant to
section
| 3203 |
|
4510.61 of the
Revised Code
indicating
that a resident of
this | 3204 |
|
state was
convicted
of or pleaded guilty
to an offense
described | 3205 |
|
in this
division, the
registrar shall
send
a notice by
regular | 3206 |
|
first class
mail to the person, at the
person's last known
address | 3207 |
|
as shown in
the records of the bureau
of motor
vehicles,
informing | 3208 |
|
the person
of the suspension, that the
suspension or
denial will | 3209 |
|
take effect
twenty-one
days from the date of the
notice, and that, | 3210 |
|
if
the person wishes
to appeal the suspension,
the
person must | 3211 |
|
file a
notice
of appeal within twenty-one days of
the
date of the | 3212 |
|
notice
requesting a hearing on the matter. If the
person requests | 3213 |
|
a
hearing, the registrar shall hold the hearing
not more than | 3214 |
|
forty
days after receipt by the registrar of the
notice
of appeal. | 3215 |
|
The
filing of a notice of appeal does not stay
the
operation of | 3216 |
|
the
suspension
that must be imposed
pursuant to
this
division.
The | 3217 |
| scope of the hearing shall be
limited to
whether
the person | 3218 |
|
actually was convicted of or pleaded
guilty to
the
offense for | 3219 |
|
which the suspension
is
to be
imposed. | 3220 |
| (C) The registrar shall
impose
a class D suspension of the | 3226 |
|
child's driver's license,
commercial
driver's license, temporary | 3227 |
|
instruction permit, or nonresident
operating privilege for the | 3228 |
|
period of time specified in division
(B)(4) of section 4510.02 of | 3229 |
|
the Revised Code on any
child who is
a resident of this state and | 3230 |
|
is convicted of or
pleads guilty to a
violation of a statute of | 3231 |
|
any other state or
any federal statute
that is substantially | 3232 |
|
similar to section
2925.02, 2925.03,
2925.04,
2925.041, 2925.05, | 3233 |
|
2925.06, 2925.11,
2925.12, 2925.13,
2925.14, 2925.22, 2925.23, | 3234 |
|
2925.31, 2925.32,
2925.36, or 2925.37
of the Revised Code. Upon | 3235 |
|
receipt of a report
from a court,
court
clerk, or other official | 3236 |
|
of any other state or
from any
federal
authority that a child who | 3237 |
|
is a resident of this
state
was
convicted of or pleaded guilty to | 3238 |
|
an offense described
in
this
division, the registrar shall send a | 3239 |
|
notice by regular
first
class
mail to the child, at the child's | 3240 |
|
last known address
as shown in
the records of the bureau of motor | 3241 |
|
vehicles, informing
the child
of the suspension, that the | 3242 |
|
suspension or
denial will
take effect
twenty-one days from the | 3243 |
|
date of the
notice, and that,
if the child wishes to
appeal the | 3244 |
|
suspension, the child
must file a notice of appeal within | 3245 |
|
twenty-one
days of the date of
the notice requesting a hearing on | 3246 |
|
the matter.
If the child
requests a hearing, the registrar shall | 3247 |
|
hold the
hearing not more
than forty
days after receipt by the | 3248 |
|
registrar of
the notice of
appeal. The filing of a notice of | 3249 |
|
appeal does not
stay the
operation of the suspension
that must be | 3250 |
|
imposed
pursuant to this division. The scope of the
hearing shall | 3251 |
|
be
limited to whether the child actually was convicted of
or | 3252 |
|
pleaded
guilty to the offense for which
the suspension
is to be | 3253 |
|
imposed. | 3254 |
| The
suspension the registrar is required to impose
under
this | 3255 |
|
division shall end either on the last day of
the class D | 3256 |
|
suspension period or of the suspension of the
child's nonresident | 3257 |
|
operating privilege
imposed by the state or
federal court, | 3258 |
|
whichever is earlier.
If the child is a resident of this state
who | 3259 |
|
is sixteen
years of
age or older and does not have a current, | 3260 |
|
valid Ohio
driver's or
commercial driver's license or permit, the | 3261 |
|
notice shall
inform the
child that the child will be denied | 3262 |
|
issuance of a driver's or
commercial driver's license or permit | 3263 |
|
for six months beginning on
the date of the notice. If the child | 3264 |
|
has not attained the age of
sixteen years on the date of the | 3265 |
|
notice, the notice shall inform
the child that the period of | 3266 |
|
denial of six months shall commence
on the
date the child attains | 3267 |
|
the age of sixteen years. | 3268 |
| The registrar shall subscribe to or otherwise participate
in | 3269 |
|
any information system or register, or enter into reciprocal
and | 3270 |
|
mutual agreements with other states and federal authorities,
in | 3271 |
|
order to facilitate the exchange of information with other
states | 3272 |
|
and the United States government regarding children who
are | 3273 |
|
residents of this state and plead guilty to or are convicted
of | 3274 |
|
offenses described in this division and therefore are subject
to | 3275 |
|
the suspension or denial described in this division. | 3276 |
| (D) The registrar shall
impose
a class D suspension of the | 3277 |
|
child's
driver's license, commercial
driver's license, temporary | 3278 |
|
instruction permit,
probationary
license, or nonresident operating | 3279 |
|
privilege for the period of
time
specified in division (B)(4) of | 3280 |
|
section 4510.02 of the Revised
Code on any
child who is a resident | 3281 |
|
of this state and
is convicted
of or
pleads guilty to a
violation | 3282 |
|
of a statute of
any other state
or a
municipal ordinance of a | 3283 |
|
municipal
corporation located in any
other state that is | 3284 |
|
substantially
similar to section 4511.19 of
the Revised Code.
Upon | 3285 |
|
receipt of
a report from another state
made pursuant to
section
| 3286 |
|
4510.61 of the Revised Code
indicating
that a child who
is a | 3287 |
|
resident
of this state was
convicted of or
pleaded guilty to
an | 3288 |
|
offense
described in this
division, the
registrar shall send a | 3289 |
|
notice by
regular first class
mail to the
child, at the child's | 3290 |
|
last known address
as shown in
the records
of the bureau of motor | 3291 |
|
vehicles,
informing the child
of the
suspension, that the | 3292 |
|
suspension
will
take
effect twenty-one
days from the date of the | 3293 |
|
notice, and that,
if
the
child wishes to appeal
the suspension, | 3294 |
|
the child
must file a notice
of appeal within
twenty-one days of | 3295 |
|
the date of
the notice requesting a hearing on
the matter. If the | 3296 |
|
child
requests a hearing, the registrar shall
hold the hearing not | 3297 |
|
more
than forty
days after receipt by the
registrar of the notice | 3298 |
|
of
appeal. The filing of a notice of
appeal does not stay the | 3299 |
|
operation of the suspension
that must be imposed
pursuant to this | 3300 |
|
division. The scope of the
hearing shall be
limited to whether
the | 3301 |
| child actually was convicted of
or pleaded
guilty to the
offense | 3302 |
| for which the
suspension
is to be
imposed. | 3303 |
| The
suspension the registrar is required to impose
under
this | 3304 |
|
division shall end either on the last day of
the class D | 3305 |
|
suspension period or of the suspension of the
child's nonresident | 3306 |
|
operating privilege
imposed by the state or
federal court, | 3307 |
|
whichever is earlier.
If the child is a resident of this state
who | 3308 |
|
is sixteen
years of
age or older and does not have a current, | 3309 |
|
valid Ohio
driver's or
commercial driver's license or permit, the | 3310 |
|
notice shall
inform the
child that the child will be denied | 3311 |
|
issuance of a driver's or
commercial driver's license or permit | 3312 |
|
for six months beginning on
the date of the notice. If the child | 3313 |
|
has not attained the age of
sixteen years on the date of the | 3314 |
|
notice, the notice shall inform
the child that the period of | 3315 |
|
denial of six months shall commence
on the
date the child attains | 3316 |
|
the age of sixteen years. | 3317 |
| (E) Any person whose license or permit has been suspended | 3318 |
|
pursuant to
this section may file a
petition in the municipal or | 3319 |
| county court, or in case the person
is under
eighteen years of | 3320 |
| age, the juvenile court, in whose
jurisdiction the person
resides, | 3321 |
| agreeing to
pay the cost of the
proceedings and alleging that the | 3322 |
| suspension
would seriously
affect the person's ability to continue | 3323 |
| the person's
employment.
Upon satisfactory proof that there is | 3324 |
| reasonable cause to believe
that the suspension would seriously | 3325 |
| affect the person's ability to
continue
the person's employment, | 3326 |
| the judge may grant the person
limited driving
privileges during | 3327 |
| the period during
which the
suspension otherwise would be
imposed, | 3328 |
| except that the
judge shall
not grant
limited driving
privileges | 3329 |
| for
employment as a
driver
of a commercial motor vehicle to any | 3330 |
|
person
who would be
disqualified from operating a commercial motor | 3331 |
|
vehicle under
section 4506.16
of the Revised Code if the violation | 3332 |
|
had occurred
in this state, or during any
of the following periods | 3333 |
|
of time: | 3334 |
| (e) Division (A)(2), (3), or (4) of
section 2903.06,
division | 3354 |
| (A)(2) of section
2903.08, or
as it existed prior
to
March 23, | 3355 |
| 2000, section 2903.07 of
the Revised
Code, or
a
municipal | 3356 |
|
ordinance that is substantially
similar to any of those
divisions | 3357 |
|
or that former section,
in a
case in which the jury or
judge found | 3358 |
|
that the
person was under
the influence of alcohol, a
drug of | 3359 |
|
abuse, or
alcohol and a drug
of abuse. | 3360 |
| If a person petitions for
limited driving
privileges
under | 3376 |
|
division (E) of this section, the registrar shall
be
represented | 3377 |
|
by the county prosecutor of the county in which
the
person resides | 3378 |
|
if the petition is filed in a juvenile court
or
county court, | 3379 |
|
except that if the person resides within a city
or
village that is | 3380 |
|
located within the jurisdiction of the county
in
which the | 3381 |
|
petition is filed, the city director of law or
village
solicitor | 3382 |
|
of that city or village shall represent the
registrar.
If the | 3383 |
|
petition is filed in a municipal court, the
registrar shall
be | 3384 |
|
represented as provided in section 1901.34
of the Revised Code. | 3385 |
| In granting
limited driving privileges under
division
(E) of | 3386 |
|
this section, the court may impose any condition
it
considers | 3387 |
|
reasonable and necessary to limit the use of a
vehicle
by the | 3388 |
|
person. The court shall deliver to the person a
permit
card, in a | 3389 |
|
form to be prescribed by the court, setting
forth the
time, place, | 3390 |
|
and other conditions limiting the person's
use of a
motor vehicle. | 3391 |
|
The grant of
limited driving
privileges shall
be conditioned upon | 3392 |
|
the person's having the
permit in the person's
possession at all | 3393 |
|
times during which
the
person is
operating a
vehicle. | 3394 |
| (1)
"Child" means a person who is under the age of
eighteen | 3401 |
|
years, except that any person who violates a statute or
ordinance | 3402 |
|
described in division (C) or (D) of this section prior
to | 3403 |
|
attaining eighteen years of age shall be deemed a
"child" | 3404 |
|
irrespective of the person's age at the time the complaint
or | 3405 |
|
other
equivalent document is filed in the other state or a | 3406 |
|
hearing,
trial, or other proceeding is held in the other state on | 3407 |
|
the
complaint or other equivalent document, and irrespective of | 3408 |
|
the
person's
age when the period of license suspension or denial | 3409 |
|
prescribed in
division (C) or (D) of this section is imposed. | 3410 |
| (4) If the suspension was imposed because the person was | 3449 |
|
under
the influence of alcohol, a drug of abuse, or combination of | 3450 |
|
them at the
time of the offense or because at the time of the | 3451 |
|
offense the person's whole blood, blood serum or plasma, breath, | 3452 |
|
or urine contained at least the concentration of alcohol specified | 3453 |
|
in division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the | 3454 |
|
Revised Code or at least the concentration of a listed controlled | 3455 |
| substance or a listed metabolite of a controlled substance | 3456 |
| specified in division (A)(1)(j) of section 4511.19 of the Revised | 3457 |
| Code, the person also shall demonstrate
all of the
following: | 3458 |
| (B) Upon receipt of a motion for modification or termination | 3465 |
|
of
the suspension under this section, the court may schedule a | 3466 |
|
hearing on the
motion. The court may deny the motion without a | 3467 |
| hearing but shall not grant the motion without a hearing. If the | 3468 |
| court denies a motion without a hearing, the court may consider a | 3469 |
| subsequent motion filed under this section by that person. If a | 3470 |
| court denies the motion after a hearing, the court shall not | 3471 |
| consider a subsequent motion for that person. The court shall hear | 3472 |
| only one motion filed by a person under this section. If | 3473 |
| scheduled, the hearing shall be
conducted
in open court within | 3474 |
| ninety days after the date on which
the
motion is filed. | 3475 |
| (D) At any hearing under this section, the person who seeks | 3482 |
|
modification or termination of the suspension has the burden to | 3483 |
|
demonstrate,
under oath, that the person meets the requirements
of | 3484 |
|
division (A) of this section. At the hearing, the court
shall | 3485 |
|
afford the offender or the offender's counsel an opportunity
to | 3486 |
|
present oral or written information relevant to the motion.
The | 3487 |
|
court shall afford a similar opportunity to provide relevant | 3488 |
|
information to the prosecuting attorney and the victim or victim's | 3489 |
|
representative. | 3490 |
| Before ruling on the motion, the court shall take into | 3491 |
|
account the
person's driving record, the nature of the offense | 3492 |
|
that led to the
suspension, and the impact of the offense on any | 3493 |
|
victim. In addition,
if the offender is eligible for modification | 3494 |
|
or termination of the
suspension under division (A)(2) of this | 3495 |
|
section, the court shall
consider whether the person committed any | 3496 |
|
other offense while under suspension
and determine whether the | 3497 |
|
offense is relevant to a determination under this
section. The | 3498 |
|
court may modify or terminate the suspension subject to any | 3499 |
|
considerations it considers proper if it finds that allowing the | 3500 |
|
person to drive is not likely to present a danger to the public.
| 3501 |
|
After the court makes a ruling on a motion filed under this | 3502 |
|
section, the
prosecuting attorney shall notify the victim
or the | 3503 |
|
victim's representative of the court's ruling. | 3504 |
| (5) A violation of division (A)(2), (3), or (4) of section | 3524 |
|
2903.06, division (A)(2) of section 2903.08, or former section | 3525 |
|
2903.07
of the Revised Code, or a municipal ordinance that is | 3526 |
|
substantially equivalent to any of
those divisions or that former | 3527 |
|
section, in a case in which a judge or jury as
the trier of fact | 3528 |
|
found that the offender was under the influence of alcohol, a drug | 3529 |
|
of
abuse, or a combination of them; | 3530 |
| (C)
"Municipal OVI ordinance" and "municipal
OVI offense" | 3550 |
|
mean any
municipal ordinance prohibiting a person from operating a | 3551 |
|
vehicle while under
the influence of alcohol, a drug of abuse, or | 3552 |
|
a combination of them or
prohibiting
a person from operating a | 3553 |
|
vehicle with a prohibited concentration
of alcohol, a controlled | 3554 |
| substance, or a metabolite of a controlled substance in the whole | 3555 |
|
blood, blood serum or plasma, breath, or
urine. | 3556 |
| (I) The person is under the influence of alcohol, a drug of | 3647 |
| abuse, or a combination of them, and, as measured by gas | 3648 |
| chromatography mass spectrometry, the person has a concentration | 3649 |
| of marihuana metabolite in the person's urine of at least fifteen | 3650 |
| nanograms of marihuana metabolite per milliliter of the person's | 3651 |
| urine or has a concentration of marihuana metabolite in the | 3652 |
| person's whole blood or blood serum or plasma of at least five | 3653 |
| nanograms of marihuana metabolite per milliliter of the person's | 3654 |
| whole blood or blood serum or plasma. | 3655 |
| (b) Subsequent to being arrested for operating the vehicle, | 3684 |
| streetcar, or trackless trolley as described in division (A)(2)(a) | 3685 |
| of this section, being asked by a law enforcement officer to | 3686 |
| submit to a chemical test or tests under section 4511.191 of the | 3687 |
| Revised Code, and being advised by the officer in accordance with | 3688 |
| section 4511.192 of the Revised Code of the consequences of the | 3689 |
| person's refusal or submission to the test or tests, refuse to | 3690 |
| submit to the test or tests. | 3691 |
| (D)(1) In any criminal prosecution or juvenile court | 3714 |
|
proceeding for a violation of
division (A) or (B) of this section | 3715 |
|
or for an equivalent
offense, the court may admit
evidence on the | 3716 |
|
concentration of
alcohol, drugs of abuse, controlled substances, | 3717 |
| metabolites of a controlled substance, or
a combination of
them in | 3718 |
| the
defendant's
whole blood,
blood serum or plasma,
breath, urine, | 3719 |
| or
other bodily
substance at the time of the
alleged violation as | 3720 |
shown by
chemical analysis of the
substance
withdrawn within two | 3721 |
| three hours of
the time of
the alleged violation. The three-hour | 3722 |
| time limit specified in this division regarding the admission of | 3723 |
| evidence does not extend or affect the two-hour time limit | 3724 |
| specified in division (A) of section 4511.192 of the Revised Code | 3725 |
| as the maximum period of time during which a person may consent to | 3726 |
| a chemical test or tests as described in that section. | 3727 |
| When a person submits to a blood test at the request of a
law | 3728 |
| enforcement officer under section 4511.191 of the
Revised
Code, | 3729 |
| only a
physician, a registered nurse, or a qualified
technician, | 3730 |
|
chemist,
or phlebotomist shall withdraw blood for
the
purpose of | 3731 |
|
determining
the
alcohol, drug, controlled substance, metabolite of | 3732 |
a controlled substance, or alcohol and
drugcombination content
of | 3733 |
| the whole blood, blood serum,
or blood plasma.
This
limitation | 3734 |
| does
not apply to the taking of breath or urine
specimens. A
| 3735 |
|
person authorized to withdraw blood under
this
division may
refuse | 3736 |
| to withdraw blood
under this division, if in
that person's | 3737 |
|
opinion, the physical welfare of
the person would
be
endangered by | 3738 |
| the withdrawing of blood. | 3739 |
| (2) In a criminal prosecution or juvenile court proceeding | 3744 |
|
for a violation of division (A) of this section
or for an | 3745 |
|
equivalent offense, if there was at the time the
bodily substance | 3746 |
|
was
withdrawn a concentration of less than
the
applicable | 3747 |
|
concentration of alcohol specified in
divisions (A)(1)(b), (c), | 3748 |
| (d), and (e) of this section or less than the applicable | 3749 |
| concentration of a listed controlled substance or a listed | 3750 |
| metabolite of a controlled substance specified for a violation of | 3751 |
| division (A)(1)(j) of this section, that fact
may be considered | 3752 |
|
with other
competent evidence
in determining the guilt or | 3753 |
|
innocence of the
defendant. This
division does not limit or
affect | 3754 |
| a criminal
prosecution or
juvenile court proceeding for a | 3755 |
|
violation of
division (B) of this
section or
for an equivalent | 3756 |
| offense that
is
substantially
equivalent to
that
division. | 3757 |
| The person tested may have a physician, a registered nurse, | 3762 |
|
or a qualified technician, chemist,
or
phlebotomist of the | 3763 |
|
person's own
choosing administer a chemical test or tests,
at the | 3764 |
|
person's
expense, in addition to any
administered at the request | 3765 |
|
of a
law enforcement
officer.
The
form to be read to the person
to | 3766 |
| be tested, as required
under
section 4511.192 of the Revised
Code, | 3767 |
| shall state that the person
may have an
independent test
performed | 3768 |
| at the person's expense.
The failure or
inability to
obtain an | 3769 |
| additional
chemical test by
a person shall not preclude
the | 3770 |
| admission of
evidence relating to
the chemical test or tests
taken | 3771 |
| at the
request of a
law
enforcement officer. | 3772 |
| (b) In any criminal prosecution or juvenile court proceeding | 3778 |
|
for a violation of division (A) or (B) of this section, of a | 3779 |
|
municipal ordinance relating to operating a vehicle while under | 3780 |
|
the influence of alcohol, a drug of abuse, or alcohol and a drug | 3781 |
|
of abuse, or of a municipal ordinance relating to operating a | 3782 |
|
vehicle with a prohibited concentration of alcohol, a controlled | 3783 |
| substance, or a metabolite of a controlled substance in the blood, | 3784 |
|
breath, or urine, if a law enforcement officer has administered a | 3785 |
|
field sobriety test to the operator of the vehicle involved in the | 3786 |
|
violation and if it is shown by clear and convincing evidence that | 3787 |
|
the officer administered the test in substantial
compliance with | 3788 |
|
the testing standards for any reliable, credible,
and generally | 3789 |
|
accepted field sobriety
tests that were in effect at
the time the | 3790 |
|
tests were administered, including, but not limited
to, any | 3791 |
|
testing standards then in effect that were set by the
national | 3792 |
|
highway traffic safety administration, all
of the
following apply: | 3793 |
| (E)(1)
Subject to division (E)(3) of
this section,
in any | 3812 |
|
criminal prosecution or juvenile court proceeding for a
violation | 3813 |
of
division (A)(1)(b), (c), (d), (e), (f), (g), (h), or (i), or | 3814 |
| (j)
or
(B)(1), (2), (3), or
(4) of this
section or for an | 3815 |
| equivalent
offense that is substantially equivalent to any
of | 3816 |
those
divisions, a laboratory report from any
forensic laboratory | 3817 |
certifiedpersonnel issued a permit by the department of health | 3818 |
| authorizing an analysis as described in this division that | 3819 |
|
contains an analysis of
the whole blood, blood serum or plasma, | 3820 |
|
breath, urine, or other
bodily substance tested and that contains | 3821 |
|
all of the information
specified in this division shall be | 3822 |
|
admitted as prima-facie
evidence of the information and statements | 3823 |
|
that the report
contains. The laboratory report shall contain all | 3824 |
|
of the
following: | 3825 |
| (2) Notwithstanding any other provision of law regarding the | 3843 |
|
admission of
evidence, a report of the type described
in division | 3844 |
|
(E)(1) of this section is not admissible against the
defendant to | 3845 |
|
whom
it pertains in any proceeding, other than a preliminary | 3846 |
|
hearing or a grand
jury proceeding, unless the prosecutor
has | 3847 |
|
served a
copy of the report on the defendant's attorney or, if the | 3848 |
|
defendant has no attorney, on the defendant. | 3849 |
| (3) A report of the type described in division (E)(1) of
this | 3850 |
|
section shall not be prima-facie evidence of the contents, | 3851 |
|
identity, or amount
of any substance if, within seven days after | 3852 |
|
the
defendant to whom the report pertains or the defendant's | 3853 |
|
attorney
receives a copy of the report, the defendant or the | 3854 |
|
defendant's
attorney demands the testimony of the person who | 3855 |
|
signed the
report. The judge in the case may extend the seven-day | 3856 |
|
time limit
in the interest of justice. | 3857 |
| (F) Except as otherwise provided in this division, any | 3858 |
|
physician, registered nurse, or qualified
technician, chemist,
or | 3859 |
|
phlebotomist who
withdraws blood from a person pursuant
to this | 3860 |
|
section, and any hospital, first-aid station, or clinic
at which | 3861 |
|
blood is withdrawn from a person pursuant to this
section, is | 3862 |
|
immune from criminal liability and
civil
liability
based upon a | 3863 |
|
claim of assault and battery or
any other
claim that is not
a | 3864 |
|
claim
of malpractice, for any
act performed in withdrawing blood | 3865 |
|
from
the person.
The immunity
provided in this division is not | 3866 |
|
available to a
person who
withdraws blood if the person engages in | 3867 |
|
willful or wanton
misconduct. | 3868 |
| (G)(1) Whoever violates any provision of divisions
(A)(1)(a) | 3869 |
| to
(i) or (A)(2) of this section is
guilty of
operating a vehicle | 3870 |
| under the
influence of alcohol, a drug of abuse, or a
combination | 3871 |
| of them.
Whoever violates division (A)(1)(j) of this section is | 3872 |
| guilty of operating a vehicle while under the influence of a | 3873 |
| listed controlled substance or a listed metabolite of a controlled | 3874 |
| substance. The court shall sentence the offender for either | 3875 |
| offense under
Chapter 2929. of the
Revised Code, except as | 3876 |
| otherwise
authorized or required by
divisions (G)(1)(a)
to (e)
of | 3877 |
| this section: | 3878 |
| (i)
If the sentence is being imposed for a violation of | 3883 |
division
(A)(1)(a), (b), (c), (d), or (e), or (j) of this section, | 3884 |
| a
mandatory jail term
of three consecutive days. As used in
this | 3885 |
|
division, three consecutive days means seventy-two consecutive | 3886 |
|
hours.
The court
may sentence an offender to both an
intervention | 3887 |
|
program and a jail term. The court may impose a jail
term in | 3888 |
|
addition to the three-day mandatory jail term or intervention | 3889 |
|
program. However,
in no case shall the cumulative jail term | 3890 |
|
imposed for the offense
exceed six months. | 3891 |
| The court may suspend the execution of the
three-day jail | 3892 |
|
term under this division if the court, in lieu of that
suspended | 3893 |
|
term, places the offender under a community control sanction | 3894 |
| pursuant to section 2929.25 of the Revised Code and requires the | 3895 |
| offender
to
attend, for three consecutive days, a
drivers' | 3896 |
| intervention
program certified under section 3793.10 of the | 3897 |
| Revised Code.
The
court also may suspend the execution of any | 3898 |
| part of the
three-day
jail term under this division if it places | 3899 |
| the offender under a community control sanction pursuant to | 3900 |
| section 2929.25 of the Revised Code for part of the three days, | 3901 |
| requires the offender to
attend for the suspended part of the term | 3902 |
| a drivers' intervention
program so certified, and sentences the | 3903 |
| offender to a jail term
equal to the remainder of the three | 3904 |
| consecutive days that the
offender does not spend attending the | 3905 |
| program. The court may
require the offender, as a condition of | 3906 |
| community control and in addition
to the required attendance at a | 3907 |
| drivers' intervention program, to
attend and satisfactorily | 3908 |
| complete any treatment or education
programs that comply with the | 3909 |
| minimum standards adopted pursuant
to Chapter 3793. of the Revised | 3910 |
| Code by the director of alcohol
and drug addiction services that | 3911 |
| the operators of the drivers'
intervention program determine that | 3912 |
| the offender should attend and
to report periodically to the court | 3913 |
| on the offender's progress in
the programs. The court also may | 3914 |
| impose on the offender any other
conditions of community control | 3915 |
| that it considers necessary. | 3916 |
| (ii)
If the sentence is being imposed for a violation of | 3917 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 3918 |
| section, except as
otherwise provided in
this division, a | 3919 |
| mandatory jail term of at
least three consecutive
days and a | 3920 |
| requirement that the offender
attend, for three
consecutive days, | 3921 |
| a drivers' intervention
program that is
certified pursuant to | 3922 |
| section 3793.10 of the
Revised Code. As
used in this division, | 3923 |
| three consecutive days
means seventy-two consecutive
hours. If the | 3924 |
| court determines that
the offender is not
conducive to treatment | 3925 |
| in a drivers'
intervention program, if the
offender refuses to | 3926 |
| attend a drivers'
intervention program, or if the jail at
which | 3927 |
| the offender is to
serve the jail term imposed can provide a | 3928 |
|
driver's intervention
program, the court shall sentence the | 3929 |
|
offender to a mandatory jail
term of at least six consecutive | 3930 |
|
days. | 3931 |
| The court may require the offender, under a community control | 3932 |
| sanction imposed under section 2929.25 of the Revised Code,
to | 3933 |
| attend and satisfactorily complete any treatment or
education | 3934 |
|
programs that comply with the minimum standards adopted
pursuant | 3935 |
| to
Chapter 3793. of the Revised Code by the director of
alcohol | 3936 |
| and drug addiction services, in addition to the required | 3937 |
|
attendance at
drivers' intervention program, that the operators of | 3938 |
|
the drivers' intervention
program determine that
the offender | 3939 |
|
should attend and to report periodically to the court
on the | 3940 |
|
offender's progress in the programs. The court also may
impose
any | 3941 |
| other conditions of community control on the offender that it | 3942 |
|
considers necessary. | 3943 |
| (i)
If the sentence is being imposed for a violation of | 3958 |
division
(A)(1)(a), (b), (c), (d), or (e), or (j) of this section, | 3959 |
| a
mandatory jail term
of ten consecutive days. The court
shall | 3960 |
|
impose the ten-day mandatory jail term under this division unless, | 3961 |
|
subject to division (G)(3) of this section, it instead
imposes a | 3962 |
|
sentence under that division consisting of both a jail term and a | 3963 |
|
term of
house arrest with electronic monitoring, with continuous | 3964 |
| alcohol monitoring, or with both electronic monitoring and | 3965 |
| continuous alcohol monitoring. The court may
impose a
jail term in | 3966 |
| addition to the
ten-day mandatory jail term.
The
cumulative jail | 3967 |
|
term imposed for the offense shall not exceed
six
months. | 3968 |
| In addition to the jail term or the term of house arrest with | 3969 |
| electronic monitoring or continuous alcohol monitoring or both | 3970 |
| types of monitoring and jail term, the court may require the | 3971 |
|
offender
to attend a drivers' intervention program that is | 3972 |
|
certified pursuant to
section 3793.10 of the Revised Code. If the | 3973 |
|
operator of the
program determines that the offender is alcohol | 3974 |
|
dependent, the
program shall notify the court, and, subject to | 3975 |
|
division (I) of
this section, the court shall order the offender | 3976 |
|
to obtain treatment through
an alcohol and drug
addiction program | 3977 |
|
authorized by section 3793.02 of the Revised
Code. | 3978 |
| (ii)
If the sentence is being imposed for a violation of | 3979 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 3980 |
| section, except as
otherwise provided in
this division, a | 3981 |
| mandatory jail term of
twenty consecutive days. The court
shall | 3982 |
| impose the twenty-day
mandatory jail term under
this division | 3983 |
| unless, subject to
division (G)(3) of this section,
it instead | 3984 |
| imposes a sentence
under that division
consisting of both a jail | 3985 |
| term and a term of
house arrest with electronic monitoring, with | 3986 |
| continuous alcohol monitoring, or with both electronic monitoring | 3987 |
| and continuous alcohol monitoring. The court may impose a
jail | 3988 |
| term in
addition to the twenty-day
mandatory jail term. The | 3989 |
|
cumulative
jail term imposed for the offense shall
not exceed six | 3990 |
|
months. | 3991 |
| In addition to the jail term or the term of house arrest with | 3992 |
| electronic monitoring or continuous alcohol monitoring or both | 3993 |
| types of monitoring and jail term, the court may require the | 3994 |
|
offender
to attend a driver's intervention program that is | 3995 |
|
certified pursuant to
section 3793.10 of the Revised Code. If the | 3996 |
|
operator of the
program determines that the offender is alcohol | 3997 |
|
dependent, the
program shall notify the court, and, subject to | 3998 |
|
division (I) of
this section, the court shall order the offender | 3999 |
|
to obtain
treatment through an alcohol and drug addiction program | 4000 |
|
authorized
by section 3793.02 of the Revised Code. | 4001 |
| (iv)
In all cases, a class four license suspension of the | 4005 |
|
offender's driver's
license, commercial driver's license, | 4006 |
|
temporary instruction permit,
probationary license, or nonresident | 4007 |
|
operating privilege from the range
specified in division (A)(4) of | 4008 |
|
section 4510.02 of
the Revised Code. The court may grant limited | 4009 |
|
driving
privileges relative to the suspension under sections | 4010 |
|
4510.021 and 4510.13 of
the Revised Code. | 4011 |
| (i)
If the sentence is being imposed for a violation of | 4023 |
division
(A)(1)(a), (b), (c), (d), or (e), or (j) of this section, | 4024 |
| a
mandatory jail term
of thirty consecutive days. The court
shall | 4025 |
|
impose the thirty-day mandatory jail term under this division | 4026 |
|
unless, subject to division (G)(3) of this section, it
instead | 4027 |
|
imposes a sentence under that division consisting of both a jail | 4028 |
|
term and a term of
house arrest with electronic monitoring, with | 4029 |
| continuous alcohol monitoring, or with both electronic monitoring | 4030 |
| and continuous alcohol monitoring. The
court may impose a
jail | 4031 |
| term in addition to the
thirty-day
mandatory jail term. | 4032 |
|
Notwithstanding the jail terms
set
forth in sections 2929.21 to | 4033 |
| 2929.28 of the Revised Code, the additional
jail
term shall not | 4034 |
|
exceed one year, and the cumulative jail term
imposed
for the | 4035 |
|
offense shall not exceed
one year. | 4036 |
| (ii)
If the sentence is being imposed for a violation of | 4037 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 4038 |
| section, a mandatory
jail term of
sixty
consecutive days. The | 4039 |
| court shall impose the
sixty-day mandatory jail
term under this | 4040 |
| division unless, subject
to division (G)(3)
of this section, it | 4041 |
| instead imposes a sentence
under that division
consisting of both | 4042 |
| a jail term
and a term of
house arrest with electronic monitoring, | 4043 |
| with continuous alcohol monitoring, or with both electronic | 4044 |
| monitoring and continuous alcohol monitoring. The court may impose | 4045 |
| a
jail term in
addition to the sixty-day mandatory jail term.
| 4046 |
|
Notwithstanding
the jail terms set forth in sections 2929.21 to | 4047 |
| 2929.28 of the
Revised Code, the additional jail term shall
not | 4048 |
|
exceed one year,
and the cumulative jail term imposed for the | 4049 |
|
offense
shall not
exceed one year. | 4050 |
| (iv)
In all cases, a class three license suspension of the | 4054 |
|
offender's driver's
license, commercial driver's license, | 4055 |
|
temporary instruction permit,
probationary license, or nonresident | 4056 |
|
operating privilege from the range
specified in division (A)(3) of | 4057 |
|
section 4510.02 of the
Revised Code. The court may grant limited | 4058 |
|
driving
privileges
relative to the suspension under sections | 4059 |
|
4510.021 and 4510.13 of the
Revised Code. | 4060 |
| (d)
Except as otherwise provided in division
(G)(1)(e)
of | 4070 |
|
this section, an offender who, within six
years of the offense, | 4071 |
|
previously has been
convicted of or pleaded guilty to three or
| 4072 |
| four violations of division
(A) or (B) of this section or other | 4073 |
|
equivalent offenses or an offender who, within twenty years of the | 4074 |
| offense, previously has been convicted of or pleaded guilty to | 4075 |
| five or more violations of that nature is
guilty of a felony of | 4076 |
| the fourth degree.
The court shall
sentence the offender to all of | 4077 |
| the following: | 4078 |
| (i)
If the sentence is being imposed for a violation of | 4079 |
division
(A)(1)(a), (b), (c), (d), or (e), or (j) of this section, | 4080 |
| a mandatory prison term of one, two, three, four, or five years as | 4081 |
| required by and in accordance with division (G)(2) of section | 4082 |
| 2929.13 of the Revised Code if the offender also is convicted of | 4083 |
| or also pleads guilty to a specification of the type described in | 4084 |
| section 2941.1413 of the Revised Code or, in the
discretion of
the | 4085 |
| court, either a mandatory term of local
incarceration of sixty | 4086 |
| consecutive
days in accordance with
division (G)(1) of section | 4087 |
| 2929.13 of the Revised Code or a
mandatory prison term of sixty | 4088 |
| consecutive days in
accordance
with division (G)(2) of that | 4089 |
| section if the offender is not convicted of and does not plead | 4090 |
| guilty to a specification of that type. If the
court
imposes a | 4091 |
| mandatory term of local incarceration, it may impose a
jail
term | 4092 |
| in addition to the sixty-day mandatory term, the
cumulative total | 4093 |
| of the mandatory
term and the jail term for the
offense
shall not | 4094 |
| exceed one year, and, except as provided in division (A)(1) of | 4095 |
| section 2929.13 of the Revised Code, no prison term is
authorized | 4096 |
| for the
offense. If the court imposes a mandatory
prison term, | 4097 |
| notwithstanding
division (A)(4) of section 2929.14 of
the Revised | 4098 |
|
Code, it also may sentence the offender to a definite
prison term | 4099 |
|
that shall be not less than six months and not more
than thirty | 4100 |
| months and the
prison terms shall be imposed as described
in | 4101 |
| division (G)(2) of
section 2929.13 of the Revised Code. If the | 4102 |
| court imposes a mandatory prison term or mandatory prison term and | 4103 |
| additional prison term, in addition to the term or terms so | 4104 |
| imposed, the court also may sentence the offender to a community | 4105 |
| control sanction for the offense, but the offender shall serve all | 4106 |
| of the prison terms so imposed prior to serving the community | 4107 |
| control sanction. | 4108 |
| (ii)
If the sentence is being imposed for a violation of | 4109 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 4110 |
| section, a mandatory prison term of one, two, three, four, or five | 4111 |
| years as required by and in accordance with division (G)(2) of | 4112 |
| section 2929.13 of the Revised Code if the offender also is | 4113 |
| convicted of or also pleads guilty to a specification of the type | 4114 |
| described in section 2941.1413 of the Revised Code or, in the | 4115 |
|
discretion of the
court, either a mandatory term of local | 4116 |
|
incarceration of one
hundred twenty consecutive days in accordance | 4117 |
|
with division (G)(1)
of section 2929.13 of the Revised Code or a | 4118 |
|
mandatory prison
term of one hundred twenty consecutive days in | 4119 |
|
accordance with division
(G)(2) of that section if the offender is | 4120 |
| not convicted of and does not plead guilty to a specification of | 4121 |
| that type. If the court
imposes a mandatory
term of local | 4122 |
| incarceration, it may impose a
jail term in addition to the one | 4123 |
|
hundred twenty-day mandatory
term, the cumulative total of the | 4124 |
| mandatory term
and the jail term
for
the offense shall not exceed | 4125 |
| one year, and, except as provided in division (A)(1) of section | 4126 |
| 2929.13 of the Revised Code, no prison term is
authorized for the | 4127 |
| offense. If the court imposes a mandatory
prison term, | 4128 |
| notwithstanding division (A)(4) of section 2929.14 of
the Revised | 4129 |
| Code,
it also may sentence the offender to a definite
prison term | 4130 |
| that shall be not
less than six months and not more
than thirty | 4131 |
| months and the prison terms shall
be imposed as described
in | 4132 |
| division (G)(2) of section 2929.13 of the Revised Code. If the | 4133 |
| court imposes a mandatory prison term or mandatory prison term and | 4134 |
| additional prison term, in addition to the term or terms so | 4135 |
| imposed, the court also may sentence the offender to a community | 4136 |
| control sanction for the offense, but the offender shall serve all | 4137 |
| of the prison terms so imposed prior to serving the community | 4138 |
| control sanction. | 4139 |
| (iv)
In all cases, a class two license suspension of the | 4143 |
|
offender's driver's
license, commercial driver's license, | 4144 |
|
temporary instruction permit,
probationary license, or nonresident | 4145 |
|
operating privilege from the range
specified in division (A)(2) of | 4146 |
|
section 4510.02 of the
Revised Code. The court may grant limited | 4147 |
|
driving
privileges
relative to the suspension under sections | 4148 |
|
4510.021 and 4510.13 of the
Revised Code. | 4149 |
| (i)
If the offender is being sentenced for a violation of | 4171 |
division (A)(1)(a), (b), (c), (d), or (e), or (j) of this section, | 4172 |
| a mandatory prison term of one, two, three, four, or five years as | 4173 |
| required by and in accordance with division (G)(2) of section | 4174 |
| 2929.13 of the Revised Code if the offender also is convicted of | 4175 |
| or also pleads guilty to a specification of the type described in | 4176 |
| section 2941.1413 of the Revised Code or a
mandatory
prison term | 4177 |
| of sixty consecutive days in
accordance with
division (G)(2) of | 4178 |
| section 2929.13 of the Revised Code if the offender is not | 4179 |
| convicted of and does not plead guilty to a specification of that | 4180 |
| type. The court
may impose a prison term in
addition to the | 4181 |
| mandatory
prison term. The cumulative
total of
a sixty-day | 4182 |
| mandatory prison term
and the additional prison term for the | 4183 |
| offense shall
not exceed
five years. In addition to the mandatory | 4184 |
| prison term or mandatory prison term and additional prison term | 4185 |
| the court imposes, the court also may sentence the offender to a | 4186 |
| community
control sanction for the
offense, but the offender | 4187 |
| shall serve all of the prison terms so imposed prior to serving | 4188 |
| the community control sanction. | 4189 |
| (ii)
If the sentence is being imposed for a violation of | 4190 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 4191 |
| section, a mandatory prison term of one, two, three, four, or five | 4192 |
| years as required by and in accordance with division (G)(2) of | 4193 |
| section 2929.13 of the Revised Code if the offender also is | 4194 |
| convicted of or also pleads guilty to a specification of the type | 4195 |
| described in section 2941.1413 of the Revised Code or a mandatory | 4196 |
|
prison term of
one
hundred twenty consecutive days in accordance | 4197 |
|
with division (G)(2)
of section 2929.13 of the Revised Code if the | 4198 |
| offender is not convicted of and does not plead guilty to a | 4199 |
| specification of that type. The
court may
impose a prison term in | 4200 |
| addition to the mandatory
prison term. The cumulative total of a | 4201 |
| one hundred twenty-day
mandatory prison term and
the additional | 4202 |
| prison term for the
offense shall not exceed five
years. In | 4203 |
| addition to the mandatory prison term or mandatory prison term and | 4204 |
| additional prison term the court imposes, the court also may | 4205 |
| sentence the offender to a community
control sanction for the | 4206 |
|
offense, but the offender shall serve all of the prison terms so | 4207 |
| imposed prior to serving the community control sanction. | 4208 |
| (iv)
In all cases, a class two license suspension of the | 4212 |
|
offender's driver's
license, commercial driver's license, | 4213 |
|
temporary instruction permit,
probationary license, or nonresident | 4214 |
|
operating privilege from the range
specified in division (A)(2) of | 4215 |
|
section 4510.02 of the
Revised Code. The court may grant limited | 4216 |
|
driving
privileges
relative to the suspension under sections | 4217 |
|
4510.021 and 4510.13 of the
Revised Code. | 4218 |
| (3) If an offender is sentenced to a jail term under
division | 4235 |
|
(G)(1)(b)(i)
or (ii)
or
(G)(1)(c)(i)
or (ii)
of this
section and | 4236 |
| if,
within sixty days of
sentencing of the offender,
the court | 4237 |
| issues a written finding on the record
that, due to the | 4238 |
|
unavailability of space at the
jail where the offender is required | 4239 |
|
to serve the term, the offender will not
be able to begin serving | 4240 |
|
that term within the
sixty-day period following the date of | 4241 |
|
sentencing, the court may
impose an alternative sentence under | 4242 |
|
this division that includes a
term of house arrest with electronic | 4243 |
| monitoring, with continuous alcohol monitoring, or with both | 4244 |
| electronic monitoring and continuous alcohol monitoring. | 4245 |
| As an alternative to a mandatory jail term of ten consecutive | 4246 |
|
days
required by division (G)(1)(b)(i) of this
section, the court, | 4247 |
|
under this division, may sentence the
offender to five consecutive | 4248 |
|
days in jail and not less than eighteen consecutive days of house | 4249 |
| arrest with electronic monitoring, with continuous alcohol | 4250 |
| monitoring, or with both electronic monitoring and continuous | 4251 |
| alcohol monitoring. The cumulative total of
the five consecutive | 4252 |
| days in
jail and the period of house arrest with electronic | 4253 |
| monitoring, continuous alcohol monitoring, or both types of | 4254 |
| monitoring shall
not exceed six months. The five
consecutive days | 4255 |
| in jail do not
have to be served prior to or
consecutively to the | 4256 |
| period of house
arrest. | 4257 |
| As an alternative to the mandatory jail term of twenty | 4258 |
|
consecutive
days required by division (G)(1)(b)(ii)
of
this | 4259 |
|
section, the
court, under this division, may sentence the offender | 4260 |
|
to ten consecutive days
in jail and not less than thirty-six | 4261 |
|
consecutive days of
house arrest with electronic monitoring, with | 4262 |
| continuous alcohol monitoring, or with both electronic monitoring | 4263 |
| and continuous alcohol monitoring. The
cumulative total of the ten | 4264 |
| consecutive days in
jail and the
period of house arrest with | 4265 |
| electronic monitoring, continuous alcohol monitoring, or both | 4266 |
| types of monitoring shall
not exceed
six months. The ten | 4267 |
| consecutive days in jail do not
have to be
served prior to or | 4268 |
| consecutively to the period of house
arrest. | 4269 |
| As an alternative to a mandatory jail term of thirty | 4270 |
|
consecutive
days required by division (G)(1)(c)(i) of
this | 4271 |
|
section, the court,
under this division, may sentence the offender | 4272 |
|
to fifteen consecutive days in
jail and not less than fifty-five | 4273 |
|
consecutive days of house arrest with electronic monitoring, with | 4274 |
| continuous alcohol monitoring, or with both electronic monitoring | 4275 |
| and continuous alcohol monitoring. The
cumulative total of the | 4276 |
| fifteen
consecutive days in jail and the
period of house arrest | 4277 |
| with electronic monitoring, continuous alcohol monitoring, or both | 4278 |
| types of monitoring shall not exceed
one year. The fifteen | 4279 |
|
consecutive days in jail
do not have to be
served prior to or | 4280 |
|
consecutively to the period of house arrest. | 4281 |
| As an alternative to the mandatory jail term of sixty | 4282 |
|
consecutive
days required by division (G)(1)(c)(ii)
of
this | 4283 |
|
section, the
court, under this division, may sentence the offender | 4284 |
|
to thirty
consecutive days in jail and not less than one hundred | 4285 |
|
ten
consecutive days of house arrest with electronic monitoring, | 4286 |
with continuous elcoholalcohol monitoring, or with both | 4287 |
| electronic monitoring and continuous alcohol monitoring.
The | 4288 |
|
cumulative total of the thirty consecutive days in jail and
the | 4289 |
|
period of house arrest with electronic monitoring, continuous | 4290 |
| alcohol monitoring, or both types of monitoring shall not
exceed | 4291 |
|
one year. The thirty consecutive days in jail do not have
to be | 4292 |
|
served prior to or consecutively to the period of house
arrest. | 4293 |
| (4) If an offender's driver's or occupational driver's | 4294 |
|
license or
permit or nonresident operating privilege is suspended | 4295 |
|
under division
(G) of this
section and if section 4510.13 of the | 4296 |
|
Revised Code permits the
court to grant limited driving | 4297 |
|
privileges, the court may
grant the limited driving privileges
in | 4298 |
| accordance with that section. If division (A)(7) of that section | 4299 |
| requires that the court impose as a condition of the
privileges | 4300 |
| that the
offender must display on the vehicle that is
driven | 4301 |
| subject to the privileges
restricted license plates that
are | 4302 |
| issued under section 4503.231 of the Revised Code, except
as | 4303 |
|
provided in division (B) of that section, the court shall impose | 4304 |
| that condition as one of the conditions of the limited driving | 4305 |
| privileges granted to the offender, except as provided in division | 4306 |
| (B) of section 4503.231 of the Revised Code. | 4307 |
| (a)
Twenty-five dollars of the fine imposed under division | 4310 |
|
(G)(1)(a)(iii), thirty-five
dollars of the fine imposed under | 4311 |
|
division
(G)(1)(b)(iii), one
hundred twenty-three dollars of the | 4312 |
|
fine imposed under division
(G)(1)(c)(iii),
and two hundred
ten | 4313 |
|
dollars of the fine imposed under division
(G)(1)(d)(iii) or | 4314 |
|
(e)(iii)
of this section shall be paid to an enforcement
and | 4315 |
|
education fund established by the legislative authority of the law | 4316 |
|
enforcement
agency in this state that primarily was responsible | 4317 |
|
for the arrest of the
offender, as determined by the court that | 4318 |
|
imposes the fine. The agency shall
use this share to pay only | 4319 |
|
those costs it incurs in
enforcing this section or a municipal OVI | 4320 |
|
ordinance
and in informing the public of the laws governing the | 4321 |
|
operation of
a vehicle while under the influence of alcohol, the | 4322 |
|
dangers of
the operation of a vehicle under the influence of | 4323 |
|
alcohol, and other
information relating to the operation of a | 4324 |
|
vehicle under the influence of
alcohol and the consumption of | 4325 |
|
alcoholic beverages. | 4326 |
| (b)
Fifty dollars of the fine imposed under division | 4327 |
|
(G)(1)(a)(iii)
of
this section shall be paid to the political | 4328 |
|
subdivision that pays the cost of
housing the offender during the | 4329 |
|
offender's term of incarceration. If the
offender is being | 4330 |
sentenced for a violation of division (A)(1)(a), (b), (c), (d), or | 4331 |
| (e), or (j) of this section and was confined as a result of the | 4332 |
|
offense
prior to being
sentenced for the offense but is not | 4333 |
| sentenced to a
term of incarceration, the
fifty dollars shall
be | 4334 |
| paid to the
political subdivision that paid the cost of housing | 4335 |
|
the offender
during that period of confinement. The political | 4336 |
| subdivision
shall use the share under this division to pay or | 4337 |
|
reimburse
incarceration or treatment costs it incurs in housing or | 4338 |
|
providing
drug and alcohol treatment to persons who violate this | 4339 |
|
section or
a municipal OVI ordinance, costs of any immobilizing or | 4340 |
|
disabling
device used on the offender's vehicle, and costs of | 4341 |
| electronic
house
arrest equipment
needed for persons who violate | 4342 |
| this
section. | 4343 |
| (d)
One hundred fifteen dollars of the fine imposed under | 4351 |
|
division
(G)(1)(b)(iii),
two hundred seventy-seven
dollars of the | 4352 |
|
fine imposed under division
(G)(1)(c)(iii),
and four hundred forty | 4353 |
|
dollars of the fine imposed under division
(G)(1)(d)(iii) or | 4354 |
|
(e)(iii)
of this section shall be paid to the political | 4355 |
|
subdivision
that pays the cost of housing the offender during the | 4356 |
|
offender's term of
incarceration. The political subdivision shall | 4357 |
|
use
this share to pay or reimburse incarceration or treatment | 4358 |
|
costs it incurs in
housing or providing drug and alcohol treatment | 4359 |
|
to persons who
violate this section or a municipal OVI ordinance, | 4360 |
|
costs for any
immobilizing or disabling device used on the | 4361 |
|
offender's vehicle, and costs of electronic house arrest equipment | 4362 |
|
needed for
persons who violate this section. | 4363 |
| (6) If title to a motor vehicle that is subject to an order | 4367 |
|
of criminal forfeiture under division (G)(1)(c), (d), or (e) of | 4368 |
|
this section is assigned or transferred and division (B)(2) or (3) | 4369 |
|
of section 4503.234 of the Revised Code applies, in addition to or | 4370 |
|
independent of any other penalty established by law, the court may | 4371 |
|
fine the offender the value of the vehicle as determined by | 4372 |
|
publications of the national auto dealers association. The | 4373 |
|
proceeds of any fine so imposed shall be distributed in accordance | 4374 |
|
with division (C)(2) of that section. | 4375 |
| (1) Except as otherwise provided in division (H)(2) of this | 4383 |
|
section, the offender is guilty of a misdemeanor of the fourth | 4384 |
|
degree. In
addition to any other sanction imposed for the
offense, | 4385 |
| the court shall impose a class six suspension of the
offender's | 4386 |
|
driver's license, commercial driver's license,
temporary | 4387 |
| instruction permit,
probationary license, or nonresident
operating | 4388 |
| privilege from the range
specified in division (A)(6) of
section | 4389 |
|
4510.02 of the Revised Code. | 4390 |
| (2) If, within one year of the offense, the offender | 4391 |
|
previously
has been convicted of or pleaded guilty to one or more | 4392 |
|
violations of
division (A) or (B) of this section or other | 4393 |
equivalent
offenseoffenses, the
offender is guilty of a | 4394 |
|
misdemeanor of the third degree. In addition to any
other
sanction | 4395 |
| imposed
for the offense, the court shall impose a class
four | 4396 |
| suspension of the
offender's driver's license, commercial
driver's | 4397 |
| license, temporary
instruction permit, probationary
license, or | 4398 |
| nonresident operating privilege
from the range
specified in | 4399 |
| division (A)(4) of
section 4510.02 of the Revised
Code. | 4400 |
| (2) Any person who operates a vehicle, streetcar, or | 4461 |
|
trackless trolley upon
a highway or any public or private property | 4462 |
|
used by the public
for vehicular travel or parking within this | 4463 |
|
state
or who is in physical control of a vehicle,
streetcar, or | 4464 |
|
trackless trolley shall be deemed
to have given
consent to a | 4465 |
|
chemical test or tests of the
person's
whole blood,
blood serum or | 4466 |
|
plasma, breath, or urine
to
determine the alcohol,
drug of abuse, | 4467 |
| controlled substance, metabolite of a controlled substance, or | 4468 |
alcohol and drugcombination
content of the
person's
whole blood, | 4469 |
|
blood serum
or plasma,
breath, or urine
if
arrested
for
a | 4470 |
|
violation of
division (A) or
(B) of
section 4511.19 of the Revised | 4471 |
|
Code,
section 4511.194 of
the
Revised Code or a substantially | 4472 |
| equivalent municipal ordinance, or a municipal OVI
ordinance. | 4473 |
| (3) The chemical test or tests
under division (A)(2) of this | 4474 |
|
section shall be
administered at the request of a
law
enforcement | 4475 |
|
officer having reasonable
grounds to believe the
person
was | 4476 |
|
operating
or in physical control of a
vehicle,
streetcar, or | 4477 |
|
trackless trolley in
violation of a division,
section, or | 4478 |
|
ordinance identified in
division (A)(2) of this
section. The law | 4479 |
|
enforcement agency by
which the
officer is
employed shall | 4480 |
|
designate which of the tests
shall be
administered. | 4481 |
| (B)(1) Upon receipt of the sworn report of
a
law
enforcement | 4487 |
|
officer
who arrested a person for a violation of
division (A) or | 4488 |
| (B) of section 4511.19 of the Revised Code,
section 4511.194 of | 4489 |
| the Revised Code or a substantially equivalent municipal | 4490 |
| ordinance, or a municipal OVI ordinance
that was completed and | 4491 |
| sent to the registrar and a court pursuant
to
section
4511.192 of | 4492 |
| the
Revised Code in regard to a
person who
refused to take the | 4493 |
|
designated chemical test, the
registrar shall
enter into the | 4494 |
|
registrar's records the fact
that the person's
driver's or | 4495 |
|
commercial driver's license or permit or nonresident
operating | 4496 |
|
privilege was suspended by the arresting officer under
this | 4497 |
|
division and that section and the period of the
suspension,
as | 4498 |
| determined under
this
section. The suspension shall be
subject to | 4499 |
| appeal as
provided in
section
4511.197 of the Revised
Code. The | 4500 |
| suspension
shall be for whichever of the
following
periods | 4501 |
| applies: | 4502 |
| (2)
The registrar shall terminate a suspension of the | 4524 |
|
driver's or commercial driver's license
or permit of a resident or | 4525 |
|
of the operating privilege of a nonresident, or a
denial of a | 4526 |
|
driver's or commercial
driver's license or permit, imposed | 4527 |
|
pursuant to division (B)(1) of
this
section upon receipt of notice | 4528 |
|
that the person has entered a
plea of guilty to, or that the | 4529 |
| person has been
convicted after entering a plea of no contest to, | 4530 |
| operating a vehicle in violation
of section 4511.19
of
the Revised | 4531 |
| Code or in violation of a municipal
OVI ordinance,
if the offense | 4532 |
| for which the conviction is had or
the
plea is
entered arose from | 4533 |
| the same incident that led to the suspension or
denial. | 4534 |
| (C)(1) Upon receipt of the sworn report of the
law | 4542 |
|
enforcement
officer
who arrested a person for a violation of | 4543 |
|
division (A) or
(B) of section 4511.19 of the Revised Code or a | 4544 |
|
municipal OVI
ordinance that was completed and sent to the | 4545 |
|
registrar and a court
pursuant
to
section
4511.192 of the Revised | 4546 |
| Code in regard to a
person
whose test
results indicate that the | 4547 |
| person's
whole blood,
blood
serum or
plasma, breath, or urine | 4548 |
|
contained
at least the
concentration
of
alcohol
specified in | 4549 |
|
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the | 4550 |
|
Revised Code or at least the concentration of a listed controlled | 4551 |
| substance or a listed metabolite of a controlled substance | 4552 |
| specified in division (A)(1)(j) of section 4511.19 of the Revised | 4553 |
| Code, the registrar
shall
enter into the registrar's
records the | 4554 |
| fact that the
person's
driver's or
commercial
driver's
license or | 4555 |
| permit or
nonresident
operating privilege was
suspended
by the | 4556 |
| arresting
officer under
this
division
and section
4511.192 of the | 4557 |
| Revised Code and the
period of the
suspension, as
determined
under | 4558 |
| divisions (F)(1) to
(4) of this
section. The
suspension
shall be | 4559 |
| subject to appeal as
provided in
section
4511.197 of the Revised | 4560 |
| Code. The
suspension
described in
this division does not apply to, | 4561 |
| and shall
not be
imposed upon, a
person arrested for a violation | 4562 |
| of section
4511.194
of the Revised
Code or a substantially | 4563 |
| equivalent municipal ordinance who submits to a designated | 4564 |
| chemical
test.
The
suspension
shall
be for whichever of the | 4565 |
| following
periods
applies: | 4566 |
| (2) The registrar shall terminate a suspension of the | 4590 |
|
driver's or
commercial driver's license
or permit of a resident or | 4591 |
|
of the
operating privilege of a nonresident,
or a denial of a | 4592 |
|
driver's or
commercial driver's license or permit, imposed | 4593 |
|
pursuant to
division (C)(1) of this section
upon receipt of notice | 4594 |
|
that the
person has entered a plea of guilty to, or that the | 4595 |
| person has
been
convicted after entering a plea of no contest to, | 4596 |
|
operating
a vehicle in violation of section 4511.19
of the Revised | 4597 |
|
Code or
in violation of a municipal OVI ordinance,
if the
offense | 4598 |
|
for which the conviction is had or the plea is
entered arose from | 4599 |
|
the same incident that led to the suspension or
denial. | 4600 |
| (D)(1) A suspension of a person's driver's or commercial | 4608 |
|
driver's license or permit or nonresident operating privilege | 4609 |
|
under
this section for the
time
described in division
(B) or
(C) | 4610 |
|
of this section is
effective
immediately from the time at which | 4611 |
|
the arresting officer
serves
the notice of suspension upon the | 4612 |
|
arrested person. Any
subsequent finding that the person is not | 4613 |
|
guilty of the charge
that resulted in the person being requested | 4614 |
|
to take
the chemical test or tests under division (A) of
this | 4615 |
|
section
does not affect the suspension. | 4616 |
| (2) If a person is arrested for operating a vehicle, | 4617 |
|
streetcar, or trackless trolley in violation of division (A) or | 4618 |
|
(B) of section 4511.19 of the Revised Code or a municipal OVI | 4619 |
|
ordinance, or for being in physical control of a
vehicle, | 4620 |
|
streetcar, or trackless trolley in violation of section
4511.194 | 4621 |
|
of the
Revised Code or a substantially equivalent municipal | 4622 |
| ordinance,
regardless of whether the person's
driver's
or | 4623 |
|
commercial
driver's license or permit or nonresident
operating | 4624 |
|
privilege is
or is not suspended under division
(B)
or
(C)
of this | 4625 |
|
section
or Chapter 4510. of the Revised Code,
the person's
initial | 4626 |
|
appearance on the charge resulting from the
arrest shall
be held | 4627 |
|
within five days of the person's arrest or
the issuance of
the | 4628 |
|
citation to the person, subject to any
continuance
granted by
the | 4629 |
|
court pursuant to
section
4511.197 of
the Revised Code
regarding | 4630 |
|
the issues
specified in that division. | 4631 |
| (F) At the end of a suspension period under this section, | 4639 |
|
under section 4511.194,
section 4511.196, or division
(G) of | 4640 |
|
section
4511.19 of the
Revised Code, or under section
4510.07 of | 4641 |
|
the
Revised Code for a violation of a municipal OVI
ordinance and | 4642 |
|
upon
the request of the person whose driver's or
commercial | 4643 |
|
driver's
license or permit was suspended and who is
not
otherwise | 4644 |
|
subject
to suspension,
cancellation, or
disqualification, the | 4645 |
|
registrar shall return the driver's or
commercial driver's license | 4646 |
|
or permit to the person upon the
occurrence of all of the | 4647 |
|
conditions
specified in divisions
(F)(1) and (2)
of this section: | 4648 |
| (a) One hundred twelve dollars and fifty
cents shall be | 4661 |
|
credited to the statewide
treatment and prevention fund created by | 4662 |
|
section 4301.30 of the Revised Code.
The fund shall be
used to | 4663 |
|
pay the costs of driver treatment and
intervention programs | 4664 |
|
operated pursuant to sections 3793.02 and
3793.10 of the Revised | 4665 |
|
Code. The director of alcohol and drug
addiction services shall | 4666 |
|
determine the share of the fund that is
to be allocated to alcohol | 4667 |
|
and drug addiction programs authorized
by section 3793.02 of the | 4668 |
|
Revised Code, and the share of the fund
that is to be allocated to | 4669 |
|
drivers' intervention programs
authorized by section 3793.10 of | 4670 |
|
the Revised Code. | 4671 |
| (c) Thirty-seven dollars and fifty cents
shall be credited
to | 4674 |
| the indigent
drivers alcohol treatment fund, which is hereby | 4675 |
|
established. Except as
otherwise provided in division
(F)(2)(c)
of | 4676 |
| this section, moneys in the fund shall be
distributed by the | 4677 |
|
department of alcohol and drug addiction
services to the county | 4678 |
|
indigent drivers alcohol
treatment funds,
the county juvenile | 4679 |
|
indigent drivers alcohol treatment funds,
and
the municipal | 4680 |
|
indigent drivers alcohol treatment funds that are
required to be | 4681 |
|
established by counties and municipal corporations
pursuant
to | 4682 |
|
this section, and shall be used only
to pay
the cost of an alcohol | 4683 |
|
and drug addiction treatment program
attended by an offender or | 4684 |
|
juvenile traffic offender who is
ordered to attend an alcohol and | 4685 |
|
drug addiction treatment program
by a county, juvenile, or | 4686 |
|
municipal court judge and who is
determined by the county, | 4687 |
|
juvenile, or municipal court judge not
to have the means to pay | 4688 |
|
for
the person's attendance at the
program or to pay the costs | 4689 |
|
specified in division
(H)(4) of
this section in accordance with | 4690 |
|
that
division. In addition, a county, juvenile, or municipal court | 4691 |
| judge may use moneys in the county indigent drivers alcohol | 4692 |
| treatment fund, county juvenile indigent drivers alcohol treatment | 4693 |
| fund, or municipal indigent drivers alcohol treatment fund to pay | 4694 |
| for the cost of the continued use of an electronic continuous | 4695 |
| alcohol monitoring device as described in divisions (H)(3) and (4) | 4696 |
| of this section. Moneys in the fund
that are not
distributed to a | 4697 |
|
county indigent drivers alcohol
treatment fund,
a county juvenile | 4698 |
|
indigent drivers alcohol
treatment fund, or a
municipal indigent | 4699 |
|
drivers alcohol treatment
fund under division
(H) of this section | 4700 |
|
because the director of
alcohol and drug addiction
services does | 4701 |
|
not have the information
necessary to identify the county or | 4702 |
|
municipal corporation where
the offender or juvenile offender was | 4703 |
|
arrested may
be transferred
by the director of budget and | 4704 |
|
management to the
statewide
treatment and prevention
fund created | 4705 |
|
by section
4301.30 of the
Revised Code, upon certification of the | 4706 |
|
amount by the director
of
alcohol and drug
addiction services. | 4707 |
| (3) If a person's driver's or commercial driver's license or | 4726 |
|
permit is suspended under
this
section,
under section 4511.196 or | 4727 |
|
division
(G) of section
4511.19 of the Revised Code,
under
section | 4728 |
| 4510.07 of the Revised
Code for a violation of a municipal
OVI | 4729 |
| ordinance or
under any
combination of the
suspensions
described in | 4730 |
| division
(F)(3) of
this section, and if the
suspensions arise from | 4731 |
| a single incident
or a single set of facts
and
circumstances, the | 4732 |
| person is liable
for payment of, and shall
be required to
pay to | 4733 |
| the bureau, only
one reinstatement fee of
four hundred
twenty-five | 4734 |
|
dollars.
The
reinstatement fee shall be
distributed by the bureau | 4735 |
| in
accordance
with division
(F)(2) of
this section. | 4736 |
| (4) The attorney general shall use amounts in the drug abuse | 4737 |
|
resistance education programs fund to award grants to law | 4738 |
|
enforcement agencies to establish and implement drug abuse | 4739 |
|
resistance education programs in public schools. Grants awarded
to | 4740 |
| a law enforcement agency under
this
section shall be used by
the | 4741 |
| agency to pay for not more than
fifty
per cent of the amount
of | 4742 |
| the salaries of law enforcement
officers
who conduct drug abuse | 4743 |
|
resistance education programs in
public
schools. The attorney | 4744 |
|
general shall not use more than six
per
cent of the amounts the | 4745 |
|
attorney general's office
receives under
division
(F)(2)(e) of | 4746 |
|
this section to pay the costs it incurs
in
administering the grant | 4747 |
|
program established by division
(F)(2)(e)
of this section and in | 4748 |
|
providing training and
materials relating
to drug abuse resistance | 4749 |
|
education programs. | 4750 |
| (G) Suspension of a commercial driver's license under | 4756 |
|
division
(B) or
(C) of this section shall be concurrent with
any | 4757 |
|
period of disqualification under section 3123.611 or
4506.16
of | 4758 |
|
the Revised Code or any period of suspension under section
3123.58 | 4759 |
|
of the Revised Code. No person who is disqualified for
life from | 4760 |
|
holding a
commercial driver's license under section
4506.16 of the | 4761 |
|
Revised
Code shall be issued a driver's license
under Chapter | 4762 |
|
4507. of
the Revised Code during the period for
which the | 4763 |
|
commercial
driver's license was suspended under division
(B) or | 4764 |
|
(C) of this
section. No person whose
commercial driver's license | 4765 |
|
is
suspended under division
(B) or
(C) of this section shall be | 4766 |
|
issued a driver's license under
Chapter 4507. of the Revised Code | 4767 |
|
during the period
of
the suspension. | 4768 |
| (H)(1) Each county shall establish an indigent drivers | 4769 |
|
alcohol treatment fund, each county shall establish a juvenile | 4770 |
|
indigent drivers alcohol treatment fund, and each municipal | 4771 |
|
corporation in which there is a municipal court shall establish
an | 4772 |
|
indigent drivers alcohol treatment fund. All revenue that the | 4773 |
|
general assembly appropriates to the indigent drivers alcohol | 4774 |
|
treatment fund for transfer to a county indigent drivers alcohol | 4775 |
|
treatment fund, a county juvenile indigent drivers alcohol | 4776 |
|
treatment fund, or a municipal indigent drivers alcohol treatment | 4777 |
|
fund, all portions of fees that are paid under division (F) of | 4778 |
|
this section and that are credited under that division to the | 4779 |
|
indigent drivers alcohol treatment fund in the state treasury for | 4780 |
|
a county indigent drivers alcohol treatment fund, a county | 4781 |
|
juvenile indigent drivers alcohol treatment fund, or a municipal | 4782 |
|
indigent drivers alcohol treatment fund, and all portions of
fines | 4783 |
|
that are specified for deposit into a county or municipal
indigent | 4784 |
|
drivers alcohol treatment fund by section 4511.193 of
the Revised | 4785 |
|
Code shall be deposited into that county indigent
drivers alcohol | 4786 |
|
treatment fund, county juvenile indigent drivers
alcohol treatment | 4787 |
|
fund, or municipal indigent drivers alcohol
treatment fund in | 4788 |
|
accordance with division
(H)(2) of this
section. Additionally,
all | 4789 |
| portions of fines that are paid for a
violation of section
4511.19 | 4790 |
| of the Revised Code or
of any prohibition contained in
Chapter | 4791 |
| 4510. of the Revised Code,
and that are
required under
section
| 4792 |
|
4511.19 or
any
provision of Chapter 4510. of the Revised
Code to | 4793 |
| be
deposited
into a county indigent drivers alcohol
treatment fund | 4794 |
|
or municipal
indigent drivers alcohol treatment
fund shall be | 4795 |
|
deposited into
the appropriate fund in accordance
with the | 4796 |
|
applicable division. | 4797 |
| (3) Expenditures from a county indigent drivers alcohol | 4832 |
|
treatment fund, a county juvenile indigent drivers alcohol | 4833 |
|
treatment fund, or a municipal indigent drivers alcohol treatment | 4834 |
|
fund shall be made only upon the order of a county, juvenile, or | 4835 |
|
municipal court judge and only for payment of the cost of the | 4836 |
|
attendance at an alcohol and drug addiction treatment program of
a | 4837 |
|
person who is convicted of, or found to be a juvenile traffic | 4838 |
|
offender by reason of, a violation of division (A) of section | 4839 |
|
4511.19 of the Revised Code or a substantially similar municipal | 4840 |
|
ordinance, who is ordered by the court to attend the alcohol and | 4841 |
|
drug addiction treatment program, and who is determined by the | 4842 |
|
court to be unable to pay the cost of attendance at the
treatment | 4843 |
|
program or for payment of the costs specified in division
(H)(4) | 4844 |
|
of this section in accordance with that division. The
alcohol and | 4845 |
|
drug addiction services board or the board of alcohol,
drug | 4846 |
|
addiction, and
mental health services established pursuant to | 4847 |
|
section 340.02 or
340.021 of
the Revised Code and serving the | 4848 |
|
alcohol, drug addiction, and mental
health service district in | 4849 |
|
which the court is located shall
administer the indigent drivers | 4850 |
|
alcohol treatment program of the
court. When a court orders an | 4851 |
|
offender or juvenile traffic
offender to attend an alcohol and | 4852 |
|
drug addiction treatment
program, the board shall determine which | 4853 |
|
program is suitable to
meet the needs of the offender or juvenile | 4854 |
|
traffic offender, and
when a suitable program is located and space | 4855 |
|
is available at the
program, the offender or juvenile traffic | 4856 |
|
offender shall attend
the program designated by the board. A | 4857 |
|
reasonable amount not to
exceed five per cent of the amounts | 4858 |
|
credited to and deposited
into the county indigent drivers alcohol | 4859 |
|
treatment fund, the
county juvenile indigent drivers alcohol | 4860 |
|
treatment fund, or the
municipal indigent drivers alcohol | 4861 |
|
treatment fund serving every
court whose program is administered | 4862 |
|
by that board shall be paid
to the board to cover the costs it | 4863 |
|
incurs in administering those
indigent drivers alcohol treatment | 4864 |
|
programs. | 4865 |
| In addition, a county, juvenile, or municipal court judge may | 4866 |
| use moneys in the county indigent drivers alcohol treatment fund, | 4867 |
| county juvenile indigent drivers alcohol treatment fund, or | 4868 |
| municipal indigent drivers alcohol treatment fund to pay for the | 4869 |
| continued use of an electronic continuous alcohol monitoring | 4870 |
| device by an offender or juvenile traffic offender, in conjunction | 4871 |
| with a treatment program approved by the department of alcohol and | 4872 |
| drug addiction services, when such use is determined clinically | 4873 |
| necessary by the treatment program and when the court determines | 4874 |
| that the offender or juvenile traffic offender is unable to pay | 4875 |
| all or part of the daily monitoring of the device. | 4876 |
| (4) If a county, juvenile, or municipal court determines, in | 4877 |
|
consultation with the alcohol and drug addiction services board or | 4878 |
|
the board
of alcohol, drug addiction, and mental health services | 4879 |
|
established pursuant to
section 340.02 or 340.021 of the Revised | 4880 |
|
Code
and serving the alcohol, drug addiction, and
mental health | 4881 |
|
district in which the court is located, that
the funds in the | 4882 |
|
county indigent drivers alcohol treatment fund, the county | 4883 |
|
juvenile indigent drivers alcohol treatment fund, or the municipal | 4884 |
|
indigent
drivers alcohol treatment fund under the control of the | 4885 |
|
court are more than
sufficient to satisfy the purpose for which | 4886 |
|
the fund was established, as
specified in divisions
(H)(1) to
(3) | 4887 |
|
of this section, the
court may declare a surplus in the fund.
If | 4888 |
|
the court declares a surplus in
the fund, the court may expend
the | 4889 |
|
amount of the surplus in the fund for: | 4890 |
| Sec. 4511.192. (A)
The arresting law enforcement officer | 4904 |
|
shall give
advice
in
accordance with
this section to any person | 4905 |
|
under arrest
for a
violation of division (A) or (B) of section | 4906 |
|
4511.19
of the
Revised
Code, section 4511.194 of the Revised Code | 4907 |
| or a substantially equivalent municipal ordinance,
or a municipal | 4908 |
|
OVI
ordinance. The
officer shall give that advice
in
a written | 4909 |
|
form
that
contains the information described in
division (B) of | 4910 |
|
this
section and shall read the
advice to the
person. The
form | 4911 |
|
shall
contain a statement that the form was
shown to the
person | 4912 |
|
under
arrest and read to the person by the
arresting officer. One | 4913 |
|
or
more persons shall witness the
arresting officer's reading of | 4914 |
|
the
form, and
the witnesses shall
certify to this fact by signing | 4915 |
|
the
form. The person must submit to the chemical test or tests, | 4916 |
| subsequent to the request of the arresting officer, within two | 4917 |
| hours of the time of the alleged violation and, if the person does | 4918 |
| not submit to the test or tests within that two-hour time limit, | 4919 |
| the failure to submit automatically constitutes a refusal to | 4920 |
| submit to the test or tests. | 4921 |
| (B)
If a person is under arrest as described in division
(A) | 4922 |
|
of
this section, before the person may be requested to submit to a | 4923 |
chemical test
or tests to determine the alcohol
and, drug of | 4924 |
| abuse, controlled substance, metabolite of a controlled substance, | 4925 |
| or combination content
of the
person's whole blood, blood serum or | 4926 |
| plasma, breath, or urine, the
arresting officer
shall read the | 4927 |
|
following form to the person: | 4928 |
| "You now are under arrest for (specifically state the
offense | 4929 |
|
under state law or a substantially equivalent municipal ordinance | 4930 |
|
for which the person was arrested - operating a vehicle
under
the | 4931 |
|
influence of alcohol, a drug, or a combination
of them;
operating | 4932 |
| a vehicle while under the influence of a listed controlled | 4933 |
| substance or a listed metabolite of a controlled substance; | 4934 |
| operating
a vehicle after
underage alcohol consumption; or having | 4935 |
|
physical
control of a vehicle while under the influence). | 4936 |
| If you refuse to take any chemical test required
by law, your | 4937 |
|
Ohio driving privileges will be suspended immediately, and you | 4938 |
|
will have to pay a fee to have the privileges reinstated. If you | 4939 |
have a prior OVI or OVUAC conviction of OVI, OVUAC, or operating a | 4940 |
| vehicle while under the influence of a listed controlled substance | 4941 |
| or a listed metabolite of a controlled substance under state or | 4942 |
| municipal law within the preceding twenty years, you now are under | 4943 |
| arrest for state OVI, and, if you refuse to take a chemical test, | 4944 |
| you will face increased penalties if you subsequently are | 4945 |
| convicted of the state OVI. | 4946 |
| (Read this part unless the person is under arrest for solely | 4947 |
|
having physical control of a
vehicle while under the influence.) | 4948 |
|
If you take any chemical test required by law and
are
found to be | 4949 |
|
at or
over the
prohibited amount of alcohol, a controlled | 4950 |
| substance, or a metabolite of a controlled substance in
your
whole | 4951 |
| blood,
blood serum or plasma, breath,
or urine as set by law, your | 4952 |
| Ohio driving privileges will
be
suspended immediately, and you | 4953 |
| will have to pay a fee to have
the
privileges reinstated. | 4954 |
| (C) If the arresting law enforcement officer does not ask a | 4957 |
|
person under arrest as described in division (A) of this
section | 4958 |
|
to submit to a chemical
test or tests under section 4511.191 of | 4959 |
|
the Revised Code,
the arresting officer shall seize the Ohio or | 4960 |
|
out-of-state
driver's or commercial driver's license or permit of | 4961 |
|
the person
and immediately forward it to the court in which the | 4962 |
|
arrested person is to appear on the charge. If the arrested
person | 4963 |
| is not in
possession of
the person's license or permit or
it is | 4964 |
| not in the
person's vehicle, the officer shall order the
person to | 4965 |
| surrender it
to the law enforcement agency that employs
the | 4966 |
| officer within
twenty-four hours after the arrest, and, upon
the | 4967 |
| surrender, the
agency immediately shall forward the license or | 4968 |
|
permit to the
court in which the person is to appear on the | 4969 |
|
charge. Upon
receipt of the license or permit, the court shall | 4970 |
|
retain it
pending the arrested person's initial appearance and any | 4971 |
|
action taken
under section 4511.196 of the Revised Code. | 4972 |
| (D)(1) If a law enforcement officer asks a person under | 4973 |
|
arrest as
described in division (A) of this
section to submit to a | 4974 |
|
chemical
test or tests under section 4511.191 of the Revised Code, | 4975 |
|
if the officer advises the person in accordance with this section | 4976 |
|
of the
consequences of the person's refusal or submission,
and if | 4977 |
|
either the person refuses to submit to the test or tests or, | 4978 |
|
unless the
arrest was for a violation of section 4511.194 of the | 4979 |
|
Revised Code or a substantially equivalent municipal ordinance, | 4980 |
| the person submits to the
test or tests and the test
results | 4981 |
| indicate a
prohibited concentration of alcohol, a controlled | 4982 |
| substance, or a metabolite of a controlled substance in the | 4983 |
|
person's whole blood,
blood serum or plasma, breath, or urine at | 4984 |
|
the time of the alleged offense,
the arresting officer shall do | 4985 |
|
all of the following: | 4986 |
| (a) On behalf of the registrar of motor vehicles, notify the | 4987 |
|
person that, independent of any penalties or sanctions imposed | 4988 |
|
upon the
person, the person's Ohio driver's or commercial driver's | 4989 |
|
license
or permit or nonresident operating privilege is suspended | 4990 |
|
immediately,
that the suspension will last at least until the | 4991 |
|
person's
initial appearance on the charge, which will be held | 4992 |
|
within five days
after the date of the person's arrest or the | 4993 |
|
issuance of a
citation to the person, and that the person may | 4994 |
|
appeal the
suspension at the initial appearance or during the | 4995 |
|
period of time
ending thirty days after that initial appearance; | 4996 |
| (b) Seize the driver's or commercial driver's license or | 4997 |
|
permit
of the person and immediately forward it to the registrar. | 4998 |
|
If the
arrested person is not in possession of the person's | 4999 |
|
license or permit
or it is not in the person's vehicle, the | 5000 |
|
officer shall order the person to
surrender it to the
law | 5001 |
|
enforcement agency that employs the officer within twenty-four | 5002 |
|
hours after the person is given notice of the suspension, and, | 5003 |
|
upon the surrender, the officer's employing agency immediately | 5004 |
|
shall forward the license or permit to the registrar. | 5005 |
| (i) That the officer had reasonable grounds to believe that, | 5012 |
|
at
the time of the arrest, the arrested person was operating a | 5013 |
|
vehicle, streetcar, or trackless trolley in
violation of division | 5014 |
|
(A) or (B) of section 4511.19 of
the Revised Code or a
municipal | 5015 |
|
OVI ordinance or for being in physical control of a stationary | 5016 |
|
vehicle, streetcar, or trackless trolley in violation of section | 5017 |
|
4511.194 of the Revised Code or a substantially equivalent | 5018 |
| municipal ordinance; | 5019 |
| (iv) That either the person refused to submit to the
chemical | 5029 |
|
test
or tests or, unless the arrest was for a violation
of section | 5030 |
| 4511.194 of the Revised Code or a substantially equivalent | 5031 |
| municipal ordinance,
the person submitted to
the chemical test or | 5032 |
| tests and the test results
indicate a
prohibited concentration of | 5033 |
|
alcohol, a controlled substance, or a metabolite of a controlled | 5034 |
| substance in the person's whole blood,
blood serum or plasma, | 5035 |
|
breath, or urine at the time of the alleged
offense. | 5036 |
| (2) Division (D)(1) of this section does not apply to a | 5037 |
|
person
who is arrested for a violation of section 4511.194 of the | 5038 |
|
Revised Code or a substantially equivalent municipal ordinance, | 5039 |
| who is asked by a
law enforcement officer to submit
to a
chemical | 5040 |
| test or tests under section 4511.191 of the Revised
Code,
and who | 5041 |
| submits to the test or tests, regardless of the
amount of
alcohol, | 5042 |
| a controlled substance, or a metabolite of a controlled substance | 5043 |
| that the test results indicate is present in the
person's
whole | 5044 |
| blood, blood serum or plasma, breath, or urine. | 5045 |
| (E)
The arresting officer shall give the officer's sworn | 5046 |
|
report
that is completed under this
section to the arrested person | 5047 |
|
at the time of the arrest, or the registrar of
motor vehicles | 5048 |
|
shall send the report to the person
by regular first
class mail as | 5049 |
|
soon
as possible after receipt of the report, but not later than | 5050 |
|
fourteen days
after receipt of it. An
arresting officer may give | 5051 |
|
an unsworn report to the arrested person at the
time
of the arrest | 5052 |
|
provided the report is complete when given to the
arrested person | 5053 |
|
and subsequently is sworn to by the arresting
officer. As soon as | 5054 |
|
possible, but not later than forty-eight
hours after the arrest of | 5055 |
|
the person, the arresting officer shall
send a copy of the sworn | 5056 |
|
report to the court in which the arrested
person is to appear on | 5057 |
|
the charge for which the person was
arrested. | 5058 |
| (C)(1) In any criminal prosecution or juvenile court | 5090 |
|
proceeding for a violation of this section or a substantially | 5091 |
|
equivalent municipal ordinance, if a law enforcement officer has | 5092 |
|
administered a field sobriety test to the person in physical | 5093 |
|
control of the vehicle involved in the violation and if it is | 5094 |
|
shown by clear and convincing evidence that the
officer | 5095 |
|
administered the test in substantial compliance with the
testing | 5096 |
|
standards for any reliable, credible, and generally
accepted field | 5097 |
|
sobriety tests that were in effect at the time the
tests were | 5098 |
|
administered, including, but not limited to, any
testing standards | 5099 |
|
then in effect that were set by the national
highway traffic | 5100 |
|
safety administration, all of the following apply: | 5101 |
| (D) Whoever violates this section is guilty of having | 5120 |
|
physical
control of a vehicle while under the influence, a | 5121 |
|
misdemeanor of the first
degree. In addition to other sanctions | 5122 |
|
imposed, the court may
impose on the offender a class seven | 5123 |
|
suspension of the offender's driver's
license, commercial driver's | 5124 |
|
license, temporary instruction permit,
probationary license, or | 5125 |
|
nonresident operating privilege from the range
specified in | 5126 |
|
division (A)(7) of section 4510.02 of the Revised Code. | 5127 |
| (E) Division (B)(3) of this section does not apply to a | 5128 |
| person who is in physical control of a vehicle, streetcar, or | 5129 |
| trackless trolley while the person has a concentration of a listed | 5130 |
| controlled substance or a listed metabolite of a controlled | 5131 |
| substance in the person's whole blood, blood serum or plasma, or | 5132 |
| urine that equals or exceeds the amount specified in division | 5133 |
| (A)(1)(j) of section 4511.19 of the Revised Code, if both of the | 5134 |
| following apply: | 5135 |
| (3)
The result of a chemical test or tests of the
applicant's | 5159 |
|
blood, breath, or urine conducted at a hospital or
other | 5160 |
|
institution
approved by the board for
the purpose of
determining | 5161 |
the alcohol or, drug of abuse, controlled substance, or metabolite | 5162 |
| of a controlled substance content of the applicant's whole blood, | 5163 |
| blood serum or plasma,
breath, or urine; | 5164 |
| Section 2. That existing sections 1547.01, 1547.11, 1547.111, | 5180 |
| 1547.99, 1905.01, 1905.03, 1905.05, 1905.201, 2317.02, 2317.022, | 5181 |
| 2317.422, 2743.51, 2919.22, 2937.46, 2951.02, 3701.143, 3937.41, | 5182 |
| 4506.17, 4510.01, 4510.032, 4510.036, 4510.17, 4510.54, 4511.181, | 5183 |
| 4511.19, 4511.191, 4511.192, 4511.194, and 4766.15 of the Revised | 5184 |
| Code are hereby repealed. | 5185 |
| Section 3. Section 4510.54 of the Revised Code is presented | 5186 |
| in
this act as a composite of the section as amended by both Sub. | 5187 |
| H.B. 52 and Am. Sub. H.B. 163 of
the 125th General Assembly. The | 5188 |
| General Assembly, applying the
principle stated in division (B) of | 5189 |
| section 1.52 of the Revised
Code that amendments are to be | 5190 |
| harmonized if reasonably capable of
simultaneous operation, finds | 5191 |
| that the composite is the resulting
version of the section in | 5192 |
| effect prior to the effective date of
the section as presented in | 5193 |
| this act. | 5194 |