Section 1. That sections 1547.11, 1547.111, 1547.99, 2929.18, | 46 |
2929.28, 2945.75,
4503.231, 4503.233, 4510.13, 4510.43, 4511.181, | 47 |
4511.19,
4511.191, 4511.192, and 4511.203 be amended and sections | 48 |
4503.235,
4510.45, 4510.46, 4511.198, and
5502.10 of the Revised | 49 |
Code be
enacted to
read as follows: | 50 |
(i) The person is under the influence of alcohol, a drug of | 121 |
abuse, or a combination of them, and, as measured by gas | 122 |
chromatography mass spectrometry, the person has a concentration | 123 |
of marihuana metabolite in the person's urine of at least fifteen | 124 |
nanograms of marihuana metabolite per milliliter of the person's | 125 |
urine or has a concentration of marihuana metabolite in the | 126 |
person's whole blood or blood serum or plasma of at least five | 127 |
nanograms of marihuana metabolite per milliliter of the person's | 128 |
whole blood or blood serum or plasma. | 129 |
(D)(1)(a) In any criminal prosecution or juvenile court | 174 |
proceeding for a violation of division (A) or (B) of this section | 175 |
or for an equivalent offense that is watercraft-related, the | 176 |
result of any test of any blood or urine withdrawn and analyzed at | 177 |
any health care provider, as defined in section 2317.02 of the | 178 |
Revised Code, may be admitted with expert testimony to be | 179 |
considered with any other relevant and competent evidence in | 180 |
determining the guilt or innocence of the defendant. | 181 |
(b) In any criminal prosecution
or juvenile court
proceeding | 182 |
for a violation of
division (A) or (B) of this
section
or
for an | 183 |
equivalent
violationoffense that is watercraft-related, the court | 184 |
may admit evidence on
the concentration of
alcohol,
drugs of | 185 |
abuse, controlled substances, metabolites of a controlled | 186 |
substance,
or a
combination of
them in the
defendant's
or child's | 187 |
whole blood,
blood serum or
plasma, urine,
or
breath at the time | 188 |
of the alleged violation as
shown by
chemical
analysis of the
| 189 |
substance
withdrawn, or
specimen taken
within
three hours of the | 190 |
time of the alleged
violation. The three-hour time limit specified | 191 |
in this division regarding the admission of evidence does not | 192 |
extend or affect the two-hour time limit specified in division (C) | 193 |
of section 1547.111 of the Revised Code as the maximum period of | 194 |
time during which a person may consent to a chemical test or tests | 195 |
as described in that section. The court may admit evidence on the | 196 |
concentration of alcohol, drugs of abuse, or a combination of them | 197 |
as described in this division when | 198 |
When a person submits to a blood, breath, urine, or other | 199 |
bodily substance test, onlyat the request of a law enforcement | 200 |
officer under section 1547.111 of the Revised Code or a blood or | 201 |
urine sample is obtained pursuant to a search warrant. Only a | 202 |
physician,
a
registered nurse, or
a qualified technician,
chemist, | 203 |
or
phlebotomist shall
withdraw blood for the purpose of | 204 |
determining
the alcohol, drug, controlled substance, metabolite of | 205 |
a controlled substance,
or combination
content
of
the whole
blood, | 206 |
blood serum, or blood plasma. This
limitation
does not
apply to | 207 |
the taking
of breath or urine specimens. A
person
authorized to | 208 |
withdraw blood
under this division may refuse
to
withdraw blood
| 209 |
under
this division
if, in
that person's
opinion, the
physical | 210 |
welfare of the
defendant or
child would be
endangered by | 211 |
withdrawing
blood. | 212 |
(2)
In a criminal prosecution or juvenile court
proceeding | 218 |
for a violation of division (A) of this section or for
a
violation | 219 |
of a prohibition that is substantiallyan equivalent to
division | 220 |
(A)
of this sectionoffense that is watercraft-related, if there | 221 |
was at the time the
bodily substance was
taken a
concentration of | 222 |
less than
the
applicable concentration
of
alcohol specified
for a | 223 |
violation of
division (A)(2), (3), (4),
or
(5) of this
section or | 224 |
less than the applicable concentration of a listed controlled | 225 |
substance or a listed metabolite of a controlled substance | 226 |
specified for a violation of division (A)(6) of this section,
that | 227 |
fact may
be considered with other
competent evidence
in | 228 |
determining the
guilt or innocence of the
defendant
or in making | 229 |
an
adjudication
for the child.
This
division
does not limit or | 230 |
affect a
criminal
prosecution or
juvenile court
proceeding for a | 231 |
violation of
division
(B) of this
section or for
a violation of a | 232 |
prohibition
that is
substantially
equivalent to
that division. | 233 |
TheIf the chemical test was administered pursuant to | 238 |
division (D)(1)(b) of this section, the person tested may have a | 239 |
physician,
a registered nurse,
or
a qualified technician, chemist, | 240 |
or
phlebotomist of the
person's own
choosing administer
a chemical | 241 |
test or tests in
addition to any administered at the
direction of | 242 |
a law enforcement
officer, and shall be so advised.
The failure or | 243 |
inability to
obtain an additional test by a person
shall not | 244 |
preclude the
admission of evidence relating to the test
or tests | 245 |
taken at the
direction of a law enforcement officer. | 246 |
(E)(1) In any criminal prosecution or juvenile court | 247 |
proceeding for a violation of division (A) or (B) of this section | 248 |
or for an equivalent violation, of a municipal ordinance relating | 249 |
to operating or being in physical control of any vessel underway | 250 |
or to manipulating any water skis, aquaplane, or similar device on | 251 |
the waters of this state while under the influence of alcohol, a | 252 |
drug of abuse, or a combination of them, or of a municipal | 253 |
ordinance relating to operating or being in physical control of | 254 |
any vessel underway or to manipulating any water skis, aquaplane, | 255 |
or similar device on the waters of this state with a prohibited | 256 |
concentration of alcohol, a controlled substance, or a metabolite | 257 |
of a controlled substance in the whole blood, blood serum or | 258 |
plasma, breath, or urine, if a law enforcement officer has | 259 |
administered a field
sobriety test to the operator or person found | 260 |
to be in physical
control of the vessel underway involved in the | 261 |
violation or the
person manipulating the water skis, aquaplane, or | 262 |
similar device
involved in the violation and if it is shown by | 263 |
clear and convincing evidence that the officer
administered the | 264 |
test
in substantial compliance with the testing
standards for | 265 |
reliable, credible, and generally accepted field
sobriety tests | 266 |
for vehicles that were in effect at the time the
tests were | 267 |
administered, including, but not limited to, any
testing standards | 268 |
then in effect that have been set by the
national
highway traffic | 269 |
safety administration, that by their
nature are not
clearly | 270 |
inapplicable regarding the operation or
physical control
of | 271 |
vessels underway or the manipulation of water
skis, aquaplanes,
or | 272 |
similar devices, all of the following apply: | 273 |
(F)(1)
Subject to division
(F)(3) of this section, in
any | 292 |
criminal prosecution or juvenile court proceeding for a violation | 293 |
of division (A) or (B) of this
section or for an equivalent | 294 |
violationoffense that is substantially equivalent to either of | 295 |
those divisions, the court shall
admit as prima-facie
evidence a | 296 |
laboratory report from any
laboratory
personnel issued a permit by | 297 |
the department of health authorizing an analysis as described in | 298 |
this division that
contains an analysis of
the whole blood, blood | 299 |
serum or plasma,
breath, urine, or other
bodily substance tested | 300 |
and that contains
all of the information
specified in this | 301 |
division. The laboratory
report shall contain
all of the | 302 |
following: | 303 |
(2) Notwithstanding any other provision of law regarding the | 321 |
admission of
evidence, a report of
the type described in division | 322 |
(F)(1) of this section is not
admissible against the
defendant
or | 323 |
child to whom it pertains in any proceeding, other than a | 324 |
preliminary
hearing or a grand jury proceeding, unless the | 325 |
prosecutor has served a copy of the report on the
defendant's or | 326 |
child's attorney or, if the defendant or child has no attorney,
on | 327 |
the defendant or child. | 328 |
(3) A report of the type described in division
(F)(1) of
this | 329 |
section shall not be prima-facie evidence of the contents, | 330 |
identity, or amount of any substance if, within seven days after | 331 |
the defendant or child to whom the report pertains or the | 332 |
defendant's
or child's attorney receives a copy of the report, the | 333 |
defendant or child or
the defendant's or child's attorney demands | 334 |
the testimony of the person who
signed the report. The judge in | 335 |
the case may extend the seven-day
time limit in the interest of | 336 |
justice. | 337 |
(G) Except as otherwise provided in this division, any | 338 |
physician, registered nurse, or qualified technician,
chemist,
or | 339 |
phlebotomist who withdraws blood from a person
pursuant to this | 340 |
section or section 1547.111 of the Revised Code, and a hospital, | 341 |
first-aid station, or clinic at which
blood is withdrawn from a | 342 |
person pursuant to this section or section 1547.111 of the Revised | 343 |
Code, is
immune from criminal
and
civil liability
based upon a | 344 |
claim of
assault and battery or
any
other
claim that is not
a | 345 |
claim of
malpractice, for
any
act performed in withdrawing blood | 346 |
from the
person.
The immunity
provided in this division is not | 347 |
available to
a person who
withdraws blood if the person engages in | 348 |
willful or
wanton
misconduct. | 349 |
(H) Division (A)(6) of this section does not apply to a | 350 |
person who operates or is in physical control of a vessel underway | 351 |
or manipulates any water skis, aquaplane, or similar device while | 352 |
the person has a concentration of a listed controlled substance or | 353 |
a listed metabolite of a controlled substance in the person's | 354 |
whole blood, blood serum or plasma, or urine that equals or | 355 |
exceeds the amount specified in that division, if both of the | 356 |
following apply: | 357 |
(b) A violation of a municipal ordinance prohibiting a person | 386 |
from operating or being in physical control of any vessel underway | 387 |
or from manipulating any water skis, aquaplane, or similar device | 388 |
on the waters of this state while under the influence of alcohol, | 389 |
a drug of abuse, or a combination of them or prohibiting a person | 390 |
from operating or being in physical control of any vessel underway | 391 |
or from manipulating any water skis, aquaplane, or similar device | 392 |
on the waters of this state with a prohibited concentration of | 393 |
alcohol, a controlled substance, or a metabolite of a controlled | 394 |
substance in the whole blood, blood serum or plasma, breath, or | 395 |
urine; | 396 |
Sec. 1547.111. (A)(1)(a) Any person who operates
or is in | 402 |
physical
control of a vessel or
manipulates any water skis, | 403 |
aquaplane, or
similar device upon any waters
in this state shall | 404 |
be deemed to
have given consent to a chemical
test or tests
to | 405 |
determine the
alcohol, drug of abuse,
controlled substance, | 406 |
metabolite of a controlled substance, or
combination content
of | 407 |
the person's whole blood, blood serum or plasma,
breath, or
urine | 408 |
if arrested
for
operating
or being
in physical
control of a vessel | 409 |
or
manipulating any water
skis,
aquaplane, or
similar device in | 410 |
violation of section 1547.11
of
the Revised Code
or a | 411 |
substantially equivalent municipal
ordinance. | 412 |
(2)(b)
The test or tests
under division (A)(1) of this | 413 |
section
shall be
administered at the
directionrequest of a law | 414 |
enforcement
officer having reasonable grounds
to believe the | 415 |
person
was
operating
or in
physical control of a vessel or
| 416 |
manipulating
any
water skis, aquaplane, or similar device in | 417 |
violation of
section
1547.11 of the Revised Code
or a | 418 |
substantially equivalent
municipal
ordinance. The law enforcement | 419 |
agency
by which the
officer is employed shall designate which
test | 420 |
or tests shall be
administered. | 421 |
(B)(1) If a law enforcement officer arrests a person for | 427 |
operating or being in physical control of a vessel or manipulating | 428 |
any water skis, aquaplane, or similar device in violation of | 429 |
section 1547.11 of the Revised Code or a substantially equivalent | 430 |
municipal ordinance and if the person previously has been | 431 |
convicted of or pleaded guilty to two or more violations of | 432 |
section 1547.11 of the Revised Code or other equivalent offenses, | 433 |
the law enforcement officer shall request the person to submit, | 434 |
and the person shall submit, to a chemical test or tests of the | 435 |
person's whole blood, blood serum or plasma, breath, or urine for | 436 |
the purpose of determining the alcohol, drug of abuse, controlled | 437 |
substance, metabolite of a controlled substance, or combination | 438 |
content of the person's whole blood, blood serum or plasma, | 439 |
breath, or urine. A law enforcement officer who makes a request | 440 |
pursuant to this division that a person submit to a chemical test | 441 |
or tests shall advise the person at the time of
the arrest that | 442 |
if the person refuses to take a chemical test the officer may | 443 |
employ whatever reasonable means are necessary to ensure that the | 444 |
person submits to a chemical test of the person's whole blood or | 445 |
blood serum or plasma. The officer shall also advise the person at | 446 |
the time of the arrest that the person may have an independent | 447 |
chemical test taken at the person's own expense. The advice shall | 448 |
be in written form prescribed by the chief of the division of | 449 |
watercraft and shall be read to the person. The form shall contain | 450 |
a statement that the form was shown to the person under arrest and | 451 |
read to the person by the arresting officer. The reading of the | 452 |
form shall be witnessed by one or more persons, and the witnesses | 453 |
shall certify to this fact by signing the form. Divisions | 454 |
(A)(1)(b) and (A)(2) of this section apply to the
administration | 455 |
of a chemical test or tests pursuant to this
division. | 456 |
(2) If a person refuses to submit to a chemical test upon a | 457 |
request made pursuant to division (B)(1) of this section, the law | 458 |
enforcement officer who made the request may employ whatever | 459 |
reasonable means are necessary to ensure that the person submits | 460 |
to a chemical test of the person's whole blood or blood serum or | 461 |
plasma. A law enforcement officer who acts pursuant to this | 462 |
division to ensure that a person submits to a chemical test of the | 463 |
person's whole blood or blood serum or plasma is immune from | 464 |
criminal and civil liability based upon a claim for assault and | 465 |
battery or any other claim for the acts, unless the officer so | 466 |
acted with malicious purpose, in bad faith, or in a wanton or | 467 |
reckless manner. | 468 |
(C) Any person under arrest for
violating section 1547.11
of | 469 |
the
Revised Code
or a
substantially equivalent municipal | 470 |
ordinance
shall be advised
of
the consequences of refusing to | 471 |
submit to a
chemical test
or tests
designated
as provided in | 472 |
division
(A) of
this section. The advice shall be in a written | 473 |
form
prescribed by
the chief of the division of watercraft and | 474 |
shall
be
read to the
person. The form shall contain a statement | 475 |
that
the
form was shown
to the person under arrest and read to | 476 |
the
person
by the arresting
officer. The
reading of the form | 477 |
shall
be witnessed by one or
more
persons, and the witnesses shall | 478 |
certify to this fact by
signing
the form. The person must submit | 479 |
to the chemical test or tests,
subsequent to the request of the | 480 |
arresting officer, within two
hours of the time of the alleged | 481 |
violation, and if the person does
not submit to the test or tests | 482 |
within that two-hour time limit,
the failure to submit | 483 |
automatically constitutes a refusal to
submit to the test or | 484 |
tests. | 485 |
(D) If
a
law enforcement officer asks a person under arrest | 486 |
for
violating
section
1547.11 of the Revised Code
or a | 487 |
substantially equivalent
municipal
ordinance to submit to a | 488 |
chemical test
or tests as
provided in
division
(A) of this | 489 |
section,
if the arresting
officer
advises
the person of the | 490 |
consequences of
the
person's refusal as
provided in division (C) | 491 |
of
this section,
and if the person
refuses to submit, no chemical | 492 |
test
shall be
given.
Upon receipt
of
a sworn statement of
the
| 493 |
officer that the
arresting law
enforcement officer had
reasonable | 494 |
grounds to believe the arrested
person
violated section 1547.11 | 495 |
of the Revised Code or
a
substantially
equivalent municipal | 496 |
ordinance and that the person
refused to
submit to the chemical | 497 |
test upon
the
request of the
officer, and upon receipt of the | 498 |
form as provided in
division (C)
of this section certifying that | 499 |
the arrested person
was advised of
the consequences of the | 500 |
refusal,
the chief of the
division of
watercraft shall inform the | 501 |
person by written notice
that the
person is prohibited from | 502 |
operating
or being in physical
control
of a
vessel,
from
| 503 |
manipulating
any
water skis,
aquaplane, or
similar device, and | 504 |
from
registering
any watercraft
in accordance
with section | 505 |
1547.54
of
the Revised
Code, for one
year following
the date of | 506 |
the
alleged
violation.
The suspension of these
operation,
physical | 507 |
control,
manipulation, and
registration
privileges
shall
continue | 508 |
for
the entire
one-year
period, subject
to review as
provided in | 509 |
this
section. | 510 |
If the person under arrest is the owner of the vessel | 511 |
involved in the alleged violation, the
law enforcement officer who | 512 |
arrested the person shall
seize the watercraft registration | 513 |
certificate and tags from the
vessel involved in the violation and | 514 |
forward them to the chief. The chief shall retain the
impounded | 515 |
registration certificate and tags and shall impound
all other | 516 |
registration
certificates and tags issued to the person in | 517 |
accordance with sections 1547.54 and 1547.57 of the Revised Code, | 518 |
for a period of one year following the date of the alleged | 519 |
violation,
subject to review as provided in this section. | 520 |
If the arrested person fails to surrender the
registration | 521 |
certificate because it is not on the person of the
arrested person | 522 |
or in the watercraft, the law enforcement
officer who made the | 523 |
arrest shall order the person to
surrender it within twenty-four | 524 |
hours to the law enforcement officer or the
law enforcement agency | 525 |
that employs the law enforcement officer.
If the person fails to | 526 |
do so, the law
enforcement officer shall notify the chief of that | 527 |
fact in the
statement the officer submits to the chief under this | 528 |
division. | 529 |
(E) Upon suspending a person's operation,
physical control,
| 530 |
manipulation,
and
registration privileges in accordance with | 531 |
division (D)
of this
section, the chief shall notify the
person in | 532 |
writing, at
the person's last known address, and
inform the person | 533 |
that the
person may
petition for a hearing in accordance with | 534 |
division (F)
of this section. If a
person whose operation, | 535 |
physical control,
manipulation,
and registration
privileges
have | 536 |
been suspended
petitions for
a hearing or appeals any
adverse | 537 |
decision, the suspension
shall
begin at the
termination
of any | 538 |
hearing or appeal unless the
hearing or appeal
results in a | 539 |
decision
favorable to the person. | 540 |
(F) Any person who has been notified by the chief that the | 541 |
person is prohibited from
operating
or being in physical control | 542 |
of a vessel or
manipulating any
water skis, aquaplane, or
similar | 543 |
device
and
from registering any watercraft in accordance
with | 544 |
section
1547.54 of the Revised Code, or who has had the | 545 |
registration
certificate and tags of the person's watercraft | 546 |
impounded
pursuant
to
division (D) of this section, within twenty | 547 |
days of the
notification or impoundment, may file a petition in | 548 |
the municipal
court or the county court, or if the person is a | 549 |
minor
in juvenile
court,
with jurisdiction
over the place
at
which | 550 |
the
arrest
occurred,
agreeing to pay the cost of the
proceedings | 551 |
and
alleging
error in
the action taken by the chief
under
division | 552 |
(D)
of this
section or alleging one or more of the
matters within | 553 |
the
scope of
the hearing as provided in this
section, or both. The | 554 |
petitioner
shall notify the chief of the
filing of the
petition | 555 |
and send
the
chief a copy of the petition. | 556 |
The scope of the hearing is limited to the issues of
whether | 557 |
the law enforcement officer had reasonable grounds to
believe the | 558 |
petitioner was operating
or in physical control of a vessel
or
| 559 |
manipulating any water
skis, aquaplane, or similar device
in | 560 |
violation of
section 1547.11
of the Revised Code or a | 561 |
substantially equivalent municipal
ordinance,
whether the | 562 |
petitioner was placed under arrest, whether
the petitioner
refused | 563 |
to submit to the chemical test upon request
of the
officer, and | 564 |
whether the petitioner was advised of the
consequences of the | 565 |
petitioner's refusal. | 566 |
(2) In hearing the matter and in determining whether the | 570 |
person has shown error in the decision taken by the chief as | 571 |
provided in
division (D) of this
section, the court shall decide | 572 |
the issue upon the relevant,
competent, and material evidence | 573 |
submitted by the chief or the person whose
operation,
physical | 574 |
control,
manipulation,
and
registration privileges have been | 575 |
suspended. | 576 |
In the proceedings, the chief shall be represented by
the | 577 |
prosecuting attorney of the county in which the petition is
filed | 578 |
if the petition is filed in a county court or juvenile
court, | 579 |
except that if the arrest occurred within a city or
village within | 580 |
the jurisdiction of the county court in which the
petition is | 581 |
filed, the city director of law or village solicitor
of that city | 582 |
or village shall represent the chief. If the
petition is filed in | 583 |
the municipal court, the chief shall be
represented as provided in | 584 |
section 1901.34 of the
Revised
Code. | 585 |
(3) If the court finds from the evidence submitted that
the | 586 |
person has failed to show error in the action taken by the
chief | 587 |
under division (D) of this
section or in one or more of the | 588 |
matters within the scope of the
hearing as provided in division | 589 |
(F) of this section, or both,
the court shall assess the cost of | 590 |
the proceeding against
the person and shall uphold the suspension | 591 |
of the operation,
physical
control, use, and registration | 592 |
privileges provided in division (D)
of this
section. If the court | 593 |
finds that the person has shown error in
the action taken by the | 594 |
chief under
division (D) of this section or in one or more of the | 595 |
matters
within the scope of the hearing as provided in division | 596 |
(F) of
this section, or both, the cost of the proceedings shall be | 597 |
paid
out of the county treasury of the county in which the | 598 |
proceedings
were held,
the chief shall reinstate the operation, | 599 |
physical
control,
manipulation,
and registration privileges of
the | 600 |
person
without charge, and
the chief shall
return the
registration | 601 |
certificate and tags, if impounded,
without charge. | 602 |
(H) At the end of any period of suspension or impoundment | 605 |
imposed under this section, and upon request of the person whose | 606 |
operation,
physical control, use,
and registration privileges
were | 607 |
suspended or
whose registration certificate and tags were | 608 |
impounded, the chief
shall reinstate the person's
operation, | 609 |
physical control,
manipulation, and registration privileges by | 610 |
written
notice and
return the certificate and tags. | 611 |
(I) No person who has received written notice from the
chief | 612 |
that the person is
prohibited from operating
or being in physical | 613 |
control of a vessel,
from
manipulating any water skis,
aquaplane, | 614 |
or
similar
device, and from registering a watercraft,
or who has | 615 |
had
the
registration certificate and tags of the
person's | 616 |
watercraft
impounded, in
accordance with division (D) of
this | 617 |
section, shall
operate
or be in
physical control of a vessel
or
| 618 |
manipulate any water
skis, aquaplane, or
similar device for
a | 619 |
period of one year
following the date of the person's
alleged | 620 |
violation of section
1547.11 of the Revised Code
or the | 621 |
substantially equivalent
municipal ordinance. | 622 |
(F) Whoever violates division (M) of section 1547.54, | 638 |
division (G) of section 1547.30, or section 1547.131, 1547.25, | 639 |
1547.33, 1547.38, 1547.39, 1547.40,
1547.65, 1547.69, or 1547.92 | 640 |
of the
Revised Code or a rule adopted under division (A)(2) of | 641 |
section
1547.52 of the Revised Code is guilty of a misdemeanor of | 642 |
the
fourth degree. | 643 |
The court may suspend the execution of the mandatory
jail | 653 |
term of three
consecutive days
that it is required
to impose by | 654 |
division (G)(1) of this section if the court, in
lieu
of the | 655 |
suspended
jail term, places the offender
under a community control | 656 |
sanction pursuant to section
2929.25 of the Revised Code
and | 657 |
requires the
offender to attend,
for three consecutive days, a | 658 |
drivers'
intervention program that
is certified pursuant to | 659 |
section
3793.10 of the Revised Code. The
court also may suspend | 660 |
the
execution of any part of the mandatory
jail term of three | 661 |
consecutive days
that it is
required to impose by division
(G)(1) | 662 |
of this section if
the court
places the offender
under a community | 663 |
control
sanction pursuant to section 2929.25 of the Revised Code | 664 |
for
part
of the three
consecutive days; requires the offender to | 665 |
attend,
for that part
of the three consecutive days, a drivers' | 666 |
intervention program
that is certified pursuant to section 3793.10 | 667 |
of the Revised
Code; and sentences the offender to a
jail term
| 668 |
equal
to the remainder of the three consecutive days
that the | 669 |
offender
does not spend attending the drivers'
intervention | 670 |
program. The
court may require the offender, as a
condition of
| 671 |
community control, to
attend and
satisfactorily complete any | 672 |
treatment or education
programs, in
addition to the required | 673 |
attendance at a drivers'
intervention
program, that the operators | 674 |
of the drivers'
intervention program
determine that the offender | 675 |
should attend
and to report
periodically to the court on the | 676 |
offender's progress
in the
programs. The court also may impose
any | 677 |
other conditions of
community control on the offender that it | 678 |
considers
necessary. | 679 |
(2) If, within
six years of the offense, the offender
has | 680 |
been convicted of or pleaded guilty to one violation of
section | 681 |
1547.11 of the Revised Code, of a municipal ordinance
relating to | 682 |
operating a watercraft or manipulating any water skis,
aquaplane, | 683 |
or similar device while under the influence of alcohol,
a drug of | 684 |
abuse, or
a combination of
them, of a municipal ordinance
relating | 685 |
to operating a watercraft
or manipulating any water
skis, | 686 |
aquaplane, or similar device with
a prohibited
concentration of | 687 |
alcohol, a controlled substance, or a metabolite of a controlled | 688 |
substance in the
whole blood,
blood
serum or plasma, breath, or | 689 |
urine, of division
(A)(1) of
section
2903.06 of the Revised Code, | 690 |
or of division
(A)(2), (3),
or (4) of
section 2903.06 of the | 691 |
Revised Code
or
section
2903.06 or
2903.07 of the Revised Code
as | 692 |
they existed prior to March 23,
2000, in a case in which
the jury | 693 |
or judge found that the offender
was under the influence
of | 694 |
alcohol, a drug of abuse, or
a combination of themor one other | 695 |
equivalent offense, the
court
shall
sentence the offender to a | 696 |
jail term
of
ten
consecutive
days and may sentence the offender | 697 |
pursuant to
section
2929.24 of
the Revised Code to a longer
jail | 698 |
term. In
addition,
the court shall impose upon the
offender a fine | 699 |
of not
less than
one hundred fifty nor more than
one thousand | 700 |
dollars. | 701 |
(3) If, within
six years of the offense, the offender
has | 706 |
been convicted of or pleaded guilty to more than one violation or | 707 |
offense
identified in
division (G)(2) of this section,
the court | 708 |
shall
sentence the offender to a
jail term
of thirty
consecutive | 709 |
days and may sentence the
offender to a longer
jail
term
of not | 710 |
more than one
year. In addition, the
court
shall impose upon the | 711 |
offender a
fine of not less than one
hundred
fifty nor more than | 712 |
one
thousand dollars. | 713 |
(4) Upon a showing that
serving a jail term
would seriously | 718 |
affect
the ability of an offender sentenced
pursuant to division | 719 |
(G)(1),
(2), or (3) of this section to
continue the offender's | 720 |
employment,
the court may authorize that
the offender be granted | 721 |
work release
after the
offender has served the
mandatory jail term | 722 |
of three, ten,
or
thirty consecutive days
that the court is | 723 |
required
by division (G)(1), (2), or (3) of this section to | 724 |
impose. No
court shall authorize work release
during the
mandatory | 725 |
jail term of
three, ten, or thirty consecutive days
that the
court | 726 |
is required by division (G)(1), (2),
or (3) of
this section
to | 727 |
impose. The duration of the work
release shall
not exceed the
time | 728 |
necessary each day for the
offender to
commute to and from
the | 729 |
place of employment and the
place
in which the jail term is served | 730 |
and the
time
actually spent under employment. | 731 |
(5) Notwithstanding any section of the Revised Code that | 732 |
authorizes the suspension of the imposition or execution of a | 733 |
sentence or the placement of an offender in any treatment program | 734 |
in lieu of
being imprisoned or serving a jail term,
no court shall | 735 |
suspend the
mandatory jail term of ten or thirty
consecutive days
| 736 |
required to be imposed by
division (G)(2) or (3) of this section | 737 |
or place an offender who
is
sentenced pursuant to division (G)(2) | 738 |
or (3) of this section
in
any treatment program in lieu of
being | 739 |
imprisoned or
serving a jail term until after the
offender has | 740 |
served the
mandatory jail term of ten or thirty consecutive days
| 741 |
required to be imposed pursuant to division (G)(2)
or
(3) of this | 742 |
section. Notwithstanding any section of the
Revised
Code that | 743 |
authorizes the suspension of the imposition or
execution
of a | 744 |
sentence or the placement of an offender in any
treatment
program | 745 |
in lieu of
being imprisoned or serving a jail
term, no court, | 746 |
except as
specifically
authorized by division
(G)(1) of this | 747 |
section, shall
suspend the
mandatory jail term of
three | 748 |
consecutive days
required to be
imposed by
division (G)(1) of this | 749 |
section or place an offender
who is
sentenced pursuant to division | 750 |
(G)(1) of this section in
any
treatment program in lieu of | 751 |
imprisonment until after the
offender
has served the
mandatory | 752 |
jail term of three consecutive days
required to
be imposed | 753 |
pursuant to division (G)(1) of
this
section. | 754 |
(H) Whoever violates section 1547.304 of the Revised Code
is | 760 |
guilty of a misdemeanor of the fourth degree and also shall be | 761 |
assessed any costs incurred by the state or a county, township, | 762 |
municipal corporation, or other political subdivision in
disposing | 763 |
of an abandoned junk vessel or outboard motor, less any
money | 764 |
accruing to the state, county, township, municipal
corporation, or | 765 |
other political subdivision from that
disposal. | 766 |
(L) The sentencing court, in addition to the penalty
provided | 779 |
under this section for a violation of this chapter or a
rule | 780 |
adopted under it
that involves a powercraft powered by more
than | 781 |
ten horsepower and that, in
the opinion of the court,
involves a | 782 |
threat to the safety of persons or
property, shall
order the | 783 |
offender to complete successfully a boating course
approved by the | 784 |
national association of state boating law
administrators
before | 785 |
the offender is allowed to operate a
powercraft powered by more | 786 |
than
ten horsepower on the waters in
this state. Violation of a | 787 |
court order
entered under this
division is punishable as contempt | 788 |
under Chapter
2705. of the
Revised Code. | 789 |
Sec. 2929.18. (A) Except as otherwise provided in this | 790 |
division and in addition to imposing court costs pursuant to | 791 |
section 2947.23
of the Revised Code, the court imposing a sentence | 792 |
upon an offender for a
felony may sentence the offender to any | 793 |
financial sanction or combination of
financial
sanctions | 794 |
authorized under this section or, in the circumstances specified | 795 |
in section
2929.32 of the Revised Code, may impose upon
the | 796 |
offender a fine in accordance with that section.
Financial | 797 |
sanctions
that may be imposed pursuant to this section
include, | 798 |
but are
not limited to, the following: | 799 |
(1) Restitution by the offender to the victim of the | 800 |
offender's crime or any survivor of the victim, in an amount
based | 801 |
on the victim's economic loss. If the court imposes restitution, | 802 |
the court shall order that the
restitution be made
to the victim | 803 |
in open court, to the adult
probation department that serves
the | 804 |
county
on behalf of the
victim, to the clerk of courts, or to | 805 |
another agency
designated by
the court. If the court imposes | 806 |
restitution, at sentencing, the court shall determine
the
amount | 807 |
of
restitution to be made by the offender.
If the court imposes | 808 |
restitution, the court may
base the amount of restitution it | 809 |
orders on an amount recommended
by the victim, the offender, a | 810 |
presentence investigation report,
estimates or receipts indicating | 811 |
the cost of repairing or
replacing property, and other | 812 |
information, provided that the amount the court orders as | 813 |
restitution shall not exceed the amount of the economic loss | 814 |
suffered by the victim as a direct and proximate result of the | 815 |
commission of the offense. If the court decides to impose | 816 |
restitution, the court shall hold a
hearing on restitution if the | 817 |
offender, victim, or survivor
disputes the amount. All
restitution | 818 |
payments
shall be credited
against any recovery of
economic loss | 819 |
in a
civil action brought by
the victim or any
survivor of the | 820 |
victim
against the offender. | 821 |
(2) Except as provided in division (B)(1), (3), or (4) of | 831 |
this section, a fine payable by the offender to the state, to a | 832 |
political subdivision, or as described in division (B)(2)
of this | 833 |
section to one or more law enforcement agencies, with the
amount | 834 |
of the fine based on a standard percentage of the
offender's daily | 835 |
income over a period of time determined by the
court and based | 836 |
upon the seriousness of the offense. A fine
ordered under this | 837 |
division shall not exceed the
maximum conventional fine
amount | 838 |
authorized for
the level of the offense under division
(A)(3) of | 839 |
this section. | 840 |
(b) If the offender is sentenced to a sanction of
confinement | 875 |
pursuant to
section 2929.14 or 2929.16 of the Revised
Code that is | 876 |
to be served in a facility
operated by a board of
county | 877 |
commissioners, a legislative authority of a
municipal
corporation, | 878 |
or another local governmental entity,
if, pursuant to
section | 879 |
307.93, 341.14, 341.19,
341.23,
753.02, 753.04, 753.16,
2301.56, | 880 |
or 2947.19 of the Revised
Code
and section 2929.37 of the
Revised | 881 |
Code,
the
board,
legislative
authority, or other local | 882 |
governmental
entity requires
prisoners
to
reimburse
the county, | 883 |
municipal
corporation,
or other entity
for
its expenses incurred | 884 |
by reason
of the
prisoner's confinement,
and if the
court
does not | 885 |
impose a
financial
sanction under
division (A)(5)(a)(ii)
of this | 886 |
section,
confinement
costs may be
assessed pursuant to section | 887 |
2929.37 of
the Revised Code. In
addition, the offender may be | 888 |
required to pay
the fees specified
in section 2929.38 of the | 889 |
Revised Code in
accordance with that
section. | 890 |
(B)(1) For a first, second, or third degree
felony violation | 893 |
of any provision of Chapter 2925.,
3719., or 4729. of the Revised | 894 |
Code, the
sentencing court shall impose upon the offender a | 895 |
mandatory fine
of at least one-half of, but not more than, the | 896 |
maximum statutory
fine amount authorized for the level of the | 897 |
offense pursuant to
division (A)(3) of this section. If an | 898 |
offender alleges in an affidavit filed
with the court prior
to | 899 |
sentencing that the offender is indigent and unable to pay the | 900 |
mandatory fine and if the court determines the offender is an | 901 |
indigent person and is unable to pay the mandatory fine described | 902 |
in this
division, the court shall not impose the mandatory fine | 903 |
upon the offender. | 904 |
(4) Notwithstanding any fine
otherwise authorized or
required | 918 |
to be imposed under division
(A)(2) or (3) or (B)(1) of
this | 919 |
section or section 2929.31
of the Revised Code for a
violation of | 920 |
section 2925.03 of the Revised Code, in
addition to
any
penalty or | 921 |
sanction imposed for that offense under section
2925.03 or | 922 |
sections 2929.11 to 2929.18 of the
Revised Code and in
addition to | 923 |
the
forfeiture of property in connection with the
offense as | 924 |
prescribed in Chapter 2981. of the
Revised Code, the court that | 925 |
sentences
an offender for a violation
of section 2925.03 of
the | 926 |
Revised Code may impose upon the
offender a fine in addition to | 927 |
any fine imposed under division
(A)(2) or (3) of this section
and | 928 |
in addition to any mandatory
fine imposed under division
(B)(1) of | 929 |
this section. The fine
imposed under division
(B)(4) of this | 930 |
section shall be used as
provided in division
(H) of section | 931 |
2925.03 of the Revised Code.
A
fine
imposed under division (B)(4) | 932 |
of this section shall not
exceed
whichever of the following is | 933 |
applicable: | 934 |
(b) If the offender has no interest
in any property of the | 941 |
type described in division
(B)(4)(a) of this section or if it is | 942 |
not possible to
ascertain whether
the offender has an interest in | 943 |
any property of that type in
which the offender may have an | 944 |
interest, the amount of the
mandatory fine for the offense imposed | 945 |
under division
(B)(1) of this section or, if no mandatory fine is | 946 |
imposed under
division (B)(1) of this section, the amount of the | 947 |
fine authorized
for the level of the offense
imposed under | 948 |
division (A)(3) of this section. | 949 |
(5) Prior to imposing a fine under division
(B)(4) of this | 950 |
section, the
court shall determine whether the offender has an | 951 |
interest in
any property of the type described in division | 952 |
(B)(4)(a) of this section. Except as provided in
division (B)(6) | 953 |
or (7) of this section,
a fine that is authorized and imposed | 954 |
under division
(B)(4) of this section does not
limit or affect the | 955 |
imposition of the penalties and sanctions
for a violation of | 956 |
section 2925.03 of the Revised Code
prescribed under
those | 957 |
sections
or sections 2929.11 to 2929.18 of the
Revised Code and | 958 |
does not limit or
affect a forfeiture of property in connection | 959 |
with the offense
as prescribed in Chapter 2981. of
the
Revised | 960 |
Code. | 961 |
(6) If the sum total of a mandatory fine amount imposed
for
a | 962 |
first, second, or third degree felony violation of section
2925.03 | 963 |
of the Revised Code under division
(B)(1) of this section
plus the | 964 |
amount of any fine imposed under division
(B)(4) of this
section | 965 |
does not
exceed the maximum statutory fine amount
authorized for | 966 |
the
level of the offense under division (A)(3) of
this section or | 967 |
section 2929.31 of the Revised Code, the court may
impose a
fine | 968 |
for the offense in addition to the mandatory fine
and the
fine | 969 |
imposed under division (B)(4) of this section. The
sum total of | 970 |
the amounts of the mandatory fine, the fine imposed
under division | 971 |
(B)(4) of this
section, and the additional fine
imposed under | 972 |
division
(B)(6) of this section shall
not exceed the
maximum | 973 |
statutory fine amount authorized for the
level of the
offense | 974 |
under division (A)(3) of this section or
section 2929.31
of the | 975 |
Revised Code. The clerk of the court
shall pay any fine
that is | 976 |
imposed under division
(B)(6) of this section to the
county, | 977 |
township, municipal
corporation, park district as
created
pursuant | 978 |
to section 511.18 or 1545.04 of the
Revised Code, or
state law | 979 |
enforcement
agencies in this state that primarily were
responsible | 980 |
for or
involved in making the arrest of, and in
prosecuting, the | 981 |
offender pursuant to division (F) of section
2925.03 of the | 982 |
Revised Code. | 983 |
(7) If the sum total of the amount of a mandatory fine | 984 |
imposed for a first, second, or third degree felony violation of | 985 |
section 2925.03 of the Revised Code plus the amount of any
fine | 986 |
imposed under division (B)(4) of this section exceeds
the maximum | 987 |
statutory fine amount authorized for the level of
the offense | 988 |
under division (A)(3) of this section or
section 2929.31 of the | 989 |
Revised Code, the court shall not
impose a fine under division | 990 |
(B)(6) of this section. | 991 |
(C)(1) The offender shall pay reimbursements
imposed upon
the | 992 |
offender pursuant to division
(A)(5)(a) of this
section to
pay
the | 993 |
costs incurred by the department of rehabilitation and
correction | 994 |
in operating a
prison or other facility used to confine
offenders | 995 |
pursuant to sanctions
imposed under section 2929.14, 2929.142, or | 996 |
2929.16 of the Revised
Code to the treasurer of state. The | 997 |
treasurer of state
shall deposit the reimbursements in the | 998 |
confinement cost
reimbursement fund that is hereby created in the | 999 |
state
treasury. The department of rehabilitation and correction | 1000 |
shall
use the amounts deposited in the fund to fund the operation | 1001 |
of
facilities used to confine offenders pursuant to sections | 1002 |
2929.14, 2929.142,
and 2929.16 of the Revised Code. | 1003 |
(2) Except as provided in section 2951.021 of the Revised | 1004 |
Code, the offender
shall pay reimbursements imposed upon the | 1005 |
offender pursuant to division
(A)(5)(a) of this
section to pay
the | 1006 |
costs incurred by a county pursuant to any
sanction imposed
under | 1007 |
this section or section 2929.16 or 2929.17
of the Revised
Code or | 1008 |
in operating a facility
used to confine offenders pursuant
to a | 1009 |
sanction imposed under
section 2929.16 of the Revised Code to
the | 1010 |
county
treasurer. The county treasurer shall deposit the | 1011 |
reimbursements in the sanction cost reimbursement fund that each | 1012 |
board of county commissioners shall create in its county
treasury. | 1013 |
The county shall use the amounts deposited in the fund
to pay the | 1014 |
costs incurred by the county pursuant to any sanction
imposed | 1015 |
under this section or section 2929.16 or 2929.17 of the
Revised | 1016 |
Code or in operating a facility used to
confine offenders pursuant | 1017 |
to a sanction imposed under section
2929.16 of the Revised Code. | 1018 |
(3) Except as provided in section 2951.021 of the Revised | 1019 |
Code, the offender
shall pay reimbursements imposed upon the | 1020 |
offender pursuant to division
(A)(5)(a) of this
section to pay
the | 1021 |
costs incurred by a municipal corporation
pursuant to any
sanction | 1022 |
imposed under this section or section
2929.16 or 2929.17
of the | 1023 |
Revised Code or in
operating a facility used to confine
offenders | 1024 |
pursuant to a
sanction imposed under section 2929.16 of
the | 1025 |
Revised
Code to the treasurer of the municipal
corporation.
The | 1026 |
treasurer shall deposit the reimbursements
in a special fund
that | 1027 |
shall be established in the
treasury of each municipal | 1028 |
corporation. The municipal
corporation shall use the amounts | 1029 |
deposited in the fund to pay
the costs incurred by the municipal | 1030 |
corporation pursuant to any
sanction imposed under this section or | 1031 |
section 2929.16 or 2929.17
of the Revised Code or in operating a | 1032 |
facility
used to confine offenders pursuant to a sanction imposed | 1033 |
under
section 2929.16 of the Revised Code. | 1034 |
(D)
Except as otherwise provided in this division, a | 1040 |
financial sanction imposed pursuant to division (A) or
(B) of this | 1041 |
section is a judgment in favor of the state or a
political | 1042 |
subdivision in which the court that imposed the
financial
sanction | 1043 |
is located, and the offender subject to the financial sanction is | 1044 |
the judgment debtor. A financial sanction of
reimbursement
imposed | 1045 |
pursuant to division
(A)(5)(a)(ii) of this
section upon
an | 1046 |
offender who is incarcerated in a state facility
or a municipal | 1047 |
jail is a judgment in favor of the state or the
municipal | 1048 |
corporation, and the offender subject to the financial sanction is | 1049 |
the judgment debtor. A financial sanction of reimbursement
imposed | 1050 |
upon an
offender pursuant to this section for costs
incurred by a | 1051 |
private provider of
sanctions is a judgment in favor
of the | 1052 |
private provider, and the offender subject to the financial | 1053 |
sanction is the judgment debtor. A
financial sanction of | 1054 |
restitution
imposed
pursuant to this section is an order in favor | 1055 |
of the
victim of
the offender's criminal act that can be collected | 1056 |
through execution as described in division (D)(1) of this section | 1057 |
or through an order as described in division (D)(2) of this | 1058 |
section, and the offender shall be considered for purposes of the | 1059 |
collection as the judgment debtor. Imposition of a financial | 1060 |
sanction and execution on the
judgment does not preclude any other | 1061 |
power of the court to impose or enforce
sanctions on the offender. | 1062 |
Once the financial sanction is
imposed as a judgment or order | 1063 |
under this division, the victim,
private provider, state, or | 1064 |
political subdivision may bring an
action to do any of the | 1065 |
following: | 1066 |
(F) Each court imposing a financial sanction
upon an
offender | 1092 |
under this section or under section
2929.32 of
the
Revised
Code | 1093 |
may designate
the clerk of the court
or another person to collect | 1094 |
the financial sanction. The
clerk or other person authorized by | 1095 |
law or the court to collect
the financial sanction may
enter into | 1096 |
contracts with one or more
public agencies or private
vendors for | 1097 |
the collection of, amounts
due under the financial
sanction | 1098 |
imposed pursuant to this
section
or section
2929.32 of
the Revised | 1099 |
Code. Before entering
into a
contract for the
collection of | 1100 |
amounts due from an offender
pursuant to any
financial sanction | 1101 |
imposed
pursuant to this
section or section
2929.32 of the Revised | 1102 |
Code,
a court
shall comply with sections
307.86 to 307.92 of the | 1103 |
Revised Code. | 1104 |
Sec. 2929.28. (A) In addition to imposing court costs | 1115 |
pursuant to section 2947.23 of the Revised Code, the court | 1116 |
imposing a sentence upon an
offender
for a misdemeanor, including | 1117 |
a minor misdemeanor, may
sentence the offender to any financial | 1118 |
sanction or
combination of
financial sanctions authorized under | 1119 |
this section.
If the court in its discretion imposes one or more | 1120 |
financial sanctions, the financial sanctions that may be imposed | 1121 |
pursuant to
this section
include,
but are not limited to, the | 1122 |
following: | 1123 |
(1) Unless the misdemeanor offense is a minor misdemeanor or | 1124 |
could be disposed of by the traffic violations bureau serving the | 1125 |
court under Traffic Rule 13, restitution by the offender to the | 1126 |
victim of the
offender's
crime or any survivor of the victim, in | 1127 |
an amount based
on the victim's
economic loss. The court may not | 1128 |
impose restitution as a sanction pursuant to this division if the | 1129 |
offense is a minor misdemeanor or could be disposed of by the | 1130 |
traffic violations bureau serving the court under Traffic Rule 13. | 1131 |
If the court requires restitution, the court shall order that the | 1132 |
restitution be made to
the victim in open court or to the adult | 1133 |
probation department that
serves the jurisdiction or the clerk of | 1134 |
the court on behalf of the
victim. | 1135 |
If the court imposes restitution, the court shall determine | 1136 |
the
amount
of restitution to be paid by the offender. If the court | 1137 |
imposes restitution, the court may
base the amount of restitution | 1138 |
it orders on an
amount recommended
by the victim, the offender, a | 1139 |
presentence
investigation report,
estimates or receipts indicating | 1140 |
the cost of
repairing or
replacing property, and other | 1141 |
information, provided that the amount the court orders as | 1142 |
restitution shall not exceed the amount of the economic loss | 1143 |
suffered by the victim as a direct and proximate result of the | 1144 |
commission of the offense. If the court decides to impose | 1145 |
restitution, the court
shall hold
an evidentiary hearing on | 1146 |
restitution if the offender, victim, or
survivor
disputes the | 1147 |
amount of restitution. If the court holds an evidentiary hearing, | 1148 |
at the hearing the victim or survivor has the burden to prove by a | 1149 |
preponderance of the evidence the amount of restitution sought | 1150 |
from the offender. | 1151 |
(b) The amount of reimbursement ordered under
division | 1196 |
(A)(3)(a)
of this section shall not exceed the total
amount of | 1197 |
reimbursement
the offender
is able to pay and shall not
exceed the | 1198 |
actual cost of the sanctions. The court may collect
any amount of | 1199 |
reimbursement
the offender is required to pay under
that division. | 1200 |
If the court
does not order reimbursement under
that division, | 1201 |
confinement
costs may be assessed pursuant to a
repayment policy | 1202 |
adopted under
section 2929.37 of the Revised
Code. In addition, | 1203 |
the offender may be required to pay the fees specified in section | 1204 |
2929.38 of the Revised Code in accordance with that section. | 1205 |
If the court determines that the offender is indigent and | 1211 |
unable to pay the financial sanction or court costs, the court | 1212 |
shall consider imposing and
may impose a term of community service | 1213 |
under
division (A) of
section 2929.27 of the Revised Code
in lieu | 1214 |
of
imposing a
financial sanction or court costs. If the court
does | 1215 |
not determine that the
offender is indigent, the court may
impose | 1216 |
a term of community
service
under division (A) of section
2929.27 | 1217 |
of the Revised Code
in lieu of or in addition to
imposing
a | 1218 |
financial sanction under
this section and in addition to
imposing | 1219 |
court costs. The court may order
community service for a
minor | 1220 |
misdemeanor pursuant to division (C) of
section 2929.27 of
the | 1221 |
Revised
Code in lieu of or in addition to
imposing a financial | 1222 |
sanction
under this section and in addition to imposing court | 1223 |
costs. If a person
fails to pay a financial
sanction or court | 1224 |
costs, the court
may order community
service in lieu of the | 1225 |
financial sanction or court costs. | 1226 |
(C)(1) The offender shall pay reimbursements imposed upon
the | 1227 |
offender pursuant to division (A)(3) of this section to pay
the | 1228 |
costs incurred by a county pursuant to any sanction imposed
under | 1229 |
this section
or section 2929.26
or 2929.27 of the Revised
Code
or | 1230 |
in operating a facility used to
confine offenders pursuant
to a | 1231 |
sanction imposed under section 2929.26 of
the Revised Code to
the | 1232 |
county treasurer. The county
treasurer shall deposit the | 1233 |
reimbursements in the county's general fund.
The county shall use | 1234 |
the
amounts
deposited in the fund to pay the
costs incurred by the | 1235 |
county
pursuant to any sanction imposed
under this section or | 1236 |
section
2929.26 or 2929.27 of the Revised
Code or in
operating a | 1237 |
facility
used to confine offenders pursuant
to a sanction imposed | 1238 |
under
section 2929.26 of the Revised Code. | 1239 |
(2) The offender shall pay reimbursements imposed upon the | 1240 |
offender pursuant to division (A)(3) of this section to pay the | 1241 |
costs incurred by a municipal corporation pursuant to any sanction | 1242 |
imposed under this section or section 2929.26 or 2929.27 of the | 1243 |
Revised Code or in operating a
facility used to confine offenders | 1244 |
pursuant to a sanction imposed under
section 2929.26 of the | 1245 |
Revised Code to the treasurer of the
municipal corporation. The | 1246 |
treasurer shall deposit the reimbursements in the municipal | 1247 |
corporation's general fund. The municipal corporation
shall use | 1248 |
the amounts
deposited in the fund to pay the costs
incurred by the | 1249 |
municipal
corporation pursuant to any sanction
imposed under this | 1250 |
section or
section 2929.26 or 2929.27 of the
Revised Code or in | 1251 |
operating a
facility used to confine offenders pursuant to a | 1252 |
sanction imposed
under
section 2929.26 of the Revised Code. | 1253 |
(D) Except as otherwise provided in this division, a | 1258 |
financial
sanction imposed under division (A) of this section is a | 1259 |
judgment
in favor of the state or the political subdivision that | 1260 |
operates the court
that imposed the
financial sanction, and the | 1261 |
offender subject to the financial sanction is the judgment debtor. | 1262 |
A
financial sanction of reimbursement imposed
pursuant to division | 1263 |
(A)(3)(a)(i) of this
section upon an
offender is a judgment in | 1264 |
favor of the entity administering the community
control sanction, | 1265 |
and the offender subject to the financial sanction is the judgment | 1266 |
debtor.
A financial sanction of
reimbursement imposed pursuant to | 1267 |
division
(A)(3)(a)(ii) of this
section upon an offender confined | 1268 |
in
a jail
or other residential facility is a
judgment in favor of | 1269 |
the
entity
operating the jail or other residential facility, and | 1270 |
the offender subject to the financial sanction is the judgment | 1271 |
debtor. A
financial
sanction of restitution
imposed pursuant to | 1272 |
division
(A)(1) of
this section is an order
in favor of the victim | 1273 |
of the
offender's criminal act that can be collected through | 1274 |
execution as described in division (D)(1) of this section or | 1275 |
through an order as described in division (D)(2) of this section | 1276 |
and the offender shall be considered for purposes of the | 1277 |
collection as the judgment debtor. | 1278 |
(2) Permit payment of all or any portion of the sanction in | 1302 |
installments, by financial transaction device if the court is a | 1303 |
county court or a municipal court operated by a county, by credit | 1304 |
or debit card or by another electronic
transfer if the court is a | 1305 |
municipal court not operated by a county,
or by any other | 1306 |
reasonable method, in any time, and on
any terms
that court | 1307 |
considers just, except that the maximum time
permitted
for payment | 1308 |
shall not exceed five years. If the court is a county court or a | 1309 |
municipal court operated by a county, the acceptance of payments | 1310 |
by any financial transaction device shall be governed by the | 1311 |
policy adopted by the board of county commissioners of the county | 1312 |
pursuant to section 301.28 of the Revised Code. If the court is a | 1313 |
municipal court not operated by a county, the clerk may
pay any | 1314 |
fee associated with processing an electronic transfer out
of | 1315 |
public money or may charge the fee to the offender. | 1316 |
(2) Whenever in any case it is necessary to prove a prior | 1341 |
conviction of an offense for which the registrar of motor vehicles | 1342 |
maintains a record, a certified copy of the record that shows the | 1343 |
name, date of birth, and social security number of the accused is | 1344 |
prima-facie evidence of the identity of the accused and | 1345 |
prima-facie evidence of all prior convictions shown on the record. | 1346 |
The accused may offer evidence to rebut the prima-facie evidence | 1347 |
of the accused's identity and the evidence of prior convictions. | 1348 |
Proof of a prior conviction of an offense for which the registrar | 1349 |
maintains a record may also be proved as provided in division | 1350 |
(B)(1) of this section. | 1351 |
Sec. 4503.231.
(A) No motor vehicle registered in the name | 1356 |
of
a person whose certificate of registration and identification | 1357 |
license plates have been impounded as provided by division
(B)(1) | 1358 |
of section 4507.02 of the Revised Code, and no vehicle that may be | 1359 |
operated pursuant to an immobilization waiver order issued | 1360 |
pursuant to section 4503.235 of the Revised Code, shall be | 1361 |
operated
on any
highway in this state unless it displays
| 1362 |
restricted license
plates
that are a
different color from
those | 1363 |
regularly issued and
carry
a special
serial number that may
be | 1364 |
readily identified by
law
enforcement
officers. The registrar
of | 1365 |
motor vehicles shall
designate the
color and serial number to
be | 1366 |
used on
restricted
license
plates, which shall remain
the same | 1367 |
from
year to year and
shall
not be displayed on any other motor | 1368 |
vehicles. | 1369 |
(B) If a person has been granted
limited driving privileges | 1378 |
with a condition of the privileges
being that the person must | 1379 |
display on the vehicle that is driven
under the privileges | 1380 |
restricted license plates that are described
in this section, the | 1381 |
person may operate a motor vehicle that is owned by the person's | 1382 |
employer only if the
person is
required to operate that motor | 1383 |
vehicle in the course and
scope of the
person's employment. Such a | 1384 |
person may operate that
vehicle without
displaying on that vehicle | 1385 |
restricted license
plates that are
issued under this section if | 1386 |
the employer has been
notified that
the person has limited driving | 1387 |
privileges and of the
nature of the
restriction and if the person | 1388 |
has proof of the
employer's notification in the
person's | 1389 |
possession
while operating
the employer's vehicle for normal | 1390 |
business duties. A motor
vehicle owned by a
business that is | 1391 |
partly or entirely owned or
controlled by the
person with the | 1392 |
limited driving privileges is
not a motor vehicle
owned by an | 1393 |
employer, for purposes of this
division. | 1394 |
Sec. 4503.233. (A)(1)
If a court ordersis required to order | 1397 |
the
immobilization of
a
vehicle for a specified period of time | 1398 |
pursuant to
section
4510.11,
4510.14,
4510.16, 4510.161,
4510.41, | 1399 |
4511.19,
4511.193,
or
4511.203
of the Revised Code, the court, | 1400 |
subject to section 4503.235 of the Revised Code,
shall issue
the | 1401 |
immobilization
order
in
accordance with this division and for
the | 1402 |
period of time
specified
in the particular
section, and
the | 1403 |
immobilization
under
the order shall be in accordance with this | 1404 |
section. The court, at
the time of sentencing the offender for
the | 1405 |
offense relative to
which the immobilization order is issued
or as | 1406 |
soon thereafter as
is practicable, shall give a copy of the
order | 1407 |
to the offender or
the offender's counsel. The court
promptly | 1408 |
shall send a copy of
the
order
to the registrar on a form | 1409 |
prescribed
by the registrar
and
to the
person or agency it | 1410 |
designates to execute the
order. | 1411 |
(5) The registrar shall deposit the immobilization fee
into | 1461 |
the law
enforcement reimbursement fund created by section
4501.19 | 1462 |
of the Revised
Code. Money in the fund shall be expended
only as | 1463 |
provided in division
(A)(5) of this section. If the
court | 1464 |
designated in the
order a court bailiff or another
appropriate | 1465 |
person other than a
law enforcement officer to
immobilize the | 1466 |
vehicle, the amount of the
fee deposited into the
law enforcement | 1467 |
reimbursement fund shall
be paid out to the county
treasury if the | 1468 |
court that issued the order
is a county court, to
the treasury of | 1469 |
the municipal corporation
served by the court if
the court that | 1470 |
issued the order is a
mayor's court, or to the city
treasury of | 1471 |
the legislative
authority of the court, both as
defined in section | 1472 |
1901.03 of the
Revised Code, if the court that
issued the order is | 1473 |
a municipal
court. If the court designated a
law enforcement | 1474 |
agency to
immobilize the vehicle and if the law
enforcement agency | 1475 |
immobilizes the
vehicle, the amount of the fee
deposited into the | 1476 |
law enforcement
reimbursement fund shall be
paid out to the law | 1477 |
enforcement agency
to reimburse the agency for
the costs it incurs | 1478 |
in
obtaining immobilization equipment and, if
required, in sending | 1479 |
an officer or other person to search for and
locate the vehicle | 1480 |
specified in the immobilization order and to
immobilize the | 1481 |
vehicle. | 1482 |
(B) If a court issues an immobilization
order under division | 1487 |
(A)(1) of this section, the person or
agency designated by the | 1488 |
court to execute the immobilization order
promptly shall | 1489 |
immobilize or continue the immobilization of the
vehicle at the | 1490 |
place specified by the court in the order. The registrar shall
not | 1491 |
authorize the release of the vehicle or authorize the
issuance
of | 1492 |
new
identification license plates for the vehicle at
the
end of | 1493 |
the immobilization period until the immobilization
fee
has been | 1494 |
paid. | 1495 |
(C) Upon receipt of the license plates for a vehicle under | 1496 |
this section, the
registrar shall destroy the license plates. At | 1497 |
the end
of the immobilization period and upon the payment of the | 1498 |
immobilization fee
that must be paid under this section, the | 1499 |
registrar shall authorize the
release of the vehicle
and authorize | 1500 |
the issuance, upon the payment of the same fee as
is required for | 1501 |
the replacement of lost, mutilated, or destroyed
license plates | 1502 |
and certificates of registration,
of new license plates and, if | 1503 |
necessary, a new
certificate of registration to the
offender for | 1504 |
the vehicle
in question. | 1505 |
(D)(1) If a court issues an immobilization order under | 1506 |
division (A) of this
section, the immobilization period
commences | 1507 |
on the day on which the vehicle in question is
immobilized. If
the | 1508 |
vehicle in question had been seized under section
4510.41
or | 1509 |
4511.195 of the Revised Code, the time between the
seizure and the | 1510 |
beginning of the immobilization period shall be
credited
against | 1511 |
the immobilization period
specified in the
immobilization order | 1512 |
issued under
division (A) of this section.
No
vehicle that is
| 1513 |
immobilized
under this section is
eligible to have
restricted | 1514 |
license plates
under section 4503.231 of the Revised Code issued | 1515 |
for
that vehicle. | 1516 |
(2) If a court issues an immobilization order under division | 1517 |
(A) of this
section, if the vehicle
subject to the order is | 1518 |
immobilized under the order, and if the
vehicle is found being | 1519 |
operated upon any street or highway of
this state during the | 1520 |
immobilization period, it
shall be seized, removed from the street | 1521 |
or highway, and criminally
forfeited, and disposed of pursuant to | 1522 |
section
4503.234 of the Revised Code. No vehicle that is
forfeited | 1523 |
under
this provision shall be considered contraband for
purposes | 1524 |
of
Chapter 2981. of the Revised
Code, but
shall be held by the law | 1525 |
enforcement agency that employs
the
officer who seized it for | 1526 |
disposal in accordance with section
4503.234 of the Revised Code. | 1527 |
(3) If a court issues an immobilization order under division | 1528 |
(A) of this
section, and if the vehicle is not
claimed within | 1529 |
seven days after the end of the period of
immobilization or if the
| 1530 |
offender has not paid the
immobilization fee, the
person or agency | 1531 |
that immobilized
the vehicle shall send a written
notice to the
| 1532 |
offender at the
offender's last
known address informing
the
| 1533 |
offender
of the date on which the period of
immobilization
ended, | 1534 |
that the
offender has twenty days
after the date of the
notice
to | 1535 |
pay the immobilization fee and
obtain the release of the
vehicle, | 1536 |
and that if
the
offender does not pay the
fee and obtain the | 1537 |
release of the vehicle within that twenty-day
period, the vehicle | 1538 |
will be forfeited under section 4503.234 of
the Revised
Code to | 1539 |
the entity that is entitled to the
immobilization fee. | 1540 |
(4) An
offender whose motor vehicle
is
subject to an | 1541 |
immobilization order issued under division (A)
of
this section | 1542 |
shall not sell the motor vehicle without approval
of
the court | 1543 |
that issued the order. If such an
offender wishes
to sell the | 1544 |
motor vehicle during the
immobilization
period, the
offender
shall | 1545 |
apply to the court that
issued the
immobilization order for | 1546 |
permission to assign the title to the
vehicle. If the court
is | 1547 |
satisfied that the sale will be in good
faith and not for the | 1548 |
purpose of
circumventing the provisions of
division (A)(1) of this | 1549 |
section, it may certify its consent to
the
offender and to
the | 1550 |
registrar. Upon
receipt of the
court's consent, the registrar | 1551 |
shall enter the court's notice
in
the
offender's vehicle license | 1552 |
plate registration
record. | 1553 |
If, during a period of immobilization under an immobilization | 1554 |
order issued
under division (A) of this section, the title to the | 1555 |
immobilized motor
vehicle is transferred by the foreclosure of a | 1556 |
chattel mortgage, a sale upon execution, the cancellation of a | 1557 |
conditional sales contract, or an order of a court, the involved | 1558 |
court shall notify the registrar of the
action, and the registrar | 1559 |
shall enter the court's notice in the
offender's
vehicle
license | 1560 |
plate registration record. | 1561 |
(5) If the title to a motor vehicle that is subject to an | 1566 |
immobilization order under division (A) of this
section is | 1567 |
assigned or transferred without court approval between
the time of | 1568 |
arrest of the
offender who committed the offense for which such
an | 1569 |
order is to
be issued
and the time of the actual immobilization
of | 1570 |
the
vehicle, the court
shall order that, for a period of two
years | 1571 |
from the date of the
order, neither the registrar nor any
deputy | 1572 |
registrar shall
accept an application for the registration
of any | 1573 |
motor vehicle
in the name of the
offender whose
vehicle
was | 1574 |
assigned or
transferred without court approval.
The court
shall | 1575 |
notify the
registrar of the order on a form
prescribed by
the | 1576 |
registrar for
that purpose. | 1577 |
(6) If the title to a motor vehicle that is subject to an | 1578 |
immobilization order under division (A) of this section is | 1579 |
assigned or transferred without court approval in violation of | 1580 |
division (D)(4) of this section, then, in addition to or | 1581 |
independent of any other penalty established by law, the court may | 1582 |
fine the offender the value of the vehicle as determined by | 1583 |
publications of the national auto dealers association. The | 1584 |
proceeds from any fine so imposed shall be distributed in the same | 1585 |
manner as the proceeds of the sale of a forfeited vehicle are | 1586 |
distributed pursuant to division (C)(2) of section 4503.234 of the | 1587 |
Revised Code. | 1588 |
(E)(1) The court with jurisdiction over the case, after | 1589 |
notice to all interested parties including lienholders, and after | 1590 |
an opportunity for them to be heard, if the
offender
fails
to | 1591 |
appear in person, without good cause, or if the court
finds
that | 1592 |
the
offender does not intend to seek
release
of the
vehicle at
the | 1593 |
end of the period of immobilization
or that the
offender is
not or | 1594 |
will not be able to
pay the
expenses and
charges incurred
in its | 1595 |
removal and storage,
may order that title
to the vehicle be | 1596 |
transferred, in order of
priority, first into
the name of the | 1597 |
entity entitled to the
immobilization fee under
division (A)(5) of | 1598 |
this section, next
into the name of a
lienholder, or lastly, into | 1599 |
the name of the
owner of the place of
storage. | 1600 |
A lienholder that receives title under a
court order shall do | 1601 |
so on the condition that it pay any expenses or
charges incurred | 1602 |
in the vehicle's removal and storage. If the entity that
receives | 1603 |
title to the vehicle is the entity that is entitled to the | 1604 |
immobilization fee under division (A)(5) of this section,
it
shall | 1605 |
receive title on the condition that it pay any lien on the | 1606 |
vehicle.
The court shall not order that title be transferred to | 1607 |
any person or entity
other than the owner of the place of storage | 1608 |
if the person or
entity refuses to receive the title. Any person | 1609 |
or entity that
receives title may either keep title to the vehicle | 1610 |
or may
dispose of the vehicle in any legal manner that it | 1611 |
considers
appropriate, including assignment of the certificate of | 1612 |
title to
the motor vehicle to a salvage dealer or a scrap metal | 1613 |
processing
facility. The person or entity shall not transfer
the | 1614 |
vehicle to the person who is the vehicle's
immediate previous | 1615 |
owner. | 1616 |
If the person or entity assigns the motor vehicle to a | 1617 |
salvage dealer or
scrap
metal processing facility, the person or | 1618 |
entity shall send the assigned
certificate of title to the motor | 1619 |
vehicle to the clerk of the court of common
pleas of the county in | 1620 |
which the salvage dealer or scrap metal processing
facility is | 1621 |
located. The person or entity shall mark the face of the | 1622 |
certificate of title with the words "FOR DESTRUCTION" and shall | 1623 |
deliver a photocopy of the certificate of title to the salvage | 1624 |
dealer or scrap
metal processing facility for its records. | 1625 |
(2) Whenever a court issues an order under division (E)(1)
of | 1626 |
this
section, the court also shall order removal of the license | 1627 |
plates
from the vehicle and cause them to be sent to the registrar | 1628 |
if
they have not already been sent to the registrar. Thereafter, | 1629 |
no further
proceedings shall take place under this section, but | 1630 |
the
offender remains liable for payment of the
immobilization fee | 1631 |
described in division (A)(3) of this section
if an
immobilization | 1632 |
order previously had been issued by the
court. | 1633 |
(3) Prior to initiating a proceeding under division (E)(1)
of | 1634 |
this section, and upon payment of the fee under division (B) of | 1635 |
section
4505.14 of the Revised Code, any interested party may | 1636 |
cause
a search to be made of the public records of the bureau of | 1637 |
motor vehicles or the clerk of the court of common pleas, to | 1638 |
ascertain the identity of any lienholder of the vehicle. The | 1639 |
initiating party shall furnish this information to the clerk of | 1640 |
the court with jurisdiction over the case,
and the clerk shall | 1641 |
provide notice
to the vehicle owner, the defendant, any | 1642 |
lienholder, and any
other interested parties listed by the | 1643 |
initiating party, at the
last known address supplied by the | 1644 |
initiating party, by certified
mail or, at the option of the | 1645 |
initiating party, by personal
service or ordinary mail. | 1646 |
Sec. 4503.235. (A) If division (G) of section 4511.19 or | 1652 |
division (B) of section 4511.193 of the Revised Code requires a | 1653 |
court, as part of the sentence of an offender who is convicted of | 1654 |
or
pleads guilty to a violation of division (A) of section | 1655 |
4511.19 of
the Revised Code or as a sanction for an offender who | 1656 |
is convicted of
or pleaded guilty to a violation of a municipal | 1657 |
OVI ordinance, to
order the immobilization of a vehicle for a | 1658 |
specified period of
time, notwithstanding the requirement, the | 1659 |
court in its discretion
may determine not to order the | 1660 |
immobilization of the vehicle if
both of the following apply: | 1661 |
(B) If a court pursuant to division (A) of this section | 1675 |
determines not to order the immobilization of a vehicle that | 1676 |
otherwise would be required pursuant to division (G) of section | 1677 |
4511.19 or division (B) of section 4511.193 of the Revised Code, | 1678 |
the court shall issue an order that waives the immobilization that | 1679 |
otherwise would be required pursuant to either of those divisions. | 1680 |
The immobilization waiver order shall be in effect for the period | 1681 |
of time for which the immobilization of the vehicle otherwise | 1682 |
would have been required under division (G) of section 4511.19 or | 1683 |
division (B) of section 4511.193 of the Revised Code if the | 1684 |
immobilization waiver order had not been issued, subject to | 1685 |
division (D) of this section. The immobilization waiver order | 1686 |
shall specify the period of time for which it is in effect. The | 1687 |
court shall provide a copy of an immobilization waiver order to | 1688 |
the offender and to the family or household member of the | 1689 |
offender who filed the motion requesting that the immobilization | 1690 |
order not be issued and shall place a copy of the immobilization | 1691 |
waiver order in the record in the case. The court shall impose an | 1692 |
immobilization waiver fee in the amount of fifty dollars. The | 1693 |
court shall determine whether the fee is to be paid by the | 1694 |
offender or by the family or household member. The clerk of the | 1695 |
court shall deposit the fee in the state treasury to the credit of | 1696 |
the indigent drivers alcohol treatment fund, created under | 1697 |
division (F) of section 4511.191 of the Revised Code. | 1698 |
(C) If a court pursuant to division (B) of this section | 1699 |
issues an immobilization waiver order, the order shall identify | 1700 |
the family or household member who requested the order and the | 1701 |
vehicle to which the order applies, shall identify the family or | 1702 |
household members who are permitted to operate the vehicle, and | 1703 |
shall
identify the offender and specify that the offender is not | 1704 |
permitted to operate the vehicle. The immobilization waiver order | 1705 |
shall require that the family or household member display on the | 1706 |
vehicle to which the order
applies restricted license plates that | 1707 |
are issued under section
4503.231 of the Revised Code for the | 1708 |
entire period for which the
immobilization of the vehicle | 1709 |
otherwise would have been required
under division (G) of section | 1710 |
4511.19 or division (B) of section
4511.193 of the Revised Code | 1711 |
if the immobilization waiver order
had not been issued. | 1712 |
(1) The court that issued the immobilization waiver order | 1720 |
shall terminate that order and shall issue an immobilization order | 1721 |
in accordance with section 4503.233 of the Revised Code that | 1722 |
applies to the vehicle, and the immobilization order shall be in | 1723 |
effect for the remaining period of time for which the | 1724 |
immobilization of the vehicle otherwise would have been required | 1725 |
under division (G) of section 4511.19 or division (B) of section | 1726 |
4511.193 of the Revised Code if the immobilization waiver order | 1727 |
had not been issued. | 1728 |
Sec. 4510.13. (A)(1) Divisions (A)(2) to (7)(9) of this | 1739 |
section
apply to a judge or mayor
regarding the suspension of, or | 1740 |
the
grant of limited driving privileges
during a suspension of, | 1741 |
an
offender's driver's or
commercial driver's license or permit or | 1742 |
nonresident operating
privilege imposed under division (G) or (H) | 1743 |
of section
4511.19 of the Revised Code, under division (B)
or (C) | 1744 |
of section 4511.191 of the Revised Code, or under section
4510.07 | 1745 |
of the Revised Code for a conviction of a violation of a
municipal | 1746 |
OVI ordinance. | 1747 |
(2) No judge or mayor shall suspend the following portions
of | 1748 |
the
suspension of an offender's driver's or commercial driver's | 1749 |
license or
permit or nonresident operating privilege imposed under | 1750 |
division
(G) or (H) of section
4511.19 of the Revised Code or | 1751 |
under section 4510.07 of the Revised Code for a conviction of
a | 1752 |
violation of a municipal OVI ordinance, provided that division | 1753 |
(A)(2) of this section does not limit a court or
mayor in | 1754 |
crediting any period of suspension imposed pursuant to division | 1755 |
(B) or (C) of section 4511.191 of the Revised Code against
any | 1756 |
time of judicial suspension imposed pursuant to section 4511.19 or | 1757 |
4510.07 of the Revised Code, as described in divisions
(B)(2) and | 1758 |
(C)(2) of section
4511.191 of the Revised Code: | 1759 |
(3) No judge or mayor shall grant limited driving privileges | 1776 |
to
an offender whose driver's or commercial driver's license or | 1777 |
permit or
nonresident operating privilege has been suspended under | 1778 |
division
(G) or (H) of section 4511.19 of the Revised Code, under | 1779 |
division (C) of section 4511.191 of the Revised Code, or under | 1780 |
section 4510.07 of the Revised Code for a municipal OVI conviction | 1781 |
if the offender, within the preceding six years, has been | 1782 |
convicted of or
pleaded guilty to three or more violations of one | 1783 |
or more of the Revised Code sections, municipal ordinances, | 1784 |
statutes
of the United States or another state, or municipal | 1785 |
ordinances of
a municipal corporation of another state that are | 1786 |
identified in
divisions (G)(2)(b) to (h) of section
2919.22 of the | 1787 |
Revised Code. | 1788 |
Additionally, no judge or mayor shall grant limited driving | 1789 |
privileges to an offender whose driver's or commercial driver's | 1790 |
license
or permit or nonresident operating privilege has been | 1791 |
suspended under
division (B) of section 4511.191 of the Revised | 1792 |
Code if the
offender, within the preceding six years, has refused | 1793 |
three previous requests
to consent to a chemical test of the | 1794 |
person's whole blood, blood serum or
plasma, breath, or urine to | 1795 |
determine its alcohol content. | 1796 |
(4) No judge or mayor shall grant limited driving privileges | 1797 |
for
employment as a driver of commercial motor vehicles to an | 1798 |
offender whose
driver's or commercial driver's license or permit | 1799 |
or nonresident
operating privilege has been suspended under | 1800 |
division (G) or
(H)
of section 4511.19 of the Revised Code, under | 1801 |
division (B) or (C)
of section 4511.191 of the Revised Code, or | 1802 |
under section 4510.07
of the Revised Code for a municipal OVI | 1803 |
conviction if the
offender is disqualified from operating a | 1804 |
commercial motor vehicle, or whose license or permit has been | 1805 |
suspended, under
section 3123.58 or 4506.16 of the
Revised Code. | 1806 |
(a) The first fifteen days of a suspension imposed under | 1815 |
division
(G)(1)(a) of section 4511.19 of the Revised Code or a | 1816 |
comparable
length suspension imposed under section 4510.07 of the | 1817 |
Revised Code, or of a suspension
imposed under
division (C)(1)(a) | 1818 |
of section 4511.191 of the
Revised Code. On or after
the
sixteenth | 1819 |
day of the suspension, the court may grant limited
driving | 1820 |
privileges, but the court may require that the offender
shall not | 1821 |
exercise the privileges
unless the vehicles the offender
operates | 1822 |
are equipped with
immobilizing or disabling devices that
monitor | 1823 |
the offender's
alcohol consumption or any other type of | 1824 |
immobilizing or disabling
devices, except as provided in division | 1825 |
(C) of section 4510.43
of the Revised Code. | 1826 |
(b) The first thirtyforty-five days of a suspension imposed | 1827 |
under
division
(G)(1)(b) of section 4511.19 of the Revised Code or | 1828 |
a
comparable
length suspension imposed under section 4510.07 of | 1829 |
the
Revised Code, or of a suspension
imposed under
division | 1830 |
(C)(1)(b)
of section 4511.191 of the
Revised Code. On or after the | 1831 |
thirty-first day of
suspension, the court may grant limited | 1832 |
driving privileges, but the court may
require that the offender | 1833 |
shall not exercise the privileges
unless the vehicles the offender | 1834 |
operates are equipped with
immobilizing or disabling devices that | 1835 |
monitor the offender's
alcohol consumption or any other type of | 1836 |
immobilizing or disabling
devices, except as provided in division | 1837 |
(C) of section 4510.43
of the Revised Code. | 1838 |
(d) The first one hundred eighty days of a suspension
imposed | 1843 |
under division (G)(1)(c) of section 4511.19 of the Revised
Code or | 1844 |
a comparable length suspension imposed under section
4510.07 of | 1845 |
the Revised Code, or of a
suspension imposed under
division | 1846 |
(C)(1)(c) of section 4511.191 of
the Revised Code. The
judgeOn or | 1847 |
after the first one hundred eighty days of suspension, the court | 1848 |
may
grant limited driving
privileges
on or after the one
hundred | 1849 |
eighty-first day of the suspension only if the
judge, at
the time | 1850 |
of granting the privileges, also
issues, and either of the | 1851 |
following applies: | 1852 |
(i) If the underlying conviction
is alcohol-related, the | 1853 |
court shall issue an order that, except as provided in division | 1854 |
(C) of
section 4510.43 of the Revised Code,prohibiting the | 1855 |
offender,
while exercising the
privileges during
the period | 1856 |
commencing with
the one hundred
eighty-first day of
suspension | 1857 |
and
ending with
the first year of
suspension, from
operating any | 1858 |
motor
vehicle
unless it is equipped
with an
immobilizing or | 1859 |
disabling
device
that monitors the
offender's
alcohol | 1860 |
consumption. After the
first
year of the
suspension, the
court | 1861 |
may authorize the offender
to
continue
exercising the
privileges | 1862 |
in vehicles that are not
equipped with
immobilizing or
disabling | 1863 |
devices that monitor the
offender's
alcohol consumption,
except | 1864 |
as provided in division (C)
of section
4510.43 of the
Revised | 1865 |
Code. If the offender does not
petition for
limited
driving | 1866 |
privileges until after the first year
of
suspension, the
judge | 1867 |
may grant limited driving privileges
without
requiring the
use of | 1868 |
an immobilizing or disabling device
that
monitors the
offender's | 1869 |
alcohol consumption.for the
remainder of the period of | 1870 |
suspension the offender shall not
exercise the privileges unless | 1871 |
the vehicles the offender operates
are equipped with a certified | 1872 |
ignition interlock device. | 1873 |
(g)
The first three years of a suspension imposed under | 1916 |
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code | 1917 |
or a
comparable length suspension imposed under section 4510.07 of | 1918 |
the
Revised Code, or of a
suspension imposed under
division | 1919 |
(C)(1)(d)
of section 4511.191 of the
Revised Code. The
judgeOn | 1920 |
or after the first three years of suspension, the court may
grant | 1921 |
limited driving privileges after the first three
years of | 1922 |
suspension only if the judge, at the time of granting the | 1923 |
privileges, also issues an order, and either of the following | 1924 |
applies: | 1925 |
(i) If the underlying conviction is alcohol-related, the | 1926 |
court shall issue an order thatprohibiting the offender from | 1927 |
operating any
motor vehicle, for the period of suspension | 1928 |
following the first
three years of suspension, unless the motor | 1929 |
vehicle is equipped
with an immobilizing or disabling device | 1930 |
that
monitors the
offender's alcohol
consumption, except as | 1931 |
provided in
division
(C) of section 4510.43
of the Revised Code, | 1932 |
for the remainder of
the period of suspension the offender shall | 1933 |
not exercise the
privileges unless the vehicles the offender | 1934 |
operates are equipped
with a certified ignition interlock device. | 1935 |
(7) In any case in which a judge or mayor grants limited | 1955 |
driving
privileges to an offender whose driver's or commercial | 1956 |
driver's license
or permit or nonresident operating privilege has | 1957 |
been suspended under
division (G)(1)(b), (c), (d), or (e) of | 1958 |
section 4511.19 of the
Revised Code, under division (G)(1)(a) of | 1959 |
section 4511.19 of the Revised Code for a violation of division | 1960 |
(A)(1)(f), (g), (h), or (i) of that section, or under
section | 1961 |
4510.07 of the Revised Code for a
municipal OVI
conviction for | 1962 |
which sentence would have been imposed under division | 1963 |
(G)(1)(a)(ii) or (G)(1)(b), (c), (d), or (e) of section 4511.19 of | 1964 |
the Revised Code had the offender been charged with and convicted | 1965 |
of a violation of section 4511.19 of the Revised Code instead of a | 1966 |
violation of the municipal OVI ordinance, the judge or mayor shall | 1967 |
impose as a
condition of the privileges
that the offender must | 1968 |
display on the
vehicle that is driven subject to the
privileges | 1969 |
restricted
license plates that are issued under section 4503.231 | 1970 |
of the
Revised Code, except
as provided in division (B) of that | 1971 |
section. | 1972 |
(8) In any case in which the offender operates a motor | 1973 |
vehicle that is not equipped with an ignition interlock device, | 1974 |
circumvents the device, or tampers with the device or in any case | 1975 |
in which the court receives notice pursuant
to section 4510.46 of | 1976 |
the Revised Code that a certified ignition
interlock device | 1977 |
required by an order issued under division
(A)(5)(e), (f), or (g) | 1978 |
of this section prevented an offender from
starting a motor | 1979 |
vehicle, the following applies: | 1980 |
(a) If the offender was sentenced under division (G)(1)(b) of | 1981 |
section 4511.19 of the Revised Code, on a first instance the court | 1982 |
may require the offender to
wear a monitor
that provides | 1983 |
continuous alcohol monitoring that is
remote. On a second | 1984 |
instance, the court shall require the offender to wear a monitor | 1985 |
that provides continuous alcohol monitoring that is remote for a | 1986 |
minimum of forty days. On a third instance or more, the court | 1987 |
shall require the offender to wear a monitor that provides | 1988 |
continuous alcohol monitoring that is remote for a minimum of | 1989 |
sixty days. | 1990 |
(b) If the offender was sentenced under division (G)(1)(c), | 1991 |
(d), or (e) of section 4511.19 of the Revised Code, on a first | 1992 |
instance the court shall require the offender to wear a monitor | 1993 |
that provides continuous alcohol monitoring that is remote for a | 1994 |
minimum of forty days. On a second instance or more, the court | 1995 |
shall require the offender to wear a monitor that provides | 1996 |
continuous alcohol monitoring that is remote for a minimum of | 1997 |
sixty days. | 1998 |
(9) In any case in which the court issues an order under | 1999 |
this section prohibiting an offender from exercising limited | 2000 |
driving privileges unless the vehicles the offender operates are | 2001 |
equipped with an immobilizing or disabling device, including a | 2002 |
certified ignition interlock device, or requires an offender to | 2003 |
wear a monitor that provides continuous alcohol monitoring that is | 2004 |
remote, the court shall impose an additional court cost of two | 2005 |
dollars and fifty cents upon the offender. The court shall not | 2006 |
waive the payment
of the two dollars and fifty cents unless the | 2007 |
court determines that the offender
is indigent and waives the | 2008 |
payment of all court costs imposed upon
the indigent offender. | 2009 |
The clerk of court shall retain one hundred per cent of this court | 2010 |
cost. The clerk of court shall
transmit one hundred per cent of | 2011 |
this court
cost collected during a month on the first
business | 2012 |
day of the following month to the state treasury to be
credited | 2013 |
to the state highway safety fund created under section
4501.06 of | 2014 |
the Revised Code, to be used by the department of
public safety | 2015 |
to cover costs associated with maintaining the
habitual OVI/OMWI | 2016 |
offender registry created under section 5502.10
of the Revised | 2017 |
Code. In its discretion the court may impose an additional court | 2018 |
cost of two dollars and fifty cents upon the offender. The clerk | 2019 |
of court shall retain this two dollar and fifty cent court cost, | 2020 |
if imposed, and shall deposit it in the court's special projects | 2021 |
fund that is established under division (E)(1) of section 2303.201 | 2022 |
or division (B)(1) of section 1901.26 of the Revised Code. | 2023 |
(10) In any case in which the court issues an order under | 2024 |
this section prohibiting an offender from exercising limited | 2025 |
driving privileges unless the vehicles the offender operates are | 2026 |
equipped with an immobilizing or disabling device, including a | 2027 |
certified ignition interlock device, the court shall notify the | 2028 |
offender at the time the offender is granted limited driving | 2029 |
privileges that, in accordance with section 4510.46 of the Revised | 2030 |
Code, if the court receives notice that the device prevented the | 2031 |
offender from starting the motor vehicle because the device was | 2032 |
tampered with or circumvented or because the analysis of the | 2033 |
deep-lung breath sample or other method employed by the device to | 2034 |
measure the concentration by weight of alcohol in the offender's | 2035 |
breath indicated the presence of alcohol in the offender's breath | 2036 |
in a concentration sufficient to prevent the device from | 2037 |
permitting the motor vehicle to be started, the court may increase | 2038 |
the period of suspension of the offender's driver's or commercial | 2039 |
driver's license or permit or nonresident operating privilege from | 2040 |
that originally imposed by the court by a factor of two and may | 2041 |
increase the period of time during which the offender will be | 2042 |
prohibited from exercising any limited driving privileges granted | 2043 |
to the offender unless the vehicles the offender operates are | 2044 |
equipped with a certified ignition interlock device by a factor of | 2045 |
two. | 2046 |
(B) Any person whose driver's or commercial driver's license | 2047 |
or
permit or nonresident operating privilege has been suspended | 2048 |
pursuant to
section 4511.19 or 4511.191 of the Revised Code or | 2049 |
under
section 4510.07 of the Revised Code for a violation of a | 2050 |
municipal OVI ordinance may file a petition for
limited driving | 2051 |
privileges during the suspension. The person shall file the | 2052 |
petition
in the court that has jurisdiction over the
place of | 2053 |
arrest. Subject to division (A) of this section, the court
may | 2054 |
grant the person limited driving privileges during the
period | 2055 |
during which the suspension otherwise would be imposed.
However, | 2056 |
the court shall not grant the privileges for
employment as a | 2057 |
driver of a commercial motor vehicle to any person
who is | 2058 |
disqualified from operating a commercial motor vehicle
under | 2059 |
section 4506.16 of the Revised Code or during any of
the
periods | 2060 |
prescribed by division (A) of this section. | 2061 |
(C)(1) After a driver's or commercial driver's license or | 2062 |
permit
or nonresident operating privilege has been suspended | 2063 |
pursuant to section
2903.06, 2903.08, 2903.11, 2907.24, 2921.331, | 2064 |
2923.02, 2929.02, 4511.19,
4511.251, 4549.02, 4549.021, or
5743.99 | 2065 |
of the Revised Code, any
provision of
Chapter 2925. of the Revised | 2066 |
Code, or section
4510.07
of the Revised Code for a violation of a | 2067 |
municipal
OVI ordinance,
the judge of the
court or
mayor of the | 2068 |
mayor's court that
suspended the license, permit, or privilege | 2069 |
shall cause the
offender to deliver to the court
the license or | 2070 |
permit. The
judge, mayor, or clerk of the court or
mayor's court | 2071 |
shall
forward
to the registrar the license or permit together with | 2072 |
notice of the
action of the court. | 2073 |
(2) A suspension of a commercial driver's license under any | 2074 |
section or chapter identified in division (C)(1) of this section | 2075 |
shall be concurrent with any period of suspension or | 2076 |
disqualification under
section 3123.58 or 4506.16 of the Revised | 2077 |
Code. No person
who is
disqualified for life from holding a | 2078 |
commercial driver's license
under
section 4506.16 of the Revised | 2079 |
Code shall be issued a
driver's license under this chapter during | 2080 |
the period for which
the commercial driver's license was suspended | 2081 |
under this section,
and no person whose commercial driver's | 2082 |
license is suspended under
any section or chapter identified in | 2083 |
division (C)(1) of this
section
shall be issued a driver's license | 2084 |
under Chapter
4507. of
the Revised Code during the period of the | 2085 |
suspension. | 2086 |
(3) No judge or mayor shall suspend any class one
suspension, | 2087 |
or any portion of any class one suspension, imposed under section | 2088 |
2903.04, 2903.06, 2903.08, or 2921.331 of the Revised Code. No | 2089 |
judge or
mayor shall suspend the first thirty days of any class | 2090 |
two, class
three, class four, class five, or class six suspension | 2091 |
imposed
under section 2903.06, 2903.08, 2903.11, 2923.02, or | 2092 |
2929.02 of the Revised Code. | 2093 |
(D) The judge of the court or mayor of the mayor's court | 2094 |
shall
credit any time during which an offender was subject to an | 2095 |
administrative
suspension of the offender's driver's or commercial | 2096 |
driver's license or permit or nonresident operating privilege | 2097 |
imposed pursuant to section 4511.191 or 4511.192 of the Revised | 2098 |
Code or a suspension imposed by a judge,
referee, or mayor | 2099 |
pursuant to division (B)(1) or (2) of
section 4511.196 of the | 2100 |
Revised Code against the time to be
served
under a related | 2101 |
suspension imposed pursuant to any section or chapter
identified | 2102 |
in division (C)(1) of this section. | 2103 |
(F)(1) If a court issues an immobilizing or disabling device | 2108 |
order under section 4510.43 of the Revised Code, the order
shall | 2109 |
authorize the offender during the specified period to operate a | 2110 |
motor vehicle
only if it is equipped with an immobilizing or | 2111 |
disabling device, except as
provided in division (C) of that | 2112 |
section. The court
shall provide the offender with a copy of an | 2113 |
immobilizing or disabling
device order issued under section | 2114 |
4510.43 of the Revised
Code, and the offender shall use the copy | 2115 |
of the order
in lieu of an Ohio driver's or
commercial driver's | 2116 |
license or permit until the registrar or a deputy
registrar issues | 2117 |
the
offender a restricted license. | 2118 |
(2) An offender may present an immobilizing or disabling | 2124 |
device
order to the registrar or to a deputy registrar. Upon | 2125 |
presentation of
the order to the registrar or a deputy registrar, | 2126 |
the registrar or
deputy registrar shall issue the offender a | 2127 |
restricted license. A
restricted license issued under this | 2128 |
division shall be identical
to an Ohio driver's license, except | 2129 |
that it shall have printed on
its face a statement that the | 2130 |
offender is prohibited during the period
specified in the court | 2131 |
order from operating any
motor vehicle that is not equipped with | 2132 |
an immobilizing or
disabling device. The date of commencement and | 2133 |
the
date of termination of the period of suspension shall be | 2134 |
indicated
conspicuously
upon the face of the license. | 2135 |
Sec. 4510.43. (A)(1)
The director of public safety, upon | 2136 |
consultation with the director of health and in accordance with | 2137 |
Chapter 119. of the Revised Code,
shall certify immobilizing and | 2138 |
disabling devices
and, subject to section 4510.45 of the Revised | 2139 |
Code, shall publish and make
available to the
courts, without | 2140 |
charge, a list of licensed manufacturers of ignition interlock | 2141 |
devices and
approved devices together with
information about the | 2142 |
manufacturers
of the devices and where they
may be obtained. The | 2143 |
manufacturer of an
immobilizing or disabling
device shall pay the | 2144 |
cost of
obtaining the certification of the
device
to the director | 2145 |
of
public safety, and the director shall
deposit the payment in | 2146 |
the drivers'
treatment and
intervention
fund established by | 2147 |
sections 4511.19 and 4511.191 of
the Revised
Code. | 2148 |
(2) The director of public safety, in accordance with
Chapter | 2149 |
119. of the Revised Code, shall adopt and publish rules
setting | 2150 |
forth the requirements for obtaining the certification of
an | 2151 |
immobilizing or disabling device. The director of public
safety | 2152 |
shall not
certify an immobilizing or disabling
device under
this | 2153 |
section unless it meets the requirements specified and
published | 2154 |
by the director in the rules adopted pursuant to this
division. A | 2155 |
certified device may consist of an
ignition interlock
device, an | 2156 |
ignition blocking device initiated
by time or magnetic
or | 2157 |
electronic encoding, an activity monitor,
or any other device
that | 2158 |
reasonably assures compliance with an
order granting limited | 2159 |
driving privileges. Ignition interlock devices shall be certified | 2160 |
annually. | 2161 |
The requirements for an immobilizing or disabling device that | 2162 |
is
an ignition interlock device shall require that the | 2163 |
manufacturer of the device submit to the department of public | 2164 |
safety a certificate from an independent testing laboratory | 2165 |
indicating that the device meets or exceeds the standards of the | 2166 |
national highway traffic safety administration, as defined in | 2167 |
section 4511.19 of the Revised Code, that are in effect at the | 2168 |
time of the director's decision regarding certification of the | 2169 |
device, shall include provisions for
setting a
minimum and maximum | 2170 |
calibration range, and shall include,
but shall not
be limited to, | 2171 |
specifications that the device
complies with all of
the following: | 2172 |
(4) The director of public safety shall adopt rules in | 2198 |
accordance
with Chapter 119. of the Revised Code for the
design of | 2199 |
a warning
label that shall be affixed to each immobilizing or | 2200 |
disabling
device upon installation. The label shall contain a | 2201 |
warning that
any person tampering, circumventing, or otherwise | 2202 |
misusing the
device is subject to a fine, imprisonment, or both | 2203 |
and may be
subject to civil liability. | 2204 |
(B)
A court considering the use of a prototype device in a | 2205 |
pilot
program shall advise the director of public safety, thirty | 2206 |
days before the
use, of the prototype device and its protocol, | 2207 |
methodology, manufacturer, and licensor, lessor, other agent, or | 2208 |
owner, and the length of the court's pilot program. A prototype | 2209 |
device shall not be used for a violation of section 4510.14
or | 2210 |
4511.19 of the Revised Code, a violation of a municipal OVI | 2211 |
ordinance, or in relation to a
suspension
imposed under section | 2212 |
4511.191 of the Revised
Code. A court that
uses a prototype
device | 2213 |
in a pilot program,
periodically during
the existence of
the | 2214 |
program and within fourteen days
after
termination of the
program, | 2215 |
shall report in writing to the
director of
public safety
regarding | 2216 |
the effectiveness of the
prototype device and the
program. | 2217 |
(C)
If a person has been
granted limited driving privileges | 2218 |
with a condition of the privileges being
that the motor vehicle | 2219 |
that is
operated under the privileges must be equipped with an | 2220 |
immobilizing or
disabling device, the person may operate a motor | 2221 |
vehicle that is owned by the person's employer only if the
person | 2222 |
is
required to operate that motor vehicle
in the course and
scope | 2223 |
of the offender's employment. Such a person may operate
that | 2224 |
vehicle without the installation of an immobilizing or
disabling | 2225 |
device, provided that the employer has been notified
that the | 2226 |
person has limited driving privileges and of the nature
of the | 2227 |
restriction and further provided that the person has proof of the | 2228 |
employer's
notification in the person's possession while
operating | 2229 |
the
employer's vehicle for normal business duties. A
motor vehicle | 2230 |
owned by a business that is partly or entirely owned
or controlled | 2231 |
by a person with limited driving privileges is
not a motor vehicle | 2232 |
owned by an employer, for purposes of this
division. | 2233 |
Sec. 4510.45. (A)(1) A manufacturer of ignition interlock | 2234 |
devices that desires for its devices to be certified under section | 2235 |
4510.43 of the Revised Code and then to be included on the list of | 2236 |
certified devices that the department of public safety compiles | 2237 |
and makes available to courts pursuant to that section first shall | 2238 |
obtain a license from the department under this section. The | 2239 |
department, in accordance with Chapter 119. of the Revised Code, | 2240 |
shall adopt any rules that are necessary to implement this | 2241 |
licensing requirement. | 2242 |
(2) A manufacturer shall apply to the department for the | 2243 |
license and shall include all information the department may | 2244 |
require by rule. Each application, including an application for | 2245 |
license renewal, shall be accompanied by an application fee of one | 2246 |
hundred dollars, which the department shall deposit into the state | 2247 |
treasury to the credit of the indigent drivers alcohol treatment | 2248 |
fund created by section 4511.191 of the Revised Code. | 2249 |
(3) Upon receipt of a completed application, if the | 2250 |
department finds that a manufacturer has complied with all | 2251 |
application requirements, the department shall issue a license to | 2252 |
the manufacturer. A manufacturer that has been issued a license | 2253 |
under this section is eligible immediately to have the models of | 2254 |
ignition interlock devices it produces certified under section | 2255 |
4510.43 of the Revised Code and then included on the list of | 2256 |
certified devices that the department compiles and makes available | 2257 |
to courts pursuant to that section. | 2258 |
(b) A manufacturer whose license application is rejected by | 2270 |
the department may appeal the decision to the director of public | 2271 |
safety. The director or the director's designee shall hold a | 2272 |
hearing on the matter not more than thirty days from the date of | 2273 |
the manufacturer's appeal. If the director or the director's | 2274 |
designee upholds the denial of the manufacturer's application for | 2275 |
a license, the manufacturer may appeal the decision to the | 2276 |
Franklin county court of common pleas. If the director or the | 2277 |
director's designee reverses the denial of the manufacturer's | 2278 |
application for a license, the director or the director's designee | 2279 |
shall issue a written order directing that the department issue a | 2280 |
license to the manufacturer. | 2281 |
(B) Every manufacturer of ignition interlock devices that is | 2282 |
issued a license under this section shall file an annual report | 2283 |
with the department on a form the department prescribes on or | 2284 |
before a date the department prescribes. The annual report shall | 2285 |
state the amount of net profit the manufacturer earned during a | 2286 |
twelve-month period specified by the department that is | 2287 |
attributable to the sales of that manufacturer's certified | 2288 |
ignition interlock devices to purchasers in this state. Each | 2289 |
manufacturer shall pay a fee equal to five per cent of the amount | 2290 |
of the net profit
described in this division. | 2291 |
(C) The department shall deposit all fees it
receives from | 2294 |
manufacturers under this section into the state
treasury to the | 2295 |
credit of the indigent drivers alcohol treatment
fund created by | 2296 |
section 4511.191 of the Revised Code. All money so
deposited into | 2297 |
that fund that is paid by the department of alcohol
and drug | 2298 |
addiction services to county indigent drivers alcohol
treatment | 2299 |
funds, county juvenile indigent drivers alcohol
treatment funds, | 2300 |
and municipal indigent drivers alcohol treatment
funds shall be | 2301 |
used only as described in division (H)(3) of
section 4511.191
of | 2302 |
the Revised Code. | 2303 |
(D)(1) The director may make an assessment, based on any | 2304 |
information in the director's possession, against any manufacturer | 2305 |
that fails to file an annual report or pay the fee required by | 2306 |
division (B) of this section. The director, in
accordance with | 2307 |
Chapter 119. of the Revised Code, shall adopt
rules governing | 2308 |
assessments and assessment procedures and related
provisions. In | 2309 |
adopting these rules, the director shall
incorporate the | 2310 |
provisions of section 5751.09 of the Revised Code
to the greatest | 2311 |
extent possible, except that the director is not
required to | 2312 |
incorporate any provisions of that section that by
their nature | 2313 |
are not applicable, appropriate, or necessary to
assessments made | 2314 |
by the director under this section. | 2315 |
(2) A manufacturer may appeal the final determination of the | 2316 |
director regarding an assessment made by the director under this | 2317 |
section. The director, in accordance with Chapter 119. of the | 2318 |
Revised Code, shall adopt rules governing such appeals. In | 2319 |
adopting these rules, the director shall incorporate the | 2320 |
provisions of section 5717.02 of the Revised Code to the greatest | 2321 |
extent possible, except that the director is not required to | 2322 |
incorporate any provisions of that section that by their nature | 2323 |
are not applicable, appropriate, or necessary to appeals of | 2324 |
assessments made by the director under this section. | 2325 |
(E) The director, in accordance with Chapter 119. of the | 2326 |
Revised Code, shall adopt a penalty schedule setting forth the | 2327 |
monetary penalties to be imposed upon a manufacturer that is | 2328 |
issued a license under this section and fails to file an annual | 2329 |
report or pay the fee required by division (B) of this section in | 2330 |
a timely manner. The penalty
amounts shall not exceed the maximum | 2331 |
penalty amounts established
in section 5751.06 of the Revised | 2332 |
Code for similar or equivalent
facts or circumstances. | 2333 |
Sec. 4510.46. (A) A governmental agency, bureau, department, | 2348 |
or office, or a private corporation, or any other entity that | 2349 |
monitors certified ignition interlock devices for or on behalf of | 2350 |
a court shall inform the court whenever such a device that has | 2351 |
been installed in a motor vehicle indicates that it has prevented | 2352 |
an offender whose driver's or commercial driver's license or | 2353 |
permit
or nonresident operating privilege has been suspended by a | 2354 |
court
under division (G)(1)(a), (b), (c), (d), or (e) of section | 2355 |
4511.19 of the Revised Code and who has been granted limited | 2356 |
driving privileges under section 4510.13 of the Revised Code from | 2357 |
starting the motor vehicle because the device was tampered with or | 2358 |
circumvented or because the analysis of the deep-lung
breath | 2359 |
sample or other method employed by the ignition interlock
device | 2360 |
to measure the concentration by weight of alcohol in the | 2361 |
offender's breath indicated the presence of alcohol in the | 2362 |
offender's breath in a concentration sufficient to prevent the | 2363 |
ignition interlock device from permitting the motor vehicle to be | 2364 |
started. | 2365 |
(B) Upon receipt
of such information pertaining to an | 2366 |
offender whose driver's or commercial driver's license or permit | 2367 |
or nonresident operating privilege has been suspended by a court | 2368 |
under division (G)(1)(b), (c), (d), or (e) of section 4511.19 of | 2369 |
the Revised Code and who has been granted limited driving | 2370 |
privileges under section 4510.13 of the Revised Code, the court | 2371 |
shall
send a
notice to the offender stating
that it has | 2372 |
received
evidence of an
instance described in
division (A) of | 2373 |
this
section. If a court pursuant to division (A)(8) of section | 2374 |
4510.13 of the Revised Code requires the offender to wear an | 2375 |
alcohol monitor, the notice
shall state that
because of this | 2376 |
instance
the offender is
required to wear a
monitor that | 2377 |
provides for
continuous alcohol
monitoring in
accordance with | 2378 |
division (A)(8)
of section 4510.13
of the Revised
Code. The | 2379 |
notice
shall
further state that because
of this
instance the | 2380 |
court may
increase the period of suspension
of the
offender's | 2381 |
driver's
or commercial driver's license or
permit or | 2382 |
nonresident
operating
privilege from that originally
imposed by | 2383 |
the court
by a
factor
of two and may increase the
period of | 2384 |
time during
which the
offender will be prohibited from | 2385 |
exercising any
limited driving
privileges granted to the | 2386 |
offender
unless the
vehicles the
offender operates are equipped | 2387 |
with a
certified
ignition interlock
device by a factor of two. | 2388 |
The notice shall state whether the court will impose these | 2389 |
increases and, if so, that these increases will take effect | 2390 |
fourteen days from the date of the notice unless the offender | 2391 |
files a timely motion with the court, appealing the increases in | 2392 |
the
time described in this division and requesting a hearing on | 2393 |
the
matter. Any such motion that is filed within that | 2394 |
fourteen-day
period shall be considered to be filed in a timely | 2395 |
manner, and any
such motion that is filed after that fourteen-day | 2396 |
period shall be
considered not to be filed in a timely manner. If | 2397 |
the offender
files a timely motion, the court may hold a
hearing | 2398 |
on the
matter. The scope of the hearing is limited to | 2399 |
determining whether
the offender in fact was prevented from | 2400 |
starting a motor vehicle
that is equipped with a certified | 2401 |
ignition interlock device
because the device was tampered with or | 2402 |
circumvented or because
the analysis of the deep-lung breath | 2403 |
sample or other
method
employed by the ignition interlock device | 2404 |
to measure the
concentration by weight of alcohol in the | 2405 |
offender's breath
indicated the presence of alcohol in the | 2406 |
offender's breath in a
concentration sufficient to prevent the | 2407 |
ignition interlock device
from permitting the motor vehicle to be | 2408 |
started. | 2409 |
If the court finds by a preponderance of the evidence that | 2410 |
this instance as indicated by the ignition interlock device in | 2411 |
fact did occur, it may deny the offender's appeal and issue the | 2412 |
order increasing the relevant periods of time described in this | 2413 |
division. If the court finds by a preponderance of the evidence | 2414 |
that this instance as indicated by the ignition interlock device | 2415 |
in fact did not occur, it shall grant the offender's appeal and no | 2416 |
such order shall be issued. | 2417 |
(C) In no case shall any period of suspension of an | 2418 |
offender's driver's or commercial driver's license or permit or | 2419 |
nonresident operating privilege that is increased by a factor of | 2420 |
two or any period of time during which the offender is prohibited | 2421 |
from exercising any limited driving privileges granted to the | 2422 |
offender unless the vehicles the offender operates are equipped | 2423 |
with a certified ignition interlock device that is increased by a | 2424 |
factor of two exceed the maximum period of time for which the | 2425 |
court originally was authorized to suspend the offender's driver's | 2426 |
or commercial driver's license or permit or nonresident operating | 2427 |
privilege under division (G)(1)(a), (b), (c), (d), or (e) of | 2428 |
section 4511.19 of the Revised Code. | 2429 |
(5) A violation of division (A)(2), (3), or (4) of section | 2444 |
2903.06, division (A)(2) of section 2903.08, or former section | 2445 |
2903.07
of the Revised Code, or a municipal ordinance that is | 2446 |
substantially equivalent to any of
those divisions or that former | 2447 |
section, in a case in which a judge or jury as
the trier of fact | 2448 |
found that the offender was under the influence of alcohol, a drug | 2449 |
of
abuse, or a combination of them; | 2450 |
(7) A violation of a municipal ordinance prohibiting a person | 2453 |
from operating or being in physical control of any vessel underway | 2454 |
or from manipulating any water skis, aquaplane, or similar device | 2455 |
on the waters of this state while under the influence of alcohol, | 2456 |
a drug of abuse, or a combination of them or prohibiting a person | 2457 |
from operating or being in physical control of any vessel underway | 2458 |
or from manipulating any water skis, aquaplane, or similar device | 2459 |
on the waters of this state with a prohibited concentration of | 2460 |
alcohol, a controlled substance, or a metabolite of a controlled | 2461 |
substance in the whole blood, blood serum or plasma, breath, or | 2462 |
urine; | 2463 |
(C)
"Municipal OVI ordinance" and "municipal
OVI offense" | 2483 |
mean any
municipal ordinance prohibiting a person from operating a | 2484 |
vehicle while under
the influence of alcohol, a drug of abuse, or | 2485 |
a combination of them or
prohibiting
a person from operating a | 2486 |
vehicle with a prohibited concentration
of alcohol, a controlled | 2487 |
substance, or a metabolite of a controlled substance in the whole | 2488 |
blood, blood serum or plasma, breath, or
urine. | 2489 |
(I) The person is under the influence of alcohol, a drug of | 2591 |
abuse, or a combination of them, and, as measured by gas | 2592 |
chromatography mass spectrometry, the person has a concentration | 2593 |
of marihuana metabolite in the person's urine of at least fifteen | 2594 |
nanograms of marihuana metabolite per milliliter of the person's | 2595 |
urine or has a concentration of marihuana metabolite in the | 2596 |
person's whole blood or blood serum or plasma of at least five | 2597 |
nanograms of marihuana metabolite per milliliter of the person's | 2598 |
whole blood or blood serum or plasma. | 2599 |
(b) Subsequent to being arrested for operating the vehicle, | 2629 |
streetcar, or trackless trolley as described in division (A)(2)(a) | 2630 |
of this section, being asked by a law enforcement officer to | 2631 |
submit to a chemical test or tests under section 4511.191 of the | 2632 |
Revised Code, and being advised by the officer in accordance with | 2633 |
section 4511.192 of the Revised Code of the consequences of the | 2634 |
person's refusal or submission to the test or tests, refuse to | 2635 |
submit to the test or tests. | 2636 |
(D)(1)(a) In any criminal prosecution or juvenile court | 2659 |
proceeding for a violation of division (A)(1)(a) of this section | 2660 |
or for an equivalent offense that is vehicle-related, the result | 2661 |
of any test of any blood
or urine withdrawn and analyzed at any | 2662 |
health care provider, as
defined in section 2317.02 of the | 2663 |
Revised Code, may be admitted
with expert testimony to be | 2664 |
considered with any other relevant and
competent evidence in | 2665 |
determining the guilt or innocence of the
defendant. | 2666 |
(b) In any criminal prosecution or juvenile court
proceeding | 2667 |
for a violation of
division (A) or (B) of this section
or for an | 2668 |
equivalent
offense that is vehicle-related, the court may admit | 2669 |
evidence on the
concentration of
alcohol, drugs of abuse, | 2670 |
controlled substances,
metabolites of a controlled substance, or
| 2671 |
a combination of
them in
the
defendant's
whole blood,
blood serum | 2672 |
or plasma,
breath, urine,
or
other bodily
substance at the time | 2673 |
of the
alleged violation as
shown by
chemical analysis of the
| 2674 |
substance
withdrawn within
three hours of
the time of
the alleged | 2675 |
violation. The three-hour
time limit specified in this division | 2676 |
regarding the admission of
evidence does not extend or affect the | 2677 |
two-hour time limit
specified in division (A) of section 4511.192 | 2678 |
of the Revised Code
as the maximum period of time during which a | 2679 |
person may consent to
a chemical test or tests as described in | 2680 |
that section. The court
may admit evidence on the concentration | 2681 |
of alcohol, drugs of
abuse, or a combination of them as described | 2682 |
in this division when
a person submits to a blood, breath, urine, | 2683 |
or other bodily
substance test at the request of a
law | 2684 |
enforcement officer under
section 4511.191 of the
Revised
Code or | 2685 |
a blood or urine sample is
obtained pursuant to a search warrant. | 2686 |
Only a
physician, a
registered nurse, or a qualified
technician, | 2687 |
chemist,
or
phlebotomist shall withdraw a blood sample for
the | 2688 |
purpose of
determining
the
alcohol, drug, controlled substance, | 2689 |
metabolite of
a controlled substance, or
combination content
of | 2690 |
the whole
blood, blood serum,
or blood plasma.
This
limitation | 2691 |
does
not
apply to the taking of breath or urine
specimens. A
| 2692 |
person
authorized to withdraw blood under
this
division may | 2693 |
refuse to
withdraw blood
under this division, if in
that person's | 2694 |
opinion,
the physical welfare of
the person would
be
endangered | 2695 |
by the
withdrawing of blood. | 2696 |
(2) In a criminal prosecution or juvenile court proceeding | 2702 |
for a violation of division (A) of this section
or for an | 2703 |
equivalent offense that is vehicle-related, if there was at the | 2704 |
time the
bodily substance
was
withdrawn a concentration of less | 2705 |
than
the
applicable
concentration of alcohol specified in | 2706 |
divisions (A)(1)(b), (c),
(d), and (e) of this section or less | 2707 |
than the applicable
concentration of a listed controlled | 2708 |
substance or a listed
metabolite of a controlled substance | 2709 |
specified for a violation of
division (A)(1)(j) of this section, | 2710 |
that fact
may be considered
with other
competent evidence
in | 2711 |
determining the guilt or
innocence of the
defendant. This
division | 2712 |
does not limit or
affect
a criminal
prosecution or
juvenile court | 2713 |
proceeding for a
violation of
division (B) of this
section or
for | 2714 |
an equivalent
offense that
is
substantially
equivalent to
that | 2715 |
division. | 2716 |
If the chemical test was obtained pursuant to division | 2721 |
(D)(1)(b) of this section, the person tested may have a physician, | 2722 |
a registered nurse,
or a qualified technician, chemist,
or | 2723 |
phlebotomist of the
person's own
choosing administer a chemical | 2724 |
test or tests,
at the
person's
expense, in addition to any | 2725 |
administered at the request
of a
law enforcement
officer.
The
form | 2726 |
to be read to the person
to be tested, as required
under
section | 2727 |
4511.192 of the Revised
Code, shall state that the person
may have | 2728 |
an
independent test
performed at the person's expense.
The failure | 2729 |
or
inability to
obtain an additional
chemical test by
a person | 2730 |
shall not preclude
the admission of
evidence relating to
the | 2731 |
chemical test or tests
taken at the
request of a
law
enforcement | 2732 |
officer. | 2733 |
(b) In any criminal prosecution or juvenile court proceeding | 2739 |
for a violation of division (A) or (B) of this section, of a | 2740 |
municipal ordinance relating to operating a vehicle while under | 2741 |
the influence of alcohol, a drug of abuse, or alcohol and a drug | 2742 |
of abuse, or of a municipal ordinance relating to operating a | 2743 |
vehicle with a prohibited concentration of alcohol, a controlled | 2744 |
substance, or a metabolite of a controlled substance in the whole | 2745 |
blood,
blood serum or plasma, breath, or urine, if a law | 2746 |
enforcement officer has administered a
field sobriety test to the | 2747 |
operator of the vehicle involved in the
violation and if it is | 2748 |
shown by clear and convincing evidence that
the officer | 2749 |
administered the test in substantial
compliance with
the testing | 2750 |
standards for any reliable, credible,
and generally
accepted field | 2751 |
sobriety
tests that were in effect at
the time the
tests were | 2752 |
administered, including, but not limited
to, any
testing standards | 2753 |
then in effect that were set by the
national
highway traffic | 2754 |
safety administration, all
of the
following apply: | 2755 |
(E)(1)
Subject to division (E)(3) of
this section,
in any | 2774 |
criminal prosecution or juvenile court proceeding for a
violation | 2775 |
of
division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j) | 2776 |
or
(B)(1), (2), (3), or
(4) of this
section or for an equivalent | 2777 |
offense that is substantially equivalent to any
of those | 2778 |
divisions, a laboratory report from any
laboratory
personnel | 2779 |
issued a permit by the department of health authorizing an | 2780 |
analysis as described in this division that
contains an analysis | 2781 |
of
the whole blood, blood serum or plasma,
breath, urine, or other | 2782 |
bodily substance tested and that contains
all of the information | 2783 |
specified in this division shall be
admitted as prima-facie | 2784 |
evidence of the information and statements
that the report | 2785 |
contains. The laboratory report shall contain all
of the | 2786 |
following: | 2787 |
(2) Notwithstanding any other provision of law regarding the | 2805 |
admission of
evidence, a report of the type described
in division | 2806 |
(E)(1) of this section is not admissible against the
defendant to | 2807 |
whom
it pertains in any proceeding, other than a preliminary | 2808 |
hearing or a grand
jury proceeding, unless the prosecutor
has | 2809 |
served a
copy of the report on the defendant's attorney or, if the | 2810 |
defendant has no attorney, on the defendant. | 2811 |
(3) A report of the type described in division (E)(1) of
this | 2812 |
section shall not be prima-facie evidence of the contents, | 2813 |
identity, or amount
of any substance if, within seven days after | 2814 |
the
defendant to whom the report pertains or the defendant's | 2815 |
attorney
receives a copy of the report, the defendant or the | 2816 |
defendant's
attorney demands the testimony of the person who | 2817 |
signed the
report. The judge in the case may extend the seven-day | 2818 |
time limit
in the interest of justice. | 2819 |
(F) Except as otherwise provided in this division, any | 2820 |
physician, registered nurse, or qualified
technician, chemist,
or | 2821 |
phlebotomist who
withdraws blood from a person pursuant
to this | 2822 |
section or section 4511.191 or 4511.192 of the Revised Code, and | 2823 |
any hospital, first-aid station, or clinic
at which
blood is | 2824 |
withdrawn from a person pursuant to this
section or section | 2825 |
4511.191 or 4511.192 of the Revised Code, is
immune from criminal | 2826 |
liability and
civil
liability
based upon a
claim of assault and | 2827 |
battery or
any other
claim that is not
a
claim
of malpractice, for | 2828 |
any
act performed in withdrawing blood
from
the person.
The | 2829 |
immunity
provided in this division is not
available to a
person | 2830 |
who
withdraws blood if the person engages in
willful or wanton | 2831 |
misconduct. | 2832 |
(G)(1) Whoever violates any provision of divisions
(A)(1)(a) | 2833 |
to
(i) or (A)(2) of this section is
guilty of
operating a vehicle | 2834 |
under the
influence of alcohol, a drug of abuse, or a
combination | 2835 |
of them.
Whoever violates division (A)(1)(j) of this section is | 2836 |
guilty of operating a vehicle while under the influence of a | 2837 |
listed controlled substance or a listed metabolite of a controlled | 2838 |
substance. The court shall sentence the offender for either | 2839 |
offense under
Chapter 2929. of the
Revised Code, except as | 2840 |
otherwise
authorized or required by
divisions (G)(1)(a)
to (e)
of | 2841 |
this section: | 2842 |
(i)
If the sentence is being imposed for a violation of | 2847 |
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 2848 |
mandatory jail term
of three consecutive days. As used in
this | 2849 |
division, three consecutive days means seventy-two consecutive | 2850 |
hours.
The court
may sentence an offender to both an
intervention | 2851 |
program and a jail term. The court may impose a jail
term in | 2852 |
addition to the three-day mandatory jail term or intervention | 2853 |
program. However,
in no case shall the cumulative jail term | 2854 |
imposed for the offense
exceed six months. | 2855 |
The court may suspend the execution of the
three-day jail | 2856 |
term under this division if the court, in lieu of that
suspended | 2857 |
term, places the offender under a community control sanction | 2858 |
pursuant to section 2929.25 of the Revised Code and requires the | 2859 |
offender
to
attend, for three consecutive days, a
drivers' | 2860 |
intervention
program certified under section 3793.10 of the | 2861 |
Revised Code.
The
court also may suspend the execution of any | 2862 |
part of the
three-day
jail term under this division if it places | 2863 |
the offender under a community control sanction pursuant to | 2864 |
section 2929.25 of the Revised Code for part of the three days, | 2865 |
requires the offender to
attend for the suspended part of the term | 2866 |
a drivers' intervention
program so certified, and sentences the | 2867 |
offender to a jail term
equal to the remainder of the three | 2868 |
consecutive days that the
offender does not spend attending the | 2869 |
program. The court may
require the offender, as a condition of | 2870 |
community control and in addition
to the required attendance at a | 2871 |
drivers' intervention program, to
attend and satisfactorily | 2872 |
complete any treatment or education
programs that comply with the | 2873 |
minimum standards adopted pursuant
to Chapter 3793. of the Revised | 2874 |
Code by the director of alcohol
and drug addiction services that | 2875 |
the operators of the drivers'
intervention program determine that | 2876 |
the offender should attend and
to report periodically to the court | 2877 |
on the offender's progress in
the programs. The court also may | 2878 |
impose on the offender any other
conditions of community control | 2879 |
that it considers necessary. | 2880 |
(ii)
If the sentence is being imposed for a violation of | 2881 |
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 2882 |
section, except as
otherwise provided in
this division, a | 2883 |
mandatory jail term of at
least three consecutive
days and a | 2884 |
requirement that the offender
attend, for three
consecutive days, | 2885 |
a drivers' intervention
program that is
certified pursuant to | 2886 |
section 3793.10 of the
Revised Code. As
used in this division, | 2887 |
three consecutive days
means seventy-two consecutive
hours. If the | 2888 |
court determines that
the offender is not
conducive to treatment | 2889 |
in a drivers'
intervention program, if the
offender refuses to | 2890 |
attend a drivers'
intervention program, or if the jail at
which | 2891 |
the offender is to
serve the jail term imposed can provide a | 2892 |
driver's intervention
program, the court shall sentence the | 2893 |
offender to a mandatory jail
term of at least six consecutive | 2894 |
days. | 2895 |
The court may require the offender, under a community control | 2896 |
sanction imposed under section 2929.25 of the Revised Code,
to | 2897 |
attend and satisfactorily complete any treatment or
education | 2898 |
programs that comply with the minimum standards adopted
pursuant | 2899 |
to
Chapter 3793. of the Revised Code by the director of
alcohol | 2900 |
and drug addiction services, in addition to the required | 2901 |
attendance at
drivers' intervention program, that the operators of | 2902 |
the drivers' intervention
program determine that
the offender | 2903 |
should attend and to report periodically to the court
on the | 2904 |
offender's progress in the programs. The court also may
impose
any | 2905 |
other conditions of community control on the offender that it | 2906 |
considers necessary. | 2907 |
(i)
If the sentence is being imposed for a violation of | 2923 |
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 2924 |
mandatory jail term
of ten consecutive days. The court
shall | 2925 |
impose the ten-day mandatory jail term under this division unless, | 2926 |
subject to division (G)(3) of this section, it instead
imposes a | 2927 |
sentence under that division consisting of both a jail term and a | 2928 |
term of
house arrest with electronic monitoring, with continuous | 2929 |
alcohol monitoring, or with both electronic monitoring and | 2930 |
continuous alcohol monitoring. The court may
impose a
jail term in | 2931 |
addition to the
ten-day mandatory jail term.
The
cumulative jail | 2932 |
term imposed for the offense shall not exceed
six
months. | 2933 |
In addition to the jail term or the term of house arrest with | 2934 |
electronic monitoring or continuous alcohol monitoring or both | 2935 |
types of monitoring and jail term, the court mayshall require the | 2936 |
offender
to attend a drivers' interventionbe assessed by an | 2937 |
alcohol and drug treatment program that is
certified pursuant to | 2938 |
authorized by
section 3793.103793.02 of the Revised Code, subject | 2939 |
to division (I) of this section, and shall order the offender to | 2940 |
follow the treatment recommendations of the program. If the | 2941 |
operator of the
program determines that the offender is alcohol | 2942 |
dependent, theThe purpose of the assessment is to determine the | 2943 |
degree of the offender's alcohol usage and to determine whether or | 2944 |
not treatment is warranted. Upon the request of the court, the | 2945 |
program shall notify the court,
and, subject to
division (I) of | 2946 |
this section, the court shall
order the offender
to obtain | 2947 |
treatment through
an alcohol and drug
addiction program
authorized | 2948 |
by section 3793.02 of the Revised
Codesubmit the results of the | 2949 |
assessment to the court, including
all treatment recommendations | 2950 |
and clinical diagnoses related to
alcohol use. | 2951 |
(ii)
If the sentence is being imposed for a violation of | 2952 |
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 2953 |
section, except as
otherwise provided in
this division, a | 2954 |
mandatory jail term of
twenty consecutive days. The court
shall | 2955 |
impose the twenty-day
mandatory jail term under
this division | 2956 |
unless, subject to
division (G)(3) of this section,
it instead | 2957 |
imposes a sentence
under that division
consisting of both a jail | 2958 |
term and a term of
house arrest with electronic monitoring, with | 2959 |
continuous alcohol monitoring, or with both electronic monitoring | 2960 |
and continuous alcohol monitoring. The court may impose a
jail | 2961 |
term in
addition to the twenty-day
mandatory jail term. The | 2962 |
cumulative
jail term imposed for the offense shall
not exceed six | 2963 |
months. | 2964 |
In addition to the jail term or the term of house arrest with | 2965 |
electronic monitoring or continuous alcohol monitoring or both | 2966 |
types of monitoring and jail term, the court mayshall require the | 2967 |
offender
to attend a driver's interventionbe assessed by an | 2968 |
alcohol and drug treatment program that is
certified pursuant to | 2969 |
authorized by
section 3793.103793.02 of the Revised Code, subject | 2970 |
to division (I) of this section, and shall order the offender to | 2971 |
follow the treatment recommendations of the program. If the | 2972 |
operator of the
program determines that the offender is alcohol | 2973 |
dependent, theThe purpose of the assessment is to determine the | 2974 |
degree of the offender's alcohol usage and to determine whether or | 2975 |
not treatment is warranted. Upon the request of the court, the | 2976 |
program shall notify the court,
and, subject to
division (I) of | 2977 |
this section, the court shall
order the offender
to obtain | 2978 |
treatment through an alcohol and drug
addiction program | 2979 |
authorized
by section 3793.02 of the Revised
Codesubmit the | 2980 |
results of the assessment to the court, including
all treatment | 2981 |
recommendations and clinical diagnoses related to
alcohol use. | 2982 |
(iv)
In all cases, a class four license suspension of the | 2987 |
offender's driver's
license, commercial driver's license, | 2988 |
temporary instruction permit,
probationary license, or nonresident | 2989 |
operating privilege from the range
specified in division (A)(4) of | 2990 |
section 4510.02 of
the Revised Code. The court may grant limited | 2991 |
driving
privileges relative to the suspension under sections | 2992 |
4510.021 and 4510.13 of
the Revised Code. | 2993 |
(i)
If the sentence is being imposed for a violation of | 3005 |
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 3006 |
mandatory jail term
of thirty consecutive days. The court
shall | 3007 |
impose the thirty-day mandatory jail term under this division | 3008 |
unless, subject to division (G)(3) of this section, it
instead | 3009 |
imposes a sentence under that division consisting of both a jail | 3010 |
term and a term of
house arrest with electronic monitoring, with | 3011 |
continuous alcohol monitoring, or with both electronic monitoring | 3012 |
and continuous alcohol monitoring. The
court may impose a
jail | 3013 |
term in addition to the
thirty-day
mandatory jail term. | 3014 |
Notwithstanding the jail terms
set
forth in sections 2929.21 to | 3015 |
2929.28 of the Revised Code, the additional
jail
term shall not | 3016 |
exceed one year, and the cumulative jail term
imposed
for the | 3017 |
offense shall not exceed
one year. | 3018 |
(ii)
If the sentence is being imposed for a violation of | 3019 |
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 3020 |
section, a mandatory
jail term of
sixty
consecutive days. The | 3021 |
court shall impose the
sixty-day mandatory jail
term under this | 3022 |
division unless, subject
to division (G)(3)
of this section, it | 3023 |
instead imposes a sentence
under that division
consisting of both | 3024 |
a jail term
and a term of
house arrest with electronic monitoring, | 3025 |
with continuous alcohol monitoring, or with both electronic | 3026 |
monitoring and continuous alcohol monitoring. The court may impose | 3027 |
a
jail term in
addition to the sixty-day mandatory jail term.
| 3028 |
Notwithstanding
the jail terms set forth in sections 2929.21 to | 3029 |
2929.28 of the
Revised Code, the additional jail term shall
not | 3030 |
exceed one year,
and the cumulative jail term imposed for the | 3031 |
offense
shall not
exceed one year. | 3032 |
(iv)
In all cases, a class three license suspension of the | 3037 |
offender's driver's
license, commercial driver's license, | 3038 |
temporary instruction permit,
probationary license, or nonresident | 3039 |
operating privilege from the range
specified in division (A)(3) of | 3040 |
section 4510.02 of the
Revised Code. The court may grant limited | 3041 |
driving
privileges
relative to the suspension under sections | 3042 |
4510.021 and 4510.13 of the
Revised Code. | 3043 |
(vi)
In all cases, participationthe court shall order the | 3050 |
offender to participate in an alcohol and drug
addiction
program | 3051 |
authorized by section
3793.02 of the Revised
Code, subject to | 3052 |
division (I) of this
section, and shall order the offender to | 3053 |
follow the treatment recommendations of the program. The operator | 3054 |
of the
program shall determine and assess the degree of the | 3055 |
offender's
alcohol dependency and shall make recommendations for | 3056 |
treatment. Upon the request of the court, the program shall submit | 3057 |
the results of the assessment to the court, including all | 3058 |
treatment recommendations and clinical diagnoses related to | 3059 |
alcohol use. | 3060 |
(d)
Except as otherwise provided in division
(G)(1)(e)
of | 3061 |
this section, an offender who, within six
years of the offense, | 3062 |
previously has been
convicted of or pleaded guilty to three or
| 3063 |
four violations of division
(A) or (B) of this section or other | 3064 |
equivalent offenses or an offender who, within twenty years of the | 3065 |
offense, previously has been convicted of or pleaded guilty to | 3066 |
five or more violations of that nature is
guilty of a felony of | 3067 |
the fourth degree.
The court shall
sentence the offender to all of | 3068 |
the following: | 3069 |
(i)
If the sentence is being imposed for a violation of | 3070 |
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 3071 |
mandatory prison term of one, two, three, four, or five years as | 3072 |
required by and in accordance with division (G)(2) of section | 3073 |
2929.13 of the Revised Code if the offender also is convicted of | 3074 |
or also pleads guilty to a specification of the type described in | 3075 |
section 2941.1413 of the Revised Code or, in the
discretion of
the | 3076 |
court, either a mandatory term of local
incarceration of sixty | 3077 |
consecutive
days in accordance with
division (G)(1) of section | 3078 |
2929.13 of the Revised Code or a
mandatory prison term of sixty | 3079 |
consecutive days in
accordance
with division (G)(2) of that | 3080 |
section if the offender is not convicted of and does not plead | 3081 |
guilty to a specification of that type. If the
court
imposes a | 3082 |
mandatory term of local incarceration, it may impose a
jail
term | 3083 |
in addition to the sixty-day mandatory term, the
cumulative total | 3084 |
of the mandatory
term and the jail term for the
offense
shall not | 3085 |
exceed one year, and, except as provided in division (A)(1) of | 3086 |
section 2929.13 of the Revised Code, no prison term is
authorized | 3087 |
for the
offense. If the court imposes a mandatory
prison term, | 3088 |
notwithstanding
division (A)(4) of section 2929.14 of
the Revised | 3089 |
Code, it also may sentence the offender to a definite
prison term | 3090 |
that shall be not less than six months and not more
than thirty | 3091 |
months and the
prison terms shall be imposed as described
in | 3092 |
division (G)(2) of
section 2929.13 of the Revised Code. If the | 3093 |
court imposes a mandatory prison term or mandatory prison term and | 3094 |
additional prison term, in addition to the term or terms so | 3095 |
imposed, the court also may sentence the offender to a community | 3096 |
control sanction for the offense, but the offender shall serve all | 3097 |
of the prison terms so imposed prior to serving the community | 3098 |
control sanction. | 3099 |
(ii)
If the sentence is being imposed for a violation of | 3100 |
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 3101 |
section, a mandatory prison term of one, two, three, four, or five | 3102 |
years as required by and in accordance with division (G)(2) of | 3103 |
section 2929.13 of the Revised Code if the offender also is | 3104 |
convicted of or also pleads guilty to a specification of the type | 3105 |
described in section 2941.1413 of the Revised Code or, in the | 3106 |
discretion of the
court, either a mandatory term of local | 3107 |
incarceration of one
hundred twenty consecutive days in accordance | 3108 |
with division (G)(1)
of section 2929.13 of the Revised Code or a | 3109 |
mandatory prison
term of one hundred twenty consecutive days in | 3110 |
accordance with division
(G)(2) of that section if the offender is | 3111 |
not convicted of and does not plead guilty to a specification of | 3112 |
that type. If the court
imposes a mandatory
term of local | 3113 |
incarceration, it may impose a
jail term in addition to the one | 3114 |
hundred twenty-day mandatory
term, the cumulative total of the | 3115 |
mandatory term
and the jail term
for
the offense shall not exceed | 3116 |
one year, and, except as provided in division (A)(1) of section | 3117 |
2929.13 of the Revised Code, no prison term is
authorized for the | 3118 |
offense. If the court imposes a mandatory
prison term, | 3119 |
notwithstanding division (A)(4) of section 2929.14 of
the Revised | 3120 |
Code,
it also may sentence the offender to a definite
prison term | 3121 |
that shall be not
less than six months and not more
than thirty | 3122 |
months and the prison terms shall
be imposed as described
in | 3123 |
division (G)(2) of section 2929.13 of the Revised Code. If the | 3124 |
court imposes a mandatory prison term or mandatory prison term and | 3125 |
additional prison term, in addition to the term or terms so | 3126 |
imposed, the court also may sentence the offender to a community | 3127 |
control sanction for the offense, but the offender shall serve all | 3128 |
of the prison terms so imposed prior to serving the community | 3129 |
control sanction. | 3130 |
(iv)
In all cases, a class two license suspension of the | 3134 |
offender's driver's
license, commercial driver's license, | 3135 |
temporary instruction permit,
probationary license, or nonresident | 3136 |
operating privilege from the range
specified in division (A)(2) of | 3137 |
section 4510.02 of the
Revised Code. The court may grant limited | 3138 |
driving
privileges
relative to the suspension under sections | 3139 |
4510.021 and 4510.13 of the
Revised Code. | 3140 |
(vi)
In all cases, participationthe court shall order the | 3147 |
offender to participate in an alcohol and drug
addiction
program | 3148 |
authorized by section 3793.02 of the Revised
Code, subject to | 3149 |
division (I) of this section, and shall order the offender to | 3150 |
follow the treatment recommendations of the program. The operator | 3151 |
of the
program shall determine and assess the degree of the | 3152 |
offender's
alcohol dependency and shall make recommendations for | 3153 |
treatment. Upon the request of the court, the program shall submit | 3154 |
the results of the assessment to the court, including all | 3155 |
treatment recommendations and clinical diagnoses related to | 3156 |
alcohol use. | 3157 |
(i)
If the offender is being sentenced for a violation of | 3170 |
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 3171 |
mandatory prison term of one, two, three, four, or five years as | 3172 |
required by and in accordance with division (G)(2) of section | 3173 |
2929.13 of the Revised Code if the offender also is convicted of | 3174 |
or also pleads guilty to a specification of the type described in | 3175 |
section 2941.1413 of the Revised Code or a
mandatory
prison term | 3176 |
of sixty consecutive days in
accordance with
division (G)(2) of | 3177 |
section 2929.13 of the Revised Code if the offender is not | 3178 |
convicted of and does not plead guilty to a specification of that | 3179 |
type. The court
may impose a prison term in
addition to the | 3180 |
mandatory
prison term. The cumulative
total of
a sixty-day | 3181 |
mandatory prison term
and the additional prison term for the | 3182 |
offense shall
not exceed
five years. In addition to the mandatory | 3183 |
prison term or mandatory prison term and additional prison term | 3184 |
the court imposes, the court also may sentence the offender to a | 3185 |
community
control sanction for the
offense, but the offender | 3186 |
shall serve all of the prison terms so imposed prior to serving | 3187 |
the community control sanction. | 3188 |
(ii)
If the sentence is being imposed for a violation of | 3189 |
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 3190 |
section, a mandatory prison term of one, two, three, four, or five | 3191 |
years as required by and in accordance with division (G)(2) of | 3192 |
section 2929.13 of the Revised Code if the offender also is | 3193 |
convicted of or also pleads guilty to a specification of the type | 3194 |
described in section 2941.1413 of the Revised Code or a mandatory | 3195 |
prison term of
one
hundred twenty consecutive days in accordance | 3196 |
with division (G)(2)
of section 2929.13 of the Revised Code if the | 3197 |
offender is not convicted of and does not plead guilty to a | 3198 |
specification of that type. The
court may
impose a prison term in | 3199 |
addition to the mandatory
prison term. The cumulative total of a | 3200 |
one hundred twenty-day
mandatory prison term and
the additional | 3201 |
prison term for the
offense shall not exceed five
years. In | 3202 |
addition to the mandatory prison term or mandatory prison term and | 3203 |
additional prison term the court imposes, the court also may | 3204 |
sentence the offender to a community
control sanction for the | 3205 |
offense, but the offender shall serve all of the prison terms so | 3206 |
imposed prior to serving the community control sanction. | 3207 |
(iv)
In all cases, a class two license suspension of the | 3211 |
offender's driver's
license, commercial driver's license, | 3212 |
temporary instruction permit,
probationary license, or nonresident | 3213 |
operating privilege from the range
specified in division (A)(2) of | 3214 |
section 4510.02 of the
Revised Code. The court may grant limited | 3215 |
driving
privileges
relative to the suspension under sections | 3216 |
4510.021 and 4510.13 of the
Revised Code. | 3217 |
(vi)
In all cases, participationthe court shall order the | 3224 |
offender to participate in an alcohol and drug
addiction
program | 3225 |
authorized by section 3793.02 of the Revised
Code,
subject to | 3226 |
division (I) of this section, and shall order the offender to | 3227 |
follow the treatment recommendations of the program. The operator | 3228 |
of the
program shall determine and assess the degree of the | 3229 |
offender's
alcohol dependency and shall make recommendations for | 3230 |
treatment. Upon the request of the court, the program shall submit | 3231 |
the results of the assessment to the court, including all | 3232 |
treatment recommendations and clinical diagnoses related to | 3233 |
alcohol use. | 3234 |
(3) If an offender is sentenced to a jail term under
division | 3242 |
(G)(1)(b)(i)
or (ii)
or
(G)(1)(c)(i)
or (ii)
of this
section and | 3243 |
if,
within sixty days of
sentencing of the offender,
the court | 3244 |
issues a written finding on the record
that, due to the | 3245 |
unavailability of space at the
jail where the offender is required | 3246 |
to serve the term, the offender will not
be able to begin serving | 3247 |
that term within the
sixty-day period following the date of | 3248 |
sentencing, the court may
impose an alternative sentence under | 3249 |
this division that includes a
term of house arrest with electronic | 3250 |
monitoring, with continuous alcohol monitoring, or with both | 3251 |
electronic monitoring and continuous alcohol monitoring. | 3252 |
As an alternative to a mandatory jail term of ten consecutive | 3253 |
days
required by division (G)(1)(b)(i) of this
section, the court, | 3254 |
under this division, may sentence the
offender to five consecutive | 3255 |
days in jail and not less than eighteen consecutive days of house | 3256 |
arrest with electronic monitoring, with continuous alcohol | 3257 |
monitoring, or with both electronic monitoring and continuous | 3258 |
alcohol monitoring. The cumulative total of
the five consecutive | 3259 |
days in
jail and the period of house arrest with electronic | 3260 |
monitoring, continuous alcohol monitoring, or both types of | 3261 |
monitoring shall
not exceed six months. The five
consecutive days | 3262 |
in jail do not
have to be served prior to or
consecutively to the | 3263 |
period of house
arrest. | 3264 |
As an alternative to the mandatory jail term of twenty | 3265 |
consecutive
days required by division (G)(1)(b)(ii)
of
this | 3266 |
section, the
court, under this division, may sentence the offender | 3267 |
to ten consecutive days
in jail and not less than thirty-six | 3268 |
consecutive days of
house arrest with electronic monitoring, with | 3269 |
continuous alcohol monitoring, or with both electronic monitoring | 3270 |
and continuous alcohol monitoring. The
cumulative total of the ten | 3271 |
consecutive days in
jail and the
period of house arrest with | 3272 |
electronic monitoring, continuous alcohol monitoring, or both | 3273 |
types of monitoring shall
not exceed
six months. The ten | 3274 |
consecutive days in jail do not
have to be
served prior to or | 3275 |
consecutively to the period of house
arrest. | 3276 |
As an alternative to a mandatory jail term of thirty | 3277 |
consecutive
days required by division (G)(1)(c)(i) of
this | 3278 |
section, the court,
under this division, may sentence the offender | 3279 |
to fifteen consecutive days in
jail and not less than fifty-five | 3280 |
consecutive days of house arrest with electronic monitoring, with | 3281 |
continuous alcohol monitoring, or with both electronic monitoring | 3282 |
and continuous alcohol monitoring. The
cumulative total of the | 3283 |
fifteen
consecutive days in jail and the
period of house arrest | 3284 |
with electronic monitoring, continuous alcohol monitoring, or both | 3285 |
types of monitoring shall not exceed
one year. The fifteen | 3286 |
consecutive days in jail
do not have to be
served prior to or | 3287 |
consecutively to the period of house arrest. | 3288 |
As an alternative to the mandatory jail term of sixty | 3289 |
consecutive
days required by division (G)(1)(c)(ii)
of
this | 3290 |
section, the
court, under this division, may sentence the offender | 3291 |
to thirty
consecutive days in jail and not less than one hundred | 3292 |
ten
consecutive days of house arrest with electronic monitoring, | 3293 |
with continuous alcohol monitoring, or with both electronic | 3294 |
monitoring and continuous alcohol monitoring.
The
cumulative total | 3295 |
of the thirty consecutive days in jail and
the
period of house | 3296 |
arrest with electronic monitoring, continuous alcohol monitoring, | 3297 |
or both types of monitoring shall not
exceed
one year. The thirty | 3298 |
consecutive days in jail do not have
to be
served prior to or | 3299 |
consecutively to the period of house
arrest. | 3300 |
(4) If an offender's driver's or occupational driver's | 3301 |
license or
permit or nonresident operating privilege is suspended | 3302 |
under division
(G) of this
section and if section 4510.13 of the | 3303 |
Revised Code permits the
court to grant limited driving | 3304 |
privileges, the court may
grant the limited driving privileges
in | 3305 |
accordance with that section. If division (A)(7) of that section | 3306 |
requires that the court impose as a condition of the
privileges | 3307 |
that the
offender must display on the vehicle that is
driven | 3308 |
subject to the privileges
restricted license plates that
are | 3309 |
issued under section 4503.231 of the Revised Code, except
as | 3310 |
provided in division (B) of that section, the court shall impose | 3311 |
that condition as one of the conditions of the limited driving | 3312 |
privileges granted to the offender, except as provided in division | 3313 |
(B) of section 4503.231 of the Revised Code. | 3314 |
(a)
Twenty-five dollars of the fine imposed under division | 3317 |
(G)(1)(a)(iii), thirty-five
dollars of the fine imposed under | 3318 |
division
(G)(1)(b)(iii), one
hundred twenty-three dollars of the | 3319 |
fine imposed under division
(G)(1)(c)(iii),
and two hundred
ten | 3320 |
dollars of the fine imposed under division
(G)(1)(d)(iii) or | 3321 |
(e)(iii)
of this section shall be paid to an enforcement
and | 3322 |
education fund established by the legislative authority of the law | 3323 |
enforcement
agency in this state that primarily was responsible | 3324 |
for the arrest of the
offender, as determined by the court that | 3325 |
imposes the fine. The agency shall
use this share to pay only | 3326 |
those costs it incurs in
enforcing this section or a municipal OVI | 3327 |
ordinance
and in informing the public of the laws governing the | 3328 |
operation of
a vehicle while under the influence of alcohol, the | 3329 |
dangers of
the operation of a vehicle under the influence of | 3330 |
alcohol, and other
information relating to the operation of a | 3331 |
vehicle under the influence of
alcohol and the consumption of | 3332 |
alcoholic beverages. | 3333 |
(b)
Fifty dollars of the fine imposed under division | 3334 |
(G)(1)(a)(iii)
of
this section shall be paid to the political | 3335 |
subdivision that pays the cost of
housing the offender during the | 3336 |
offender's term of incarceration. If the
offender is being | 3337 |
sentenced for a violation of division (A)(1)(a), (b), (c), (d), | 3338 |
(e), or (j) of this section and was confined as a result of the | 3339 |
offense
prior to being
sentenced for the offense but is not | 3340 |
sentenced to a
term of incarceration, the
fifty dollars shall
be | 3341 |
paid to the
political subdivision that paid the cost of housing | 3342 |
the offender
during that period of confinement. The political | 3343 |
subdivision
shall use the share under this division to pay or | 3344 |
reimburse
incarceration or treatment costs it incurs in housing or | 3345 |
providing
drug and alcohol treatment to persons who violate this | 3346 |
section or
a municipal OVI ordinance, costs of any immobilizing or | 3347 |
disabling
device used on the offender's vehicle, and costs of | 3348 |
electronic
house
arrest equipment
needed for persons who violate | 3349 |
this
section. | 3350 |
(d)
One hundred fifteen dollars of the fine imposed under | 3358 |
division
(G)(1)(b)(iii),
two hundred seventy-seven
dollars of the | 3359 |
fine imposed under division
(G)(1)(c)(iii),
and four hundred forty | 3360 |
dollars of the fine imposed under division
(G)(1)(d)(iii) or | 3361 |
(e)(iii)
of this section shall be paid to the political | 3362 |
subdivision
that pays the cost of housing the offender during the | 3363 |
offender's term of
incarceration. The political subdivision shall | 3364 |
use
this share to pay or reimburse incarceration or treatment | 3365 |
costs it incurs in
housing or providing drug and alcohol treatment | 3366 |
to persons who
violate this section or a municipal OVI ordinance, | 3367 |
costs for any
immobilizing or disabling device used on the | 3368 |
offender's vehicle, and costs of electronic house arrest equipment | 3369 |
needed for
persons who violate this section. | 3370 |
(e) Fifty dollars of the fine imposed under (G)(1)(a)(iii), | 3371 |
(G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii), and (G)(1)(e)(iii) | 3372 |
of this section shall be deposited into the special projects fund | 3373 |
of the court in which the offender was convicted and that is | 3374 |
established under division (E)(1) of section 2303.201 or division | 3375 |
(B)(1) of section 1901.26 of the Revised Code, to be used | 3376 |
exclusively to cover the cost of immobilizing or disabling | 3377 |
devices, including certified ignition interlock devices, and | 3378 |
remote alcohol monitoring devices for indigent offenders who are | 3379 |
required by a judge to use either of these devices. If the county | 3380 |
or municipal corporation in which the offender was convicted does | 3381 |
not have a special projects fund that is established under | 3382 |
division (E)(1) of section 2303.201 or division (B)(1) of section | 3383 |
1901.26 of the Revised Code, the fifty dollars shall be deposited | 3384 |
into the indigent drivers
interlock and alcohol monitoring fund | 3385 |
under division (I) of
section 4511.191 of the Revised Code. | 3386 |
(e)(f)
Seventy-five dollars of the fine imposed under | 3387 |
division
(G)(1)(a)(iii), one hundred twenty-five dollars of the | 3388 |
fine
imposed under division (G)(1)(b)(iii), two hundred fifty | 3389 |
dollars
of the fine imposed under division (G)(1)(c)(iii), and | 3390 |
five
hundred dollars of the fine imposed under division | 3391 |
(G)(1)(d)(iii)
or (e)(iii) of this section shall be transmitted | 3392 |
to the treasurer
of state for deposit into the indigent defense | 3393 |
support fund
established under section 120.08 of the Revised | 3394 |
Code. | 3395 |
(6) If title to a motor vehicle that is subject to an order | 3399 |
of criminal forfeiture under division (G)(1)(c), (d), or (e) of | 3400 |
this section is assigned or transferred and division (B)(2) or (3) | 3401 |
of section 4503.234 of the Revised Code applies, in addition to or | 3402 |
independent of any other penalty established by law, the court may | 3403 |
fine the offender the value of the vehicle as determined by | 3404 |
publications of the national auto dealers association. The | 3405 |
proceeds of any fine so imposed shall be distributed in accordance | 3406 |
with division (C)(2) of that section. | 3407 |
(1) Except as otherwise provided in division (H)(2) of this | 3415 |
section, the offender is guilty of a misdemeanor of the fourth | 3416 |
degree. In
addition to any other sanction imposed for the
offense, | 3417 |
the court shall impose a class six suspension of the
offender's | 3418 |
driver's license, commercial driver's license,
temporary | 3419 |
instruction permit,
probationary license, or nonresident
operating | 3420 |
privilege from the range
specified in division (A)(6) of
section | 3421 |
4510.02 of the Revised Code. | 3422 |
(2) If, within one year of the offense, the offender | 3423 |
previously
has been convicted of or pleaded guilty to one or more | 3424 |
violations of
division (A) or (B) of this section or other | 3425 |
equivalent
offenses, the
offender is guilty of a
misdemeanor of | 3426 |
the third degree. In addition to any
other
sanction imposed
for | 3427 |
the offense, the court shall impose a class
four suspension of the | 3428 |
offender's driver's license, commercial
driver's license, | 3429 |
temporary
instruction permit, probationary
license, or nonresident | 3430 |
operating privilege
from the range
specified in division (A)(4) of | 3431 |
section 4510.02 of the Revised
Code. | 3432 |
(2) Any person who operates a vehicle, streetcar, or | 3492 |
trackless trolley upon
a highway or any public or private property | 3493 |
used by the public
for vehicular travel or parking within this | 3494 |
state
or who is in physical control of a vehicle,
streetcar, or | 3495 |
trackless trolley shall be deemed
to have given
consent to a | 3496 |
chemical test or tests of the
person's
whole blood,
blood serum or | 3497 |
plasma, breath, or urine
to
determine the alcohol,
drug of abuse, | 3498 |
controlled substance, metabolite of a controlled substance, or
| 3499 |
combination
content of the
person's
whole blood,
blood serum
or | 3500 |
plasma,
breath, or urine
if
arrested
for
a
violation of
division | 3501 |
(A) or
(B) of
section 4511.19 of the Revised
Code,
section | 3502 |
4511.194 of
the
Revised Code or a substantially equivalent | 3503 |
municipal ordinance, or a municipal OVI
ordinance. | 3504 |
(3) The chemical test or tests
under division (A)(2) of this | 3505 |
section shall be
administered at the request of a
law
enforcement | 3506 |
officer having reasonable
grounds to believe the
person
was | 3507 |
operating
or in physical control of a
vehicle,
streetcar, or | 3508 |
trackless trolley in
violation of a division,
section, or | 3509 |
ordinance identified in
division (A)(2) of this
section. The law | 3510 |
enforcement agency by
which the
officer is
employed shall | 3511 |
designate which of the tests
shall be
administered. | 3512 |
(5)(a) If a law enforcement officer arrests a person for a | 3518 |
violation of division (A) or (B) of section 4511.19 of the Revised | 3519 |
Code, section 4511.194 of the Revised Code or a substantially | 3520 |
equivalent municipal ordinance, or a municipal OVI ordinance and | 3521 |
if the person if convicted would be required to be sentenced under | 3522 |
division (G)(1)(c), (d),
or (e) of section
4511.19 of the | 3523 |
Revised
Code, the law
enforcement officer shall request the | 3524 |
person to
submit, and the
person shall submit, to a chemical | 3525 |
test or tests
of the person's
whole blood, blood serum or | 3526 |
plasma, breath, or
urine for the
purpose of determining the | 3527 |
alcohol, drug of abuse,
controlled
substance, metabolite of a | 3528 |
controlled substance, or
combination
content of the person's | 3529 |
whole blood, blood serum or
plasma,
breath, or urine. A law | 3530 |
enforcement officer who makes a
request
pursuant to this | 3531 |
division that a person submit to a
chemical test
or tests shall | 3532 |
advise the person at the time of
the arrest that if the person | 3533 |
refuses to take a chemical test the
officer may employ whatever | 3534 |
reasonable means are necessary to
ensure that the person submits | 3535 |
to a chemical test of the person's
whole blood or blood serum or | 3536 |
plasma. The officer shall also
advise the person at the time of | 3537 |
the arrest that the person may
have an independent chemical test | 3538 |
taken at the person's own
expense. Divisions (A)(3) and (4) of | 3539 |
this section apply to the
administration of a chemical test or | 3540 |
tests pursuant to this
division. | 3541 |
(b) If a person refuses to submit to a chemical test upon a | 3542 |
request made pursuant to division (A)(5)(a) of this section, the | 3543 |
law enforcement officer who made the request may employ whatever | 3544 |
reasonable means are necessary to ensure that the person submits | 3545 |
to a chemical test of the person's whole blood or blood serum or | 3546 |
plasma. A law enforcement officer who acts pursuant to this | 3547 |
division to ensure that a person submits to a chemical test of the | 3548 |
person's whole blood or blood serum or plasma is immune from | 3549 |
criminal and civil liability based upon a claim for assault and | 3550 |
battery or any other claim for the acts, unless the officer so | 3551 |
acted with malicious purpose, in bad faith, or in a wanton or | 3552 |
reckless manner. | 3553 |
(B)(1) Upon receipt of the sworn report of
a
law
enforcement | 3554 |
officer
who arrested a person for a violation of
division (A) or | 3555 |
(B) of section 4511.19 of the Revised Code,
section 4511.194 of | 3556 |
the Revised Code or a substantially equivalent municipal | 3557 |
ordinance, or a municipal OVI ordinance
that was completed and | 3558 |
sent to the registrar and a court pursuant
to
section
4511.192 of | 3559 |
the
Revised Code in regard to a
person who
refused to take the | 3560 |
designated chemical test, the
registrar shall
enter into the | 3561 |
registrar's records the fact
that the person's
driver's or | 3562 |
commercial driver's license or permit or nonresident
operating | 3563 |
privilege was suspended by the arresting officer under
this | 3564 |
division and that section and the period of the
suspension,
as | 3565 |
determined under
this
section. The suspension shall be
subject to | 3566 |
appeal as
provided in
section
4511.197 of the Revised
Code. The | 3567 |
suspension
shall be for whichever of the
following
periods | 3568 |
applies: | 3569 |
(b) If the arrested person, within
six years of the
date
on | 3575 |
which the person refused the request to consent to the
chemical | 3576 |
test,
had refused one previous request to consent to a
chemical | 3577 |
test or had been convicted of or pleaded guilty to one violation | 3578 |
of division (A) or (B) of section 4511.19 of the Revised Code or | 3579 |
one other equivalent offense, the
suspension
shall be
a class B | 3580 |
suspension imposed for
the period of time
specified in division | 3581 |
(B)(2) of section 4510.02
of the Revised
Code. | 3582 |
(c) If the arrested person, within
six years of the
date
on | 3583 |
which the person refused the request to consent to the
chemical | 3584 |
test,
had refused two previous requests to consent to a
chemical | 3585 |
test,
had been convicted of or pleaded guilty to two violations of | 3586 |
division (A) or (B) of section 4511.19 of the Revised Code or | 3587 |
other equivalent offenses, or had refused one previous request to | 3588 |
consent to a chemical test and also had been convicted of or | 3589 |
pleaded guilty to one violation of division (A) or (B) of section | 3590 |
4511.19 of the Revised Code or other equivalent offenses, which | 3591 |
violation or offense arose from an incident other than the | 3592 |
incident that led to the refusal, the
suspension
shall be
a class | 3593 |
A suspension imposed for
the period of time
specified in division | 3594 |
(B)(1) of section 4510.02
of the Revised
Code. | 3595 |
(d) If the arrested person, within
six years of the
date
on | 3596 |
which the person refused the request to consent to the
chemical | 3597 |
test,
had refused three or more previous requests to
consent to a | 3598 |
chemical test, had been convicted of or pleaded guilty to three or | 3599 |
more violations of division (A) or (B) of section 4511.19 of the | 3600 |
Revised Code or other equivalent offenses, or had refused a number | 3601 |
of previous requests to consent to a chemical test and also had | 3602 |
been convicted of or pleaded guilty to a number of violations of | 3603 |
division (A) or (B) of section 4511.19 of the Revised Code or | 3604 |
other equivalent offenses that cumulatively total three or more | 3605 |
such refusals, convictions, and guilty pleas, the
suspension
shall | 3606 |
be
for five
years. | 3607 |
(2)
The registrar shall terminate a suspension of the | 3608 |
driver's or commercial driver's license
or permit of a resident or | 3609 |
of the operating privilege of a nonresident, or a
denial of a | 3610 |
driver's or commercial
driver's license or permit, imposed | 3611 |
pursuant to division (B)(1) of
this
section upon receipt of notice | 3612 |
that the person has entered a
plea of guilty to, or that the | 3613 |
person has been
convicted after entering a plea of no contest to, | 3614 |
operating a vehicle in violation
of section 4511.19
of
the Revised | 3615 |
Code or in violation of a municipal
OVI ordinance,
if the offense | 3616 |
for which the conviction is had or
the
plea is
entered arose from | 3617 |
the same incident that led to the suspension or
denial. | 3618 |
(C)(1) Upon receipt of the sworn report of the
law | 3626 |
enforcement
officer
who arrested a person for a violation of | 3627 |
division (A) or
(B) of section 4511.19 of the Revised Code or a | 3628 |
municipal OVI
ordinance that was completed and sent to the | 3629 |
registrar and a court
pursuant
to
section
4511.192 of the Revised | 3630 |
Code in regard to a
person
whose test
results indicate that the | 3631 |
person's
whole blood,
blood
serum or
plasma, breath, or urine | 3632 |
contained
at least the
concentration
of
alcohol
specified in | 3633 |
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the | 3634 |
Revised Code or at least the concentration of a listed controlled | 3635 |
substance or a listed metabolite of a controlled substance | 3636 |
specified in division (A)(1)(j) of section 4511.19 of the Revised | 3637 |
Code, the registrar
shall
enter into the registrar's
records the | 3638 |
fact that the
person's
driver's or
commercial
driver's
license or | 3639 |
permit or
nonresident
operating privilege was
suspended
by the | 3640 |
arresting
officer under
this
division
and section
4511.192 of the | 3641 |
Revised Code and the
period of the
suspension, as
determined
under | 3642 |
divisions (F)(C)(1)(a) to
(4)(d) of this
section. The
suspension | 3643 |
shall be subject to appeal as
provided in
section
4511.197 of the | 3644 |
Revised Code. The
suspension
described in
this division does not | 3645 |
apply to, and shall
not be
imposed upon, a
person arrested for a | 3646 |
violation of section
4511.194
of the Revised
Code or a | 3647 |
substantially equivalent municipal ordinance who submits to a | 3648 |
designated chemical
test.
The
suspension
shall
be for whichever of | 3649 |
the following
periods
applies: | 3650 |
(2) The registrar shall terminate a suspension of the | 3674 |
driver's or
commercial driver's license
or permit of a resident or | 3675 |
of the
operating privilege of a nonresident,
or a denial of a | 3676 |
driver's or
commercial driver's license or permit, imposed | 3677 |
pursuant to
division (C)(1) of this section
upon receipt of notice | 3678 |
that the
person has entered a plea of guilty to, or that the | 3679 |
person has
been
convicted after entering a plea of no contest to, | 3680 |
operating
a vehicle in violation of section 4511.19
of the Revised | 3681 |
Code or
in violation of a municipal OVI ordinance,
if the
offense | 3682 |
for which the conviction is had or the plea is
entered arose from | 3683 |
the same incident that led to the suspension or
denial. | 3684 |
(D)(1) A suspension of a person's driver's or commercial | 3692 |
driver's license or permit or nonresident operating privilege | 3693 |
under
this section for the
time
described in division
(B) or
(C) | 3694 |
of this section is
effective
immediately from the time at which | 3695 |
the arresting officer
serves
the notice of suspension upon the | 3696 |
arrested person. Any
subsequent finding that the person is not | 3697 |
guilty of the charge
that resulted in the person being requested | 3698 |
to take
the chemical test or tests under division (A) of
this | 3699 |
section
does not affect the suspension. | 3700 |
(2) If a person is arrested for operating a vehicle, | 3701 |
streetcar, or trackless trolley in violation of division (A) or | 3702 |
(B) of section 4511.19 of the Revised Code or a municipal OVI | 3703 |
ordinance, or for being in physical control of a
vehicle, | 3704 |
streetcar, or trackless trolley in violation of section
4511.194 | 3705 |
of the
Revised Code or a substantially equivalent municipal | 3706 |
ordinance,
regardless of whether the person's
driver's
or | 3707 |
commercial
driver's license or permit or nonresident
operating | 3708 |
privilege is
or is not suspended under division
(B)
or
(C)
of this | 3709 |
section
or Chapter 4510. of the Revised Code,
the person's
initial | 3710 |
appearance on the charge resulting from the
arrest shall
be held | 3711 |
within five days of the person's arrest or
the issuance of
the | 3712 |
citation to the person, subject to any
continuance
granted by
the | 3713 |
court pursuant to
section
4511.197 of
the Revised Code
regarding | 3714 |
the issues
specified in that division. | 3715 |
(F) At the end of a suspension period under this section, | 3723 |
under section 4511.194,
section 4511.196, or division
(G) of | 3724 |
section
4511.19 of the
Revised Code, or under section
4510.07 of | 3725 |
the
Revised Code for a violation of a municipal OVI
ordinance and | 3726 |
upon
the request of the person whose driver's or
commercial | 3727 |
driver's
license or permit was suspended and who is
not
otherwise | 3728 |
subject
to suspension,
cancellation, or
disqualification, the | 3729 |
registrar shall return the driver's or
commercial driver's license | 3730 |
or permit to the person upon the
occurrence of all of the | 3731 |
conditions
specified in divisions
(F)(1) and (2)
of this section: | 3732 |
(a) One hundred twelve dollars and fifty
cents shall be | 3745 |
credited to the statewide
treatment and prevention fund created by | 3746 |
section 4301.30 of the Revised Code.
The fund shall be
used to | 3747 |
pay the costs of driver treatment and
intervention programs | 3748 |
operated pursuant to sections 3793.02 and
3793.10 of the Revised | 3749 |
Code. The director of alcohol and drug
addiction services shall | 3750 |
determine the share of the fund that is
to be allocated to alcohol | 3751 |
and drug addiction programs authorized
by section 3793.02 of the | 3752 |
Revised Code, and the share of the fund
that is to be allocated to | 3753 |
drivers' intervention programs
authorized by section 3793.10 of | 3754 |
the Revised Code. | 3755 |
(c) Thirty-seven dollars and fifty cents
shall be credited
to | 3758 |
the indigent
drivers alcohol treatment fund, which is hereby | 3759 |
established. Except as
otherwise provided in division
(F)(2)(c)
of | 3760 |
this section, moneys in the fund shall be
distributed by the | 3761 |
department of alcohol and drug addiction
services to the county | 3762 |
indigent drivers alcohol
treatment funds,
the county juvenile | 3763 |
indigent drivers alcohol treatment funds,
and
the municipal | 3764 |
indigent drivers alcohol treatment funds that are
required to be | 3765 |
established by counties and municipal corporations
pursuant
to | 3766 |
this section, and shall be used only
to pay
the cost of an alcohol | 3767 |
and drug addiction treatment program
attended by an offender or | 3768 |
juvenile traffic offender who is
ordered to attend an alcohol and | 3769 |
drug addiction treatment program
by a county, juvenile, or | 3770 |
municipal court judge and who is
determined by the county, | 3771 |
juvenile, or municipal court judge not
to have the means to pay | 3772 |
for
the person's attendance at the
program or to pay the costs | 3773 |
specified in division
(H)(4) of
this section in accordance with | 3774 |
that
division. In addition, a county, juvenile, or municipal court | 3775 |
judge may use moneys in the county indigent drivers alcohol | 3776 |
treatment fund, county juvenile indigent drivers alcohol treatment | 3777 |
fund, or municipal indigent drivers alcohol treatment fund to pay | 3778 |
for the cost of the continued use of an electronic continuous | 3779 |
alcohol monitoring device as described in divisions (H)(3) and (4) | 3780 |
of this section. Moneys in the fund
that are not
distributed to a | 3781 |
county indigent drivers alcohol
treatment fund,
a county juvenile | 3782 |
indigent drivers alcohol
treatment fund, or a
municipal indigent | 3783 |
drivers alcohol treatment
fund under division
(H) of this section | 3784 |
because the director of
alcohol and drug addiction
services does | 3785 |
not have the information
necessary to identify the county or | 3786 |
municipal corporation where
the offender or juvenile offender was | 3787 |
arrested may
be transferred
by the director of budget and | 3788 |
management to the
statewide
treatment and prevention
fund created | 3789 |
by section
4301.30 of the
Revised Code, upon certification of the | 3790 |
amount by the director
of
alcohol and drug
addiction services. | 3791 |
(d) Seventy-five dollars shall be credited to the Ohio | 3792 |
rehabilitation services commission established by section 3304.12 | 3793 |
of the Revised Code, to the services for rehabilitation fund, | 3794 |
which is hereby established. The fund shall be used to match | 3795 |
available federal matching funds where appropriate, and for any | 3796 |
other purpose or program of the commission to rehabilitate people | 3797 |
with disabilities to help them become employed and independent. | 3798 |
(h) Fifty dollars shall be credited to the indigent drivers | 3810 |
interlock and alcohol monitoring fund, which is hereby established | 3811 |
in the state treasury. Monies in the fund shall be distributed by | 3812 |
the department of public safety to the county indigent drivers | 3813 |
interlock and alcohol monitoring funds, the county juvenile | 3814 |
indigent drivers interlock and alcohol monitoring funds, and the | 3815 |
municipal indigent drivers interlock and alcohol monitoring funds | 3816 |
that are required to be established by counties and municipal | 3817 |
corporations pursuant to this section, and shall be used only to | 3818 |
pay the cost of an immobilizing or disabling device, including a | 3819 |
certified ignition interlock device, or an alcohol monitoring | 3820 |
device used by an offender or juvenile offender who is ordered to | 3821 |
use the device by a county, juvenile, or municipal court judge and | 3822 |
who is determined by the county, juvenile, or municipal court | 3823 |
judge not to have the means to pay for the person's use of the | 3824 |
device. | 3825 |
(3) If a person's driver's or commercial driver's license or | 3826 |
permit is suspended under
this
section,
under section 4511.196 or | 3827 |
division
(G) of section
4511.19 of the Revised Code,
under
section | 3828 |
4510.07 of the Revised
Code for a violation of a municipal
OVI | 3829 |
ordinance or
under any
combination of the
suspensions
described in | 3830 |
division
(F)(3) of
this section, and if the
suspensions arise from | 3831 |
a single incident
or a single set of facts
and
circumstances, the | 3832 |
person is liable
for payment of, and shall
be required to
pay to | 3833 |
the bureau, only
one reinstatement fee of
four hundred
twenty-five | 3834 |
dollars.
The
reinstatement fee shall be
distributed by the bureau | 3835 |
in
accordance
with division
(F)(2) of
this section. | 3836 |
(4) The attorney general shall use amounts in the drug abuse | 3837 |
resistance education programs fund to award grants to law | 3838 |
enforcement agencies to establish and implement drug abuse | 3839 |
resistance education programs in public schools. Grants awarded
to | 3840 |
a law enforcement agency under
this
section shall be used by
the | 3841 |
agency to pay for not more than
fifty
per cent of the amount
of | 3842 |
the salaries of law enforcement
officers
who conduct drug abuse | 3843 |
resistance education programs in
public
schools. The attorney | 3844 |
general shall not use more than six
per
cent of the amounts the | 3845 |
attorney general's office
receives under
division
(F)(2)(e) of | 3846 |
this section to pay the costs it incurs
in
administering the grant | 3847 |
program established by division
(F)(2)(e)
of this section and in | 3848 |
providing training and
materials relating
to drug abuse resistance | 3849 |
education programs. | 3850 |
(G) Suspension of a commercial driver's license under | 3856 |
division
(B) or
(C) of this section shall be concurrent with
any | 3857 |
period of disqualification under section 3123.611 or
4506.16
of | 3858 |
the Revised Code or any period of suspension under section
3123.58 | 3859 |
of the Revised Code. No person who is disqualified for
life from | 3860 |
holding a
commercial driver's license under section
4506.16 of the | 3861 |
Revised
Code shall be issued a driver's license
under Chapter | 3862 |
4507. of
the Revised Code during the period for
which the | 3863 |
commercial
driver's license was suspended under division
(B) or | 3864 |
(C) of this
section. No person whose
commercial driver's license | 3865 |
is
suspended under division
(B) or
(C) of this section shall be | 3866 |
issued a driver's license under
Chapter 4507. of the Revised Code | 3867 |
during the period
of
the suspension. | 3868 |
(H)(1) Each county shall establish an indigent drivers | 3869 |
alcohol treatment fund, each county shall establish a juvenile | 3870 |
indigent drivers alcohol treatment fund, and each municipal | 3871 |
corporation in which there is a municipal court shall establish
an | 3872 |
indigent drivers alcohol treatment fund. All revenue that the | 3873 |
general assembly appropriates to the indigent drivers alcohol | 3874 |
treatment fund for transfer to a county indigent drivers alcohol | 3875 |
treatment fund, a county juvenile indigent drivers alcohol | 3876 |
treatment fund, or a municipal indigent drivers alcohol treatment | 3877 |
fund, all portions of fees that are paid under division (F) of | 3878 |
this section and that are credited under that division to the | 3879 |
indigent drivers alcohol treatment fund in the state treasury for | 3880 |
a county indigent drivers alcohol treatment fund, a county | 3881 |
juvenile indigent drivers alcohol treatment fund, or a municipal | 3882 |
indigent drivers alcohol treatment fund, and all portions of
fines | 3883 |
that are specified for deposit into a county or municipal
indigent | 3884 |
drivers alcohol treatment fund by section 4511.193 of
the Revised | 3885 |
Code shall be deposited into that county indigent
drivers alcohol | 3886 |
treatment fund, county juvenile indigent drivers
alcohol treatment | 3887 |
fund, or municipal indigent drivers alcohol
treatment fund in | 3888 |
accordance with division
(H)(2) of this
section. Additionally,
all | 3889 |
portions of fines that are paid for a
violation of section
4511.19 | 3890 |
of the Revised Code or
of any prohibition contained in
Chapter | 3891 |
4510. of the Revised Code,
and that are
required under
section
| 3892 |
4511.19 or
any
provision of Chapter 4510. of the Revised
Code to | 3893 |
be
deposited
into a county indigent drivers alcohol
treatment fund | 3894 |
or municipal
indigent drivers alcohol treatment
fund shall be | 3895 |
deposited into
the appropriate fund in accordance
with the | 3896 |
applicable division. | 3897 |
(3) Expenditures from a county indigent drivers alcohol | 3932 |
treatment fund, a county juvenile indigent drivers alcohol | 3933 |
treatment fund, or a municipal indigent drivers alcohol treatment | 3934 |
fund shall be made only upon the order of a county, juvenile, or | 3935 |
municipal court judge and only for payment of the cost of an | 3936 |
assessment or the cost of the
attendance at an alcohol and drug | 3937 |
addiction treatment program of
a
person who is convicted of, or | 3938 |
found to be a juvenile traffic
offender by reason of, a violation | 3939 |
of division (A) of section
4511.19 of the Revised Code or a | 3940 |
substantially similar municipal
ordinance, who is ordered by the | 3941 |
court to attend the alcohol and
drug addiction treatment program, | 3942 |
and who is determined by the
court to be unable to pay the cost of | 3943 |
the assessment or the cost of attendance at the
treatment
program | 3944 |
or for payment of the costs specified in division
(H)(4)
of this | 3945 |
section in accordance with that division. The
alcohol and
drug | 3946 |
addiction services board or the board of alcohol,
drug
addiction, | 3947 |
and
mental health services established pursuant to
section 340.02 | 3948 |
or
340.021 of
the Revised Code and serving the
alcohol, drug | 3949 |
addiction, and mental
health service district in
which the court | 3950 |
is located shall
administer the indigent drivers
alcohol treatment | 3951 |
program of the
court. When a court orders an
offender or juvenile | 3952 |
traffic
offender to obtain an assessment or attend an alcohol and | 3953 |
drug addiction treatment
program, the board shall determine which | 3954 |
program is suitable to
meet the needs of the offender or juvenile | 3955 |
traffic offender, and
when a suitable program is located and space | 3956 |
is available at the
program, the offender or juvenile traffic | 3957 |
offender shall attend
the program designated by the board. A | 3958 |
reasonable amount not to
exceed five per cent of the amounts | 3959 |
credited to and deposited
into the county indigent drivers alcohol | 3960 |
treatment fund, the
county juvenile indigent drivers alcohol | 3961 |
treatment fund, or the
municipal indigent drivers alcohol | 3962 |
treatment fund serving every
court whose program is administered | 3963 |
by that board shall be paid
to the board to cover the costs it | 3964 |
incurs in administering those
indigent drivers alcohol treatment | 3965 |
programs. | 3966 |
In addition, upon exhaustion of moneys in the indigent | 3967 |
drivers interlock and alcohol monitoring fund for the use of an | 3968 |
alcohol monitoring device, a county, juvenile, or municipal court | 3969 |
judge may
use moneys in the county indigent drivers alcohol | 3970 |
treatment fund,
county juvenile indigent drivers alcohol | 3971 |
treatment fund, or
municipal indigent drivers alcohol treatment | 3972 |
fund to pay for the
continued use of an electronic continuous | 3973 |
alcohol monitoring
device by an offender or juvenile traffic | 3974 |
offender, in conjunction
with a treatment program approved by the | 3975 |
department of alcohol and
drug addiction services, when such use | 3976 |
is determined clinically
necessary by the treatment program and | 3977 |
when the court determines
that the offender or juvenile traffic | 3978 |
offender is unable to pay
all or part of the daily monitoring of | 3979 |
the device. | 3980 |
(4) If a county, juvenile, or municipal court determines, in | 3981 |
consultation with the alcohol and drug addiction services board or | 3982 |
the board
of alcohol, drug addiction, and mental health services | 3983 |
established pursuant to
section 340.02 or 340.021 of the Revised | 3984 |
Code
and serving the alcohol, drug addiction, and
mental health | 3985 |
district in which the court is located, that
the funds in the | 3986 |
county indigent drivers alcohol treatment fund, the county | 3987 |
juvenile indigent drivers alcohol treatment fund, or the municipal | 3988 |
indigent
drivers alcohol treatment fund under the control of the | 3989 |
court are more than
sufficient to satisfy the purpose for which | 3990 |
the fund was established, as
specified in divisions
(H)(1) to
(3) | 3991 |
of this section, the
court may declare a surplus in the fund.
If | 3992 |
the court declares a surplus in
the fund, the court may expend
the | 3993 |
amount of the surplus in the fund for: | 3994 |
(5) For the purpose of determining as described in division | 4010 |
(F)(2)(c) of this section whether an offender does not have the | 4011 |
means to pay for the offender's attendance at an alcohol and drug | 4012 |
addiction treatment program or whether an alleged offender or | 4013 |
delinquent child is unable to pay the costs specified in division | 4014 |
(H)(4) of this section, the court shall use the indigent client | 4015 |
eligibility guidelines and the standards of indigency established | 4016 |
by the state public defender to make the determination. | 4017 |
(6) The court shall identify and refer any alcohol and drug | 4018 |
addiction program that is not certified under section 3793.06 of | 4019 |
the Revised Code and that is interested in receiving amounts from | 4020 |
the surplus in the fund declared under division (H)(4) of this | 4021 |
section to the department of alcohol and drug addiction services | 4022 |
in order for the program to become a certified alcohol and drug | 4023 |
treatment program. The department shall keep a record of applicant | 4024 |
referrals received pursuant to this division and shall submit a | 4025 |
report on the referrals each year to the general assembly. If a | 4026 |
program interested in becoming certified makes an application to | 4027 |
become certified pursuant to section 3793.06 of the Revised Code, | 4028 |
the program is eligible to receive surplus funds as long as the | 4029 |
application is pending with the department. The department of | 4030 |
alcohol and drug addiction services must offer technical | 4031 |
assistance to the applicant. If the interested program withdraws | 4032 |
the certification application, the department must notify the | 4033 |
court, and the court shall not provide the interested program with | 4034 |
any further surplus funds. | 4035 |
(I)(1) Each county shall establish an indigent drivers | 4036 |
interlock and alcohol monitoring fund and a juvenile indigent | 4037 |
drivers interlock and alcohol treatment fund, and each municipal | 4038 |
corporation in which there is a municipal court shall establish an | 4039 |
indigent drivers interlock and alcohol monitoring fund. All | 4040 |
revenue that the general assembly appropriates to the indigent | 4041 |
drivers interlock and alcohol monitoring fund for transfer to a | 4042 |
county indigent drivers interlock and alcohol monitoring fund, a | 4043 |
county juvenile indigent drivers interlock and alcohol monitoring | 4044 |
fund, or a municipal indigent drivers interlock and alcohol | 4045 |
monitoring fund, all portions of license reinstatement fees that | 4046 |
are paid under division (F)(2) of this section and that are | 4047 |
credited under that division to the indigent drivers interlock and | 4048 |
alcohol monitoring fund in the state treasury, and all portions of | 4049 |
fines that are paid under division (G) of section 4511.19 of the | 4050 |
Revised Code and that are credited by division (G)(5)(e) of that | 4051 |
section to the indigent drivers interlock and alcohol monitoring | 4052 |
fund in the state treasury shall be deposited in the appropriate | 4053 |
fund in accordance with division (I)(2) of this section. | 4054 |
(2) That portion of the license reinstatement fee that is | 4055 |
paid under division (F) of this section and that portion of the | 4056 |
fine paid under division (G) of section 4511.19 of the Revised | 4057 |
Code and that is credited under either division to the indigent | 4058 |
drivers interlock and alcohol monitoring fund shall be deposited | 4059 |
into a county indigent drivers interlock and alcohol monitoring | 4060 |
fund, a county juvenile indigent drivers interlock and alcohol | 4061 |
monitoring fund, or a municipal indigent drivers interlock and | 4062 |
alcohol monitoring fund as follows: | 4063 |
Sec. 4511.192. (A)
The arresting law
enforcement officer | 4079 |
shall give
advice
in
accordance with
this
section to any person | 4080 |
under arrest
for a
violation of division (A)
or (B) of section | 4081 |
4511.19
of the
Revised
Code, section 4511.194 of
the Revised Code | 4082 |
or a substantially equivalent municipal
ordinance,
or a municipal | 4083 |
OVI
ordinance. The
officer shall give
that advice
in
a written | 4084 |
form
that
contains the information
described in
division (B) of | 4085 |
this
section and shall read the
advice to the
person. The
form | 4086 |
shall
contain a statement that the
form was
shown to the
person | 4087 |
under
arrest and read to the person
by the
arresting officer. One | 4088 |
or
more persons shall witness the
arresting officer's reading of | 4089 |
the
form, and
the witnesses shall
certify to this fact by signing | 4090 |
the
form. The person must submit
to the chemical test or tests, | 4091 |
subsequent to the request of the
arresting officer, within two | 4092 |
hours of the time of the alleged
violation and, if the person | 4093 |
does not submit to the test or tests
within that two-hour time | 4094 |
limit, the failure to submit
automatically constitutes a refusal | 4095 |
to submit to the test or
tests. | 4096 |
(B)
If a person is under arrest as
described in division
(A) | 4097 |
of
this section, before the person may
be requested to submit to | 4098 |
a
chemical test
or tests to determine
the alcohol, drug of abuse, | 4099 |
controlled substance, metabolite of a
controlled substance, or | 4100 |
combination content
of the
person's whole
blood, blood serum or | 4101 |
plasma, breath, or urine, the
arresting
officer
shall read the | 4102 |
following form to the person: | 4103 |
"You now are under arrest for (specifically state the
offense | 4104 |
under state law or a substantially equivalent municipal ordinance | 4105 |
for which the person was arrested - operating a vehicle
under
the | 4106 |
influence of alcohol, a drug, or a combination
of them;
operating | 4107 |
a vehicle while under the influence of a listed controlled | 4108 |
substance or a listed metabolite of a controlled substance; | 4109 |
operating
a vehicle after
underage alcohol consumption; or having | 4110 |
physical
control of a vehicle while under the influence). | 4111 |
If you refuse to take any chemical test required
by law, your | 4112 |
Ohio driving privileges will be suspended immediately, and you | 4113 |
will have to pay a fee to have the privileges reinstated. If you | 4114 |
have a prior conviction of OVI, OVUAC, or operating a vehicle | 4115 |
while under the influence of a listed controlled substance or a | 4116 |
listed metabolite of a controlled substance under state or | 4117 |
municipal law within the preceding twenty years, you now are under | 4118 |
arrest for state OVI, and, if you refuse to take a chemical test, | 4119 |
you will face increased penalties if you subsequently are | 4120 |
convicted of the state OVI. | 4121 |
(Read this part unless the person is under arrest for solely | 4122 |
having physical control of a
vehicle while under the influence.) | 4123 |
If you take any chemical test required by law and
are
found to be | 4124 |
at or
over the
prohibited amount of alcohol, a controlled | 4125 |
substance, or a metabolite of a controlled substance in
your
whole | 4126 |
blood,
blood serum or plasma, breath,
or urine as set by law, your | 4127 |
Ohio driving privileges will
be
suspended immediately, and you | 4128 |
will have to pay a fee to have
the
privileges reinstated. | 4129 |
(C) If the arresting law enforcement officer does not ask a | 4132 |
person under arrest as described in division (A) of this
section | 4133 |
or division (A)(5) of section 4511.191 of the Revised Code to | 4134 |
submit to a chemical
test or tests under section 4511.191 of
the | 4135 |
Revised Code,
the arresting officer shall seize the Ohio or | 4136 |
out-of-state
driver's or commercial driver's license or permit of | 4137 |
the person
and immediately forward it to the court in which the | 4138 |
arrested person is to appear on the charge. If the arrested
person | 4139 |
is not in
possession of
the person's license or permit or
it is | 4140 |
not in the
person's vehicle, the officer shall order the
person to | 4141 |
surrender it
to the law enforcement agency that employs
the | 4142 |
officer within
twenty-four hours after the arrest, and, upon
the | 4143 |
surrender, the
agency immediately shall forward the license or | 4144 |
permit to the
court in which the person is to appear on the | 4145 |
charge. Upon
receipt of the license or permit, the court shall | 4146 |
retain it
pending the arrested person's initial appearance and any | 4147 |
action taken
under section 4511.196 of the Revised Code. | 4148 |
(D)(1) If a law enforcement officer asks a person under | 4149 |
arrest as described in division (A)(5) of section 4511.191 of the | 4150 |
Revised Code to submit to a chemical test or tests under that | 4151 |
section and the test results indicate a prohibited concentration | 4152 |
of alcohol, a controlled substance, or a metabolite of a | 4153 |
controlled substance in the person's whole blood, blood serum or | 4154 |
plasma, breath, or urine at the time of the alleged offense, or if | 4155 |
a law enforcement officer asks a person under
arrest as
described | 4156 |
in division (A) of this
section to submit to a
chemical
test or | 4157 |
tests under section 4511.191 of the Revised Code,
if the officer | 4158 |
advises the person in accordance with this section
of the | 4159 |
consequences of the person's refusal or submission,
and if
either | 4160 |
the person refuses to submit to the test or tests or,
unless the | 4161 |
arrest was for a violation of section 4511.194 of the
Revised Code | 4162 |
or a substantially equivalent municipal ordinance, the person | 4163 |
submits to the
test or tests and the test
results indicate a | 4164 |
prohibited concentration of alcohol, a controlled substance, or a | 4165 |
metabolite of a controlled substance in the
person's whole blood, | 4166 |
blood serum or plasma, breath, or urine at
the time of the alleged | 4167 |
offense,
the arresting officer shall do
all of the following: | 4168 |
(a) On behalf of the registrar of motor vehicles, notify the | 4169 |
person that, independent of any penalties or sanctions imposed | 4170 |
upon the
person, the person's Ohio driver's or commercial driver's | 4171 |
license
or permit or nonresident operating privilege is suspended | 4172 |
immediately,
that the suspension will last at least until the | 4173 |
person's
initial appearance on the charge, which will be held | 4174 |
within five days
after the date of the person's arrest or the | 4175 |
issuance of a
citation to the person, and that the person may | 4176 |
appeal the
suspension at the initial appearance or during the | 4177 |
period of time
ending thirty days after that initial appearance; | 4178 |
(b) Seize the driver's or commercial driver's license or | 4179 |
permit
of the person and immediately forward it to the registrar. | 4180 |
If the
arrested person is not in possession of the person's | 4181 |
license or permit
or it is not in the person's vehicle, the | 4182 |
officer shall order the person to
surrender it to the
law | 4183 |
enforcement agency that employs the officer within twenty-four | 4184 |
hours after the person is given notice of the suspension, and, | 4185 |
upon the surrender, the officer's employing agency immediately | 4186 |
shall forward the license or permit to the registrar. | 4187 |
(i) That the officer had reasonable grounds to believe that, | 4194 |
at
the time of the arrest, the arrested person was operating a | 4195 |
vehicle, streetcar, or trackless trolley in
violation of division | 4196 |
(A) or (B) of section 4511.19 of
the Revised Code or a
municipal | 4197 |
OVI ordinance or for being in physical control of a stationary | 4198 |
vehicle, streetcar, or trackless trolley in violation of section | 4199 |
4511.194 of the Revised Code or a substantially equivalent | 4200 |
municipal ordinance; | 4201 |
(iv) ThatUnless division (D)(1)(d)(v) of this section | 4212 |
applies, that either the person refused to submit to the
chemical | 4213 |
test
or tests or, unless the arrest was for a violation
of section | 4214 |
4511.194 of the Revised Code or a substantially equivalent | 4215 |
municipal ordinance,
the person submitted to
the chemical test or | 4216 |
tests and the test results
indicate a
prohibited concentration of | 4217 |
alcohol, a controlled substance, or a metabolite of a controlled | 4218 |
substance in the person's whole blood,
blood serum or plasma, | 4219 |
breath, or urine at the time of the alleged
offense; | 4220 |
(v) If the person was under arrest as described in division | 4221 |
(A)(5) of section 4511.191 of the Revised Code and the chemical | 4222 |
test or tests were performed in accordance with that division, | 4223 |
that the person was under arrest as described in that division, | 4224 |
that the chemical test or tests were performed in accordance with | 4225 |
that division, and that test results indicated a prohibited | 4226 |
concentration of alcohol, a controlled substance, or a metabolite | 4227 |
of a controlled substance in the person's whole blood, blood serum | 4228 |
or plasma, breath, or urine at the time of the alleged offense. | 4229 |
(2) Division (D)(1) of this section does not apply to a | 4230 |
person
who is arrested for a violation of section 4511.194 of the | 4231 |
Revised Code or a substantially equivalent municipal ordinance, | 4232 |
who is asked by a
law enforcement officer to submit
to a
chemical | 4233 |
test or tests under section 4511.191 of the Revised
Code,
and who | 4234 |
submits to the test or tests, regardless of the
amount of
alcohol, | 4235 |
a controlled substance, or a metabolite of a controlled substance | 4236 |
that the test results indicate is present in the
person's
whole | 4237 |
blood, blood serum or plasma, breath, or urine. | 4238 |
(E)
The arresting officer shall give the officer's sworn | 4239 |
report
that is completed under this
section to the arrested person | 4240 |
at the time of the arrest, or the registrar of
motor vehicles | 4241 |
shall send the report to the person
by regular first
class mail as | 4242 |
soon
as possible after receipt of the report, but not later than | 4243 |
fourteen days
after receipt of it. An
arresting officer may give | 4244 |
an unsworn report to the arrested person at the
time
of the arrest | 4245 |
provided the report is complete when given to the
arrested person | 4246 |
and subsequently is sworn to by the arresting
officer. As soon as | 4247 |
possible, but not later than forty-eight
hours after the arrest of | 4248 |
the person, the arresting officer shall
send a copy of the sworn | 4249 |
report to the court in which the arrested
person is to appear on | 4250 |
the charge for which the person was
arrested. | 4251 |
Sec. 4511.198. (A)(1) If a court grants limited driving | 4260 |
privilege to a person who is
described in division (B) of this | 4261 |
section and who is alleged to
have committed a violation of | 4262 |
division (A) of section 4511.19 of
the Revised Code or of a | 4263 |
substantially equivalent municipal
ordinance, the court as a | 4264 |
condition of granting limited driving privileges may prohibit the | 4265 |
person from consuming any beer or intoxicating liquor and may | 4266 |
require the person to wear a monitor that provides continuous | 4267 |
alcohol monitoring that is remote. If the court imposes the | 4268 |
requirement, the court shall require the
person to wear the | 4269 |
monitor until the person is convicted of,
pleads guilty to, or is | 4270 |
found not guilty of the alleged violation
or the charges in the | 4271 |
case are dismissed. Any consumption by the
person of beer or | 4272 |
intoxicating liquor prior to that time is
grounds for revocation | 4273 |
by the court of the person's limited driving privilege. The
person | 4274 |
shall pay all costs associated with the monitor, including
the | 4275 |
cost of remote monitoring. | 4276 |
(2) If a court grants limited driving privilege to a person | 4277 |
who is
described in division (C) of this section and who is | 4278 |
alleged to
have committed a violation of division (A) of section | 4279 |
4511.19 of
the Revised Code or of a substantially equivalent | 4280 |
municipal
ordinance, the court as a condition of granting limited | 4281 |
driving privileges, unless the court determines otherwise, shall | 4282 |
prohibit the
person from consuming any beer or intoxicating liquor | 4283 |
and shall
require the person to wear a monitor that provides | 4284 |
continuous
alcohol monitoring that is remote. The court shall | 4285 |
require the
person to wear the monitor until the person is | 4286 |
convicted of,
pleads guilty to, or is found not guilty of the | 4287 |
alleged violation
or the charges in the case are dismissed. Any | 4288 |
consumption by the
person of beer or intoxicating liquor prior to | 4289 |
that time is
grounds for revocation by the court of the person's | 4290 |
limited driving privilege. The person shall pay all costs | 4291 |
associated with the monitor, including the cost of remote | 4292 |
monitoring. | 4293 |
(2) A person who is alleged to have committed a violation of | 4301 |
a municipal ordinance that is substantially equivalent to division | 4302 |
(A) of section 4511.19 of the Revised Code and who, if the law | 4303 |
enforcement officer who arrested and charged the person with the | 4304 |
violation of the municipal ordinance instead had charged the | 4305 |
person with a violation of division (A) of section 4511.19 of the | 4306 |
Revised Code, would be required to be sentenced under division | 4307 |
(G)(1)(c) or (d) of section 4511.19 of the Revised
Code. | 4308 |
(2) A person who is alleged to have committed a violation of | 4315 |
a municipal ordinance that is substantially equivalent to division | 4316 |
(A) of section 4511.19 of the Revised Code and who, if the law | 4317 |
enforcement officer who arrested and charged the person with the | 4318 |
violation of the municipal ordinance instead had charged the | 4319 |
person with a violation of division (A) of section 4511.19 of the | 4320 |
Revised Code, would be required to be sentenced under division | 4321 |
(G)(1)(e) of section 4511.19 of the Revised
Code. | 4322 |
(B) Without limiting or precluding the consideration of any | 4347 |
other evidence in determining whether a violation of division | 4348 |
(A)(1), (2), (3), or (4), or (5) of this section has occurred, it | 4349 |
shall be
prima-facie evidence that the offender knows
or
has | 4350 |
reasonable
cause to believe that the operator of the motor vehicle | 4351 |
owned by
the
offender or
under the
offender's control is in a | 4352 |
category
described in division (A)(1), (2), (3), or (4), or (5) of | 4353 |
this
section if
any of the following applies: | 4354 |
(2) Regarding an operator allegedly in the category
described | 4359 |
in division (A)(2) of this section, the offender and the
operator | 4360 |
of the motor vehicle reside in the same household, and
the | 4361 |
offender knows or has reasonable cause to believe that the | 4362 |
operator has been charged with or convicted of any violation of | 4363 |
law or ordinance, or has committed any other act or omission, that | 4364 |
would or could result in the suspension or cancellation of the | 4365 |
operator's license, permit, or privilege. | 4366 |
(C)
Whoever violates this section is guilty of wrongful | 4371 |
entrustment of a motor vehicle, a misdemeanor of the first degree. | 4372 |
In
addition to the penalties imposed under Chapter 2929. of the | 4373 |
Revised Code, the court
shall impose a class seven suspension
of | 4374 |
the offender's driver's license, commercial driver's license, | 4375 |
temporary
instruction permit, probationary license, or nonresident | 4376 |
operating privilege
from the range specified in division (A)(7) of | 4377 |
section 4510.02 of the Revised Code,
and, if the vehicle involved | 4378 |
in the offense is registered in the name of the
offender, the | 4379 |
court shall
order one of the following: | 4380 |
If title to a motor vehicle that is subject to an order for | 4399 |
criminal forfeiture under this division is assigned or transferred | 4400 |
and
division (B)(2) or (3) of section 4503.234 of the Revised Code | 4401 |
applies, in addition to or independent of any other penalty | 4402 |
established by
law, the court may fine the offender the value of | 4403 |
the vehicle as determined by
publications of the national auto | 4404 |
dealer's association. The proceeds from any fine imposed under | 4405 |
this division shall be distributed in accordance with division | 4406 |
(C)(2)
of section 4503.234 of the Revised Code. | 4407 |
(E)
If a court orders the criminal forfeiture of a vehicle | 4414 |
under
division (C) of this section, upon receipt of the order from | 4415 |
the
court, neither the registrar of motor vehicles nor any deputy | 4416 |
registrar shall
accept any
application for the registration or | 4417 |
transfer of registration of any motor
vehicle owned or leased
by | 4418 |
the person named in the order. The period of denial shall be
five | 4419 |
years after the date the order is issued, unless, during that | 4420 |
five-year period, the court with jurisdiction of the offense that | 4421 |
resulted in the order terminates the forfeiture and notifies the | 4422 |
registrar of the termination. If the court terminates the | 4423 |
forfeiture and notifies the registrar, the registrar shall take | 4424 |
all necessary measures to permit the person to register a vehicle | 4425 |
owned or leased by the person or to transfer the registration of | 4426 |
the vehicle. | 4427 |
(G) Evidence of a conviction of, plea of guilty to, or | 4431 |
adjudication as a delinquent child for a violation of this section | 4432 |
or a substantially similar municipal ordinance shall not be | 4433 |
admissible as evidence in any civil action that involves the | 4434 |
offender or delinquent child who is the subject of the conviction, | 4435 |
plea, or adjudication and that arises from the wrongful | 4436 |
entrustment of a motor vehicle. | 4437 |
(1) Establish and maintain a state registry, named "Ohio's | 4444 |
habitual OVI/OMWI offenders," that contains all of the information | 4445 |
specified in divisions (A)(1)(a) and (b) of this section regarding | 4446 |
any person who on or after the effective date of this section is | 4447 |
convicted in this state for the fifth or subsequent time in the | 4448 |
preceding twenty years of an OVI/OMWI
violation. The state | 4449 |
registry is a public record open for
inspection under section | 4450 |
149.43 of the Revised Code. The
department shall obtain the | 4451 |
information to be included in the
state registry from the reports | 4452 |
provided by the court pursuant to division (B) of this section. | 4453 |
The state
registry of Ohio's habitual OVI/OMWI offenders shall | 4454 |
include at
least the following information regarding each | 4455 |
offender who on or after the effective date of this section is | 4456 |
convicted in this state for the fifth or subsequent time in the | 4457 |
preceding twenty years of an OVI/OMWI violation: | 4458 |
(2) Establish and operate on the internet a database that | 4466 |
contains for each person who on or after the effective date of | 4467 |
this section
is convicted in this state for the fifth or | 4468 |
subsequent time in the
preceding twenty years of an OVI/OMWI | 4469 |
violation all of the
information regarding the offender that is | 4470 |
included in the state
registry of Ohio's habitual OVI/OMWI | 4471 |
offenders that is
established and maintained under division | 4472 |
(A)(1)
of this section.
The database is a public record open for | 4473 |
inspection under section
149.43 of the Revised Code, and it shall | 4474 |
be searchable by an
offender's name, by county, and by zip code. | 4475 |
Section 2. That existing sections 1547.11, 1547.111, 1547.99, | 4500 |
2929.18, 2929.28,
2945.75,
4503.231, 4503.233, 4510.13, 4510.43, | 4501 |
4511.181, 4511.19,
4511.191, 4511.192, and 4511.203 of the | 4502 |
Revised Code are
hereby
repealed. | 4503 |
Section 3. Section 2929.18 of the Revised Code is
presented | 4504 |
in
this act as a composite of the section as amended by
both Sub. | 4505 |
H.B. 241 and Am. Sub. H.B. 461 of
the 126th General
Assembly. | 4506 |
Section 4503.233 of the Revised Code is presented
in
this act as | 4507 |
a composite of the section as amended by both Sub.
H.B. 241 and | 4508 |
Am. Sub. H.B. 461 of
the 126th General Assembly. The
General | 4509 |
Assembly, applying the
principle stated in division (B) of | 4510 |
section 1.52 of the Revised
Code that amendments are to be | 4511 |
harmonized if reasonably capable of
simultaneous operation, finds | 4512 |
that the composite is the resulting
version of the section in | 4513 |
effect prior to the effective date of
the section as presented in | 4514 |
this act. | 4515 |