As Passed by the Senate

127th General Assembly Regular Session 2007-2008

Sub. H. B. No. 181

Representative Setzer 

Cosponsors: Representatives Stebelton, Evans, Healy, Combs, Yuko, Harwood, Huffman, Collier, Webster, Brown, Patton, Williams, B., Lundy, Dyer, Heard, Barrett, Boyd, Budish, Chandler, DeBose, Distel, Domenick, Driehaus, Fende, Flowers, Foley, Garrison, Gibbs, Hagan, J., Hagan, R., Hite, Letson, Luckie, Mallory, Miller, Oelslager, Okey, Otterman, Schindel, Schlichter, Schneider, Strahorn, Szollosi, Uecker, Wagoner, Williams, S., Zehringer 

Senators Grendell, Cates, Harris, Mumper, Niehaus, Padgett, Seitz, Spada, Stivers, Fedor, Sawyer, Jacobson 

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A BILL

To amend sections 2151.417, 2151.424, 2901.30,

1

2949.092, 3313.672, 4511.181, and 4511.191 and to

2

enact sections 120.08, 2949.094, and 5502.68 of

3

the Revised Code to revise the law with respect

4

to law enforcement cooperation and schools'

5

record keeping duties in missing children

6

investigations; to require a court to impose an

7

additional court cost of ten dollars for a moving

8

violation to provide funds for certain costs of

9

drug task forces, certain costs of alcohol

10

monitoring provided to indigent offenders, and

11

certain indigent defense costs; to create the

12

Drug Law Enforcement Fund to be administered by

13

the Division of Criminal Justice Services of

14

the Department of Public Safety for the

15

provision of funds for drug task forces; to

16

create the Indigent Defense Support Fund to be

17

administered by the State Public Defender for the

18

provision of the funds for indigent defense; to

19

provide the funds for the costs of alcohol

20

monitoring provided to indigent defendants out

21

of the Indigent Drivers Alcohol Treatment Fund;

22

to require the court to consider in-state and

23

out-of-state placement options in review

24

hearings for permanency plans for children not

25

to be returned to parents; to require in any such

26

review hearing the court or a court-appointed

27

citizens board to consult in an age-appropriate

28

manner with the child about any proposed

29

permanency plan; to specify that, in certain

30

reviews or hearings regarding foster care

31

placement of a child, custody of a child with a

32

relative other than a parent, or adoption of a

33

child, the foster caregiver, relative, or

34

prospective adoptive parent has the right to

35

present evidence; and to declare an emergency.

36

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

Section 1. That sections 2151.417, 2151.424, 2901.30,	37
2949.092, 3313.672, 4511.181, and 4511.191 be amended and sections	38
120.08, 2949.094, and 5502.68 of the Revised Code be enacted to	39
read as follows:	40

Sec. 120.08.  There is hereby created in the state treasury	41
the indigent defense support fund, consisting of money paid into	42
the fund pursuant to section 2949.094 of the Revised Code out of	43
the additional court costs imposed under that section. The state	44
public defender shall use the money in the fund for the purpose	45
of reimbursing county governments for expenses incurred pursuant	46
to sections 120.18, 120.28, and 120.33 of the Revised Code.	47
Disbursements from the fund to county governments shall be made	48
in each state fiscal year and shall be allocated proportionately	49
so that each county receives an equal percentage of its total	50
cost for operating its county public defender system, its joint	51
county public defender system, or its county appointed counsel	52
system.	53

Sec. 2151.417.  (A) Any court that issues a dispositional	54
order pursuant to section 2151.353, 2151.414, or 2151.415 of the	55
Revised Code may review at any time the child's placement or	56
custody arrangement, the case plan prepared for the child pursuant	57
to section 2151.412 of the Revised Code, the actions of the public	58
children services agency or private child placing agency in	59
implementing that case plan, the child's permanency plan, if the	60
child's permanency plan has been approved, and any other aspects	61
of the child's placement or custody arrangement. In conducting the	62
review, the court shall determine the appropriateness of any	63
agency actions, the safety and appropriateness of continuing the	64
child's placement or custody arrangement, and whether any changes	65
should be made with respect to the child's permanency plan or	66
placement or custody arrangement or with respect to the actions of	67
the agency under the child's placement or custody arrangement.	68
Based upon the evidence presented at a hearing held after notice	69
to all parties and the guardian ad litem of the child, the court	70
may require the agency, the parents, guardian, or custodian of the	71
child, and the physical custodians of the child to take any	72
reasonable action that the court determines is necessary and in	73
the best interest of the child or to discontinue any action that	74
it determines is not in the best interest of the child.	75

(B) If a court issues a dispositional order pursuant to	76
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the	77
court has continuing jurisdiction over the child as set forth in	78
division (E)(1) of section 2151.353 of the Revised Code. The court	79
may amend a dispositional order in accordance with division (E)(2)	80
of section 2151.353 of the Revised Code at any time upon its own	81
motion or upon the motion of any interested party. The court shall	82
comply with section 2151.42 of the Revised Code in amending any	83
dispositional order pursuant to this division.	84

(C) Any court that issues a dispositional order pursuant to	85
section 2151.353, 2151.414, or 2151.415 of the Revised Code shall	86
hold a review hearing one year after the earlier of the date on	87
which the complaint in the case was filed or the child was first	88
placed into shelter care to review the case plan prepared pursuant	89
to section 2151.412 of the Revised Code and the child's placement	90
or custody arrangement, to approve or review the permanency plan	91
for the child, and to make changes to the case plan and placement	92
or custody arrangement consistent with the permanency plan. The	93
court shall schedule the review hearing at the time that it holds	94
the dispositional hearing pursuant to section 2151.35 of the	95
Revised Code.	96

The court shall hold a similar review hearing no later than	97
every twelve months after the initial review hearing until the	98
child is adopted, returned to the parents, or the court otherwise	99
terminates the child's placement or custody arrangement, except	100
that the dispositional hearing held pursuant to section 2151.415	101
of the Revised Code shall take the place of the first review	102
hearing to be held under this section. The court shall schedule	103
each subsequent review hearing at the conclusion of the review	104
hearing immediately preceding the review hearing to be scheduled.	105

(D) If, within fourteen days after a written summary of an	106
administrative review is filed with the court pursuant to section	107
2151.416 of the Revised Code, the court does not approve the	108
proposed change to the case plan filed pursuant to division (E) of	109
section 2151.416 of the Revised Code or a party or the guardian ad	110
litem requests a review hearing pursuant to division (E) of that	111
section, the court shall hold a review hearing in the same manner	112
that it holds review hearings pursuant to division (C) of this	113
section, except that if a review hearing is required by this	114
division and if a hearing is to be held pursuant to division (C)	115
of this section or section 2151.415 of the Revised Code, the	116
hearing held pursuant to division (C) of this section or section	117
2151.415 of the Revised Code shall take the place of the review	118
hearing required by this division.	119

(E) If a court determines pursuant to section 2151.419 of the	120
Revised Code that a public children services agency or private	121
child placing agency is not required to make reasonable efforts to	122
prevent the removal of a child from the child's home, eliminate	123
the continued removal of a child from the child's home, and return	124
the child to the child's home, and the court does not return the	125
child to the child's home pursuant to division (A)(3) of section	126
2151.419 of the Revised Code, the court shall hold a review	127
hearing to approve the permanency plan for the child and, if	128
appropriate, to make changes to the child's case plan and the	129
child's placement or custody arrangement consistent with the	130
permanency plan. The court may hold the hearing immediately	131
following the determination under section 2151.419 of the Revised	132
Code and shall hold it no later than thirty days after making that	133
determination.	134

(F) The court shall give notice of the review hearings held	135
pursuant to this section to every interested party, including, but	136
not limited to, the appropriate agency employees who are	137
responsible for the child's care and planning, the child's	138
parents, any person who had guardianship or legal custody of the	139
child prior to the custody order, the child's guardian ad litem,	140
and the child. The court shall summon every interested party to	141
appear at the review hearing and give them an opportunity to	142
testify and to present other evidence with respect to the child's	143
custody arrangement, including, but not limited to, the following:	144
the case plan for the child, the permanency plan, if one exists;	145
the actions taken by the child's custodian; the need for a change	146
in the child's custodian or caseworker; and the need for any	147
specific action to be taken with respect to the child. The court	148
shall require any interested party to testify or present other	149
evidence when necessary to a proper determination of the issues	150
presented at the review hearing. In any review hearing that	151
pertains to a permanency plan for a child who will not be returned	152
to the parent, the court shall consider in-state and out-of-state	153
placement options, and the court shall determine whether the	154
in-state or the out-of-state placement continues to be appropriate	155
and in the best interests of the child. In any review hearing that	156
pertains to a permanency plan for a child, the court or a citizens	157
board appointed by the court pursuant to division (H) of this	158
section shall consult with the child, in an age-appropriate	159
manner, regarding the proposed permanency plan for the child.	160

(G) After the review hearing, the court shall take the	161
following actions based upon the evidence presented:	162

(1) If an administrative review has been conducted, determine	163
whether the conclusions of the review are supported by a	164
preponderance of the evidence and approve or modify the case plan	165
based upon that evidence;	166

(2) If the hearing was held under division (C) or (E) of this	167
section, approve a permanency plan for the child that specifies	168
whether and, if applicable, when the child will be safely returned	169
home or placed for adoption, for legal custody, or in a planned	170
permanent living arrangement. A permanency plan approved after a	171
hearing under division (E) of this section shall not include any	172
provision requiring the child to be returned to the child's home.	173

(3) If the child is in temporary custody, do all of the	174
following:	175

(a) Determine whether the child can and should be returned	176
home with or without an order for protective supervision;	177

(b) If the child can and should be returned home with or	178
without an order for protective supervision, terminate the order	179
for temporary custody;	180

(c) If the child cannot or should not be returned home with	181
an order for protective supervision, determine whether the agency	182
currently with custody of the child should retain custody or	183
whether another public children services agency, private child	184
placing agency, or an individual should be given custody of the	185
child.	186

The court shall comply with section 2151.42 of the Revised	187
Code in taking any action under this division.	188

(4) If the child is in permanent custody, determine what	189
actions are required by the custodial agency and of any other	190
organizations or persons in order to facilitate an adoption of the	191
child and make any appropriate orders with respect to the custody	192
arrangement or conditions of the child, including, but not limited	193
to, a transfer of permanent custody to another public children	194
services agency or private child placing agency;	195

(5) Journalize the terms of the updated case plan for the	196
child.	197

(H) The court may appoint a referee or a citizens review	198
board to conduct the review hearings that the court is required by	199
this section to conduct, subject to the review and approval by the	200
court of any determinations made by the referee or citizens review	201
board. If the court appoints a citizens review board to conduct	202
the review hearings, the board shall consist of one member	203
representing the general public and four members who are trained	204
or experienced in the care or placement of children and have	205
training or experience in the fields of medicine, psychology,	206
social work, education, or any related field. Of the initial	207
appointments to the board, two shall be for a term of one year,	208
two shall be for a term of two years, and one shall be for a term	209
of three years, with all the terms ending one year after the date	210
on which the appointment was made. Thereafter, all terms of the	211
board members shall be for three years and shall end on the same	212
day of the same month of the year as did the term that they	213
succeed. Any member appointed to fill a vacancy occurring prior to	214
the expiration of the term for which the member's predecessor was	215
appointed shall hold office for the remainder of the term.	216

(I) A copy of the court's determination following any review	217
hearing held pursuant to this section shall be sent to the	218
custodial agency, the guardian ad litem of the child who is the	219
subject of the review hearing, and, if that child is not the	220
subject of a permanent commitment hearing, the parents of the	221
child.	222

(J) If the hearing held under this section takes the place of	223
an administrative review that otherwise would have been held under	224
section 2151.416 of the Revised Code, the court at the hearing	225
held under this section shall do all of the following in addition	226
to any other requirements of this section:	227

(1) Determine the continued necessity for and the safety and	228
appropriateness of the child's placement;	229

(2) Determine the extent of compliance with the child's case	230
plan;	231

(3) Determine the extent of progress that has been made	232
toward alleviating or mitigating the causes necessitating the	233
child's placement in foster care;	234

(4) Project a likely date by which the child may be safely	235
returned home or placed for adoption or legal custody.	236

(K)(1) Whenever the court is required to approve a permanency	237
plan under this section or section 2151.415 of the Revised Code,	238
the public children services agency or private child placing	239
agency that filed the complaint in the case, has custody of the	240
child, or will be given custody of the child shall develop a	241
permanency plan for the child. The agency must file the plan with	242
the court prior to the hearing under this section or section	243
2151.415 of the Revised Code.	244

(2) The permanency plan developed by the agency must specify	245
whether and, if applicable, when the child will be safely returned	246
home or placed for adoption or legal custody. If the agency	247
determines that there is a compelling reason why returning the	248
child home or placing the child for adoption or legal custody is	249
not in the best interest of the child, the plan shall provide that	250
the child will be placed in a planned permanent living	251
arrangement. A permanency plan developed as a result of a	252
determination made under division (A)(2) of section 2151.419 of	253
the Revised Code may not include any provision requiring the child	254
to be returned home.	255

Sec. 2151.424.  (A) If a child has been placed in a certified	256
foster home or is in the custody of a relative of the child, other	257
than a parent of the child, a court, prior to conducting any	258
hearing pursuant to division (E)(2) or (3) of section 2151.412 or	259
section 2151.28, 2151.33, 2151.35, 2151.414, 2151.415, 2151.416,	260
or 2151.417 of the Revised Code with respect to the child, shall	261
notify the foster caregiver or relative of the date, time, and	262
place of the hearing. At the hearing, the foster caregiver or	263
relative mayshall have the right to present evidence.	264

(B) If a public children services agency or private child	265
placing agency has permanent custody of a child and a petition to	266
adopt the child has been filed under Chapter 3107. of the Revised	267
Code, the agency, prior to conducting a review under section	268
2151.416 of the Revised Code, or a court, prior to conducting a	269
hearing under division (E)(2) or (3) of section 2151.412 or	270
section 2151.416 or 2151.417 of the Revised Code, shall notify the	271
prospective adoptive parent of the date, time, and place of the	272
review or hearing. At the review or hearing, the prospective	273
adoptive parent mayshall have the right to present evidence.	274

(C) The notice and the opportunity to present evidence do not	275
make the foster caregiver, relative, or prospective adoptive	276
parent a party in the action or proceeding pursuant to which the	277
review or hearing is conducted.	278

Sec. 2901.30.  (A) As used in sections 2901.30 to 2901.32 of	279
the Revised Code:	280

(1) "Information" means information that can be integrated	281
into the computer system and that relates to the physical or	282
mental description of a minor including, but not limited to,	283
height, weight, color of hair and eyes, use of eyeglasses or	284
contact lenses, skin coloring, physical or mental handicaps,	285
special medical conditions or needs, abnormalities, problems,	286
scars and marks, and distinguishing characteristics, and other	287
information that could assist in identifying a minor including,	288
but not limited to, full name and nickname, date and place of	289
birth, age, names and addresses of parents and other relatives,	290
fingerprints, dental records, photographs, social security number,	291
driver's license number, credit card numbers, bank account	292
numbers, and clothing.	293

(2) "Minor" means a person under eighteen years of age.

294

(3) "Missing children" or "missing child" means either of the	295
following:	296

(a) A minor who has run away from or who otherwise is missing	297
from the home of, or the care, custody, and control of, the	298
minor's parents, parent who is the residential parent and legal	299
custodian, guardian, legal custodian, or other person having	300
responsibility for the care of the minor;	301

(b) A minor who is missing and about whom there is reason to	302
believe the minor could be the victim of a violation of section	303
2905.01, 2905.02, 2905.03, or 2919.23 of the Revised Code or of a	304
violation of section 2905.04 of the Revised Code as it existed	305
prior to the effective date of this amendmentJuly 1, 1996.	306

(B) When a law enforcement agency in this state that has	307
jurisdiction in the matter is informed that a minor is or may be a	308
missing child and that the person providing the information wishes	309
to file a missing child report, the law enforcement agency shall	310
take that report. Upon taking the report, the law enforcement	311
agency shall take prompt action upon it, including, but not	312
limited to, concerted efforts to locate the missing child. No law	313
enforcement agency in this state shall have a rule or policy that	314
prohibits or discourages the filing of or the taking of action	315
upon a missing child report, within a specified period following	316
the discovery or formulation of a belief that a minor is or could	317
be a missing child.	318

(C) If a missing child report is made to a law enforcement	319
agency in this state that has jurisdiction in the matter, the law	320
enforcement agency shall gather readily available information	321
about the missing child and integrate it into the national crime	322
information center computer within twelve hours following the	323
making of the report. The law enforcement agency shall make	324
reasonable efforts to acquire additional information about the	325
missing child following the transmittal of the initially available	326
information, and promptly integrate any additional information	327
acquired into such computer systems.	328

Whenever a law enforcement agency integrates information	329
about a missing child into the national crime information center	330
computer, the law enforcement agency promptly shall notify the	331
missing child's parents, parent who is the residential parent and	332
legal custodian, guardian, or legal custodian, or any other person	333
responsible for the care of the missing child, that it has so	334
integrated the information.	335

The parents, parent who is the residential parent and legal	336
custodian, guardian, legal custodian, or other person responsible	337
for the care of the missing child shall provide available	338
information upon request, and may provide information voluntarily,	339
to the law enforcement agency during the information gathering	340
process. The law enforcement agency also may obtain available	341
information about the missing child from other persons, subject to	342
constitutional and statutory limitations.	343

(D) Upon the filing of a missing child report, the law	344
enforcement agency involved may notify the public or nonpublic	345
school in which the missing child is or was most recently	346
enrolled, as ascertained by the agency, that the child is the	347
subject of a missing child report and that the child's school	348
records are to be marked in accordance with section 3313.672 of	349
the Revised Code.	350

(E) Upon the filing of a missing child report, the law	351
enforcement agency involved promptly shall make a reasonable	352
attempt to notify other law enforcement agencies within its county	353
and, if the agency has jurisdiction in a municipal corporation or	354
township that borders another county, to notify the law	355
enforcement agency for the municipal corporation or township in	356
the other county with which it shares the border, that it has	357
taken a missing child report and may be requesting assistance or	358
cooperation in the case, and provide relevant information to the	359
other law enforcement agencies. The agency may notify additional	360
law enforcement agencies, or appropriate public children services	361
agencies, about the case, request their assistance or cooperation	362
in the case, and provide them with relevant information.	363

Upon request from a law enforcement agency, a public children	364
services agency shall grant the law enforcement agency access to	365
all information concerning a missing child that the agency	366
possesses that may be relevant to the law enforcement agency in	367
investigating a missing child report concerning that child. The	368
information obtained by the law enforcement agency shall be used	369
only to further the investigation to locate the missing child.	370

(E)(F) Upon request, law enforcement agencies in this state	371
shall provide assistance to, and cooperate with, other law	372
enforcement agencies in their investigation of missing child	373
cases. The assistance and cooperation under this paragraph shall	374
be pursuant to any terms agreed upon by the law enforcement	375
agencies, which may include the provision of law enforcement	376
services or the use of law enforcement equipment or the	377
interchange of services and equipment among the cooperating law	378
enforcement agencies. Chapter 2744. of the Revised Code, insofar	379
as it applies to the operation of law enforcement agencies, shall	380
apply to the cooperating political subdivisions and to the law	381
enforcement agency employees when they are rendering services	382
pursuant to this paragraph outside the territory of the political	383
subdivision by which they are employed. Law enforcement agency	384
employees rendering services outside the territory of the	385
political subdivision in which they are employed, pursuant to this	386
paragraph, shall be entitled to participate in any indemnity fund	387
established by their employer to the same extent as if they were	388
rendering service within the territory of their employing	389
political subdivision. Those law enforcement agency employees also	390
shall be entitled to all the rights and benefits of Chapter 4123.	391
of the Revised Code to the same extent as if rendering services	392
within the territory of their employing political subdivision.	393

The information in any missing child report made to a law	394
enforcement agency shall be made available, upon request, to law	395
enforcement personnel of this state, other states, and the federal	396
government when the law enforcement personnel indicate that the	397
request is to aid in identifying or locating a missing child or	398
the possible identification of a deceased minor who, upon	399
discovery, cannot be identified.	400

(F)(G) When a missing child has not been located within	401
thirty days after the date on which the missing child report	402
pertaining to the child was filed with a law enforcement agency,	403
that law enforcement agency shall request the missing child's	404
parents, parent who is the residential parent and legal custodian,	405
guardian, or legal custodian, or any other person responsible for	406
the care of the missing child, to provide written consent for the	407
law enforcement agency to contact the missing child's dentist and	408
request the missing child's dental records. Upon receipt of such	409
written consent, the dentist shall release a copy of the missing	410
child's dental records to the law enforcement agency and shall	411
provide and encode the records in such form as requested by the	412
law enforcement agency. The law enforcement agency then shall	413
integrate information in the records into the national crime	414
information center computer in order to compare the records to	415
those of unidentified deceased persons. This division does not	416
prevent a law enforcement agency from seeking consent to obtain	417
copies of a missing child's dental records, or prevent a missing	418
child's parents, parent who is the residential parent and legal	419
custodian, guardian, or legal custodian, or any other person	420
responsible for the care of the missing child, from granting	421
consent for the release of copies of the missing child's dental	422
records to a law enforcement agency, at any time.	423

(G)(H) A missing child's parents, parent who is the	424
residential parent and legal custodian, guardian, or legal	425
custodian, or any other persons responsible for the care of a	426
missing child, immediately shall notify the law enforcement agency	427
with which they filed the missing child report whenever the child	428
has returned to their home or to their care, custody, and control,	429
has been released if the missing child was the victim of an	430
offense listed in division (A)(3)(b) of this section, or otherwise	431
has been located. Upon such notification or upon otherwise	432
learning that a missing child has returned to the home of, or to	433
the care, custody, and control of the missing child's parents,	434
parent who is the residential parent and legal custodian,	435
guardian, legal custodian, or other person responsible for the	436
missing child's care, has been released if the missing child was	437
the victim of an offense listed in division (A)(3)(b) of this	438
section, or otherwise has been located, the law enforcement agency	439
involved promptly shall integrate the fact that the minor no	440
longer is a missing child into the national crime information	441
center computer and shall inform any school that was notified	442
under division (D) of this section that the minor is no longer a	443
missing child.	444

(H)(I) Nothing contained in this section shall be construed	445
to impair the confidentiality of services provided to runaway	446
minors by shelters for runaway minors pursuant to sections 5119.64	447
to 5119.68 of the Revised Code.	448

Sec. 2949.092.  If a person is convicted of or pleads guilty	449
to an offense and the court specifically is required, pursuant to	450
section 2743.70, 2949.091, or 2949.093, or 2949.094 of the Revised	451
Code or pursuant to any other section of the Revised Code to	452
impose a specified sum of money as costs in the case in addition	453
to any other costs that the court is required or permitted by law	454
to impose in the case, the court shall not waive the payment of	455
the specified additional court costs that the section of the	456
Revised Code specifically requires the court to impose unless the	457
court determines that the offender is indigent and the court	458
waives the payment of all court costs imposed upon the offender.	459

Sec. 2949.094. (A) The court in which any person is convicted	460
of or pleads guilty to any moving violation shall impose an	461
additional court cost of ten dollars upon the offender. The court	462
shall not waive the payment of the ten dollars unless the court	463
determines that the offender is indigent and waives the payment of	464
all court costs imposed upon the indigent offender.	465

The clerk of the court shall transmit thirty-five per cent of	466
all additional court costs collected pursuant to this division	467
during a month on the first business day of the following month	468
to the division of criminal justice services, and the division	469
of criminal justice services shall deposit the money so	470
transmitted into the drug law enforcement fund created under	471
section 5502.68 of the Revised Code. The clerk shall transmit	472
fifteen per cent of all additional court costs so collected	473
during a month on the first business day of the following month	474
to the state treasury to be credited to the indigent drivers	475
alcohol treatment fund created under section 4511.191 of the	476
Revised Code and to be distributed by the department of alcohol	477
and drug addiction services as provided in division (H) of that	478
section. The clerk shall transmit fifty per cent of all	479
additional court costs so collected during a month on the first	480
business day of the following month to the state treasury to be	481
credited to the indigent defense support fund created pursuant	482
to section 120.08 of the Revised Code.	483

(B) The juvenile court in which a child is found to be a	484
juvenile traffic offender for an act that is a moving violation	485
shall impose an additional court cost of ten dollars upon the	486
juvenile traffic offender. The juvenile court shall not waive the	487
payment of the ten dollars unless the court determines that the	488
juvenile is indigent and waives the payment of all court costs	489
imposed upon the indigent offender.	490

The clerk of the court shall transmit thirty-five per cent of	491
all additional court costs collected pursuant to this division	492
during a month on the first business day of the following month	493
to the division of criminal justice services, and the division	494
of criminal justice services shall deposit the money so	495
transmitted into the drug law enforcement fund created under	496
section 5502.68 of the Revised Code. The clerk shall transmit	497
fifteen per cent of all additional court costs so collected	498
during a month on the first business day of the following month	499
to the state treasury to be credited to the indigent drivers	500
alcohol treatment fund created under section 4511.191 of the	501
Revised Code and to be distributed by the department of alcohol	502
and drug addiction services as provided in division (H) of that	503
section. The clerk shall transmit fifty per cent of all	504
additional court costs so collected during a month on the first	505
business day of the following month to the state treasury to be	506
credited to the indigent defense support fund created pursuant	507
to section 120.08 of the Revised Code.	508

(C) Whenever a person is charged with any offense that is a	509
moving violation and posts bail, the court shall add to the amount	510
of the bail the ten dollars required to be paid by division (A)	511
of this section. The clerk of the court shall retain the ten	512
dollars until the person is convicted, pleads guilty, forfeits	513
bail, is found not guilty, or has the charges dismissed. If the	514
person is convicted, pleads guilty, or forfeits bail, the clerk	515
shall transmit three dollars and fifty cents out of the ten	516
dollars to the division of criminal justice services, and the	517
division of criminal justice services shall deposit the money so	518
transmitted into the drug law enforcement fund created under	519
section 5502.68 of the Revised Code, the clerk shall transmit one	520
dollar and fifty cents out of the ten dollars to the state	521
treasury to be credited to the indigent drivers alcohol treatment	522
fund created under section 4511.191 of the Revised Code and to be	523
distributed by the department of alcohol and drug addiction	524
services as provided in division (H) of that section, and the	525
clerk shall transmit five dollars out of the ten dollars to the	526
state treasury to be credited to the indigent defense support	527
fund created under section 120.08 of the Revised Code. If the	528
person is found not guilty or the charges are dismissed, the	529
clerk shall return the ten dollars to the person.	530

(D) No person shall be placed or held in a detention facility	531
for failing to pay the court cost or bail that is required to be	532
paid by this section.	533

(E) As used in this section:

534

(1) "Bail" and "moving violation" have the same meanings as	535
in section 2949.093 of the Revised Code.	536

(2) "Detention facility" has the same meaning as in section	537
2921.01 of the Revised Code.	538

(3) "Division of criminal justice services" means the	539
division of criminal justice services of the department of public	540
safety, created by section 5502.62 of the Revised Code.	541

Sec. 3313.672.  (A)(1) At the time of initial entry to a	542
public or nonpublic school, a pupil shall present to the person in	543
charge of admission any records given the pupil by the public or	544
nonpublic elementary or secondary school the pupil most recently	545
attended; a certified copy of an order or decree, or modification	546
of such an order or decree allocating parental rights and	547
responsibilities for the care of a child and designating a	548
residential parent and legal custodian of the child, as provided	549
in division (B) of this section, if that type of order or decree	550
has been issued; a copy of a power of attorney or caretaker	551
authorization affidavit, if either has been executed with respect	552
to the child pursuant to sections 3109.51 to 3109.80 of the	553
Revised Code; and a certification of birth issued pursuant to	554
Chapter 3705. of the Revised Code, a comparable certificate or	555
certification issued pursuant to the statutes of another state,	556
territory, possession, or nation, or a document in lieu of a	557
certificate or certification as described in divisions (A)(1)(a)	558
to (e) of this section. Any of the following shall be accepted in	559
lieu of a certificate or certification of birth by the person in	560
charge of admission:	561

(a) A passport or attested transcript of a passport filed	562
with a registrar of passports at a point of entry of the United	563
States showing the date and place of birth of the child;	564

(b) An attested transcript of the certificate of birth;

565

(c) An attested transcript of the certificate of baptism or	566
other religious record showing the date and place of birth of the	567
child;	568

(d) An attested transcript of a hospital record showing the	569
date and place of birth of the child;	570

(e) A birth affidavit.

571

(2) If a pupil requesting admission to a school of the school	572
district in which the pupil is entitled to attend school under	573
section 3313.64 or 3313.65 of the Revised Code has been discharged	574
or released from the custody of the department of youth services	575
under section 5139.51 of the Revised Code just prior to requesting	576
admission to the school, no school official shall admit that pupil	577
until the records described in divisions (D)(4)(a) to (d) of	578
section 2152.18 of the Revised Code have been received by the	579
superintendent of the school district.	580

(3) Except as otherwise provided in division (A)(2) of this	581
section, within twenty-four hours of the entry into the school of	582
a pupil described in division (A)(1) of this section, a school	583
official shall request the pupil's official records from the	584
public or nonpublic elementary or secondary school the pupil most	585
recently attended. If the public or nonpublic school the pupil	586
claims to have most recently attended indicates that it has no	587
record of the pupil's attendance or the records are not received	588
within fourteen days of the date of request, or if the pupil does	589
not present a certification of birth described in division (A)(1)	590
of this section, a comparable certificate or certification from	591
another state, territory, possession, or nation, or another	592
document specified in divisions (A)(1)(a) to (d)(e) of this	593
section, the principal or chief administrative officer of the	594
school shall notify the law enforcement agency having jurisdiction	595
in the area where the pupil resides of this fact and of the	596
possibility that the pupil may be a missing child, as defined in	597
section 2901.30 of the Revised Code.	598

(B)(1) Whenever an order or decree allocating parental rights	599
and responsibilities for the care of a child and designating a	600
residential parent and legal custodian of the child, including a	601
temporary order, is issued resulting from an action of divorce,	602
alimony, annulment, or dissolution of marriage, and the order or	603
decree pertains to a child who is a pupil in a public or nonpublic	604
school, the residential parent of the child shall notify the	605
school of those allocations and designations by providing the	606
person in charge of admission at the pupil's school with a	607
certified copy of the order or decree that made the allocation and	608
designation. Whenever there is a modification of any order or	609
decree allocating parental rights and responsibilities for the	610
care of a child and designating a residential parent and legal	611
custodian of the child that has been submitted to a school, the	612
residential parent shall provide the person in charge of admission	613
at the pupil's school with a certified copy of the order or decree	614
that makes the modification.	615

(2) Whenever a power of attorney is executed under sections	616
3109.51 to 3109.62 of the Revised Code that pertains to a child	617
who is a pupil in a public or nonpublic school, the attorney in	618
fact shall notify the school of the power of attorney by providing	619
the person in charge of admission with a copy of the power of	620
attorney. Whenever a caretaker authorization affidavit is executed	621
under sections 3109.64 to 3109.73 of the Revised Code that	622
pertains to a child who is in a public or nonpublic school, the	623
grandparent who executed the affidavit shall notify the school of	624
the affidavit by providing the person in charge of admission with	625
a copy of the affidavit.	626

(C) If, at the time of a pupil's initial entry to a public or	627
nonpublic school, the pupil is under the care of a shelter for	628
victims of domestic violence, as defined in section 3113.33 of the	629
Revised Code, the pupil or the pupil's parent shall notify the	630
school of that fact. Upon being so informed, the school shall	631
inform the elementary or secondary school from which it requests	632
the pupil's records of that fact.	633

(D) Whenever a public or nonpublic school is notified by a	634
law enforcement agency pursuant to division (D) of section 2901.30	635
of the Revised Code that a missing child report has been filed	636
regarding a pupil who is currently or was previously enrolled in	637
the school, the person in charge of admission at the school shall	638
mark that pupil's records in such a manner that whenever a copy of	639
or information regarding the records is requested, any school	640
official responding to the request is alerted to the fact that the	641
records are those of a missing child. Upon any request for a copy	642
of or information regarding a pupil's records that have been so	643
marked, the person in charge of admission immediately shall report	644
the request to the law enforcement agency that notified the school	645
that the pupil is a missing child. When forwarding a copy of or	646
information from the pupil's records in response to a request, the	647
person in charge of admission shall do so in such a way that the	648
receiving district or school would be unable to discern that the	649
pupil's records are marked pursuant to this division but shall	650
retain the mark in the pupil's records until notified that the	651
pupil is no longer a missing child. Upon notification by a law	652
enforcement agency that a pupil is no longer a missing child, the	653
person in charge of admission shall remove the mark from the	654
pupil's records in such a way that if the records were forwarded	655
to another district or school, the receiving district or school	656
would be unable to discern that the records were ever marked.	657

Sec. 4511.181.  As used in sections 4511.181 to 4511.197 of	658
the Revised Code:	659

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

660

(1) A violation of division (A) or (B) of section 4511.19 of	661
the Revised Code;	662

(2) A violation of a municipal OVI ordinance;

663

(3) A violation of section 2903.04 of the Revised Code in a	664
case in which the offender was subject to the sanctions described	665
in division (D) of that section;	666

(4) A violation of division (A)(1) of section 2903.06 or	667
2903.08 of the Revised Code or a municipal ordinance that is	668
substantially equivalent to either of those divisions;	669

(5) A violation of division (A)(2), (3), or (4) of section	670
2903.06, division (A)(2) of section 2903.08, or former section	671
2903.07 of the Revised Code, or a municipal ordinance that is	672
substantially equivalent to any of those divisions or that former	673
section, in a case in which a judge or jury as the trier of fact	674
found that the offender was under the influence of alcohol, a drug	675
of abuse, or a combination of them;	676

(6) A violation of an existing or former municipal ordinance,	677
law of another state, or law of the United States that is	678
substantially equivalent to division (A) or (B) of section 4511.19	679
of the Revised Code;	680

(7) A violation of a former law of this state that was	681
substantially equivalent to division (A) or (B) of section 4511.19	682
of the Revised Code.	683

(B) "Mandatory jail term" means the mandatory term in jail of	684
three, six, ten, twenty, thirty, or sixty days that must be	685
imposed under division (G)(1)(a), (b), or (c) of section 4511.19	686
of the Revised Code upon an offender convicted of a violation of	687
division (A) of that section and in relation to which all of the	688
following apply:	689

(1) Except as specifically authorized under section 4511.19	690
of the Revised Code, the term must be served in a jail.	691

(2) Except as specifically authorized under section 4511.19	692
of the Revised Code, the term cannot be suspended, reduced, or	693
otherwise modified pursuant to sections 2929.21 to 2929.28 or any	694
other provision of the Revised Code.	695

(C) "Municipal OVI ordinance" and "municipal OVI offense"	696
mean any municipal ordinance prohibiting a person from operating a	697
vehicle while under the influence of alcohol, a drug of abuse, or	698
a combination of them or prohibiting a person from operating a	699
vehicle with a prohibited concentration of alcohol, a controlled	700
substance, or a metabolite of a controlled substance in the whole	701
blood, blood serum or plasma, breath, or urine.	702

(D) "Community residential sanction," "continuous alcohol	703
monitoring," "jail," "mandatory prison term," "mandatory term of	704
local incarceration," "sanction," and "prison term" have the same	705
meanings as in section 2929.01 of the Revised Code.	706

(E) "Drug of abuse" has the same meaning as in section	707
4506.01 of the Revised Code.	708

Sec. 4511.191.  (A)(1) As used in this section:

709

(a)"Physical control" has the same meaning as in section	710
4511.194 of the Revised Code.	711

(b) "Alcohol monitoring device" means any device that	712
provides for continuous alcohol monitoring, any ignition interlock	713
device, any immobilizing or disabling device other than an	714
ignition interlock device that is constantly available to monitor	715
the concentration of alcohol in a person's system, or any other	716
device that provides for the automatic testing and periodic	717
reporting of alcohol consumption by a person and that a court	718
orders a person to use as a sanction imposed as a result of the	719
person's conviction of or plea of guilty to an offense.	720

(2) Any person who operates a vehicle, streetcar, or	721
trackless trolley upon a highway or any public or private property	722
used by the public for vehicular travel or parking within this	723
state or who is in physical control of a vehicle, streetcar, or	724
trackless trolley shall be deemed to have given consent to a	725
chemical test or tests of the person's whole blood, blood serum or	726
plasma, breath, or urine to determine the alcohol, drug of abuse,	727
controlled substance, metabolite of a controlled substance, or	728
combination content of the person's whole blood, blood serum or	729
plasma, breath, or urine if arrested for a violation of division	730
(A) or (B) of section 4511.19 of the Revised Code, section	731
4511.194 of the Revised Code or a substantially equivalent	732
municipal ordinance, or a municipal OVI ordinance.	733

(3) The chemical test or tests under division (A)(2) of this	734
section shall be administered at the request of a law enforcement	735
officer having reasonable grounds to believe the person was	736
operating or in physical control of a vehicle, streetcar, or	737
trackless trolley in violation of a division, section, or	738
ordinance identified in division (A)(2) of this section. The law	739
enforcement agency by which the officer is employed shall	740
designate which of the tests shall be administered.	741

(4) Any person who is dead or unconscious, or who otherwise	742
is in a condition rendering the person incapable of refusal, shall	743
be deemed to have consented as provided in division (A)(2) of this	744
section, and the test or tests may be administered, subject to	745
sections 313.12 to 313.16 of the Revised Code.	746

(B)(1) Upon receipt of the sworn report of a law enforcement	747
officer who arrested a person for a violation of division (A) or	748
(B) of section 4511.19 of the Revised Code, section 4511.194 of	749
the Revised Code or a substantially equivalent municipal	750
ordinance, or a municipal OVI ordinance that was completed and	751
sent to the registrar and a court pursuant to section 4511.192 of	752
the Revised Code in regard to a person who refused to take the	753
designated chemical test, the registrar shall enter into the	754
registrar's records the fact that the person's driver's or	755
commercial driver's license or permit or nonresident operating	756
privilege was suspended by the arresting officer under this	757
division and that section and the period of the suspension, as	758
determined under this section. The suspension shall be subject to	759
appeal as provided in section 4511.197 of the Revised Code. The	760
suspension shall be for whichever of the following periods	761
applies:	762

(a) Except when division (B)(1)(b), (c), or (d) of this	763
section applies and specifies a different class or length of	764
suspension, the suspension shall be a class C suspension for the	765
period of time specified in division (B)(3) of section 4510.02 of	766
the Revised Code.	767

(b) If the arrested person, within six years of the date on	768
which the person refused the request to consent to the chemical	769
test, had refused one previous request to consent to a chemical	770
test, the suspension shall be a class B suspension imposed for the	771
period of time specified in division (B)(2) of section 4510.02 of	772
the Revised Code.	773

(c) If the arrested person, within six years of the date on	774
which the person refused the request to consent to the chemical	775
test, had refused two previous requests to consent to a chemical	776
test, the suspension shall be a class A suspension imposed for the	777
period of time specified in division (B)(1) of section 4510.02 of	778
the Revised Code.	779

(d) If the arrested person, within six years of the date on	780
which the person refused the request to consent to the chemical	781
test, had refused three or more previous requests to consent to a	782
chemical test, the suspension shall be for five years.	783

(2) The registrar shall terminate a suspension of the	784
driver's or commercial driver's license or permit of a resident or	785
of the operating privilege of a nonresident, or a denial of a	786
driver's or commercial driver's license or permit, imposed	787
pursuant to division (B)(1) of this section upon receipt of notice	788
that the person has entered a plea of guilty to, or that the	789
person has been convicted after entering a plea of no contest to,	790
operating a vehicle in violation of section 4511.19 of the Revised	791
Code or in violation of a municipal OVI ordinance, if the offense	792
for which the conviction is had or the plea is entered arose from	793
the same incident that led to the suspension or denial.	794

The registrar shall credit against any judicial suspension of	795
a person's driver's or commercial driver's license or permit or	796
nonresident operating privilege imposed pursuant to section	797
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	798
Revised Code for a violation of a municipal OVI ordinance, any	799
time during which the person serves a related suspension imposed	800
pursuant to division (B)(1) of this section.	801

(C)(1) Upon receipt of the sworn report of the law	802
enforcement officer who arrested a person for a violation of	803
division (A) or (B) of section 4511.19 of the Revised Code or a	804
municipal OVI ordinance that was completed and sent to the	805
registrar and a court pursuant to section 4511.192 of the Revised	806
Code in regard to a person whose test results indicate that the	807
person's whole blood, blood serum or plasma, breath, or urine	808
contained at least the concentration of alcohol specified in	809
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	810
Revised Code or at least the concentration of a listed controlled	811
substance or a listed metabolite of a controlled substance	812
specified in division (A)(1)(j) of section 4511.19 of the Revised	813
Code, the registrar shall enter into the registrar's records the	814
fact that the person's driver's or commercial driver's license or	815
permit or nonresident operating privilege was suspended by the	816
arresting officer under this division and section 4511.192 of the	817
Revised Code and the period of the suspension, as determined under	818
divisions (F)(1) to (4) of this section. The suspension shall be	819
subject to appeal as provided in section 4511.197 of the Revised	820
Code. The suspension described in this division does not apply to,	821
and shall not be imposed upon, a person arrested for a violation	822
of section 4511.194 of the Revised Code or a substantially	823
equivalent municipal ordinance who submits to a designated	824
chemical test. The suspension shall be for whichever of the	825
following periods applies:	826

(a) Except when division (C)(1)(b), (c), or (d) of this	827
section applies and specifies a different period, the suspension	828
shall be a class E suspension imposed for the period of time	829
specified in division (B)(5) of section 4510.02 of the Revised	830
Code.	831

(b) The suspension shall be a class C suspension for the	832
period of time specified in division (B)(3) of section 4510.02 of	833
the Revised Code if the person has been convicted of or pleaded	834
guilty to, within six years of the date the test was conducted,	835
one violation of division (A) or (B) of section 4511.19 of the	836
Revised Code or one other equivalent offense.	837

(c) If, within six years of the date the test was conducted,	838
the person has been convicted of or pleaded guilty to two	839
violations of a statute or ordinance described in division	840
(C)(1)(b) of this section, the suspension shall be a class B	841
suspension imposed for the period of time specified in division	842
(B)(2) of section 4510.02 of the Revised Code.	843

(d) If, within six years of the date the test was conducted,	844
the person has been convicted of or pleaded guilty to more than	845
two violations of a statute or ordinance described in division	846
(C)(1)(b) of this section, the suspension shall be a class A	847
suspension imposed for the period of time specified in division	848
(B)(1) of section 4510.02 of the Revised Code.	849

(2) The registrar shall terminate a suspension of the	850
driver's or commercial driver's license or permit of a resident or	851
of the operating privilege of a nonresident, or a denial of a	852
driver's or commercial driver's license or permit, imposed	853
pursuant to division (C)(1) of this section upon receipt of notice	854
that the person has entered a plea of guilty to, or that the	855
person has been convicted after entering a plea of no contest to,	856
operating a vehicle in violation of section 4511.19 of the Revised	857
Code or in violation of a municipal OVI ordinance, if the offense	858
for which the conviction is had or the plea is entered arose from	859
the same incident that led to the suspension or denial.	860

The registrar shall credit against any judicial suspension of	861
a person's driver's or commercial driver's license or permit or	862
nonresident operating privilege imposed pursuant to section	863
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	864
Revised Code for a violation of a municipal OVI ordinance, any	865
time during which the person serves a related suspension imposed	866
pursuant to division (C)(1) of this section.	867

(D)(1) A suspension of a person's driver's or commercial	868
driver's license or permit or nonresident operating privilege	869
under this section for the time described in division (B) or (C)	870
of this section is effective immediately from the time at which	871
the arresting officer serves the notice of suspension upon the	872
arrested person. Any subsequent finding that the person is not	873
guilty of the charge that resulted in the person being requested	874
to take the chemical test or tests under division (A) of this	875
section does not affect the suspension.	876

(2) If a person is arrested for operating a vehicle,	877
streetcar, or trackless trolley in violation of division (A) or	878
(B) of section 4511.19 of the Revised Code or a municipal OVI	879
ordinance, or for being in physical control of a vehicle,	880
streetcar, or trackless trolley in violation of section 4511.194	881
of the Revised Code or a substantially equivalent municipal	882
ordinance, regardless of whether the person's driver's or	883
commercial driver's license or permit or nonresident operating	884
privilege is or is not suspended under division (B) or (C) of this	885
section or Chapter 4510. of the Revised Code, the person's initial	886
appearance on the charge resulting from the arrest shall be held	887
within five days of the person's arrest or the issuance of the	888
citation to the person, subject to any continuance granted by the	889
court pursuant to section 4511.197 of the Revised Code regarding	890
the issues specified in that division.	891

(E) When it finally has been determined under the procedures	892
of this section and sections 4511.192 to 4511.197 of the Revised	893
Code that a nonresident's privilege to operate a vehicle within	894
this state has been suspended, the registrar shall give	895
information in writing of the action taken to the motor vehicle	896
administrator of the state of the person's residence and of any	897
state in which the person has a license.	898

(F) At the end of a suspension period under this section,	899
under section 4511.194, section 4511.196, or division (G) of	900
section 4511.19 of the Revised Code, or under section 4510.07 of	901
the Revised Code for a violation of a municipal OVI ordinance and	902
upon the request of the person whose driver's or commercial	903
driver's license or permit was suspended and who is not otherwise	904
subject to suspension, cancellation, or disqualification, the	905
registrar shall return the driver's or commercial driver's license	906
or permit to the person upon the occurrence of all of the	907
conditions specified in divisions (F)(1) and (2) of this section:	908

(1) A showing that the person has proof of financial	909
responsibility, a policy of liability insurance in effect that	910
meets the minimum standards set forth in section 4509.51 of the	911
Revised Code, or proof, to the satisfaction of the registrar, that	912
the person is able to respond in damages in an amount at least	913
equal to the minimum amounts specified in section 4509.51 of the	914
Revised Code.	915

(2) Subject to the limitation contained in division (F)(3) of	916
this section, payment by the person to the bureau of motor	917
vehicles of a license reinstatement fee of four hundred	918
twenty-five dollars, which fee shall be deposited in the state	919
treasury and credited as follows:	920

(a) One hundred twelve dollars and fifty cents shall be	921
credited to the statewide treatment and prevention fund created by	922
section 4301.30 of the Revised Code. The fund shall be used to	923
pay the costs of driver treatment and intervention programs	924
operated pursuant to sections 3793.02 and 3793.10 of the Revised	925
Code. The director of alcohol and drug addiction services shall	926
determine the share of the fund that is to be allocated to alcohol	927
and drug addiction programs authorized by section 3793.02 of the	928
Revised Code, and the share of the fund that is to be allocated to	929
drivers' intervention programs authorized by section 3793.10 of	930
the Revised Code.	931

(b) Seventy-five dollars shall be credited to the reparations	932
fund created by section 2743.191 of the Revised Code.	933

(c) Thirty-seven dollars and fifty cents shall be credited to	934
the indigent drivers alcohol treatment fund, which is hereby	935
established. Except as otherwise provided in division (F)(2)(c) of	936
this section, moneys in the fund shall be distributed by the	937
department of alcohol and drug addiction services to the county	938
indigent drivers alcohol treatment funds, the county juvenile	939
indigent drivers alcohol treatment funds, and the municipal	940
indigent drivers alcohol treatment funds that are required to be	941
established by counties and municipal corporations pursuant to	942
this section, and shall be used only to pay the cost of an alcohol	943
and drug addiction treatment program attended by an offender or	944
juvenile traffic offender who is ordered to attend an alcohol and	945
drug addiction treatment program by a county, juvenile, or	946
municipal court judge and who is determined by the county,	947
juvenile, or municipal court judge not to have the means to pay	948
for the person's attendance at the program or to pay the costs	949
specified in division (H)(4) of this section in accordance with	950
that division. In addition, a county, juvenile, or municipal court	951
judge may use moneys in the county indigent drivers alcohol	952
treatment fund, county juvenile indigent drivers alcohol treatment	953
fund, or municipal indigent drivers alcohol treatment fund to pay	954
for the cost of the continued use of an electronic continuous	955
alcohol monitoring device as described in divisions (H)(3) and (4)	956
of this section. Moneys in the fund that are not distributed to a	957
county indigent drivers alcohol treatment fund, a county juvenile	958
indigent drivers alcohol treatment fund, or a municipal indigent	959
drivers alcohol treatment fund under division (H) of this section	960
because the director of alcohol and drug addiction services does	961
not have the information necessary to identify the county or	962
municipal corporation where the offender or juvenile offender was	963
arrested may be transferred by the director of budget and	964
management to the statewide treatment and prevention fund created	965
by section 4301.30 of the Revised Code, upon certification of the	966
amount by the director of alcohol and drug addiction services.	967

(d) Seventy-five dollars shall be credited to the Ohio	968
rehabilitation services commission established by section 3304.12	969
of the Revised Code, to the services for rehabilitation fund,	970
which is hereby established. The fund shall be used to match	971
available federal matching funds where appropriate, and for any	972
other purpose or program of the commission to rehabilitate people	973
with disabilities to help them become employed and independent.	974

(e) Seventy-five dollars shall be deposited into the state	975
treasury and credited to the drug abuse resistance education	976
programs fund, which is hereby established, to be used by the	977
attorney general for the purposes specified in division (F)(4) of	978
this section.	979

(f) Thirty dollars shall be credited to the state bureau of	980
motor vehicles fund created by section 4501.25 of the Revised	981
Code.	982

(g) Twenty dollars shall be credited to the trauma and	983
emergency medical services grants fund created by section 4513.263	984
of the Revised Code.	985

(3) If a person's driver's or commercial driver's license or	986
permit is suspended under this section, under section 4511.196 or	987
division (G) of section 4511.19 of the Revised Code, under section	988
4510.07 of the Revised Code for a violation of a municipal OVI	989
ordinance or under any combination of the suspensions described in	990
division (F)(3) of this section, and if the suspensions arise from	991
a single incident or a single set of facts and circumstances, the	992
person is liable for payment of, and shall be required to pay to	993
the bureau, only one reinstatement fee of four hundred twenty-five	994
dollars. The reinstatement fee shall be distributed by the bureau	995
in accordance with division (F)(2) of this section.	996

(4) The attorney general shall use amounts in the drug abuse	997
resistance education programs fund to award grants to law	998
enforcement agencies to establish and implement drug abuse	999
resistance education programs in public schools. Grants awarded to	1000
a law enforcement agency under this section shall be used by the	1001
agency to pay for not more than fifty per cent of the amount of	1002
the salaries of law enforcement officers who conduct drug abuse	1003
resistance education programs in public schools. The attorney	1004
general shall not use more than six per cent of the amounts the	1005
attorney general's office receives under division (F)(2)(e) of	1006
this section to pay the costs it incurs in administering the grant	1007
program established by division (F)(2)(e) of this section and in	1008
providing training and materials relating to drug abuse resistance	1009
education programs.	1010

The attorney general shall report to the governor and the	1011
general assembly each fiscal year on the progress made in	1012
establishing and implementing drug abuse resistance education	1013
programs. These reports shall include an evaluation of the	1014
effectiveness of these programs.	1015

(G) Suspension of a commercial driver's license under	1016
division (B) or (C) of this section shall be concurrent with any	1017
period of disqualification under section 3123.611 or 4506.16 of	1018
the Revised Code or any period of suspension under section 3123.58	1019
of the Revised Code. No person who is disqualified for life from	1020
holding a commercial driver's license under section 4506.16 of the	1021
Revised Code shall be issued a driver's license under Chapter	1022
4507. of the Revised Code during the period for which the	1023
commercial driver's license was suspended under division (B) or	1024
(C) of this section. No person whose commercial driver's license	1025
is suspended under division (B) or (C) of this section shall be	1026
issued a driver's license under Chapter 4507. of the Revised Code	1027
during the period of the suspension.	1028

(H)(1) Each county shall establish an indigent drivers	1029
alcohol treatment fund, each county shall establish a juvenile	1030
indigent drivers alcohol treatment fund, and each municipal	1031
corporation in which there is a municipal court shall establish an	1032
indigent drivers alcohol treatment fund. All revenue that the	1033
general assembly appropriates to the indigent drivers alcohol	1034
treatment fund for transfer to a county indigent drivers alcohol	1035
treatment fund, a county juvenile indigent drivers alcohol	1036
treatment fund, or a municipal indigent drivers alcohol treatment	1037
fund, all portions of fees that are paid under division (F) of	1038
this section and that are credited under that division to the	1039
indigent drivers alcohol treatment fund in the state treasury for	1040
a county indigent drivers alcohol treatment fund, a county	1041
juvenile indigent drivers alcohol treatment fund, or a municipal	1042
indigent drivers alcohol treatment fund, all portions of	1043
additional costs imposed under section 2949.094 of the Revised	1044
Code that are specified for deposit into a county, county	1045
juvenile, or municipal indigent drivers alcohol treatment fund by	1046
that section, and all portions of fines that are specified for	1047
deposit into a county or municipal indigent drivers alcohol	1048
treatment fund by section 4511.193 of the Revised Code shall be	1049
deposited into that county indigent drivers alcohol treatment	1050
fund, county juvenile indigent drivers alcohol treatment fund, or	1051
municipal indigent drivers alcohol treatment fund in accordance	1052
with division (H)(2) of this section. Additionally, all portions	1053
of fines that are paid for a violation of section 4511.19 of the	1054
Revised Code or of any prohibition contained in Chapter 4510. of	1055
the Revised Code, and that are required under section 4511.19 or	1056
any provision of Chapter 4510. of the Revised Code to be deposited	1057
into a county indigent drivers alcohol treatment fund or municipal	1058
indigent drivers alcohol treatment fund shall be deposited into	1059
the appropriate fund in accordance with the applicable division.	1060

(2) That portion of the license reinstatement fee that is	1061
paid under division (F) of this section and that is credited under	1062
that division to the indigent drivers alcohol treatment fund and	1063
that portion of the additional court cost that is imposed under	1064
section 2949.094 of the Revised Code and that is specified by that	1065
section for deposit into the indigent drivers alcohol treatment	1066
fund shall be deposited into a county indigent drivers alcohol	1067
treatment fund, a county juvenile indigent drivers alcohol	1068
treatment fund, or a municipal indigent drivers alcohol treatment	1069
fund as follows:	1070

(a) If theRegarding a suspension in question was imposed	1071
under this section or additional court costs, that portion of the	1072
fee shall be deposited as follows:	1073

(i) If the fee or court cost is paid by a person who was	1074
charged in a county court with the violation that resulted in the	1075
suspension or in the imposition of the court costs, the portion	1076
shall be deposited into the county indigent drivers alcohol	1077
treatment fund under the control of that court;	1078

(ii) If the fee or court cost is paid by a person who was	1079
charged in a juvenile court with the violation that resulted in	1080
the suspension or in the imposition of the court costs, the	1081
portion shall be deposited into the county juvenile indigent	1082
drivers alcohol treatment fund established in the county served by	1083
the court;	1084

(iii) If the fee or court cost is paid by a person who was	1085
charged in a municipal court with the violation that resulted in	1086
the suspension or in the imposition of the court costs, the	1087
portion shall be deposited into the municipal indigent drivers	1088
alcohol treatment fund under the control of that court.	1089

(b) If theRegarding a suspension in question was imposed	1090
under section 4511.19 of the Revised Code or under section 4510.07	1091
of the Revised Code for a violation of a municipal OVI ordinance,	1092
that portion of the fee shall be deposited as follows:	1093

(i) If the fee is paid by a person whose license or permit	1094
was suspended by a county court, the portion shall be deposited	1095
into the county indigent drivers alcohol treatment fund under the	1096
control of that court;	1097

(ii) If the fee is paid by a person whose license or permit	1098
was suspended by a municipal court, the portion shall be deposited	1099
into the municipal indigent drivers alcohol treatment fund under	1100
the control of that court.	1101

(3) Expenditures from a county indigent drivers alcohol	1102
treatment fund, a county juvenile indigent drivers alcohol	1103
treatment fund, or a municipal indigent drivers alcohol treatment	1104
fund shall be made only upon the order of a county, juvenile, or	1105
municipal court judge and only for payment of the cost of the	1106
attendance at an alcohol and drug addiction treatment program of a	1107
person who is convicted of, or found to be a juvenile traffic	1108
offender by reason of, a violation of division (A) of section	1109
4511.19 of the Revised Code or a substantially similar municipal	1110
ordinance, who is ordered by the court to attend the alcohol and	1111
drug addiction treatment program, and who is determined by the	1112
court to be unable to pay the cost of attendance at the treatment	1113
program or for payment of the costs specified in division (H)(4)	1114
of this section in accordance with that division. The alcohol and	1115
drug addiction services board or the board of alcohol, drug	1116
addiction, and mental health services established pursuant to	1117
section 340.02 or 340.021 of the Revised Code and serving the	1118
alcohol, drug addiction, and mental health service district in	1119
which the court is located shall administer the indigent drivers	1120
alcohol treatment program of the court. When a court orders an	1121
offender or juvenile traffic offender to attend an alcohol and	1122
drug addiction treatment program, the board shall determine which	1123
program is suitable to meet the needs of the offender or juvenile	1124
traffic offender, and when a suitable program is located and space	1125
is available at the program, the offender or juvenile traffic	1126
offender shall attend the program designated by the board. A	1127
reasonable amount not to exceed five per cent of the amounts	1128
credited to and deposited into the county indigent drivers alcohol	1129
treatment fund, the county juvenile indigent drivers alcohol	1130
treatment fund, or the municipal indigent drivers alcohol	1131
treatment fund serving every court whose program is administered	1132
by that board shall be paid to the board to cover the costs it	1133
incurs in administering those indigent drivers alcohol treatment	1134
programs.	1135

In addition, a county, juvenile, or municipal court judge may	1136
use moneys in the county indigent drivers alcohol treatment fund,	1137
county juvenile indigent drivers alcohol treatment fund, or	1138
municipal indigent drivers alcohol treatment fund in the following	1139
manners:	1140

(a) If the source of the moneys was an appropriation of the	1141
general assembly, a portion of a fee that was paid under division	1142
(F) of this section, a portion of a fine that was specified for	1143
deposit into the fund by section 4511.193 of the Revised Code, or	1144
a portion of a fine that was paid for a violation of section	1145
4511.19 of the Revised Code or of a provision contained in Chapter	1146
4510. of the Revised Code that was required to be deposited into	1147
the fund, to pay for the continued use of an electronic	1148
continuous alcohol monitoring device by an offender or juvenile	1149
traffic offender, in conjunction with a treatment program	1150
approved by the department of alcohol and drug addiction	1151
services, when such use is determined clinically necessary by the	1152
treatment program and when the court determines that the offender	1153
or juvenile traffic offender is unable to pay all or part of the	1154
daily monitoring or cost of the device;	1155

(b) If the source of the moneys was a portion of an	1156
additional court cost imposed under section 2949.094 of the	1157
Revised Code, to pay for the continued use of an alcohol	1158
monitoring device by an offender or juvenile traffic offender	1159
when the court determines that the offender or juvenile traffic	1160
offender is unable to pay all or part of the daily monitoring or	1161
cost of the device. The moneys may be used for a device as	1162
described in this division if the use of the device is in	1163
conjunction with a treatment program approved by the department	1164
of alcohol and drug addiction services, when the use of the device	1165
is determined clinically necessary by the treatment program, but	1166
the use of a device is not required to be in conjunction with a	1167
treatment program approved by the department in order for the	1168
moneys to be used for the device as described in this division.	1169

(4) If a county, juvenile, or municipal court determines, in	1170
consultation with the alcohol and drug addiction services board or	1171
the board of alcohol, drug addiction, and mental health services	1172
established pursuant to section 340.02 or 340.021 of the Revised	1173
Code and serving the alcohol, drug addiction, and mental health	1174
district in which the court is located, that the funds in the	1175
county indigent drivers alcohol treatment fund, the county	1176
juvenile indigent drivers alcohol treatment fund, or the municipal	1177
indigent drivers alcohol treatment fund under the control of the	1178
court are more than sufficient to satisfy the purpose for which	1179
the fund was established, as specified in divisions (H)(1) to (3)	1180
of this section, the court may declare a surplus in the fund. If	1181
the court declares a surplus in the fund, the court may expend the	1182
amount of the surplus in the fund for:	1183

(a) Alcohol and drug abuse assessment and treatment of	1184
persons who are charged in the court with committing a criminal	1185
offense or with being a delinquent child or juvenile traffic	1186
offender and in relation to whom both of the following apply:	1187

(i) The court determines that substance abuse was a	1188
contributing factor leading to the criminal or delinquent activity	1189
or the juvenile traffic offense with which the person is charged.	1190

(ii) The court determines that the person is unable to pay	1191
the cost of the alcohol and drug abuse assessment and treatment	1192
for which the surplus money will be used.	1193

(b) All or part of the cost of purchasing electronic	1194
continuous alcohol monitoring devices to be used in conjunction	1195
with division (H)(3) of this section.	1196

Sec. 5502.68.  (A) There is hereby created in the state	1197
treasury the drug law enforcement fund. Three dollars and fifty	1198
cents out of each ten-dollar court cost imposed pursuant to	1199
section 2949.094 of the Revised Code shall be credited to the	1200
fund. Money in the fund shall be in an interest-bearing account,	1201
and all interest earned shall be credited to the fund. Money in	1202
the fund shall be used only in accordance with this section to	1203
award grants to counties, municipal corporations, townships,	1204
township police districts, and joint township police districts to	1205
defray the expenses that a drug task force organized in the	1206
county, or in the county in which the municipal corporation,	1207
township, or district is located, incurs in performing its	1208
functions related to the enforcement of the state's drug laws and	1209
other state laws related to illegal drug activity.	1210

The division of criminal justice services shall administer	1211
all money deposited into the drug law enforcement fund and, by	1212
rule adopted under Chapter 119. of the Revised Code, shall	1213
establish procedures for a county, municipal corporation,	1214
township, township police district, or joint township police	1215
district to apply for money from the fund to defray the expenses	1216
that a drug task force organized in the county, or in the county	1217
in which the municipal corporation, township, or district is	1218
located, incurs in performing its functions related to the	1219
enforcement of the state's drug laws and other state laws related	1220
to illegal drug activity, procedures and criteria for determining	1221
eligibility of applicants to be provided money from the fund, and	1222
procedures and criteria for determining the amount of money to be	1223
provided out of the fund to eligible applicants.	1224

(B) The procedures and criteria established under division	1225
(A) of this section for applying for money from the fund shall	1226
include, but shall not be limited to, a provision requiring a	1227
county, municipal corporation, township, township police district,	1228
or joint township police district that applies for money from the	1229
fund to specify in its application the amount of money desired	1230
from the fund, provided that the cumulative amount requested in	1231
all applications submitted for any single drug task force may not	1232
exceed more than two hundred fifty thousand dollars in any	1233
calendar year for that task force.	1234

(C) The procedures and criteria established under division	1235
(A) of this section for determining eligibility of applicants to	1236
be provided money from the fund and for determining the amount of	1237
money to be provided out of the fund to eligible applicants shall	1238
include, but not be limited to, all of the following:	1239

(1) Provisions requiring that, in order to be eligible to be	1240
provided money from the fund, a drug task force that applies for	1241
money from the fund must provide evidence that the drug task force	1242
will receive a local funding match of at least twenty-five per	1243
cent of the task force's projected operating costs in the period	1244
of time covered by the grant;	1245

(2) Provisions requiring that money from the fund be	1246
allocated and provided to drug task forces that apply for money	1247
from the fund in accordance with the following priorities:	1248

(a) Drug task forces that apply, that are in existence on the	1249
date of the application, that are determined to be eligible	1250
applicants, and to which either of the following applies shall be	1251
given first priority to be provided money from the fund:	1252

(i) Drug task forces that received funding through the	1253
division of criminal justice service in calendar year 2007;	1254

(ii) Drug task forces in a county that has a population that	1255
exceeds seven hundred fifty thousand.	1256

(b) If any moneys remain in the fund after all drug task	1257
forces that apply, that are in existence on the date of the	1258
application, that are determined to be eligible applicants, and	1259
that satisfy the criteria set forth in division (C)(2)(a)(i) or	1260
(ii) of this section are provided money from the fund as	1261
described in division (C)(2)(a) of this section, the following	1262
categories of drug task forces that apply and that are determined	1263
to be eligible applicants shall be given priority to be provided	1264
money from the fund in the order in which they apply for money	1265
from the fund:	1266

(i) Drug task forces that are not in existence on the date of	1267
the application;	1268

(ii) Drug task forces that are in existence on the date of	1269
the application but that do not satisfy the criteria set forth in	1270
division (C)(2)(a)(i) or (ii) of this section.	1271

(D) The procedures and criteria established under division	1272
(A) of this section for determining the amount of money to be	1273
provided out of the fund to eligible applicants shall include, but	1274
shall not be limited to, a provision specifying that the	1275
cumulative amount provided to any single drug task force may not	1276
exceed more than two hundred fifty thousand dollars in any	1277
calendar year.	1278

(E) As used in this section, "drug task force" means a drug	1279
task force organized in any county by the sheriff of the county,	1280
the prosecuting attorney of the county, the chief of police of	1281
the organized police department of any municipal corporation or	1282
township in the county, and the chief of police of the police	1283
force of any township police district or joint township police	1284
district in the county to perform functions related to the	1285
enforcement of state drug laws and other state laws related to	1286
illegal drug activity.	1287

Section 2. That existing sections 2151.417, 2151.424,	1288
2901.30, 2949.092, 3313.672, 4511.181, and 4511.191 of the	1289
Revised Code are hereby repealed.	1290

Section 3. This act is hereby declared to be an emergency	1291
measure necessary for the immediate preservation of the public	1292
peace, health, and safety. The reason for such necessity is that	1293
the changes made by this act in sections 2151.417 and 2151.424 of	1294
the Revised Code are crucially needed to be enacted prior to the	1295
end of calendar year 2007 in order to comply with federal	1296
mandates. Therefore, this act shall go into immediate effect.	1297