As Introduced
127th General Assembly | Regular Session | 2007-2008 |
| |
A BILL
To amend sections 109.42, 109.572, 109.60, 120.03,
120.14, 120.15, 120.16, 120.18, 120.24, 120.25,
120.26, 120.28, 120.33, 120.36, 309.08, 341.23,
341.33,
503.44, 503.46, 504.04, 504.05, 504.06,
504.08,
504.15, 705.14, 705.55, 733.40, 733.44,
733.51,
733.52, 743.14, 753.02, 753.021, 753.04,
753.08,
925.31, 955.99, 1901.021,
1901.024,
1901.026,
1901.04, 1901.08, 1901.11, 1901.181,
1901.31,
1905.29, 1907.012, 1923.01, 1923.02,
1923.10,
2152.021, 2152.03, 2152.16, 2152.18,
2152.21,
2152.41, 2325.15, 2335.06, 2335.08,
2335.09,
2743.51, 2743.60, 2743.70, 2901.01,
2903.04,
2903.06, 2903.08, 2903.212, 2903.213,
2903.214,
2907.24, 2907.27, 2907.28, 2907.41,
2913.01,
2915.01, 2917.11, 2917.41, 2919.25,
2919.251,
2919.26, 2919.271, 2921.25, 2921.51,
2921.52,
2929.142, 2929.21, 2930.01, 2931.01,
2933.02,
2933.03, 2933.04, 2933.05, 2933.06,
2933.10,
2935.01, 2935.03, 2935.13, 2935.14,
2935.17,
2935.27, 2935.33, 2935.36, 2937.08,
2937.221,
2937.23, 2937.46, 2937.99, 2938.02,
2938.04,
2941.51, 2945.17, 2947.23, 2949.02,
2950.01,
2951.041, 2953.02, 2953.03, 2953.07,
2953.09,
2953.31, 2953.36, 3113.31, 3301.88,
3313.662,
3319.20, 3319.31, 3327.10, 3345.23,
3375.50,
3375.51, 3397.41, 3397.43, 4112.02,
4113.52,
4301.252, 4501.11, 4503.13, 4503.233,
4503.234,
4506.07, 4506.15, 4506.18, 4507.02,
4507.06,
4507.091, 4507.164,
4509.33, 4509.35,
4510.01,
4510.03, 4510.031, 4510.032, 4510.034,
4510.036,
4510.038, 4510.04, 4510.05, 4510.07,
4510.11,
4510.12, 4510.13, 4510.14, 4510.15,
4510.16,
4510.161, 4510.17, 4510.22, 4510.31,
4510.41,
4510.43, 4510.53, 4510.54, 4511.01,
4511.181,
4511.19, 4511.191, 4511.192, 4511.193,
4511.194,
4511.195, 4511.196, 4511.197, 4511.203,
4511.211,
4511.512, 4511.63, 4511.69, 4511.75,
4511.76,
4511.761, 4511.762, 4511.764, 4511.77,
4511.79,
4511.81,
4513.263, 4513.35, 4513.37,
4521.01,
4549.17, 4730.31, 4731.223, 4760.15,
4762.15,
4999.06, 5104.09, 5123.081, 5126.28,
5309.54, 5321.05, 5502.61, and 5503.04; to amend,
for the
purpose of adopting a new section number
as
indicated in parentheses, section 1905.29
(737.34); to enact sections 1901.42, 1905.41,
1905.42,
1905.43, 1905.44, 1905.45, 1905.46,
1905.47,
1905.48, 1905.49, 1905.50, 1905.51,
1905.52,
1905.53, 1905.54, 1905.55, 1905.56,
1905.57, and 1907.25;
to repeal sections 1905.01,
1905.02,
1905.03, 1905.031, 1905.032,
1905.033,
1905.04,
1905.05, 1905.08, 1905.17,
1905.20,
1905.201,
1905.21, 1905.22, 1905.23,
1905.24,
1905.25,
1905.26, 1905.28, 1905.30,
1905.31,
1905.32,
1905.34, 1905.35, 1905.36,
1905.37,
2933.07,
2933.08, and 2933.09 of the
Revised
Code to
abolish mayor's courts and to
create
community
courts, to convert
three
part-time
municipal court judgeships into
full-time
judgeships, and to modify the
compensation of
municipal
court judges in
territories having a
population of
more than
50,000.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.42, 109.572, 109.60, 120.03,
120.14, 120.15, 120.16, 120.18, 120.24, 120.25, 120.26, 120.28,
120.33, 120.36, 309.08, 341.23, 341.33, 503.44, 503.46, 504.04,
504.05,
504.06, 504.08, 504.15, 705.14, 705.55, 733.40, 733.44,
733.51,
733.52, 743.14, 753.02, 753.021, 753.04, 753.08, 925.31,
955.99,
1901.021,
1901.024, 1901.026, 1901.04, 1901.08, 1901.11,
1901.181, 1901.31,
1905.29, 1907.012, 1923.01, 1923.02, 1923.10,
2152.021, 2152.03, 2152.16, 2152.18, 2152.21, 2152.41, 2325.15,
2335.06, 2335.08, 2335.09, 2743.51, 2743.60, 2743.70, 2901.01,
2903.04, 2903.06, 2903.08, 2903.212, 2903.213, 2903.214, 2907.24,
2907.27, 2907.28, 2907.41, 2913.01, 2915.01, 2917.11, 2917.41,
2919.25, 2919.251, 2919.26, 2919.271, 2921.25, 2921.51, 2921.52,
2929.142, 2929.21, 2930.01, 2931.01,
2933.02, 2933.03, 2933.04,
2933.05, 2933.06,
2933.10, 2935.01, 2935.03, 2935.13, 2935.14,
2935.17, 2935.27, 2935.33, 2935.36, 2937.08, 2937.221, 2937.23,
2937.46, 2937.99, 2938.02, 2938.04, 2941.51, 2945.17, 2947.23,
2949.02, 2950.01, 2951.041, 2953.02, 2953.03, 2953.07, 2953.09,
2953.31, 2953.36, 3113.31, 3301.88, 3313.662, 3319.20, 3319.31,
3327.10, 3345.23,
3375.50, 3375.51, 3397.41, 3397.43, 4112.02,
4113.52, 4301.252, 4501.11, 4503.13, 4503.233, 4503.234, 4506.07,
4506.15, 4506.18, 4507.02, 4507.06, 4507.091, 4507.164,
4509.33,
4509.35, 4510.01, 4510.03, 4510.031, 4510.032, 4510.034, 4510.036,
4510.038, 4510.04, 4510.05, 4510.07, 4510.11, 4510.12, 4510.13,
4510.14, 4510.15, 4510.16, 4510.161, 4510.17, 4510.22, 4510.31,
4510.41, 4510.43, 4510.53, 4510.54, 4511.01, 4511.181, 4511.19,
4511.191, 4511.192, 4511.193, 4511.194, 4511.195, 4511.196,
4511.197, 4511.203, 4511.211, 4511.512, 4511.63, 4511.69, 4511.75,
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, 4511.79, 4511.81,
4513.263, 4513.35, 4513.37, 4521.01, 4549.17, 4730.31, 4731.223,
4760.15, 4762.15, 4999.06, 5104.09, 5123.081, 5126.28, 5309.54,
5321.05, 5502.61, and 5503.04 be amended, section 1905.29 (737.34)
be amended for the purpose of adopting a new section number as
indicated in parentheses, and sections 1901.42, 1905.41, 1905.42,
1905.43,
1905.44, 1905.45, 1905.46, 1905.47, 1905.48, 1905.49,
1905.50,
1905.51, 1905.52, 1905.53, 1905.54, 1905.55, 1905.56,
1905.57, and 1907.25
of the Revised Code be enacted to read as
follows:
Sec. 109.42. (A) The attorney general shall prepare and
have
printed a pamphlet that contains a compilation of all
statutes
relative to victim's rights in which the attorney general
lists
and
explains the statutes in the form of a victim's bill of
rights.
The attorney general shall distribute the pamphlet to all
sheriffs, marshals,
municipal corporation and township police
departments,
constables, and other law enforcement agencies, to
all
prosecuting attorneys, city directors of law, village
solicitors,
and other similar chief legal officers of municipal
corporations,
and to organizations that represent or provide
services for
victims of crime. The victim's bill of rights set
forth in the
pamphlet shall contain a description of all of the
rights of
victims that are provided for in Chapter 2930. or in
any
other section of the Revised Code and shall include, but not
be
limited to, all of the following:
(1) The right of a victim or a victim's
representative to
attend a proceeding before a grand
jury, in a juvenile case, or in
a criminal case pursuant to a
subpoena without being discharged
from the victim's or
representative's employment, having the
victim's or
representative's employment terminated, having the
victim's
or representative's pay decreased or withheld, or
otherwise being punished, penalized, or threatened as a result of
time lost from regular employment because of the victim's or
representative's attendance at
the proceeding pursuant to the
subpoena, as set forth in section
2151.211, 2930.18, 2939.121, or
2945.451 of the Revised Code;
(2) The potential availability pursuant to section
2151.359
or 2152.61 of the Revised
Code of a forfeited recognizance to pay
damages caused by a child when the delinquency of the child or
child's violation of probation or community control is found to be
proximately caused
by the failure of the child's parent or
guardian to subject the
child to reasonable parental authority or
to faithfully discharge
the conditions of probation or community
control;
(3) The availability of awards of reparations pursuant to
sections 2743.51 to 2743.72 of the Revised Code for injuries
caused by criminal offenses;
(4) The right of the victim in certain criminal or juvenile
cases or a
victim's
representative to receive, pursuant to section
2930.06 of the Revised Code,
notice of the date, time, and place
of the trial or delinquency
proceeding in the case or, if
there
will not be a trial or delinquency proceeding, information from
the prosecutor, as defined in
section 2930.01 of the Revised Code,
regarding the disposition of the case;
(5) The right of the victim in certain criminal or juvenile
cases or a
victim's representative to receive, pursuant to section
2930.04,
2930.05, or 2930.06 of the Revised Code, notice of the
name of the person
charged with the violation, the case or docket
number assigned to
the charge, and a telephone number or numbers
that can be called
to obtain information about the disposition of
the case;
(6) The right of the victim in certain criminal or juvenile
cases or
of the
victim's
representative pursuant to section
2930.13 or 2930.14 of the
Revised Code, subject to any reasonable
terms set by the
court as authorized under section 2930.14 of the
Revised Code, to make a
statement
about the victimization and, if
applicable, a statement relative to the sentencing or disposition
of
the
offender;
(7) The opportunity to obtain a court order, pursuant to
section 2945.04 of the Revised Code, to prevent or stop the
commission of the offense of intimidation of a crime victim or
witness or an offense against the person or property of the
complainant,
or of the complainant's ward or child;
(8) The right of the victim in certain criminal or juvenile
cases or a
victim's
representative pursuant to sections 2151.38,
2929.20, 2930.10,
2930.16, and 2930.17 of
the Revised Code to
receive notice of a pending motion for judicial release
or early
release of
the person who
committed the offense against the
victim, to make an oral or
written
statement at the court hearing
on the motion, and to be notified of
the court's decision on the
motion;
(9) The right of the victim in certain criminal or juvenile
cases or a
victim's representative pursuant to section 2930.16,
2967.12, 2967.26, or 5139.56
of the Revised Code to receive notice
of any pending
commutation, pardon, parole, transitional
control,
discharge, other form of authorized release,
post-release control,
or supervised release for the
person who committed the offense
against the victim or any application for
release of that person
and to send a written statement
relative to the victimization and
the pending action to the adult
parole authority or the release
authority of the department of youth
services;
(10) The right of the victim to bring a civil action
pursuant
to sections 2969.01 to 2969.06 of the Revised Code to
obtain money
from the offender's profit fund;
(11) The right, pursuant to section 3109.09 of the
Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the
parent of a
minor who willfully damages property through the commission
of an
act that would be a theft offense, as defined in section
2913.01
of the Revised Code, if committed by an adult;
(12) The right, pursuant to section 3109.10 of the Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a
minor who
willfully and maliciously assaults a person;
(13) The possibility of receiving restitution from an
offender or a delinquent child pursuant to section
2152.20,
2929.18, or 2929.28 of the Revised Code;
(14) The right of the victim in certain criminal or juvenile
cases
or a victim's representative, pursuant to section 2930.16 of
the Revised
Code, to receive notice of the escape
from confinement
or custody of the person who committed the
offense, to receive
that notice from the custodial agency
of the person at the
victim's last address or telephone
number provided to the
custodial agency, and to
receive notice that, if either the
victim's address or telephone
number changes, it is in the
victim's interest to provide the new
address or telephone number
to the custodial
agency;
(15) The right of a victim of domestic violence
to seek the
issuance of a civil
protection order pursuant to section 3113.31
of the Revised Code, the right of a victim of a violation of
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22
of the Revised Code, a violation of a substantially similar
municipal ordinance or township resolution, or an offense of
violence who is a family or
household member of the offender at
the time of the offense to
seek the issuance of a temporary
protection order pursuant to
section 2919.26 of the Revised Code,
and the right of both types
of victims to be accompanied by a
victim advocate during court
proceedings;
(16) The right of a victim of a
sexually oriented offense
or
of
a child-victim oriented offense that is committed by a person
who
is convicted of, pleads guilty to, or is adjudicated a
delinquent child for committing the
offense and who is in a
category specified in division (B) of
section 2950.10 of the
Revised Code to
receive, pursuant to that
section, notice that
the
person
has
registered with a
sheriff under section 2950.04,
2950.041, or
2950.05
of the Revised Code and
notice of the
person's name, the
person's residence that is registered, and the
offender's school,
institution of higher education, or place of
employment address or
addresses that are registered, the person's
photograph,
and
a
summary of the manner in which the victim must
make a
request
to
receive the notice. As used in this division,
"sexually
oriented
offense" and "child-victim oriented
offense"
have the same meanings as
in section
2950.01 of the Revised Code.
(17) The right of a victim of certain sexually violent
offenses committed by an offender who also is convicted of or
pleads guilty to a sexually violent predator specification and who
is
sentenced
to a prison term pursuant to division
(A)(3) of
section 2971.03 of
the Revised Code, of a victim of a violation of
division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after January
2, 2007, by an offender who is
sentenced for the violation
pursuant to division (B)(1)(a), (b),
or (c) of section 2971.03 of
the Revised Code, of a victim of an
attempted rape committed
on or after January 2, 2007,
by an
offender who also is convicted of or pleads guilty to a
specification of the type described in section 2941.1418,
2941.1419, or 2941.1420 of the Revised Code and is sentenced for
the violation pursuant to division (B)(2)(a), (b), or (c) of
section 2971.03 of the Revised Code, and of a victim of an offense
that is described in division (B)(3)(a), (b), (c), or (d) of
section 2971.03 of the Revised Code and is committed by an
offender who is sentenced pursuant to one of those divisions to
receive, pursuant to
section 2930.16 of the
Revised Code, notice
of a hearing to
determine whether to modify
the requirement that
the offender
serve the entire prison term in
a state correctional
facility,
whether to continue, revise, or
revoke any existing
modification
of that requirement, or whether
to terminate the
prison term.
As used in this division, "sexually
violent offense"
and
"sexually violent predator specification" have the same
meanings as in section
2971.01 of the Revised Code.
(B)(1)(a) Subject to division (B)(1)(c) of this section, a
prosecuting
attorney, assistant prosecuting
attorney, city
director of law, assistant city director of law,
village
solicitor, assistant village solicitor, or similar chief
legal
officer of a municipal corporation or an assistant of any
of those
officers who prosecutes an offense
committed in this state, upon
first
contact with the victim of the offense, the victim's family,
or
the victim's dependents,
shall give the victim, the victim's
family, or the victim's dependents a copy
of the pamphlet prepared
pursuant to division (A) of this section
and explain, upon
request, the information in the pamphlet to the
victim, the
victim's family, or the victim's dependents.
(b) Subject to division (B)(1)(c) of this section, a law
enforcement agency
that investigates an
offense or delinquent act
committed in this state shall give the victim
of the
offense or
delinquent act, the victim's family, or the victim's
dependents
a
copy of the pamphlet
prepared pursuant to division (A) of this
section at one of the
following times:
(i) Upon first contact with the victim, the victim's family,
or
the victim's dependents;
(ii) If the offense or delinquent act is an offense of
violence, if
the
circumstances of the offense or delinquent act
and the condition of the
victim,
the victim's family, or the
victim's dependents indicate that the
victim, the victim's family,
or the victim's dependents will not be able to
understand the
significance
of the pamphlet upon first contact with the agency,
and if the
agency anticipates that it will have an additional
contact with
the victim, the victim's family, or the victim's
dependents, upon the agency's second contact with the victim, the
victim's
family, or the victim's dependents.
If the agency does not give the victim, the victim's family,
or
the victim's dependents a copy of the pamphlet upon first
contact
with them and does not have a second contact with the
victim, the victim's
family,
or the victim's dependents, the
agency shall mail a copy of the pamphlet
to the victim, the
victim's family, or the victim's
dependents at their last known
address.
(c) In complying on and after December 9, 1994, with the
duties imposed by division
(B)(1)(a) or (b) of this section, an
official or a law enforcement agency shall use copies of the
pamphlet that are in the official's or agency's possession on
December 9,
1994, until the official or agency has
distributed all
of those copies. After the official or agency
has distributed all
of those copies, the official or agency shall
use only copies of
the pamphlet that contain at least the
information described in
divisions (A)(1) to (17) of this
section.
(2) The failure of a law enforcement agency or of a
prosecuting attorney, assistant prosecuting attorney, city
director of
law, assistant city director of law, village
solicitor, assistant
village solicitor, or similar chief legal
officer of a municipal
corporation or an assistant to any of those
officers to give, as required by
division
(B)(1) of this section,
the victim of an offense or delinquent act, the
victim's
family,
or the victim's dependents a copy of the pamphlet prepared
pursuant to
division (A) of this section does not give the victim,
the victim's
family, the victim's dependents, or a victim's
representative
any rights under section
2743.51 to
2743.72,
2945.04, 2967.12, 2969.01 to 2969.06,
3109.09, or 3109.10
of the
Revised Code or under any other
provision of the Revised
Code and
does not affect any right under
those sections.
(3) A law enforcement agency, a prosecuting attorney or
assistant prosecuting
attorney, or a city director of law,
assistant city director of
law, village solicitor,
assistant
village solicitor, or similar chief legal officer of a municipal
corporation that distributes a copy of
the pamphlet prepared
pursuant to division (A) of this section
shall not be required to
distribute a copy of an information card
or other printed material
provided by the clerk of the court of
claims pursuant to section
2743.71 of the Revised Code.
(C) The cost of printing and distributing the pamphlet
prepared pursuant to division (A) of this section shall be paid
out of the reparations fund, created pursuant to section 2743.191
of the Revised Code, in accordance with division (D) of that
section.
(D) As used in this section:
(1) "Victim's representative" has the same meaning as in
section 2930.01
of the Revised Code;
(2) "Victim advocate" has the same meaning as in
section
2919.26 of the Revised Code.
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013
of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(1)(a) of
this section.
(2) On receipt of a request pursuant to section 5123.081 of
the Revised Code with respect to an applicant for employment in
any position with the department of mental retardation and
developmental disabilities, pursuant to section 5126.28 of the
Revised Code with respect to an applicant for employment in any
position with a county board of mental retardation and
developmental disabilities, or pursuant to section 5126.281 of the
Revised Code with respect to an applicant for employment in a
direct services position with an entity contracting with a county
board for employment, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,
2925.03, or 3716.11 of the Revised Code;
(b) An existing or former municipal ordinance, township
resolution, or law of this
state, any other state, or the United
States that is substantially
equivalent to any of the offenses
listed in division (A)(2)(a) of
this section.
(3) On receipt of a request pursuant to section 173.27,
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a
completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for employment in a position for
which a criminal records check is required by those sections. The
superintendent shall conduct the criminal records check in the
manner described in division (B) of this section to determine
whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency as a person responsible for the care,
custody, or control of a child, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 5111.032,
5111.033, or 5111.034 of the Revised Code, a completed form
prescribed pursuant
to division (C)(1) of this section, and a set
of fingerprint
impressions obtained in the manner described in
division (C)(2) of
this section, the superintendent of the bureau
of criminal
identification and investigation shall conduct a
criminal records
check. The superintendent shall conduct the
criminal records check
in the manner described in division (B) of
this
section to
determine whether any information
exists that
indicates that the
person who is the subject of the request
previously has been
convicted of, has pleaded guilty to, or has
been found eligible
for intervention in lieu of conviction for
any of
the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04,
2903.041, 2903.11, 2903.12, 2903.13, 2903.16,
2903.21,
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(5)(a) of this section.
(6) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency in a position that involves providing direct
care to an older adult, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(6)(a) of this section.
(7) When conducting a criminal records check upon a request
pursuant to section 3319.39 of the Revised Code for an applicant
who is a teacher, in addition to the determination made under
division (A)(1) of this section, the superintendent shall
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any offense specified in section
3319.31 of the Revised Code.
(8) On a request pursuant to section 2151.86 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense, or felonious sexual penetration in violation
of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(8)(a) of
this section.
(9) When conducting a criminal records check on a request
pursuant to section 5104.013 of the Revised Code for a person who
is an owner, licensee, or administrator of a child day-care center
or type A family day-care home, an authorized provider of a
certified type B family day-care home, or an adult residing in a
type A or certified type B home, or when conducting a criminal
records check or a request pursuant to section 5104.012 of the
Revised Code for a person who is an applicant for employment in a
center, type A home, or certified type B home, the superintendent,
in addition to the determination made under division (A)(1) of
this section, shall determine whether any information exists that
indicates that the person has been convicted of or pleaded guilty
to any of the following:
(a) A violation of section 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,
2921.13, or 2923.01 of the Revised Code, a violation of section
2923.02 or 2923.03 of the Revised Code that relates to a crime
specified in this division or division (A)(1)(a) of this section,
or a second violation of section 4511.19 of the Revised Code
within five years of the date of application for licensure or
certification.
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses or violations described in
division (A)(9)(a) of this section.
(10) Upon receipt of a request pursuant to section 5153.111
of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date, or a violation of section 2925.11 of the Revised Code
that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(10)(a) of
this section.
(11) On receipt of a request for a criminal records check
from an individual pursuant to section 4749.03 or 4749.06 of the
Revised Code, accompanied by a completed copy of the form
prescribed in division (C)(1) of this section and a set of
fingerprint impressions obtained in a manner described in division
(C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this
section to determine whether any information exists indicating
that the person who is the subject of the request has been
convicted of or pleaded guilty to a felony in this state or in any
other state. If the individual indicates that a firearm will be
carried in the course of business, the superintendent shall
require information from the federal bureau of investigation as
described in division (B)(2) of this section. The superintendent
shall report the findings of the criminal records check and any
information the federal bureau of investigation provides to the
director of public safety.
(12) On receipt of a request pursuant to section 1322.03,
1322.031, or 4763.05 of the Revised Code, a completed form
prescribed pursuant to division (C)(1) of this section, and a set
of fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check with respect to any person who has applied
for a license, permit, or certification from the department of
commerce or a division in the department. The superintendent shall
conduct the criminal records check in the manner described in
division (B) of this section to determine whether any information
exists that indicates that the person who is the subject of the
request previously has been convicted of or pleaded guilty to any
of the following: a violation of section 2913.02, 2913.11,
2913.31, 2913.51, or 2925.03 of the Revised Code; any other
criminal offense involving theft, receiving stolen property,
embezzlement, forgery, fraud, passing bad checks, money
laundering, or drug trafficking, or any criminal offense involving
money or securities, as set forth in Chapters 2909., 2911., 2913.,
2915., 2921., 2923., and 2925. of the Revised Code; or any
existing or former law of this state, any other state, or the
United States that is substantially equivalent to those offenses.
(13) Not later than thirty days after the date the
superintendent receives the request, completed form, and
fingerprint impressions, the superintendent shall send the person,
board, or entity that made the request any information, other than
information the dissemination of which is prohibited by federal
law, the superintendent determines exists with respect to the
person who is the subject of the request that indicates that the
person previously has been convicted of or pleaded guilty to any
offense listed or described in division (A)(1), (2), (3), (4),
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as
appropriate. The superintendent shall send the person, board, or
entity that made the request a copy of the list of offenses
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),
(9), (10), (11), or (12) of this section, as appropriate. If the
request was made under section 3701.881 of the Revised Code with
regard to an applicant who may be both responsible for the care,
custody, or control of a child and involved in providing direct
care to an older adult, the superintendent shall provide a list of
the offenses specified in divisions (A)(4) and (6) of this
section.
(B) The superintendent shall conduct any criminal records
check requested under section 121.08, 173.27, 173.394, 1322.03,
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,
3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013,
5111.032, 5111.033, 5111.034, 5123.081, 5126.28,
5126.281, or
5153.111 of the Revised Code as follows:
(1) The superintendent shall review or cause to be reviewed
any relevant information gathered and compiled by the bureau under
division (A) of section 109.57 of the Revised Code that relates to
the person who is the subject of the request, including any
relevant information contained in records that have been sealed
under section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for
information from the federal bureau of investigation, the
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the request and shall review or cause to be
reviewed any information the superintendent receives from that
bureau.
(3) The superintendent or the superintendent's designee may
request criminal history records from other states or the federal
government pursuant to the national crime prevention and privacy
compact set forth in section 109.571 of the Revised Code.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check from
any person for whom a criminal records check is required by
section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,
4749.03, 4749.06, 4763.05, 5104.012, 5104.013,
5111.032,
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or
5153.111 of
the Revised Code. The form that the superintendent
prescribes
pursuant to this division may be in a tangible format,
in an
electronic format, or in both tangible and electronic
formats.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is required by section 121.08,
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,
4763.05, 5104.012, 5104.013, 5111.032, 5111.033,
5111.034,
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised
Code. Any
person for whom a records check is required by any of
those
sections shall obtain the fingerprint impressions at a
county
sheriff's office, municipal police department, or any other
entity with the ability to make fingerprint impressions on the
standard impression sheets prescribed by the superintendent. The
office, department, or entity may charge the person a reasonable
fee for making the impressions. The standard impression sheets the
superintendent prescribes pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible and
electronic formats.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section 121.08,
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,
4763.05, 5104.012, 5104.013, 5111.032, 5111.033,
5111.034,
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised
Code. The
person making a criminal records request under section
121.08,
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32,
3301.541,
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03,
4749.06,
4763.05, 5104.012, 5104.013, 5111.033,
5111.034, 5123.081,
5126.28, 5126.281, or 5153.111 of the Revised
Code shall pay the
fee prescribed pursuant to this division. A
person making a
request under section 3701.881 of the Revised Code
for a criminal
records check for an applicant who may be both
responsible for
the care, custody, or control of a child and
involved in
providing direct care to an older adult shall pay one
fee for the
request. In the case of a request under section
5111.032 of the
Revised Code, the fee shall be paid in the manner
specified in
that section.
(4) The superintendent of the bureau of criminal
identification and investigation may prescribe methods of
forwarding fingerprint impressions and information necessary to
conduct a criminal records check, which methods shall include, but
not be limited to, an electronic
method.
(D) A determination whether any information exists that
indicates that a person previously has been convicted of or
pleaded guilty to any offense listed or described in division
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or
(b),
(A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this
section
that is made by the superintendent with respect to
information
considered in a criminal records check in accordance
with this
section is valid for the person who is the subject of
the criminal
records check for a period of one year from the date
upon which
the superintendent makes the determination. During the
period in
which the determination in regard to a person is valid,
if another
request under this section is made for a criminal
records check
for that person, the superintendent shall provide
the information
that is the basis for the superintendent's
initial determination
at a lower fee than the fee prescribed for
the initial criminal
records check.
(E) As used in this section:
(1) "Criminal records check" means any criminal records check
conducted by the superintendent of the bureau of criminal
identification and investigation in accordance with division (B)
of this section.
(2) "Minor drug possession offense" has the same meaning as
in
section 2925.01 of the Revised Code.
(3) "Older adult" means a person age sixty or older.
Sec. 109.60. (A)(1) The sheriffs of the several counties and
the
chiefs of police chief law enforcement officers of cities
municipal corporations and townships, immediately upon the arrest
of
any person for any felony, on suspicion of any felony, for a
crime constituting a misdemeanor on the first offense and a
felony
on subsequent offenses, or for any misdemeanor described in
division (A)(1)(a) or (A)(10)(a) of section 109.572
of the Revised
Code, and immediately upon the
arrest or taking
into custody of
any child under
eighteen
years of age for committing an act
that
would be a felony or an offense of violence
if committed by an
adult or upon probable cause to believe
that a child of that
age
may have committed an act that would be a
felony or
an offense of
violence if committed by an adult, shall
take the person's or
child's fingerprints, or cause
the same to be taken, according to
the fingerprint system of
identification on the forms furnished by
the superintendent of
the bureau of criminal identification and
investigation, and immediately
shall
forward copies of the
completed forms,
any other description that may be required, and
the history of the offense
committed
to the bureau to be
classified and filed and to the clerk of the court
having
jurisdiction over the prosecution of the offense or over the
adjudication relative to the act.
(2) If a sheriff or chief of police law enforcement officer
has not taken, or caused to be taken, a person's or child's
fingerprints in accordance with division
(A)(1) of this section by
the time of the
arraignment or first appearance of the person or
child, the
court shall order the person or child to appear before
the
sheriff or chief of police law enforcement officer within
twenty-four hours to have the
person's or child's fingerprints
taken. The sheriff or
chief of police law enforcement officer
shall take the person's or child's fingerprints,
or cause the
fingerprints to be taken, according to the fingerprint
system of
identification on the forms furnished by the
superintendent of the
bureau of criminal identification and
investigation and,
immediately after the person's or
child's arraignment or first
appearance, forward copies of the completed
forms, any
other
description that may be required, and the history of
the offense
committed to the bureau to be classified and
filed and to the
clerk of the court.
(3) Every court with jurisdiction over a case involving a
person or child
with respect to whom division (A)(1) of this
section
requires a
sheriff or chief of police law enforcement
officer to take the person's or child's fingerprints shall
inquire
at the time of the person's or child's sentencing or
adjudication
whether or not the person or child has been
fingerprinted pursuant
to division
(A)(1) or (2) of this section
for the original arrest
upon which the sentence or adjudication
is based. If the person or
child was not fingerprinted for
the original arrest upon which the
sentence or adjudication is
based, the court shall order the
person or child to appear before the
sheriff or chief of police
law enforcement officer within twenty-four hours to have the
person's or
child's fingerprints taken. The sheriff or chief of
police law enforcement officer shall
take the person's or child's
fingerprints, or cause the fingerprints to
be taken, according to
the fingerprint system of identification
on the forms furnished by
the superintendent of the bureau of
criminal identification and
investigation and immediately
forward copies of the completed
forms, any other description that
may be required, and the history
of the offense committed
to the bureau to be classified and filed
and to the clerk of the court.
(4) If a person or child is in the custody of a law
enforcement agency or a detention facility, as defined in
section
2921.01 of the Revised
Code, and the chief law
enforcement officer
or chief administrative officer of the
detention facility
discovers that a warrant has been issued or a
bill of information
has been filed alleging the person or child to have
committed an
offense or act other than the offense or act for which the person
or child is in custody, and the other alleged offense or act is
one for
which fingerprints are to be taken pursuant to division
(A)(1) of this section, the law
enforcement agency or detention
facility shall take the
fingerprints of the person or child, or
cause the fingerprints to be taken,
according to the
fingerprint
system of identification on the forms furnished by
the
superintendent of the bureau of criminal identification and
investigation and immediately
forward copies of the completed
forms, any other description
that may be required, and the history
of the offense
committed to the bureau to be classified and filed
and to the clerk of the
court that issued the warrant or with
which the bill of information was
filed.
(5) If an accused
is
found not guilty of the offense charged
or a nolle prosequi is entered in any
case, or if any accused
child under eighteen years of age is found not to be a
delinquent
child for committing an act that would be a felony or an
offense
of violence if committed by an adult or not
guilty of the felony
or
offense of violence charged or a nolle prosequi is entered in
that
case, the
fingerprints and description shall
be given to the
accused upon the accused's request.
(6) The
superintendent
shall compare the description received
with those already
on file in the bureau, and, if the
superintendent finds that
the person arrested or taken
into
custody has
a criminal record or a record as a delinquent child
for having committed an
act that would be a felony or an offense
of violence if
committed by an adult or is a
fugitive from justice
or wanted by any
jurisdiction in this or another state, the
United
States, or a
foreign country for any offense, the superintendent
at once
shall inform the
arresting officer, the officer taking the
person into
custody, or the chief administrative officer of the
county,
multicounty, municipal, municipal-county, or
multicounty-municipal jail or
workhouse, community-based
correctional facility, halfway house, alternative
residential
facility, or state correctional institution in which the person or
child is in custody
of
that fact and give appropriate notice to
the
proper authorities in the jurisdiction in which the person is
wanted, or, if that jurisdiction is a foreign country, give
appropriate notice to federal authorities for transmission to
the
foreign country. The names, under which each person whose
identification is filed is known, shall be alphabetically
indexed
by the superintendent.
(B) Division (A) of this section does not apply to a violator
of a city municipal
ordinance or township resolution unless the
officers have reason to believe that the violator is a
past
offender or the crime is one constituting a
misdemeanor on the
first offense and a felony on subsequent
offenses, or unless it is
advisable for the purpose of subsequent
identification. This
section does not apply to any child under
eighteen years of age
who was not arrested or otherwise taken into custody
for
committing an act that would be a
felony or an
offense
of violence
if committed by an adult or upon probable cause to believe
that a
child of that
age may have
committed an act that would be a
felony
or an
offense of violence if committed by an adult, except as
provided in
section 2151.313 of the Revised Code.
(C)(1) For purposes of division (C) of this section, a law
enforcement agency shall be considered to have arrested a person
if any law enforcement officer who is employed by, appointed by,
or serves that agency arrests the person. As used in division (C)
of this section:
(a) "Illegal methamphetamine manufacturing laboratory" has
the same meaning as in section 3745.13 of the Revised Code.
(b) "Methamphetamine or a methamphetamine product" means
methamphetamine, any salt, isomer, or salt of an isomer of
methamphetamine, or any compound, mixture, preparation, or
substance containing methamphetamine or any salt, isomer, or salt
of an isomer of methamphetamine.
(2) Each law enforcement agency that, in any calendar year,
arrests any person for a violation of section 2925.04 of the
Revised Code that is based on the manufacture of methamphetamine
or a methamphetamine product, a violation of section 2925.041 of
the Revised Code that is based on the possession of chemicals
sufficient to produce methamphetamine or a methamphetamine
product, or a violation of any other provision of Chapter 2925. or
3719. of the Revised Code that is based on the possession of
chemicals sufficient to produce methamphetamine or a
methamphetamine product shall prepare an annual report covering
the calendar year that contains the information specified in
division (C)(3) of this section relative to all arrests for
violations of those sections committed under those circumstances
during that calendar year and relative to illegal methamphetamine
manufacturing laboratories, dump sites, and chemical caches as
specified in that division and shall send the annual report, not
later than the first day of March in the calendar year following
the calendar year covered by the report, to the bureau of criminal
identification and investigation.
The law enforcement agency shall write any annual report
prepared and filed under this division on the standard forms
furnished by the superintendent of the bureau of criminal
identification and investigation pursuant to division (C)(4) of
this section. The annual report shall be a statistical report, and
nothing in the report or in the information it contains shall
identify, or enable the identification of, any person who was
arrested and whose arrest is included in the information contained
in the report. The annual report in the possession of the bureau
and the information it contains are public records for the purpose
of section 149.43 of the Revised Code.
(3) The annual report prepared and filed by a law enforcement
agency under division (C)(2) of this section shall contain all of
the following information for the calendar year covered by the
report:
(a) The total number of arrests made by the agency in that
calendar year for a violation of section 2925.04 of the Revised
Code that is based on the manufacture of methamphetamine or a
methamphetamine product, a violation of section 2925.041 of the
Revised Code that is based on the possession of chemicals
sufficient to produce methamphetamine or a methamphetamine
product, or a violation of any other provision of Chapter 2925. or
3719. of the Revised Code that is based on the possession of
chemicals sufficient to produce methamphetamine or a
methamphetamine product;
(b) The total number of illegal methamphetamine manufacturing
laboratories at which one or more of the arrests reported under
division (C)(3)(a) of this section occurred, or that were
discovered in that calendar year within the territory served by
the agency but at which none of the arrests reported under
division (C)(3)(a) of this section occurred;
(c) The total number of dump sites and chemical caches that
are, or that are reasonably believed to be, related to illegal
methamphetamine manufacturing and that were discovered in that
calendar year within the territory served by the agency.
(4) The superintendent of the bureau of criminal
identification and investigation shall prepare and furnish to each
law enforcement agency in this state standard forms for making the
annual reports required by division (C)(2) of this section. The
standard forms that the superintendent prepares pursuant to this
division may be in a tangible format, in an electronic format, or
in both a tangible format and an electronic format.
(5) The annual report required by division (C)(2) of this
section is separate from, and in addition to, any report,
materials, or information required under division (A) of this
section or under any other provision of sections 109.57 to 109.62
of the Revised Code.
Sec. 120.03. (A) The Ohio public defender commission
shall
appoint the state public defender, who shall serve at the
pleasure
of the commission.
(B) The Ohio public defender commission shall establish
rules
for the conduct of the offices of the county and joint
county
public defenders and for the conduct of county appointed
counsel
systems in the state. These rules shall include, but are
not
limited to, the following:
(1) Standards of indigency and minimum qualifications for
legal representation by a public defender or appointed counsel.
In
establishing standards of indigency and determining who is
eligible for legal representation by a public defender or
appointed counsel, the commission shall consider an indigent
person to be an individual who at the time his the person's need
is determined
is unable to provide for the payment of an attorney
and all other
necessary expenses of representation. Release on
bail shall not
prevent a person from being determined to be
indigent.
(2) Standards for the hiring of outside counsel;
(3) Standards for contracts by a public defender with law
schools, legal aid societies, and nonprofit organizations for
providing counsel;
(4) Standards for the qualifications, training, and size
of
the legal and supporting staff for a public defender,
facilities,
and other requirements needed to maintain and operate
an office of
a public defender;
(5) Minimum caseload standards;
(6) Procedures for the assessment and collection of the
costs
of legal representation that is provided by public
defenders or
appointed counsel;
(7) Standards and guidelines for determining whether a
client
is able to make an up-front contribution toward the cost
of his
the client's legal representation;
(8) Procedures for the collection of up-front
contributions
from clients who are able to contribute toward the
cost of their
legal representation, as determined pursuant to the
standards and
guidelines developed under division (B)(7) of this
section. All of
such up-front contributions shall be paid into
the appropriate
county fund.
(9) Standards for contracts between a board of county
commissioners, a county public defender commission, or a joint
county public defender commission and a municipal corporation or
township for
the legal representation of indigent persons charged
with
violations of the ordinances of the municipal corporation or
resolutions of the township.
(C) The Ohio public defender commission shall adopt rules
prescribing minimum qualifications of counsel appointed pursuant
to this chapter or appointed by the courts. Without limiting its
general authority to prescribe different qualifications for
different categories of appointed counsel, the commission shall
prescribe, by rule, special qualifications for counsel and
co-counsel appointed in capital cases.
(D) In administering the office of the Ohio public
defender
commission:
(1) The commission shall do the following:
(a) Approve an annual operating budget;
(b) Make an annual report to the governor, the general
assembly, and the supreme court of Ohio on the operation of the
state public defender's office, the county appointed counsel
systems, and the county and joint county public defenders'
offices.
(2) The commission may do the following:
(a) Accept the services of volunteer workers and
consultants
at no compensation other than reimbursement of actual
and
necessary expenses;
(b) Prepare and publish statistical and case studies and
other data pertinent to the legal representation of indigent
persons;
(c) Conduct programs having a general objective of
training
and educating attorneys and others in the legal
representation of
indigent persons.
(E) There is hereby established in the state treasury the
public defender training fund for the deposit of fees received by
the Ohio public defender commission from educational seminars,
and
the sale of publications, on topics concerning criminal law
and
procedure. Expenditures from this fund shall be made only
for the
operation of activities authorized by division (D)(2)(c)
of this
section.
(F)(1) In accordance with sections 109.02, 109.07, and
109.361 to 109.366 of the Revised Code, but subject to division
(E) of section 120.06 of the Revised Code, the attorney general
shall represent or provide for the representation of the Ohio
public defender commission, the state public defender, assistant
state public defenders, and other employees of the commission or
the state public defender.
(2) Subject to division (E) of section 120.06 of the
Revised
Code, the attorney general shall represent or provide for
the
representation of attorneys described in division (C) of
section
120.41 of the Revised Code in malpractice or other civil
actions
or proceedings that arise from alleged actions or
omissions
related to responsibilities derived pursuant to this
chapter, or
in civil actions that are based upon alleged
violations of the
constitution or statutes of the United States,
including section
1983 of Title 42 of the United States Code, 93
Stat. 1284 (1979),
42 U.S.C.A. 1983, as amended, and that arise
from alleged actions
or omissions related to responsibilities
derived pursuant to this
chapter. For purposes of the
representation, sections 109.361 to
109.366 of the Revised Code
shall apply to an attorney described
in division (C) of section
120.41 of the Revised Code as if he the
attorney were an officer
or employee,
as defined in section 109.36
of the Revised Code, and the Ohio
public defender commission or
the state public defender,
whichever contracted with the attorney,
shall be considered his the
attorney's
employer.
Sec. 120.14. (A)(1) Except as provided in division (A)(2)
of
this section, the county public defender commission shall
appoint
the county public defender and may remove him the county
public
defender from office
only for good cause.
(2) If a county public defender commission contracts with
the
state public defender or with one or more nonprofit
organizations
for the state public defender or the organizations
to provide all
of the services that the county public defender is
required or
permitted to provide by this chapter, the commission
shall not
appoint a county public defender.
(B) The commission shall determine the qualifications and
size of the supporting staff and facilities and other
requirements
needed to maintain and operate the office of the
county public
defender.
(C) In administering the office of county public defender,
the commission shall:
(1) Recommend to the county commissioners an annual
operating
budget which is subject to the review, amendment, and
approval of
the board of county commissioners;
(2)(a) Make an annual report to the county commissioners
and
the Ohio public defender commission on the operation of the
county
public defender's office, including complete and detailed
information on finances and costs that separately states costs
and
expenses that are reimbursable under section 120.35 of the
Revised
Code, and any other data and information requested by the
state
public defender;
(b) Make monthly reports relating to reimbursement and
associated case data pursuant to the rules of the Ohio public
defender commission to the board of county commissioners and the
Ohio public defender commission on the total costs of the public
defender's office.
(3) Cooperate with the Ohio public defender commission in
maintaining the standards established by rules of the Ohio public
defender commission pursuant to divisions (B) and (C) of section
120.03 of the Revised Code, and cooperate with the state public
defender in his the state public defender's programs providing
technical aid and assistance
to county systems.
(D) The commission may accept the services of volunteer
workers and consultants at no compensation except reimbursement
for actual and necessary expenses.
(E) The commission may contract with any municipal
corporation or township, within the county served by the county
public
defender, for the county public defender to provide legal
representation for indigent persons who are charged with a
violation of the ordinances of the municipal corporation or
resolutions of the township.
(F) A county public defender commission, with the approval
of
the board of county commissioners regarding all provisions
that
pertain to the financing of defense counsel for indigent
persons,
may contract with the state public defender or with any
nonprofit
organization, the primary purpose of which is to
provide legal
representation to indigent persons, for the state
public defender
or the organization to provide all or any part of
the services
that a county public defender is required or
permitted to provide
by this chapter. A contract entered into
pursuant to this division
may provide for payment for the
services provided on a per case,
hourly, or fixed contract basis.
The state public defender and any
nonprofit organization that
contracts with a county public
defender commission pursuant to
this division shall do all of the
following:
(1) Comply with all standards established by the rules of
the
Ohio public defender commission;
(2) Comply with all standards established by the state
public
defender;
(3) Comply with all statutory duties and other laws
applicable to county public defenders.
Sec. 120.15. (A) The county public defender shall be
appointed by the county public defender commission for a term not
to exceed four years. He The county public defender shall be an
attorney with a minimum of
two years experience in the practice of
law and be admitted to
the practice of law in Ohio at least one
year prior to his
appointment.
(B) In carrying out the responsibilities and performing
the
duties of his office, the county public defender shall:
(1) Maintain an office, approved by the commission,
provided
with a library of adequate size, considering the needs
of the
office and the accessibility of other libraries, and other
necessary facilities and equipment;
(2) Keep and maintain financial records of all cases
handled
and develop records for use in the calculation of direct
and
indirect costs in the operation of the office and report
monthly
pursuant to the rules of the Ohio public defender
commission to
the county public defender commission and to the
Ohio public
defender commission on all relevant data on the
operations of the
office, costs, projected needs, and
recommendations for
legislation or amendments to court rules, as
may be appropriate to
improve the criminal justice system;
(3) Collect all moneys due from contracts with municipal
corporations and townships or for reimbursement for legal services
under this
chapter and institute such actions in court for the
collection of
such sums as he the county public defender considers
advisable.
All moneys collected or
received by the public
defender shall be paid into the county
treasury to the credit of
the general revenue fund.
(4) Appoint assistant county public defenders and all
other
personnel necessary to the functioning of the county public
defender's office, subject to the authority of the county public
defender commission to determine the size and qualifications of
the staff pursuant to division (B) of section 120.14 of the
Revised Code. All assistant county public defenders shall be
admitted to the practice of law in Ohio, and may be appointed on
a
full or part-time basis.
(C) The county public defender may exercise the rights
authorized in division (C) of section 120.04 of the Revised Code.
(D) The county public defender shall determine indigency
of
persons, subject to review by the court, in the same manner as
provided in section 120.05 of the Revised Code. Each monthly
report submitted to the board of county commissioners and the
state public defender shall include a certification by the county
public defender that all persons provided representation by the
county public defender's office during the month covered by the
report were indigent under the standards of the Ohio public
defender commission.
Sec. 120.16. (A)(1) The county public defender shall
provide
legal representation to indigent adults and juveniles who
are
charged with the commission of an offense or act that is a
violation of a state statute and for which the penalty or any
possible adjudication includes the potential loss of liberty and
in postconviction proceedings as defined in this section.
(2) The county public defender may provide legal
representation to indigent adults and juveniles charged with the
violation of an ordinance of a municipal corporation or resolution
of a township for which
the
penalty or any possible adjudication
includes the potential
loss
of liberty, if the county public
defender commission has
contracted with the municipal corporation
or township to provide legal
representation for indigent persons
charged with a violation of
an
ordinance of the municipal
corporation or resolution of the township.
(B) The county public defender shall provide the legal
representation authorized by division (A) of this section at
every
stage of the proceedings following arrest, detention,
service of
summons, or indictment.
(C) The county public defender may request the state
public
defender to prosecute any appeal or other remedy before or
after
conviction that the county public defender decides is
in the
interests of justice,
and may provide legal representation in
parole and probation
revocation matters
and matters relating to
the revocation of community control or post-release control under
a community control sanction or post-release control sanction.
(D) The county public defender shall not be required to
prosecute any appeal, postconviction remedy, or other proceeding,
unless the county public defender is first satisfied there is
arguable merit to the proceeding.
(E) Nothing in this section shall prevent a court from
appointing counsel other than the county public defender or from
allowing an indigent person to select the indigent person's
own
personal counsel to represent the indigent person. A court may
also
appoint counsel or allow an indigent person to select the
indigent person's
own personal counsel to assist the county public
defender as co-counsel when
the interests of justice so require.
(F) Information as to the right to legal representation by
the county public defender or assigned counsel shall be afforded
to an accused person immediately upon arrest, when brought before
a magistrate, or when formally charged, whichever occurs first.
(G) If a court appoints the office of
the county public
defender to represent a petitioner in a
postconviction relief
proceeding under section 2953.21 of the
Revised Code, the
petitioner has
received a sentence of death, and the proceeding
relates to that
sentence, all of the attorneys who represent the
petitioner in
the proceeding pursuant to the appointment, whether
an assistant
county public defender or the county public defender,
shall be
certified under Rule
20 of the Rules of
Superintendence
for
the Courts
of Ohio to represent
indigent
defendants charged
with or convicted of an offense for
which the
death penalty can be
or has been imposed.
(H) As used in this section:
(1) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code.
Sec. 120.18. (A) The county public defender commission's
report to the board of county commissioners shall be audited by
the county auditor. The board of county commissioners, after
review and approval of the audited report, may then certify it to
the state public defender for reimbursement. If a request for
the
reimbursement of any operating expenditure incurred by a
county
public defender office is not received by the state public
defender within sixty days after the end of the calendar month in
which the expenditure is incurred, the state public defender
shall
not pay the requested reimbursement, unless the county has
requested, and the state public defender has granted, an
extension
of the sixty-day time limit. Each request for
reimbursement shall
include a certification by the county public
defender that the
persons provided representation by the county
public defender's
office during the period covered by the report
were indigent and,
for each person provided representation during that
period, a
financial disclosure form completed by the person on a form
prescribed by the state public defender. The state public defender
shall
also review the
report and, in accordance with the
standards, guidelines, and
maximums established pursuant to
divisions (B)(7) and (8) of
section 120.04 of the Revised Code,
prepare a voucher for fifty
per cent of the total cost of each
county public defender's
office for the period of time covered by
the certified report and
a voucher for fifty per cent of the costs
and expenses that are
reimbursable under section 120.35 of the
Revised Code, if any,
or, if the amount of money appropriated by
the general assembly
to reimburse counties for the operation of
county public defender
offices, joint county public defender
offices, and county
appointed counsel systems is not sufficient to
pay fifty per cent
of the total cost of all of the offices and
systems, for the
lesser amount required by section 120.34 of the
Revised Code. For the
purposes of this section, "total cost" means
total
expenses minus costs and expenses reimbursable under section
120.35 of the Revised Code and any funds received by the county
public defender commission pursuant to a contract, except a
contract entered into with a municipal corporation or township
pursuant to
division (E) of section 120.14 of the Revised Code,
gift, or
grant.
(B) If the county public defender fails to maintain the
standards for the conduct of the office established by rules of
the Ohio public defender commission pursuant to divisions (B) and
(C) of section 120.03 or the standards established by the state
public defender pursuant to division (B)(7) of section 120.04 of
the Revised Code, the Ohio public defender commission shall
notify
the county public defender commission and the board of
county
commissioners of the county that the county public
defender has
failed to comply with its rules or the standards of
the state
public defender. Unless the county public defender
commission or
the county public defender corrects the conduct of
the county
public defender's office to comply with the rules
and standards
within ninety
days after the date of the notice, the state public
defender may deny
payment of all or part of the county's
reimbursement from the state provided for in division (A) of this
section.
Sec. 120.24. (A)(1) Except as provided in division (A)(2)
of
this section, the joint county public defender commission
shall
appoint the joint county public defender and may remove him
the
joint county public defender
from office only for good cause.
(2) If a joint county public defender commission contracts
with the state public defender or with one or more nonprofit
organizations for the state public defender or the organizations
to provide all of the services that the joint county public
defender is required or permitted to provide by this chapter, the
commission shall not appoint a joint county public defender.
(B) The commission shall determine the qualifications and
size of the supporting staff and facilities and other
requirements
needed to maintain and operate the office.
(C) In administering the office of joint county public
defender, the commission shall:
(1) Recommend to the boards of county commissioners in the
district an annual operating budget which is subject to the
review, amendment, and approval of the boards of county
commissioners in the district;
(2)(a) Make an annual report to the boards of county
commissioners in the district and the Ohio public defender
commission on the operation of the public defender's office,
including complete and detailed information on finances and costs
that separately states costs and expenses that are reimbursable
under section 120.35 of the Revised Code, and such other data and
information requested by the state public defender;
(b) Make monthly reports relating to reimbursement and
associated case data pursuant to the rules of the Ohio public
defender commission to the boards of county commissioners in the
district and the Ohio public defender commission on the total
costs of the public defender's office.
(3) Cooperate with the Ohio public defender commission in
maintaining the standards established by rules of the Ohio public
defender commission pursuant to divisions (B) and (C) of section
120.03 of the Revised Code, and cooperate with the state public
defender in his the state public defender's programs providing
technical aid and assistance
to county systems.
(D) The commission may accept the services of volunteer
workers and consultants at no compensation except reimbursement
for actual and necessary expenses.
(E) The commission may contract with any municipal
corporation or township, within the counties served by the joint
county
public defender, for the joint county public defender to
provide
legal representation for indigent persons who are charged
with a
violation of the ordinances of the municipal corporation or
resolutions of the township.
(F) A joint county public defender commission, with the
approval of each participating board of county commissioners
regarding all provisions that pertain to the financing of defense
counsel for indigent persons, may contract with the state public
defender or with any nonprofit organization, the primary purpose
of which is to provide legal representation to indigent persons,
for the state public defender or the organization to provide all
or any part of the services that a joint county public defender
is
required or permitted to provide by this chapter. A contract
entered into pursuant to this division may provide for payment
for
the services provided on a per case, hourly, or fixed
contract
basis. The state public defender and any nonprofit
organization
that contracts with a joint county public defender
commission
pursuant to this division shall do all of the
following:
(1) Comply with all standards established by the rules of
the
Ohio public defender commission;
(2) Comply with all standards established by the Ohio
public
defender;
(3) Comply with all statutory duties and other laws
applicable to joint county public defenders.
Sec. 120.25. (A) The joint county public defender shall
be
appointed by the joint county public defender commission for a
term not to exceed four years. He The joint county public
defender
shall be an attorney with a
minimum of two years experience in the
practice of law and be
admitted to the practice of law in Ohio at
least one year prior
to his appointment.
(B) In carrying out the responsibilities and performing
the
duties of his office, the joint county public defender shall:
(1) Maintain an office, approved by the commission,
provided
with a library of adequate size, considering the needs
of the
office and the accessibility of other libraries, and other
necessary facilities and equipment;
(2) Keep and maintain financial records of all cases
handled
and develop records for use in the calculation of direct
and
indirect costs in the operation of the office, and report
monthly
pursuant to the rules of the Ohio public defender
commission to
the joint county defender commission and to the
Ohio public
defender commission on all relevant data on the
operations of the
office, costs, projected needs, and
recommendations for
legislation or amendments to court rules, as
may be appropriate to
improve the criminal justice system;
(3) Collect all moneys due from contracts with municipal
corporations and townships or for reimbursement for legal services
under this
chapter and institute such actions in court for the
collection of
such sums as he the public defender considers
advisable. The
public defender shall
pay into the treasury of each
county in the district, to the
credit of the general revenue fund,
the county's proportionate
share of all moneys collected or
received by him the public
defender.
(4) Appoint assistant joint county public defenders and
all
other personnel necessary to the functioning of the joint
county
public defender office, subject to the authority of the
joint
county public defender commission to determine the size and
qualifications of the staff pursuant to division (B) of section
120.24 of the Revised Code. All assistant joint county public
defenders shall be admitted to the practice of law in Ohio, and
may be appointed on a full or part-time basis.
(C) The joint county public defender may exercise the
rights
authorized in division (C) of section 120.04 of the
Revised Code.
(D) The joint county public defender shall determine
indigency of persons, subject to review by the court, in the same
manner as provided in section 120.05 of the Revised Code. Each
monthly report submitted to the board of county commissioners and
the state public defender shall include a certification by the
joint county public defender that all persons provided
representation by the joint county public defender's office
during
the month covered by the report were indigent under the
standards
of the Ohio public defender commission.
Sec. 120.26. (A)(1) The joint county public defender
shall
provide legal representation to indigent adults and
juveniles who
are charged with the commission of an offense or
act that is a
violation of a state statute and for which the
penalty or any
possible adjudication includes the potential loss
of liberty and
in postconviction proceedings as defined in this
section.
(2) The joint county public defender may provide legal
representation to indigent adults and juveniles charged with the
violation of an ordinance of a municipal corporation or resolution
of a township for which
the
penalty or any possible adjudication
includes the potential
loss
of liberty, if the joint county public
defender commission
has
contracted with the municipal corporation
or township to provide legal
representation for indigent persons
charged with a violation of
an
ordinance of the municipal
corporation or resolution of the township.
(B) The joint county public defender shall provide the
legal
representation authorized by division (A) of this section
at every
stage of the proceedings following arrest, detention,
service of
summons, or indictment.
(C) The joint county public defender may request the Ohio
public defender to prosecute any appeal or other remedy before or
after conviction that the joint county public defender
decides is
in the interests of justice and may provide legal representation
in
parole and probation revocation matters
and matters relating to
the revocation of community control or post-release control under
a community control sanction or post-release control sanction.
(D) The joint county public defender shall not be required
to
prosecute any appeal, postconviction remedy, or other
proceeding,
unless the joint county public defender is first
satisfied that
there is arguable merit to the proceeding.
(E) Nothing in this section shall prevent a court from
appointing counsel other than the joint county public defender or
from allowing an indigent person to select the indigent
person's
own personal counsel to represent the indigent person. A court
may
also appoint counsel or allow an indigent person to select the
indigent
person's own personal counsel to assist the joint county
public defender as
co-counsel when the interests of justice so
require.
(F) Information as to the right to legal representation by
the joint county public defender or assigned counsel shall be
afforded to an accused person immediately upon arrest, when
brought before a magistrate, or when formally charged, whichever
occurs first.
(G) If a court appoints the office of
the joint county
public
defender to represent a petitioner in a
postconviction
relief
proceeding under section 2953.21 of the
Revised Code, the
petitioner has
received a sentence of death, and the proceeding
relates to that
sentence, all of the attorneys who represent the
petitioner in
the proceeding pursuant to the appointment, whether
an assistant
joint county defender or the joint county public
defender, shall
be certified under Rule
20 of the Rules of
Superintendence for
the Courts
of Ohio to represent
indigent
defendants charged with or convicted of an
offense for
which the
death penalty can be or has been imposed.
(H) As used in this section:
(1) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code.
Sec. 120.28. (A) The joint county public defender
commission's report to the joint board of county commissioners
shall be audited by the fiscal officer of the district. The
joint
board of county commissioners, after review and approval of
the
audited report, may then certify it to the state public
defender
for reimbursement. If a request for the reimbursement
of any
operating expenditure incurred by a joint county public
defender
office is not received by the state public defender
within sixty
days after the end of the calendar month in which
the expenditure
is incurred, the state public defender shall not
pay the requested
reimbursement, unless the joint board of county
commissioners has
requested, and the state public defender has
granted, an extension
of the sixty-day time limit. Each request
for reimbursement shall
include a certification by the joint
county public defender that
all persons provided representation
by the joint county public
defender's office during the period
covered by the request were
indigent and, for each person provided
representation during that
period, a financial disclosure form completed by
the person on a
form prescribed by the state public defender. The state
public
defender
shall also review the report and, in accordance with the
standards, guidelines, and maximums established pursuant to
divisions (B)(7) and (8) of section 120.04 of the Revised Code,
prepare a voucher for fifty per cent of the total cost of each
joint county public defender's office for the period of time
covered by the certified report and a voucher for fifty per cent
of the costs and expenses that are reimbursable under section
120.35 of the Revised Code, if any, or, if the amount of money
appropriated by the general assembly to reimburse counties for
the
operation of county public defender offices, joint county
public
defender offices, and county appointed counsel systems is
not
sufficient to pay fifty per cent of the total cost of all of
the
offices and systems, for the lesser amount required by
section
120.34 of the Revised Code. For purposes of this
section, "total
cost" means total expenses minus costs and
expenses reimbursable
under section 120.35 of the Revised Code
and any funds received by
the joint county public defender
commission pursuant to a
contract, except a contract entered into
with a municipal
corporation or township pursuant to division (E) of section
120.24
of the Revised Code, gift, or grant. Each county in the
district
shall be entitled to a share of such state reimbursement
in
proportion to the percentage of the total cost it has agreed
to
pay.
(B) If the joint county public defender fails to maintain
the
standards for the conduct of the office established by the
rules
of the Ohio public defender commission pursuant to
divisions (B)
and (C) of section 120.03 or the standards
established by the
state public defender pursuant to division
(B)(7) of section
120.04 of the Revised Code, the Ohio public
defender commission
shall notify the joint county public defender
commission and the
board of county commissioners of each county
in the district that
the joint county public defender has failed
to comply with its
rules or the standards of the state public
defender. Unless the
joint public defender commission or the
joint county public
defender corrects the conduct of the joint
county public
defender's office
to comply with the rules and standards within
ninety days after
the date of the notice, the state public
defender may deny all or part of
the counties' reimbursement from
the state provided for in division (A) of this section.
Sec. 120.33. (A) In lieu of using a county public
defender
or joint county public defender to represent indigent
persons in
the proceedings set forth in division (A) of section
120.16 of the
Revised Code, the board of county commissioners of
any county may
adopt a resolution to pay counsel who are either
personally
selected by the indigent person or appointed by the
court. The
resolution shall include those provisions the board
of county
commissioners considers necessary to provide effective
representation of indigent persons in any proceeding for which
counsel is provided under this section. The resolution shall
include provisions for contracts with any municipal corporation or
township
under which the municipal corporation or township shall
reimburse the county
for counsel appointed to represent indigent
persons charged with
violations of the ordinances of the municipal
corporation or resolutions of the township.
(1) In a county that adopts a resolution to pay counsel,
an
indigent person shall have the right to do either of the
following:
(a) To select the person's own personal counsel to represent
the person in
any proceeding included within the provisions of the
resolution;
(b) To request the court to appoint counsel to represent
the
person in such a proceeding.
(2) The court having jurisdiction over the proceeding in a
county that adopts a resolution to pay counsel shall, after
determining that the person is indigent and entitled to legal
representation under this section, do either of the following:
(a) By signed journal entry recorded on its docket, enter
the
name of the lawyer selected by the indigent person as counsel
of
record;
(b) Appoint counsel for the indigent person if the person
has
requested the court to appoint counsel and, by signed journal
entry recorded on its dockets, enter the name of the lawyer
appointed for the indigent person as counsel of record.
(3) The board of county commissioners shall establish a
schedule of fees by case or on an hourly basis to be paid to
counsel for legal services provided pursuant to a resolution
adopted under this section. Prior to establishing the schedule,
the board of county commissioners shall request the bar
association or associations of the county to submit a proposed
schedule. The schedule submitted shall be subject to the review,
amendment, and approval of the board of county commissioners.
(4) Counsel selected by the indigent person or appointed
by
the court at the request of an indigent person in a county
that
adopts a resolution to pay counsel, except for counsel
appointed
to represent a person charged with any violation of an
ordinance
of a municipal corporation, or a resolution of a township, that
has not contracted with
the county
commissioners for the payment
of appointed counsel,
shall be paid
by the county and shall
receive the compensation
and expenses the
court approves. Each
request for payment shall
be accompanied by
a
financial
disclosure form and an affidavit of
indigency that are
completed
by the
indigent person on forms prescribed by the state
public
defender.
Compensation and expenses shall not exceed the
amounts
fixed by
the board of county commissioners in the schedule
adopted
pursuant to division (A)(3) of this section. No court
shall
approve compensation and expenses that exceed the amount
fixed
pursuant to division (A)(3) of this section.
The fees and expenses approved by the court shall not be
taxed as part of the costs and shall be paid by the county.
However, if the person represented has, or may reasonably be
expected to have, the means to meet some part of the cost of the
services rendered to the person, the person shall pay
the county
an
amount that the person reasonably can be expected to pay.
Pursuant to section 120.04 of the Revised Code, the county shall
pay to the
state public defender a percentage of the
payment
received from the
person in an amount
proportionate to the
percentage of the costs of the person's case
that were paid to the
county by the state public defender
pursuant to this section. The
money paid to the state public
defender shall be credited to the
client payment
fund created pursuant to division (B)(5) of section
120.04 of the
Revised Code.
The county auditor shall draw a warrant on the county
treasurer for the payment of counsel in the amount fixed by the
court, plus the expenses the court fixes and certifies to the
auditor. The county auditor shall report periodically, but not
less than annually, to the board of county commissioners and to
the state public defender the amounts paid out
pursuant
to the
approval of the court. The board of county
commissioners,
after
review and approval of the auditor's report,
or the county
auditor, with permission from and notice to the
board of county
commissioners, may then
certify it to the state
public defender
for reimbursement. The state public defender
may pay a requested
reimbursement only if the
request for
reimbursement is
accompanied by a financial
disclosure form
and an affidavit of
indigency completed by the
indigent person on
forms prescribed by
the state public defender or if the court
certifies by electronic
signature as prescribed by the state
public defender that a
financial disclosure form and affidavit of
indigency have been
completed by the indigent person and are
available for
inspection. If a request for the
reimbursement of
the cost of
counsel in any case is not received
by the state
public defender
within ninety days after the end of
the calendar
month in which
the case is finally disposed of by
the court,
unless the county
has requested and the state public
defender has
granted an
extension of the ninety-day limit, the
state public
defender
shall
not pay the requested reimbursement.
The state
public
defender
shall also review the report and, in
accordance
with the
standards, guidelines, and maximums
established pursuant
to
divisions (B)(7) and (8) of section
120.04 of the Revised Code,
prepare a voucher for fifty per cent
of the total cost of each
county appointed counsel system in the
period of time covered by
the certified report and a voucher for
fifty per cent of the costs
and expenses that are reimbursable
under section 120.35 of the
Revised Code, if any, or, if the
amount of money appropriated by
the general assembly to reimburse
counties for the operation of
county public defender offices,
joint county public defender
offices, and county appointed
counsel systems is not sufficient to
pay fifty per cent of the
total cost of all of the offices and
systems other than costs and
expenses that are reimbursable under
section 120.35 of the
Revised Code, for the lesser amount required
by section 120.34 of
the Revised Code.
(5) If any county appointed counsel system fails to
maintain
the standards for the conduct of the system established
by the
rules of the Ohio public defender commission pursuant to
divisions
(B) and (C) of section 120.03 or the standards
established by the
state public defender pursuant to division
(B)(7) of section
120.04 of the Revised Code, the Ohio public
defender commission
shall notify the board of county
commissioners of the county that
the county appointed counsel
system has failed to comply with its
rules or the standards of
the state public defender. Unless the
board of county
commissioners corrects the conduct of its
appointed counsel
system to comply with the rules and standards
within ninety days
after the date of the notice, the state public
defender may deny all or part
of the county's reimbursement
from
the state provided for in division (A)(4) of this section.
(B) In lieu of using a county public defender or joint
county
public defender to represent indigent persons in the
proceedings
set forth in division (A) of section 120.16 of the
Revised Code,
and in lieu of adopting the resolution and
following
the procedure
described in division (A) of this
section, the board
of county
commissioners of any county may
contract with the state
public
defender for the state public
defender's legal
representation of
indigent persons. A contract entered into
pursuant to this
division may provide for payment for the
services
provided on a
per case, hourly, or fixed contract basis.
(C) If a court appoints an attorney pursuant to this section
to represent a
petitioner in a postconviction relief proceeding
under section 2953.21 of the
Revised Code, the petitioner has
received a sentence of death, and the
proceeding relates to that
sentence, the attorney who represents the petitioner in the
proceeding pursuant to the appointment shall be certified under
Rule
20 of the Rules of Superintendence for
the
Courts
of Ohio
to
represent indigent
defendants charged with or
convicted of an
offense for which the
death penalty can be or has
been imposed.
Sec. 120.36. (A)(1) Subject to division (A)(2), (3), (4),
(5), or (6) of this section, if a person who is a defendant in a
criminal case or a party in a case in juvenile court requests or
is provided a state public defender, a county or joint county
public defender, or any other counsel appointed by the court, the
court in which the criminal case is initially filed or the
juvenile court, whichever is applicable, shall assess, unless the
application fee is waived or reduced, a non-refundable application
fee of twenty-five dollars.
The court shall direct the person to pay the application fee
to the clerk of court. The person shall pay the application fee to
the clerk of court at the time the person files an affidavit of
indigency or a financial disclosure form with the court, a state
public defender, a county or joint county public defender, or any
other counsel appointed by the court or within seven days of that
date. If the person does not pay the application fee within that
seven-day period, the court shall assess the application fee at
sentencing or at the final disposition of the case.
(2) For purposes of this section, a criminal case includes
any case involving a violation of any provision of the Revised
Code or, of an ordinance of a municipal corporation, or of a
resolution of a township for which the potential penalty includes
loss of liberty and includes any contempt proceeding in which a
court may impose a term of imprisonment.
(3) In a juvenile court proceeding, the court shall not
assess the application fee against a child if the court appoints a
guardian ad litem for the child or the court appoints an attorney
to represent the child at the request of a guardian ad litem.
(4) The court shall not assess an application fee for a
postconviction proceeding or when the defendant files an appeal.
(5)(a) Except when the court assesses an application fee
pursuant to division (A)(5)(b) of this section, the court shall
assess an application fee when a person is charged with a
violation of a community control sanction or a violation of a
post-release control sanction.
(b) If a charge of violating a community control sanction or
post-release control sanction described in division (A)(5)(a) of
this section results in a person also being charged with violating
any provision of the Revised Code or, an ordinance of a municipal
corporation, or a resolution of a township, the court shall only
assess an application fee for the case that results from the
additional charge.
(6) If a case is transferred from one court to another court
and the person failed to pay the application fee to the court that
initially assessed the application fee, the court that initially
assessed the fee shall remove the assessment, and the court to
which the case was transferred shall assess the application fee.
(7)
The court shall assess an application fee pursuant to
this section one time per case. For purposes of assessing the
application fee, a case means one complete proceeding or trial
held in one court for a person on an indictment, information,
complaint, petition, citation, writ, motion, or other document
initiating a case that arises out of a single incident or a series
of related incidents, or when one individual is charged with two
or more offenses that the court handles simultaneously. The court
may waive or reduce the fee for a specific person in a specific
case upon a finding that the person lacks financial resources that
are sufficient to pay the fee or that payment of the fee would
result in an undue hardship.
(B) No court, state public defender, county or joint county
public defender, or other counsel appointed by the court shall
deny a person the assistance of counsel solely due to the person's
failure to pay the application fee assessed pursuant to division
(A) of this section. A person's present inability, failure, or
refusal to pay the application fee shall not disqualify that
person from legal representation.
(C) The application fee assessed pursuant to division (A) of
this section is separate from and in addition to any other amount
assessed against a person who is found to be able to contribute
toward the cost of the person's legal representation pursuant to
division (D) of section 2941.51 of the Revised Code.
(D) The clerk of the court that assessed the fees shall
forward all application fees collected pursuant to this section to
the county treasurer for deposit in the county treasury. The
county shall retain eighty per cent of the application fees so
collected to offset the costs of providing legal representation to
indigent persons. Not later than the last day of each month, the
county auditor shall remit twenty per cent of the application fees
so collected in the previous month to the state public defender.
The state public defender shall deposit the remitted fees into the
state treasury to the credit of the client payment fund created
pursuant to division (B)(5) of section 120.04 of the Revised Code.
The state public defender may use that money in accordance with
that section.
(E) On or before the twentieth day of each month beginning in
February of the year 2007, each clerk of court shall provide to
the state public defender a report including all of the following:
(1) The number of persons in the previous month who requested
or were provided a state public defender, county or joint county
public defender, or other counsel appointed by the court;
(2) The number of persons in the previous month for whom the
court waived the application fee pursuant to division (A) of this
section;
(3) The dollar value of the application fees assessed
pursuant to division (A) of this section in the previous month;
(4) The amount of assessed application fees collected in the
previous month;
(5) The balance of unpaid assessed application fees at the
open and close of the previous month.
(F) As used in this section:
(1) "Clerk of court" means the clerk of the court of common
pleas of the county, the clerk of the juvenile court of the
county, the clerk of the domestic relations division of the court
of common pleas of the county, the clerk of the probate court of
the county, the clerk of a municipal court in the county, the
clerk of a county-operated municipal court, or the clerk of a
county court in the county, whichever is applicable.
(2) "County-operated municipal court" has the same meaning as
in section 1901.03 of the Revised Code.
Sec. 309.08. (A) The prosecuting attorney may inquire
into
the commission of crimes within the county. The prosecuting
attorney shall prosecute, on behalf of the state, all complaints,
suits, and controversies in which the state is a party, except
for
those required to be prosecuted by a special prosecutor
pursuant
to section 177.03 of the Revised Code or by the attorney
general
pursuant to section 109.83 of the Revised Code, and
other suits,
matters, and controversies that the prosecuting
attorney is
required to
prosecute within or outside the county, in the probate
court,
court of common pleas, and court of appeals. In conjunction
with
the attorney general, the prosecuting attorney shall
prosecute
in the supreme court cases arising in
the prosecuting
attorney's county, except for
those cases required to be
prosecuted by a special prosecutor
pursuant to section 177.03 of
the Revised Code or by the attorney
general pursuant to section
109.83 of the Revised Code.
In every case of conviction, the prosecuting attorney
forthwith shall cause execution to be issued for the fine and
costs, or costs only, as the case may be, and faithfully shall
urge the collection until it is effected or found to be
impracticable to collect. The prosecuting attorney
forthwith shall
pay to the county
treasurer all moneys belonging to the state or
county which come
into the prosecuting attorney's possession.
The prosecuting attorney or an assistant prosecuting
attorney
of a county may participate, as a member of the
investigatory
staff of an organized crime task force established
under section
177.02 of the Revised Code that has jurisdiction in
that county,
in an investigation of organized criminal activity
under sections
177.01 to 177.03 of the Revised Code.
(B) The prosecuting attorney may pay a reward to a person
who
has volunteered any tip or information to a law enforcement
agency
in the county concerning a drug-related offense that is
planned to
occur, is occurring, or has occurred, in whole or in
part, in the
county. The prosecuting attorney may provide for
the payment, out
of the following sources, of rewards to a person
who has
volunteered tips and information to a law enforcement
agency in
the county concerning a drug-related offense that is
planned to
occur, is occurring, or has occurred, in whole or in
part, in the
county:
(1) The law enforcement trust fund established by the
prosecuting attorney pursuant to division (C)(1) of section
2981.13 of the Revised Code;
(2) The portion of any mandatory fines imposed pursuant to
divisions (B)(1) and (2) of
section 2929.18 or Chapter 2925. of
the Revised Code that is paid to the
prosecuting attorney pursuant
to that division or chapter, the portion of
any additional fines
imposed under division (A) of section 2929.18
of the Revised Code
that is paid to the prosecuting attorney pursuant to that
division, or the portion of any fines imposed pursuant to
division
(A) of section 2925.42 of
the Revised Code that is paid to the
prosecuting attorney
pursuant to division (B) of that section;
(3) The furtherance of justice fund allowed to the
prosecuting attorney under section 325.12 of the Revised Code or
any additional funds allowed to the prosecuting attorney under
section 325.13 of the Revised Code;
(4) Any other moneys lawfully in the possession or control
of
the prosecuting attorney.
(C) As used in division (B) of this section, "drug-related
offense" means any violation of Chapter 2925. or 3719. of the
Revised Code or, any violation of a municipal ordinance that is
substantially equivalent to any section in either of those
chapters, or any violation of a township resolution that is
substantially equivalent to any section in Chapter 2925. of the
Revised Code.
Sec. 341.23. (A) The board of county commissioners of any
county or the legislative authority of any municipal corporation
or township
in which there is no workhouse may agree with the
legislative
authority of any municipal corporation or other
authority having
control of the workhouse of any other city, or
with the directors
of any district of a joint city and county
workhouse or county
workhouse, upon terms on which persons
convicted of a misdemeanor
by any court or magistrate of a county
or, municipal corporation, or township
having no workhouse, may be
received into that workhouse,
under
sentence of the court or
magistrate. The board or
legislative
authority may pay the
expenses incurred under the agreement out
of
the general fund of
that county or, municipal
corporation, or township, upon the
certificate of the proper officer of the workhouse.
(B) The sheriff or other officer transporting any person
to
the workhouse described in division (A) of
this section
shall
receive six cents per mile for the
sheriff or officer, going and
returning, five cents per mile for transporting
the convict, and
five cents per mile, going and coming, for the
service of each
deputy, to be allowed as in cases in which a
person is transported
to a state correctional institution. The
number of miles shall be
computed by the usual routes of travel
and, in state cases, shall
be paid out of the general fund of the
county, on the allowance of
the board, and for the violation of
the ordinances of any
municipal corporation, or resolutions of any township shall be
paid by
that municipal corporation or township
on the order of its
legislative
authority.
(C)
Pursuant to section 2929.37 of the Revised Code,
the
board of county commissioners, the directors of
the district
of a
joint city and county workhouse or county
workhouse, or the
legislative authority of the municipal
corporation may require a
person who was convicted of an offense
and who is confined in a
workhouse
as provided in division (A) of this section, to
reimburse the
county, district, or municipal corporation, as the
case may be,
for its expenses incurred by reason of the person's
confinement.
(D) Notwithstanding any contrary provision in this
section
or
section
2929.18,
2929.28, or
2929.37 of
the
Revised
Code, the
appropriate board of county
commissioners
and
legislative
authorities may include in their
agreement
entered
into under
division (A) of this section a policy
that complies
with section
2929.38 of the Revised Code and that
requires any
person who is
not indigent and who is confined in the
county,
city, district,
or
joint city and county workhouse under
this
section to pay a
reception fee, a fee
for any
medical treatment
or
service
requested by and provided to that
person,
or
the
fee
for a random
drug test assessed under
division
(E) of section
341.26 of the
Revised Code.
(E) If a person who has been convicted of or pleaded
guilty
to an
offense is incarcerated in the workhouse as provided
in
division (A)
of this section,
at the time of reception and at
other times the
person in charge of the operation of the workhouse
determines
to
be appropriate, the person in charge of the
operation of the
workhouse may cause the convicted offender to be
examined and tested
for
tuberculosis, HIV infection, hepatitis,
including but not limited
to hepatitis A, B, and C, and other
contagious
diseases. The
person in charge of the operation of the
workhouse may cause a
convicted offender in the workhouse who
refuses to be tested or
treated
for tuberculosis, HIV infection,
hepatitis, including but not
limited to hepatitis A, B, and C, or
another
contagious disease to
be tested and treated involuntarily.
Sec. 341.33. Imprisonment under the ordinances of a
municipal corporation, in
addition to the manner provided for in
section 1905.35 of the Revised Code,
may be in a county
rehabilitation work camp, provided an agreement for the use
of
such the camp has been entered into between the board of county
commissioners
of the county wherein such the camp is located and
the legislative authority of
such the municipal corporation.
Sec. 503.44. If a board of township trustees has adopted a
resolution under section 503.41 of the Revised Code, it shall
deny
any application for a permit to operate a massage
establishment or
revoke a previously issued permit, for any of
the following
reasons:
(A) Falsification of any of the information required for
the
application or failure to fully complete the application;
(B) Failure to cooperate with any required health or
safety
inspection;
(C) Any one of the persons named on the application is
under
the age of eighteen;
(D) Any one of the persons named on the application has
been
convicted of or pleaded guilty to any violation of Chapter
2907.
of the Revised Code, or any violation of any municipal
ordinance
or township resolution that is substantially equivalent to any
offense
contained in Chapter 2907. of the Revised Code, within
five years
preceding the application;
(E) Any masseur or masseuse massager employed at the licensed
massage establishment has been convicted of or pleaded guilty to
a
violation of division (D) of section 503.42 of the Revised
Code.
Sec. 503.46. If a board of township trustees has adopted a
resolution under section 503.41 of the Revised Code, it shall
deny
the application for a masseur or masseuse massager license
or
revoke
a previously issued license for any of the following
reasons:
(A) Falsification of any of the information required for
the
application or failure to fully complete the application;
(B) The applicant is under the age of twenty-one.
(C) The applicant has been convicted of or pleaded guilty
to
any violation of Chapter 2907. of the Revised Code, or
violation
of any municipal ordinance or township resolution that is
substantially
equivalent to any offense contained in Chapter 2907.
of the
Revised Code, within five years preceding the application.
(D) The applicant has been convicted of or pleaded guilty
to
a violation of division (D) of section 503.42 of the Revised
Code.
Sec. 504.04. (A) A township that adopts a limited
home rule
government may do all of the following by resolution,
provided
that in a township that does not have a community court any of
these resolutions, other than a
resolution to
supply
water or
sewer services in accordance with sections 504.18
to
504.20 of the
Revised
Code, may be enforced only by the imposition
of civil
fines as authorized in
this chapter:
(1) Exercise all powers of local self-government within
the
unincorporated area of the township, other than powers that
are in
conflict with general laws, except that the township shall
comply
with the requirements and prohibitions of this chapter,
and shall
enact no taxes other than those authorized by general
law, and
except that no resolution adopted pursuant to this
chapter shall
encroach upon the powers, duties, and privileges of
elected
township officers or change, alter, combine, eliminate,
or
otherwise modify the form or structure of the township
government
unless the change is required
or permitted by this chapter;
(2) Adopt and enforce within the unincorporated area of
the
township local police, sanitary, and other similar
regulations
that are not in conflict with general laws or
otherwise
prohibited
by division (B) of this section;
(3) Supply water and sewer services to users within the
unincorporated
area of the township in accordance with sections
504.18
to 504.20 of the
Revised Code;
(4) Adopt and enforce within the unincorporated area of the
township any resolution of a type described in section 503.52 or
503.60 of the Revised Code.
(B) No resolution adopted pursuant to this chapter shall do
any of the
following:
(1) Create In a township that does not have a community
court, create a criminal offense or impose criminal
penalties,
except as authorized by division (A) of this
section or by section
503.52 of the Revised Code;
(2) Impose civil fines other than as authorized by this
chapter;
(3) Establish or revise subdivision regulations, road
construction standards, urban
sediment rules, or storm water and
drainage regulations, except as provided in section 504.21 of the
Revised Code;
(4) Establish or revise building standards, building
codes,
and other standard codes except as provided in section
504.13 of
the Revised Code;
(5) Increase, decrease, or otherwise alter the powers or
duties of a township under any other chapter of the Revised Code
pertaining to agriculture or the conservation or
development of
natural resources;
(6) Establish regulations affecting hunting, trapping,
fishing, or the possession, use, or sale of firearms;
(7) Establish or revise water or sewer regulations,
except
in
accordance with section
504.18, 504.19, or 504.21 of the Revised
Code.
Nothing in this chapter shall be construed as affecting the
powers of counties with regard to the subjects listed in
divisions
(B)(3) to (5) of this section.
(C) Under a limited
home rule government, all officers shall
have the
qualifications, and be
nominated, elected, or appointed,
as provided in Chapter 505. of
the Revised Code, except that the
board of township trustees
shall appoint a full-time or part-time
law director pursuant
to section 504.15 of the Revised Code, and
except that
a five-member board of township trustees approved for
the
township before September 26, 2003, shall continue to serve as
the legislative authority with successive members serving for
four-year terms of office until a termination of a limited home
rule government under section 504.03 of the Revised Code.
(D) In case of conflict between resolutions enacted by a
board of township trustees and municipal ordinances or
resolutions, the ordinance or resolution enacted by the municipal
corporation prevails. In case of conflict between resolutions
enacted by a board of township trustees and any county
resolution,
the resolution enacted by the board of township
trustees prevails.
(E) The board of trustees of a township that has a community
court established under division (B) or (C) of section 1905.43 of
the Revised Code may adopt resolutions that create criminal
offenses that are substantially equivalent to offenses contained
in Title XXIX or Title XLV of the Revised Code and that impose
criminal penalties for those offenses to the same extent as the
legislative authority of a municipal corporation. The board of
trustees may not provide for both a criminal penalty and a civil
fine for a violation of a resolution.
Sec. 504.05. The board of township trustees may impose a
civil fine for a
violation of a resolution that is adopted
pursuant to this chapter, and that does not create a criminal
offense and may graduate
the amount of the fine based on the
number of previous violations of the
resolution. No fine shall
exceed one thousand dollars. Any resolution that
imposes a fine
shall clearly state the amount of the fine for the first and
for
subsequent violations.
Sec. 504.06. (A) Peace officers serving the township
pursuant to section 504.16 of the Revised Code may issue
citations
to persons who violate township resolutions that are adopted
pursuant to
this chapter and that are enforced by the imposition
of civil fines. Each
citation shall contain
provisions that:
(1) Advise the person upon whom it is served that the
person
must answer in relation to the violation charged in the
citation
within fourteen days after the citation is served upon
the
person;
(2) Indicate the allowable answers that may be made and
that
the person will be afforded a court hearing if
the
person
denies
in
the person's answer
having committed
the
violation;
(3) Specify that the answer must be made in person or by
mail
to the township
fiscal officer;
(4) Indicate the amount of the fine that arises from the
violation.
(B) A peace officer who issues a citation for a violation
of
a township resolution that is enforced by the imposition of a
civil fine shall complete the citation by
identifying
the
violation charged and by indicating the date,
time, and place
of
the violation charged. The officer shall sign
the citation,
affirm
the facts that it contains, and without
unnecessary delay
file the
original citation with the court
having jurisdiction over
the
violation. A copy of a citation
issued pursuant to this
section
shall be served pursuant to the
Rules of Civil Procedure
upon the
person who violated the
resolution. No peace officer is
entitled
to receive witness fees
in a cause prosecuted under a
township
resolution adopted
pursuant to this chapter.
Sec. 504.08. To enforce a township resolution that is
adopted
under this chapter and that may be enforced by the
imposition of a civil fine, a board of township trustees may
authorize
the township law director to do any of the following:
(A) File for injunctive relief if the violation of the
resolution is a matter of health or safety;
(B) File for a lien upon the property of a violator if the
violation relates to the use of the property and if the violator
has failed to pay a fine imposed pursuant to section 504.07 of
the
Revised Code within ten days after the judgment imposing the
fine
has become final. The unpaid fine shall be entered on the
tax
duplicate and is a lien upon the property from and after the
date
of entry and shall be collected as other taxes, returned to
the
township, and placed in the township general fund.
(C) Take any measure for the collection of an unpaid money
judgment that is authorized by division (D) of section 504.07 of
the Revised Code.
Sec. 504.15. (A) Unless the board of township trustees
acts
as authorized by division (B) of this section, in each
township
that adopts the limited
self-government form of township
government, the board of
township trustees shall appoint a
full-time or part-time township
law director, who shall be an
attorney licensed to practice law
in this state. The board of
township trustees shall set the
salary of the township law
director. The township law director
shall be the legal advisor to
the board of township trustees, the
township administrator, and
all other township officers, and any
of them may require written
opinions or instructions from the
township law director in
matters
connected with their official duties. Subject to division (E) of
section 503.52 of the Revised Code, the township law
director
shall prosecute
and defend all suits and actions that any such
officer or board
directs or to which an officer or board is a
party, and the
township law director shall
prosecute any violation
of a township resolution, as provided in
this chapter. The
township law director shall review all
resolutions as to form
prior to their introduction by a township
trustee. Additional
legal counsel may be employed as provided in
division (B) of
section 309.09 of the Revised Code.
(B) The board of township trustees may enter into a contract
with
the prosecuting attorney of the county to have the
prosecuting attorney serve
as the township law director, with the
consent of the board of county
commissioners.
(C) Nothing in this section confers any of the powers or
duties
of a prosecuting attorney under section 309.08 of the
Revised
Code upon a township law director.
(D) Nothing in this section limits or affects the operation
of division (E) of section 503.52 of the Revised Code.
(E) The township law director of an urban township, or the
prosecuting attorney of the county pursuant to a contract entered
into under division (B) of this section, shall prosecute persons
who violate resolutions that are adopted under section 504.04 of
the Revised Code and that create criminal offenses. If the board
of township trustees of an urban township has not entered into a
contract under division (B) of this section for the prosecution of
persons who violate resolutions that create criminal offenses, the
board may enter into a contract with the chief legal officer of a
municipal corporation with which the township has created a
community court by contract for the prosecution of persons who
violate resolutions that are adopted under section 504.04 of the
Revised Code and that create criminal offenses.
Sec. 705.14. Except as otherwise provided in section
705.53
of the Revised Code, at the first meeting following each
regular
municipal election, the legislative authority of a
municipal
corporation shall elect one of its members as chairman
chairperson
and one other member as vice-chairman
vice-chairperson. The
chairman chairperson shall preside
at meetings of the legislative
authority and perform such any duties as that are
imposed upon him
the chairperson, as presiding officer, by the
legislative
authority. In municipal corporations in which a
municipal court is
not otherwise provided, the chairman shall perform all of the
general duties provided in section
733.30 of the Revised Code,
shall have such jurisdiction as is provided by
section 1905.20 of
the Revised Code, and shall be styled "police
justice" in the
performance of all judicial duties, and in such
style he shall
sign all processes and
judicial records during the time he serves.
He shall keep a docket in which he
shall enter all cases brought
before him. Such docket shall be provided by
and be the property
of the municipal corporation. At the end of
each month, such
police justice shall make a report to the
legislative authority of
all cases brought before him.
When the chairman chairperson of the legislative authority or
police
justice is absent from the municipal corporation, or is
unable to
perform his official duties, or in case of death,
resignation,
or removal, the vice-chairman vice-chairperson shall
act as
chairman chairperson and perform all of the
duties provided
for chairman and police justice the chairperson,
pending any
future meeting of the legislative authority at which it may
select
one of its members, who has been elected as provided in
sections
705.31 and 705.32 of the Revised Code, to become the chairman and
police justice
chairperson for the period of time that such
chairman the chairperson is absent from the municipal corporation,
or is
incapacitated for any cause, or in the event of his death,
resignation,
or removal. The member so selected shall become the
chairman chairperson of the legislative authority and police
justice for the unexpired term.
Sec. 705.55. The powers conferred upon municipal
corporations by the Ohio
Constitution and any additional powers
conferred upon municipal corporations
by the general assembly,
shall be exercised by the council, unless the
exercise of such
powers is expressly conferred upon some other authority of
the
municipal corporation or reserved to the people thereof of the
municipal corporation. In municipal
corporations in which a
municipal court is not provided by law, each
councilman may
perform all of the general duties
of mayors, as provided in
section 733.30
of the Revised Code, and shall have such
jurisdiction as is provided by
section 1905.20 of the Revised
Code. The member of council elected
chairman shall perform all
judicial functions.
Sec. 733.40. Except as otherwise provided in section
4511.193 of the Revised Code, all fines, forfeitures, and costs
in
ordinance cases and all fees
that are collected by the mayor or by
the clerk of the community court of a municipal
corporation,
that
in any manner come into
the mayor's
hands, or
that are due
the
mayor or
a marshal, chief of police, or
other
officer of the
municipal
corporation, any other fees and
expenses
that have been
advanced
out of the treasury of the
municipal
corporation, and
all
money
received by
the mayor
for the use of
the
municipal
corporation shall be paid by
the mayor or by the
clerk of the
community court into
the treasury
of
the
municipal corporation
on
the first
Monday of each month. At
the
first regular meeting
of
the
legislative authority each month,
the
mayor and the clerk of
the community court shall
submit a
full
statement of all money
received, from
whom and for
what
purposes
received, and when paid
into the
treasury. Except as
otherwise
provided by sections
3375.50 to
3375.52 or
4511.19 of
the Revised
Code, all fines, and
forfeitures collected
by the
mayor clerk of the community court
in state
cases,
together with
all fees and expenses
collected
that
have been
advanced out of
the county
treasury, shall be paid
by
the mayor
clerk to
the county
treasury on
the first business
day of each month.
Except as
otherwise
provided by sections
3375.50 to 3375.52 or
4511.19 of
the
Revised Code,
the mayor clerk
of the community court shall pay all court costs and
fees
collected
by the mayor clerk in
state cases
into
the
municipal
treasury
on the first business day of each
month.
This section does not apply to fines collected by a mayor's
clerk of a community court for violations of
division (B) of
section
4513.263 of the
Revised Code, or for
violations of any
municipal ordinance that
is
substantively
comparable to that
division, all of which shall
be
forwarded to
the treasurer of
state as provided in division
(E) of
section
4513.263 of the
Revised Code.
Sec. 733.44. The treasurer of a municipal corporation shall
demand and
receive, from the county treasurer, taxes levied and
assessments made and
certified to the county auditor by the
legislative authority of such the municipal
corporation and placed
on the tax list by such the county auditor for collection, moneys,
from persons authorized to collect or required to pay them,
accruing to the
municipal corporation from any judgments, fines,
penalties, forfeitures,
licenses, costs taxed in mayor's community
court, and debts due the municipal
corporation. Such funds shall
be disbursed by the treasurer on the order of
any person
authorized by law or ordinance to issue orders therefor.
Sec. 733.51. The city director of law shall prepare all
contracts, bonds, and
other instruments in writing in which the
city is concerned, and shall serve
the several directors and
officers provided in Title VII of the Revised Code
as legal
counsel and attorney.
The director of law shall be prosecuting attorney of the
mayor's community court. When
the legislative authority of the
city allows assistants to the director of
law, he the director of
law may designate the assistants to act
as prosecuting attorneys
of the
mayor's community court. The person designated shall be
subject to the approval of the
legislative authority.
Sec. 733.52. The city director of law as prosecuting
attorney of the mayor's
community court shall prosecute all cases
brought before the court, and shall perform the same
duties, as
far as they are applicable thereto to the city director of law, as
required of the prosecuting
attorney of the county.
The director of law or the assistants whom he the director of
law designates to act as prosecuting
attorneys of the mayor's
community court shall receive such the compensation for the
service
provided by this section as that the legislative authority
of the city prescribes,
and such any additional compensation as
that the board of county commissioners allows.
Sec. 1905.29 737.34. (A) The mayor of a municipal
corporation has within the corporate limits all the powers
conferred upon sheriffs to suppress disorder and keep the peace.
(B) The mayor of a municipal corporation, and, in his the
mayor's absence, the
president of the legislative authority of the
municipal corporation, may grant
to officials of adjoining or
contiguous townships the temporary use of the
municipal
corporation prison, station house, or watchhouse to confine
criminals or other persons dangerous to the peace of the
community, until
they can be safety safely removed to the county
jail, or other place of
security.
Sec. 743.14. All ordinances, except those relative to
taxation or assessment,
resolutions, rules, and regulations
relative to the construction, maintenance,
and operation of water
works, mains, hydrants, and service pipes and
connections, and the
protection thereof of water works, mains, hydrants, and service
pipes and connections, shall operate in a similar manner in
the
territory outside the municipal corporation when the extensions
mentioned
in sections 743.12 and 743.13 of the Revised Code have
been made, and for the
enforcement thereof the jurisdiction of the
mayor community court, if the municipal corporation has a
community court, and police shall extend into
and over such
territory.
Sec. 753.02. (A) The legislative authority of a municipal
corporation shall provide by ordinance for sustaining all persons
sentenced to or confined in a prison or station house at the
expense of the municipal corporation, and in counties where
prisons or station houses are in quarters leased from the board
of
county commissioners, may contract with the board for the care
and
maintenance of those persons by the sheriff or other
person
charged with the care and maintenance of county prisoners. On
the
presentation of bills for food, sustenance, and necessary
supplies, to the proper officer, certified by the person
whom the
legislative authority designates, the officer shall
audit the
bills under the rules prescribed by the legislative authority,
and
draw the officer's order on the treasurer of the municipal
corporation in favor of the person presenting the bill.
(B)
Pursuant to section 2929.37 of the Revised Code,
the
legislative authority of the municipal corporation
may require
a
person who was convicted of an offense and who is confined in a
prison or station house as provided in division (A) of this
section, or a
person who was convicted of an offense
and who is
confined in the county jail as provided in division (A) of section
1905.35 1905.57 of the
Revised Code, to reimburse the municipal
corporation for its
expenses incurred by reason of the person's
confinement.
(C) Notwithstanding any contrary provision in this
section
or
section
2929.18,
2929.28, or
2929.37 of
the
Revised
Code, the
legislative authority of the
municipal
corporation may
establish a
policy
that complies with
section
2929.38 of the
Revised Code and
that requires any person
who is
not indigent and
who is confined
in a prison or station
house to
pay a
reception
fee, a fee for any
medical
treatment or service
requested by and
provided to that
person, or
the fee for a
random
drug test
assessed
under
division
(E)
of section 753.33 of
the
Revised Code.
(D) If a person who has been convicted of or pleaded
guilty
to an
offense is sentenced to a term of imprisonment in a
prison
or station house as
described in division (A) of this
section, or
if a person who has
been arrested for an offense, and
who has been
denied bail or has had bail set
and has not been
released on bail
is confined in a prison or station house as
described in division
(A) of this section pending trial,
at the
time of reception and at
other times
the
person in charge of the
operation of the prison or
station house determines to
be
appropriate, the person in charge
of the operation of the
prison
or station house may cause the
convicted or accused offender to be
examined and tested for
tuberculosis, HIV infection, hepatitis,
including, but not
limited
to, hepatitis A, B, and C, and other
contagious
diseases. The
person in charge of the operation of the
prison or station house
may cause a
convicted or accused offender
in the prison or station
house who refuses to be
tested or treated
for tuberculosis, HIV
infection, hepatitis, including, but not
limited to, hepatitis A,
B, and C, or another
contagious disease
to be tested and treated
involuntarily.
Sec. 753.021. (A) For each person
who is confined
in a
prison or station house as provided in
section 753.02 of the
Revised Code
or in a county jail as provided in division (A) of
section 1905.35 1905.57 of the
Revised Code,
the municipal
corporation may make a determination as to whether the person is
covered under a health insurance or health care policy, contract,
or plan and,
if the person has such coverage, what terms and
conditions are imposed by it
for the filing and payment of claims.
(B) If, pursuant to division
(A) of this section, it is
determined that the
person is covered under a policy, contract, or
plan and, while that coverage
is
in force, the prison, station
house, or county jail renders or arranges for
the rendering
of
health care services to the person, in accordance with the terms
and
conditions of the policy, contract, or plan, then the person,
municipal
corporation,
or
provider of the health care services, as
appropriate under the terms and
conditions
of the policy,
contract, or plan, shall promptly submit a claim for payment
for
the health care services to the appropriate third-party payer and
shall
designate, or make any other arrangement necessary to
ensure, that payment of
any amount due on the claim be made to the
municipal corporation or the
provider, as the case may be.
(C) Any payment made to the municipal
corporation pursuant to
division (B) of this
section shall be paid into the treasury of
the municipal corporation.
(D) This section also
applies to any person who is under the
custody of a
law enforcement officer, as defined in section
2901.01 of the
Revised Code, prior to the person's confinement in
the
prison, station house, or county jail.
Sec. 753.04. (A) When a person over sixteen years of age
is
convicted of an offense under the law of this state or an
ordinance of a municipal corporation, and the tribunal before
which the conviction is had is authorized by law to commit the
offender to the county jail or municipal corporation prison, the
court, mayor, or judge of the county court, as the case may be,
may sentence the offender to a workhouse.
When a commitment is made from a municipal corporation or
township in the county, other than in a municipal corporation
having a workhouse, the legislative authority of the municipal
corporation or the board of township trustees shall transmit with
the mittimus a sum of money equal to not less than seventy cents
per day for the time of the commitment, to be placed in the hands
of the superintendent of a workhouse for the care and maintenance
of the prisoner.
(B)
Pursuant to section 2929.37 of the Revised Code,
the
legislative authority of the municipal corporation
or the
board of
township trustees may require a person who is
convicted
of an
offense and who is
confined in a workhouse as provided in
division
(A) of this
section, to reimburse the municipal
corporation or the
township,
as the case may be, for its expenses
incurred by reason
of
the person's confinement.
(C) Notwithstanding any contrary provision in this
section
or
section
2929.18,
2929.28, or
2929.37 of
the
Revised
Code, the
legislative authority of the
municipal
corporation or
board of
township trustees may establish
a policy
that complies
with
section 2929.38 of the Revised Code
and
that
requires any
person
who is not indigent and who is
confined
in the
workhouse
under
division (A) of this section to
pay a
reception
fee, a fee
for any
medical treatment or
service requested by
and
provided to
that
person, or
the
fee for a random drug
test
assessed under
division
(E) of
section
753.33 of the Revised
Code.
(D) If a person who has been convicted of or pleaded
guilty
to an
offense is incarcerated in a workhouse or if a person
who
has been arrested
for an offense, and who has not been denied
bail
or has had bail set and has
not been released on bail is
confined
in a workhouse pending trial,
at the time of reception
and at
other times
the
person in charge of the operation of the
workhouse
determines to
be appropriate, the person in charge of
the
operation of the
workhouse may cause the convicted or accused
offender to be examined and
tested
for
tuberculosis, HIV
infection, hepatitis, including, but not
limited to, hepatitis A,
B, and C, and other contagious
diseases. The
person in charge of
the operation of the workhouse may cause a
convicted or accused
offender in the workhouse who refuses to be tested or
treated for
tuberculosis, HIV infection, hepatitis, including,
but not limited
to, hepatitis A, B, and C, or another
contagious disease to
be
tested and treated involuntarily.
Sec. 753.08. The officer having the execution of the final
sentence of a
court, magistrate, or mayor shall cause the
convicted person to be conveyed to
the workhouse as soon as
practicable after the sentence is pronounced, and all
officers
shall be paid the fees therefor for so conveying the convicted
person allowed by law for similar services
in other cases. Such
fees shall be paid, when the sentence is by the court,
from the
county treasury or, and when by if the magistrate court is the
community court of a township, from the township
treasury.
Sec. 925.31. Judges of the county courts, mayors,
municipal
courts, and courts of common pleas and magistrates of the
community courts have jurisdiction in
sections 925.21 to 925.32,
inclusive, of the Revised Code. The
director of agriculture and
such any other employees of the
department of agriculture as he
that the director designates, police
officers, constables,
sheriffs, and deputy sheriffs shall enforce such those sections.
Certificates of inspection issued by authorized inspectors of the
department or a sample of a container, label, invoice, bill of
lading, or any other written matter pertaining to a specific
container of any fruit or vegetable which that does not comply
with
sections 925.21 to 925.32, inclusive, of the Revised Code,
are
prima-facie evidence of the facts contained therein in any of
said courts when properly identified by the testimony of an agent
of the director.
Sec. 955.99. (A)(1) Whoever violates division (E) of
section
955.11 of the Revised Code because of a failure to comply
with
division (B) of that section is guilty of a minor
misdemeanor.
(2) Whoever violates division (E) of section 955.11 of the
Revised Code because of a failure to comply with division (C) or
(D) of that section is guilty of a minor misdemeanor on a first
offense and of a misdemeanor of the fourth degree on each
subsequent offense.
(B) Whoever violates section 955.10, 955.23, 955.24, or
955.25 of the Revised Code is guilty of a minor misdemeanor.
(C) Whoever violates section 955.261, 955.39, or 955.50 of
the Revised Code is guilty of a minor misdemeanor on a first
offense and of a misdemeanor of the fourth degree on each
subsequent offense.
(D) Whoever violates division (F) of section 955.16 or
division (B) of section 955.43 of the Revised Code is guilty of a
misdemeanor of the fourth degree.
(E)(1) Whoever violates section 955.21 or division (B) or
(C)
of section 955.22 of the Revised Code shall be fined not less
than
twenty-five dollars or more than one hundred dollars is guilty of
a minor misdemeanor on a
first
offense, and of a misdemeanor of
the fourth degree on each subsequent offense shall be fined not
less
than seventy-five dollars or more than two hundred fifty
dollars
and may be imprisoned for not more than thirty days.
(2) In addition to the penalties prescribed in division
(E)(1) of this section, if the offender is guilty of a violation
of division (B) or (C) of section 955.22 of the Revised Code, the
court may order the offender to personally supervise the dog that
the offender owns, keeps, or harbors, to cause that dog to
complete dog obedience training, or to do both.
(F) If a violation of division (D) of section 955.22 of
the
Revised Code involves a dangerous dog, whoever violates that
division is guilty of a misdemeanor of the fourth degree on a
first offense and of a misdemeanor of the third degree on each
subsequent offense. Additionally, the court may order the
offender
to personally supervise the dangerous dog that the
offender owns,
keeps, or harbors, to cause that dog to complete dog
obedience
training, or to do both, and the court may order the offender to
obtain liability insurance pursuant to division (E) of section
955.22 of the Revised Code. The court, in the alternative, may
order the dangerous dog to be humanely destroyed by a licensed
veterinarian, the county dog warden, or the county humane
society.
(G) If a violation of division (D) of section 955.22 of
the
Revised Code involves a vicious dog, whoever violates that
division is guilty of one of the following:
(1) A felony of the fourth degree on a first or subsequent
offense if the dog kills or seriously injures a person.
Additionally, the court shall order that the vicious dog be
humanely destroyed by a licensed veterinarian, the county dog
warden, or the county humane society.
(2) A misdemeanor of the first degree on a first offense
and
a felony of the fourth degree on each subsequent offense.
Additionally, the court may order the vicious dog to be humanely
destroyed by a licensed veterinarian, the county dog warden, or
the county humane society.
(3) A misdemeanor of the first degree if the dog causes
injury, other than killing or serious injury, to any person.
(H) Whoever violates division (A)(2) of section 955.01 or
division (E) of section 955.22 of the Revised Code is guilty of a
misdemeanor of the first degree.
(I) Whoever violates division (C) of section 955.221 of
the
Revised Code is guilty of a minor misdemeanor. Each day of
continued violation constitutes a separate offense. Fines levied
and
collected for violations of that division shall be distributed
by the
mayor or clerk of
the community, municipal, or county court
in accordance with section 733.40,
division (F) of section
1901.31, or division (C) of section
1907.20 of the Revised Code to
the treasury of the county,
township, or municipal corporation
whose resolution or ordinance
was violated.
(J) Whoever violates division (F)(1), (2), or (3) of
section
955.22 of the Revised Code is guilty of a felony of the fourth
degree.
Additionally, the court
shall order that the vicious dog
be humanely destroyed by a
licensed veterinarian, the county dog
warden, or the county humane
society.
Sec. 1901.021. (A) The judge or judges of any municipal
court established under division (A) of section 1901.01 of the
Revised Code
having territorial jurisdiction outside the corporate
limits of the municipal corporation in which it is located may
sit
outside the corporate limits of the municipal corporation
within
the area of its territorial jurisdiction.
(B) Two or more of the judges of the Hamilton county
municipal court shall be assigned by the presiding judge of the
court to sit outside the municipal corporation of Cincinnati.
(C) Two of the judges of the Portage county municipal
court
shall sit within the municipal corporation of Ravenna, and
one of
the judges shall sit within the municipal corporation of
Kent.
The
judges may sit in other incorporated areas of Portage
county.
(D) One of the judges of the Wayne county municipal court
shall sit within the municipal corporation of Wooster, and one
shall sit within the municipal corporation of Orrville. Both
judges may sit in other incorporated areas of Wayne county.
(E) The judge of the Auglaize county municipal court shall
sit within the municipal corporations of Wapakoneta and St. Marys
and may sit in other incorporated areas in Auglaize county.
(F) At least one of the judges of the Miami county
municipal
court shall sit within the municipal corporations of
Troy, Piqua,
and Tipp City, and the judges may sit in other
incorporated areas
of Miami county.
(G) The judge of the Crawford county municipal court shall
sit within the municipal corporations of Bucyrus and Galion and
may sit in other incorporated areas in Crawford county.
(H) The judge of the Jackson county municipal court shall
sit
within the municipal corporations of Jackson and Wellston and
may
sit in other incorporated areas in Jackson county.
(I) Each judge of the Columbiana county municipal court may
sit
within the municipal corporation of Lisbon, Salem, or
East
Palestine until the judges jointly select a central
location
within the territorial jurisdiction of the court. When the judges
select a central location, the judges shall sit at that location.
(J) In any municipal court, other than the Hamilton county
municipal court, that has more than one judge, the decision for
one or more judges to sit outside the corporate limits of the
municipal corporation shall be made by rule of the court as
provided in division (C) of sections 1901.14 and 1901.16 of the
Revised Code.
(K) The assignment of a judge to sit in a municipal
corporation other than that in which the court is located does
not
affect the jurisdiction of the mayor except as provided in
section
1905.01 of the Revised Code community court, if any, in that
municipal corporation.
(L) The judges of the Clermont county municipal court
may
sit
in any municipal corporation or unincorporated territory
within
Clermont county.
Sec. 1901.024. (A) The board of county commissioners of
Hamilton county shall pay all of the costs of operation of the
Hamilton county municipal court. Subject to division (F)(2) of
section 1901.31 and to sections 3375.50,
3375.53,
4511.19,
4511.193,
and 5503.04 of the
Revised
Code and
to any other section
of the Revised Code that requires a
specific
manner of
disbursement of any moneys received by a
municipal
court, the
county shall receive all of the costs, fees,
and other
moneys,
except fines collected for violations of
municipal
ordinances and
for violations of township resolutions
adopted
pursuant to Chapter
504. of the Revised Code, that are
received
by
the Hamilton county
municipal court and shall receive
fifty
per
cent of all of the
fines for violations of municipal
ordinances
and for violations of
township resolutions adopted
pursuant to
Chapter 504. of the
Revised Code that are received by
the court.
(B) The board of county commissioners of Lawrence county
shall pay all of the costs of operation of the Lawrence county
municipal court. Subject to division (F)(2) of section 1901.31 and
to sections 3375.50, 3375.53,
4511.19,
4511.193,
and 5503.04 of
the Revised Code
and to any
other
section
of the Revised Code that
requires a specific manner
of
disbursement of any moneys received
by a municipal court, the
county shall receive all of the costs,
fees, and other moneys,
except fines collected for violations of
municipal ordinances and
for violations of township resolutions
adopted pursuant to
Chapter
504. of the Revised Code, that are
received by the
Lawrence county
municipal court and shall receive
fifty per cent
of all of the
fines for violations of municipal
ordinances and
for violations of
township resolutions adopted
pursuant to
Chapter 504. of the
Revised Code that are received by
the court.
(C) The board of county commissioners of Ottawa county shall
pay all of the
costs of operation of the Ottawa county municipal
court. Subject to division (F)(2) of section 1901.31 and to
sections
3375.50, 3375.53,
4511.19, 4511.193,
and 5503.04 of
the
Revised Code and to
any other section
of the
Revised Code that
requires a specific manner of
disbursement of
any moneys received
by a municipal court, the
county shall
receive
all of the costs,
fees, and other moneys,
except fines collected
for
violations of
municipal ordinances and
for violations of
township resolutions
adopted pursuant to Chapter
504. of the
Revised Code, that are
received by the
Ottawa county
municipal
court and shall receive
fifty per cent of all of the
fines for
violations of municipal
ordinances and for violations of
township
resolutions adopted
pursuant to Chapter 504. of the
Revised Code
that are
received by
the court.
(D) The board of county commissioners of a county in which
a
county-operated municipal court is located shall pay all of the
costs of operation of the municipal court. The county in which a
county-operated municipal court that is not subject to division
(A), (B), or (C) of this section is located shall receive all of
the
costs, fees, and other moneys, except fines collected for
violations of municipal ordinances and for violations of township
resolutions adopted pursuant to Chapter 504. of the Revised Code
and except as provided in division (F)(2) of section 1901.31 and
sections 3375.50, 3375.53, and 5503.04
of the Revised Code and in
any other section of the Revised Code
that requires a specific
manner of disbursement of any moneys
received by a municipal
court, that are received by the court.
Sec. 1901.026. (A) The current operating costs of a
municipal court, other than a county-operated municipal court,
that has territorial jurisdiction under section 1901.02 or
1901.182 of the Revised Code that extends beyond the corporate
limits of the municipal corporation in which the court is located
shall be apportioned pursuant to this section among all of the
municipal corporations and townships that are within the
territory
of the court. Each municipal corporation and each
township within
the territory of the municipal court shall be
assigned a
proportionate share of the current operating costs of
the
municipal court that is equal to the percentage of the total
criminal and civil caseload of the municipal court that arose in
that municipal corporation or township. Each municipal
corporation
and each township then shall be liable for its
assigned
proportionate share of the current operating costs of
the court,
subject to division (B) of this section.
For purposes of this section, the criminal and civil
caseload
that arose in a municipal corporation or township is the
total
number of criminal cases filed in the municipal court
during the
preceding calendar year that arose out of offenses
that occurred
in the municipal corporation or township and the
total number of
civil cases filed in the municipal court during
the preceding
calendar year in which the address of the majority
of the
defendants that are designated in the caption of the case
and that
have addresses within municipal corporations or
townships within
the territory of the court is within the
municipal corporation or
township or, if there is no majority of
such defendants, in which
the address of the first such defendant
is within the municipal
corporation or township. In determining the caseload that arose in
a municipal corporation that had a legally functioning mayor's
court from January 1, 2008, through December 31, 2008, and that
does not have a community court, the cases that could have been
heard in the mayor's court had that court not been abolished shall
be excluded.
(B) A municipal corporation or township within the
territory
of a municipal court is not required to pay that part
of its
proportionate share of the current operating costs of the
court,
as determined in accordance with division (A) of this
section,
that exceeds the total amount of costs, fees, fines,
bail, or
other moneys that was disbursed by the clerk of the
court under
division (F) of section 1901.31 of the Revised Code,
to the
municipal corporation or township during the period for
which its
proportionate share of the current operating costs was
determined.
The municipal corporation in which the court is
located is liable,
in addition to its proportionate share, for
any part of the
proportionate share of a municipal corporation or
township that
the municipal corporation or township is not
required to pay under
this division.
(C) The auditors or chief fiscal officers of each of the
municipal corporations and townships within the territory of a
municipal court for which the current operating costs are
apportioned under this section shall meet not less than once each
six months at the office of the auditor or chief fiscal officer
of
the municipal corporation in which the court is located to
determine the proportionate share due from each municipal
corporation and each township, to determine whether any municipal
corporation or township is not required to pay any part of its
proportionate share under division (B) of this section, and to
adjust accounts. The meetings shall be held at the direction of
the auditor or chief fiscal officer of the municipal corporation
in which the court is located, and the auditor or chief fiscal
officer shall preside at the
meetings. The proportionate share of
each of the municipal
corporations and townships, as reduced or
increased in accordance
with division (B) of this section, is
payable from the general
fund of the municipal corporation or
township or from any other
fund designated or funds appropriated
for the purpose of paying
the particular municipal corporation's
or township's
proportionate share of the current operating costs
of the court.
The court of common pleas of the county in which a
municipal
court for which the current operating costs are
apportioned under
this section is located has jurisdiction over
any civil action
that is commenced to determine the current
operating costs of the
court, the proportionate share of the
current operating costs to
be paid by a particular municipal
corporation or township within
the territory of the court, or
whether a municipal corporation or
township is not required to
pay any part of its proportionate
share under division (B) of
this section.
(D) For purposes of this section:
(1) "Operating costs" means the figure that is derived by
subtracting the total of all costs that are collected and paid to
the city treasury by the clerk of the municipal court pursuant to
division (F) of section 1901.31 of the Revised Code and all
interest received and paid to the city treasury in relation to
the
costs pursuant to division (G) of section 1901.31 of the
Revised
Code from the total of the amounts payable from the city
treasury
for the operation of the court pursuant to sections
1901.10,
1901.11, 1901.111, 1901.12, 1901.31, 1901.311, 1901.312,
1901.32,
1901.33, 1901.331, 1901.36, 1901.37, and 1901.38 of the
Revised
Code, other than any amounts payable from the city
treasury for
the operation of the court involving construction,
capital
improvements, rent, or the provision of heat and light.
(2) "Township" means a township that has adopted a
limited
home rule government pursuant to
Chapter 504. of the Revised Code.
(3) "Criminal caseload" when used in regard to a township
means cases arising from a violation of a township resolution for
which a fine is imposed under Chapter 504. of the Revised Code.
Sec. 1901.04. Upon the institution of a municipal court
other than the Brown county municipal court or the Morrow county
municipal court,
the jurisdiction of the mayor community court, if
one exists, in all civil and
criminal causes
terminates within the
municipal corporation in
which the
municipal court is located.
The
institution of
the Brown county municipal court or the Morrow
county municipal
court does not terminate or affect the
jurisdiction of the mayor
of Georgetown or the mayor of Mount
Gilead, respectively, in any
civil or criminal cause. Upon the
institution of either court, the
mayor of Georgetown and the mayor
of Mount Gilead retain
jurisdiction in causes as described in
section 1905.01 of the
Revised Code. Those mayors shall exercise
that jurisdiction
concurrently with the municipal court. Upon the
institution of a
municipal court, all mayors
community courts of
municipal corporations within the
territory
other than the
municipal corporation in which the court
is located may retain any
jurisdiction that is now provided in all
criminal causes involving
violation of ordinances of their
respective municipal corporations
and in all criminal causes
involving moving traffic violations
occurring on state highways
located within their respective
municipal corporations, to be
exercised concurrently with the
municipal court.
Upon the institution of a municipal court, the jurisdiction
of county courts in all civil and criminal causes terminates in
any township or municipal corporation that is entirely within the
territory.
Upon the institution of a municipal court, all causes,
judgments, executions, and proceedings then pending in community
courts of
mayors and county courts within the territory as to
which their
jurisdiction is terminated
by this section shall
proceed in the
municipal court
as if originally instituted in the
municipal
court. The parties
may make any amendments to their
pleadings
that are required to
conform to the rules of the
municipal court.
In all cases over which the municipal court is given
jurisdiction and for which the jurisdiction of county courts and
the community courts of mayors is terminated by
this section upon
the
institution of the
municipal court, the pleadings, orders,
entries, dockets, bonds,
papers, records, books, exhibits, files,
moneys, property, and
persons that belong to, are in the
possession of, or are subject
to the jurisdiction of the community
courts of
mayors or county courts or
any officer of either court
and that
are in any municipal
corporation or township which that
is entirely
within the territory of
a municipal court shall be
transferred by
their custodian to the
municipal court. If a part
of any township
that was within the
jurisdiction of a county court
is included
within the territory
of a municipal court, all
pleadings, orders,
entries, dockets,
bonds, papers, records,
books, exhibits, files,
moneys, property,
and persons that belong
to, are in the
possession of, or are
subject to the jurisdiction
of the county
court or any officer of
the county court and that
pertain to
causes, judgments,
executions, and proceedings then
pending in the
county court and
arising from the court's
jurisdiction in that
part of the
township within the territory of
the municipal court
shall be
transferred by their custodian to the
municipal court.
The termination of a municipal court reinstates the
jurisdiction of the mayor of the municipal corporation in which
the terminated municipal court was located, if the jurisdiction of
the mayor was terminated by this section.
Sec. 1901.08. The number of, and the time for election of,
judges of the following municipal courts and the beginning of
their terms shall be as follows:
In the Akron municipal court, two full-time judges shall be
elected in 1951, two full-time judges shall be elected in 1953,
one full-time judge shall be elected in 1967, and one full-time
judge shall be elected in 1975.
In the Alliance municipal court, one full-time judge shall be
elected in 1953.
In the Ashland municipal court, one full-time judge shall be
elected in 1951.
In the Ashtabula municipal court, one full-time judge shall
be elected in 1953.
In the Athens county municipal court, one full-time judge
shall be elected in 1967.
In the Auglaize county municipal court, one full-time judge
shall be elected in 1975.
In the Avon Lake municipal court, one part-time judge shall
be elected in 1957.
In the Barberton municipal court, one full-time judge shall
be elected in 1969, and one full-time judge shall be elected in
1971.
In the Bedford municipal court, one full-time judge shall be
elected in 1975, and one full-time judge shall be elected in 1979.
In the Bellefontaine municipal court, one full-time judge
shall be elected in 1993.
In the Bellevue municipal court, one part-time judge shall be
elected in 1951.
In the Berea municipal court, one full-time judge shall be
elected in 2005.
In the Bowling Green municipal court, one full-time judge
shall be elected in 1983.
In the Brown county municipal court, one full-time judge
shall be elected in 2005. Beginning February 9, 2003, the
part-time judge of the Brown county county court that existed
prior to that date whose term commenced on January 2, 2001, shall
serve
as the full-time judge of the Brown
county municipal court
until
December 31, 2005.
In the Bryan municipal court, one full-time judge shall be
elected in 1965.
In the Cambridge municipal court, one full-time judge shall
be elected in 1951.
In the Campbell municipal court, one part-time judge shall be
elected in 1963.
In the Canton municipal court, one full-time judge shall be
elected in 1951, one full-time judge shall be elected in 1969, and
two full-time judges shall be elected in 1977.
In the Carroll county municipal court, one full-time judge
shall be elected in 2009. Beginning January 1, 2007, the judge
elected in 2006 to the part-time judgeship of the Carroll county
county court that existed prior to that date shall serve as the
full-time judge of the Carroll county municipal court until
December 31, 2009.
In the Celina municipal court, one full-time judge shall be
elected in 1957.
In the Champaign county municipal court, one full-time judge
shall be elected in 2001.
In the Chardon municipal court, one part-time full-time judge
shall be
elected in 1963 2011. On and after January 1, 2008, the
part-time judge of the Chardon municipal court who was elected in
2005 shall serve as the full-time judge of the court until the end
of that judge's term on December 31, 2011.
In the Chillicothe municipal court, one full-time judge shall
be elected in 1951, and one full-time judge shall be elected in
1977.
In the Circleville municipal court, one full-time judge shall
be elected in 1953.
In the Clark county municipal court, one full-time judge
shall be elected in 1989, and two full-time judges shall be
elected in 1991. The full-time judges of the Springfield
municipal
court who were elected in 1983 and 1985 shall serve as
the judges
of the Clark county municipal court from January 1,
1988, until
the end of their respective terms.
In the Clermont county municipal court, two full-time judges
shall be elected in 1991, and one full-time judge shall be elected
in 1999.
In the Cleveland municipal court, six full-time judges shall
be elected in 1975, three full-time judges shall be elected in
1953, and four full-time judges shall be elected in 1955.
In the Cleveland Heights municipal court, one full-time judge
shall be elected in 1957.
In the Clinton county municipal court, one full-time judge
shall be elected in 1997. The full-time judge of the Wilmington
municipal court who was elected in 1991 shall serve as the judge
of the Clinton county municipal court from July 1, 1992, until the
end of that judge's term on December 31, 1997.
In the Columbiana county municipal court, two full-time
judges shall be elected in 2001.
In the Conneaut municipal court, one full-time judge shall be
elected in 1953.
In the Coshocton municipal court, one full-time judge shall
be elected in 1951.
In the Crawford county municipal court, one full-time judge
shall be elected in 1977.
In the Cuyahoga Falls municipal court, one full-time judge
shall be elected in 1953, and one full-time judge shall be elected
in 1967. Effective December 31, 2008, the Cuyahoga Falls municipal
court shall cease to exist; however, the judges of the Cuyahoga
Falls municipal court who were elected pursuant to this section in
2003 and 2007 for terms beginning on January 1, 2004, and January
1, 2008, respectively, shall serve as full-time judges of the Stow
municipal court until December 31, 2009, and December 31, 2013,
respectively.
In the Darke county municipal court, one full-time judge
shall be elected in 2005. Beginning January 1, 2005, the part-time
judge of the Darke county county court that existed prior to that
date whose term began on January 1, 2001, shall serve as the
full-time judge of the Darke county municipal court until December
31, 2005.
In the Dayton municipal court, three full-time judges shall
be elected in 1987, their terms to commence on successive days
beginning on the first day of January next after their election,
and two full-time judges shall be elected in 1955, their terms to
commence on successive days beginning on the second day of January
next after their election.
In the Defiance municipal court, one full-time judge shall be
elected in 1957.
In the Delaware municipal court, one full-time judge shall be
elected in 1953, and one full-time judge shall be elected in 2007.
In the East Cleveland municipal court, one full-time judge
shall be elected in 1957.
In the East Liverpool municipal court, one full-time judge
shall be elected in 1953.
In the Eaton municipal court, one full-time judge shall be
elected in 1973.
In the Elyria municipal court, one full-time judge shall be
elected in 1955, and one full-time judge shall be elected in 1973.
In the Erie county municipal court, one full-time judge shall
be elected in 2007.
In the Euclid municipal court, one full-time judge shall be
elected in 1951.
In the Fairborn municipal court, one full-time judge shall be
elected in 1977.
In the Fairfield county municipal court, one full-time judge
shall be elected in 2003, and one full-time judge shall be elected
in 2005.
In the Fairfield municipal court, one full-time judge shall
be elected in 1989.
In the Findlay municipal court, one full-time judge shall be
elected in 1955, and one full-time judge shall be elected in 1993.
In the Fostoria municipal court, one full-time judge shall be
elected in 1975.
In the Franklin municipal court, one part-time judge shall be
elected in 1951.
In the Franklin county municipal court, two full-time judges
shall be elected in 1969, three full-time judges shall be elected
in 1971, seven full-time judges shall be elected in 1967, one
full-time judge shall be elected in 1975, one full-time judge
shall be elected in 1991, and one full-time judge shall be elected
in 1997.
In the Fremont municipal court, one full-time judge shall be
elected in 1975.
In the Gallipolis municipal court, one full-time judge shall
be elected in 1981.
In the Garfield Heights municipal court, one full-time judge
shall be elected in 1951, and one full-time judge shall be elected
in 1981.
In the Girard municipal court, one full-time judge shall be
elected in 1963.
In the Hamilton municipal court, one full-time judge shall be
elected in 1953.
In the Hamilton county municipal court, five full-time judges
shall be elected in 1967, five full-time judges shall be elected
in 1971, two full-time judges shall be elected in 1981, and two
full-time judges shall be elected in 1983. All terms of judges of
the Hamilton county municipal court shall commence on the first
day of January next after their election, except that the terms of
the additional judges to be elected in 1981 shall commence on
January 2, 1982, and January 3, 1982, and that the terms of the
additional judges to be elected in 1983 shall commence on January
4, 1984, and January 5, 1984.
In the Hardin county municipal court, one part-time judge
shall be elected in 1989.
In the Hillsboro municipal court, one part-time judge shall
be elected in 1957.
In the Hocking county municipal court, one full-time judge
shall be elected in 1977.
In the Holmes county municipal court, one full-time judge
shall be elected in 2007. Beginning January 1, 2007, the part-time
judge of the Holmes county county court that existed prior to that
date whose term commenced on January 1, 2007, shall serve as the
full-time judge of the Holmes county municipal court until
December 31, 2007.
In the Huron municipal court, one part-time judge shall be
elected in 1967.
In the Ironton municipal court, one full-time judge shall be
elected in 1951.
In the Jackson county municipal court, one full-time judge
shall be elected in 2001. On and after March 31, 1997, the
part-time judge of the Jackson county municipal court who was
elected in 1995 shall serve as a full-time judge of the court
until the end of that judge's term on December 31, 2001.
In the Kettering municipal court, one full-time judge shall
be elected in 1971, and one full-time judge shall be elected in
1975.
In the Lakewood municipal court, one full-time judge shall be
elected in 1955.
In the Lancaster municipal court, one full-time judge shall
be elected in 1951, and one full-time judge shall be elected in
1979. Beginning January 2, 2000, the full-time judges of the
Lancaster municipal court who were elected in 1997 and 1999 shall
serve as judges of the Fairfield county municipal court until the
end of those judges' terms.
In the Lawrence county municipal court, one part-time judge
shall be elected in 1981.
In the Lebanon municipal court, one part-time judge shall be
elected in 1955.
In the Licking county municipal court, one full-time judge
shall be elected in 1951, and one full-time judge shall be elected
in 1971.
In the Lima municipal court, one full-time judge shall be
elected in 1951, and one full-time judge shall be elected in 1967.
In the Lorain municipal court, one full-time judge shall be
elected in 1953, and one full-time judge shall be elected in 1973.
In the Lyndhurst municipal court, one part-time full-time
judge shall
be elected in 1957 2011. On and after January 1, 2008,
the part-time judge of the Lyndhurst municipal court who was
elected in 2005 shall serve as the full-time judge of the court
until the end of that judge's term on December 31, 2011.
In the Madison county municipal court, one full-time judge
shall be elected in 1981.
In the Mansfield municipal court, one full-time judge shall
be elected in 1951, and one full-time judge shall be elected in
1969.
In the Marietta municipal court, one full-time judge shall be
elected in 1957.
In the Marion municipal court, one full-time judge shall be
elected in 1951.
In the Marysville municipal court, one full-time judge shall
be elected in 2011. On and after January 18, 2007, the part-time
judge of the Marysville municipal court who was elected in 2005
shall serve as a full-time judge of the court until the end of
that judge's term on December 31, 2011.
In the Mason municipal court, one part-time judge shall be
elected in 1965.
In the Massillon municipal court, one full-time judge shall
be elected in 1953, and one full-time judge shall be elected in
1971.
In the Maumee municipal court, one full-time judge shall be
elected in 1963.
In the Medina municipal court, one full-time judge shall be
elected in 1957.
In the Mentor municipal court, one full-time judge shall be
elected in 1971.
In the Miami county municipal court, one full-time judge
shall be elected in 1975, and one full-time judge shall be elected
in 1979.
In the Miamisburg municipal court, one part-time full-time
judge shall
be elected in 1951 2011. On and after January 1, 2008,
the part-time judge of the Miamisburg municipal court who was
elected in 2005 shall serve as the full-time judge of the court
until the end of that judge's term on December 31, 2011.
In the Middletown municipal court, one full-time judge shall
be elected in 1953.
In the Morrow county municipal court, one full-time judge
shall be elected in 2005. Beginning January 1, 2003, the part-time
judge of the Morrow county county court that existed prior to that
date shall serve as the full-time judge of the Morrow county
municipal court until December 31, 2005.
In the Mount Vernon municipal court, one full-time judge
shall be elected in 1951.
In the Napoleon municipal court, one full-time judge shall be
elected in 2005.
In the New Philadelphia municipal court, one full-time judge
shall be elected in 1975.
In the Newton Falls municipal court, one full-time judge
shall be elected in 1963.
In the Niles municipal court, one full-time judge shall be
elected in 1951.
In the Norwalk municipal court, one full-time judge shall be
elected in 1975.
In the Oakwood municipal court, one part-time judge shall be
elected in 1953.
In the Oberlin municipal court, one full-time judge shall be
elected in 1989.
In the Oregon municipal court, one full-time judge shall be
elected in 1963.
In the Ottawa county municipal court, one full-time judge
shall be elected in 1995, and the full-time judge of the Port
Clinton municipal court who is elected in 1989 shall serve as the
judge of the Ottawa county municipal court from February 4, 1994,
until the end of that judge's term.
In the Painesville municipal court, one full-time judge shall
be elected in 1951.
In the Parma municipal court, one full-time judge shall be
elected in 1951, one full-time judge shall be elected in 1967, and
one full-time judge shall be elected in 1971.
In the Perrysburg municipal court, one full-time judge shall
be elected in 1977.
In the Portage county municipal court, two full-time judges
shall be elected in 1979, and one full-time judge shall be elected
in 1971.
In the Port Clinton municipal court, one full-time judge
shall be elected in 1953. The full-time judge of the Port Clinton
municipal court who is elected in 1989 shall serve as the judge of
the Ottawa county municipal court from February 4, 1994, until the
end of that judge's term.
In the Portsmouth municipal court, one full-time judge shall
be elected in 1951, and one full-time judge shall be elected in
1985.
In the Rocky River municipal court, one full-time judge shall
be elected in 1957, and one full-time judge shall be elected in
1971.
In the Sandusky municipal court, one full-time judge shall be
elected in 1953.
In the Shaker Heights municipal court, one full-time judge
shall be elected in 1957.
In the Shelby municipal court, one part-time judge shall be
elected in 1957.
In the Sidney municipal court, one full-time judge shall be
elected in 1995.
In the South Euclid municipal court, one full-time judge
shall be elected in 1999. The part-time judge elected in 1993,
whose term commenced on January 1, 1994, shall serve until
December 31, 1999, and the office of that judge is abolished on
January 1, 2000.
In the Springfield municipal court, two full-time judges
shall be elected in 1985, and one full-time judge shall be elected
in 1983, all of whom shall serve as the judges of the Springfield
municipal court through December 31, 1987, and as the judges of
the Clark county municipal court from January 1, 1988, until the
end of their respective terms.
In the Steubenville municipal court, one full-time judge
shall be elected in 1953.
In the Stow municipal court, one full-time judge shall be
elected in 2009, and one full-time judge shall be elected in 2013.
Beginning January 1, 2009, the judge of the Cuyahoga Falls
municipal court that existed prior to that date whose term
commenced on January 1, 2008, shall serve as a full-time judge of
the Stow municipal court until December 31, 2013. Beginning
January 1, 2009, the judge of the Cuyahoga Falls municipal court
that existed prior to that date whose term commenced on January 1,
2004, shall serve as a full-time judge of the Stow municipal court
until December 31, 2009.
In the Struthers municipal court, one part-time judge shall
be elected in 1963.
In the Sylvania municipal court, one full-time judge shall be
elected in 1963.
In the Tiffin municipal court, one full-time judge shall be
elected in 1953.
In the Toledo municipal court, two full-time judges shall be
elected in 1971, four full-time judges shall be elected in 1975,
and one full-time judge shall be elected in 1973.
In the Upper Sandusky municipal court, one part-time judge
shall be elected in 1957.
In the Vandalia municipal court, one full-time judge shall be
elected in 1959.
In the Van Wert municipal court, one full-time judge shall be
elected in 1957.
In the Vermilion municipal court, one part-time judge shall
be elected in 1965.
In the Wadsworth municipal court, one full-time judge shall
be elected in 1981.
In the Warren municipal court, one full-time judge shall be
elected in 1951, and one full-time judge shall be elected in 1971.
In the Washington Court House municipal court, one full-time
judge shall be elected in 1999. The part-time judge elected in
1993, whose term commenced on January 1, 1994, shall serve until
December 31, 1999, and the office of that judge is abolished on
January 1, 2000.
In the Wayne county municipal court, one full-time judge
shall be elected in 1975, and one full-time judge shall be elected
in 1979.
In the Willoughby municipal court, one full-time judge shall
be elected in 1951.
In the Wilmington municipal court, one full-time judge shall
be elected in 1991, who shall serve as the judge of the Wilmington
municipal court through June 30, 1992, and as the judge of the
Clinton county municipal court from July 1, 1992, until the end of
that judge's term on December 31, 1997.
In the Xenia municipal court, one full-time judge shall be
elected in 1977.
In the Youngstown municipal court, one full-time judge shall
be elected in 1951, and two full-time judges shall be elected in
1953.
In the Zanesville municipal court, one full-time judge shall
be elected in 1953.
Sec. 1901.11. (A)(1) Beginning July 1, 1997,
judges
designated as part-time judges by section 1901.08 of the Revised
Code, other than part-time judges to whom division
(B)(1)(a) of
this section applies, shall
receive as compensation thirty-five
thousand five hundred dollars each year in
addition to the
compensation payable from the state treasury under division
(A)(6)
of section 141.04 of the Revised Code.
(2) Part-time judges shall be disqualified from the
practice
of law only as to matters pending or originating in the
courts in
which they serve during their terms of office.
(B)(1)(a) Judges designated as full-time judges by section
1901.08 of the Revised Code, and all judges of territories having
a population of more than fifty thousand regardless of
designation, are subject to section 4705.01 of the Revised Code
and, pursuant to division (C) of this section, beginning July
1,
1997, shall receive as
compensation sixty-one thousand seven
hundred fifty
dollars per annum.
(b) These Full-time judges also shall receive, in accordance
with
division (B) of section 141.04 of the Revised Code, the
compensation described in division (A)(5) of that section from
the
state treasury.
(2) The presiding judge of a municipal court who is also
the
administrative judge of the court, shall receive, pursuant to
division (C) of this section, an additional one thousand five
hundred dollars per annum.
(C) The compensation of municipal judges that is described
in
divisions
(A)(1) and (B)(1)(a) and (2) of
this section
may be paid
in
either biweekly installments or semimonthly
installments,
as
determined by the payroll administrator,
three-fifths of the
amount being payable from the city treasury
and two-fifths of the
amount being payable from the treasury of
the county in which the
municipal corporation is situated, except
that all of the
compensation of the judges of a county-operated
municipal court
that is
described in divisions (A)(1) and
(B)(1)(a) and
(2) of
this
section shall be payable out of the
treasury of the county
in
which the court is located. If the
territory is located in
two or
more counties, a total of
two-fifths of the amount that is
described in divisions (A)(1) and
(B)(1)(a) and
(2) of this
section shall be payable by all of the
counties in
proportionate
shares from the treasury of each of the
counties in accordance
with the respective populations of that
portion of each of the
several counties within the jurisdiction of
the court.
(D) No municipal judge shall hold any other office of
trust
or profit under the authority of this state or the United
States.
(E) As used in this section, "compensation" does not
include
any portion of the cost, premium, or charge for sickness
and
accident insurance or other coverage of hospitalization,
surgical
care, major medical care, disability, dental care, eye
care,
medical care, hearing aids, and prescription drugs, or any
combination of those benefits or services, covering a judge of a
municipal court and paid on the judge's behalf by a governmental
entity.
Sec. 1901.181. (A)(1) Except as otherwise provided in
this
division and division (A)(2) of this section and subject to
division (C)(B) of this
section, if a municipal court has a
housing or environmental
division, the division has exclusive
jurisdiction within the
territory of the court in any civil action
to enforce any local
building, housing, air pollution, sanitation,
health, fire,
zoning, or safety code, ordinance, or regulation
applicable to
premises used or intended for use as a place of
human habitation,
buildings, structures, or any other real
property subject to any
such code, ordinance, or regulation, and,
except in the
environmental division of the Franklin county
municipal court, in
any civil action commenced pursuant to Chapter
1923. or 5321. or
sections 5303.03 to 5303.07 of the Revised Code.
Except as
otherwise provided in division (A)(2) of this section
and subject
to section 1901.20 of the Revised Code and to division
(C)(B)
of this section, the housing or environmental division of a
municipal court has exclusive jurisdiction within the territory
of
the court in any criminal action for a violation of any local
building, housing, air pollution, sanitation, health, fire,
zoning, or safety code, ordinance, or regulation applicable to
premises used or intended for use as a place of human habitation,
buildings, structures, or any other real property subject to any
such code, ordinance, or regulation. Except as otherwise
provided
in division (A)(2) of this section and subject to
division (C)(B)
of this section, the housing or environmental
division of a
municipal court also has exclusive jurisdiction
within the
territory of the court in any civil action as
described in
division (B)(1) of section 3767.41 of the Revised
Code that
relates to a public nuisance. To the extent any
provision of this
chapter conflicts or is inconsistent with a
provision of section
3767.41 of the Revised Code, the provision
of that section shall
control in a civil action described in
division (B)(1) of that
section.
(2) If a municipal court has an environmental division, if
the mayor of any municipal corporation within the territory of
the
municipal court conducts a mayor's community court, and if any
action
described in division (A)(1) of this section as being
within the
jurisdiction of the environmental division otherwise is
within
the jurisdiction of the mayor's community court, as set
forth in section
1905.01 1905.43 or 1905.44 of the Revised Code,
the
jurisdiction of the
environmental division over the action is
concurrent with the
jurisdiction of that mayor's community court
over the action.
(B)(1) If the judge of the environmental division of the
Franklin county municipal court or the judge of the housing
division of a
municipal court is on vacation, sick, absent, or is
unavailable because of recusal or
another reason, the
administrative judge of the court, in accordance
with the Rules of
Superintendence for Municipal Courts and County Courts,
shall
assign another judge or judges of the court to handle any action
or proceeding or, if necessary, all actions and proceedings of
the
division during the time that its judge is unavailable.
(2) The Franklin county municipal court may adopt, by
rule,
procedures for other judges of the court to handle
particular
proceedings arising out of actions within the
jurisdiction of the
environmental division of the court when the
judge of that
division is unable for any reason to handle a
particular
proceeding at the time, or within the time period,
necessary for a
timely or appropriate disposition of the
proceeding. Upon the
adoption of and in accordance with those
rules, any judge of the
court may handle any proceeding that
arises out of an action
within the jurisdiction of the
environmental division of the
court.
Sec. 1901.31. The clerk and deputy clerks of a municipal
court shall be selected, be compensated, give bond, and have
powers and duties as follows:
(A) There shall be a clerk of the court who is appointed
or
elected as follows:
(1)(a) Except in the Akron, Barberton,
Toledo,
Hamilton
county, Portage county,
and Wayne county municipal courts and
through December 31, 2008, the Cuyahoga Falls municipal court, if
the
population of the
territory equals or exceeds one hundred
thousand at the regular
municipal election immediately preceding
the
expiration of the
term of the present clerk, the clerk shall
be
nominated and
elected by the qualified electors of the
territory
in the manner
that is provided for the nomination and
election of
judges in
section 1901.07 of the Revised Code.
The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January
following the
clerk's election and continue until the clerk's
successor is elected
and qualified.
(b) In the Hamilton county municipal court, the clerk of
courts of Hamilton county shall be the clerk of the municipal
court and may appoint an assistant clerk who shall receive the
compensation, payable out of the treasury of Hamilton county in
semimonthly installments, that the board of county commissioners
prescribes. The clerk of courts of Hamilton county, acting as
the
clerk of the Hamilton county municipal court and assuming the
duties of that office, shall receive compensation at one-fourth
the rate that is prescribed for the clerks of courts of common
pleas as determined in accordance with the population of the
county and the rates set forth in sections 325.08 and 325.18 of
the Revised Code. This compensation shall be paid from the
county
treasury in semimonthly installments and is in addition to
the
annual compensation that is received for the performance of
the
duties of the clerk of courts of Hamilton county, as provided
in
sections 325.08 and 325.18 of the Revised Code.
(c) In the Portage county and Wayne county municipal
courts,
the clerks of courts of Portage county and Wayne county
shall be
the clerks, respectively, of the Portage county and
Wayne county
municipal courts and may appoint a chief deputy
clerk for each
branch that is established pursuant to section
1901.311 of the
Revised Code and assistant clerks as the judges
of the municipal
court determine are necessary, all of whom shall
receive the
compensation that the legislative authority
prescribes. The
clerks
of courts of Portage county and Wayne
county, acting as the
clerks
of the Portage county and Wayne
county municipal courts and
assuming the duties of these offices,
shall receive compensation
payable from the county treasury in semimonthly
installments at
one-fourth the rate that is prescribed for the clerks of
courts of
common pleas as determined in accordance with the population of
the
county and the rates set forth in sections 325.08 and 325.18
of the Revised
Code.
(d) Except as otherwise provided in division (A)(1)(d) of
this section, in the Akron municipal court, candidates for
election to the office of clerk of the court shall be nominated
by
primary election. The primary election shall be held on the
day
specified in the charter of the city of Akron for the
nomination
of municipal officers. Notwithstanding any contrary provision of
section 3513.05 or
3513.257 of the
Revised Code, the declarations
of candidacy and petitions of partisan candidates and the
nominating petitions of
independent candidates for the office of
clerk of the Akron municipal court
shall be signed by at least
fifty qualified electors
of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the seventy-fifth day before the day of
the primary election, in the form prescribed by section 3513.07
or
3513.261 of the Revised Code. The declaration of candidacy
and
petition, or the nominating petition, shall conform to the
applicable requirements of section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed
by
any person for nomination as a candidate of a particular
political
party for election to the office of clerk of the Akron
municipal
court, a primary election shall not be held for the
purpose of
nominating a candidate of that party for election to
that office.
If only one person files a valid declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Akron municipal court shall contain a designation of the
term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall
be
submitted to the qualified electors of the territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court. The
clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified.
(e) Except as otherwise provided in division
(A)(1)(e) of
this
section, in the Barberton municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Barberton for the
nomination of
municipal officers. Notwithstanding any contrary
provision of section 3513.05 or
3513.257 of the
Revised Code, the
declarations of candidacy and petitions of partisan candidates and
the nominating petitions of
independent
candidates for the office
of clerk of the Barberton municipal court shall be signed by at
least
fifty qualified
electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition,
or the nominating petition, shall conform to the
applicable requirements of
section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Barberton
municipal court, a primary election shall not be held for the
purpose of
nominating a candidate
of that party for election to
that office. If only one person files a valid
declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Barberton municipal court shall contain a designation of
the term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified.
(f)(i) Through December 31, 2008, except as otherwise
provided in division
(A)(1)(f)(i) of
this
section, in the Cuyahoga
Falls municipal court, candidates
for
election to the office of
clerk of the court shall be
nominated by primary
election. The
primary election shall be held
on the day specified in the
charter
of the city of Cuyahoga Falls
for the nomination of
municipal
officers. Notwithstanding any contrary provision of section
3513.05 or
3513.257 of the
Revised Code, the declarations of
candidacy and petitions of partisan candidates and the nominating
petitions of
independent
candidates for the office of clerk of the
Cuyahoga Falls municipal court shall be signed by at least
fifty
qualified
electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition, or
the nominating petition,
shall conform to the
applicable requirements of section
3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Cuyahoga
Falls
municipal court, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to
that office. If only one person files a valid declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the Cuyahoga
Falls municipal court shall contain a designation
of the term for
which the candidate seeks election. At the
following regular municipal
election, all candidates for the
office shall be submitted to the
qualified electors of the
territory of the court in the manner
that is provided in section
1901.07 of the Revised Code for
the
election of the judges of the
court. The clerk so elected shall hold office
for
a term of six
years, which term shall commence on the first day of
January
following the clerk's election and continue until the
clerk's
successor is elected and qualified.
(ii) Division (A)(1)(f)(i) of this section shall have no
effect after December 31, 2008.
(g) Except as otherwise provided in division
(A)(1)(g) of
this
section, in the Toledo municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Toledo for the nomination
of
municipal officers. Notwithstanding any contrary provision of
section 3513.05 or 3513.257 of the
Revised Code, the declarations
of candidacy and petitions of partisan candidates and the
nominating petitions of independent
candidates for the office of
clerk of the Toledo municipal court
shall be signed by at least
fifty qualified
electors
of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition,
or the nominating petition, shall conform to the
applicable requirements of
section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Toledo municipal
court, a primary election shall not be held for the purpose of
nominating a candidate
of that party for election to that office.
If only one person files a valid
declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Toledo municipal court shall contain a designation of the
term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified.
(2)(a) Except for the Alliance, Auglaize county,
Brown
county, Columbiana
county, Holmes county, Lorain,
Massillon, and
Youngstown
municipal courts, in a
municipal court
for which the
population of
the territory is less
than one hundred thousand, the
clerk shall
be appointed by the court, and
the clerk shall hold
office until
the clerk's successor is
appointed and qualified.
(b) In the Alliance, Lorain, Massillon, and Youngstown
municipal courts, the clerk shall be elected for a term of office
as described in division (A)(1)(a) of this section.
(c) In the Auglaize county, Brown county, and Holmes county
municipal
courts, the
clerks of
courts of Auglaize
county, Brown
county, and Holmes county shall be the
clerks,
respectively, of
the
Auglaize
county, Brown county, and Holmes county municipal
courts and may appoint a
chief deputy clerk
for each branch office
that
is
established pursuant to
section 1901.311
of the Revised
Code,
and
assistant clerks as the
judge of the
court determines
are
necessary, all of whom shall
receive the
compensation that the
legislative authority
prescribes. The
clerks of courts of
Auglaize
county,
Brown county, and Holmes county, acting as the
clerks of
the Auglaize county, Brown
county, and Holmes county
municipal
courts
and assuming the
duties of
these offices, shall
receive
compensation
payable from
the county treasury in semimonthly
installments at
one-fourth the
rate that is prescribed for the
clerks of
courts of
common pleas
as determined in accordance with
the population of
the
county and
the rates set forth in sections
325.08 and 325.18
of the Revised
Code.
(d) In the Columbiana county municipal court, the clerk of
courts of
Columbiana county shall be the
clerk of the municipal
court, may appoint a chief deputy
clerk for each branch office
that is established pursuant to section
1901.311 of the Revised
Code, and may appoint any assistant clerks that
the judges of the
court determine are necessary. All of the chief deputy
clerks and
assistant clerks shall receive the compensation that the
legislative authority prescribes. The clerk of courts of
Columbiana county, acting as
the clerk of the Columbiana
county
municipal court and assuming the duties of that office,
shall
receive in either biweekly installments or semimonthly
installments, as determined by the payroll administrator,
compensation payable from the county treasury at one-fourth the
rate that is
prescribed
for the clerks of courts of common pleas
as
determined in
accordance with the population of the county and
the rates set
forth in sections 325.08 and 325.18 of the
Revised
Code.
(3) During the temporary absence of the clerk due to
illness,
vacation, or other proper cause, the court may appoint a
temporary
clerk, who shall be paid the same compensation,
have
the
same
authority, and perform the same duties as the clerk.
(B) Except in the Hamilton county,
Portage county, and Wayne
county municipal courts, if a vacancy
occurs in the office of the
clerk of the Alliance, Lorain,
Massillon, or Youngstown municipal
court or occurs in the office
of the clerk of a municipal court
for which the population of the
territory equals or exceeds one
hundred thousand because the
clerk
ceases to hold the office
before the end of the clerk's term or
because a clerk-elect fails
to take office, the vacancy shall be
filled, until a successor is
elected and qualified, by a person
chosen by the residents of the
territory of the court who are
members of the county central
committee of the political party by
which the last occupant of
that office or the clerk-elect was
nominated. Not less than five
nor more than fifteen days after a
vacancy occurs, those members
of that county central committee
shall meet to make an appointment
to fill the vacancy. At least
four days before the date of the
meeting, the chairperson or a
secretary of the county central
committee shall notify each such
member of that county central
committee by first class
mail of the
date, time, and place
of the
meeting and its purpose. A majority
of all such members of
that
county central committee constitutes a
quorum, and a
majority of
the quorum is
required to make the
appointment. If the office so
vacated was
occupied or was to be
occupied by a person not
nominated at a
primary election, or if
the appointment was not
made by the
committee members in
accordance with this division,
the court
shall make an appointment
to fill the vacancy. A
successor shall
be elected to fill the
office for the unexpired
term at the first
municipal election that
is held more than one
hundred twenty days
after the vacancy
occurred.
(C)(1) In a municipal court, other than the Auglaize county,
the Brown county,
the Columbiana county, the Holmes county, and
the Lorain municipal
courts,
for which
the population of the
territory is
less than one
hundred thousand, the clerk of
the
municipal
court
shall receive
the annual compensation that the
presiding
judge of the court
prescribes, if the revenue of the
court for the
preceding calendar
year, as
certified by the auditor
or chief
fiscal officer of the
municipal corporation
in which the
court is
located or, in the
case of a county-operated municipal
court, the
county auditor, is
equal to or greater than the
expenditures,
including any debt
charges, for the operation of the
court payable
under this
chapter
from the city treasury or, in the
case of a
county-operated
municipal
court, the county treasury for
that
calendar year, as
also certified by the
auditor or chief
fiscal
officer. If the
revenue of a municipal court, other
than
the
Auglaize county,
the
Brown county, the Columbiana county, and
the
Lorain municipal
courts, for which
the population of the
territory
is less than one
hundred thousand for
the preceding
calendar year
as so
certified is
not equal to or
greater than
those expenditures for
the
operation
of the court for
that
calendar year as so certified,
the clerk of
a
municipal court
shall receive the annual
compensation that the
legislative
authority prescribes.
As used
in this division,
"revenue" means
the total of all costs and fees
that are collected
and paid to the
city
treasury or, in a
county-operated municipal
court, the county
treasury by the
clerk
of the municipal court
under division (F) of
this section and
all
interest received and
paid to the city
treasury or, in a
county-operated
municipal
court, the county
treasury in relation
to the costs and fees under
division (G) of
this section.
(2) In
a municipal court, other than the
Hamilton county,
Portage
county, and Wayne
county
municipal courts, for which the
population of the territory
is one
hundred thousand or more, and
in the Lorain
municipal court, the
clerk of the municipal court
shall receive annual compensation in
a sum equal to eighty-five
per cent of the salary of a judge of
the court.
(3) The compensation
of a clerk described in division (C)(1)
or (2) of this
section is payable in semimonthly installments from
the same sources and
in the same manner as provided in section
1901.11 of the Revised
Code, except that the compensation of the
clerk of the Carroll county municipal court is payable in biweekly
installments.
(D) Before entering upon the duties of the clerk's office,
the
clerk of a municipal court shall give bond of not less than
six
thousand dollars to be determined by the judges of the court,
conditioned upon the faithful performance of the clerk's duties.
(E) The clerk of a municipal court may do all of the
following: administer oaths, take affidavits, and issue
executions
upon any judgment rendered in the court, including a
judgment for
unpaid costs; issue, sign, and attach the seal of
the
court to all
writs, process, subpoenas, and papers issuing
out of
the court;
and approve all bonds, sureties, recognizances,
and
undertakings
fixed by any judge of the court or by law. The clerk
may
refuse to
accept for filing any pleading or paper submitted
for filing by a
person who has been found to be a vexatious
litigator under
section 2323.52
of the Revised Code and who has
failed to obtain
leave to proceed under that
section. The clerk
shall do all of the
following: file and safely keep all
journals,
records, books, and
papers belonging or appertaining to
the court;
record the
proceedings of the court; perform all other
duties that
the judges
of the court may prescribe; and keep a
book showing all
receipts
and disbursements, which book shall be
open for public
inspection
at all times.
The clerk shall prepare and maintain a general index, a
docket, and other records that the court, by rule, requires, all
of which shall be the public records of the court. In the
docket,
the clerk shall enter, at the time of the commencement of
an
action, the names of the parties in full, the names of the
counsel, and the nature of the proceedings. Under proper dates,
the clerk shall note the filing of the complaint, issuing of
summons or
other process, returns, and any subsequent pleadings.
The clerk
also shall enter all reports, verdicts, orders,
judgments, and
proceedings of the court, clearly specifying the
relief granted
or orders made in each action. The court may order
an extended
record of any of the above to be made and entered,
under the
proper action heading, upon the docket at the request of
any
party to the case, the expense of which record may be taxed as
costs in the case or may be required to be prepaid by the party
demanding the record, upon order of the court.
(F) The (1) Except as provided otherwise in division (F)(2)
of this section, the clerk of a municipal court shall receive,
collect,
and issue receipts for all costs, fees, fines, bail, and
other
moneys payable to the office or to any officer of the court
in accordance with division (F)(1) of this section. The
clerk
shall each month disburse to the proper persons or officers,
and
take receipts for, all costs, fees, fines, bail, and other
moneys
that the clerk collects. Subject to sections 3375.50 and
4511.193
of
the Revised Code and to any other section of the
Revised Code
that requires a specific manner of disbursement of
any moneys
received by a municipal court and except for the
Hamilton county,
Lawrence county, and Ottawa county municipal
courts, the clerk
shall pay all
fines received for violation of
municipal ordinances
into the
treasury of the municipal
corporation the ordinance of
which was
violated and shall pay all
fines received for violation
of
township resolutions adopted
pursuant to section 503.52 or
503.53 or Chapter 504. of the
Revised Code into the treasury of
the township the resolution of
which was violated. Subject to
sections 1901.024 and 4511.193 of
the Revised Code, in the
Hamilton county, Lawrence county, and Ottawa county
municipal
courts, the clerk shall pay fifty per cent of the fines
received
for violation of municipal ordinances and fifty per cent
of the
fines received for violation of township resolutions
adopted
pursuant to section 503.52 or 503.53 or Chapter 504. of the
Revised Code into the
treasury of
the county. Subject to sections
3375.50, 3375.53,
4511.19, and
5503.04 of the Revised Code and to
any other section
of the
Revised Code that requires a specific
manner of
disbursement of
any moneys received by a municipal
court, the
clerk shall pay all
fines collected for the violation
of state
laws into the county
treasury. Except in a
county-operated
municipal court, the clerk
shall pay all costs and
fees the
disbursement of which is not
otherwise provided for in
the
Revised
Code into the city treasury.
The clerk of a
county-operated
municipal court shall pay the costs
and fees the
disbursement of
which is not otherwise provided for
in the
Revised
Code into the
county treasury. Moneys deposited as
security for
costs shall be
retained pending the litigation. The
clerk shall
keep a separate
account of all receipts and
disbursements in civil
and criminal
cases, which shall be a
permanent public record of
the office. On
the expiration of the
term of the clerk, the clerk
shall deliver
the records to the
clerk's
successor. The clerk
shall have other
powers and duties
as are prescribed by
rule or
order of the court.
(2)(a) The clerk of a municipal court shall pay to the
treasurer of a municipal corporation one-half of all costs, fees,
and fines collected as a result of summonses issued by law
enforcement officers of the municipal corporation in cases that
before January 1, 2009, would have been heard in the mayor's court
of the municipal corporation and that would have been payable to
the municipal treasury if either of the following applies:
(i) The mayor's court was abolished, the cases in that
mayor's court were transferred to the municipal court under
division (B) of section 1905.42 of the Revised Code, the
municipal corporation had its own police force at the time of
abolition of the mayor's court, and the municipal
corporation has
a population of more than five hundred according
to the most
recent federal decennial census.
(ii) The legislative authority of the municipal corporation
elected to transfer its cases to the municipal court under
division (C)(1)(b) of section 1905.42 of the Revised Code.
(b) The clerk shall disburse one-half of such costs, fees,
and fines in accordance with division (F)(1) of this section.
(G) All moneys paid into a municipal court shall be noted
on
the record of the case in which they are paid and shall be
deposited in a state or national bank, or a domestic savings and
loan association, as defined in section 1151.01 of the Revised
Code, that is selected by the clerk. Any interest received upon
the deposits shall be paid into the city treasury, except that, in
a county-operated municipal court, the interest shall be paid
into
the treasury of the county in which the court is located.
On the first Monday in January of each year, the clerk
shall
make a list of the titles of all cases in the court that
were
finally determined more than one year past in which there
remains
unclaimed in the possession of the clerk any funds, or
any part of
a deposit for security of costs not consumed by the
costs in the
case. The clerk shall give notice of the moneys to
the parties
who
are entitled to the moneys or to their attorneys
of record.
All
the moneys remaining unclaimed on the first day
of April of
each
year shall be paid by the clerk to the city
treasurer, except
that, in a county-operated municipal court, the
moneys shall be
paid to the treasurer of the county in which the
court is located.
The treasurer shall pay any part of the
moneys at any time to the
person who has the right to the
moneys upon proper certification
of the clerk.
(H) Deputy clerks of a municipal court other than the Carroll
county municipal court may be appointed by the clerk and shall
receive the compensation, payable in either biweekly installments
or semimonthly installments, as determined by the payroll
administrator, out
of the city treasury, that the clerk may
prescribe, except that
the compensation of any deputy clerk of a
county-operated
municipal court shall be paid out of the treasury
of the county
in
which the court is located. The judge of the
Carroll county municipal court may appoint deputy clerks for the
court, and the deputy clerks shall receive the compensation,
payable in biweekly installments out of the county treasury, that
the judge may prescribe. Each deputy clerk shall take an
oath
of
office before entering upon the duties of the deputy clerk's
office
and, when so qualified, may perform the duties appertaining
to the
office of the clerk. The clerk may require any of the
deputy
clerks to give bond of not less than three thousand
dollars,
conditioned for the faithful performance of the deputy
clerk's duties.
(I) For the purposes of this section, whenever the
population
of the territory of a municipal court falls below one
hundred
thousand but not below ninety thousand, and the
population
of the
territory prior to the most recent regular
federal census
exceeded
one hundred thousand, the legislative
authority of the
municipal
corporation may declare, by
resolution, that the
territory shall
be considered to have a
population of at least one
hundred
thousand.
(J) The clerk or a deputy clerk shall be in attendance at
all
sessions of the municipal court, although not necessarily in
the
courtroom, and may administer oaths to witnesses and jurors
and
receive verdicts.
Sec. 1901.42. The chief of police, or a police officer
designated by the chief of police, of the city or village in which
a municipal court is located or the marshal of the village in
which a municipal court is located shall attend the sittings of
the municipal court to execute the orders and process of the court
and to preserve order in it. The chief of police, designated
police officer, or marshal shall execute and return all writs and
process directed to the chief, officer, or marshal by the court.
The jurisdiction of the chief of police, designated police
officer, or marshal in the execution of the writs and process of
the court is coextensive with the county in criminal cases and in
cases of violations of ordinances of the municipal corporation.
Sec. 1905.41. (A) There is hereby created on January 1,
2009, a community court in each municipal corporation that on the
effective date of this section has a legally functioning mayor's
court, according to the most recent federal decennial census has a
population of one thousand six hundred or more, and elects
pursuant to division (C) of section 1905.42 of the Revised Code to
have a community court.
(B) A community court is a court of record and is subject to
superintendence by the supreme court and rules prescribed by the
supreme court under Section 5 of Article IV of the Ohio
Constitution.
(C)(1) The judge of the municipal court or county court that
has
territorial jurisdiction over the municipal corporation in
which a
community court is located, or the administrative judge
of the
court if the court has more than one judge, after
consulting with the mayor and the legislative authority of the
municipal corporation shall appoint one or more
magistrates to
preside over the community court. If the municipal
corporation
lies within the territorial jurisdiction of more than
one
municipal court or county court, the judge or administrative judge
of the court that has within its territory the largest number of
residents of the municipal corporation after consulting
with the
legislative authority of the municipal corporation shall appoint
the
magistrate or magistrates. No person shall be appointed as a
community court
magistrate unless the person has been admitted to
the practice of
law in this state and, for a total of at least
four years
preceding the person's appointment or the commencement
of the
person's service as magistrate, has been engaged in the
practice
of law in this state or served as a judge of a court of
record in
any jurisdiction in the United States, or both. A
magistrate of
a community court shall serve at the pleasure of
the appointing
judge or that judge's successor. If a municipal
corporation that has a community court lies within the territorial
jurisdiction of more
than one municipal or county court and if a
decennial census shows
that the largest number of residents of
the municipal corporation
no longer reside in the territory of
the appointing judge's court,
the magistrate or magistrates of
the community court shall serve at the pleasure of the judge or
administrative judge of the court that according to the census has
within its territory the largest number of residents of the
municipal corporation or that judge's successor.
(2) The legislative authority of a municipal corporation in
which a community court that is created pursuant to this section
is located may by resolution recommend to
the judge having
authority to appoint the magistrates of the court
that a
magistrate be removed from office if the legislative
authority
believes that the magistrate is not performing the
magistrate's
official duties in accordance with standards for
magistrates
established by the supreme court.
(D) The legislative authority of a municipal corporation that
has a community court that is created pursuant to this section
shall appoint a clerk of the community court. The clerk
shall
serve at the pleasure of the legislative authority and shall
receive compensation as set by the legislative authority. The
compensation shall be payable in semimonthly installments from the
treasury of the municipal corporation. Before entering upon the
duties of the office, an appointed clerk shall give bond of not
less than five thousand dollars, as determined by the legislative
authority of the municipal corporation, conditioned upon the
faithful performance of the clerk's duties. The clerk shall have
the same powers and duties as a clerk of a county court.
Sec. 1905.42. (A) All mayor's courts shall cease to exist at
the end of the day on December 31, 2008.
(B) All proceedings pending in the mayor's court of a
municipal corporation that on December 31, 2008, had a population
of less than one thousand six hundred according to the most recent
federal decennial census, except for proceedings in a mayor's
court that is located on an island in Lake Erie, shall be
transferred to the municipal
court or the county court that has
territorial jurisdiction over
that municipal corporation.
(C)(1) Within ninety days after the effective date of this
section, the legislative authority of a municipal corporation that
had a legally functioning mayor's court on that effective date and
either is located on an island in Lake Erie or
according to the
most recent federal decennial census has a
population of one
thousand six hundred or more shall elect to do
one of the
following:
(a) To have a community court;
(b) To not have a community court and to have all proceedings
pending in the mayor's court transferred to the municipal court or
county court that has territorial jurisdiction over the municipal
corporation.
(2) A legislative authority shall make an election under
division (C)(1) of this section by resolution adopted and filed
with the supreme court and with the municipal court or county
court that has territorial jurisdiction over the municipal
corporation not later than ninety days after the
effective date
of this section. If a legislative authority of a
municipal
corporation fails to make a timely election under
division (C) of
this section, the municipal corporation shall not
have a
community court, and all proceedings pending on December
31,
2008, in the mayor's court of that municipal corporation shall
be
transferred to the municipal court or county court that has
territorial jurisdiction over the municipal corporation.
(D) At any time after January 1, 2009, the legislative
authority of a municipal corporation that does not have a
community court and that has a population of one thousand six
hundred or more according to the most recent federal decennial
census may adopt a resolution electing to establish a community
court and file the resolution with the supreme court. Upon the
filing of the resolution with the supreme court, the community
court is established and shall hear and determine cases within its
jurisdiction that arise on and after the establishment of the
court.
(E)(1) Except as provided in division (E)(2) of this section,
if the population of a municipal corporation served by a community
court that is created pursuant to this section falls below one
thousand six hundred according to the most
recent federal
decennial census, the community court shall cease
to exist sixty
days after the official release of the census, and
all causes,
executions, and other proceedings then pending in the
community
court shall be transferred to the municipal court or
county court
that has territorial jurisdiction over the municipal
corporation.
The causes, executions, and other proceedings shall
proceed as if
originally instituted in the transferee court.
Parties to those
causes, executions, and proceedings may make any
amendments to
their pleadings that are required to conform them to
the rules of
the transferee court. The clerk or other custodian of
the records
of the community court shall transfer to the
transferee court all
pleadings, orders, entries, dockets, bonds,
papers, records,
books, exhibits, files, moneys, property, and
persons that belong
to, are in the possession of, or are subject
to the jurisdiction
of the community court, or any officer of that
court, at the
close of business on the sixtieth day after the
release of the
census and that pertain to those causes,
executions, and
proceedings.
(2) If the population of a municipal corporation served by a
community court that is created pursuant to this section falls
below one thousand six hundred according to
the most recent
federal decennial census, the legislative
authority of the
municipal corporation may by resolution adopted
and filed with
the supreme court not later than thirty days after
the official
release of the census request that the supreme court
authorize
the continued existence of the community court until the
next
federal decennial census. The supreme court, after
considering
the population of the municipal corporation, the
caseload of the
community court, and any other factors that it
considers
relevant, shall determine whether the community court
should
continue to exist and shall serve written notice of its
determination on the legislative authority of the municipal
corporation. If the supreme court determines that the community
court should not continue to exist, the community court shall
cease to exist sixty days after service of the supreme court's
determination, and all causes, executions, and other proceedings
then pending in the community court shall be transferred to the
appropriate municipal court or county court in the manner provided
in division (E)(1) of this section.
(F) Division (E) of this section does not apply to a
municipal
corporation or community court that is located on an
island in
Lake Erie.
(G) Nothing in this section shall preclude a municipal
corporation from seeking the establishment pursuant to statute of
a municipal court for the municipal corporation.
Sec. 1905.43. (A) As used in this section, "urban township"
means a
township that has a population of fifteen thousand or
more and
that adopts a limited home rule government under section
504.01 of
the Revised Code.
(B)(1) On or after January 1, 2009, the legislative authority
of an urban township may establish a community court by adopting a
resolution to establish a community court and filing the
resolution with the supreme court. Upon the filing of the
resolution with the supreme court, the community court is
established and shall hear and determine cases within its
jurisdiction that arise on and after the establishment of the
court. The community court shall have jurisdiction to hear and
determine all of the following:
(a) Noncriminal cases arising under resolutions adopted
pursuant to section 504.04 of the Revised Code by the urban
township that establishes the court;
(b) Forcible entry and detainer actions brought under Chapter
1923. of the Revised Code that arise within the township;
(c) Criminal actions arising under resolutions adopted
pursuant to section 503.52 or 503.53 or division (E) of section
504.04 of the Revised Code by the urban township that establishes
the court, provided that jurisdiction is subject to the same
limitations and conditions that apply to the community court of a
municipal corporation under sections 1905.44 and 1905.45 of the
Revised Code.
(2) A community court of an urban township has jurisdiction
within the township, excluding the territory of any municipal
corporation within the township that has its own community court.
(3) The judge of the municipal court or county court that has
territorial jurisdiction over the urban township in which a
community court is located, or the administrative judge of the
court if the court has more than one judge, shall appoint a
magistrate to preside over the community court. If the township
lies within the territorial jurisdiction of more than one
municipal court or county court, the judge or administrative judge
of the court that has within its territory the largest number of
residents of the township shall appoint the magistrate. No person
shall be appointed as a community court magistrate unless the
person has been admitted to the practice of law in this state and,
for a total of at least four years preceding the person's
appointment or the commencement of the person's service as
magistrate, has been engaged in the practice of law in this state
or served as a judge of a court of record in any jurisdiction in
the United States, or both. The magistrate of a community court
shall serve at the pleasure of the appointing judge or that
judge's successor. If a township lies within the territorial
jurisdiction of more than one municipal court or county court and
if a decennial census shows that the largest number of residents
of the township no longer reside in the territory of the
appointing judge's court, the magistrate shall serve at the
pleasure of the judge or administrative judge of the court that
according to the census has within its territory the largest
number of residents of the township or that judge's successor.
(4) The legislative authority of an urban township that has a
community court, with the concurrence of the magistrate of that
court, may appoint a clerk of the community court. The clerk shall
serve at the pleasure of the legislative authority and shall
receive compensation as set by the legislative authority. The
compensation shall be payable in semimonthly installments from the
treasury of the township. Before entering upon the duties of the
office, an appointed clerk shall give bond of not less than five
thousand dollars, as determined by the legislative authority of
the township, conditioned upon the faithful performance of the
clerk's duties. The clerk shall have the same powers and duties as
a clerk of a county court.
(C)(1) Within ninety days after the effective date of this
section, the legislative authority of a municipal corporation that
had a legally functioning mayor's court on that effective date or
on December 31, 2008, whichever is earlier, and according to the
most recent federal decennial census had a population of less than
one thousand six hundred and the legislative authority of an urban
township may by municipal ordinance and township resolution agree
to enter into a contract for the creation on or after January 1,
2009, of a community court having territorial jurisdiction over
the municipal corporation and the unincorporated areas of the
township if the territory of the municipal corporation adjoins the
territory of the township and all of the territory of the
municipal corporation and of the township is within the
territorial jurisdiction of a single municipal court or county
court. The ordinance and resolution shall express the intent to
enter into the contract and shall indicate the other municipal
corporation or township with which the municipal corporation or
township intends to contract. The municipal corporation shall
provide a copy of the ordinance and the township shall provide a
copy of the resolution to the supreme court.
(2) Within ninety days after the effective date of this
section, the legislative authority of a municipal corporation that
had a legally functioning mayor's court on that effective date or
on December 31, 2008, whichever is earlier, and according to the
most recent federal decennial census had a population of less than
one thousand six hundred and the legislative authority of a
municipal corporation that elects to have a community court under
division (C)(1) of section 1905.42 of the Revised Code may by
ordinance adopted by each of the municipal corporations agree to
enter into a contract for the creation on or after January 1,
2009, of a community court having territorial jurisdiction over
both municipal corporations if the territory of the municipal
corporations adjoin and all of the territory of the two municipal
corporations is within the territorial jurisdiction of a single
municipal court or county court. Each ordinance shall express the
intent to enter into the contract and shall indicate the other
municipal corporation with which the municipal corporation intends
to contract. Each municipal corporation shall provide a copy of
its ordinance to the supreme court.
(3) Within ninety days after the effective date of this
section, the legislative authorities of two municipal corporations
that elect to have a community court under division (C)(1) of
section 1905.42 of the Revised Code may by ordinance adopted by
each of the municipal corporations agree to enter into a contract
for the creation on or after January 1, 2009, of a community court
having territorial jurisdiction over both municipal corporations
if the territory of the municipal corporations adjoin and all of
the territory of the municipal corporations is within the
territorial jurisdiction of a single municipal court or county
court. Each ordinance shall express the intent to enter into the
contract and shall indicate the other municipal corporation with
which the municipal corporation intends to contract. Each
municipal corporation shall provide a copy of its ordinance to the
supreme court.
(D) The legislative authority of each of the contracting
municipal corporations and townships shall approve a contract
creating a community court under division (C) of this section and
shall approve the contract within one hundred eighty days after
the effective date of this section. The contract shall provide for
all of the following:
(1) The location of the community court;
(2) The manner in which the costs of establishing and
operating the court will be shared and the manner in which the
money collected by the court will be distributed, which shall be
consistent with all provisions of the Revised Code that require
the distribution of portions of that money to specific funds;
(3) The manner in which employees of the court other than the
magistrate or magistrates shall be appointed;
(4) The police officer who will attend or who will designate
an officer to attend sittings of the court for the purposes set
forth in section 1905.47 of the Revised Code.
(E)(1) Before the legislative authority of a municipal
corporation or urban township passes an ordinance or resolution
approving a contract to create a community court pursuant to this
section, the legislative authority of each contracting municipal
corporation or township shall hold a public hearing concerning the
contract and shall provide public notice at least thirty days in
advance of the time
and place of the public hearing in a
newspaper of general
circulation within the territory of the
contracting municipal
corporation or township. A board of
township trustees may provide
additional notice to township
residents in accordance with section
9.03 of the Revised Code,
and any additional notice shall include
the public hearing
announcement, a summary of the terms of the
contract, a statement
that the entire text of the contract is on
file for public
examination in the office of the township fiscal
officer, and
information pertaining to any tax changes that will
or may occur
as a result of the contract.
(2) During the thirty-day period prior to the public hearing,
a copy of the text of the contract shall be on file for public
examination in the office of the clerk of the legislative
authority of the municipal corporation or of the township fiscal
officer. The public hearing shall allow for public comment and
recommendations from the public on the proposed contract. The
contracting municipal corporations and townships may include in
the contract any of those recommendations prior to the approval of
the contract.
(F) The legislative authority of a municipal corporation or
urban township may enter into a contract to create a community
court pursuant to this section by adopting an ordinance or
resolution approving the contract. The legislative authority shall
provide a copy of the ordinance or resolution and of the contract
to the supreme court.
(G) Any resolution of a board of township trustees that
approves a contract to create a community court pursuant to this
section shall be subject to a referendum of the electors of the
township. When a referendum petition that is signed by ten per
cent of the number of electors in the township who voted for the
office of governor at the most recent general election for the
office of governor and that orders that the resolution be
submitted to the electors of the township for their approval or
rejection is presented to the board of township trustees within
thirty days after the board of township trustees adopted the
resolution, the board of township trustees shall, after ten days
and not later than four p.m. of the seventy-fifth day before the
election, certify the text of the resolution to the board of
elections. The board of elections shall submit the resolution to
the electors of the township for their approval or rejection at
the next general, primary, or special election occurring
subsequent to seventy-five days after the certifying of the
petition to the board of elections. The board shall notify the
supreme court of the results of the referendum.
(H) A contract entered into pursuant to this section may be
amended, and it may be renewed, canceled, or terminated as
provided in the contract.
(I) A community court created pursuant to a contract entered
into under this section shall have with regard to each contracting
municipal corporation the jurisdiction set forth in section
1905.44 of the Revised Code and with regard to each contracting
urban township the jurisdiction set forth in division (B) of this
section.
(J) The judge of the municipal court or county court that has
territorial jurisdiction over all of the territory of the
municipal corporations or of the municipal corporation and
township that create a community court pursuant to division (C) of
this section, or the administrative judge of the court if the
court has more than one judge, shall appoint a magistrate to
preside over the community court. No person shall be appointed as
the community court magistrate unless the person has been admitted
to the practice of law in this state and, for a total of at least
four years preceding the person's appointment or the commencement
of the person's service as magistrate, has been engaged in the
practice of law in this state or served as a judge of a court of
record in any jurisdiction in the United States, or both. The
magistrate shall serve at the pleasure of the appointing judge or
that judge's successor.
(K) The provisions of this chapter apply to all community
courts established pursuant to this section except where the
context of a provision clearly indicates that the provision is not
applicable to a particular type of community court.
Sec. 1905.44. (A) Except as provided in divisions (B), (C),
and (E) of this section, a community court established pursuant to
section 1905.42 of the Revised Code has jurisdiction to
hear and
determine any prosecution for the violation of an
ordinance of
the municipal corporation, to hear and determine forcible entry
and detainer actions brought under Chapter 1923. of the Revised
Code, to hear and determine any
case involving a violation of a
vehicle parking or standing
ordinance of the municipal
corporation unless the violation is
required to be handled by a
parking violations bureau or joint
parking violations bureau
pursuant to Chapter 4521. of the Revised
Code, and to hear and
determine all criminal causes involving any
moving traffic
violation occurring on a state highway located
within the
boundaries of the municipal corporation.
(B)(1) A community court established pursuant to section
1905.42 of the Revised Code has jurisdiction to hear and
determine prosecutions involving a violation of an ordinance of
the municipal corporation relating to operating a vehicle while
under the influence of alcohol, a drug of abuse, or a combination
of them or relating to operating a vehicle with a prohibited
concentration of alcohol, a controlled substance, or a metabolite
of a controlled substance in the whole blood, blood serum or
plasma, breath, or urine and to hear and determine criminal causes
involving a violation of section 4511.19 of the Revised Code that
occur on a state highway located within the boundaries of the
municipal corporation only if the person charged with the
violation, within six years of the date of the violation charged,
has not been convicted of or pleaded guilty to any of the
following:
(a) A violation of an ordinance of any municipal corporation
relating to operating a vehicle while under the influence of
alcohol, a drug of abuse, or a combination of them or relating to
operating a vehicle with a prohibited concentration of alcohol, a
controlled substance, or a metabolite of a controlled substance in
the whole blood, blood serum or plasma, breath, or urine;
(b) A violation of section 4511.19 of the Revised Code;
(c) A violation of any ordinance of any municipal
corporation or of any section of the Revised Code that regulates
the operation of vehicles, streetcars, and trackless trolleys upon
the highways or streets in a case to which all of the following
apply:
(i) In the case in which the conviction was obtained or the
plea of guilty was entered, the person had been charged with a
violation of an ordinance of a type described in division
(B)(1)(a) of this section or with a violation of section 4511.19
of the Revised Code.
(ii) The charge of the violation described in division
(B)(1)(c)(i) of this section was dismissed or reduced.
(iii) The violation of which the person was convicted or to
which the person pleaded guilty arose out of the same facts and
circumstances and the same act as did the charge that was
dismissed or reduced.
(d) A violation of a statute of the United States or of any
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to
section 4511.19 of the Revised Code.
(2) A community court established pursuant to section 1905.42
of the Revised Code does not have jurisdiction to hear and
determine any prosecution or criminal cause involving a violation
described in division (B)(1)(a) or (b) of this section, regardless
of where the violation occurred, if the person charged with the
violation, within six years of the violation charged, has been
convicted of or pleaded guilty to any violation listed in division
(B)(1)(a), (b), (c), or (d) of this section.
If a magistrate of a community court established pursuant to
section 1905.42 of the Revised Code determines in hearing
a
prosecution involving a violation of an ordinance of the
municipal corporation the magistrate serves relating to operating
a vehicle while under the influence of alcohol, a drug of abuse,
or a combination of them or relating to operating a vehicle with a
prohibited concentration of alcohol, a controlled substance, or a
metabolite of a controlled substance in the whole blood, blood
serum or plasma, breath, or urine or in hearing a criminal cause
involving a violation of section 4511.19 of the Revised Code that
the person charged, within six years of the violation charged, has
been convicted of or pleaded guilty to any violation listed in
division (B)(1)(a), (b), (c), or (d) of this section, the
magistrate immediately shall transfer the case in accordance with
section 1905.45 of the Revised Code to the county court or
municipal court with jurisdiction over the violation charged.
(C)(1) A community court established pursuant to section
1905.42 of the Revised Code has jurisdiction to hear and
determine prosecutions involving a violation of a municipal
ordinance that is substantially equivalent to division (A) of
section 4510.14 or section 4510.16 of the Revised Code and to hear
and determine criminal causes that involve a moving traffic
violation that involve a violation of division (A) of section
4510.14 or section 4510.16 of the Revised Code and that occur on a
state highway located within the boundaries of the municipal
corporation only if all of the following apply regarding the
violation and the person charged:
(a) Regarding a violation of section 4510.16 of the Revised
Code or a violation of a municipal ordinance that is substantially
equivalent to that division, the person charged with the
violation, within six years of the date of the violation charged,
has not been convicted of or pleaded guilty to any of the
following:
(i) A violation of section 4510.16 of the Revised Code;
(ii) A violation of a municipal ordinance that is
substantially equivalent to section 4510.16 of the Revised Code;
(iii) A violation of any municipal ordinance or section of
the Revised Code that regulates the operation of vehicles,
streetcars, and trackless trolleys upon the highways or streets in
a case in which, after a charge against the person of a violation
of a type described in division (C)(1)(a)(i) or (ii) of this
section was dismissed or reduced, the person is convicted of or
pleads guilty to a violation that arose out of the same facts and
circumstances and the same act as did the charge that was
dismissed or reduced.
(b) Regarding a violation of division (A) of section 4510.14
of the Revised Code or a violation of a municipal ordinance that
is substantially equivalent to that division, the person charged
with the violation, within six years of the date of the violation
charged, has not been convicted of or pleaded guilty to any of the
following:
(i) A violation of division (A) of section 4510.14 of the
Revised Code;
(ii) A violation of a municipal ordinance that is
substantially equivalent to division (A) of section 4510.14 of the
Revised Code;
(iii) A violation of any municipal ordinance or section of
the Revised Code that regulates the operation of vehicles,
streetcars, and trackless trolleys upon the highways or streets in
a case in which, after a charge against the person of a violation
of a type described in division (C)(1)(b)(i) or (ii) of this
section was dismissed or reduced, the person is convicted of or
pleads guilty to a violation that arose out of the same facts and
circumstances and the same act as did the charge that was
dismissed or reduced.
(2) A community court established pursuant to section 1905.42
of the Revised Code does not have jurisdiction to hear and
determine any prosecution or criminal cause involving a violation
described in division (C)(1)(a)(i) or (ii) of this section if the
person charged with the violation, within six years of the
violation charged, has been convicted of or pleaded guilty to any
violation listed in division (C)(1)(a)(i), (ii), or (iii) of this
section and does not have jurisdiction to hear and determine any
prosecution or criminal cause involving a violation described in
division (C)(1)(b)(i) or (ii) of this section if the person
charged with the violation, within six years of the violation
charged, has been convicted of or pleaded guilty to any violation
listed in division (C)(1)(b)(i), (ii), or (iii) of this section.
(3) If a magistrate of a community court established pursuant
to section 1905.42 of the Revised Code hears a
prosecution
involving a violation of an ordinance of the municipal
corporation the magistrate serves that is substantially equivalent
to division (A) of section 4510.14 or section 4510.16 of the
Revised Code or a violation of division (A) of section 4510.14 or
section 4510.16 of the Revised Code and determines that under
division (C)(2) of this section community courts do not have
jurisdiction of the prosecution, the magistrate immediately shall
transfer the case in accordance with section 1905.45 of the
Revised Code to the county court or municipal court with
jurisdiction over the violation.
(D)(1) A community court established pursuant to section
1905.42 of the Revised Code does not have jurisdiction to hear
and determine any prosecution or criminal use involving any of the
following:
(a) A violation of section 2919.25 or 2919.27 of the Revised
Code;
(b) A violation of section 2903.11, 2903.12, 2903.13,
2903.211, or 2911.211 of the Revised Code that involves a person
who was a family or household member of the defendant at the time
of the violation;
(c) A violation of a municipal ordinance that is
substantially equivalent to an offense described in division
(E)(1)(a) or (b) of this section and that involves a person who
was a family or household member of the defendant at the time of
the violation.
(2) A community court established pursuant to section 1905.42
of the Revised Code does not have jurisdiction to hear and
determine a motion filed pursuant to section 2919.26 of the
Revised Code or filed pursuant to a municipal ordinance that is
substantially equivalent to that section or to issue a protection
order pursuant to that section or a substantially equivalent
municipal ordinance.
(3) A community court established pursuant to section 1905.42
of the Revised Code has jurisdiction to hear and determine all of
the following:
(a) Cases arising under sections 925.21 to 925.32 of the
Revised Code as provided in section 925.31 of the Revised Code;
(b) If the municipal corporation lies within the territory of
an urban township that has a community court, cases within the
subject-matter jurisdiction of the community court of the township
that arise within the municipal corporation;
(c) Cases related to public utilities extending beyond the
limits of a municipal corporation, as provided in section 743.14
of the Revised Code.
(4) The exercise of
jurisdiction by a community court is
subject to the defendant's
right to demand a trial by jury
pursuant to sections 1923.10, 2937.08, and
2938.04 of the Revised
Code.
(E) In keeping a docket and files, a community court shall
be governed by the laws pertaining to municipal courts.
(F) As used in this section, "family or household member"
has the same meaning as in section 2919.25 of the Revised Code.
Sec. 1905.45. (A)(1) If a person who is charged with a
violation of a law, ordinance, or resolution is brought before a
community
court and the violation charged is not within the
jurisdiction of
the court as set forth in section 1905.43 or
1905.44 of the Revised Code, the
court promptly shall transfer
the case to the municipal court,
county court, or court of common
pleas with jurisdiction over the
alleged violation and shall
require the person to post an appearance bond in accordance with
the bond schedule of that court.
(2) If a person who is charged with a violation of a law,
ordinance, or resolution is brought before a community court and
the violation
charged is within the jurisdiction of the court as
set forth in
section 1905.43 or 1905.44 of the Revised Code, the
court, at any time prior
to the final disposition of the case,
may transfer it to the
municipal court, county court, or court of
common pleas with
concurrent jurisdiction over the alleged
violation. If a community
court transfers a case under this
division, the court shall
require the person charged to post an
appearance bond in accordance with the bond schedule of the court
to which the case is transferred.
(B) Upon the transfer of a case by a community court under
division (A) of this section, all of the following apply:
(1) The court shall certify all papers filed in the case,
together with a transcript of all proceedings, accrued costs to
date, and the recognizance given, to the court to which the case
is transferred.
(2) All further proceedings under the charge, complaint,
information, or indictment in the transferred case shall be
discontinued in the community court and shall be conducted in the
court to which the case is transferred in accordance with the
provisions governing proceedings in that court.
(3) If the case is transferred to a municipal court that has
an environmental division and the case is within the jurisdiction
of the environmental division as set forth in division (A)(1) of
section 1901.181 of the Revised Code, the case after the transfer
shall be within the exclusive jurisdiction of the environmental
division of the municipal court to which it is transferred. In all
other situations, the case after the transfer shall be within the
exclusive jurisdiction of the court to which it is transferred.
Sec. 1905.46. A magistrate, clerk, or deputy clerk of a
community court shall not be concerned as counsel or agent in the
prosecution or defense of any case before the court.
Sec. 1905.47. (A) As used in this section, "police officer"
means any of the following:
(1) The chief law enforcement officer of the municipal
corporation in which a community court established pursuant to
section 1905.42 of the Revised Code is located or a law
enforcement officer of that municipal corporation designated by
the chief;
(2) The chief law enforcement officer of the township in
which a community court established under division (B) of section
1905.43 of the Revised Code is located or a law enforcement
officer of that township designated by the chief;
(3) A law enforcement officer of a municipal corporation or
township within the territorial jurisdiction of a community court
created under division (C) of section 1905.43 of the Revised Code
as provided for in the contract creating the court.
(B) A police officer shall attend the
sittings of the
community court to execute the orders and process
of the court
and to preserve order in it. The police officer shall execute and
return all
writs and process directed to the police officer by
the court. The jurisdiction of the police
officer in the
execution of the writs and process of
the court is coextensive
with the county. In
serving the writs and process of the court
and taxing costs on
them, the police officer shall
be governed
by the laws pertaining to constables. The fees of the
court are
the same as those allowed in the municipal court or
county court
within whose jurisdiction the territory of the community court
is
located. There shall be allowed and taxed for services of the
police officer the same fees
and expense as those allowed
constables.
Sec. 1905.48. (A) When two municipal corporations adjoin
each other on opposite sides of the line of any railroad, the
boundary line between the municipal corporations, except where
otherwise established by law, is along the middle of the right of
way of the railroad.
(B) When the line of a railroad adjoins or forms a part of
the boundary line of a municipal corporation and the middle of the
railroad right of way does not form the boundary line under
division (A) of this section, the municipal corporation has
jurisdiction over the entire width of the right of way of the line
of the railroad for the punishment of the violation of the
ordinances of the municipal corporation.
Sec. 1905.49. A magistrate of a community court shall
award
and issue all writs and process that are necessary to
enforce the
administration of justice throughout the territorial jurisdiction
of the court. The magistrate shall subscribe the magistrate's name
to all writs, process,
transcripts, and other official papers.
Sec. 1905.50. A magistrate of a community court shall
suspend in accordance with sections 4510.02, 4510.07, and 4511.19
of the Revised Code the driver's or commercial driver's license or
permit or nonresident operating privilege of any person who is
convicted of or pleads guilty to a violation of division (A) of
section 4511.19 of the Revised Code, of a municipal ordinance
relating to operating a vehicle while under the influence of
alcohol, a drug of abuse, or a combination of them, or of a
municipal ordinance or township resolution relating to operating a
vehicle with a
prohibited concentration of alcohol, a controlled
substance, or a
metabolite of a controlled substance in the whole
blood, blood
serum or plasma, breath, or urine that is
substantially equivalent
to division (A) of section 4511.19 of
the Revised Code. A
magistrate of a community court shall
suspend in accordance with
sections 4510.02, 4510.07, and 4511.19
of the Revised Code the
driver's or commercial driver's license
or permit or nonresident
operating privilege of any person who is
convicted of or pleads
guilty to a violation of division (B) of
section 4511.19 of the
Revised Code or of a municipal ordinance
relating to operating a
vehicle with a prohibited concentration
of alcohol in the whole
blood, blood serum or plasma, breath, or
urine that is
substantially equivalent to division (B) of section
4511.19 of the
Revised Code.
Suspension of a commercial driver's license under this
section shall be concurrent with any period of disqualification or
suspension under section 3123.58 or 4506.16 of the Revised Code.
No person who is disqualified for life from holding a commercial
driver's license under section 4506.16 of the Revised Code shall
be issued a driver's license under Chapter 4507. of the Revised
Code during the period for which the commercial driver's license
was suspended under this section, and no person whose commercial
driver's license is suspended under this section shall be issued a
driver's license under Chapter 4507. of the Revised Code during
the period of the suspension.
Sec. 1905.51. Each magistrate of a community court shall
keep
a docket. A magistrate shall not retain or receive for the
magistrate's own use any of the fines, forfeitures, fees, or costs
the magistrate collects. A magistrate shall account for and
dispose of all fines, forfeitures, fees, and costs the magistrate
collects as provided in section 733.40 of the Revised Code.
A magistrate of a community court shall be paid a fixed
annual salary that the legislative authority of the municipal
corporation provides under sections 731.08 and 731.13 of the
Revised Code or that the legislative authority of the township
provides under section 504.04 of the Revised Code.
A magistrate of a community court shall keep an office that
is provided by the legislative authority of the municipal
corporation or township at a convenient place in the municipal
corporation or township.
The municipal corporation or township shall pay the costs of
operating the community court.
Sec. 1905.52. (A) Any party to an action in a
community
court may file written objections to the magistrate's
decision
with the clerk of the court in accordance with Civil Rule 53.
(B) Any appeal from a decision of a judge made pursuant to an
objection filed under division (A) of this section shall be
taken
to the court of appeals of the appellate district in which
the
community court is located.
(C) Within ten days from the time a judge renders a decision
and
judgment, the appellant shall file with the community court a
written notice of appeal designating the order or judgment
appealed from and the court to which the appeal is taken. All
further proceedings in the community court shall be stayed from
the time of filing the notice of appeal.
(D) Upon the filing of the notice of appeal, the clerk of the
community court shall deliver the certified transcript of the
proceedings, the original
papers used on the trial, the written
objections
to the magistrate's decision, and the decision of the
judge on
review to the court to which the appeal is taken
within
fifteen days from the rendition of the decision and judgment
appealed
from. Upon receipt of the transcript and papers, the
clerk of the
court of appeals shall file them and docket the
appeal.
Sec. 1905.53. A community court magistrate presiding at any
trial under this chapter may punish contempts and compel the
attendance of witnesses.
Sec. 1905.54. (A) When a fine is the whole or part of a
sentence, a community court may order the person sentenced to
remain confined in a county jail or workhouse of the
municipal
corporation until the fine is paid or secured to be paid
or the
offender is legally discharged if the offender is
financially
able to pay the fine and refuses to do so.
(B) When a fine imposed for the violation of an ordinance of
a municipal corporation or a resolution of a township is not paid,
the party convicted may by
order of the magistrate of the
community court or other proper
authority or on process issued
for the purpose be committed until
the fine and the costs of
prosecution are paid or until the party
convicted is legally
discharged if the offender is financially
able to pay the fine
and refuses to do so.
Sec. 1905.55. Fines, penalties, and forfeitures may in all
cases and in addition to any other mode provided be recovered by
action before any judge of a county court or any other court
of
competent jurisdiction in the name of the proper municipal
corporation or township and for its use. In any action in which a
pleading is
necessary, it is sufficient if the petition sets
forth generally
the amount claimed to be due in respect to the
violation of the
ordinance of the municipal corporation or
resolution of the township. The petition shall refer
to the title
of the ordinance or resolution, state the date of its adoption or
passage, and show as near as is practicable the true time of the
alleged violation.
Sec. 1905.56. Imprisonment under the ordinances of a
municipal corporation or resolutions of a township shall be in the
workhouse or other jail of
the municipal corporation or township.
Any municipal corporation or township not provided
with a
workhouse or other jail may for the purpose of imprisonment
use
the county jail at the expense of the municipal corporation or
township
until the municipal corporation or township is provided
with a prison, house
of correction, or workhouse. Persons so
imprisoned in the county
jail are under the charge of the
sheriff. The sheriff shall
receive and hold the persons in the
manner prescribed by the
ordinances of the municipal corporation
or resolutions of the township until the persons are
legally
discharged.
Sec. 1905.57. If, by the attorney general's own inquiries
or
as a result of complaints, the attorney general has reasonable
cause to believe that a mayor, municipal corporation, or other
person is operating a mayor's court or community court that is not
authorized by the Revised Code, the attorney general may bring an
action in the court of common pleas of the county in which the
mayor's court or community court is located to enjoin the
operation of the mayor's court or community court.
Sec. 1907.012. In addition to other jurisdiction granted a
county court in
the Revised Code, a county court has jurisdiction
over violations of township
resolutions adopted pursuant to
section 503.52 or 503.53 or Chapter 504. of the Revised Code. For
procedural purposes, a case in which a person is charged with the
violation of
a township resolution shall be treated as a civil
case, except as otherwise
provided in the Revised Code and except
that a violation of a township resolution that is adopted pursuant
to section 503.52 or 503.53 or division (E) of section 504.04 of
the Revised Code and that creates a criminal offense or imposes
criminal penalties shall be treated as a criminal case.
Sec. 1907.25. The sheriff of the county in which a county
court is located, or a deputy sheriff of that county designated by
the sheriff, shall attend the sittings of the county court to
execute the orders and process of the court and to preserve order
in it. The sheriff or deputy sheriff shall execute and return all
writs and process directed to the sheriff or deputy sheriff by the
court. The jurisdiction of the sheriff or deputy sheriff in the
execution of the writs and process of the court is coextensive
with the county in criminal cases and in cases of violations of
ordinances of a municipal corporation.
Sec. 1923.01. (A) As provided in this chapter, any judge
of
a county or municipal court or a court of common pleas or
magistrate of a community court, within
the
judge's or
magistrate's proper area of jurisdiction, may inquire about
persons
who
make unlawful and forcible entry into lands or
tenements and
detain them, and about persons who make a lawful and
peaceable
entry into lands or tenements and hold them unlawfully
and by
force. If, upon
the inquiry, it is found that an unlawful
and
forcible entry has been made and the lands or tenements are
detained, or that, after a lawful entry, lands or tenements are
held unlawfully and by force, a judge or magistrate shall cause
the plaintiff
in
an action under this chapter to have restitution
of the lands
or
tenements.
(B) An action shall be brought under this chapter within
two
years after the cause of action accrues.
(C) As used in this chapter:
(1) "Tenant" means a person who is entitled under a rental
agreement to the use or occupancy of premises, other than
premises
located in a manufactured home park, to the exclusion of others,
except that as used in division (A)(6) of section 1923.02 and
section 1923.051 of the Revised Code, "tenant" includes a
manufactured home park resident.
(2) "Landlord" means the owner, lessor, or sublessor of
premises,
or the agent or person the landlord authorizes to manage
premises or to receive rent from a tenant under a rental
agreement, except, if required by the facts of the action to
which
the term is applied, "landlord" means a park operator.
(3) "Resident" has the
same meaning as in section 3733.01 of
the Revised Code.
(4) "Residential premises" has the same meaning as in
section
5321.01 of the Revised Code, except, if required by the
facts of
the action to which the term is applied, "residential
premises"
has the same meaning as in section 3733.01 of the
Revised Code.
(5) "Rental agreement" means any agreement or lease,
written
or oral, that establishes or modifies the terms,
conditions,
rules, or
other provisions concerning the use or
occupancy of
premises by one of the parties to the agreement or
lease, except
that "rental agreement," as used in division
(A)(13) of
section
1923.02 of the Revised Code and where the
context requires
as used
in this chapter, means a rental
agreement as defined in
division
(D) of section 5322.01 of the
Revised Code.
(6) "Controlled substance" has the same meaning as in
section
3719.01 of the Revised Code.
(7) "School premises" has the same meaning as in section
2925.01 of the Revised Code.
(8) "Sexually oriented offense" and "child-victim oriented
offense" have the same meanings as in
section 2950.01 of the
Revised Code.
(9) "Recreational vehicle" and "mobile home" have the
same
meanings as in section 4501.01 of the Revised Code.
(10) "Manufactured home" has the same meaning as in section
3781.06 of the Revised Code.
(11) "Manufactured home park" has the same meaning as in
section 3733.01 of the Revised Code and also means any tract of
land upon which one or two manufactured or mobile homes used for
habitation are parked, either free of charge or for revenue
purposes, pursuant to rental agreements between the owners of the
manufactured or mobile homes and the owner of the tract of land.
(12) "Park operator" has the same meaning as in section
3733.01 of the Revised Code and also means a landlord of premises
upon which one or two manufactured or mobile homes used for
habitation are parked, either free of charge or for revenue
purposes, pursuant to rental agreements between the owners of the
manufactured or mobile homes and a landlord who is not licensed as
a manufactured home park operator pursuant to Chapter 3733. of the
Revised Code.
(13) "Personal property" means tangible personal property
other than a manufactured home, mobile home, or recreational
vehicle that is the subject of an action under this chapter.
(14) "Preschool or child day-care center premises" has the
same meaning as in section 2950.034 of the Revised Code.
Sec. 1923.02. (A) Proceedings under this chapter may be
had
as follows:
(1) Against tenants or manufactured home park residents
holding over their terms;
(2) Against tenants or manufactured home park residents in
possession under an oral tenancy, who are in default in the
payment of rent as provided in division (B) of this section;
(3) In sales of real estate, on executions, orders, or
other
judicial process, when the judgment debtor was in
possession at
the time of the rendition of the judgment or
decree, by virtue of
which
the sale was made;
(4) In sales by executors, administrators, or guardians,
and
on partition, when any of the parties to the complaint were
in
possession at the commencement of the action, after
the
sales, so
made on execution or otherwise, have been examined by
the proper
court and adjudged legal;
(5) When the defendant is an occupier of lands or
tenements,
without color of title, and the complainant has the
right of
possession to them;
(6) In any other case of the unlawful and forcible
detention
of lands or tenements. For purposes of this division,
in addition
to any other type of unlawful and forcible detention
of lands or
tenements, such a detention may be determined to
exist when both
of the following apply:
(a) A tenant fails to vacate residential premises within
three days after both of the following occur:
(i)
The tenant's landlord has actual knowledge of or has
reasonable
cause to believe that the tenant, any person in the
tenant's
household, or any person on the premises with the consent
of the
tenant previously has or presently is engaged in a
violation of
Chapter 2925. or 3719. of the Revised Code, or of a
municipal
ordinance or township resolution that is substantially
similar to any section
in either
of those chapters, which involves
a controlled substance
and
which occurred in, is occurring in, or
otherwise was or is
connected with the premises, whether or not
the tenant or other
person has been charged with, has pleaded
guilty to or been
convicted of, or has been determined to be a
delinquent child for
an act that, if committed by an adult, would
be a violation as
described in this division. For purposes of this
division, a
landlord has "actual knowledge of or has reasonable
cause to
believe" that a tenant, any person in the tenant's
household, or
any person on the premises with the consent of the
tenant
previously has or presently is engaged in a violation as
described
in this division if a search warrant was issued
pursuant
to
Criminal Rule 41 or Chapter 2933. of the Revised
Code; the
affidavit presented to obtain the warrant named or
described the
tenant or person as the individual to be searched
and particularly
described the tenant's premises as the place to
be searched, named
or described one or more controlled substances
to be searched for
and seized, stated substantially the offense
under Chapter 2925.
or 3719. of the Revised Code or the
substantially similar
municipal ordinance or township resolution that occurred in, is
occurring in, or
otherwise was or is connected with the tenant's
premises, and
states the factual basis for the affiant's belief
that the
controlled substances are located on the tenant's
premises; the
warrant was properly executed by a law enforcement
officer and any
controlled substance described in the affidavit
was found by that
officer during the search and seizure; and,
subsequent to the
search and seizure, the landlord was informed
by
that or another
law enforcement officer of the fact that the
tenant or person has
or presently is engaged in a violation as
described in this
division and it occurred in, is occurring in,
or
otherwise was or
is connected with the tenant's premises.
(ii) The landlord gives the tenant the notice required by
division (C) of section 5321.17 of the Revised Code.
(b) The court determines, by a preponderance of the
evidence,
that the tenant, any person in the tenant's household,
or any
person on the premises with the consent of the tenant
previously
has or presently is engaged in a violation as
described
in
division (A)(6)(a)(i) of this section.
(7) In cases arising out of Chapter 5313. of the Revised
Code. In
those cases, the court has the authority to declare
a
forfeiture of the vendee's rights under a land installment
contract and to grant any other claims arising out of the
contract.
(8) Against tenants who have breached an obligation that
is
imposed by section 5321.05 of the Revised Code, other than the
obligation specified in division (A)(9) of that section, and that
materially affects health and safety. Prior to the commencement
of
an action under this division, notice shall be given to the
tenant
and compliance secured with section 5321.11 of the Revised
Code.
(9) Against tenants who have breached an obligation
imposed
upon them by a written rental agreement;
(10) Against manufactured home park residents who have
defaulted in the payment of rent or breached the terms of a
rental
agreement with a park operator. Nothing in
this
division
precludes the commencement of an action under
division
(A)(12) of
this section when the additional circumstances
described in that
division apply.
(11) Against manufactured home park residents who have
committed two material violations of the rules of the
manufactured
home park, of the public health council, or of
applicable state
and local health and safety codes and who have
been notified of
the violations in compliance with section
3733.13 of the Revised
Code;
(12)
Against a manufactured home park resident, or the estate
of a manufactured home park resident, who as a result of death or
otherwise has been absent from the
manufactured home park for a
period of thirty consecutive days
prior to the commencement of an
action under this division and
whose manufactured home or mobile
home, or recreational vehicle
that is parked in the manufactured
home park, has been left
unoccupied for
that thirty-day period,
without notice to the park
operator and
without payment of rent
due under the rental
agreement with the
park operator;
(13) Against occupants of self-service storage facilities,
as
defined in division (A) of section 5322.01 of the Revised
Code,
who have breached the terms of a rental agreement or
violated
section 5322.04 of the Revised Code;
(14) Against any resident or occupant who, pursuant to a
rental
agreement, resides in or occupies residential premises
located within one thousand feet of any school premises or
preschool or child day-care center premises and to
whom both of
the
following apply:
(a) The resident's or occupant's name appears
on the
state
registry of
sex offenders and child-victim offenders maintained
under section
2950.13 of
the Revised
Code.
(b) The state registry of sex offenders and child-victim
offenders indicates that the
resident or occupant was convicted of
or pleaded guilty to a
sexually oriented
offense or a
child-victim oriented offense in a criminal prosecution and was
not
sentenced to a
serious youthful offender dispositional
sentence
for that offense.
(15) Against any tenant who permits any person to occupy
residential premises located within one thousand feet of
any
school premises or preschool or child day-care center premises if
both of the following apply to the person:
(a) The person's name appears on the state registry of
sex
offenders and child-victim offenders maintained under section
2950.13 of the Revised
Code.
(b) The state registry of sex offenders and child-victim
offenders indicates that
the person was convicted of or pleaded
guilty to a sexually
oriented offense or a child-victim
oriented
offense in a criminal prosecution and was not sentenced
to a
serious youthful offender dispositional sentence for that
offense.
(B) If a tenant or manufactured home park resident holding
under an oral tenancy is in default in the payment of rent,
the
tenant or resident
forfeits
the right of occupancy, and the
landlord may, at
the landlord's
option, terminate the tenancy
by
notifying the tenant
or resident, as
provided in section
1923.04
of the Revised Code, to leave the
premises, for the
restitution of
which an action may then be
brought under this
chapter.
(C)(1) If a tenant or any other person with the tenant's
permission resides in or occupies residential premises that are
located
within one thousand feet of any school premises and is a
resident or occupant of
the type described in division (A)(14) of
this section or a person of the type described in division (A)(15)
of this section, the
landlord for those
residential premises, upon
discovery that the
tenant or other person is a resident,
occupant,
or person of that nature, may
terminate the rental
agreement or
tenancy for those residential premises by
notifying
the tenant and
all other occupants,
as provided in section 1923.04
of the
Revised
Code, to leave the
premises.
(2) If a landlord is authorized to terminate a rental
agreement or tenancy pursuant to division (C)(1) of this section
but does not
so terminate the rental agreement or tenancy, the
landlord
is not liable in a
tort or other civil action in damages
for
any injury, death, or loss
to person or property that
allegedly result
from that decision.
(D) This chapter does not apply to a student tenant as
defined by division
(H) of section 5321.01 of the Revised Code
when the college or university
proceeds to terminate a rental
agreement pursuant to section 5321.031 of the
Revised Code.
Sec. 1923.10. (A) If a jury is demanded by either party in an
action under this
chapter, until the impaneling of the jury, the
proceedings shall be in all
respects as in other cases. The jury
shall be sworn to try and determine
whether the complaint, naming
the plaintiff, about to be presented to them, is
true according to
the evidence. If the jury finds that the complaint is true,
it
shall render a general verdict against the defendant. If the jury
finds
that the complaint is not true, it shall render a general
verdict in favor of
the defendant. If the jury finds that the
complaint is true in part, it shall
render a verdict setting forth
the facts that it finds are true.
(B) If a jury is demanded by either party in an action in
this chapter in a community court, the court promptly shall
transfer the case to the municipal court or county court with
jurisdiction over the action. Upon the transfer of the case, the
court shall certify all papers filed in the case, together with a
transcript of all proceedings and accrued costs to date, to the
court to which the case is transferred. All further proceedings in
the transferred case shall be discontinued in the community court
and shall be conducted in the court to which the case is
transferred in accordance with division (A) of this section and
the provisions governing proceedings in that court.
Sec. 2152.021. (A)(1) Subject to division (A)(2) of
this
section, any person having knowledge of a child who
appears to be
a juvenile traffic offender or to be a delinquent
child may file a
sworn complaint with respect to that child in the juvenile
court
of the county in which the child has a residence or legal
settlement or
in which the traffic offense or delinquent act
allegedly occurred. The sworn
complaint may be upon information
and belief, and, in addition to
the allegation that the child is a
delinquent child or a juvenile
traffic offender, the complaint
shall allege the particular facts
upon which the allegation that
the child is a delinquent child or
a juvenile traffic offender is
based.
If a child appears to be a delinquent child who is eligible
for a
serious youthful offender dispositional sentence under
section 2152.11
of the Revised Code and if the prosecuting
attorney
desires to
seek a serious youthful offender dispositional
sentence under section 2152.13
of the
Revised Code in regard to
the
child, the prosecuting attorney of the county in
which the
alleged
delinquency occurs may initiate a case in the juvenile
court of
the county by presenting the case to a grand jury for
indictment,
by charging the child
in a bill of information as a
serious youthful offender
pursuant to section 2152.13 of the
Revised
Code, by requesting a serious
youthful offender
dispositional sentence in the original complaint alleging
that the
child is a
delinquent child, or by filing with the juvenile court
a written notice of
intent to seek a serious
youthful offender
dispositional sentence.
(2) Any person having knowledge of a child who appears to be
a
delinquent child for being an habitual or chronic truant may
file a sworn
complaint with respect to
that child and the parent,
guardian, or other person having care
of the child in the juvenile
court of the county in which the
child has a residence or legal
settlement or in which the child is
supposed to attend public
school. The sworn complaint may be upon
information and belief and
shall contain the following
allegations:
(a) That the child is a delinquent child for being a chronic
truant or an habitual truant who previously has been adjudicated
an unruly
child for being a habitual
truant and, in addition, the
particular facts upon which that
allegation is based;
(b) That the parent, guardian, or other person having care of
the
child has failed to cause the child's attendance at school in
violation
of section 3321.38 of the Revised Code and, in addition,
the particular facts upon which that allegation is based.
(B) Any person with standing under applicable law may file a
complaint for the determination of any other matter over which the
juvenile
court is given jurisdiction by section 2151.23 of
the
Revised Code. The complaint shall be filed in the
county in
which
the child who is the subject of the complaint is found or was last
known to be found.
(C) Within ten days after the filing of a complaint or the
issuance of an indictment, the court
shall give written notice of
the filing of the complaint or the issuance of an
indictment and
of the substance of the complaint or indictment to the
superintendent of a city,
local, exempted village, or joint
vocational school district if
the complaint or indictment alleges
that a child committed an act that would
be
a criminal offense if
committed by an adult, that the child was
sixteen years of age or
older at the time of the commission of the
alleged act, and that
the alleged act is any of the following:
(1) A violation of section 2923.122 of the Revised Code
that
relates to property owned or controlled by, or to an activity held
under
the auspices of, the board of education of that school
district;
(2) A violation of section 2923.12 of the Revised Code,
of a
substantially similar municipal ordinance or township resolution,
or of section 2925.03
of the
Revised Code that was committed on
property owned or
controlled by, or at an activity held under the
auspices of, the
board of
education of that school district;
(3) A violation of section 2925.11 of the Revised Code
that
was
committed on property owned or controlled by, or at an
activity held under the
auspices of, the board of education of
that school district, other than a
violation of that section that
would be a minor drug possession
offense if
committed by an adult;
(4) A violation of section 2903.01, 2903.02, 2903.03,
2903.04,
2903.11, 2903.12, 2907.02, or 2907.05 of the Revised
Code,
or a
violation of former section 2907.12 of the Revised
Code,
that was
committed on property owned or controlled by, or at
an activity held under the auspices of, the board of education of
that school
district, if the victim at the time of the commission
of the
alleged act was an employee of the board of education of
that
school district;
(5) Complicity in any violation described in division
(C)(1),
(2), (3), or (4) of this section that was alleged to have
been
committed
in the manner described in division (C)(1), (2),
(3), or
(4) of this section, regardless of whether the act of
complicity
was committed
on property
owned or controlled by, or at
an
activity held under the auspices of, the
board of education
of
that school district.
(D) A public children services agency, acting pursuant to a
complaint or an action on a complaint filed under this section, is
not
subject to the requirements of section 3127.23 of the
Revised
Code.
(E) For purposes of the record to be maintained by the clerk
under division (B) of section 2152.71 of the Revised
Code, when a
complaint is filed that alleges that a child is a delinquent
child, the court shall determine if the victim of the alleged
delinquent act was sixty-five years of age or older or permanently
and totally disabled at the time of the alleged commission of the
act.
Sec. 2152.03. When a child is arrested under any
charge,
complaint, affidavit, or indictment for a felony or a
misdemeanor,
proceedings regarding the child
initially shall be
in the juvenile
court in accordance with this chapter. If the
child is taken
before a judge of a county court, a mayor magistrate of a
community court, a judge of
a municipal
court, or a judge of a
court of common pleas
other
than a juvenile
court, the judge of
the county court,
mayor magistrate of the community court, judge
of the
municipal court, or judge of the court of common pleas
shall
transfer the case to the juvenile court, and, upon the
transfer,
the
proceedings shall be in accordance with this
chapter. Upon
the
transfer, all further proceedings under the
charge, complaint,
information, or indictment shall be
discontinued in the court of
the judge of the county court, mayor
magistrate of the community court, municipal judge, or
judge of
the court of common pleas other than a juvenile court subject to
section
2152.12 of the Revised Code.
The
case relating to the
child then shall be within
the
exclusive jurisdiction of the
juvenile court, subject to section
2152.12
of the Revised Code.
Sec. 2152.16. (A)(1) If a child is adjudicated a delinquent
child for committing an act that would be a felony if committed by
an adult,
the
juvenile court may commit the child to the legal
custody of the department of
youth services for secure confinement
as follows:
(a) For an act that would be aggravated murder or murder if
committed by an adult, until the offender
attains twenty-one years
of age;
(b)
For a violation of section
2923.02 of the Revised Code
that involves an attempt to
commit an act that would be aggravated
murder
or murder if committed by an adult, a minimum period of six
to seven years as
prescribed by the court
and a maximum period not
to exceed the child's attainment of
twenty-one years of age;
(c)
For a violation of section 2903.03, 2905.01, 2909.02, or
2911.01 or
division (A) of section 2903.04 of the Revised Code
or
for
a violation of any provision of section 2907.02 of the Revised
Code
other than division (A)(1)(b) of that section when
the sexual
conduct or insertion involved was consensual and when the victim
of the
violation of division (A)(1)(b) of that section was older
than the
delinquent child, was
the same age as the delinquent
child, or was less than three years younger
than the
delinquent
child, for an indefinite term consisting of a minimum period of
one
to three
years, as prescribed by the court, and a maximum
period not to
exceed the child's attainment of twenty-one years of
age;
(d) If the child is adjudicated a delinquent child for
committing
an act that is not described in division (A)(1)(b) or
(c) of this
section and that would be a felony of the first or
second degree if committed
by an adult, for an indefinite term
consisting of a minimum period of one year and a maximum period
not to exceed
the child's attainment of
twenty-one years of age.
(e) For committing an act that would be a felony of the
third,
fourth, or fifth degree if committed by an adult or for a
violation of
division (A) of section 2923.211 of the Revised
Code,
for
an indefinite term consisting of a minimum period of six
months and a
maximum period not to exceed the child's attainment
of twenty-one years
of age.
(2) In each case in which a court makes a disposition under
this
section, the court retains control over the commitment for
the minimum
period specified by the court in divisions
(A)(1)(a)
to (e) of this section.
During the
minimum period, the
department
of youth services shall not
move the child
to a
nonsecure setting
without the permission of the court
that
imposed
the disposition.
(B)(1) Subject to division (B)(2) of this section, if a
delinquent child is committed to the department of
youth
services
under this section, the department may release the
child at any
time
after the
minimum period
specified by the court
in division
(A)(1) of this section ends.
(2) A commitment under this section is subject to a
supervised release or to a discharge of the child from the custody
of the department for medical reasons pursuant to section 5139.54
of the Revised Code, but, during the minimum
period specified by
the court in division (A)(1) of this section,
the department shall
obtain court approval of a supervised
release or discharge under
that section.
(C) If a child is adjudicated a delinquent child, at the
dispositional hearing and prior to making any disposition pursuant
to this
section, the court shall determine whether the
delinquent
child previously has been adjudicated a delinquent
child for a
violation of a law or, ordinance, or resolution. If the delinquent
child
previously has been adjudicated a delinquent child for a
violation
of a law or, ordinance, or resolution, the court, for
purposes of entering an
order of disposition of the delinquent
child under this section,
shall consider the previous delinquent
child adjudication as a
conviction of a violation of the law or,
ordinance, or resolution in determining
the degree of the offense
the current act would be had it been
committed by an adult. This
division also shall apply in relation
to the imposition of any
financial sanction under section 2152.19
of the Revised Code.
Sec. 2152.18. (A) When a juvenile court commits a
delinquent
child to the custody of the department of youth
services pursuant
to this chapter, the court shall not designate
the specific
institution in which the department is to place the
child but
instead shall specify that the child is to be
institutionalized in
a secure facility.
(B) When a juvenile court commits a delinquent child to the
custody of the department of youth services pursuant to this
chapter, the
court shall state in the order of commitment the
total
number of days that the child has been held in detention in
connection with the delinquent child complaint upon which the
order of commitment is based. The department shall reduce the
minimum period
of institutionalization that was ordered by both
the total
number of days that the child has been so held in
detention as stated by the
court in the order of commitment and
the total number of any additional days
that the child has been
held in detention subsequent to the order
of commitment but prior
to the transfer of physical custody of the
child to the
department.
(C)(1) When a juvenile court commits a delinquent child to
the
custody of the department of youth services pursuant to this
chapter, the
court shall
provide the department with the child's
medical records, a copy of
the report of any mental examination of
the child ordered by the
court, the Revised Code section or
sections the child
violated and the degree of each violation, the
warrant to convey the child to
the department, a copy of the
court's journal entry ordering the
commitment of the child to the
legal custody of the department, a copy of the
arrest record
pertaining to the act for which the child was
adjudicated a
delinquent child, a copy of any victim impact
statement pertaining
to the act, and any other information
concerning the child that
the department reasonably requests. The
court also shall complete
the form for the standard predisposition
investigation report that
the department furnishes pursuant to
section 5139.04 of the
Revised Code and provide the
department with the completed form.
The department may refuse to accept physical custody of a
delinquent child who is committed to the legal custody of the
department until the court provides to the department the
documents specified in this division. No officer or employee of
the department who refuses to accept physical custody of a
delinquent child who is committed to the legal custody of the
department shall be subject to prosecution or contempt of court
for the refusal if the court fails to provide the documents
specified in this division at the time the court transfers the
physical custody of the child to the department.
(2) Within twenty working days after the department of youth
services receives physical custody of a delinquent child from a
juvenile
court, the court shall provide the department with a
certified copy of
the child's birth certificate and the child's
social security
number or, if the court made all reasonable
efforts to obtain the
information but was unsuccessful, with
documentation of the
efforts it made to obtain the information.
(3) If an officer is preparing pursuant to section 2947.06
or
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence
investigation report pertaining to a person, the department shall
make available to the officer, for use in preparing the report,
any records or reports it possesses regarding that person that it
received from a juvenile court pursuant to division (C)(1) of this
section or that pertain to the treatment of that person after the
person was committed to the custody of the department as a
delinquent child.
(D)(1) Within ten days after an adjudication that a
child is
a delinquent child, the court shall give written notice
of the
adjudication to the superintendent of a city, local,
exempted
village, or joint vocational school district, and to the principal
of
the school the child attends, if the basis
of the adjudication
was the commission of an act that would be a
criminal offense if
committed by an adult, if the act was
committed by the delinquent
child when the child was fourteen years of age or
older, and if
the act is any of the following:
(a) An act that would be a felony or an offense of violence
if
committed by an adult, an act in the commission of which the
child used or
brandished a firearm, or an
act that is a violation
of section
2907.06, 2907.07, 2907.08, 2907.09,
2907.24,
or
2907.241 of the Revised Code and that would be
a misdemeanor if
committed by an adult;
(b) A violation of section 2923.12 of the Revised
Code or of
a substantially similar municipal ordinance or township resolution
that would be
a
misdemeanor if committed by an adult and that was
committed on
property owned or controlled by, or at an activity
held under the
auspices of, the board of education of that school
district;
(c) A violation of division (A) of section 2925.03 or
2925.11
of the Revised Code that would be a misdemeanor if
committed by an
adult, that was committed on property
owned or
controlled by, or
at an activity held under the auspices of, the
board of education
of that school district, and that is not a
minor
drug possession
offense;
(d) An act that would be a criminal offense if committed by
an
adult and that results in serious physical harm to persons or
serious physical
harm to property while
the child is at school, on
any other property owned or controlled
by the board, or at an
interscholastic competition, an
extracurricular event, or any
other school program or activity;
(e) Complicity in any violation described in division
(D)(1)(a),
(b), (c), or (d)
of this
section that was alleged to
have
been committed in the manner described in division
(D)(1)(a),
(b), (c), or
(d)
of this section, regardless of whether the act of
complicity was committed on property owned or controlled by, or at
an activity
held under the auspices of, the board of
education of
that school district.
(2)
The notice given pursuant to
division
(D)(1) of this
section shall include the name of the
child who was adjudicated to
be a delinquent child, the child's age at the
time the child
committed the act that was the
basis of the adjudication, and
identification of the violation of
the law or ordinance that was
the basis of the adjudication.
(3)
Within fourteen days after committing a delinquent child
to
the custody of the department of youth services, the court
shall
give notice to the school attended by the child of the
child's
commitment by sending to that school a copy of the court's
journal
entry ordering the commitment. As soon as possible after
receipt
of the notice described in this division, the school shall
provide
the department with the child's school transcript.
However, the
department shall not refuse to accept a child
committed to it, and
a child committed to it shall not be held in
a county or district detention
facility, because of a school's
failure to provide the school transcript that
it
is required to
provide under this division.
(4) Within fourteen days after discharging or releasing a
child from an
institution under its control, the department of
youth services
shall
provide the court and the superintendent of
the school district in which the child is entitled to attend
school under section 3313.64 or 3313.65 of the Revised Code with
the following:
(a) An updated copy of the
child's
school transcript;
(b) A report outlining the child's behavior in school while
in the custody of the department;
(c) The child's current individualized education program, as
defined in section 3323.01 of the Revised Code, if such a program
has been developed for the child;
(d) A summary of the institutional
record of the
child's
behavior.
The department also shall provide the court
with a copy of
any portion
of the child's
institutional record
that the court
specifically requests, within five
working days of
the request.
(E) At any hearing at which a child is adjudicated a
delinquent
child or as soon as possible after the hearing, the
court shall notify all
victims of the delinquent act who may be
entitled to a
recovery under any of the following sections of the
right of the
victims to recover, pursuant to section 3109.09 of
the Revised
Code, compensatory damages from the child's parents;
of the right of
the victims to recover,
pursuant to section
3109.10 of the Revised Code,
compensatory
damages from the child's
parents for willful and malicious
assaults committed by the child;
and of the right of the victims
to recover an award of reparations
pursuant to sections 2743.51 to
2743.72 of the Revised Code.
Sec. 2152.21. (A) Unless division (C) of this
section
applies, if a child is adjudicated a juvenile traffic offender,
the court may make any of the following orders of disposition:
(1) Impose costs and one or more financial sanctions
in
accordance with section
2152.20 of the Revised Code;
(2)
Suspend the child's
driver's license, probationary
driver's license, or temporary
instruction
permit
for a definite
period not exceeding two years or
suspend the
registration of
all
motor vehicles registered in the name of
the
child for a
definite
period not exceeding two years.
A child
whose
license
or permit
is so suspended is ineligible for issuance
of a license
or
permit
during the period of suspension. At the
end of the
period of
suspension, the child shall not be reissued a
license or
permit
until the
child
has paid any applicable
reinstatement fee
and
complied with all requirements
governing
license
reinstatement.
(3) Place the child on community control;
(4) If the child is adjudicated a juvenile traffic offender
for an act other than an act that would be a minor misdemeanor if
committed by an adult and other than an act that could be disposed
of by the juvenile traffic violations bureau serving the court
under Traffic Rule 13.1 if the court has established a juvenile
traffic violations bureau, require the child to make restitution
pursuant to division (A)(3) of section 2152.20 of the Revised
Code;
(5)(a) If the child is adjudicated a juvenile traffic
offender for committing a violation of division (A) of
section
4511.19 of the Revised Code or of a municipal ordinance or
township resolution
that is
substantially equivalent to that
division,
commit the
child, for
not longer than five days, to
either of the following:
(i)
The temporary custody of
a detention facility or
district
detention
facility established under
section 2152.41 of
the
Revised Code;
(ii)
The temporary
custody
of any school, camp,
institution,
or other facility for children
operated in whole or
in part for
the care of juvenile
traffic offenders of that nature
by the
county, by a district organized
under section
2151.65 or 2152.41
of the Revised Code,
or by a private
agency or
organization within
the state that is authorized and
qualified to
provide the care,
treatment, or placement required.
(b) If an order
of disposition committing a child to the
temporary custody of a home, school,
camp, institution, or other
facility of that nature is
made under division (A)(5)(a) of this
section, the length
of the commitment shall
not be reduced or
diminished as a credit for any time that the child
was held in a
place of detention or shelter care, or otherwise
was detained,
prior to entry of the order of disposition.
(6) If, after making a disposition under divisions (A)(1)
to
(5) of this section, the court finds upon further
hearing that
the
child has failed to comply with the orders of the court and
the
child's operation of a motor vehicle constitutes the
child a
danger to
the child and to others, the court may make any
disposition
authorized by divisions (A)(1),
(4),
(5), and
(8) of
section 2152.19 of the Revised Code, except that the
child may
not
be committed to or placed in a secure correctional
facility
unless
authorized
by division (A)(5) of this section, and
commitment to
or
placement in
a detention facility may not exceed
twenty-four
hours.
(B) If a child is adjudicated a juvenile traffic offender
for
violating division (A) or (B) of section
4511.19 of the
Revised
Code, in addition to any order of disposition made
under
division
(A) of this section, the court shall
impose a
class six
suspension
of the
temporary instruction permit,
probationary
driver's
license, or
driver's license
issued to the
child
from
the
range
specified in division (A)(6) of section 4510.02 of the
Revised
Code. The court, in its discretion, may terminate the
suspension
if the
child attends and
satisfactorily completes a
drug abuse or
alcohol abuse
education,
intervention, or treatment
program
specified by the court. During
the time the child is
attending
a
program
as described in this division, the court
shall
retain
the
child's
temporary instruction permit,
probationary driver's
license, or driver's license issued, and
the
court shall return
the
permit or
license
if it terminates the
suspension as described
in this division.
(C) If a child is adjudicated a juvenile traffic offender
for
violating division (B)(1)
of section 4513.263 of
the
Revised
Code,
the court shall impose the appropriate fine set
forth in
division
(G) of that section.
If a child is
adjudicated a
juvenile
traffic
offender for
violating
division
(B)(3) of section
4513.263
of the
Revised Code
and if
the child is
sixteen years of
age or
older,
the court shall
impose
the fine set
forth in
division
(G)(2) of
that section. If
a child is adjudicated a
juvenile
traffic
offender for violating
division (B)(3) of section
4513.263
of the
Revised Code and if the
child is under sixteen
years of
age,
the
court shall not impose a
fine but may place the
child on
probation
or community control.
(D) A juvenile traffic offender is subject to sections
4509.01 to 4509.78 of the Revised Code.
Sec. 2152.41. (A) Upon the recommendation of the judge,
the
board
of county commissioners shall provide, by purchase,
lease,
construction, or otherwise, a detention
facility that
shall be
within a convenient distance of the
juvenile
court. The
facility
shall not be used for the
confinement of adults charged
with
criminal offenses. The facility may be
used to detain
alleged
delinquent children until
final disposition for
evaluation
pursuant to section 2152.04
of the Revised Code, to
confine
children who are adjudicated delinquent children and
placed in the
facility pursuant to division (A)(3) of section
2152.19 of the
Revised Code, and
to confine
children
who are
adjudicated
juvenile
traffic offenders
and committed to the
facility under
division
(A)(5) or (6) of section 2152.21 of the
Revised Code.
(B) Upon the joint recommendation of the
juvenile judges of
two or
more neighboring counties, the boards of county
commissioners of the counties shall form themselves into a joint
board and proceed to organize a district for the establishment
and
support of a detention facility for the use of the
juvenile
courts
of those counties, in which alleged delinquent children may
be
detained as provided in division
(A) of this section, by using
a
site or buildings
already established in one of the counties or
by
providing for
the purchase of a site and the erection of the
necessary
buildings on the site.
A child who is adjudicated to be a juvenile traffic
offender
for having committed a violation of division (A) of
section
4511.19 of the Revised Code or of a municipal ordinance or
township resolution
that is
substantially comparable to that
division may be confined
in a
detention facility or district
detention
facility pursuant to
division (A)(5) of section 2152.21
of the Revised Code, provided
the child is kept separate and apart
from alleged delinquent
children.
Except as otherwise provided by law, district detention
facilities
shall be established, operated, maintained, and managed
in the same
manner so far as applicable as county detention
facilities.
Members of the board of county commissioners who meet by
appointment to consider the organization of a district detention
home, upon
presentation of properly certified accounts, shall be
paid their
necessary expenses upon a warrant drawn by the county
auditor of
their county.
The county auditor of the county having the greatest
population
or, with the unanimous concurrence of the county
auditors of the
counties composing a district, the auditor of the
county in which the
detention facility is located shall be the
fiscal officer of a
detention facility district. The county
auditors of the several
counties composing a detention facility
district shall meet at the
district detention facility, not less
than once in six months, to
review accounts and to transact any
other duties in connection
with the institution that pertain to
the business of their office.
(C) In any county in which there is no detention
facility or
that
is not
served by a district detention facility, the juvenile
court may enter into a contract, subject to the approval of the
board of
county commissioners, with another juvenile court,
another county's detention
facility, or a joint county detention
facility. Alternately, the board of
county
commissioners shall
provide funds for the boarding of
children, who would be
eligible
for detention under division
(A) of this section,
temporarily in
private homes or in certified foster homes
approved
by the court
for
a period not exceeding sixty days or
until final
disposition
of their cases,
whichever comes first.
The court also
may arrange
with any public
children services
agency or private
child placing
agency to
receive, or private
noncustodial agency
for temporary
care of,
children within the
jurisdiction of the
court.
If the court arranges for the board of children temporarily
detained in certified foster homes or through any private child
placing agency, the county
shall pay a
reasonable sum to be fixed
by the court for the board of those
children. In order to have
certified
foster homes available for service, an agreed monthly
subsidy may
be paid and a fixed rate per day for care of children
actually
residing in the certified foster home.
(D) The board of county commissioners of any county within a
detention facility district, upon the recommendation of the
juvenile court of
that county, may withdraw from the
district and
sell or lease its right, title, and interest in the
site,
buildings, furniture, and equipment of the facility to any
counties in the district, at any price and upon any such terms
that are
agreed upon among the boards of county commissioners of
the
counties concerned. Section 307.10 of the Revised Code does
not
apply to this division. The net proceeds of any sale or lease
under this
division shall
be paid into the treasury of the
withdrawing county.
The members of the board of trustees of a district detention
facility
who are residents of a county withdrawing from the
district are deemed
to have resigned their positions upon the
completion of the withdrawal
procedure provided by this division.
The vacancies then created shall
be filled as provided in this
section.
(E) The children to be admitted for care in a county or
district
detention facility established under this section, the
period during which
they shall be cared for in the facility, and
the
removal and transfer of children from the facility shall be
determined by the juvenile court that ordered the child's
detention.
Sec. 2325.15. When a judgment, including judgments rendered
by a judge of a
county court or mayor, a transcript of which has
been filed in the court of
common pleas for execution, is dormant,
or when a finding for money in
equitable proceedings remains
unpaid in whole or in part, under the order of
the court therein
that made the finding, such the judgment may be revived, or such
the finding may be made
subject to execution in the same manner as
are judgments at law are, either in the manner prescribed for
reviving actions before judgment, or by action in the court in
which such the
judgment was rendered or finding made, or in which
transcript of judgment was
filed.
Sec. 2335.06. Each witness in civil cases shall receive
the
following fees:
(A) Twelve dollars for each full day's attendance and six
dollars for each half day's attendance at a court of record,
mayor's court, or before a person authorized to take depositions,
to be taxed in the bill of costs. Each witness shall also
receive
ten cents for each mile necessarily traveled to and from
his the
witness's place of residence to the place of giving
his testimony,
to be taxed in the bill of costs.
(B) For attending a coroner's inquest, the same fees and
mileage provided by division (A) of this section, payable from
the
county treasury on the certificate of the coroner.
(C) As used in this section, "full day's attendance" means
a
day on which a witness is required or requested to be present
at
proceedings before and after twelve noon regardless of whether
he
the witness actually testifies; "half day's attendance" means
a
day on
which a witness is required or requested to be present at
proceedings either before or after twelve noon, but not both,
regardless of whether he the witness actually testifies.
Sec. 2335.08. Each witness attending, under recognizance
or
subpoena issued by order of the prosecuting attorney or
defendant,
before the grand jury or any court of record, in
criminal causes,
shall be allowed the same fees as provided by
section 2335.06 of
the Revised Code in civil causes, to be taxed
in only one cause
when such the witness is attending in more causes
than one on the
same days, unless otherwise directed by special
order of the
court. When certified to the county auditor by the
clerk of the
court, such the fees shall be paid from the county
treasury, and
except as to the grand jury, taxed in the bill of
costs. Each
witness attending before a judge of a county court, or
magistrate,
or mayor, under subpoena in criminal cases, shall be
allowed the
fees provided by such that section for witnesses in the
court of
common pleas. In state cases such the fees shall be paid
out of
the county treasury, and in ordinance and resolution cases they
shall be
paid out of the treasury of the municipal corporation or
township, upon the
certificates of the judge or magistrate, and
they shall be taxed
in the bill of costs.
When the fees enumerated by this section have been
collected
from the judgment debtor, they shall be paid to the
public
treasury from which such the fees were advanced.
Sec. 2335.09. Whenever, in any criminal proceeding or
prosecution for the
violation of an ordinance or resolution, or in
a hearing before a coroner, an interpreter is
necessary, the
judge, magistrate, or coroner may appoint interpreters, who
shall
receive fees as witnesses in the case or proceeding. Such The
fees
shall be
taxed and paid as provided by sections 2335.05 to
2335.08, inclusive, of the
Revised Code for other witness fees.
This section shall not apply if, by law,
an interpreter is
otherwise provided.
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of
the
Revised Code:
(A)
"Claimant" means both of the following categories of
persons:
(1) Any of the following persons who claim an award of
reparations under sections 2743.51 to 2743.72 of the Revised
Code:
(a) A victim who was one of the following at the time of
the
criminally injurious conduct:
(i) A resident of the United States;
(ii) A resident of a foreign country the laws of which
permit
residents of this state to recover compensation as victims
of
offenses committed in that country.
(b) A dependent of a deceased victim who is described in
division (A)(1)(a) of this section;
(c) A third person, other than a collateral source, who
legally assumes or voluntarily pays the obligations of a victim,
or of a dependent of a victim, who is described in division
(A)(1)(a) of this section, which obligations are incurred as a
result of the criminally injurious conduct that is the subject of
the claim and may include, but are not limited to, medical or
burial expenses;
(d) A person who is authorized to act on behalf of any
person
who is described in division (A)(1)(a), (b), or (c) of
this
section;
(e) The estate of a deceased victim who is described in
division (A)(1)(a) of this section.
(2) Any of the following persons who claim an award of
reparations under sections 2743.51 to 2743.72 of the Revised
Code:
(a) A victim who had a permanent place of residence within
this state at the time of the criminally injurious conduct and
who, at the time of the criminally injurious conduct, complied
with any one of the following:
(i) Had a permanent place of employment in this state;
(ii) Was a member of the regular armed forces of the
United
States or of the United States coast guard or was a
full-time
member of the Ohio organized militia or of the United
States army
reserve, naval reserve, or air force reserve;
(iii) Was retired and receiving social security or any
other
retirement income;
(iv) Was sixty years of age or older;
(v) Was temporarily in another state for the purpose of
receiving medical treatment;
(vi) Was temporarily in another state for the purpose of
performing employment-related duties required by an employer
located within this state as an express condition of employment
or
employee benefits;
(vii) Was temporarily in another state for the purpose of
receiving occupational, vocational, or other job-related training
or instruction required by an employer located within this state
as an express condition of employment or employee benefits;
(viii) Was a full-time student at an academic institution,
college, or university located in another state;
(ix) Had not departed the geographical boundaries of this
state for a period exceeding thirty days or with the intention of
becoming a citizen of another state or establishing a permanent
place of residence in another state.
(b) A dependent of a deceased victim who is described in
division (A)(2)(a) of this section;
(c) A third person, other than a collateral source, who
legally assumes or voluntarily pays the obligations of a victim,
or of a dependent of a victim, who is described in division
(A)(2)(a) of this section, which obligations are incurred as a
result of the criminally injurious conduct that is the subject of
the claim and may include, but are not limited to, medical or
burial expenses;
(d) A person who is authorized to act on behalf of any
person
who is described in division (A)(2)(a), (b), or (c) of
this
section;
(e) The estate of a deceased victim who is described in
division (A)(2)(a) of this section.
(B)
"Collateral source" means a source of benefits or
advantages for economic loss otherwise reparable that the victim
or claimant has received, or that is readily available to the
victim or claimant, from any of the following sources:
(2) The government of the United States or any of its
agencies, a state or any of its political subdivisions, or an
instrumentality of two or more states, unless the law providing
for the benefits or advantages makes them excess or secondary to
benefits under sections 2743.51 to 2743.72 of the Revised Code;
(3) Social security, medicare, and medicaid;
(4) State-required, temporary, nonoccupational disability
insurance;
(5) Workers' compensation;
(6) Wage continuation programs of any employer;
(7) Proceeds of a contract of insurance payable to the
victim
for loss that the victim sustained because of the
criminally
injurious conduct;
(8) A contract providing prepaid hospital and other health
care services, or benefits for disability;
(9) That portion of the proceeds of all contracts of
insurance payable to the claimant on account of the death of the
victim that exceeds fifty thousand dollars;
(10) Any compensation recovered or recoverable under the
laws
of another state, district, territory, or foreign country
because
the victim was the victim of an offense committed in that
state,
district, territory, or country.
"Collateral source" does not include any money, or the
monetary value of any property, that is subject to sections
2969.01 to 2969.06 of the Revised Code or that is received as a
benefit from the Ohio public safety officers death benefit fund
created by section 742.62 of the Revised Code.
(C)
"Criminally injurious conduct" means one of the
following:
(1) For the purposes of any person described in division
(A)(1) of this section, any conduct that occurs or is attempted
in
this state; poses a substantial threat of personal injury or
death; and is punishable by fine, imprisonment, or death, or
would
be so punishable but for the fact that the person engaging
in the
conduct lacked capacity to commit the crime under the laws
of this
state. Criminally injurious conduct does not include
conduct
arising out of the ownership, maintenance, or use of a
motor
vehicle, except when any of the following applies:
(a) The person engaging in the conduct intended to cause
personal injury or death;
(b) The person engaging in the conduct was using the
vehicle
to flee immediately after committing a felony or an act
that would
constitute a felony but for the fact that the person
engaging in
the conduct lacked the capacity to commit the felony
under the
laws of this state;
(c) The person engaging in the conduct was using the
vehicle
in a manner that constitutes an
OVI
violation;
(d) The conduct occurred on or after July 25, 1990, and
the
person engaging in the conduct was using the vehicle in a
manner
that constitutes a violation of section 2903.08 of the
Revised
Code;
(e) The person engaging in the conduct acted in a manner that
caused serious physical harm to a person and that constituted a
violation of section 4549.02 or 4549.021 of the Revised Code.
(2) For the purposes of any person described in division
(A)(2) of this section, any conduct that occurs or is attempted
in
another state, district, territory, or foreign country; poses
a
substantial threat of personal injury or death; and is
punishable
by fine, imprisonment, or death, or would be so
punishable but for
the fact that the person engaging in the
conduct lacked capacity
to commit the crime under the laws of the
state, district,
territory, or foreign country in which the
conduct occurred or was
attempted. Criminally injurious conduct
does not include conduct
arising out of the ownership,
maintenance, or use of a motor
vehicle, except when any of the
following applies:
(a) The person engaging in the conduct intended to cause
personal injury or death;
(b) The person engaging in the conduct was using the
vehicle
to flee immediately after committing a felony or an act
that would
constitute a felony but for the fact that the person
engaging in
the conduct lacked the capacity to commit the felony
under the
laws of the state, district, territory, or foreign
country in
which the conduct occurred or was attempted;
(c) The person engaging in the conduct was using the
vehicle
in a manner that constitutes an
OVI
violation;
(d) The conduct occurred on or after July 25, 1990, the
person engaging in the conduct was using the vehicle in a manner
that constitutes a violation of any law of the state, district,
territory, or foreign country in which the conduct occurred, and
that law is substantially similar to a violation of section
2903.08 of the Revised Code;
(e) The person engaging in the conduct acted in a manner that
caused serious physical harm to a person and that constituted a
violation of any law of the state, district, territory, or foreign
country in which the conduct occurred, and that law is
substantially similar to section 4549.02 or 4549.021 of the
Revised Code.
(3) For the purposes of any person described in division
(A)(1) or (2) of
this section, terrorism that occurs within or
outside the territorial
jurisdiction of the United States.
(D)
"Dependent" means an individual wholly or partially
dependent upon the victim for care and support, and includes a
child of the victim born after the victim's death.
(E)
"Economic loss" means economic detriment consisting
only
of allowable expense, work loss, funeral expense,
unemployment
benefits loss, replacement services loss,
cost of crime scene
cleanup, and cost of evidence replacement. If
criminally
injurious
conduct causes death, economic loss includes
a
dependent's
economic loss and a dependent's replacement
services
loss.
Noneconomic detriment is not economic loss;
however,
economic loss
may be caused by pain and suffering or
physical
impairment.
(F)(1)
"Allowable expense" means reasonable charges incurred
for reasonably needed products, services, and accommodations,
including those for medical care, rehabilitation, rehabilitative
occupational training, and other remedial treatment and care and
including replacement costs for eyeglasses and other corrective
lenses. It does not include that portion of a charge for a room
in
a hospital, clinic, convalescent home, nursing home, or any
other
institution engaged in providing nursing care and related
services
in excess of a reasonable and customary charge for
semiprivate
accommodations, unless accommodations other than
semiprivate
accommodations are medically required.
(2) An immediate family member of a victim of
criminally
injurious conduct that consists of a homicide, a sexual assault,
domestic violence, or a severe and permanent incapacitating injury
resulting
in
paraplegia or a similar life-altering condition, who
requires psychiatric care
or counseling as a result of the
criminally injurious conduct, may be
reimbursed for that care or
counseling as an allowable expense through the
victim's
application. The cumulative allowable expense for care or
counseling
of that nature shall not exceed two thousand five
hundred dollars for each immediate family member of a victim of
that type
and seven thousand five hundred dollars in the aggregate
for all immediate family members of a victim of that type.
(3) A family member of a victim who died as a proximate
result of criminally injurious conduct may be reimbursed as an
allowable expense through the victim's application for wages lost
and travel expenses incurred in order to attend criminal justice
proceedings arising from the criminally injurious conduct. The
cumulative allowable expense for wages lost and travel expenses
incurred by a family member to attend criminal justice proceedings
shall not exceed five hundred dollars for each family member of
the victim and two thousand dollars in the aggregate for all
family members of the victim.
(4) "Allowable expense" includes attorney's fees not
exceeding two thousand five hundred dollars, at a rate not
exceeding one hundred fifty dollars per hour, incurred to
successfully obtain a restraining order, custody order, or other
order to physically separate a victim from an offender, if the
attorney has not received payment under section 2743.65 of the
Revised Code for assisting a claimant with an application for an
award of reparations under sections 2743.51 to 2743.72 of the
Revised Code.
(G)
"Work loss" means loss of income from work
that the
injured person would have
performed if the person had not
been
injured
and expenses reasonably incurred by the person to obtain
services in
lieu of those the person would have performed for
income,
reduced by any
income from substitute work actually
performed by the
person, or by
income the person would have earned
in available appropriate
substitute
work that the person was
capable of performing but
unreasonably failed to
undertake.
(H)
"Replacement services loss" means expenses reasonably
incurred in obtaining ordinary and necessary services in lieu of
those the injured person would have performed, not for income,
but
for the benefit of the person's self or
family, if the person had
not been
injured.
(I)
"Dependent's economic loss" means loss after a
victim's
death of contributions of things of economic value to
the victim's
dependents, not including services they would
have received
from
the victim if the victim had not suffered the fatal
injury, less
expenses of the dependents avoided by reason of the victim's
death. If a minor child of a victim is adopted after the victim's
death,
the minor child continues after the adoption to incur a
dependent's economic
loss as a result of the victim's death. If
the surviving spouse of a victim
remarries, the surviving spouse
continues after the remarriage to incur a
dependent's economic
loss as a result of the victim's death.
(J)
"Dependent's replacement services loss" means loss
reasonably incurred by dependents after a victim's death in
obtaining ordinary and necessary services in lieu of those the
victim would have performed for their benefit if the victim
had
not suffered the fatal injury, less expenses of the dependents
avoided by reason of the victim's death and not subtracted in
calculating the dependent's economic loss. If a minor child of a
victim is
adopted after the victim's death, the minor child
continues after the adoption
to incur a dependent's replacement
services loss as a result of the victim's
death. If the surviving
spouse of a victim remarries, the surviving spouse
continues after
the remarriage to incur a dependent's replacement services
loss as
a result of the victim's death.
(K)
"Noneconomic detriment" means pain, suffering,
inconvenience, physical impairment, or other nonpecuniary damage.
(L)
"Victim" means a person who suffers personal injury or
death as a result of any of the following:
(1) Criminally injurious conduct;
(2) The good faith effort of any person to prevent
criminally
injurious conduct;
(3) The good faith effort of any person to apprehend a
person
suspected of engaging in criminally injurious conduct.
(M)
"Contributory misconduct" means any conduct of the
claimant or of the victim through whom the claimant claims an
award of reparations that is unlawful or intentionally tortious
and that, without regard to the conduct's proximity in time or
space to the criminally injurious conduct, has a causal
relationship to the criminally injurious conduct that is the
basis
of the claim.
(N)(1)
"Funeral expense" means any reasonable charges that
are
not in excess of seven thousand
five hundred dollars per
funeral and that
are
incurred for expenses directly related to a
victim's
funeral,
cremation, or burial and any wages lost or
travel expenses incurred by a family member of a victim in order
to attend the victim's funeral, cremation, or burial.
(2) An award for funeral expenses shall be applied first to
expenses directly related to the victim's funeral, cremation, or
burial. An award for wages lost or travel expenses incurred by a
family member of the victim shall not exceed five hundred dollars
for each family member and shall not exceed in the aggregate the
difference between seven thousand five hundred dollars and
expenses that are reimbursed by the program and that are directly
related to the victim's funeral, cremation, or burial.
(O)
"Unemployment benefits loss" means a loss of
unemployment
benefits pursuant to Chapter 4141. of the Revised
Code when the
loss arises solely from the inability of a victim
to
meet the able
to work, available for suitable work, or the
actively seeking
suitable work requirements of division (A)(4)(a)
of section
4141.29 of the Revised Code.
(P)
"OVI violation" means any of the following:
(1) A violation of section 4511.19 of the Revised Code, of
any municipal ordinance prohibiting the operation of a vehicle
while under the influence of alcohol, a drug of abuse, or
a
combination of them, or of any municipal
ordinance prohibiting
the
operation of a vehicle with a prohibited
concentration of
alcohol,
a controlled substance, or a metabolite of a controlled substance
in the
whole blood,
blood serum or
plasma,
breath, or urine;
(2) A violation of division (A)(1) of section 2903.06 of the
Revised Code;
(3) A violation of division (A)(2), (3), or (4) of section
2903.06 of the
Revised Code or
of a municipal ordinance or
township resolution
substantially similar to any of those
divisions,
if the offender
was under the influence of alcohol, a
drug of
abuse, or
a
combination of them, at the time of the
commission of the offense;
(4) For purposes of any person described in division
(A)(2)
of this section, a violation of any law of the state,
district,
territory, or foreign country in which the criminally
injurious
conduct occurred, if that law is substantially similar
to a
violation described in division (P)(1) or (2) of this section or
if
that law is substantially similar to a violation described in
division (P)(3) of this section and the offender was under
the
influence of alcohol, a drug of abuse, or
a
combination of them,
at the time of the commission of the
offense.
(Q)
"Pendency of the claim" for an original reparations
application or supplemental reparations application means the
period of time
from the date the criminally injurious conduct upon
which the application is
based occurred until the date a final
decision, order,
or judgment concerning that original reparations
application or supplemental
reparations application is issued.
(R)
"Terrorism" means any activity to which all of
the
following apply:
(1) The activity involves a violent act or an act that is
dangerous to human life.
(2) The act described in division
(R)(1) of this section is
committed within the territorial jurisdiction of the
United
States
and is a violation of
the criminal laws of the United
States, this
state, or any
other state or the act described in division
(R)(1)
of this section is
committed outside the territorial jurisdiction
of the
United
States and would be a violation
of the criminal laws
of the
United
States, this state, or any
other state if committed
within the territorial jurisdiction of
the United
States.
(3) The activity appears to be intended to do any of the
following:
(a) Intimidate or coerce a civilian
population;
(b) Influence the policy of any government by
intimidation
or
coercion;
(c) Affect the conduct of any government by
assassination or
kidnapping.
(4) The activity occurs primarily outside the territorial
jurisdiction of the United
States or transcends the
national
boundaries of the
United States in terms of the means by
which the
activity is accomplished, the person or persons that
the activity
appears intended to intimidate or coerce, or the
area or locale in
which the perpetrator or perpetrators of the
activity operate or
seek asylum.
(S)
"Transcends the national boundaries of the
United
States"
means occurring outside
the territorial jurisdiction of
the
United
States in addition to occurring
within the territorial
jurisdiction of the
United States.
(T)
"Cost of crime scene cleanup" means reasonable and
necessary
costs of cleaning the scene and repairing, for the
purpose of personal security, property damaged at the scene where
the criminally
injurious conduct occurred,
not to exceed seven
hundred fifty
dollars in the aggregate per claim.
(U)
"Cost of evidence replacement" means costs for
replacement of
property confiscated for evidentiary purposes
related to the criminally injurious conduct, not to exceed seven
hundred fifty
dollars in the aggregate per claim.
(V)
"Provider" means any person who provides a victim or
claimant
with a
product, service, or accommodations that are an
allowable expense or a funeral
expense.
(W)
"Immediate family member" means an individual who resided
in the same permanent household as a victim at the time of the
criminally injurious conduct and who is
related
to the victim by
affinity or
consanguinity.
(X) "Family member" means an individual who is related to a
victim by affinity or consanguinity.
Sec. 2743.60. (A) The attorney
general, a
court of claims
panel of commissioners, or a
judge of the court of claims shall
not make or
order an award of
reparations to any claimant who, if
the victim of the criminally
injurious conduct was an adult, did
not file an application
for an award of reparations within two
years after the date of the
occurrence of the criminally injurious
conduct that caused the
injury or death for which the victim is
seeking an award of reparations
or who, if the victim of that
criminally injurious conduct was a
minor, did not file an
application for an award of reparations
within the period provided
by division (B)(1) of section 2743.56
of the Revised Code. An
award of reparations shall not be made
to a claimant if the
criminally injurious conduct upon which the
claimant bases a claim
was not reported to a law enforcement officer
or agency within
seventy-two hours after the occurrence of the
conduct, unless it
is determined that good cause existed for the
failure to report
the conduct within the seventy-two-hour period.
(B)(1) The attorney
general, a panel of
commissioners, or a
judge of the court of claims shall
not make or order an award of
reparations to a claimant
if any of the following apply:
(a) The claimant is the offender or an accomplice of the
offender who
committed the criminally injurious conduct, or the
award would unjustly
benefit the offender or accomplice.
(b) Except as provided in division (B)(2) of this
section,
both of the following apply:
(i) The victim was a passenger in a motor vehicle and knew or
reasonably should
have known that the driver was under the
influence of alcohol, a drug of
abuse, or both.
(ii) The claimant is seeking compensation for injuries
proximately caused by the driver described in division
(B)(1)(b)(i) of this section being under the
influence of alcohol,
a drug of abuse, or both.
(c) Both of the following apply:
(i) The victim was under the influence of alcohol, a drug of
abuse, or both
and was a passenger in a motor vehicle and, if
sober, should have reasonably
known that the driver was under
the
influence of alcohol, a drug of abuse, or both.
(ii) The claimant is seeking compensation for injuries
proximately caused by the driver described in division
(B)(1)(b)(i) of this section being under the
influence of alcohol,
a drug of abuse, or both.
(2) Division (B)(1)(b) of this section does not
apply if on
the
date of the occurrence of the criminally injurious conduct,
the
victim was under sixteen years of age or was at least sixteen
years of age but less than eighteen years of age and was
riding
with a parent, guardian, or care-provider.
(C) The attorney general, a
panel of
commissioners, or a
judge of the court of claims,
upon a finding that the claimant or
victim has not fully
cooperated with appropriate law enforcement
agencies, may deny a
claim or reconsider and reduce an award of
reparations.
(D) The attorney general, a
panel of commissioners, or a
judge of the court of claims
shall reduce an award of reparations
or deny a claim for an award
of reparations that is otherwise
payable to a claimant to the
extent that the economic loss upon
which the claim is based is
recouped from other persons, including
collateral sources. If an
award is reduced or a claim is denied
because of the expected
recoupment of all or part of the economic
loss of the claimant
from a collateral source, the amount of the
award or the denial
of the claim shall be conditioned upon the
claimant's economic
loss being recouped by the collateral source.
If the award or
denial is conditioned upon the recoupment of the
claimant's
economic loss from a collateral source and it is
determined that
the claimant did not unreasonably fail to present
a timely claim
to the collateral source and will not receive all
or part of the
expected recoupment, the claim may be reopened and
an award may
be made in an amount equal to the amount of expected
recoupment
that it is determined the claimant will not receive
from the
collateral source.
If the claimant recoups all or
part of the economic loss upon
which the claim is based from any other person
or entity,
including a collateral source, the attorney general may recover
pursuant to section 2743.72 of the Revised Code the part of the
award that represents the
economic loss for which the claimant
received the recoupment from the other
person or entity.
(E)(1) Except as otherwise provided in division (E)(2) of
this section, the attorney
general, a panel of
commissioners, or a
judge of the court of claims shall
not make an award to a claimant
if any of the
following applies:
(a) The victim was convicted of a felony within ten
years
prior to
the
criminally injurious conduct that
gave rise to the
claim or is convicted of a felony during the pendency of the
claim.
(b) The claimant was convicted of a felony within ten years
prior to the
criminally injurious conduct that gave rise to the
claim or is convicted of a
felony during the pendency of the
claim.
(c) It is
proved by a preponderance of the evidence that the
victim or the
claimant engaged,
within ten years prior
to the
criminally injurious conduct that gave rise to the claim or during
the pendency of the claim,
in an offense of violence, a violation
of section 2925.03
of the Revised Code, or any substantially
similar
offense that
also would constitute a felony under the laws
of this state, another
state, or the United States.
(d) The claimant was convicted of a violation of section
2919.22 or 2919.25 of the Revised Code, or of any state law
or,
municipal
ordinance, or township resolution substantially similar
to either section, within ten
years prior to the criminally
injurious conduct that gave rise to
the claim or during the
pendency of the claim.
(e) It is proved by a preponderance of the evidence that the
victim at the time of the criminally injurious conduct that gave
rise to the claim engaged in conduct that was a felony violation
of section 2925.11 of the Revised Code or engaged in any
substantially similar conduct that would constitute a felony under
the laws of this state, another state, or the United States.
(2) The attorney general, a panel of commissioners, or a
judge of the court of claims may make an award to a minor
dependent of a deceased victim for dependent's economic loss or
for counseling pursuant to division (F)(2) of section 2743.51 of
the Revised Code if the minor dependent is not ineligible under
division (E)(1) of this section due to the minor dependent's
criminal history and if the victim was not killed while engaging
in illegal conduct that contributed to the criminally injurious
conduct that gave rise to the claim. For purposes of this section,
the use of illegal drugs by the deceased victim shall not be
deemed to have contributed to the criminally injurious conduct
that gave rise to the claim.
(F) In determining whether to make an award of reparations
pursuant to this section, the attorney
general or panel of
commissioners shall consider whether there was contributory
misconduct by the victim or the claimant.
The attorney general, a
panel of commissioners, or
a judge of the court of claims shall
reduce an award
of reparations
or deny a claim for an award of
reparations to the extent it is
determined to be reasonable
because of the contributory
misconduct of the claimant or the
victim.
When the attorney general decides
whether a claim should be
denied
because of an allegation of contributory misconduct, the
burden of proof on
the
issue of
that alleged contributory
misconduct shall be upon the claimant,
if either of the following
apply:
(1) The victim was convicted of a felony more than ten
years
prior to the criminally injurious conduct that is the
subject of
the claim or has a record of felony arrests under the
laws of this
state, another state, or the United States.
(2) There is good cause to believe that the victim engaged
in
an ongoing course of criminal conduct within five years or
less of
the criminally injurious conduct that is the subject of
the claim.
(G) The attorney
general, a
panel of
commissioners, or a
judge of the court of claims shall
not make an award of
reparations to a claimant if
the criminally injurious conduct that
caused the injury or death
that is the subject of the claim
occurred to a victim who was an
adult and while the victim, after
being convicted of or pleading
guilty to an offense, was serving a
sentence of imprisonment in
any detention facility, as defined in
section 2921.01 of the
Revised Code.
(H) If a claimant unreasonably fails to present a claim
timely to a source of benefits or advantages that would have been
a collateral source and that would have reimbursed the claimant
for all or a portion of a particular expense, the attorney
general, a panel of
commissioners, or a judge of the court of
claims may
reduce an award of
reparations or deny a claim for an
award of reparations to the
extent that it is reasonable to do so.
(I) Reparations payable to a victim and to all other
claimants sustaining economic loss because of injury to or the
death of that victim shall not exceed fifty thousand dollars in
the aggregate. If the attorney general, a panel of commissioners,
or a judge of the court of claims reduces an award under division
(F) of this section, the maximum aggregate amount of reparations
payable under this division shall be reduced proportionately to
the reduction under division (F) of this section.
Sec. 2743.70. (A)(1) The court, in which any person is
convicted of or pleads guilty to any offense other than a traffic
offense that is not a moving violation, shall impose the
following
sum as costs in the case in addition to any other court
costs that
the court is required by law to impose upon the
offender:
(a) Thirty dollars, if the offense is a felony;
(b) Nine dollars, if the offense is a misdemeanor.
The court shall not waive the payment of the thirty or nine
dollars court costs, unless the court determines that the
offender
is indigent and waives the payment of all court costs
imposed upon
the indigent offender. All such moneys shall be
transmitted on the
first business day of each month by the clerk
of the court to the
treasurer of state and deposited by the
treasurer in the
reparations fund.
(2) The juvenile court in which a child is found to be a
delinquent child or a juvenile traffic offender for an act which,
if committed by an adult, would be an offense other than a
traffic
offense that is not a moving violation, shall impose the
following
sum as costs in the case in addition to any other court
costs that
the court is required or permitted by law to impose
upon the
delinquent child or juvenile traffic offender:
(a) Thirty dollars, if the act, if committed by an adult,
would be a felony;
(b) Nine dollars, if the act, if committed by an adult,
would
be a misdemeanor.
The thirty or nine dollars court costs shall be collected
in
all cases unless the court determines the juvenile is indigent
and
waives the payment of all court costs, or enters an order on
its
journal stating that it has determined that the juvenile is
indigent, that no other court costs are to be taxed in the case,
and that the payment of the thirty or nine dollars court costs is
waived. All such moneys collected during a month shall be
transmitted
on or before the twentieth day of the following month
by
the clerk of the court to the
treasurer of state and deposited
by the treasurer in the
reparations fund.
(B) Whenever a person is charged with any offense other
than
a traffic offense that is not a moving violation and posts
bail
pursuant to sections 2937.22 to 2937.46 of the Revised Code,
Criminal Rule 46, or Traffic Rule 4, the court shall add to the
amount of the bail the thirty or nine dollars required to be paid
by division (A)(1) of this section. The thirty or nine dollars
shall be retained by the clerk of the court until the person is
convicted, pleads guilty, forfeits bail, is found not guilty, or
has the charges dismissed. If the person is
convicted, pleads
guilty, or forfeits bail, the clerk shall
transmit the thirty or
nine dollars to the treasurer of state,
who shall deposit it in
the reparations fund. If the person is
found not guilty or the
charges are dismissed, the
clerk shall return the thirty or nine
dollars to the person.
(C) No person shall be placed or held in jail for failing
to
pay the additional thirty or nine dollars court costs or bail
that
are required to be paid by this section.
(D) As used in this section:
(1) "Moving violation" means any violation of any statute
or,
ordinance, or resolution, other than section 4513.263 of the
Revised Code or
an ordinance or resolution that is substantially
equivalent to that section,
that regulates the operation of
vehicles, streetcars, or
trackless trolleys on highways or streets
or that regulates size
or load limitations or fitness requirements
of vehicles. "Moving
violation" does not include the violation of
any statute or,
ordinance, or resolution that regulates
pedestrians or the parking of vehicles.
(2) "Bail" means cash, a check, a money order, a credit
card,
or any other form of money that is posted by or for an
offender
pursuant to sections 2937.22 to 2937.46 of the Revised
Code,
Criminal Rule 46, or Traffic Rule 4 to prevent the offender
from
being placed or held in a detention facility, as defined in
section 2921.01 of the Revised Code.
Sec. 2901.01. (A) As used in the Revised Code:
(1) "Force" means any violence, compulsion, or constraint
physically exerted by any means upon or against a person or
thing.
(2) "Deadly force" means any force that carries a
substantial
risk that it will proximately result in the death of
any person.
(3) "Physical harm to persons" means any injury, illness,
or
other physiological impairment, regardless of its gravity or
duration.
(4) "Physical harm to property" means any tangible or
intangible damage to property that, in any degree, results in
loss
to its value or interferes with its use or enjoyment.
"Physical
harm to property" does not include wear and tear
occasioned by
normal use.
(5) "Serious physical harm to persons" means any of the
following:
(a) Any mental illness or condition of such gravity as
would
normally require hospitalization or prolonged psychiatric
treatment;
(b) Any physical harm that carries a substantial risk of
death;
(c) Any physical harm that involves some permanent
incapacity, whether partial or total, or that involves some
temporary, substantial incapacity;
(d) Any physical harm that involves some permanent
disfigurement or that involves some temporary, serious
disfigurement;
(e) Any physical harm that involves acute pain of such
duration as to result in substantial suffering or that involves
any degree of prolonged or intractable pain.
(6) "Serious physical harm to property" means any physical
harm to property that does either of the following:
(a) Results in substantial loss to the value of the
property
or requires a substantial amount of time, effort, or
money to
repair or replace;
(b) Temporarily prevents the use or enjoyment of the
property
or substantially interferes with its use or enjoyment
for
an
extended period of time.
(7) "Risk" means a significant possibility, as contrasted
with a remote possibility, that a certain result may occur or
that
certain circumstances may exist.
(8) "Substantial risk" means a strong possibility, as
contrasted with a remote or significant possibility, that a
certain result may occur or that certain circumstances may exist.
(9) "Offense of violence" means any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,
2903.22,
2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05,
2909.02, 2909.03,
2909.24,
2911.01, 2911.02, 2911.11, 2917.01,
2917.02, 2917.03, 2917.31,
2919.25, 2921.03, 2921.04, 2921.34, or
2923.161, of division (A)(1), (2), or
(3) of section 2911.12, or
of division (B)(1), (2), (3), or (4) of section
2919.22 of the
Revised Code or felonious sexual penetration in violation of
former section 2907.12 of the Revised Code;
(b) A violation of an existing or former municipal
ordinance,
township resolution,
or law of this or any other state or the
United States,
substantially equivalent to any section, division,
or
offense
listed in division (A)(9)(a) of this section;
(c) An offense, other than a traffic offense, under an
existing or former municipal ordinance, township resolution, or
law of this or any
other
state or the United States, committed
purposely or
knowingly, and
involving physical harm to persons or
a risk of
serious physical
harm to persons;
(d) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (A)(9)(a),
(b), or (c) of
this section.
(10)(a) "Property" means any property, real or
personal,
tangible or intangible, and any interest or license in
that
property. "Property" includes, but is not limited to, cable
television service, other telecommunications service,
telecommunications devices, information service, computers, data,
computer software, financial
instruments associated with
computers, other documents
associated with computers, or copies of
the documents, whether in
machine or human readable form, trade
secrets, trademarks,
copyrights, patents, and property protected
by a trademark, copyright, or
patent. "Financial instruments
associated with computers" include, but are not limited to,
checks, drafts, warrants, money orders, notes of indebtedness,
certificates of deposit, letters of credit, bills of credit or
debit cards, financial transaction authorization mechanisms,
marketable securities, or any computer system representations of
any of them.
(b) As used in division (A)(10)
of this section, "trade
secret" has the same meaning as in section 1333.61
of the Revised
Code, and "telecommunications service" and
"information
service"
have the same
meanings as in section 2913.01 of the Revised Code.
(c) As used in divisions (A)(10) and (13) of
this section,
"cable television service," "computer," "computer
software,"
"computer system," "computer network," "data,"
and
"telecommunications device" have the same
meanings as in section
2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following:
(a) A sheriff, deputy sheriff, constable, police officer
of
a
township or joint township police district, marshal, deputy
marshal, municipal police officer, member of a police force
employed by a metropolitan housing authority under division (D)
of
section 3735.31 of the Revised Code, or state highway patrol
trooper;
(b) An officer, agent, or employee of the state or any of
its
agencies, instrumentalities, or political subdivisions, upon
whom,
by statute, a duty to conserve the peace or to enforce all
or
certain laws is imposed and the authority to arrest violators
is
conferred, within the limits of that statutory duty and
authority;
(c) A mayor, in the mayor's capacity as chief conservator of
the
peace within the mayor's municipal corporation;
(d) A member of an auxiliary police force organized by
county, township, or municipal law enforcement authorities,
within
the scope of the member's appointment or commission;
(e) A person lawfully called pursuant to section 311.07 of
the Revised Code to aid a sheriff in keeping the peace, for the
purposes and during the time when the person is called;
(f) A person appointed by a mayor pursuant to section
737.01
of the Revised Code as a special patrolling
officer during riot or
emergency, for the purposes and during the time when
the person is
appointed;
(g) A member of the organized militia of this state or the
armed forces of the United States, lawfully called to duty to aid
civil authorities in keeping the peace or protect against
domestic
violence;
(h) A prosecuting attorney, assistant prosecuting
attorney,
secret service officer, or municipal prosecutor;
(i) A veterans' home police officer appointed under
section
5907.02 of the Revised Code;
(j) A member of a police force employed by a regional
transit
authority under division (Y) of section 306.35 of the
Revised
Code;
(k) A special police officer employed by a port authority
under
section 4582.04 or 4582.28 of the Revised Code;
(l) The house of representatives sergeant at arms if the
house of representatives sergeant at arms
has
arrest authority
pursuant to division (E)(1) of section
101.311 of the Revised Code
and an assistant house of representatives sergeant at
arms;
(m) A special police officer employed by a municipal
corporation at a municipal airport, or other municipal air
navigation facility, that has
scheduled operations, as defined in
section 119.3 of Title 14 of
the Code of Federal Regulations, 14
C.F.R. 119.3, as amended, and
that is required to be under a
security program and is governed by
aviation security rules of the
transportation security
administration of the United States
department of transportation
as provided in Parts 1542. and 1544.
of Title 49 of the Code of
Federal Regulations, as amended.
(12) "Privilege" means an immunity, license, or right
conferred by law, bestowed by express or implied grant,
arising
out of status, position, office, or relationship, or
growing out
of necessity.
(13) "Contraband" means any property that is illegal for a
person
to acquire or possess under a statute, ordinance,
resolution, or rule, or that a trier of fact lawfully determines
to be illegal to possess by reason of the property's involvement
in an offense. "Contraband" includes, but is not limited to, all
of the following:
(a) Any controlled substance, as defined in section
3719.01
of the Revised Code, or any device or paraphernalia;
(b) Any unlawful gambling device or paraphernalia;
(c) Any dangerous ordnance or obscene material.
(14) A person is "not guilty by reason of insanity"
relative
to a charge of an offense only if the person proves, in the
manner
specified in section 2901.05 of the Revised Code, that at
the time
of the commission of the offense, the person did not know, as a
result of a severe mental disease or defect, the wrongfulness of
the person's acts.
(B)(1)(a) Subject to division (B)(2) of this section,
as
used
in any section contained in Title XXIX
of the Revised Code
that
sets forth a criminal offense,
"person" includes all of the
following:
(i) An individual, corporation, business trust, estate,
trust,
partnership, and association;
(ii) An unborn human who is viable.
(b) As used in any section contained in Title
XXIX of the
Revised Code that does not set forth a
criminal offense, "person"
includes an individual, corporation, business
trust, estate,
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section:
(i) "Unborn human" means an individual organism of the
species
Homo sapiens from fertilization until live birth.
(ii) "Viable" means the stage of development of
a human
fetus
at which there is a realistic possibility of maintaining and
nourishing of a life outside the womb with or without temporary
artificial
life-sustaining support.
(2) Notwithstanding division (B)(1)(a) of this section, in
no
case
shall the portion of the definition of the term "person"
that
is set forth in
division (B)(1)(a)(ii) of this section be
applied
or construed in any section contained in Title XXIX of the
Revised
Code that sets forth a criminal offense in any of the
following
manners:
(a) Except as otherwise provided in division (B)(2)(a) of
this section, in a
manner so that the offense prohibits or is
construed as
prohibiting any pregnant woman or her physician from
performing an abortion
with the consent of the pregnant woman,
with the consent of the pregnant
woman implied by law in a medical
emergency, or with the approval of one
otherwise authorized by law
to consent to medical treatment on behalf of the
pregnant woman.
An abortion that violates the conditions described in the
immediately preceding sentence may be punished as a violation of
section
2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,
2903.08,
2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22
of the Revised Code,
as applicable. An abortion that does not
violate the conditions
described in the second immediately
preceding sentence, but that does violate
section 2919.12,
division (B) of section 2919.13, or section 2919.151,
2919.17, or
2919.18 of the Revised Code, may be punished as a violation of
section 2919.12, division (B) of section 2919.13, or
section
2919.151, 2919.17, or 2919.18 of the Revised Code, as
applicable.
Consent is sufficient under this division if it is of the type
otherwise adequate to permit medical treatment to the pregnant
woman, even if
it does not comply with section 2919.12 of the
Revised Code.
(b) In a manner so that the offense is applied or
is
construed as applying to a woman based on an act or omission of
the woman
that occurs while she is or was pregnant and that
results in any of the
following:
(i) Her delivery of a stillborn baby;
(ii) Her causing, in any other manner, the death in
utero of
a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born
alive
but who dies from one or more injuries that are sustained while
the
child is a viable, unborn human;
(iv) Her causing her child who is born alive to
sustain one
or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting
to
cause, in any other manner, an injury, illness, or other
physiological
impairment, regardless of its duration or gravity,
or a mental illness or
condition, regardless of its duration or
gravity, to a viable, unborn human
that she is carrying.
(C) As used in Title XXIX of the Revised Code:
(1) "School safety zone"
consists of a school, school
building, school premises, school
activity, and school bus.
(2) "School," "school building," and "school premises" have
the same
meanings as in section 2925.01 of the Revised Code.
(3) "School activity" means any activity held under the
auspices of a board of education of a city, local,
exempted
village, joint vocational, or cooperative education
school
district; a governing authority of a community school established
under Chapter 3314. of the Revised Code; a governing board of an
educational service center,
or
the governing body of a school for
which the
state board of
education prescribes minimum standards
under
section 3301.07 of
the Revised
Code.
(4) "School bus" has the same meaning as in section
4511.01
of the Revised
Code.
Sec. 2903.04. (A) No person shall cause the death of
another
or the unlawful termination of another's pregnancy as a
proximate
result of the offender's committing or
attempting to
commit a
felony.
(B) No person shall cause the death of another or the
unlawful termination
of another's pregnancy as a
proximate result
of the offender's committing or attempting to
commit a misdemeanor
of any
degree, a regulatory offense, or a minor misdemeanor
other
than a violation of any section contained in Title
XLV of the
Revised Code that is a minor misdemeanor and other than a
violation of an ordinance of a municipal corporation or a
resolution of a township that,
regardless of the
penalty set by
ordinance or resolution for the violation, is
substantially
equivalent to any
section contained in Title XLV of
the Revised
Code that is a minor
misdemeanor.
(C) Whoever violates this section is guilty of involuntary
manslaughter. Violation of division (A) of this section is a
felony of the
first degree. Violation of division (B)
of this
section is a felony of the third degree.
(D) If an offender is
convicted of or
pleads guilty to a
violation of division (A) or (B) of this section and
if the
felony, misdemeanor, or regulatory
offense that the offender
committed or
attempted to commit, that proximately resulted in the
death of
the other person or the unlawful termination of another's
pregnancy,
and that is the basis of the offender's
violation of
division (A) or (B) of this section was a violation of
division
(A) or (B) of section 4511.19 of the Revised Code or of a
substantially equivalent municipal ordinance or township
resolution or included, as an
element of that felony, misdemeanor,
or
regulatory offense, the
offender's
operation or participation
in the operation of a
snowmobile, locomotive,
watercraft, or
aircraft while
the offender
was under the influence of alcohol, a
drug of abuse, or
alcohol
and a drug of abuse, both of the
following apply:
(1) The court shall
impose a class one
suspension of the
offender's driver's or commercial driver's
license
or permit or
nonresident operating privilege
as
specified in division (A)(1)
of
section
4510.02 of the
Revised Code.
(2) The court shall impose a mandatory prison term for the
violation of division (A) or (B) of this section from the
range of
prison terms authorized for the level of the offense under section
2929.14 of the Revised Code.
Sec. 2903.06. (A) No person, while operating or
participating in the operation of a motor vehicle, motorcycle,
snowmobile, locomotive, watercraft, or aircraft, shall
cause the
death of another or the unlawful termination of another's
pregnancy
in any of the following ways:
(1)(a) As the proximate result of committing a violation of
division
(A) of section 4511.19 of the Revised Code or of a
substantially
equivalent municipal ordinance or township
resolution;
(b) As the proximate result of committing a violation of
division (A) of section 1547.11 of the Revised Code or of a
substantially equivalent municipal ordinance;
(c) As the proximate result of committing a violation of
division (A)(3) of section 4561.15 of the Revised Code or of a
substantially equivalent municipal ordinance or township
resolution.
(2) In one of the following ways:
(b) As the proximate result of committing, while operating or
participating in the operation of a motor vehicle or motorcycle in
a construction zone, a reckless operation offense, provided that
this division applies only if the person whose death is caused or
whose pregnancy is unlawfully terminated is in the construction
zone at the time of the offender's commission of the reckless
operation offense in the construction zone and does not apply as
described in division (F) of this section.
(3) In one of the following ways:
(b) As the proximate result of committing, while operating or
participating in the operation of a motor vehicle or motorcycle in
a construction zone, a speeding offense, provided that this
division applies only if the person whose death is caused or whose
pregnancy is unlawfully terminated is in the construction zone at
the time of the offender's commission of the speeding offense in
the construction zone and does not apply as described in division
(F) of this section.
(4) As the proximate result of committing a violation of any
provision of any section contained in Title XLV of the Revised
Code that is
a minor misdemeanor or of a municipal ordinance or
township resolution that,
regardless of the
penalty
set by
ordinance for the violation, is
substantially equivalent to any
provision of any section contained
in Title XLV of the Revised
Code that is
a minor
misdemeanor.
(B)(1) Whoever violates division (A)(1) or (2) of
this
section is guilty of aggravated
vehicular homicide and shall be
punished as provided in
divisions (B)(2) and (3) of this
section.
(2)(a) Except as otherwise provided in division (B)(2)(b) or
(c) of this section,
aggravated
vehicular homicide committed in
violation of division
(A)(1) of this
section is a felony of the
second degree and the court shall impose a mandatory prison term
on the offender as described in division (E) of this section.
(b) Except as otherwise provided in division (B)(2)(c) of
this section, aggravated vehicular homicide committed in violation
of division
(A)(1) of this section is a
felony of the first
degree, and the court shall impose a mandatory prison term on the
offender as described in division (E) of this section, if any of
the following apply:
(i) At the
time of the offense, the offender was
driving
under a suspension
imposed under Chapter
4510.
or any other
provision of the
Revised
Code.
(ii) The offender previously has been convicted of
or
pleaded
guilty
to a violation of this section.
(iii) The offender previously has been convicted of or
pleaded guilty to any
traffic-related
homicide, manslaughter, or
assault
offense.
(c) Aggravated vehicular homicide committed in violation of
division (A)(1) of this section is a felony of the first degree,
and the court shall sentence the offender to a mandatory prison
term as provided in section 2929.142 of the Revised Code and
described in division (E) of this section if any of the following
apply:
(i) The offender previously has been convicted of or pleaded
guilty to
three or more
prior violations
of section 4511.19 of the
Revised Code or
of a
substantially
equivalent municipal ordinance
or township resolution within the previous
six
years.
(ii) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of division (A) of
section 1547.11 of the Revised Code or of a substantially
equivalent municipal ordinance within the previous six years.
(iii) The offender previously has been convicted of or
pleaded guilty to three or more prior violations of division
(A)(3) of section 4561.15 of the Revised Code or of a
substantially equivalent municipal ordinance or township
resolution within the previous six years.
(iv) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of division (A)(1) of
this section within the previous six years.
(v) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of division (A)(1) of
section 2903.08 of the Revised Code within the previous six years.
(vi) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of section 2903.04 of the
Revised Code within the previous six years in circumstances in
which division (D) of that section applied regarding the
violations.
(vii) The offender previously has been convicted of or
pleaded guilty to three or more violations of any combination of
the offenses listed in division (B)(2)(c)(i), (ii), (iii), (iv),
(v), or (vi) of this section within the previous six years.
(viii) The offender previously has been convicted of or
pleaded guilty to a
second or subsequent felony violation of
division
(A) of section
4511.19 of the Revised Code.
(d) In addition to any other sanctions imposed pursuant to
division (B)(2)(a), (b), or (c) of this section for aggravated
vehicular homicide committed in violation of division (A)(1) of
this section, the court shall
impose upon the offender a class one
suspension
of the offender's
driver's license, commercial driver's
license,
temporary
instruction permit, probationary license, or
nonresident
operating
privilege
as specified in division (A)(1) of
section
4510.02 of
the Revised Code.
(3) Except as otherwise provided in this division,
aggravated
vehicular homicide committed in violation of division
(A)(2) of
this section is a felony of the third degree.
Aggravated
vehicular
homicide
committed in violation
of division
(A)(2) of
this section
is a felony of the second
degree if, at the
time of
the offense,
the offender was driving under a
suspension
imposed
under Chapter
4510. or any
other
provision
of the Revised Code
or if the
offender previously
has
been convicted of or
pleaded
guilty to
a
violation of this
section
or any traffic-related
homicide,
manslaughter, or
assault
offense. The court shall impose a
mandatory prison term on the offender when required by division
(E) of this section.
In addition to any other sanctions imposed pursuant to this
division for a violation of division (A)(2) of this section, the
court shall
impose upon the offender a class two suspension of the
offender's
driver's license, commercial driver's license,
temporary
instruction permit, probationary license, or nonresident
operating
privilege
from the
range specified in division (A)(2) of
section
4510.02 of the Revised Code or, if the offender previously
has been convicted of or pleaded guilty to a traffic-related
murder, felonious assault, or attempted murder offense, a class
one suspension of the offender's driver's license, commercial
driver's license, temporary instruction permit, probationary
license, or nonresident operating privilege as specified in
division (A)(1) of that section.
(C) Whoever violates division (A)(3) of this section is
guilty of
vehicular homicide. Except as otherwise provided in
this
division,
vehicular homicide is a misdemeanor of the first
degree.
Vehicular homicide committed in violation of division (A)(3) of
this section is a felony of the fourth degree if,
at the
time of
the offense, the offender was driving under a
suspension
or
revocation imposed under Chapter 4507. or any other
provision of
the
Revised Code
or if the
offender
previously has
been convicted
of or pleaded guilty to a violation of this
section
or any
traffic-related homicide, manslaughter, or assault
offense. The
court shall impose a mandatory jail term or a mandatory prison
term on the offender when required by division (E) of this
section.
In addition to any other sanctions imposed pursuant to this
division, the court shall
impose upon the offender a class four
suspension of the
offender's
driver's license, commercial driver's
license,
temporary
instruction permit, probationary license, or
nonresident
operating
privilege
from the
range specified in
division (A)(4) of section
4510.02 of the Revised Code,
or, if the
offender previously
has
been convicted of or pleaded
guilty to a
violation of this
section
or any traffic-related
homicide,
manslaughter, or assault
offense,
a
class three
suspension of the
offender's driver's license,
commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating
privilege from the
range specified in division (A)(3) of
that section, or, if the offender previously has been convicted of
or pleaded guilty to a traffic-related murder, felonious assault,
or attempted murder offense, a class two suspension of the
offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege as specified in division (A)(2) of that
section.
(D) Whoever violates division (A)(4) of this section is
guilty of
vehicular manslaughter. Except as otherwise provided in
this division,
vehicular manslaughter is a misdemeanor of the
second
degree. Vehicular manslaughter is a misdemeanor of the
first
degree if, at the time of the offense, the offender was
driving
under a suspension imposed under Chapter
4510.
or
any
other provision of the Revised Code
or if the offender
previously
has been convicted of or pleaded guilty to a
violation
of this
section or any traffic-related homicide, manslaughter, or
assault
offense.
In addition to any other sanctions imposed pursuant to this
division, the court shall
impose upon the offender a class six
suspension of the
offender's
driver's license, commercial driver's
license,
temporary
instruction permit, probationary license, or
nonresident
operating
privilege
from
the range specified in
division (A)(6) of
section
4510.02
of the Revised Code
or, if the
offender
previously has
been convicted of or pleaded guilty to a
violation
of this
section, any traffic-related homicide,
manslaughter, or
assault
offense,
or a traffic-related murder,
felonious assault, or attempted murder offense, a
class four
suspension of the offender's driver's
license,
commercial driver's
license, temporary instruction
permit,
probationary license, or
nonresident
operating privilege
from the
range specified in
division (A)(4)
of
that section.
(E) The court shall impose a mandatory prison term on an
offender who
is convicted of or pleads guilty to a violation of
division (A)(1)
of this section. If division (B)(2)(c)(i), (ii),
(iii), (iv), (v), (vi), (vii), or (viii) of this section applies
to an offender who is convicted of or pleads guilty to the
violation of division (A)(1) of this section, the court shall
impose the mandatory prison term pursuant to section 2929.142 of
the Revised Code. The court shall impose a mandatory jail term of
at least fifteen days on an offender who is convicted of or pleads
guilty to a misdemeanor violation of division (A)(3)(b) of this
section and may impose upon the offender a longer jail term as
authorized pursuant to section 2929.24 of the Revised Code. The
court shall impose a
mandatory prison term on an
offender who is
convicted of or pleads
guilty to a
violation of division (A)(2) or
(3)(a) of this section or a felony violation of division (A)(3)(b)
of this section if
either of
the following applies:
(1) The
offender previously has been convicted of or
pleaded
guilty to a violation of this section or section
2903.08 of the
Revised
Code.
(2) At the time of the offense, the
offender was driving
under suspension under Chapter
4510.
or any other provision
of
the
Revised
Code.
(F) Divisions (A)(2)(b) and (3)(b) of this section do not
apply in a particular construction zone unless signs of the type
described in section 2903.081 of the Revised Code are erected in
that construction zone in accordance with the guidelines and
design specifications established by the director of
transportation under section 5501.27 of the Revised Code. The
failure to erect signs of the type described in section 2903.081
of the Revised Code in a particular construction zone in
accordance with those guidelines and design specifications does
not limit or affect the application of division (A)(1), (A)(2)(a),
(A)(3)(a), or (A)(4) of this section in that construction zone or
the prosecution of any person who violates any of those divisions
in that construction zone.
(G)(1) As used in this section:
(a)
"Mandatory prison term" and "mandatory jail term" have
the same
meanings as in
section 2929.01 of the Revised Code.
(b)
"Traffic-related homicide,
manslaughter, or assault
offense"
means a violation of section 2903.04 of the Revised Code
in
circumstances in which division (D) of that section applies, a
violation of section 2903.06 or 2903.08 of the Revised Code, or a
violation of section 2903.06, 2903.07, or 2903.08 of the Revised
Code as they
existed prior
to
March
23,
2000.
(c) "Construction zone" has the same meaning as in section
5501.27 of the Revised Code.
(d) "Reckless operation offense" means a
violation of section
4511.20 of the Revised Code or a
municipal ordinance or township
resolution substantially equivalent to section 4511.20 of
the
Revised Code.
(e) "Speeding offense" means a violation of section 4511.21
of the Revised Code or a municipal ordinance pertaining to speed.
(f) "Traffic-related murder, felonious assault, or attempted
murder offense" means a violation of section 2903.01 or 2903.02 of
the Revised Code in circumstances in which the offender used a
motor vehicle as the means to commit the violation, a violation of
division (A)(2) of section 2903.11 of the Revised Code in
circumstances in which the deadly weapon used in the commission of
the violation is a motor vehicle, or an attempt to commit
aggravated murder or murder in violation of section 2923.02 of the
Revised Code in circumstances in which the offender used a motor
vehicle as the means to attempt to commit the aggravated murder or
murder.
(g) "Motor vehicle" has the same meaning as in section
4501.01 of the Revised Code.
(2) For the purposes of this section, when a penalty or
suspension is enhanced because of a prior or current violation of
a specified law or a prior or current specified offense, the
reference to the violation of the specified law or the specified
offense includes any violation of any substantially equivalent
municipal ordinance, township resolution, former law of this
state, or current or
former law of another state or the United
States.
Sec. 2903.08. (A) No person, while operating or
participating in the operation of a motor vehicle, motorcycle,
snowmobile, locomotive, watercraft, or aircraft, shall
cause
serious physical harm to another person or another's unborn
in
any
of the following ways:
(1)(a) As the proximate result of committing a violation of
division
(A) of section 4511.19 of the Revised Code or of a
substantially
equivalent municipal ordinance or township
resolution;
(b) As the proximate result of committing a violation of
division (A) of section 1547.11 of the Revised Code or of a
substantially equivalent municipal ordinance;
(c) As the proximate result of committing a violation of
division (A)(3) of section 4561.15 of the Revised Code or of a
substantially equivalent municipal ordinance or township
resolution.
(2) In one of the following ways:
(a) As the proximate result of committing, while operating or
participating in the operation of a motor vehicle or motorcycle in
a construction zone, a reckless operation offense,
provided that
this division applies only if the person to whom the serious
physical harm is caused or to whose unborn the serious physical
harm is caused is
in the construction zone at the time of the
offender's commission
of the reckless operation offense in the
construction
zone and does not apply as described in division (E)
of this section;
(3) As the proximate result of committing, while operating or
participating in the operation of a motor vehicle or motorcycle in
a construction zone, a speeding offense,
provided that this
division applies only if the person to whom the serious physical
harm is caused or to whose unborn the serious physical harm is
caused is
in the construction zone at the time of the offender's
commission
of the speeding offense in the construction
zone and
does not apply as described in division (E) of this section.
(B)(1) Whoever violates division (A)(1) of this
section is
guilty of aggravated
vehicular assault. Except as otherwise
provided in this
division, aggravated vehicular assault is a
felony of the
third degree.
Aggravated vehicular assault is a
felony of the second degree if any of the following apply:
(a) At the time of the offense, the offender was driving
under a suspension
imposed under Chapter
4510. or any other
provision of
the Revised Code.
(b) The offender previously has been convicted of or
pleaded
guilty to a
violation of this
section.
(c) The offender previously has been convicted of or pleaded
guilty to
any traffic-related homicide,
manslaughter, or assault
offense.
(d) The offender previously has been convicted of or pleaded
guilty to
three or more prior violations of
section 4511.19 of the
Revised Code or a
substantially equivalent
municipal ordinance or
township resolution within the previous
six years.
(e) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of division (A) of
section 1547.11 of the Revised Code or of a substantially
equivalent municipal ordinance within the previous six years.
(f) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of division (A)(3) of
section 4561.15 of the Revised Code or of a substantially
equivalent municipal ordinance or township resolution within the
previous six years.
(g) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of any combination of the
offenses listed in division (B)(1)(d), (e), or (f) of this
section.
(h) The offender previously has been convicted of or pleaded
guilty to a second or
subsequent felony violation of division (A)
of section 4511.19 of
the Revised Code.
(2) In addition to any other sanctions imposed pursuant to
division (B)(1) of this section, except as otherwise provided in
this division, the court shall
impose upon the offender a class
three suspension of the
offender's driver's license,
commercial
driver's license,
temporary instruction permit, probationary
license, or nonresident
operating privilege
from the range
specified in division (A)(3)
of section
4510.02 of the Revised
Code. If the offender
previously
has been convicted of or pleaded
guilty to a violation
of this
section, any traffic-related
homicide, manslaughter, or
assault
offense, or any traffic-related
murder, felonious assault, or attempted murder offense, the court
shall impose either
a class two suspension of the offender's
driver's license,
commercial
driver's license, temporary
instruction permit,
probationary license, or
nonresident operating
privilege from the
range specified in division
(A)(2) of that
section or a class one suspension as specified in division (A)(1)
of that section.
(C)(1) Whoever violates division (A)(2) or (3) of this
section is
guilty of
vehicular assault and shall be punished as
provided in divisions (C)(2) and (3) of this section.
(2) Except as otherwise provided in this
division, vehicular
assault committed in violation of division (A)(2) of this section
is a felony of the fourth degree.
Vehicular assault committed in
violation of division (A)(2) of this section is a felony of the
third degree if, at the time
of the offense, the offender was
driving under a suspension
imposed under Chapter
4510. or any
other
provision of the
Revised
Code, if the offender
previously
has been convicted of
or
pleaded guilty to a violation
of this
section or any
traffic-related homicide, manslaughter, or
assault
offense, or if, in the same course of conduct that resulted in the
violation of division (A)(2) of this section, the offender also
violated section 4549.02, 4549.021, or 4549.03 of the Revised
Code.
In addition to any other sanctions imposed, the court shall
impose upon the offender a class four suspension of
the
offender's
driver's license,
commercial driver's license,
temporary
instruction permit, probationary
license, or nonresident
operating
privilege
from the
range specified in division (A)(4) of section
4510.02 of the
Revised Code
or, if the offender
previously
has
been convicted of or pleaded guilty to a violation of this
section, any traffic-related homicide, manslaughter, or assault
offense, or any traffic-related murder, felonious assault, or
attempted murder offense,
a
class three suspension of the
offender's driver's license,
commercial driver's
license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the
range specified in division (A)(3)
of
that
section.
(3) Except as otherwise provided in this division, vehicular
assault committed in violation of division (A)(3) of this section
is a misdemeanor of the first degree. Vehicular assault committed
in violation of division (A)(3) of this section is a felony of the
fourth degree if, at the time of the offense, the offender was
driving under a suspension imposed under Chapter 4510. or any
other provision of the Revised Code or if the offender previously
has been convicted of or pleaded guilty to a violation of this
section or any traffic-related homicide, manslaughter, or assault
offense.
In addition to any other sanctions imposed, the court shall
impose upon the offender a class four suspension of the offender's
driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege from the range specified in division (A)(4) of section
4510.02 of the Revised Code or, if the offender previously has
been convicted of or pleaded guilty to a violation of this
section, any traffic-related homicide, manslaughter, or assault
offense, or any traffic-related murder, felonious assault, or
attempted murder offense, a class three suspension of the
offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(3) of
section 4510.02 of the Revised Code.
(D)(1) The court shall impose a mandatory prison term on an
offender who
is convicted of or pleads guilty to a violation of
division (A)(1)
of this section.
(2) The court shall impose a
mandatory prison term on an
offender who is convicted of or pleads
guilty to a
violation of
division (A)(2) of this section or a felony violation of division
(A)(3) of this section if either
of the
following applies:
(a) The
offender previously has been convicted of or
pleaded
guilty to a violation of this section or section
2903.06 of the
Revised
Code.
(b) At the time of the offense, the
offender was driving
under suspension under Chapter
4510. or any other provision
of
the
Revised Code.
(3) The court shall impose a mandatory jail term of at least
seven days on an offender who is convicted of or pleads guilty to
a misdemeanor violation of division (A)(3) of this section and may
impose upon the offender a longer jail term as authorized pursuant
to section 2929.24 of the Revised Code.
(E) Divisions (A)(2)(a) and (3) of this section do not apply
in a particular construction zone unless signs of the type
described in section 2903.081 of the Revised Code are erected in
that construction zone in accordance with the guidelines and
design specifications established by the director of
transportation under section 5501.27 of the Revised Code. The
failure to erect signs of the type described in section 2903.081
of the Revised Code in a particular construction zone in
accordance with those guidelines and design specifications does
not limit or affect the application of division (A)(1) or (2)(b)
of this section in that construction zone or the prosecution of
any person who violates either of those divisions in that
construction zone.
(F) As used in this section:
(1)
"Mandatory prison term" and "mandatory jail term" have
the same
meanings as in
section 2929.01 of the Revised Code.
(2)
"Traffic-related homicide, manslaughter, or assault
offense"
and "traffic-related murder, felonious assault, or
attempted murder offense" have the same meanings as in section
2903.06 of the Revised
Code.
(3) "Construction zone" has the same meaning as in section
5501.27 of the Revised Code.
(4) "Reckless operation offense" and "speeding offense" have
the same
meanings as in section 2903.06 of the Revised Code.
(G) For the purposes of this section, when a penalty or
suspension is enhanced because of a prior or current violation of
a
specified law or a prior or current specified offense, the
reference to
the violation of the specified law or the specified
offense
includes any violation of any substantially equivalent
municipal
ordinance, township resolution, former law of this
state, or current or
former law of
another state or the United
States.
Sec. 2903.212. (A) Except when the complaint involves a
person who is a family or household member as defined in section
2919.25 of the Revised Code, if a person is charged with a
violation of section 2903.21, 2903.211, 2903.22, or 2911.211 of
the Revised Code, a violation of a municipal ordinance or township
resolution that is
substantially similar to one of those sections,
or a sexually
oriented offense and if the person,
at the time of
the alleged
violation, was subject to the terms of
any order
issued pursuant
to section 2903.213, 2933.08, or
2945.04 of the
Revised Code or
previously had been convicted of
or pleaded
guilty to a violation
of section 2903.21, 2903.211,
2903.22, or
2911.211 of the Revised
Code that involves the same
complainant,
a violation of a
municipal ordinance or township resolution that
is
substantially similar to one of those
sections and that
involves
the same complainant, or a sexually
oriented offense
that involves the same complainant, the court
shall consider all
of the
following, in addition to any other
circumstances
considered by
the court and notwithstanding any
provisions to the
contrary
contained in Criminal Rule 46, before
setting the amount
and
conditions of the bail for the person:
(1) Whether the person has a history of violence toward
the
complainant or a history of other violent acts;
(2) The mental health of the person;
(3) Whether the person has a history of violating the
orders
of any court or governmental entity;
(4) Whether the person is potentially a threat to any
other
person;
(5) Whether setting bail at a high level will interfere
with
any treatment or counseling that the person is undergoing.
(B) Any court that has jurisdiction over violations of
section 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised
Code, violations of a municipal ordinance or township resolution
that is substantially
similar to one of those sections, or
sexually oriented offenses
may set a schedule for bail to
be used
in cases involving those
violations. The schedule shall
require
that a judge consider all
of the factors listed in
division (A)
of this section and may
require judges to set bail
at a certain
level or impose other
reasonable conditions related
to a release
on bail or on
recognizance if the history of the
alleged offender
or the
circumstances of the alleged offense meet
certain criteria
in the
schedule.
(C) As used in this section, "sexually oriented offense" has
the same meaning as in section 2950.01 of the Revised Code.
Sec. 2903.213. (A) Except when the complaint involves a
person who is a family or household member as defined in section
2919.25 of the Revised Code, upon the filing of a complaint that
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21,
2903.211,
2903.22, or
2911.211 of the Revised Code, a violation
of
a municipal ordinance or township resolution
substantially similar
to section 2903.13,
2903.21, 2903.211, 2903.22, or
2911.211 of the
Revised Code, or the commission of a sexually oriented offense,
the
complainant, the alleged victim,
or a family or household
member
of an alleged victim may file a motion
that requests the
issuance
of a protection
order as a pretrial condition of release
of the
alleged offender, in
addition to any bail set under
Criminal Rule
46. The motion
shall be filed with the clerk of the
court that
has jurisdiction
of the case at any time after the
filing of the
complaint. If
the complaint involves a person who is
a family or
household
member, the complainant, the alleged victim,
or the
family or
household member may file a motion for a
temporary
protection order pursuant to section 2919.26 of the
Revised Code.
(B) A motion for a protection order under this section shall
be prepared on a form that is provided by the clerk of the court,
and the form shall be substantially as follows:
"Motion for Protection Order
............................
Name and address of court
.............................
(Name of person),
moves the court to issue a protection order
containing terms designed to ensure the safety and protection of
the complainant or the alleged victim in the above-captioned
case,
in relation to the named defendant, pursuant to
its authority to
issue a protection order under section
2903.213 of
the Revised
Code.
A complaint, a copy of which has been attached to this
motion, has been filed in this court charging the named defendant
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,
2903.211,
2903.22, or
2911.211 of the Revised Code, a violation
of
a municipal ordinance or township resolution
substantially similar
to section 2903.13,
2903.21, 2903.211, 2903.22, or
2911.211 of the
Revised Code, or the commission of a sexually oriented offense.
I understand that I must appear before the court, at a time
set by the court not later than the next day that the court is in
session after the filing of this motion, for a hearing on the
motion, and that any protection order granted
pursuant to this
motion is a pretrial condition of release and is
effective only
until the disposition of the criminal proceeding
arising out of
the attached complaint or until the issuance under section
2903.214 of the Revised Code of a protection order arising out of
the same activities as
those that were the basis of the attached
complaint.
.....................................
.....................................
(C)(1) As soon as possible after the filing of a motion that
requests the issuance of a protection order
under this section,
but
not later than the next day that the court is in session after
the filing of the motion, the court shall conduct a hearing to
determine whether to issue the order. The person who
requested
the
order shall
appear before the court and provide the court with
the
information that it requests concerning the basis of the
motion.
If the court finds that the safety and protection of the
complainant or the alleged victim may be impaired by the continued
presence of the
alleged offender, the court may issue a
protection
order under this section, as a pretrial condition of release, that
contains terms
designed to ensure the safety and protection of the
complainant or the
alleged victim,
including a requirement that
the alleged offender refrain from
entering the residence, school,
business, or place of employment
of the complainant or the alleged
victim.
(2)(a) If
the court issues a protection order under this
section that
includes a requirement that the alleged offender
refrain from
entering the residence, school, business, or place of
employment
of the complainant or the alleged victim, the order
shall clearly state
that the order
cannot be waived or nullified
by an invitation to the alleged
offender from the complainant, the
alleged victim, or a family or
household member to enter the
residence, school,
business, or place of employment or by the
alleged offender's
entry into one of those places otherwise upon
the consent of the
complainant, the alleged victim, or a family or
household
member.
(b) Division
(C)(2)(a)
of this section does not limit any
discretion of a court to
determine that an alleged offender
charged with a violation of
section 2919.27 of the Revised Code,
with a violation of a
municipal ordinance or township resolution
substantially equivalent
to that section, or
with contempt of
court, which charge is based
on an alleged
violation of a
protection order issued under this
section, did
not commit the
violation or was not in contempt of
court.
(D)(1) Except when the complaint involves a person who is
a
family or household member as defined in section 2919.25 of the
Revised Code, upon the filing of a complaint that alleges a
violation specified in division (A) of this section, the court,
upon its own
motion, may issue a protection order under this
section as a
pretrial condition of release
of the alleged offender
if it finds that the safety and
protection of the complainant or
the alleged victim may be impaired by
the continued
presence of
the alleged offender.
(2) If the court issues a protection order
under this
section
as an ex parte order, it shall conduct, as
soon as
possible after
the issuance of the order but not later
than the
next day that the
court is in session after its issuance, a
hearing to determine
whether the order should remain in effect,
be
modified, or be
revoked. The hearing shall be conducted under
the
standards set
forth in division (C) of this section.
(3) If a municipal court or a county
court issues a
protection order under this
section and
if, subsequent to the
issuance of the order, the alleged
offender who is the subject of
the order is bound over to the
court of common pleas for
prosecution of a felony arising out of
the same activities as
those that were the basis of the
complaint upon which the order is
based, notwithstanding the
fact that the order was issued by a
municipal court or county
court, the order shall remain in effect,
as though it were an order of the
court of common pleas, while the
charges
against the alleged offender are pending in the court of
common
pleas, for the period of time described in division
(E)(2)
of this section, and the court of common pleas has exclusive
jurisdiction to modify the order issued by the municipal court or
county
court. This
division applies when the alleged offender is
bound over to the
court of common pleas as a result of the person
waiving a
preliminary hearing on the felony charge, as a result of
the
municipal court or county court having determined at a
preliminary hearing that there is probable cause to believe that
the felony has been committed and that the alleged offender
committed it, as a result of the alleged offender having been
indicted for the felony, or in any other manner.
(E) A protection order that is issued as a
pretrial
condition
of release under this section:
(1) Is in addition to, but shall not be construed as a
part
of, any bail set under Criminal Rule 46;
(2) Is effective only until the disposition, by the court
that
issued the order or, in the circumstances described in
division
(D)(3) of this section, by the court of common pleas to
which the
alleged offender is bound over for prosecution, of the
criminal proceeding arising out of the complaint upon which the
order is
based or until the issuance under section 2903.214 of the
Revised Code of a protection
order arising out of the same
activities as those that were the basis of the
complaint filed
under this section;
(3) Shall not be construed as a finding that the alleged
offender committed the alleged offense and shall not be
introduced
as evidence of the commission of the offense at the
trial of the
alleged offender on the complaint upon which the
order is based.
(F) A person who meets the criteria for bail under
Criminal
Rule 46 and who, if required to do so pursuant to that
rule,
executes or posts bond or deposits cash or securities as
bail,
shall not be held in custody pending a hearing before the
court on
a motion requesting a protection order
under this section.
(G)(1) A copy of a protection order that
is issued under
this
section shall be issued by the court to the
complainant, to
the
alleged victim, to the person who requested the
order, to the
defendant, and to all law enforcement
agencies that have
jurisdiction to enforce the order. The court
shall direct that a
copy of the order be delivered to the
defendant on the same day
that the order is entered. If a municipal court
or a county court
issues a
protection order under this section and if, subsequent to
the
issuance of the order, the defendant who is the subject of the
order is bound over to the court of common pleas for prosecution
as described in division (D)(3)
of this section, the municipal
court or county court shall
direct that a copy of the order be
delivered to the court of
common pleas to which the defendant is
bound over.
(2) All law enforcement agencies shall establish and
maintain
an index for the protection orders
delivered to the
agencies
pursuant to division (G)(1) of this
section. With
respect to each
order delivered, each agency shall
note on the
index the date and
time of the agency's receipt of
the order.
(3) Regardless of whether the petitioner has registered the
protection order in the county in which the officer's agency has
jurisdiction,
any officer of a law enforcement agency shall
enforce
a protection order issued pursuant to this
section in
accordance with the
provisions of the order.
(H) Upon a violation of a protection order
issued pursuant
to
this section,
the court may issue another protection order
under
this section, as a
pretrial condition of release, that
modifies
the terms of the
order that was violated.
(I) Notwithstanding any provision of law to the contrary
and
regardless of whether a protection order is issued or a consent
agreement is approved by a court of
another county or by a court
of another state,
no
court
or unit of state or local government
shall
charge
any fee, cost, deposit, or money in connection
with
the filing of a motion
pursuant
to
this section, in
connection
with the filing, issuance,
registration, or service of
a
protection order or consent agreement, or for obtaining
certified
copies of a protection order or consent agreement.
(J) As used in this section, "sexually oriented offense" has
the same meaning as in section 2950.01 of the Revised Code.
Sec. 2903.214. (A) As used in this section:
(1) "Court" means the court of common pleas of the county in
which the
person to be protected by the protection order resides.
(2) "Victim advocate" means a person who provides support
and
assistance
for
a person who files a petition under this
section.
(3) "Family or household member" has
the same meaning as in
section 3113.31 of the
Revised Code.
(4) "Protection order issued by a court of another state"
has
the same meaning as in section 2919.27 of the
Revised Code.
(5) "Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.
(B) The court has jurisdiction over all proceedings under
this section.
(C) A person may seek relief under this section for
the
person, or any parent or adult household member may
seek relief
under this section on behalf of any other family or household
member, by filing a petition with the court. The petition shall
contain or state both of the following:
(1) An allegation that the respondent engaged in a violation
of section
2903.211 of the Revised Code against the person to be
protected by the protection order or committed a sexually oriented
offense against the person to be protected by the protection
order, including a description of the
nature and
extent of the
violation;
(2) A request for relief under this section.
(D)(1) If a person who files a petition pursuant to this
section requests an ex parte order, the court shall hold an ex
parte hearing as soon as possible after the petition is filed, but
not later
than the next day that the court is in session after the
petition is filed.
The
court, for good cause shown at the ex
parte hearing, may enter
any temporary orders, with or without
bond, that the court finds necessary for
the safety and protection
of the person to be protected by the order.
Immediate and present
danger to the person to be protected by the protection
order
constitutes good cause for purposes of this section. Immediate
and
present danger includes, but is not limited to,
situations in
which the respondent has threatened the person to be protected
by
the protection order with bodily harm or in which the respondent
previously has been convicted of or pleaded guilty to a violation
of section
2903.211
of the Revised Code or a sexually oriented
offense against the person to be
protected by the protection
order.
(2)(a) If the court, after an ex parte hearing, issues a
protection order
described in division (E) of this section, the
court
shall schedule a full hearing for a date that is within ten
court days after
the ex
parte hearing. The court shall give the
respondent notice of, and an
opportunity to
be heard at, the full
hearing.
The court shall hold the full hearing on the date
scheduled under this division unless the court grants a
continuance of the hearing in accordance with this division.
Under
any of the following circumstances or for any of the
following
reasons, the court may grant a continuance of the full
hearing to
a reasonable time determined by the court:
(i) Prior to the date scheduled for
the full hearing under
this division, the respondent has not
been served with the
petition filed pursuant to this section and
notice of the full
hearing.
(ii) The parties consent to the
continuance.
(iii) The continuance is needed to
allow a party to obtain
counsel.
(iv) The continuance is needed for
other good cause.
(b) An ex parte order issued under
this section does not
expire because of a failure to serve
notice of the full hearing
upon the respondent before the date
set for the full hearing under
division
(D)(2)(a)
of this section or because the court grants a
continuance under
that division.
(3) If a person who files a petition pursuant to this
section
does not request an ex parte order, or if a person
requests an ex
parte order but the court does not issue an ex
parte order after
an ex parte hearing, the court shall proceed as
in a normal civil
action and grant a full hearing on the matter.
(E)(1) After an ex parte or full hearing, the court may
issue
any protection order, with or without bond,
that contains
terms
designed to ensure the safety and protection of the person
to be
protected by the protection order, including, but not
limited to,
a
requirement that the
respondent refrain from
entering the
residence, school, business, or place of employment
of the
petitioner or family or household member.
If the court
includes a
requirement that the respondent
refrain from entering
the
residence, school, business, or place
of employment of the
petitioner or family or household member in
the order, it also
shall include in the order provisions of the
type described in
division
(E)(5) of this section.
(2)(a) Any protection order issued pursuant to this section
shall
be valid until a date certain
but not later than five years
from the date of its issuance.
(b) Any protection order issued pursuant to this section may
be
renewed in the same
manner as the original order was issued.
(3) A court may not issue a protection order that requires a
petitioner to
do or to refrain from doing an act that the court
may require a respondent to
do
or to refrain from doing under
division (E)(1) of this section unless
all of the following apply:
(a) The respondent files a separate petition for a
protection
order in
accordance with this section.
(b) The petitioner is served with notice of the respondent's
petition
at least
forty-eight hours before the court holds a
hearing with respect to the
respondent's petition, or the
petitioner waives the right to receive this
notice.
(c) If the petitioner has requested an ex parte order
pursuant to
division (D) of this section, the court does not delay
any hearing
required by that division beyond the time specified in
that division in order
to consolidate the hearing with a hearing
on the petition filed by the
respondent.
(d) After a full hearing at which the respondent presents
evidence in support of the request for a protection order and the
petitioner
is afforded an opportunity to defend against that
evidence, the court
determines that the petitioner has committed a
violation of section
2903.211 of the Revised Code against the
person to be protected by the
protection order issued pursuant to
this section, has committed a sexually oriented offense against
the person to be protected by the protection order, or has
violated a protection
order issued
pursuant to
section 2903.213 of
the Revised Code relative to the person to be
protected by
the
protection order issued pursuant to this section.
(4) No protection order issued pursuant to this section
shall
in any
manner affect title to any real property.
(5)(a) If
the court issues a protection order under this
section that
includes a requirement that the alleged offender
refrain from
entering the residence, school, business, or place of
employment
of the petitioner or a family or household member, the
order
shall clearly state that the order cannot be waived or
nullified
by an invitation to the alleged offender from the
complainant to
enter the residence, school, business, or place of
employment or
by the alleged offender's entry into one of those
places
otherwise upon the consent of the petitioner or family or
household member.
(b) Division
(E)(5)(a)
of this section does not limit any
discretion of a court to
determine that an alleged offender
charged with a violation of
section 2919.27 of the Revised Code,
with a violation of a
municipal ordinance or township resolution
substantially equivalent
to that section, or
with contempt of
court, which charge is based
on an alleged
violation of a
protection order issued under this
section, did
not commit the
violation or was not in contempt of
court.
(F)(1) The court shall cause the delivery of a copy of any
protection order that is issued under this
section
to the
petitioner, to the respondent, and to
all law enforcement agencies
that have jurisdiction to enforce
the order. The court shall
direct that a copy of the
order be delivered to the respondent on
the same day that the
order is entered.
(2) All law enforcement agencies shall establish and
maintain
an index for the protection orders delivered to the
agencies
pursuant
to division
(F)(1) of this section. With
respect to each
order delivered, each
agency shall note on the
index the
date and
time that it received the order.
(3) Regardless of whether the petitioner has registered the
protection
order
in the county in which the officer's agency has
jurisdiction
pursuant to division (M) of this section, any officer
of a law
enforcement agency shall enforce a protection order
issued pursuant to this
section by any court in
this state in
accordance with the provisions of the order, including removing
the respondent from the premises, if appropriate.
(G) Any proceeding under this section shall be conducted
in
accordance with the Rules of Civil Procedure,
except that a
protection
order may be obtained under this section with or
without bond.
An order issued under this section, other than an
ex parte
order, that grants a protection order, or that refuses to
grant
a protection order, is a final, appealable order.
The
remedies and procedures provided in this section are in
addition
to, and not in lieu of, any other available civil or
criminal
remedies.
(H) The filing of proceedings under this section does not
excuse a person from filing any report or giving any notice
required by section 2151.421 of the Revised Code or by any
other
law.
(I) Any law enforcement agency that investigates an alleged
violation of section 2903.211 of the Revised Code or an alleged
commission of a sexually oriented offense shall
provide
information to the victim and the family or household members of
the
victim regarding the relief available under this section and
section 2903.213
of the Revised Code.
(J) Notwithstanding any provision of law to the contrary
and
regardless of whether a protection order is issued or a consent
agreement is approved by a court of
another county or by a court
of another state,
no court
or unit of state or local government
shall
charge
any fee, cost, deposit, or money in connection
with
the filing of a petition
pursuant
to this section, in
connection
with the filing, issuance,
registration, or service of
a
protection order or consent agreement, or for obtaining a
certified copy of a protection order or consent agreement.
(K)(1) A person who violates a protection order issued
under
this section is subject to the following sanctions:
(a) Criminal prosecution for a violation of section
2919.27
of the Revised Code, if the violation of the protection
order
constitutes a violation of that section;
(b) Punishment for contempt of court.
(2) The punishment of a person for contempt of court for
violation of a protection order issued under this section does not
bar
criminal prosecution of
the person for a violation of section
2919.27 of the Revised
Code. However, a person punished for
contempt of court is
entitled to credit for the punishment imposed
upon conviction of
a violation of that section, and a person
convicted of a
violation of that section shall not subsequently be
punished for
contempt of court arising out of the same activity.
(L) In all stages of a proceeding under this section, a
petitioner may be
accompanied by a victim advocate.
(M)(1) A petitioner who obtains a protection order under
this
section or a protection order
under section 2903.213 of the
Revised Code may
provide notice of the issuance or approval of the
order to the judicial and
law enforcement officials in any county
other
than the county in which the order is issued by registering
that order in the
other county pursuant to division
(M)(2) of this
section and filing a copy of the registered order with
a law
enforcement agency in the other county in accordance with that
division.
A person who obtains a protection order issued by a
court
of another state may provide notice of the issuance of the
order
to the judicial and law enforcement officials in any county
of
this state by registering the order in that county pursuant to
section 2919.272 of the Revised Code and filing a copy of
the
registered order with a law enforcement agency in that
county.
(2) A petitioner may register a protection order
issued
pursuant to this section or section
2903.213 of the Revised Code
in a county other
than the county in which
the court that issued
the order is located in the following manner:
(a) The petitioner shall obtain a certified copy of the
order
from the clerk of the court that issued the order and
present that
certified
copy to the clerk of the court of common
pleas or the
clerk of a municipal
court or county court in the
county in which
the order is to be registered.
(b) Upon accepting the certified copy of the order for
registration, the clerk of the court of common pleas, municipal
court, or
county court shall
place an endorsement of registration
on the order and give the
petitioner a copy of the order that
bears that proof of registration.
(3) The clerk of each court of common pleas,
municipal
court,
or county court shall maintain a registry of certified
copies of
protection
orders that have been issued
by courts in
other
counties pursuant to
this section or section 2903.213 of the
Revised Code
and that have been registered with the
clerk.
Sec. 2907.24. (A) No person shall solicit another to engage
with such other
person in sexual activity for hire.
(B) No person, with knowledge that the person has tested
positive as a
carrier of a virus that causes acquired
immunodeficiency syndrome, shall
engage in conduct in violation of
division (A) of this section.
(C)(1) Whoever violates division (A) of this section
is
guilty of soliciting, a misdemeanor of the third degree.
(2) Whoever violates division (B) of this section is
guilty
of engaging in solicitation after a positive HIV test. If the
offender commits the violation prior to July 1, 1996, engaging in
solicitation after a positive HIV test is a felony of the second
degree. If the offender commits the violation on or after July 1,
1996, engaging in solicitation after a positive HIV test is a
felony
of the third degree.
(D)
If a person is convicted of or pleads guilty to a
violation
of any provision of this section, an attempt to commit a
violation of any
provision of this section, or a violation of or
an attempt to commit a
violation of a municipal ordinance or
township resolution that is
substantially equivalent to any
provision of this section and if
the person, in committing or
attempting to
commit the violation,
was in, was on, or used a
motor vehicle, the court, in
addition to
or independent of all
other penalties imposed for the violation,
shall impose upon the
offender a class six suspension of the
person's driver's
license,
commercial driver's license, temporary
instruction permit,
probationary license, or nonresident operating
privilege from the
range
specified in division (A)(6) of section
4510.02 of the
Revised Code.
Sec. 2907.27. (A)(1) If a person is charged with a
violation
of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241,
or
2907.25 of the Revised Code or with a violation of a municipal
ordinance or township resolution
that is substantially equivalent
to any of those
sections, the arresting
authorities or a court,
upon the request
of the prosecutor in the case or upon
the request
of the victim,
shall cause the accused to submit to one or
more
appropriate tests
to determine if
the accused is suffering from a
venereal disease.
(2) If the accused is found to be suffering from a
venereal
disease in an infectious stage, the accused shall be
required to
submit to medical treatment for that disease. The cost of the
medical
treatment shall be charged to and paid by the accused who
undergoes the
treatment. If the accused is indigent, the court
shall order the accused to
report to
a facility operated by a city
health district or a general health district for
treatment. If
the
accused is
convicted of or pleads guilty to the offense with
which
the accused
is
charged and is placed
under a
community control
sanction, a condition of
community
control shall be that the
offender submit to and faithfully follow
a
course of medical
treatment for the venereal disease. If the
offender
does not seek
the required medical treatment, the court
may revoke the
offender's
community control and order
the offender to undergo
medical treatment during the
period of the
offender's
incarceration and to pay the cost of that treatment.
(B)(1)(a) Notwithstanding the requirements for informed
consent
in section 3701.242 of the Revised Code, if a person is
charged
with a violation of division (B) of section 2903.11 or of
section 2907.02, 2907.03, 2907.04,
2907.05, 2907.12, 2907.24,
2907.241, or 2907.25 of the
Revised Code or with a violation of a
municipal ordinance or township resolution that is
substantially
equivalent to that
division or any of those sections, the
court,
upon the request
of
the
prosecutor in the case, upon the request
of the victim, or
upon the request of
any other
person whom the
court reasonably
believes had contact with the accused in
circumstances related to
the violation that could have resulted in
the
transmission to that
person of a virus that causes acquired
immunodeficiency
syndrome,
shall cause the accused to submit to
one or more tests designated
by the director of health under
section
3701.241 of the Revised
Code to determine if the accused
is a
carrier of a virus that
causes acquired immunodeficiency
syndrome. The court, upon the
request of the prosecutor in the
case,
upon the request of the
victim with the agreement of the
prosecutor, or upon the request
of any other
person with the
agreement of the prosecutor, may
cause an accused who is
charged
with a violation of any other
section of the Revised
Code or with
a violation of any other
municipal ordinance to submit
to one or
more tests so designated
by the director of health if the
circumstances of the violation
indicate
probable cause to believe
that the accused, if the
accused is infected with
the virus that
causes acquired
immunodeficiency syndrome, might have
transmitted
the virus to any
of the following persons in committing the
violation:
(i) In relation to a request made by the prosecuting
attorney, to
the victim or to any other person;
(ii) In relation to a request made by the victim, to the
victim
making the request;
(iii) In relation to a request made by any other person, to
the
person making the request.
(b) The results of a test performed under division
(B)(1)(a)
of this section shall be communicated in
confidence to the court,
and the court shall inform the accused
of the result. The court
shall inform the victim that the test
was performed and that the
victim has a right to receive the
results on request. If the test
was performed upon the
request of a person other than the
prosecutor in the case and other than the
victim, the court shall
inform the person who made the request that the test
was performed
and that the person has a right to receive the results upon
request. Additionally, regardless of who made the request that
was
the basis
of the test being performed, if the court reasonably
believes that, in
circumstances related to the violation, a person
other than the
victim had contact with the accused that could have
resulted in
the transmission of the virus to that person, the
court may
inform that person that the test was performed and that
the
person has a right to receive the results of the test on
request. If the accused tests positive for a virus
that causes
acquired immunodeficiency syndrome, the test results
shall be
reported to the department of health in accordance with
section
3701.24 of the Revised Code and to the sheriff, head of
the state
correctional institution, or other person in
charge of any jail or
prison in which the accused is
incarcerated. If the accused tests
positive for
a virus that causes acquired immunodeficiency
syndrome and the accused was
charged with, and was convicted of or
pleaded guilty to, a violation of
section 2907.24, 2907.241, or
2907.25 of the Revised Code or
a violation of a municipal
ordinance or township resolution that is substantially equivalent
to any
of those
sections, the test results also shall be reported
to the law
enforcement agency that arrested the accused, and the
law
enforcement agency
may use the test results as the basis for
any
future charge of a violation of division (B) of any of those
sections
or a violation of a municipal ordinance or township
resolution that is
substantially equivalent to
division (B) of any
of those sections.
No other
disclosure of the test results or the
fact that a test
was performed shall be made, other than as
evidence
in a grand
jury proceeding or as evidence in a judicial
proceeding in
accordance with the Rules of Evidence. If the test
result
is
negative, and the charge has not been dismissed or if
the
accused
has been convicted of the charge or a different
offense
arising
out of the same circumstances as the offense
charged, the
court
shall order that the test be repeated not
earlier than
three
months nor later than six months after the
original test.
(2) If an accused who is free on bond refuses
to submit to a
test ordered by the court pursuant to division
(B)(1) of this
section, the court may order that the
accused's bond be revoked
and that the accused be incarcerated
until the test is performed.
If an accused who is incarcerated
refuses to submit to a test
ordered by the court pursuant to
division (B)(1) of this section,
the court shall order
the person in charge of the jail or prison
in which the accused
is incarcerated to take any action necessary
to facilitate the
performance of the test, including the forcible
restraint of the
accused for the purpose of drawing blood to be
used in the test.
(3) A state agency, a political subdivision of the
state, or
an employee of a state agency or of a political
subdivision of the
state is immune from liability in a civil
action to recover
damages for injury, death, or loss to person or
property allegedly
caused by any act or omission in connection
with the performance
of the duties required under division
(B)(2) of this section
unless the acts or omissions are
with malicious purpose, in bad
faith, or in a wanton or reckless
manner.
(C) As used in this section, "community control sanction"
has
the same meaning as in section 2929.01 of the Revised Code.
Sec. 2907.28. (A) Any cost incurred by a hospital or
emergency medical facility in conducting a medical
examination of
a victim of an offense under any provision of sections 2907.02
to
2907.06 of the Revised Code for the purpose of
gathering physical
evidence for a possible prosecution, including
the cost of
any
antibiotics administered as part of the examination,
shall be
paid
out of the reparations fund established pursuant to section
2743.191 of the Revised Code, subject to the following conditions:
(1) The hospital or emergency facility shall follow a
protocol for conducting
such medical
examinations that is
identified by the attorney general in rule adopted
in accordance
with Chapter 119. of the Revised
Code.
(2) The hospital or emergency facility shall submit
requests
for payment to the attorney general on a monthly basis, through
a
procedure determined by the attorney general and on forms approved
by
the attorney general. The requests shall identify the number of
sexual assault examinations performed and shall verify that all
required protocols were met for each examination form submitted
for
payment in the request.
(3) The attorney general shall review all requests for
payment
that are submitted under division (A)(2) of this section
and
shall submit for payment as described in division (A)(5) of
this
section all requests that meet the requirements of this
section.
(4) The hospital or emergency facility shall accept a flat
fee payment for conducting each examination in the amount
determined by the attorney general pursuant to Chapter 119. of the
Revised Code as
payment in full for any cost incurred in
conducting a medical examination and
test of a victim of an
offense under any provision of sections 2907.02 to
2907.06 of the
Revised Code for the purpose of gathering physical evidence for a
possible
prosecution of a person. The attorney general shall
determine a flat fee
payment amount to be paid under this division
that is reasonable.
(5) In approving a payment under
this section, the attorney
general shall order the payment against the
state.
The payment
shall be accomplished only through the
following procedure, and
the procedure may be enforced through a mandamus
action and a writ
of mandamus directed to the appropriate
official:
(a) The attorney general shall provide for payment in the
amount set
forth in the order.
(b) The expense of the payment of the amount described in
this section shall be charged
against all
available unencumbered
moneys in the reparations fund.
(B) No costs incurred by a hospital or emergency facility
in
conducting a medical examination and test of any victim of an
offense
under any provision of sections 2907.02 to 2907.06 of the
Revised Code for the
purpose of gathering physical evidence for a
possible prosecution of a person
shall be billed or charged
directly or indirectly to the victim or the
victim's insurer.
(C) Any cost incurred by a hospital or emergency
medical
facility in conducting a medical examination and test of
any
person who is charged with a violation of division (B) of section
2903.11
or of section 2907.02,
2907.03, 2907.04, 2907.05, 2907.24,
2907.241, or 2907.25 of the Revised Code or with a violation
of a
municipal ordinance or township resolution that is substantially
equivalent to that division or
any of those
sections, pursuant to
division (B)
of section 2907.27 of the Revised Code, shall be
charged to and
paid by the accused who undergoes the examination
and test, unless the court
determines that the accused
is unable
to pay, in which case the cost shall be charged to and
paid
by the
municipal corporation in which the offense allegedly was
committed, or charged to and paid by the township in which the
offense allegedly was committed if the offense is a violation of
a township resolution, or by the county if the offense
allegedly
was committed within an unincorporated area and is not a violation
of a township resolution. If separate counts of
an alleged offense
or alleged separate offenses under section
2907.02, 2907.03,
2907.04, 2907.05,
2907.24, 2907.241, or
2907.25 of the Revised
Code or under a municipal ordinance or township resolution that is
substantially equivalent to any of those sections took place in
more than one municipal corporation or more than one
unincorporated area, or both, the local governments shall share
the cost of the examination and test. If a
hospital or other
emergency medical facility has submitted
charges for the cost of a
medical examination and test to an
accused and has been unable to
collect payment for the charges
after making good faith attempts
to collect for a period of six
months or more, the cost shall be
charged to and paid by the
appropriate municipal corporation or
county as specified in
division (C) of this section.
Sec. 2907.41. (A) Subject to division (D) of this section, a
person who is charged with the commission of any sexually oriented
offense or with a violation of section 2907.09 of the Revised Code
shall appear before the court for the setting of bail if the
person charged previously was convicted of or pleaded guilty to a
sexually oriented offense, a violation of section 2907.09 of the
Revised Code, or a violation of an existing or former municipal
ordinance, township resolution, or law of this or any other state
or the United States that is substantially similar to section
2907.09 of the Revised Code.
(B) To the extent that information about any of the following
is available to the court, the court, in addition to any other
circumstances considered by the court and notwithstanding any
provisions to the contrary contained in Criminal Rule 46, shall
consider all of the following before setting bail for a person who
appears before the court pursuant to division (A) of this section:
(1) Whether the person previously has been adjudicated a
sexual predator or child-victim predator pursuant to Chapter 2950.
of the Revised Code, previously has been determined to be a
habitual sex offender or habitual child-victim offender pursuant
to that Chapter chapter, has a history of committing sexually
oriented offenses or child-victim oriented offenses, or has a
history of committing violations of section 2907.09 of the Revised
Code or violations of an existing or former municipal ordinance,
township resolution, or law of this or any other state or the
United States that is substantially similar to that section;
(2) The mental health of the person;
(3) Whether the person has a history of violating the orders
of any court or governmental entity;
(4) Whether the person is potentially a threat to any other
person;
(5) Whether the person has access to deadly weapons or a
history of using deadly weapons;
(6) Whether the person has a history of abusing alcohol or
any controlled substance;
(7) The severity of the alleged conduct of the person that is
the basis of the offense, including but not limited to, the
duration of the alleged conduct, and whether the alleged conduct
involved physical injury, assault, violence, or forcible entry to
gain access to an alleged victim;
(8) Whether the person has exhibited obsessive or controlling
behaviors toward another person, including, but not limited to,
stalking, surveillance, or isolation of another person;
(9) Whether the person has expressed suicidal or homicidal
ideations;
(10) Any information contained in the complaint and any
police reports, affidavits, or other documents accompanying the
complaint.
(C) Any court that has jurisdiction over charges alleging the
commission of a sexually oriented offense or a violation of
section 2907.09 of the Revised Code, in circumstances in which the
person charged previously was convicted of or pleaded guilty to
any of the offenses or violations described in division (A) of
this section, may set a schedule for bail to be used in cases
involving those offenses and violations. The schedule shall
require that a judge consider all of the factors listed in
division (B) of this section and may require judges to set bail at
a certain level if the history of the alleged offender or the
circumstances of the alleged offense meet certain criteria in the
schedule.
(D)(1) Upon the court's own motion or the motion of a party
and upon any terms that the court may direct, a court may permit a
person who is required to appear before it by division (A) of this
section to appear by video conferencing equipment.
(2) If, in the opinion of the court, the appearance in person
or by video conferencing equipment of a person who is charged with
a misdemeanor and who is required to appear before the court by
division (A) of this section is not practicable, the court may
waive the appearance and release the person on bail in accordance
with the court's schedule for bail set under division (C) of this
section or, if the court has not set a schedule for bail under
that division, on one or both of the following types of bail in an
amount set by the court:
(a) A bail bond secured by a deposit of ten per cent of the
amount of the bond in cash;
(b) A surety bond, a bond secured by real estate or
securities as allowed by law, or the deposit of cash, at the
option of the person.
(3) Division (A) of this section does not create a right in a
person to appear before the court for the setting of bail or
prohibit a court from requiring any person charged with a sexually
oriented offense or a violation of section 2907.09 of the Revised
Code who is not described in that division from appearing before
the court for the setting of bail.
(E) As used in this section, "child-victim oriented offense,"
"child-victim predator," "habitual child-victim offender,"
"habitual sex offender," "sexually oriented offense," and "sexual
predator" have the same meanings as in section 2950.01 of the
Revised Code.
Sec. 2913.01. As used in this chapter, unless the context
requires
that a term be given a different meaning:
(A) "Deception" means knowingly deceiving another or
causing
another to be deceived by any false or misleading
representation,
by withholding information, by preventing another
from acquiring
information, or by any other conduct, act, or
omission that
creates, confirms, or perpetuates a false
impression in another,
including a false impression as to law,
value, state of mind, or
other objective or subjective fact.
(B) "Defraud" means to knowingly obtain, by deception,
some
benefit for oneself or another, or to knowingly cause, by
deception, some detriment to another.
(C) "Deprive" means to do any of the following:
(1) Withhold property of another permanently, or for a
period
that appropriates a substantial portion of its value or
use, or
with purpose to restore it only upon payment of a reward
or other
consideration;
(2) Dispose of property so as to make it unlikely that the
owner will recover it;
(3) Accept, use, or appropriate money, property, or
services,
with purpose not to give proper consideration in return
for the
money, property, or services, and without reasonable
justification
or excuse for not giving proper consideration.
(D) "Owner" means, unless the context requires a different
meaning, any person, other than the actor, who is
the owner of,
who has possession or control of, or who has
any license
or
interest in property or services, even though the ownership,
possession, control, license, or interest is unlawful.
(E) "Services" include labor, personal services,
professional
services, public utility services including wireless service as
defined in division (F)(1) of section 4931.40 of the Revised Code,
common carrier
services, and food, drink, transportation,
entertainment, and
cable television services
and, for purposes of
section 2913.04 of
the Revised Code, include cable services as
defined in that
section.
(F) "Writing" means any computer software, document,
letter,
memorandum, note, paper, plate, data, film, or other
thing having
in or upon it any written, typewritten, or printed
matter, and any
token, stamp, seal, credit card,
badge, trademark, label, or other
symbol of value, right,
privilege, license, or identification.
(G) "Forge" means to fabricate or create, in whole or in
part
and by any means, any spurious writing, or to make, execute,
alter, complete, reproduce, or otherwise purport to authenticate
any writing, when the writing in fact is not authenticated by
that
conduct.
(H) "Utter" means to issue, publish, transfer, use, put or
send into circulation, deliver, or display.
(I) "Coin machine" means any mechanical or electronic
device
designed to do both of the following:
(1) Receive a coin, bill, or token made for that purpose;
(2) In return for the insertion or deposit of a coin,
bill,
or token, automatically dispense property, provide a
service, or
grant a license.
(J) "Slug" means an object that, by virtue of its size,
shape, composition, or other quality, is capable of being
inserted
or deposited in a coin machine as an improper substitute
for a
genuine coin, bill, or token made for that purpose.
(K) "Theft offense" means any of the following:
(1) A violation of section 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31,
2913.32,
2913.33, 2913.34,
2913.40, 2913.42, 2913.43, 2913.44, 2913.45,
2913.47, former section
2913.47 or 2913.48, or section 2913.51,
2915.05,
or 2921.41 of the Revised Code;
(2) A violation of an existing or former municipal
ordinance
or law of this or any other state, or of the United
States,
substantially equivalent to any section listed in
division (K)(1)
of this section or a violation of section 2913.41, 2913.81,
or
2915.06 of the Revised Code as it existed prior to July 1, 1996;
(3) An offense under an existing or former municipal
ordinance, township resolution, or law of this or any other state,
or of the United
States, involving robbery, burglary, breaking and
entering,
theft,
embezzlement, wrongful conversion, forgery,
counterfeiting,
deceit, or fraud;
(4) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (K)(1), (2), or (3) of this
section.
(L) "Computer services" includes, but is not limited to,
the
use of a computer system, computer network, computer program,
data
that is prepared for computer use, or data that is contained
within a computer system or computer network.
(M) "Computer" means an electronic device that performs
logical, arithmetic, and memory functions by the manipulation of
electronic or magnetic impulses. "Computer" includes, but is not
limited to, all input, output, processing, storage, computer
program, or communication facilities that are connected, or
related, in a computer system or network to an electronic
device
of that nature.
(N) "Computer system" means a computer and related
devices,
whether connected or unconnected, including, but not
limited to,
data input, output, and storage devices, data
communications
links, and computer programs and data that make
the system capable
of performing specified special purpose data
processing tasks.
(O) "Computer network" means a set of related and remotely
connected computers and communication facilities that includes
more than one computer system that has the capability to transmit
among the connected computers and communication facilities
through
the use of computer facilities.
(P) "Computer program" means an ordered set of data
representing coded instructions or statements that, when executed
by a computer, cause the computer to process data.
(Q) "Computer software" means computer programs,
procedures,
and other documentation associated with the operation
of a
computer system.
(R) "Data" means a representation of information,
knowledge,
facts, concepts, or instructions that are being or
have been
prepared in a formalized manner and that are intended
for use in a
computer, computer system, or computer
network. For
purposes
of
section 2913.47 of the Revised Code, "data" has the additional
meaning set forth in division (A) of that section.
(S) "Cable television service" means any services provided
by
or through the facilities of any cable television system or
other
similar closed circuit coaxial cable communications system,
or any
microwave or similar transmission service used in
connection with
any cable television system or other similar
closed circuit
coaxial cable communications system.
(T) "Gain access" means to approach, instruct, communicate
with, store data in, retrieve data from, or otherwise make use of
any resources of a computer, computer system, or computer
network,
or any cable service or cable system both as defined in section
2913.04 of the Revised Code.
(U) "Credit card" includes, but is not limited to, a card,
code, device, or other means of access to a customer's account
for
the purpose of obtaining money, property, labor, or services
on
credit, or for initiating an electronic fund transfer at a
point-of-sale terminal, an automated teller machine, or a cash
dispensing machine. It also includes a county procurement card
issued under section 301.29 of the Revised Code.
(V) "Electronic fund transfer" has the same meaning as in
92
Stat. 3728, 15 U.S.C.A. 1693a, as amended.
(W) "Rented property" means personal property in which the
right
of possession and use of the property is for a short and
possibly
indeterminate term in return for consideration; the
rentee generally controls
the duration of possession of the
property, within any applicable minimum or
maximum term; and the
amount of consideration generally is determined by the
duration of
possession of the property.
(X) "Telecommunication" means the origination,
emission,
dissemination, transmission, or reception of data, images,
signals,
sounds, or other intelligence or equivalence of
intelligence of
any nature over any communications system by any
method,
including, but not limited to, a fiber optic, electronic,
magnetic, optical, digital, or analog method.
(Y) "Telecommunications
device" means any instrument,
equipment, machine, or other
device that facilitates
telecommunication, including, but not
limited to, a computer,
computer network, computer chip, computer
circuit, scanner,
telephone, cellular telephone, pager, personal
communications
device, transponder, receiver, radio, modem, or
device that
enables the use of a modem.
(Z) "Telecommunications
service" means the providing,
allowing, facilitating, or
generating of any form of
telecommunication through the use of a
telecommunications device
over a telecommunications system.
(AA) "Counterfeit
telecommunications device" means a
telecommunications device that,
alone or with another
telecommunications device, has been altered,
constructed,
manufactured, or programmed to acquire, intercept, receive, or
otherwise facilitate the use of a telecommunications service or
information
service without the
authority or consent of the
provider of the telecommunications
service or information service.
"Counterfeit telecommunications device"
includes, but
is not
limited to, a clone telephone, clone microchip, tumbler
telephone,
or tumbler microchip; a wireless scanning device
capable of
acquiring, intercepting, receiving, or otherwise
facilitating the
use of telecommunications service or information service
without
immediate detection; or a device, equipment, hardware, or software
designed for, or capable of, altering or changing the electronic
serial number
in a wireless telephone.
(BB)(1) "Information
service" means, subject to division
(BB)(2) of this section, the
offering of a capability for
generating, acquiring, storing,
transforming, processing,
retrieving, utilizing, or making
available information via
telecommunications, including, but not
limited to, electronic
publishing.
(2) "Information service" does not include any use of a
capability of a type described in division
(BB)(1) of this section
for the
management, control, or operation of a telecommunications
system
or the management of a telecommunications service.
(CC) "Elderly person" means a person who is sixty-five
years
of age or older.
(DD) "Disabled adult" means a person who is eighteen years
of
age
or older
and has some impairment of body or mind that makes
the person unable to work
at any substantially remunerative
employment that the person
otherwise would be able to perform and
that will, with reasonable
probability, continue for a period of
at least twelve months
without any present indication of recovery
from the impairment, or who is
eighteen years of age or older and
has been certified as permanently and
totally disabled by an
agency
of this state or the United States that has the function of
so classifying persons.
(EE) "Firearm" and "dangerous ordnance" have the same
meanings as
in section 2923.11 of the Revised Code.
(FF) "Motor vehicle" has the same meaning as in section
4501.01
of the Revised Code.
(GG) "Dangerous drug" has the same meaning as in section
4729.01
of the Revised Code.
(HH) "Drug abuse offense" has the same meaning as in section
2925.01 of the Revised Code.
(II)(1) "Computer hacking" means any of the following:
(a) Gaining access or attempting to gain access to all or
part of a computer, computer system, or a computer network without
express or implied authorization with the intent to defraud or
with intent to commit a crime;
(b) Misusing computer or network services including, but not
limited to, mail transfer programs, file transfer programs, proxy
servers, and web servers by performing functions not authorized by
the owner of the computer, computer system, or computer network or
other person authorized to give consent. As used in this division,
"misuse of computer and network services" includes, but is not
limited to, the unauthorized use of any of the following:
(i) Mail transfer programs to send mail to persons other than
the authorized users of that computer or computer network;
(ii) File transfer program proxy services or proxy servers to
access other computers, computer systems, or computer networks;
(iii) Web servers to redirect users to other web pages or web
servers.
(c)(i) Subject to division (II)(1)(c)(ii) of this section,
using a group of computer programs commonly known as "port
scanners" or "probes" to intentionally access any computer,
computer system, or computer network without the permission of the
owner of the computer, computer system, or computer network or
other person authorized to give consent. The group of computer
programs referred to in this division includes, but is not limited
to, those computer programs that use a computer network to access
a computer, computer system, or another computer network to
determine any of the following: the presence or types of computers
or computer systems on a network; the computer network's
facilities and capabilities; the availability of computer or
network services; the presence or versions of computer software
including, but not limited to, operating systems, computer
services, or computer contaminants; the presence of a known
computer software deficiency that can be used to gain unauthorized
access to a computer, computer system, or computer network; or any
other information about a computer, computer system, or computer
network not necessary for the normal and lawful operation of the
computer initiating the access.
(ii) The group of computer programs referred to in division
(II)(1)(c)(i) of this section does not include standard computer
software used for the normal operation, administration,
management, and test of a computer, computer system, or computer
network including, but not limited to, domain name services, mail
transfer services, and other operating system services, computer
programs commonly called "ping," "tcpdump," and "traceroute" and
other network monitoring and management computer software, and
computer programs commonly known as "nslookup" and "whois" and
other systems administration computer software.
(d) The intentional use of a computer, computer system, or a
computer network in a manner that exceeds any right or permission
granted by the owner of the computer, computer system, or computer
network or other person authorized to give consent.
(2) "Computer hacking" does not include the introduction of a
computer contaminant, as defined in section 2909.02 of the Revised
Code, into a computer, computer system, computer program, or
computer network.
(JJ) "Police dog or horse" has the same meaning as in section
2921.321 of the Revised Code.
(KK) "Anhydrous ammonia" is a compound formed by the
combination of two gaseous elements, nitrogen and hydrogen, in the
manner described in this division. Anhydrous ammonia is one part
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by
weight is fourteen parts nitrogen to three parts hydrogen, which
is approximately eighty-two per cent nitrogen to eighteen per cent
hydrogen.
(LL) "Assistance dog" has the same meaning as in section
955.011 of the Revised Code.
(MM) "Federally licensed firearms dealer" has the same
meaning as in section 5502.63 of the Revised Code.
Sec. 2915.01. As used in this chapter:
(A)
"Bookmaking" means the business of receiving or paying
off bets.
(B)
"Bet" means the hazarding of anything of value upon
the
result of an event, undertaking, or contingency, but does not
include a bona fide business risk.
(C)
"Scheme of chance" means a
slot machine,
lottery, numbers
game,
pool conducted for profit,
or other scheme in which a
participant gives a
valuable
consideration for a chance to win a
prize,
but does not
include
bingo, a skill-based amusement
machine, or a pool not conducted for profit.
(D)
"Game of chance" means poker, craps, roulette,
or other
game in which a player gives
anything of value in the hope of
gain, the outcome of which is
determined largely
by chance,
but
does not include
bingo.
(E)
"Game of chance conducted for profit"
means
any
game of
chance designed to produce income for
the
person who conducts or
operates the
game of chance,
but
does not include
bingo.
(F)
"Gambling device" means
any of the following:
(1) A book, totalizer, or other equipment for recording
bets;
(2) A ticket, token, or other device representing a
chance,
share, or interest in a scheme of chance or evidencing a bet;
(3) A deck of cards, dice, gaming table, roulette wheel,
slot
machine,
or other apparatus designed for use in
connection with a
game of chance;
(4) Any equipment, device, apparatus, or paraphernalia
specially designed for gambling purposes;
(5)
Bingo supplies sold or otherwise provided, or used, in
violation of this
chapter.
(G)
"Gambling offense" means any of the following:
(1) A violation of section 2915.02, 2915.03, 2915.04,
2915.05, 2915.07, 2915.08,
2915.081, 2915.082, 2915.09,
2915.091,
2915.092, 2915.10, or 2915.11
of the Revised Code;
(2) A violation of an existing or former municipal
ordinance,
township resolution,
or law of this or any other state or the
United States
substantially equivalent to any section listed in
division (G)(1)
of this section or a violation of section 2915.06
of the
Revised
Code as it existed prior to
July
1, 1996;
(3) An offense under an existing or former municipal
ordinance, township resolution, or law of this or any other state
or the United States,
of which gambling is an element;
(4) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (G)(1), (2), or (3) of this
section.
(H)
Except as otherwise provided in this chapter,
"charitable
organization" means any tax exempt
religious,
educational,
veteran's, fraternal, sporting, service, nonprofit
medical,
volunteer rescue service, volunteer
firefighter's,
senior
citizen's, historic railroad educational, youth athletic, amateur
athletic, or youth
athletic
park organization.
An organization is
tax exempt if the
organization is, and has
received from the
internal revenue
service a determination letter
that currently is
in effect stating
that the organization is,
exempt from federal
income taxation
under subsection 501(a) and
described in
subsection 501(c)(3),
501(c)(4), 501(c)(8),
501(c)(10), or
501(c)(19) of the Internal
Revenue Code, or if the organization is
a sporting organization that is exempt from federal income
taxation under subsection 501(a) and is described in subsection
501(c)(7) of the Internal Revenue Code.
To
qualify as a charitable
organization, an
organization, except a
volunteer rescue service
or volunteer
fire
fighter's firefighter's
organization,
shall have
been in
continuous existence as
such in this state for
a period of
two
years immediately preceding
either the making of
an
application
for a
bingo license under
section 2915.08 of the
Revised Code or
the conducting of any
game of
chance as
provided
in division
(D) of
section 2915.02 of
the
Revised
Code.
A
charitable organization
that is exempt from federal income
taxation under subsection
501(a) and described in subsection
501(c)(3) of the Internal
Revenue Code and that is created by a
veteran's organization, a
fraternal organization, or a sporting
organization does not have to have been in continuous
existence as
such in this state for a period of two years
immediately preceding
either the making of an application for a
bingo license under
section 2915.08 of the Revised Code or the
conducting of any game
of chance as provided
in division (D) of section 2915.02 of the
Revised Code.
(I)
"Religious organization" means any church, body of
communicants, or group that is not organized or operated for
profit and that gathers in common membership for regular worship
and
religious observances.
(J)
"Educational organization" means any organization
within
this state that is not organized for profit, the
primary
purpose
of which
is
to educate and develop the capabilities of
individuals
through instruction by means of operating or contributing to the
support of a school, academy,
college, or
university.
(K)
"Veteran's organization" means any individual post or
state headquarters of
a
national veteran's association or an
auxiliary unit of any
individual post of a national veteran's
association, which post, state headquarters,
or
auxiliary unit has
been in continuous existence in this state for at least two years
and incorporated as a nonprofit
corporation
and either has
received a letter from
the state
headquarters of the national
veteran's association
indicating that
the individual post or
auxiliary unit is in good
standing with the
national veteran's
association or has received a letter from the national veteran's
association indicating that the state headquarters is in good
standing with the national veteran's association. As used in
this
division,
"national veteran's association" means any
veteran's
association
that has been in continuous existence as
such for a
period of at
least
five years and either is
incorporated by an act
of the
United States congress or has a
national dues-paying
membership of
at least five thousand
persons.
(L)
"Volunteer
firefighter's organization"
means any
organization of volunteer
firefighters, as
defined in section
146.01
of the Revised Code, that is organized
and operated
exclusively
to provide financial support for a
volunteer fire
department or a
volunteer fire company
and that is
recognized or
ratified by a county,
municipal corporation, or
township.
(M)
"Fraternal organization" means any society, order, state
headquarters, or
association within this state, except a college
or high school
fraternity, that is not organized for profit, that
is a branch,
lodge, or chapter of a national or state
organization, that
exists
exclusively for the common business or
sodality of its
members,
and that has been in continuous existence
in this state
for a
period of
five
years.
(N)
"Volunteer rescue service organization" means any
organization of volunteers organized to function as an emergency
medical service organization, as defined in section 4765.01 of the
Revised Code.
(O)
"Service organization" means either of the following:
(1) Any organization, not
organized for profit, that is
organized and operated exclusively
to provide, or to contribute to
the support of organizations or
institutions organized and
operated exclusively to provide,
medical and therapeutic services
for persons who are crippled,
born with birth defects, or have any
other mental or physical
defect or those organized and operated
exclusively to protect, or
to contribute to the support of
organizations or institutions
organized and operated exclusively
to protect, animals from
inhumane treatment or provide immediate
shelter to victims of domestic violence;
(2) Any organization that is described in subsection
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code
and is either a governmental unit or an organization that is tax
exempt under subsection 501(a) and described in subsection
501(c)(3) of the Internal Revenue Code and that is an
organization, not organized for profit, that is organized and
operated primarily to provide, or to contribute to the support of
organizations or institutions organized and operated primarily to
provide, medical and therapeutic services for persons who are
crippled, born with birth defects, or have any other mental or
physical defect.
(P)
"Nonprofit medical organization" means either of the
following:
(1) Any
organization that has been incorporated as a
nonprofit
corporation for at least
five years and that has
continuously
operated and will be operated
exclusively to provide,
or to
contribute to the support of
organizations or institutions
organized and operated exclusively to provide, hospital, medical,
research, or therapeutic services
for the public;
(2) Any organization that is described and qualified under
subsection 501(c)(3) of the Internal Revenue Code, that has been
incorporated as a nonprofit corporation for at least five years,
and that has continuously operated and will be operated primarily
to provide, or to contribute to the support of organizations or
institutions organized and operated primarily to provide,
hospital, medical, research, or therapeutic services for the
public.
(Q)
"Senior citizen's organization" means any private
organization, not organized for profit, that is organized and
operated exclusively to provide recreational or social services
for persons who are fifty-five years of age or older and that is
described and qualified under subsection 501(c)(3) of the
Internal
Revenue Code.
(R)
"Charitable bingo game" means any bingo game
described
in
division
(S)(1) or (2) of this section that is
conducted by a
charitable organization that has obtained a
license pursuant
to
section 2915.08 of the Revised Code and the
proceeds of which
are
used for a charitable purpose.
(S)
"Bingo" means
either of the following:
(1) A game with all of the following characteristics:
(a) The participants use bingo cards
or sheets, including
paper formats and electronic representation or image formats, that
are
divided into
twenty-five spaces arranged in five horizontal
and
five vertical
rows of spaces, with each space, except the
central
space, being
designated by a combination of a letter and a
number
and with the
central space being designated as a free
space.
(b) The participants cover the spaces on the bingo cards
or
sheets that correspond to combinations of letters and numbers that
are
announced by a bingo game operator.
(c) A bingo game operator announces combinations of
letters
and numbers that appear on objects that a bingo game
operator
selects by chance, either manually or mechanically, from
a
receptacle that contains seventy-five objects at the beginning
of
each game, each object marked by a different combination of a
letter and a number that corresponds to one of the seventy-five
possible combinations of a letter and a number that can appear on
the bingo cards
or sheets.
(d) The winner of the bingo game includes any participant
who
properly announces during the interval between the
announcements
of letters and numbers as described in division
(S)(1)(c) of this
section, that a predetermined and preannounced
pattern of spaces
has been covered on a bingo card
or sheet being
used by
the
participant.
(2)
Instant bingo, punch boards, and
raffles.
(T)
"Conduct" means to back, promote, organize, manage,
carry
on,
sponsor, or prepare for the operation of
bingo or
a
game
of
chance.
(U)
"Bingo game operator" means any person, except
security
personnel, who performs work or labor at the site of
bingo,
including, but not limited to, collecting money from
participants,
handing out bingo cards or
sheets or objects to cover spaces
on
bingo
cards
or sheets, selecting from a receptacle the objects
that
contain the
combination of letters and numbers that appear on
bingo cards
or sheets,
calling out the combinations of letters
and
numbers,
distributing
prizes,
selling or redeeming instant
bingo
tickets or cards, supervising
the operation of a punch
board,
selling raffle tickets,
selecting
raffle tickets from a
receptacle
and announcing the winning
numbers
in a raffle, and
preparing,
selling, and serving food or
beverages.
(V)
"Participant" means any person who plays bingo.
(W)
"Bingo session" means a period
that includes both of
the
following:
(1) Not to exceed five
continuous hours
for the conduct of
one or more
games
described in division (S)(1) of this section,
instant
bingo, and
seal cards;
(2) A period for the conduct of instant bingo and seal cards
for not
more
than two hours before and not more than two hours
after the
period
described in division
(W)(1) of this section.
(X)
"Gross receipts" means all money or assets, including
admission fees, that a person receives from
bingo
without the
deduction of any amounts for
prizes paid out
or for the expenses
of
conducting
bingo.
"Gross receipts" does not include
any money
directly taken in from the sale of food or beverages by
a
charitable organization conducting
bingo, or by a
bona
fide
auxiliary unit or society of a charitable organization
conducting
bingo,
provided all of the following apply:
(1) The auxiliary unit or society has been in existence as
a
bona fide auxiliary unit or society of the charitable
organization
for at least two years prior to
conducting
bingo.
(2) The person who purchases the food or beverage receives
nothing of value except the food or beverage and items
customarily
received with the purchase of that food or beverage.
(3) The food and beverages are sold at customary and
reasonable prices.
(Y)
"Security personnel" includes any person who either is
a
sheriff, deputy sheriff, marshal, deputy marshal, township
constable, or member of an organized police department of a
municipal corporation or has successfully completed a peace
officer's training course pursuant to sections 109.71 to 109.79
of
the Revised Code and who is hired to provide security for the
premises on which
bingo
is conducted.
(Z)
"Charitable
purpose" means
that the
net profit of
bingo,
other than instant bingo, is used by, or
is
given,
donated, or
otherwise transferred to, any
of the following:
(1)
Any organization that is
described in subsection
509(a)(1), 509(a)(2), or 509(a)(3) of the
Internal Revenue Code
and is either a governmental unit or an
organization that is tax
exempt under subsection 501(a) and
described in subsection
501(c)(3) of the Internal Revenue Code;
(2)
A veteran's organization that is a post, chapter,
or
organization of
veterans, or an auxiliary unit or society
of, or a
trust or
foundation for, any such post, chapter, or
organization
organized
in the United States or any of its
possessions, at least
seventy-five per cent of the members of
which are
veterans and
substantially all of the other members
of which are individuals
who are
spouses, widows, or widowers of
veterans, or such
individuals,
provided that no part of the net
earnings of such
post, chapter,
or
organization inures to the benefit of
any
private shareholder
or
individual, and further provided that
the
net profit is used by the post, chapter, or
organization for
the
charitable
purposes set forth in division (B)(12) of section
5739.02 of the
Revised Code,
is used for awarding
scholarships
to
or for
attendance at an institution mentioned in division
(B)(12)
of
section 5739.02 of the Revised Code,
is donated
to
a
governmental agency, or
is used for nonprofit youth
activities,
the purchase of United States or Ohio flags that are
donated to
schools, youth groups, or other bona fide nonprofit
organizations,
promotion of patriotism, or disaster relief;
(3) A fraternal organization
that
has been
in continuous
existence in this state for fifteen years
and that uses
the
net
profit
exclusively for religious, charitable, scientific,
literary, or
educational purposes, or for the prevention of
cruelty to
children or animals, if contributions for such use
would qualify
as a deductible charitable contribution under
subsection 170 of
the Internal Revenue Code;
(4)
A volunteer
firefighter's organization
that uses the net
profit for the
purposes set
forth in division (L) of
this section.
(AA)
"Internal Revenue Code" means the
"Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter
amended.
(BB)
"Youth athletic organization" means any organization,
not organized for profit, that is organized and operated
exclusively to provide financial support to, or to operate,
athletic activities for persons who are twenty-one years of age
or
younger by means of sponsoring, organizing, operating, or
contributing to the support of an athletic team, club, league, or
association.
(CC)
"Youth athletic park organization" means any
organization, not organized for profit, that satisfies both of
the
following:
(1) It owns, operates, and maintains playing fields that
satisfy both of the following:
(a) The playing fields are used at least one hundred days
per
year for athletic activities by one or more organizations,
not
organized for profit, each of which is organized and operated
exclusively to provide financial support to, or to operate,
athletic activities for persons who are eighteen years of age or
younger by means of sponsoring, organizing, operating, or
contributing to the support of an athletic team, club, league, or
association.
(b) The playing fields are not used for any profit-making
activity at any time during the year.
(2) It uses the proceeds of
bingo
it conducts
exclusively for
the operation, maintenance, and improvement of
its
playing fields
of the type described in division (CC)(1) of
this
section.
(DD)
"Amateur athletic organization" means any
organization,
not organized for profit, that is organized and operated
exclusively to provide financial support to, or to operate,
athletic
activities for persons who are training for amateur
athletic competition that
is sanctioned by a national governing
body as defined in the
"Amateur
Sports Act of 1978," 90 Stat.
3045, 36 U.S.C.A. 373.
(EE)
"Bingo supplies" means bingo
cards or sheets; instant
bingo tickets or
cards; electronic bingo
aids; raffle tickets;
punch boards; seal
cards;
instant bingo
ticket dispensers; and
devices for selecting
or
displaying
the
combination of bingo
letters and numbers or
raffle
tickets. Items
that are
"bingo
supplies" are not
gambling
devices
if sold or
otherwise provided,
and used, in accordance
with this
chapter. For
purposes of this
chapter, "bingo supplies"
are not to be
considered equipment used
to conduct a bingo game.
(FF)
"Instant bingo" means a form of
bingo that uses folded
or banded tickets or paper cards with
perforated break-open tabs,
a face of which is covered or
otherwise hidden from view to
conceal a number, letter, or
symbol, or set of numbers, letters,
or symbols, some of which
have been designated in advance as prize
winners. "Instant bingo" includes seal cards. "Instant bingo"
does
not include any device that is activated by
the insertion of
a
coin, currency, token, or an equivalent, and that
contains as
one
of its components a video display monitor that is
capable of
displaying numbers, letters, symbols, or characters in
winning or
losing combinations.
(GG)
"Seal card" means a
form of instant bingo that uses
instant bingo tickets in conjunction
with a board or placard that
contains one or more
seals that, when removed or opened, reveal
predesignated winning
numbers, letters, or symbols.
(HH)
"Raffle" means a form of bingo
in which the one or more
prizes are won by one or more persons
who have purchased a raffle
ticket. The one or more winners of
the raffle are determined by
drawing a ticket stub or other
detachable section from a
receptacle containing ticket stubs or
detachable sections
corresponding to all tickets sold for the
raffle.
(II)
"Punch board" means a board
containing a number of
holes
or receptacles of uniform size in
which are placed,
mechanically
and randomly, serially numbered
slips of paper that
may be punched
or drawn from the hole or
receptacle when used in
conjunction with
instant bingo. A player
may punch or draw the
numbered slips of
paper from the holes or
receptacles and obtain
the prize
established for the game if the
number drawn corresponds
to a
winning number or, if the punch
board includes the use of a
seal
card, a potential winning
number.
(JJ)
"Gross profit" means gross
receipts minus the amount
actually expended for the payment of
prize awards.
(KK)
"Net profit" means gross profit
minus expenses.
(LL)
"Expenses" means the reasonable
amount of gross profit
actually expended for all of the
following:
(1)
The purchase or lease of bingo supplies;
(2)
The annual license fee required under section
2915.08 of
the Revised Code;
(3)
Bank fees and service charges for a bingo session or
game
account described in section 2915.10 of the Revised Code;
(4)
Audits and accounting services;
(7)
Hiring security personnel;
(9) Renting premises in which to conduct a bingo session;
(11) Expenses for maintaining and operating a charitable
organization's facilities, including, but not limited to, a post
home, club house, lounge, tavern, or canteen and any grounds
attached to the post home, club house, lounge, tavern, or canteen;
(12) Any other product or service directly related to
the
conduct of bingo that is authorized in rules adopted by the
attorney
general under division (B)(1) of section
2915.08 of the
Revised Code.
(MM)
"Person" has the same meaning as
in section 1.59 of the
Revised Code and includes
any firm or any other legal entity,
however organized.
(NN)
"Revoke" means to void
permanently all rights and
privileges of the holder of a license
issued under section
2915.08, 2915.081, or 2915.082 of the Revised Code
or a charitable
gaming license issued by
another jurisdiction.
(OO)
"Suspend" means to interrupt
temporarily all rights and
privileges of the holder of a license
issued under section
2915.08, 2915.081, or 2915.082 of the Revised Code
or a charitable
gaming license issued by
another jurisdiction.
(PP)
"Distributor" means any person who purchases or obtains
bingo
supplies and who does either of the following:
(1) Sells, offers for sale, or otherwise
provides
or offers
to provide the
bingo supplies to another person
for use in this
state;
(2) Modifies, converts, adds to, or removes parts from the
bingo supplies to further their promotion or sale for use in this
state.
(QQ)
"Manufacturer" means any person who assembles completed
bingo
supplies from raw materials, other items, or subparts or who
modifies, converts, adds to, or removes parts from bingo supplies
to further their promotion or sale.
(RR)
"Gross annual revenues" means the annual gross receipts
derived from the conduct of bingo described in division (S)(1) of
this section plus the annual net profit derived from the conduct
of bingo
described in division (S)(2) of this section.
(SS) "Instant bingo ticket dispenser" means a mechanical
device that dispenses an instant bingo ticket or card as the sole
item of value dispensed and that has the following
characteristics:
(1) It is activated upon the insertion of United States
currency.
(2) It performs no gaming functions.
(3) It does not contain a video display monitor or generate
noise.
(4) It is not capable of displaying any numbers, letters,
symbols, or characters in winning or losing combinations.
(5) It does not simulate or display rolling or spinning
reels.
(6) It is incapable of determining whether a dispensed
bingo
ticket or card is a winning or nonwinning ticket or card and
requires a winning ticket or card to be paid by a bingo game
operator.
(7) It may provide accounting and security features to aid
in
accounting for the instant bingo tickets or cards it dispenses.
(8) It is not part of an electronic network and is not
interactive.
(TT)(1) "Electronic bingo aid" means an electronic device
used by a participant to monitor bingo cards or sheets
purchased
at the time and place of a bingo session and that does
all of the
following:
(a) It provides a means for a participant to input numbers
and letters announced by a bingo caller.
(b) It compares the numbers and letters entered by the
participant to
the bingo faces previously stored in the memory of
the device.
(c) It identifies a winning bingo pattern.
(2) "Electronic bingo aid" does not include any device into
which a coin, currency, token, or an equivalent is inserted to
activate play.
(UU) "Deal of instant bingo tickets" means a single game of
instant bingo tickets all with the same serial number.
(VV)(1) "Slot machine" machine means either of the following:
(a) Any
mechanical, electronic, video, or digital device
that
is capable
of accepting anything of value, directly or
indirectly,
from or on
behalf of a player who gives the thing of
value in the
hope of
gain, the outcome of which is determined
largely or wholly
by
chance;
(b) Any mechanical, electronic, video, or digital device
that
is capable of accepting anything of value, directly or
indirectly,
from or on behalf of a player to conduct or dispense
bingo or a
scheme or game of chance.
(2) "Slot machine" does not include a skill-based amusement
machine.
(WW) "Net profit from the
proceeds of the sale of instant
bingo" means gross profit minus
the ordinary, necessary, and
reasonable expense expended for the
purchase of instant bingo
supplies.
(XX) "Charitable instant bingo organization" means an
organization that is exempt from federal income taxation under
subsection 501(a) and described in subsection 501(c)(3) of the
Internal Revenue Code and is a charitable organization as defined
in this section. A "charitable instant bingo organization" does
not include a charitable organization that is exempt from federal
income taxation under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code and that is
created by a veteran's organization, a fraternal organization, or
a sporting organization in
regards to bingo conducted or assisted
by a veteran's organization, a fraternal organization, or a
sporting organization pursuant to section 2915.13 of the
Revised
Code.
(YY) "Game flare" means the board or placard that accompanies
each deal of instant bingo tickets and that has printed on or
affixed to it the following information for the game:
(1) The name of the game;
(2) The manufacturer's name or distinctive logo;
(5) The prize structure, including the number of winning
instant bingo tickets by denomination and the respective winning
symbol or number combinations for the winning instant bingo
tickets;
(7) The serial number of the game.
(ZZ) "Historic railroad educational organization" means an
organization that is exempt from federal income taxation under
subsection 501(a) and described in subsection 501(c)(3) of the
Internal Revenue Code, that owns in fee simple the tracks and the
right of way of a historic railroad that the organization restores
or maintains and on which the organization provides excursions as
part of a program to promote tourism and educate visitors
regarding the role of railroad transportation in Ohio history, and
that received as donations from a charitable organization that
holds a license to conduct bingo under this chapter an amount
equal to at least fifty per cent of that licensed charitable
organization's net proceeds from the conduct of bingo during each
of the five years preceding June 30, 2003. "Historic railroad"
means all or a portion of the tracks and right-of-way of a
railroad that was owned and operated by a for-profit common
carrier in this state at any time prior to January 1, 1950.
(AAA)(1) "Skill-based amusement machine" means a skill-based
amusement device, such as a mechanical, electronic, video, or
digital device, or machine, whether or not the skill-based
amusement machine requires payment for use through a coin or bill
validator or other payment of consideration or value to
participate in the machine's offering or to activate the machine,
provided that all of the following apply:
(a) The machine involves a task, game, play, contest,
competition, or tournament in which the player actively
participates in the task, game, play, contest, competition, or
tournament.
(b) The outcome of an individual's play and participation is
not determined largely or wholly by chance.
(c) The outcome of play during a game is not controlled by a
person not actively participating in the game.
(2) All of the following apply to any machine that is
operated as described in division (AAA)(1) of this section:
(a) As used in this section, "task," "game," and "play" mean
one event from the initial activation of the machine until the
results of play are determined without payment of additional
consideration. An individual utilizing a machine that involves a
single task, game, play, contest, competition, or tournament may
be awarded prizes based on the results of play.
(b) Advance play for a single task, game, play, contest,
competition, or tournament participation may be purchased. The
cost of the contest, competition, or tournament participation may
be greater than a single non-contest, competition, or tournament
play.
(c) To the extent that the machine is used in a contest,
competition, or tournament, that contest, competition, or
tournament has a defined starting and ending date and is open to
participants in competition for scoring and ranking results toward
the awarding of prizes that are stated prior to the start of the
contest, competition, or tournament.
(BBB) "Pool not conducted for profit" means a scheme in which
a participant gives a valuable consideration for a chance to win a
prize and the total amount of consideration wagered is distributed
to a participant or participants.
(CCC) "Sporting organization" means a hunting, fishing, or
trapping organization, other than a college or high school
fraternity or sorority, that is not organized for profit, that is
affiliated with a state or national sporting organization,
including but not limited to, the Ohio League league of sportsmen,
and that has been in continuous existence in this state for a
period of three years.
(DDD) "Community action agency" has the same meaning as in
section 122.66 of the Revised Code.
Sec. 2917.11. (A) No person shall recklessly cause
inconvenience, annoyance, or alarm to another by doing any of
the
following:
(1) Engaging in fighting, in threatening harm to persons
or
property, or in violent or turbulent behavior;
(2) Making unreasonable noise or an offensively coarse
utterance, gesture, or display or communicating unwarranted and
grossly abusive language to any person;
(3) Insulting, taunting, or challenging another, under
circumstances in which that conduct is likely to provoke a
violent
response;
(4) Hindering or preventing the movement of persons on a
public street, road, highway, or right-of-way, or to, from,
within, or upon public or private property, so as to interfere
with the rights of others, and by any act that serves no
lawful
and reasonable purpose of the offender;
(5) Creating a condition that is physically offensive to
persons or that presents a risk of physical harm to
persons or
property, by any act that serves no lawful and
reasonable purpose
of the offender.
(B) No person, while voluntarily intoxicated, shall do
either
of the following:
(1) In a public place or in the presence of two or more
persons, engage in conduct likely to be offensive or to cause
inconvenience, annoyance, or alarm to persons of ordinary
sensibilities, which conduct the offender, if the offender
were
not
intoxicated, should know is likely to have that effect on
others;
(2) Engage in conduct or create a condition that presents
a
risk of physical harm to the offender or another, or
to the
property of another.
(C) Violation of any statute or, ordinance, or resolution of
which an
element is operating a motor vehicle, locomotive,
watercraft,
aircraft, or other vehicle while under the influence
of alcohol
or
any drug of abuse, is not a violation of division
(B) of this
section.
(D) If a person appears to an
ordinary observer to be
intoxicated, it is probable cause to believe that person is
voluntarily intoxicated for purposes of division (B) of this
section.
(E)(1) Whoever violates this section is guilty of disorderly
conduct.
(2) Except as otherwise provided in division
(E)(3) of this
section,
disorderly conduct is a minor misdemeanor.
(3) Disorderly conduct is a misdemeanor of the fourth degree
if
any of the following applies:
(a) The
offender persists in disorderly conduct after
reasonable warning or
request to desist.
(b) The offense is committed in the vicinity of a
school or
in a school safety zone.
(c) The offense is committed in the presence of any law
enforcement officer, firefighter, rescuer, medical person,
emergency medical
services person, or other authorized person who
is engaged in the person's
duties at the scene of a fire,
accident, disaster, riot, or emergency of any
kind.
(d)
The offense is committed in the presence of any
emergency
facility person who is engaged in the person's duties in
an
emergency
facility.
(F) As used in this section:
(1) "Emergency medical services person" is the singular
of
"emergency
medical services personnel" as defined in section
2133.21 of the Revised Code.
(2) "Emergency facility person" is the singular of
"emergency
facility
personnel" as defined in section 2909.04 of
the Revised
Code.
(3)
"Emergency facility" has the same meaning as in section
2909.04 of the Revised Code.
(4) "Committed
in the vicinity of a school" has
the
same
meaning as in section 2925.01 of the Revised Code.
Sec. 2917.41. (A) No person shall evade the payment of
the
known fares of a public transportation system.
(B) No person shall alter any transfer, pass, ticket, or
token of a public transportation system with the purpose of
evading the payment of fares or of defrauding the system.
(C) No person shall do any of the following while in any
facility or on any vehicle of a public transportation system:
(1) Play sound equipment without the proper use of a
private
earphone;
(2) Smoke, eat, or drink in any area where the activity is
clearly marked as being prohibited;
(3) Expectorate upon a person, facility, or vehicle.
(D) No person shall write, deface, draw, or otherwise mark
on
any facility or vehicle of a public transportation system.
(E) No person shall fail to comply with a lawful order of a
public
transportation system police officer, and no person shall
resist, obstruct, or
abuse a public transportation police officer
in the performance of the
officer's duties.
(F) Whoever violates this section is guilty of misconduct
involving a public transportation system.
(1) Violation of division (A), (B), or (E) of this section is
a
misdemeanor of the fourth degree.
(2) Violation of division (C) of this section is a
minor
misdemeanor on a first offense. If a person previously has been
convicted of or pleaded guilty to a violation of any division of
this section or of a municipal ordinance or township resolution
that is substantially similar to any division of this section,
violation of division (C) of this section is a misdemeanor of the
fourth degree.
(3) Violation of division (D) of this section is a
misdemeanor of the third degree.
(G) Notwithstanding any other provision of law,
seventy-five
per cent of each fine paid to satisfy a sentence
imposed for a
violation of this section shall be deposited into
the treasury of
the county in which the violation occurred and
twenty-five per
cent shall be deposited with the county transit
board, regional
transit authority, or regional transit commission
that operates
the public transportation system involved in the
violation, unless
the board of county commissioners operates the
public
transportation system, in which case one hundred per cent of each
fine
shall be deposited into the treasury of the county.
(H) As used in this section, "public transportation
system"
means a county transit system operated in accordance with
sections
306.01 to 306.13 of the Revised Code, a regional transit
authority
operated in accordance with sections 306.30 to 306.71
of the
Revised Code, or a regional transit commission operated in
accordance with sections 306.80 to 306.90 of the Revised Code.
Sec. 2919.25. (A) No person shall knowingly cause or
attempt
to cause physical harm to a family or household member.
(B) No person shall recklessly cause serious physical harm
to
a family or household member.
(C) No person, by threat of force, shall knowingly cause a
family or household member to believe that the offender will
cause
imminent physical harm to the family or household member.
(D)(1) Whoever violates this section is guilty of domestic
violence.
(2) Except as otherwise provided in division (D)(3) or (4) of
this section, a
violation of division (C) of this section is a
misdemeanor of the
fourth
degree, and a violation of division (A)
or (B) of
this
section is a misdemeanor of the first degree.
(3) Except as otherwise provided in division (D)(4) of this
section, if the offender
previously
has
pleaded guilty to or been
convicted of domestic
violence, a violation of
an existing or
former municipal ordinance, township resolution, or law of this or
any other state or the United States that is
substantially similar
to domestic violence,
a violation of
section 2903.14,
2909.06,
2909.07, 2911.12, 2911.211,
or 2919.22 of the Revised Code if the
victim of the violation was a
family or
household member at the
time of the
violation, a violation of
an existing or former
municipal ordinance, township resolution, or law of this or any
other state or the United States that is substantially similar to
any of those sections if the victim of the violation was a family
or household member at the time of the commission of the
violation, or any offense of violence if the victim of the offense
was a family or household member at the time of the commission of
the offense,
a violation of
division (A) or (B) of this section is
a felony of
the
fourth degree, and a violation of division (C) of
this section
is a
misdemeanor of the second degree.
(4) If the offender previously has pleaded guilty to or been
convicted of two or more offenses of domestic violence or two or
more violations or offenses of the type described in division
(D)(3) of this section involving a person who was a family or
household member at the time of the violations or offenses, a
violation of division (A) or (B) of this section is a felony of
the third degree, and a violation of division (C) of this section
is a misdemeanor of the first degree.
(E)
Notwithstanding any provision of law to the contrary, no
court or unit of state or local government shall charge any fee,
cost, deposit, or money in connection with the filing of charges
against a person alleging that the person violated this section or
a municipal ordinance or township resolution substantially similar
to this section or in
connection with the prosecution of any
charges so filed.
(F) As used in this section and sections 2919.251 and
2919.26
of the Revised Code:
(1) "Family or household member" means any of the
following:
(a) Any of the following who is residing or has resided with
the offender:
(i) A spouse, a person living as a spouse, or a former
spouse
of the offender;
(ii) A parent or a child of the offender, or another person
related by consanguinity or affinity to the offender;
(iii) A parent or a child of a spouse, person living as a
spouse, or former spouse of the offender, or another person
related by consanguinity or affinity to a spouse, person living
as
a spouse, or former spouse of the offender.
(b) The natural parent of any child of whom the offender is
the other natural
parent or is the putative other natural parent.
(2) "Person living as a spouse" means a person who is
living
or has lived with the offender in a common law marital
relationship, who otherwise is cohabiting with the offender, or
who
otherwise has cohabited with the offender within five years
prior
to the date of the alleged commission of the act in
question.
Sec. 2919.251. (A) Subject to division (D) of this section,
a person who is charged with
the commission of any offense of
violence shall appear before the court for the setting of bail if
the alleged victim of the offense charged was a family or
household member at the time of the offense and if any of the
following applies:
(1) The person charged, at the time of the
alleged offense,
was subject to the terms of a protection order
issued or consent
agreement approved pursuant to section 2919.26
or 3113.31 of the
Revised Code or previously was convicted of or
pleaded guilty to a
violation of section 2919.25 of the Revised
Code or a violation of
section 2919.27 of
the Revised Code involving a protection order
or consent agreement of that
type, a violation of an existing or
former municipal ordinance, township resolution, or law of this or
any other state or the United States that is
substantially similar
to either section, a violation of section
2909.06, 2909.07,
2911.12, or 2911.211 of the Revised
Code if the victim of the
violation was a family or household member at
the time of the
violation, a violation of an existing or former municipal
ordinance, township resolution, or law of this or any other state
or the United States that is substantially similar to any of those
sections if the victim of the violation was a family or household
member at the time of the commission of the violation, or any
offense of violence if the victim of the offense was a
family or
household member at the time of the offense;
(2) The arresting officer indicates in a police report or
other document accompanying the complaint any of the following:
(a) That the arresting officer observed on the alleged victim
objective manifestations of physical harm that the arresting
officer reasonably believes are a result of the alleged offense;
(b) That the arresting officer reasonably believes that the
person had on the person's person at the time of the alleged
offense a deadly weapon or dangerous ordnance;
(c) That the arresting officer reasonably believes that the
person presents a credible threat of serious physical harm to the
alleged victim or to any other person if released on bail before
trial.
(B) To the extent that information about any of the following
is available to the court, the court shall consider all of the
following, in addition to any
other circumstances considered by
the court and notwithstanding
any provisions to the contrary
contained in Criminal Rule 46,
before setting bail for a person
who appears before the court pursuant to division (A) of this
section:
(1) Whether the person has a history of domestic violence
or
a history of other violent acts;
(2) The mental health of the person;
(3) Whether the person has a history of violating the
orders
of any court or governmental entity;
(4) Whether the person is potentially a threat to any
other
person;
(5) Whether the person has access to deadly weapons or a
history of using deadly weapons;
(6) Whether the person has a history of abusing alcohol or
any controlled substance;
(7) The severity of the alleged violence that is the basis of
the offense, including but not limited to, the duration of the
alleged violent incident, and whether the alleged violent incident
involved serious physical injury, sexual assault, strangulation,
abuse during the alleged victim's pregnancy, abuse of pets, or
forcible entry to gain access to the alleged victim;
(8) Whether a separation of the person from the alleged
victim or a termination of the relationship between the person and
the alleged victim has recently occurred or is pending;
(9) Whether the person has exhibited obsessive or controlling
behaviors toward the alleged victim, including but not limited to,
stalking, surveillance, or isolation of the alleged victim;
(10) Whether the person has expressed suicidal or homicidal
ideations;
(11) Any information contained in the complaint and any
police reports, affidavits, or other documents accompanying the
complaint.
(C) Any court that has jurisdiction over charges alleging the
commission of an offense of violence in circumstances in which the
alleged victim of the offense was a family or household member at
the time of the offense
may set a schedule for bail to be used in
cases involving those
offenses. The schedule shall require that a
judge consider all
of the factors listed in division (B) of this
section and may
require judges to set bail at a certain level if
the history of
the alleged offender or the circumstances of the
alleged offense
meet certain criteria in the schedule.
(D)(1) Upon the court's own motion or the motion of a party
and upon any terms that the court may direct, a court may permit a
person who is required to appear before it by division (A) of this
section to appear by video conferencing equipment.
(2) If in the opinion of the court the appearance in person
or by video conferencing equipment of a person who is charged with
a misdemeanor and who is required to appear before the court by
division (A) of this section is not practicable, the court may
waive the appearance and release the person on bail in accordance
with the court's schedule for bail set under division (C) of this
section or, if the court has not set a schedule for bail under
that division, on one or both of the following types of bail in an
amount set by the court:
(a) A bail bond secured by a deposit of ten per cent of the
amount of the bond in cash;
(b) A surety bond, a bond secured by real estate or
securities as allowed by law, or the deposit of cash, at the
option of the person.
(3) Division (A) of this section does not create a right in a
person to appear before the court for the setting of bail or
prohibit a court from requiring any person charged with an offense
of violence who is not described in that division from appearing
before the court for the setting of bail.
(E) As used in this section:
(1) "Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.
(2) "Dangerous ordnance" and "deadly weapon" have the same
meanings as in section 2923.11 of the Revised Code.
Sec. 2919.26. (A)(1) Upon the filing of a complaint that
alleges a violation of section 2909.06, 2909.07, 2911.12, or
2911.211 of the Revised Code if the alleged victim of the
violation was a family
or household member at the time of the
violation, a violation of a
municipal ordinance or township
resolution that is substantially
similar to any of those sections
if the alleged victim of the violation was a
family or household
member
at the time of the violation, any offense of violence if
the alleged victim of the offense was a family or household member
at the time of the commission of the offense, or any sexually
oriented offense if the alleged victim of the offense was a family
or household member at the time of the commission of the offense,
the
complainant, the alleged victim,
or a family or household
member of
an alleged victim
may file, or,
if in an emergency the
alleged victim
is unable to
file, a person
who made an arrest for
the alleged violation or offense under
section 2935.03
of the
Revised Code may file on behalf of the
alleged victim, a
motion
that requests the issuance
of a temporary
protection order
as a
pretrial condition of release of the
alleged offender, in
addition
to any bail set under Criminal Rule
46. The motion shall
be filed
with the clerk of the court that
has jurisdiction of the
case at
any time after the filing of the
complaint.
(2) For purposes of section 2930.09 of the Revised Code, all
stages of a
proceeding arising out of a complaint alleging the
commission of a violation, offense of violence, or sexually
oriented offense described in
division (A)(1) of this
section,
including all proceedings on a
motion for a temporary protection
order, are critical stages of
the case, and a victim
may be
accompanied
by a victim advocate or
another person to provide
support to the victim as
provided in
that section.
(B) The motion shall be prepared on a form that is
provided
by the clerk of the court, which form shall be
substantially as
follows:
"MOTION FOR TEMPORARY PROTECTION ORDER
.......................... Court
Name and address of court
(name of person),
moves the court to issue a temporary protection
order containing
terms designed to ensure the safety and
protection of the
complainant, alleged victim, and other family or
household members, in relation to
the named defendant, pursuant to
its authority to issue such an
order under section 2919.26 of the
Revised Code.
A complaint, a copy of which has been attached to this
motion, has been filed in this court charging the named defendant
with .......................... (name of the specified violation,
the offense of violence, or sexually oriented offense charged) in
circumstances in which the victim was a family
or household member
in violation of (section
of the Revised Code designating the
specified violation, offense of violence, or sexually oriented
offense charged), or charging the named defendant with
a
violation
of a municipal ordinance or township resolution that is
substantially similar
to ........................ (section
of the
Revised Code designating the specified violation, offense of
violence, or sexually oriented offense charged) involving a family
or
household member.
I understand that I must appear before the court, at a time
set by the court within twenty-four hours after the filing of
this
motion, for a hearing on the motion or that, if I am unable to
appear
because of hospitalization or a medical condition resulting
from the offense
alleged in the complaint, a person who can
provide information about my need
for a temporary protection order
must appear before the court in lieu of my
appearing in court. I
understand that any temporary
protection order granted pursuant to
this motion is a pretrial
condition of release and is effective
only until the disposition
of the criminal proceeding arising out
of the attached complaint,
or the issuance of a civil protection
order or the approval of a
consent agreement, arising out of the
same activities as those
that were the basis of the complaint,
under section 3113.31 of
the Revised Code.
..........................................
(or signature of the arresting officer who filed the motion on
behalf of the alleged victim)
..........................................
Address of person (or office address of the
arresting
officer who
filed the motion on behalf of the alleged
victim)"
(C)(1) As soon as possible after the filing of a motion that
requests the issuance of a temporary protection order, but not
later than twenty-four hours after the filing of the motion, the
court shall conduct a hearing to determine whether to issue the
order. The person who requested the order shall appear before
the
court and provide the court with the information that it
requests
concerning the basis of the motion. If the person who requested
the
order is unable to appear and if the court finds that the
failure to appear is
because of the person's hospitalization or
medical condition resulting from
the offense alleged in the
complaint, another person who is able to provide
the court with
the information it requests may appear in lieu of the person
who
requested the order. If the court finds that the safety and
protection of
the complainant, alleged victim, or any other family
or household member of the alleged victim may be impaired by
the
continued presence of the alleged offender, the court may
issue a
temporary protection order, as a pretrial condition of
release,
that contains terms designed to ensure the safety and
protection
of the complainant, alleged victim, or the
family or household
member,
including a requirement that the alleged offender refrain
from
entering the residence, school, business, or place of
employment
of the complainant, alleged victim, or the family or
household member.
(2)(a) If the court issues a temporary protection order that
includes a
requirement that the alleged offender refrain from
entering the residence,
school, business, or place of employment
of the complainant, the
alleged victim, or the family or
household
member, the order shall state clearly that the order cannot be
waived or nullified by an invitation to the alleged offender from
the
complainant, alleged victim, or family or household
member to
enter the residence, school,
business, or place of employment or
by the alleged offender's entry into one
of those places otherwise
upon the consent of the complainant,
alleged victim, or family or
household member.
(b) Division (C)(2)(a) of this section does not limit any
discretion of a
court to determine that an alleged offender
charged with a violation of
section 2919.27 of the Revised Code,
with a violation of a municipal ordinance or township resolution
substantially equivalent
to that section, or with contempt of
court, which
charge is based
on an alleged violation of a
temporary protection order issued
under this section, did not
commit the violation or was not in
contempt of
court.
(D)(1) Upon the filing of a complaint that alleges
a
violation
of section 2909.06, 2909.07, 2911.12, or
2911.211 of
the
Revised Code if the alleged victim of the violation was a
family
or household
member at the time of the violation, a violation of a
municipal ordinance or township resolution
that is substantially
similar
to any of those sections if the alleged victim of the
violation was a family or household member at
the time
of the
violation, any offense of violence if the alleged victim of the
offense was a family or household member at the time of the
commission of the offense, or any sexually oriented offense if the
alleged victim of the offense was a family or household member at
the time of the commission of the offense, the court, upon its own
motion, may issue a
temporary protection order as a pretrial
condition of release if
it finds that the safety and protection
of
the complainant,
alleged victim, or other family or
household
member of the
alleged
offender may be impaired by the continued
presence of the
alleged
offender.
(2) If the court issues a temporary protection order under
this section as an ex parte order, it shall conduct, as soon as
possible after the issuance of the order, a hearing in the
presence of the
alleged offender not later than the next day on
which the court is scheduled
to conduct business after the day on
which the alleged offender was arrested
or at the time of the
appearance of the alleged offender pursuant to summons
to
determine whether the order should remain in effect, be modified,
or be
revoked. The hearing shall be conducted under the standards
set
forth in division (C) of this section.
(3) An order issued under this section shall contain
only
those terms authorized in orders issued under division (C) of
this
section.
(4) If a municipal court or a county
court issues a
temporary
protection order under this section and
if, subsequent
to the
issuance of the order, the alleged
offender who is the
subject of
the order is bound over to the
court of common pleas
for
prosecution of a felony arising out of
the same activities as
those that were the basis of the
complaint upon which the order is
based, notwithstanding the
fact that the order was issued by a
municipal court or county
court, the order shall remain in effect,
as though it were an order of the
court of common pleas, while the
charges
against the alleged offender are pending in the court of
common
pleas, for the period of time described in division
(E)(2)
of this section, and the court of common pleas has exclusive
jurisdiction to modify the order issued by the municipal court or
county
court.
This
division applies when the alleged offender is
bound over to the
court of common pleas as a result of the person
waiving a
preliminary hearing on the felony charge, as a result of
the
municipal court or county court having determined at a
preliminary hearing that there is probable cause to believe that
the felony has been committed and that the alleged offender
committed it, as a result of the alleged offender having been
indicted for the felony, or in any other manner.
(E) A temporary protection order that is issued as a
pretrial
condition of release under this section:
(1) Is in addition to, but shall not be construed as a
part
of, any bail set under Criminal Rule 46;
(2) Is effective only until the occurrence of either of the
following:
(a) The disposition, by the court that issued the
order or,
in the circumstances described in division
(D)(4) of this section,
by the
court of common pleas to which the alleged offender is
bound
over for prosecution, of the
criminal proceeding arising out
of the complaint upon which the
order is based;
(b) The issuance of a protection order or the approval of a
consent agreement, arising out of the same activities as those
that were the basis of the complaint upon which the order is
based,
under section 3113.31 of
the Revised Code;
(3) Shall not be construed as a finding that the alleged
offender committed the alleged offense, and shall not be
introduced as evidence of the commission of the offense at the
trial of the alleged offender on the complaint upon which the
order is based.
(F) A person who meets the criteria for bail under
Criminal
Rule 46 and who, if required to do so pursuant to that
rule,
executes or posts bond or deposits cash or securities as
bail,
shall not be held in custody pending a hearing before the
court on
a motion requesting a temporary protection order.
(G)(1) A copy of any temporary protection order that is
issued under this section shall be issued by the court to the
complainant, to the alleged victim, to the person who requested
the
order, to the defendant, and to all law enforcement
agencies
that have jurisdiction to enforce the order. The court
shall
direct that a copy of the order be delivered to the
defendant on
the same day that the order is entered. If a municipal court
or a
county court issues a temporary
protection order under this
section and if, subsequent to the
issuance of the order, the
defendant who is the subject of the
order is bound over to the
court of common pleas for prosecution
as described in division
(D)(4)
of this section, the municipal court or county court shall
direct that a copy of the order be delivered to the court of
common pleas to which the defendant is bound over.
(2) All law enforcement agencies shall establish and
maintain
an index for the temporary protection orders delivered
to
the
agencies pursuant to division (G)(1) of this section.
With
respect to each order delivered, each agency shall note on
the
index, the date and time of the receipt of the order by the
agency.
(3) A complainant, alleged victim, or other person who
obtains
a temporary protection
order under this section may
provide notice of the issuance of
the temporary protection order
to the judicial and law
enforcement officials in any county other
than the county in
which the order is issued by registering that
order in the other
county in accordance with division (N) of
section 3113.31
of the Revised Code and filing a copy of the
registered protection order with a law enforcement agency in the
other county in accordance with that division.
(4) Any officer of a law enforcement agency shall enforce
a
temporary protection order issued by any court in this state in
accordance
with the provisions of
the order, including removing
the defendant from the premises, regardless of
whether the order
is registered in the county in which the officer's agency
has
jurisdiction as authorized by division (G)(3) of this section.
(H) Upon a violation of a temporary protection order, the
court may issue another temporary protection order, as a pretrial
condition of release, that modifies the terms of the order that
was violated.
(I)(1) As used in divisions (I)(1) and
(2) of this section,
"defendant" means a person who is
alleged in a complaint to have
committed a violation, offense of violence, or sexually oriented
offense of the type described in division (A) of
this section.
(2) If a complaint is filed that alleges that a person
committed a violation, offense of violence, or sexually oriented
offense of the type described in division
(A) of
this section, the
court may not issue a temporary
protection order
under this
section that requires the complainant,
the alleged
victim,
or
another family or household member of the defendant to
do or
refrain from doing an act that the court may require the
defendant
to do or refrain from doing under a temporary
protection
order
unless both of the following apply:
(a) The defendant has filed a separate
complaint that
alleges
that the complainant, alleged
victim, or other family or
household
member in question who would be required under the
order
to do or
refrain from doing the act committed a violation or offense of
violence
of the
type described in division (A) of this section.
(b) The court determines that both the
complainant, alleged
victim, or other family or household
member
in question who
would
be required under the order to do or refrain from doing the
act
and the defendant acted primarily as aggressors, that neither
the
complainant, alleged victim, or other family or
household member
in question
who would be required under the order to do or refrain
from doing
the act nor the defendant acted primarily in
self-defense, and,
in accordance with the standards and criteria
of this section as
applied in relation to the separate complaint
filed by the
defendant, that it should issue the order to require
the
complainant, alleged victim, or other family or household
member in question to do
or refrain from doing the act.
(J) Notwithstanding any provision of law to the
contrary
and
regardless of whether a protection order is issued or a consent
agreement is approved by a court of
another county or a court of
another state, no
court
or unit of state or local government shall
charge
any fee, cost, deposit, or money in connection with
the
filing of a motion
pursuant to
this section, in connection
with
the filing, issuance,
registration, or service of a
protection
order or consent agreement, or for obtaining a
certified copy of a
protection order or consent agreement.
(K) As used in this section:
(1) "Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.
(2) "Victim
advocate" means a
person who provides support and
assistance
for a victim of an
offense during court proceedings.
Sec. 2919.271. (A)(1)(a) If a defendant is charged with a
violation of section 2919.27 of the Revised Code or of a
municipal
ordinance or township resolution that is substantially similar to
that
section, the court
may order an evaluation of the mental
condition of the defendant
if the court determines that either of
the
following criteria
apply:
(i) If the alleged violation is a violation of a
protection
order
issued or consent agreement approved pursuant to section
2919.26
or 3113.31 of the Revised Code, that the violation
allegedly involves conduct
by the defendant that caused physical
harm to the person or
property of a family or household member
covered by the order or
agreement, or conduct by the defendant
that caused a family or
household member to believe that the
defendant would cause
physical harm to that member or that
member's property.
(ii) If the alleged violation is a violation of
a protection
order issued pursuant to section 2903.213 or
2903.214 of the
Revised
Code or a protection order issued by a court of another
state, that the
violation
allegedly involves conduct by the
defendant that caused physical harm to the
person or property of
the person covered by the order, or conduct by
the defendant that
caused the person covered by the order to believe that the
defendant would cause physical harm to that person or that
person's property.
(b) If a defendant is charged with a violation of section
2903.211 of the Revised Code or of a municipal ordinance or
township resolution
that is
substantially similar to that section,
the court may order an
evaluation of the mental condition of the
defendant.
(2) An evaluation ordered under division (A)(1)
of this
section shall be completed no later than thirty days from
the date
the order is entered pursuant to that division. In that order,
the
court shall do either of the
following:
(a) Order that the evaluation of the mental condition of
the
defendant be preceded by an examination conducted either by a
forensic center that is designated by the department of mental
health to conduct examinations and make evaluations of defendants
charged with violations of section 2903.211 or 2919.27 of the
Revised Code or
of substantially similar municipal ordinances or
township resolutions in
the area in
which the court is located, or
by any other program or
facility
that is designated by the
department of mental health or
the
department of mental
retardation and developmental
disabilities
to conduct examinations
and make evaluations of
defendants
charged with violations of
section 2903.211 or 2919.27
of the
Revised Code or
of
substantially similar municipal
ordinances or township
resolutions, and that is
operated by either department or is
certified by either
department as being in compliance with the
standards established
under division
(I) of section 5119.01 of
the
Revised Code or
division (C) of section 5123.04 of the Revised
Code.
(b) Designate a center, program, or facility other than
one
designated by the department of mental health or the
department of
mental retardation and developmental disabilities,
as described in
division (A)(2)(a) of this
section, to conduct the evaluation and
preceding examination of
the mental condition of the defendant.
Whether the court acts pursuant to division (A)(2)(a) or (b)
of this section, the court may designate examiners other than the
personnel of the center, program, facility, or department
involved
to make the evaluation and preceding examination of the
mental
condition of the defendant.
(B) If the court considers that additional evaluations of
the
mental condition of a defendant are necessary following the
evaluation authorized by division (A) of this section, the court
may order up to two additional similar evaluations. These
evaluations shall be completed no later than thirty days from the
date the applicable court order is entered. If more than one
evaluation of the mental condition of the defendant is ordered
under this division, the prosecutor and the defendant may
recommend to the court an examiner whom each prefers to perform
one of the evaluations and preceding examinations.
(C)(1) The court may order a defendant who has been
released
on bail to submit to an examination under division (A)
or (B) of
this section. The examination shall be conducted
either at the
detention facility in which the defendant would
have been confined
if the defendant had not been released on
bail, or, if so
specified by the center, program, facility, or examiners
involved,
at the premises of the center, program, or facility.
Additionally,
the examination shall be conducted at the times
established by the
examiners involved. If such a defendant
refuses to submit to an
examination or a complete examination as
required by the court or
the center, program, facility, or
examiners involved, the court
may amend the conditions of the
bail
of the defendant and order
the sheriff to take the defendant into
custody and deliver the
defendant to the detention facility in
which the defendant would
have been confined if the defendant had
not been released on bail,
or, if so specified by the center,
program, facility, or examiners
involved, to the premises of the
center, program, or facility,
for
purposes of the examination.
(2) A defendant who has not been released on bail shall be
examined at the detention facility in which the defendant is
confined or, if so specified by the
center, program, facility, or
examiners involved, at the premises
of the center, program, or
facility.
(D) The examiner of the mental condition of a defendant
under
division (A) or (B) of this section shall file a written
report
with the court within thirty days after the entry of an
order for
the evaluation of the mental condition of the
defendant.
The
report shall contain the findings of the
examiner; the facts
in
reasonable detail on which the findings
are based; the opinion
of
the examiner as to the mental condition
of the defendant; the
opinion of the examiner as to whether the
defendant represents a
substantial risk of physical harm to other
persons as manifested
by evidence of recent homicidal or other
violent behavior,
evidence of recent threats that placed other
persons in reasonable
fear of violent behavior and serious
physical harm, or evidence of
present dangerousness; and the
opinion of the examiner as to the
types of treatment or
counseling that the defendant needs. The
court shall provide
copies of the report to the prosecutor and
defense counsel.
(E) The costs of any evaluation and preceding examination
of
a defendant that is ordered pursuant to division (A) or (B) of
this section shall be taxed as court costs in the criminal case.
(F) If the examiner considers it necessary in order to make
an accurate evaluation of the mental condition of a defendant, an
examiner under division (A) or (B) of this section may request
any
family or household member of the defendant to provide the
examiner with information. A family or household member may, but
is not required to, provide information to the examiner upon
receipt of the request.
(G) As used in this section:
(1) "Bail" includes a recognizance.
(2) "Examiner" means a psychiatrist, a licensed independent
social
worker who is employed by a
forensic center that is
certified as being in compliance with the
standards established
under division
(I) of section 5119.01 or
division (C) of
section
5123.04 of the Revised Code, a licensed
professional
clinical
counselor who is employed at a forensic
center that is
certified
as being in compliance with such
standards, or a
licensed clinical
psychologist, except that in
order to be an
examiner, a licensed
clinical psychologist shall
meet the criteria
of division (I)(1)
of section 5122.01 of the
Revised Code or be
employed to conduct
examinations by the
department of mental
health or by a forensic
center certified as
being in compliance
with the standards
established under division
(I) of section
5119.01 or division (C)
of section 5123.04 of the
Revised Code
that is designated by the
department of mental
health.
(3) "Family or household member" has the same meaning as
in
section 2919.25 of the Revised Code.
(4) "Prosecutor" has the same meaning as in section
2935.01
of the Revised Code.
(5) "Psychiatrist" and "licensed clinical
psychologist" have
the same meanings as in section
5122.01 of the Revised Code.
(6) "Protection order issued by a court of another state"
has
the
same meaning as in section 2919.27 of the Revised Code.
Sec. 2921.25. (A) No judge of a or community court of record,
or mayor presiding over a
mayor's court, magistrate shall order a
peace officer, parole officer, prosecuting attorney, assistant
prosecuting attorney, correctional employee, or youth services
employee who is a witness in a criminal case, to disclose
the
peace officer's, parole officer's, prosecuting attorney's,
assistant prosecuting attorney's, correctional employee's, or
youth services employee's home
address during the peace officer's,
parole officer's, prosecuting attorney's, assistant prosecuting
attorney's, correctional employee's, or youth services employee's
examination in the case,
unless the judge or mayor magistrate
determines that the defendant has a right to the disclosure.
(B) As used in this section:
(1) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(2) "Correctional employee" and "youth services employee"
have the same meanings as in section 149.43 of the Revised Code.
Sec. 2921.51. (A) As used in this section:
(1) "Peace officer" means a sheriff, deputy sheriff,
marshal,
deputy marshal, member of the organized police
department
of a
municipal corporation, or township constable, who
is employed
by a
political subdivision of this state, a member of
a police
force
employed by a metropolitan housing authority under
division
(D) of
section 3735.31 of the Revised Code,
a member of a police
force
employed by a regional transit authority under
division (Y)
of
section 306.35 of the Revised Code, a state
university law
enforcement officer appointed under section
3345.04 of the Revised
Code,
a veterans' home police officer
appointed under
section
5907.02 of the Revised Code, a special police
officer
employed by
a port authority under section 4582.04 or 4582.28
of
the Revised
Code, or a state
highway patrol trooper and whose
primary duties
are to preserve
the peace, to protect life and
property, and to
enforce the laws,
ordinances, resolutions, or rules of the
state
or any of its
political
subdivisions.
(2) "Private police officer" means any security
guard,
special
police officer, private detective, or other person who
is
privately
employed in a police capacity.
(3) "Federal law enforcement officer" means an employee of
the United States who serves in a position the duties of which are
primarily the investigation, apprehension, or detention of
individuals suspected or convicted of offenses under the criminal
laws of the United States.
(4) "Impersonate" means to act the part of, assume the
identity of, wear the uniform or any part of the uniform of, or
display the identification of a particular person or of a member
of a class of persons with purpose to make another person believe
that the actor is that particular person or is a member of that
class of persons.
(5) "Investigator of the bureau of criminal identification
and investigation" has the same meaning as in section 2903.11 of
the Revised Code.
(B) No person shall impersonate a peace officer,
private
police officer, or a federal law enforcement officer, or
investigator of the bureau of criminal
identification and
investigation.
(C) No person, by impersonating a peace officer,
private
police officer, or a federal law enforcement officer, or
investigator of the bureau of criminal
identification and
investigation, shall arrest or detain any
person, search any
person, or search the property of any person.
(D) No person, with purpose to commit or facilitate the
commission of an offense, shall impersonate a peace officer,
private police officer, a federal law enforcement officer,
officer, agent, or employee of the
state,
or investigator of the
bureau of criminal identification and
investigation.
(E) No person shall commit a felony while impersonating a
peace officer, private police officer, a federal law enforcement
officer, officer, agent, or
employee
of the state, or
investigator of the bureau of criminal
identification and
investigation.
(F) It is an affirmative defense to a charge under
division
(B) of this section that the impersonation of the peace
officer,
private police officer, or investigator of the bureau of criminal
identification and investigation
was for a lawful purpose.
(G) Whoever violates division (B) of this section is
guilty
of a misdemeanor of the fourth degree. Whoever violates
division
(C) or (D) of this section is guilty of a misdemeanor of
the first
degree. If the purpose of a violation of division (D)
of this
section is to commit or facilitate the commission of a
felony, a
violation of division (D) is a felony of the
fourth degree.
Whoever violates division (E) of this section is guilty
of a
felony of the third degree.
Sec. 2921.52. (A) As used in this section:
(1) "Lawfully issued" means adopted, issued, or rendered in
accordance
with the United States constitution, the constitution
of a
state, and the applicable statutes, rules, regulations,
resolutions, and ordinances
of the United States, a state, and the
political
subdivisions of a state.
(2) "State" means a state of the United States,
including
without
limitation, the state legislature, the highest court of
the state that has
statewide jurisdiction, the offices of all
elected state officers, and all departments, boards, offices,
commissions,
agencies, institutions, and other instrumentalities
of the state. "State"
does not include the political subdivisions
of the state.
(3) "Political subdivisions" means municipal corporations,
townships,
counties, school districts, and all other bodies
corporate and politic
that are organized under state law and are
responsible for governmental
activities only in geographical areas
smaller
than that of a state.
(4) "Sham legal process" means an instrument that meets all
of the
following conditions:
(a) It is not lawfully issued.
(b) It purports to do any of the following:
(i) To be a summons, subpoena, judgment, or order of a court,
a
law enforcement officer, or a legislative, executive, or
administrative body.
(ii) To assert jurisdiction over or determine the legal or
equitable status, rights, duties, powers, or privileges of any
person or
property.
(iii) To require or authorize the search, seizure,
indictment,
arrest, trial, or sentencing of any person or
property.
(c) It is designed to make another person believe that it is
lawfully issued.
(B) No person shall, knowing the sham legal process to be
sham
legal process, do any of the following:
(1) Knowingly issue, display, deliver,
distribute, or
otherwise use sham legal process;
(2) Knowingly use sham legal process to arrest, detain,
search, or seize any person or the property of another person;
(3) Knowingly commit or facilitate the
commission of an
offense, using sham legal process;
(4) Knowingly commit a felony by using sham legal process.
(C) It is an affirmative defense to a charge under division
(B)(1) or (2) of this section that the use of sham legal
process
was for a lawful purpose.
(D) Whoever violates this section is guilty of using
sham
legal process. A violation of division (B)(1) of this section
is a
misdemeanor of the fourth degree. A violation of division (B)(2)
or
(3) of this section is a misdemeanor of the first degree,
except
that, if the purpose of a violation of division (B)(3) of
this
section
is to commit or facilitate the commission of a
felony, a violation of division
(B)(3) of this section is a felony
of the fourth degree. A violation
of
division (B)(4) of this
section is a felony of the third degree.
(E) A person who violates this section is liable in a civil
action to any person harmed by the violation for injury, death, or
loss to
person or property incurred as a result of the commission
of the offense and
for reasonable attorney's fees, court costs,
and other expenses incurred as a
result of prosecuting the civil
action commenced under this division. A civil
action under this
division is not the exclusive remedy of a person who incurs
injury, death, or loss to person or property as a result of a
violation of
this section.
Sec. 2929.142. Notwithstanding the definite prison term
specified in division (A) of section 2929.14 of the Revised Code
for a felony of the first degree, if an offender is convicted of
or pleads guilty to aggravated vehicular homicide in violation of
division (A)(1) of section 2903.06 of the Revised Code, the court
shall impose upon the offender a mandatory prison term of ten,
eleven, twelve, thirteen, fourteen, or fifteen years if any of the
following apply:
(A) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of section 4511.19 of the
Revised Code or of a substantially equivalent municipal ordinance
or township resolution within the previous six years.
(B) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of division (A) of
section 1547.11 of the Revised Code or of a substantially
equivalent municipal ordinance within the previous six years.
(C) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of division (A)(3) of
section 4561.15 of the Revised Code or of a substantially
equivalent municipal ordinance or township resolution within the
previous six years.
(D) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of division (A)(1) of
section 2903.06 of the Revised Code.
(E) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of division (A)(1) of
section 2903.08 of the Revised Code.
(F) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of section 2903.04 of the
Revised Code in circumstances in which division (D) of that
section applied regarding the violations.
(G) The offender previously has been convicted of or pleaded
guilty to three or more violations of any combination of the
offenses listed in division (A), (B), (C), (D), (E), or (F) of
this section.
(H) The offender previously has been convicted of or pleaded
guilty to a second or subsequent felony violation of division (A)
of section 4511.19 of the Revised Code.
Sec. 2929.21. (A) A court that sentences an offender for a
misdemeanor or minor misdemeanor violation of any provision of the
Revised Code, or of any municipal ordinance or township resolution
that is substantially similar to a misdemeanor or minor
misdemeanor violation of a provision of the Revised Code, shall be
guided by the
overriding
purposes of
misdemeanor sentencing. The
overriding purposes of
misdemeanor
sentencing are to protect the
public from future crime
by the
offender and others and to punish
the offender. To achieve
those
purposes, the sentencing court
shall consider the impact of
the
offense upon the victim and the
need for changing the
offender's
behavior, rehabilitating the
offender, and making
restitution to
the victim of the offense, the
public, or the
victim and the public.
(B)
A sentence imposed for a misdemeanor or minor misdemeanor
violation of a Revised Code provision or for a violation of a
municipal ordinance that is subject to division (A) of this
section shall be reasonably calculated to achieve
the two
overriding
purposes of
misdemeanor sentencing set forth in
division (A) of
this section,
commensurate with and not demeaning
to the
seriousness of the offender's
conduct and its impact
upon
the
victim, and consistent with sentences imposed for similar
offenses
committed by similar
offenders.
(C)
A court that imposes a sentence upon an offender for a
misdemeanor or minor misdemeanor
violation of a Revised Code
provision or for a violation of a municipal ordinance that is
subject to division (A) of this section shall not
base the
sentence upon
the race, ethnic background,
gender, or
religion of
the offender.
(D) Divisions (A) and (B) of this section shall not apply to
any offense that is disposed of by a traffic violations bureau of
any court pursuant to Traffic Rule 13 and shall not apply to any
violation of any provision of the Revised Code that is a minor
misdemeanor and that is disposed of without a court appearance.
Divisions (A) to (C) of this section do not affect any penalties
established by a municipal corporation for a violation of its
ordinances.
Sec. 2930.01. As used in this chapter:
(A) "Crime" means any of the following:
(2) A violation of section 2903.05, 2903.06, 2903.13,
2903.21,
2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 of the
Revised Code, a violation of section 2903.07 of the Revised Code
as it existed
prior to
March
23, 2000, or a violation of a
substantially equivalent municipal
ordinance or township
resolution;
(3) A violation of division (A) or (B) of section 4511.19,
division (A) or (B) of section 1547.11, or division (A)(3) of
section 4561.15 of the
Revised Code or of a municipal ordinance or
township resolution substantially similar to any of those
divisions
that is the proximate cause of a vehicle, streetcar,
trackless trolley, aquatic device, or aircraft accident in which
the victim receives injuries for which the victim receives medical
treatment either at the scene of the accident by emergency medical
services personnel or at a hospital, ambulatory care facility,
physician's office, specialist's office, or other medical care
facility.
(4) A motor vehicle accident to which both of the following
apply:
(a) The motor vehicle accident is caused by a violation of a
provision of the Revised Code that is a misdemeanor of the first
degree or higher.
(b) As a result of the motor vehicle accident, the victim
receives injuries for which the victim receives medical treatment
either at the scene of the accident by emergency medical services
personnel or at a hospital, ambulatory care facility, physician's
office, specialist's office, or other medical care facility.
(B) "Custodial agency" means one of the following:
(1) The entity that has custody of a
defendant or an alleged
juvenile offender who is incarcerated for a
crime, is under
detention for the commission of a specified
delinquent act, or who
is detained after a finding
of incompetence to stand trial or not
guilty by reason of insanity relative to
a crime, including any of
the following:
(a) The department of rehabilitation and correction or the
adult parole authority;
(c) The entity that administers a jail, as defined in
section
2929.01 of the Revised Code;
(d) The entity that administers a community-based
correctional
facility and program or a district community-based
correctional
facility and program;
(e) The department
of mental health or other entity
to which
a defendant found incompetent to stand trial or not
guilty by
reason of insanity is committed.
(2) The entity that has custody of an alleged juvenile
offender
pursuant to an order of disposition of a juvenile court,
including the department of youth services or a school, camp,
institution, or other facility operated for the care of
delinquent
children.
(C) "Defendant" means a person who is alleged to be the
perpetrator of a
crime in a police report or in a complaint,
indictment, or information that charges the commission of a crime
and that provides the basis for the criminal prosecution and
subsequent proceedings to which this chapter makes reference.
(D) "Member of the victim's family" means a spouse, child,
stepchild, sibling, parent, stepparent, grandparent, or other
relative of a victim but does not include a person
who is charged
with, convicted of, or adjudicated
to be a delinquent child for
the crime or specified delinquent act
against the victim
or
another crime or specified delinquent act arising from the same
conduct, criminal episode,
or plan.
(E) "Prosecutor" means one of the following:
(1) With respect to a criminal case, it has the same meaning
as in
section 2935.01 of the Revised Code and also includes the
attorney general
and, when appropriate, the employees of
any
person listed in section 2935.01 of the Revised Code or of the
attorney
general.
(2) With respect to a delinquency proceeding, it includes
any
person listed in division (C) of section 2935.01 of the
Revised
Code or an employee of a person listed in that
division
who
prosecutes a delinquency proceeding.
(F) "Public agency" means an office, agency, department,
bureau, or other
governmental entity of the state or of
a
political subdivision of the state.
(G) "Public official" has the same meaning as in section
2921.01 of the Revised Code.
(H) "Victim" means
either of the following:
(1) A person who is identified as the
victim of a crime or
specified delinquent act in a police report or in
a complaint,
indictment, or information that charges the commission of a crime
and that
provides the basis for the
criminal prosecution or
delinquency proceeding and subsequent
proceedings to which this
chapter makes reference.
(2) A person who receives injuries as a result of a vehicle,
streetcar, trackless trolley, aquatic device, or aircraft accident
that is proximately caused by a violation described in division
(A)(3) of this section or a motor
vehicle accident that is
proximately caused by a violation
described in division (A)(4) of
this section and who receives
medical treatment as described in
division (A)(3) or (4) of this section, whichever is applicable.
(I) "Victim's representative" means a member of the victim's
family or
another person who pursuant to the authority of section
2930.02 of the Revised
Code exercises the rights of a victim under
this chapter.
(J) "Court" means a court of common pleas, juvenile court,
municipal court, or county court.
(K) "Delinquency proceeding" means all proceedings in a
juvenile
court that are related to a case in which a complaint has
been filed alleging
that a child is a delinquent child.
(L) "Case" means a delinquency proceeding and all related
activity or a criminal prosecution and all related activity.
(M) The "defense" means the defense against criminal charges
in a
criminal prosecution or the defense against a delinquent
child complaint in a
delinquency proceeding.
(N) The "prosecution" means the prosecution of criminal
charges
in a criminal prosecution or the prosecution of a
delinquent child complaint
in a delinquency proceeding.
(O) "Specified delinquent act" means any of the following:
(1) An act committed by a child that if committed by an
adult
would be a felony;
(2) An act committed by a child that is a violation of a
section
listed in division (A)(1) or (2) of this section or is a
violation
of a substantially equivalent municipal ordinance or
township resolution;
(3) An act committed by a child that is described in division
(A)(3) or (4) of this section.
(P)(1) "Alleged juvenile offender" means a child who is
alleged
to have committed a specified delinquent act in a police
report or in a
complaint in juvenile court that charges the
commission of a specified
delinquent act and that provides the
basis for the delinquency proceeding and
all subsequent
proceedings to which this chapter makes reference.
(2) As used in divisions (O) and (P)(1) of this section,
"child"
has the same meaning as in section 2151.011 of the Revised
Code.
(Q) "Motor vehicle accident" means any accident involving a
motor vehicle.
(R) "Motor vehicle" has the same
meaning as in section
4509.01 of the Revised Code.
(S) "Aircraft" has the same meaning as in section 4561.01 of
the Revised Code.
(T) "Aquatic device" means any vessel, or any water skis,
aquaplane, or similar device.
(U) "Vehicle," "streetcar," and "trackless trolley" have the
same meanings as in section 4511.01 of the Revised Code.
(V) "Vehicle, streetcar, trackless trolley, aquatic device,
or aircraft accident" means any accident involving a vehicle,
streetcar, trackless trolley, aquatic device, or aircraft.
(W) "Vessel" has the same meaning as in section 1547.01 of
the Revised Code.
Sec. 2931.01. As used in Chapters 2931. to 2953. of the
Revised Code:
(A) "Magistrate" includes county court judges, police
justices, mayors of
municipal corporation community court
magistrates, and judges of other courts inferior to the court of
common pleas.
(B) "Judge" does not include the probate judge.
(C) "Court" does not include the probate court.
(D) "Clerk" does not include the clerk of the probate court.
Sec. 2933.02. When a complaint is made in writing and upon
oath, filed with a municipal or, county, or community court or a
mayor sitting
as the judge of a mayor's court, and states that the
complainant
has just cause to fear and fears that another
individual will
commit an offense against the person or property
of the
complainant or his the ward or child of the complainant,
a
municipal or county court
judge or mayor community court
magistrate shall issue to the sheriff or to any other
appropriate
peace officer, as defined in section 2935.01 of the
Revised Code,
within the territorial jurisdiction of the court, a
warrant in the
name of the state that commands him the sheriff or
peace officer
forthwith to
arrest and take the individual complained of before
the court to
answer the complaint.
Sec. 2933.03. Warrants issued under section 2933.02 of the
Revised Code shall be substantially in the following form:
The State of Ohio,
.......... County, ss:
To the sheriff or other appropriate peace officer, greeting:
Whereas, a complaint has been filed by one C.D., in
writing
and upon oath, stating that
he
such individual has just
cause to
fear and does fear that one E.F. will (here state the threatened
injury or violence according to the fact as sworn to).
These You are therefore to command you commanded to forthwith
arrest E.F.
and bring
him
such individual before this court to
show cause why
he
such individual should not find surety post a
cash or security bond with the court in a sum fixed by the judge
to
keep the peace and
be
of good behavior toward the citizens of
the
state generally, and
C.D.
especially, and for
his
such
individual's appearance before
the
proper court.
Given under my hand, this ..... day of ....................
|
|
A.B., Judge, ............... County Court; |
|
|
Judge, .................. Municipal Court; |
|
|
Mayor Magistrate, .................... Mayor's Community Court |
Sec. 2933.04. When the accused in is brought before the
municipal, county, or mayor's community court pursuant to sections
2933.02 and 2933.03
of the Revised Code, he the accused shall be
heard in his
the accused's own defense. If it is necessary for
just cause to
adjourn the hearing, the municipal or county court
judge or mayor community court magistrate involved
may order such
adjournment. The judge or mayor magistrate also may direct
the
sheriff or other peace officer having custody of the accused
to
detain him the accused in the county jail or other
appropriate
detention facility until the cause of delay is removed, unless a
bond in a sum fixed by the judge or mayor but not to
exceed five
hundred
dollars magistrate, with sufficient surety, is given by
the accused. A
delay shall not exceed two days.
Sec. 2933.05. The municipal or county court judge or mayor
sitting as the judge of a mayor's court community court
magistrate, upon the appearance of
the parties pursuant to
sections 2933.02 to 2933.04 of the
Revised Code, shall hear the
witnesses under oath and do one of
the following:
(A) Discharge the accused, render judgment against the
complainant for costs, and award execution for the costs;
(B) Order the accused to enter into a bond of not less
than
fifty or more than five hundred dollars in a sum fixed by the
judge or magistrate, with sufficient
surety,
to keep the peace
and be of good behavior for such time
as may be
just, render
judgment against him the accused for
costs, and award
execution
for the costs.
In default of such bond, the judge or mayor magistrate shall
commit
the accused to the county jail or other appropriate
detention
facility, until such order is complied with or he the
accused is
discharged.
Sec. 2933.06. The accused under sections 2933.02 to
2933.05
of the Revised Code may appeal from the decision of a
municipal or
county court judge or community court magistrate to the
appropriate court of
appeals or from the decision of a mayor
sitting as the judge of a
mayor's court to the appropriate
municipal or county court. An
appeal from the decision of a
municipal or county court judge to
the appropriate court of
appeals shall be only as to questions of
law and, to the extent
that sections 2933.06 to 2933.09 of the
Revised Code do this
section does not contain relevant provisions, shall be made
and
proceed in accordance with the Rules of Appellate Procedure.
An
appeal from the decision of a mayor sitting as the judge of a
mayor's court to the appropriate municipal or county court shall
be as to questions of law and fact, and shall be made and proceed
in accordance with sections 2933.06 to 2933.09 of the Revised
Code.
In connection with either type of an appeal, the accused
shall
file with the clerk of the municipal, county, or mayor's
community court,
within ten days after the decision is rendered,
an appeal bond in
a sum to be fixed by the judge or mayor
at not
less than fifty or
more than five hundred
dollars magistrate,
with surety to be approved by the
judge or mayor
magistrate,
conditioned that, pending the determination of
the
appeal, the
accused will keep the peace and will be of good
behavior generally
and especially towards the person named in the
complaint. Upon the
filing of the appeal bond, the clerk of the
municipal, county, or
mayor's community court forthwith shall make
a
certified
transcript of the proceedings in the action, the
appeal
bond to
be included. Upon the payment by the appellant of
the
fee for the
transcript, the clerk immediately shall file the
transcript and
all the original papers in the action in the
office
of the clerk
of the appellate court.
Sec. 2933.10. Whoever, in the presence of a municipal or
county court judge,
or a mayor sitting as the judge of a mayor's
court community court magistrate, makes an affray, threatens
to
beat or kill another or to commit an offense against the person or
property
of another, or contends with angry words to the
disturbance of the peace, may
be ordered without process or other
proof to enter into a bond under section
2933.05 of the Revised
Code. In default of such a bond, the person may be
committed under
that section.
Sec. 2935.01. As used in this chapter:
(A) "Magistrate" has the same meaning as in section
2931.01
of the Revised Code.
(B) "Peace officer" includes, except as provided in section
2935.081 of the Revised Code, a sheriff; deputy
sheriff;
marshal;
deputy marshal; member of the organized
police
department of any
municipal corporation, including a member of
the organized police
department of a municipal corporation in an
adjoining state
serving in Ohio under a contract pursuant to
section 737.04 of the
Revised Code; member of a police force
employed by a metropolitan
housing authority under division (D)
of section 3735.31 of the
Revised Code; member of a police
force employed by a
regional
transit authority under division (Y) of section 306.05 of the
Revised
Code; state university law
enforcement officer appointed
under section 3345.04 of the
Revised Code; enforcement agent of
the department of
public safety designated under section 5502.14
of the Revised Code; employee of the department of taxation to
whom investigation powers have been delegated under section
5743.45 of the Revised Code; employee of the
department of natural
resources who is a natural resources law enforcement
staff officer
designated pursuant to section 1501.013 of the Revised Code, a
forest officer designated pursuant to section
1503.29 of the
Revised Code, a preserve officer designated pursuant to section
1517.10 of the Revised Code, a wildlife officer designated
pursuant to section
1531.13 of the Revised Code, a park officer
designated pursuant to section
1541.10 of the Revised Code, or a
state
watercraft officer designated pursuant to
section 1547.521
of the Revised
Code; individual designated to perform law
enforcement duties under
section 511.232, 1545.13, or 6101.75 of
the Revised Code; veterans' home
police officer appointed
under
section 5907.02 of the Revised Code; special police officer
employed by a port
authority under section 4582.04 or 4582.28 of
the Revised Code; police
constable of any
township; police
officer
of a township or joint township
police
district;
a special
police
officer employed by a municipal corporation at a municipal
airport, or other municipal air navigation facility, that has
scheduled operations, as defined in section 119.3 of Title 14 of
the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and
that is required to be under a security program and is governed by
aviation security rules of the transportation security
administration of the United States department of transportation
as provided in Parts 1542. and 1544. of Title 49 of the Code of
Federal Regulations, as amended; the house of representatives
sergeant at arms if the
house of representatives
sergeant at arms
has
arrest
authority pursuant to division
(E)(1) of section
101.311 of the
Revised Code;
and an assistant
house of
representatives
sergeant at arms;
officer or
employee of the
bureau of
criminal identification and
investigation established
pursuant to
section 109.51 of the
Revised Code who has been
awarded a
certificate by the executive
director of the Ohio peace
officer
training commission attesting
to the officer's or
employee's
satisfactory completion of an
approved state, county,
municipal,
or department of natural
resources peace officer basic
training
program and who is
providing
assistance upon request to a
law
enforcement officer or
emergency assistance to
a peace officer
pursuant to section
109.54
or 109.541 of the Revised Code; and,
for the purpose of
arrests
within
those areas,
for the
purposes of
Chapter 5503. of the
Revised
Code, and the
filing of
and service
of process relating to
those
offenses
witnessed or
investigated by
them,
the
superintendent
and troopers of
the state highway patrol.
(C) "Prosecutor" includes the county prosecuting attorney
and
any assistant prosecutor designated to assist the county
prosecuting attorney,
and, in the
case of courts inferior to
courts of common pleas, includes the
village solicitor, city
director of law, or similar chief legal
officer of a municipal
corporation, any such officer's assistants, or any
attorney
designated by the prosecuting attorney of
the county to
appear for
the prosecution of a given case.
(D) "Offense," except where the context specifically
indicates otherwise, includes felonies, misdemeanors, and
violations of ordinances and resolutions of municipal
corporations, townships, and other
public bodies authorized by law
to adopt penal regulations.
Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,
deputy marshal, municipal police officer, township constable,
police officer of a township or joint township police district,
member of a police force employed by a metropolitan housing
authority under division (D) of section 3735.31 of the Revised
Code, member of a police force employed by a regional transit
authority
under division (Y) of section 306.35 of the Revised
Code, state university law enforcement officer appointed
under
section 3345.04 of the Revised Code, veterans' home
police
officer
appointed under section 5907.02 of the Revised Code,
special
police officer employed by a port authority under section
4582.04
or 4582.28 of the Revised Code, or a special police
officer
employed by a municipal corporation at a municipal
airport, or
other municipal air navigation facility, that has
scheduled
operations, as defined in section 119.3 of Title 14 of
the Code of
Federal Regulations, 14 C.F.R. 119.3, as amended, and
that is
required to be under a security program and is governed by
aviation security rules of the transportation security
administration of the United States department of transportation
as provided in Parts 1542. and 1544. of Title 49 of the Code of
Federal Regulations, as amended, shall
arrest and detain,
until a
warrant can be obtained, a
person found violating, within
the
limits of the political
subdivision, metropolitan housing
authority housing project, regional
transit authority facilities
or areas of a municipal corporation that
have been agreed to by a
regional transit authority and a municipal
corporation located
within its territorial
jurisdiction, college,
university,
veterans' home operated under Chapter 5907. of the Revised Code,
port authority, or municipal airport or other
municipal air
navigation facility, in
which the peace
officer is
appointed,
employed, or elected, a law of this state,
an ordinance
of a
municipal corporation, or a resolution of a
township.
(2) A peace officer
of the department of natural resources
or
an individual
designated to perform law enforcement duties
under
section
511.232, 1545.13, or 6101.75 of the Revised
Code
shall
arrest and detain,
until a warrant can be obtained, a person
found
violating,
within the limits of the peace officer's or
individual's
territorial jurisdiction, a law of this state.
(3) The house sergeant at arms if the house sergeant at arms
has
arrest authority pursuant to division (E)(1) of section
101.311 of the Revised Code
and an assistant house sergeant at
arms shall arrest and detain, until a
warrant can be obtained, a
person found violating, within the limits of the
sergeant at
arms's or assistant sergeant at
arms's territorial
jurisdiction
specified in division (D)(1)(a) of section 101.311
of
the Revised
Code or
while providing security pursuant to division
(D)(1)(f)
of
section 101.311 of the Revised Code, a
law of this
state, an
ordinance of a municipal corporation, or a resolution of
a
township.
(B)(1) When there is reasonable ground to believe that an
offense of violence, the offense of criminal child enticement as
defined in section 2905.05 of the Revised Code, the offense of
public indecency as defined in section 2907.09 of the Revised
Code, the offense of domestic violence as defined in section
2919.25 of the Revised Code, the offense of violating a protection
order as
defined in section 2919.27 of the Revised Code, the
offense of menacing by stalking
as defined in section 2903.211 of
the Revised Code, the offense
of aggravated trespass as defined in
section 2911.211 of the
Revised Code, a theft offense as defined
in section 2913.01 of
the Revised Code, or a felony drug abuse
offense as defined in
section 2925.01 of the Revised Code, has
been committed within
the limits of the political subdivision,
metropolitan housing
authority housing project,
regional
transit
authority facilities or those areas of a municipal corporation
that have
been agreed to by a regional transit authority and a
municipal corporation
located within its territorial jurisdiction,
college, university,
veterans' home operated under Chapter 5907.
of the Revised Code,
port authority, or
municipal airport or other
municipal air navigation facility, in
which the peace
officer is
appointed, employed, or
elected or
within the limits of the
territorial jurisdiction of the peace
officer, a peace officer
described in division
(A) of this section
may arrest and detain
until a
warrant can be obtained any person
who the peace officer
has reasonable cause to believe is guilty of
the violation.
(2) For purposes of division (B)(1) of this section, the
execution of any of the following constitutes reasonable ground
to
believe that the offense alleged in the statement was
committed
and reasonable cause to believe that the person alleged
in the
statement to have committed the offense is guilty of the
violation:
(a) A written statement by a person alleging that an
alleged
offender has committed the offense of menacing by
stalking or
aggravated trespass;
(b) A written statement by the administrator of the
interstate compact on mental health appointed under section
5119.51 of the Revised Code alleging that a person who had been
hospitalized, institutionalized, or confined in any facility
under
an order made pursuant to or under authority of section
2945.37,
2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or 2945.402 of the
Revised
Code has escaped from the facility, from confinement in a
vehicle
for transportation to or from the facility, or from
supervision
by an employee of the facility that is incidental to
hospitalization, institutionalization, or confinement in the
facility and that occurs outside of the facility, in violation of
section 2921.34 of the Revised Code;
(c) A written statement by the
administrator of any facility
in which a person has been
hospitalized, institutionalized, or
confined under an order made
pursuant to or under authority of
section 2945.37, 2945.371,
2945.38, 2945.39, 2945.40, 2945.401, or
2945.402 of the Revised Code alleging that
the person has escaped
from the facility, from confinement in a
vehicle for
transportation to or from the facility, or from
supervision by an
employee of the facility that is incidental to
hospitalization,
institutionalization, or confinement in the
facility and that
occurs outside of the facility, in violation of
section 2921.34 of
the Revised Code.
(3)(a) For purposes of division (B)(1)
of this section, a
peace officer described in division
(A) of this section has
reasonable grounds to believe that the offense of domestic
violence or the offense of violating a protection order has been
committed and
reasonable cause to
believe that a particular person
is guilty of committing the
offense if any of the following
occurs:
(i) A person executes a written statement
alleging that the
person in question has committed the offense of
domestic violence
or the offense of violating a protection order
against the person
who executes the
statement or against a child of the person who
executes the
statement.
(ii) No written statement of the type described
in division
(B)(3)(a)(i) of this
section is executed, but the peace officer,
based upon the peace
officer's own knowledge and observation of
the facts and circumstances of
the alleged incident of the offense
of domestic violence or the
alleged incident of the offense of
violating a protection order
or based upon any other information,
including, but not limited to, any reasonably trustworthy
information given to the peace officer by the alleged victim
of
the alleged incident of the offense or any witness of the alleged
incident
of the offense, concludes that there are reasonable
grounds to
believe that the offense of domestic violence or the
offense of
violating a protection order has been
committed and
reasonable cause to believe that the person in
question is guilty
of committing the offense.
(iii) No written statement of the type
described in division
(B)(3)(a)(i)
of this section is executed, but the peace officer
witnessed
the person in question commit the offense of domestic
violence or
the offense of violating a protection order.
(b) If pursuant to division
(B)(3)(a) of this section a
peace
officer has
reasonable grounds to believe that the offense
of
domestic
violence or the offense of violating a protection
order
has been committed and
reasonable cause to
believe that a
particular person is guilty of committing the
offense, it is the
preferred course of action in this state that
the officer arrest
and detain that person pursuant to division
(B)(1) of this section
until a warrant can be obtained.
If pursuant to division (B)(3)(a)
of this section a peace
officer has reasonable grounds to
believe that the offense of
domestic violence or the offense of
violating a protection order
has been
committed and reasonable cause to believe that family or
household members have committed the offense against each other,
it is the preferred course of action in this state that the
officer, pursuant to division (B)(1) of this section,
arrest and
detain until a warrant can be obtained the family or
household
member who committed the offense and whom the officer
has
reasonable cause to believe is the primary physical
aggressor.
There is no preferred course of action in this state
regarding any
other family or household member who committed the
offense and
whom the officer does not have reasonable cause to
believe is the
primary physical aggressor, but, pursuant to
division (B)(1) of
this section, the peace officer may
arrest and detain until a
warrant can be obtained any other
family or household member who
committed the offense and whom the
officer does not have
reasonable cause to believe is the primary
physical aggressor.
(c) If a peace officer described in division
(A) of this
section does not arrest and detain a
person whom the officer has
reasonable cause to believe committed
the offense of domestic
violence or the offense of violating a
protection order when it is
the preferred
course of action in this state pursuant to division
(B)(3)(b) of this section that the officer
arrest that person, the
officer shall articulate in the
written report of the incident
required by section 2935.032 of the
Revised Code a clear statement
of the officer's reasons for not
arresting and detaining that
person until a warrant can be obtained.
(d) In determining for purposes of division
(B)(3)(b) of
this
section which family or
household member is the primary
physical
aggressor in a situation
in which family or household
members have
committed the offense
of domestic violence or the
offense of
violating a protection
order against each other, a
peace officer
described in division (A) of this section, in
addition
to any
other relevant circumstances, should consider all
of the
following:
(i) Any history of domestic violence or of any
other violent
acts by either person involved in the alleged
offense that the
officer reasonably can ascertain;
(ii) If violence is alleged, whether the alleged
violence
was
caused by
a person acting in self-defense;
(iii) Each person's fear of physical harm, if
any, resulting
from the other person's threatened use of force
against any person
or resulting from the other person's use or
history of the use of
force against any person, and the
reasonableness of that fear;
(iv) The comparative severity of any injuries
suffered by
the
persons involved in the alleged offense.
(e)(i) A peace officer described in
division (A) of this
section shall not require, as a
prerequisite to arresting or
charging a person who has committed
the offense of domestic
violence or the offense of violating a
protection order, that the
victim of the
offense specifically consent to the filing of
charges against the
person who has committed the offense or sign a
complaint against
the person who has committed the offense.
(ii) If a person is arrested for or charged
with committing
the offense of domestic violence or the offense
of violating a
protection order and if the
victim of the offense does not
cooperate with the involved law
enforcement or prosecuting
authorities in the prosecution of the
offense or, subsequent to
the arrest or the filing of the
charges, informs the involved law
enforcement or prosecuting
authorities that the victim does not
wish the prosecution of the
offense to continue or wishes to drop
charges against the alleged
offender relative to the offense, the
involved prosecuting
authorities, in determining whether to
continue with the
prosecution of the offense or whether to dismiss
charges against
the alleged offender relative to the offense and
notwithstanding
the victim's failure to cooperate or the victim's
wishes, shall
consider all facts and circumstances that are
relevant to the
offense, including, but not limited to, the
statements and
observations of the peace officers who responded to
the incident
that resulted in the arrest or filing of the charges
and of all
witnesses to that incident.
(f) In determining pursuant to divisions (B)(3)(a) to (g) of
this section
whether to arrest a person pursuant to division
(B)(1) of
this section, a peace officer described in division
(A)
of this section shall not consider as a factor any
possible
shortage of cell space at the detention facility to
which the
person will be taken subsequent to the person's
arrest or any
possibility that the person's arrest might cause, contribute to,
or exacerbate overcrowding at that detention facility or at any
other
detention facility.
(g) If a peace officer described in division (A) of
this
section intends
pursuant to
divisions (B)(3)(a) to (g) of this
section to arrest a person pursuant to
division (B)(1) of this
section and if the officer is
unable to
do so because the person
is not present, the officer promptly shall seek a
warrant for the
arrest of the person.
(h) If a peace officer described in division
(A) of this
section responds to a report of an alleged
incident of the offense
of domestic violence or an alleged
incident of the offense of
violating a
protection order and if the circumstances
of the
incident
involved the use or threatened use of a deadly weapon or
any
person involved in the incident brandished a deadly weapon
during
or in relation to the incident, the deadly weapon that was
used,
threatened to be used, or brandished constitutes contraband,
and,
to the extent possible, the officer shall seize the deadly
weapon
as contraband pursuant to Chapter 2981. of the Revised
Code. Upon the seizure of a deadly weapon pursuant to
division
(B)(3)(h) of this section, section 2981.12 of the Revised
Code
shall apply regarding the treatment and disposition
of the deadly
weapon. For purposes of that section, the
"underlying criminal
offense" that was the basis of the
seizure of a deadly weapon
under division (B)(3)(h) of
this section and to which the
deadly
weapon had a relationship is any of the following that is
applicable:
(i) The alleged incident of the offense of
domestic violence
or the alleged incident of the offense of
violating a protection
order to which the
officer who seized the deadly weapon responded;
(ii) Any offense that arose out of the same
facts and
circumstances as the report of the alleged incident of
the offense
of domestic violence or the alleged incident of the
offense of
violating a protection order to
which the officer who seized the
deadly weapon responded.
(4) If, in the circumstances described in divisions
(B)(3)(a)
to (g) of
this section, a peace officer described in
division
(A)
of this section arrests and detains a person
pursuant
to division
(B)(1) of this section, or if,
pursuant to division
(B)(3)(h) of
this
section, a peace officer described in division
(A) of
this
section seizes a deadly weapon, the officer, to the
extent
described in and in accordance with section 9.86 or 2744.03
of
the
Revised Code, is immune in any civil action
for damages for
injury, death, or loss to person or property that
arises from or
is related to the arrest and detention or the
seizure.
(C) When there is reasonable ground to believe that a
violation of division (A)(1), (2), (3), (4), or (5) of section
4506.15 or a
violation of section 4511.19 of the Revised Code has
been
committed by a person operating a motor vehicle subject to
regulation by the public utilities commission of Ohio under Title
XLIX of the Revised Code, a peace officer with authority to
enforce that provision of law may stop or detain the person whom
the officer has reasonable cause to believe was operating the
motor vehicle in violation of the division or section and, after
investigating the circumstances surrounding the operation of the
vehicle, may arrest and detain the person.
(D) If a sheriff, deputy sheriff, marshal, deputy marshal,
municipal police officer, member of a police force employed by a
metropolitan housing authority under division (D) of section
3735.31 of the Revised Code, member of a police force employed by
a
regional transit authority under division (Y) of section 306.35
of the Revised
Code, special police officer employed by a port
authority under section
4582.04 or 4582.28 of the Revised Code,
special police officer employed by a municipal corporation at a
municipal airport or other municipal air navigation facility
described in division (A) of this section, township constable,
police officer of a
township or joint township
police district,
state university
law enforcement officer
appointed under section
3345.04 of the
Revised Code, peace officer
of the department of
natural
resources, individual designated to
perform law
enforcement duties
under
section 511.232, 1545.13, or
6101.75 of
the Revised Code, the house
sergeant at arms if the
house sergeant
at arms has arrest authority pursuant
to division
(E)(1) of
section 101.311 of the Revised Code, or an assistant
house
sergeant at arms is authorized by
division (A) or
(B) of
this
section
to arrest and detain, within the limits of the
political
subdivision, metropolitan housing authority housing
project,
regional
transit authority facilities or those areas of a
municipal
corporation that have been agreed to by a regional
transit authority and a
municipal corporation located within its
territorial jurisdiction,
port authority,
municipal airport or
other municipal air navigation facility, college, or university
in
which the officer is
appointed,
employed, or elected or within
the
limits of the territorial jurisdiction
of the peace officer, a
person until a warrant can be obtained, the peace
officer, outside
the limits of that
territory, may pursue, arrest, and detain that
person until a warrant
can be
obtained if all of the following
apply:
(1) The pursuit takes place without unreasonable delay
after
the offense is committed;
(2) The pursuit is initiated within the limits of the
political subdivision, metropolitan housing authority housing
project, regional transit authority facilities or those areas of a
municipal corporation that have been agreed to by a regional
transit authority
and a municipal corporation located within its
territorial
jurisdiction, port authority,
municipal airport or
other municipal air navigation facility, college, or university
in
which
the peace officer is
appointed, employed, or elected or
within the limits of the
territorial jurisdiction of the peace
officer;
(3) The offense involved is a felony, a misdemeanor of the
first degree or a substantially equivalent municipal ordinance or
township resolution, a
misdemeanor of the second degree or a
substantially equivalent
municipal ordinance or township
resolution, or any offense for which points are
chargeable
pursuant to section 4510.036 of the
Revised Code.
(E) In addition to the authority granted under division
(A)
or (B) of this section:
(1) A sheriff or deputy sheriff may arrest and detain,
until
a warrant can be obtained, any person found violating
section
4503.11, 4503.21, or 4549.01, sections 4549.08 to
4549.12, section
4549.62, or Chapter 4511. or 4513. of the
Revised Code on the
portion of any street or highway that is
located immediately
adjacent to the boundaries of the county in
which the sheriff or
deputy sheriff is elected or appointed.
(2) A member of the police force of a township police
district created under section 505.48 of the Revised Code, a
member of the police force of a joint township police district
created under section 505.481 of the Revised Code, or a
township
constable appointed in accordance with section 509.01 of the
Revised Code, who has received a certificate from the Ohio peace
officer training commission under section 109.75 of the Revised
Code,
may arrest and detain, until a warrant can be obtained, any
person found violating any section or chapter of the Revised Code
listed in division (E)(1) of this section, other than sections
4513.33 and 4513.34 of the Revised Code, on the portion of any
street or highway that is located immediately adjacent to the
boundaries of the township police district or joint township
police district, in the case of a member of a township police
district or joint township police district police force, or the
unincorporated territory of the township, in the case of a
township constable. However, if the population of the township
that created the township police district served by the member's
police force, or the townships that created the joint township
police district served by the member's police force, or the
township that is served by the township constable, is sixty
thousand or less, the member of the township police district or
joint police district police force or the township constable may
not make an arrest under division (E)(2) of this
section on a
state highway that is
included as part of the interstate system.
(3) A police officer or village marshal appointed,
elected,
or employed by a municipal corporation may arrest and
detain,
until a warrant can be obtained, any person found
violating any
section or chapter of the Revised Code listed in
division (E)(1)
of this section on the portion of any street or
highway that is
located immediately adjacent to the boundaries of
the municipal
corporation in which the police officer or village
marshal is
appointed, elected, or employed.
(4) A peace
officer of the department of natural resources
or
an individual
designated to perform law enforcement duties
under
section
511.232, 1545.13, or 6101.75 of the
Revised Code may
arrest and detain,
until a warrant can be obtained, any person
found violating any
section or chapter of the Revised
Code listed
in division
(E)(1) of this section, other
than sections 4513.33
and 4513.34 of the
Revised
Code, on the portion of any
street or
highway that is located immediately adjacent to the
boundaries of
the lands and waters that constitute the
territorial jurisdiction
of the peace officer.
(F)(1) A department of mental health special police officer
or
a department of mental retardation and developmental
disabilities
special police officer may arrest without a warrant
and detain until a
warrant can be obtained any person found
committing on the
premises of any institution under the
jurisdiction of the
particular department a misdemeanor under a
law of the state.
A department of mental health special police officer or a
department of mental retardation and developmental disabilities
special police officer may arrest without a warrant and detain
until a
warrant can be obtained any person who has been
hospitalized,
institutionalized, or confined in an institution
under the
jurisdiction of the particular department pursuant to or
under
authority of section 2945.37, 2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised
Code and who is
found committing on the
premises of any institution under the
jurisdiction of the
particular department a violation of section
2921.34 of the
Revised Code that involves an escape from the
premises of the
institution.
(2)(a) If a department of mental health special police
officer
or a department of mental retardation and developmental
disabilities special police officer finds any person who has been
hospitalized, institutionalized, or confined in an institution
under the jurisdiction of the particular department pursuant to
or
under authority of section 2945.37, 2945.371, 2945.38,
2945.39,
2945.40, 2945.401, or
2945.402 of the Revised Code committing a
violation of
section 2921.34 of the Revised Code that involves an
escape from
the premises of the institution, or if there is
reasonable ground
to believe that a violation of section 2921.34
of the Revised
Code has been committed that involves an escape
from the premises
of an institution under the jurisdiction of the
department of
mental health or the department of mental
retardation and
developmental disabilities and if a department of
mental health
special police officer or a department of mental
retardation and
developmental disabilities special police officer
has reasonable cause
to believe that a particular person who has
been hospitalized,
institutionalized, or confined in the
institution pursuant to or
under authority of section 2945.37,
2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of
the
Revised Code is guilty of the violation, the
special police
officer, outside of the premises of the institution,
may pursue,
arrest, and detain that person for that violation of
section
2921.34 of the Revised Code, until a warrant can be
obtained, if
both of the following apply:
(i) The pursuit takes place without unreasonable delay
after
the offense is committed;
(ii) The pursuit is initiated within the premises of the
institution from which the violation of section 2921.34 of the
Revised Code occurred.
(b) For purposes of division (F)(2)(a) of this section,
the
execution of a written statement by the administrator of the
institution in which a person had been hospitalized,
institutionalized, or confined pursuant to or under authority of
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or
2945.402 of the
Revised Code alleging that the person has escaped
from the
premises of the institution in violation of section
2921.34 of
the Revised Code constitutes reasonable ground to
believe that the violation was committed and reasonable cause to
believe that the person alleged in the statement to have
committed
the offense is guilty of the violation.
(G) As used in this section:
(1) A "department of mental health special police officer"
means a special police officer of the department of mental health
designated under section 5119.14 of the Revised Code who is
certified by the Ohio peace officer training commission under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.
(2) A "department of mental retardation and developmental
disabilities special police officer" means a special
police
officer of the
department of mental retardation and developmental
disabilities
designated under section 5123.13 of the Revised Code
who is
certified by the Ohio peace officer training council under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.
(3) "Deadly weapon" has the same meaning as in section
2923.11 of the Revised
Code.
(4) "Family or household member" has the same meaning as in
section 2919.25
of the Revised Code.
(5) "Street" or "highway" has the same meaning as in
section
4511.01 of the Revised Code.
(6) "Interstate system" has the same meaning as in section
5516.01 of the Revised Code.
(7) "Peace officer of the department of
natural resources"
means an employee of the
department of natural resources who is
a
natural resources law enforcement staff officer designated
pursuant to
section 1501.013 of the Revised Code, a forest officer
designated
pursuant
to section 1503.29 of the Revised Code, a
preserve officer designated
pursuant to
section 1517.10 of the
Revised Code, a wildlife officer designated
pursuant to section
1531.13 of the Revised Code, a park officer designated pursuant to
section
1541.10 of the Revised Code, or
a state watercraft officer
designated pursuant to section 1547.521
of the
Revised Code.
(8) "Portion of any street or highway" means all lanes of the
street or highway irrespective of direction of travel, including
designated turn lanes, and any berm, median, or shoulder.
Sec. 2935.13. Upon the arrest of any person pursuant to
warrant, he
the person shall forthwith be taken before the court
or magistrate
issuing the same, if such court be in session or
such magistrate available,
and proceedings had as provided in
sections 2937.01 to 2937.46, inclusive, of
the Revised Code. If
such court be not in session and a misdemeanor or violation of an
ordinance violation or resolution is
charged, he the defendant
shall be taken before the clerk or
deputy clerk of the court and
let to bail, as provided in sections 2937.22 to 2937.46,
inclusive, of the
Revised Code, if the magistrate be not
available, or if the defendant is
arrested in a county other than
that of the issuing court or magistrate
he the defendant shall
forthwith be taken before the most
convenient magistrate, clerk,
or
deputy clerk of a court of record, and there let to bail for
his the
defendant's appearance before the issuing court or
magistrate within a
reasonable time to be set by such clerk.
Sec. 2935.14. If the person arrested is unable to offer
sufficient bail or,
if the offense charged be a felony, he the
person arrested
shall, prior to being confined or removed from the
county of arrest, as the
case may be, be speedily permitted
facilities to communicate with an attorney
at law of his the
person's own choice, or to
communicate with at least one relative
or other person for the purpose of
obtaining counsel (or in cases
of misdemeanors or ordinance violation of an ordinance or
resolution for the
purpose of arranging bail). He The person
arrested shall not
thereafter be confined or removed
from the
county or from the situs of initial detention until such attorney
has
had reasonable opportunity to confer with him the person
privately, or other person to
arrange bail, under such security
measures as may be necessary under the
circumstances.
Whoever, being a police officer in charge of a prisoner, or
the custodian of
any jail or place of confinement, violates this
section shall be fined not
less than one hundred nor more than
five hundred dollars or imprisoned not
more than thirty days, or
both.
Sec. 2935.17. (A) An affidavit in either of the following
forms is sufficient:
........................... County, ss:
Before me, A.B., personally came C.D., who being duly sworn
according to
law deposes and says that on or about the day of
..........., .....,
at the
county of .......... one E.F. (here
describe the offense as nearly according
to the nature thereof as
the case will admit, in ordinary concise
language) C.D.
Sworn to and subscribed before me this ........ day of
..........,
....
|
A.B., County Judge
|
|
Clerk of ............. Court" |
........................... County, ss:
Before me, A.B., personally came C.D., who being duly sworn
according to
law says that on or about the ...... day of
........., ...., one E.F.
did:
(here listing several common
offenses, plainly but tersely described as: fail
to stop at stop
sign, pass at crest of grade, etc., with a ruled box before
each,
and then showing an X or distinctive mark in front of the offense
claimed to be committed). C.D.
Sworn to before me and subscribed in my presence this ........ day
of
........, ....
|
A.B., County Judge
|
|
Clerk of ............. Court" |
(B) A complaint in the following form is sufficient:
........................... County, ss:
The undersigned (assistant) prosecuting attorney of
.......... County
complains that on or about the ..... day of
.............,
...., one E.F. did (here describing the offense
committed as
above) based on affidavit of .................. filed
with me.
|
.............................. |
|
Prosecuting Attorney/City |
|
Director of Law" |
Provided, that the supreme court of Ohio, may, by rule,
provide for the uniform type and language to be used in any
affidavit or complaint to be filed in any court inferior to the
court of common pleas for violations of the motor vehicle and
traffic acts and related ordinances and resolutions and in any
notice to violator
to appear in such courts, and may require that
such forms and no
other, shall be received in such courts, and
issued to violators.
Sec. 2935.27. (A)(1) If a law enforcement officer issues
a
citation to a person pursuant to section 2935.26 of the Revised
Code and if the minor misdemeanor offense for which the citation
is issued is an act prohibited by Chapter 4511., 4513., or 4549.
of the Revised Code or an act prohibited by any municipal
ordinance or township resolution that is substantially similar to
any section contained
in Chapter 4511., 4513., or 4549. of the
Revised Code, the
officer
shall inform the person, if the person
has a current
valid Ohio
driver's or commercial driver's license,
of the possible
consequences of the person's actions as required
under
division
(E) of
this section, and also shall inform the
person that
the
person is required
either to appear at the time
and place stated
in the citation or
to comply with division (C) of
section 2935.26
of the Revised
Code.
(2) If the person is an Ohio resident
but does not have
a
current valid Ohio driver's or commercial driver's license or if
the person is
a resident of a
state that is not a member of the
nonresident violator compact of
which this
state is a member
pursuant to section
4510.71 of the
Revised Code,
and if
the
court,
by local rule, has prescribed a
procedure for
the
setting
of a
reasonable security
pursuant to division (F) of this
section,
security shall be set in
accordance with that local rule
and that
division.
A court by local rule may prescribe a procedure for the
setting of reasonable security as described in this division. As
an alternative to
this procedure, a court by local rule may
prescribe
a procedure
for the setting of a reasonable security by
the person without the
person appearing before the court.
(B) A person who
has security
set under division (A)(2) of
this section shall be given a
receipt
or other evidence of the
deposit of the security by the
court.
(C) Upon compliance with division (C) of section 2935.26
of
the Revised Code by a person who was issued a citation, the
clerk
of the court shall notify the court. The court shall
immediately
return any sum of money, license, or other security
deposited in
relation to the citation to the person, or to any
other person who
deposited the security.
(D) If a person who has a current valid Ohio driver's or
commercial driver's license and who was issued a citation fails
to
appear at the time and place specified on the citation,
fails to
comply with division (C) of section 2935.26 of the
Revised Code,
or fails to comply with or satisfy any judgment of
the court
within the time allowed by the court, the court shall
declare the
forfeiture of the person's license.
Thirty days
after
the
declaration of forfeiture, the court shall enter information
relative to the
forfeiture on a form approved and
furnished by the
registrar
of
motor vehicles, and forward the form
to the
registrar. The
registrar shall
suspend the person's
driver's or
commercial
driver's license, send written notification
of the
suspension to
the person at the
person's last known
address, and
order the
person to
surrender the person's
driver's
or commercial
driver's
license to the registrar within forty-eight
hours. No
valid
driver's or commercial driver's license shall be
granted to
the
person until the court having jurisdiction of the
offense that
led
to the
forfeiture orders that the
forfeiture be
terminated.
The
court shall so order if the person,
after having
failed to
appear
in court at the required time and
place to
answer the
charge or
after having pleaded guilty to or
been found
guilty of
the
violation and having failed within the
time allowed
by the
court
to pay the fine imposed by the court,
thereafter
appears to
answer
the charge and pays any fine imposed
by the court or pays
the fine
originally imposed by the court.
The
court shall inform
the
registrar of the termination of the
forfeiture by
entering
information
relative to the
termination on a form approved and
furnished by the registrar
and
sending the form to the registrar
as provided in this division.
The
person
shall pay
to the bureau
of motor vehicles a
fifteen-dollar
reinstatement fee to
cover the
costs of the bureau
in
administering
this section. The
registrar
shall deposit
the fees
so paid into the state bureau of
motor
vehicles fund created by
section
4501.25 of the Revised
Code.
In addition, upon receipt of the copy of the declaration
of
forfeiture from the court, neither the registrar nor
any
deputy
registrar shall accept any application for the
registration or
transfer of registration of any motor vehicle
owned or leased by
the person named in the declaration of
forfeiture until
the court
having jurisdiction of the
offense
that led to the
forfeiture
orders that the
forfeiture be
terminated. However, for a motor
vehicle
leased by a person named
in a declaration of
forfeiture,
the registrar shall not
implement the
preceding
sentence until the
registrar adopts
procedures for that
implementation under section
4503.39
of the
Revised Code. Upon
receipt by the registrar of an
order
terminating the
forfeiture, the registrar shall take
such
measures as may
be
necessary to permit the person to register
a
motor vehicle
owned
or leased by the person or to transfer the
registration of such a
motor vehicle, if the person later makes
application to take such
action and the person otherwise is
eligible to register the motor
vehicle
or to transfer the
registration of it.
The registrar is not required to give effect to any
declaration of
forfeiture or order terminating a
forfeiture
unless
the order is
transmitted to the
registrar by means of an
electronic transfer system. The registrar shall not restore the
person's driving or vehicle registration privileges until the
person pays the reinstatement fee as provided in this division.
If the person who was issued the citation fails to appear
at
the time and place specified on the citation and fails to
comply
with division (C) of section 2935.26 of the Revised Code
and the
person has deposited a sum of money or other security in
relation
to the citation under division (A)(2) of this section,
the deposit
immediately shall be forfeited to the court.
This section does not preclude further action as authorized
by division (F) of section 2935.26 of the Revised Code.
(E) A law enforcement officer who issues a person a minor
misdemeanor citation for an act prohibited by Chapter 4511.,
4513., or 4549. of the Revised Code or an act prohibited by a
municipal ordinance or township resolution that is substantially
similar to any section
contained in Chapter 4511., 4513., or 4549.
of the Revised Code
shall inform the person that if the person
does not appear at
the
time
and place stated on the citation or
does not comply with
division
(C) of section 2935.26 of the
Revised Code, the person's
driver's
or commercial driver's license
will be suspended, the
person will not be eligible for the
reissuance of the license or
the issuance
of a new license or the
issuance of a certificate of
registration for a motor vehicle
owned or leased
by the person,
until the person appears and
complies with all orders of the
court. The person also is subject
to any applicable criminal
penalties.
(F) A court setting security under division (A)(2) of this
section shall do so in conformity with sections 2937.22 and
2937.23 of the Revised Code and the Rules of Criminal Procedure.
Sec. 2935.33. (A) If a person charged with a misdemeanor is
taken
before a judge of a court of record and if it appears to the
judge
that the person is an alcoholic or is suffering from acute
alcohol intoxication
and that the person would benefit from
services provided by an
alcohol and drug addiction program
certified under Chapter 3793.
of the Revised Code, the judge may
place the person temporarily in
a program certified under that
chapter in the area
in which the court has jurisdiction for
inpatient care and treatment for an indefinite period not
exceeding five days. The commitment does not limit the right to
release on bail. The judge may dismiss a charge of a
violation of
division (B) of
section 2917.11 of the Revised Code or of a
municipal ordinance or township resolution
substantially
equivalent to that division if
the defendant complies with all
the
conditions of treatment
ordered by the court.
The court may order that any fines or court costs collected
by the court from defendants who have received inpatient care from
an alcohol
and drug addiction program be paid, for the benefit
of
the program, to the board of alcohol, drug addiction, and
mental
health services of the alcohol, drug addiction, and mental
health
service district in which the program is located or to the
director of alcohol and drug addiction services.
(B) If a person is being sentenced for
a violation of
division (B) of section 2917.11 or section
4511.19 of the Revised
Code, a misdemeanor
violation of section 2919.25 of the Revised
Code, a misdemeanor violation of section 2919.27 of the Revised
Code involving a protection order issued or consent agreement
approved
pursuant to section 2919.26 or 3113.31 of the Revised
Code, or a
violation of a municipal ordinance or township
resolution substantially
equivalent to
that division or any of
those sections and if it
appears to the judge at the
time of
sentencing that the person is
an alcoholic or is
suffering from
acute alcohol intoxication
and
that, in lieu of imprisonment, the
person would benefit from
services provided by an alcohol and drug
addiction program
certified under Chapter 3793. of the Revised
Code, the court may
commit the person to close supervision in any
facility in the
area
in which the court has jurisdiction that is,
or is operated
by,
such a program.
Such close supervision may
include outpatient
services and
part-time release, except that a
person convicted of
a violation
of division (A) of section 4511.19
of the Revised Code
shall be
confined to the facility for at least
three days and
except that
a person convicted of a misdemeanor
violation of
section 2919.25
of the Revised Code, a misdemeanor
violation of
section 2919.27 of the Revised Code involving a
protection order
issued
or consent agreement approved pursuant to
section 2919.26
or 3113.31 of the
Revised Code, or a violation of
a substantially
equivalent
municipal ordinance or township
resolution shall be confined to the facility
in accordance with
the order of commitment. A commitment of a
person to a facility
for purposes of close supervision shall not
exceed the maximum
term for which the person could be imprisoned.
(C) A law enforcement officer who finds a person subject
to
prosecution for violation of division (B) of section 2917.11
of
the Revised Code or a municipal ordinance or township resolution
substantially
equivalent
to that division and who has reasonable
cause to believe
that the
person is an alcoholic or is suffering
from acute
alcohol
intoxication and would benefit from immediate
treatment
immediately may place the person in an alcohol and drug
addiction
program certified under Chapter 3793. of the Revised
Code in the
area in which the person is found, for emergency
treatment, in
lieu of other arrest procedures, for a maximum
period of
forty-eight hours. During that time, if the person
desires to
leave such custody,
the person shall be released
forthwith.
(D) As used in this section:
(1)
"Alcoholic" has the same meaning as in section 3793.01
of
the Revised Code;
(2)
"Acute alcohol intoxication" means a heavy consumption
of
alcohol over a relatively short period of time, resulting in
dysfunction of the brain centers controlling behavior, speech,
and
memory and causing characteristic withdrawal symptoms.
Sec. 2935.36. (A) The prosecuting attorney may establish
pre-trial diversion programs for adults who are accused of
committing criminal offenses and whom the prosecuting
attorney
believes probably will not offend again. The prosecuting attorney
may require, as a condition of an accused's participation in the
program, the accused to pay a reasonable fee for supervision
services that include, but are not limited to, monitoring and drug
testing. The programs shall be
operated pursuant to
written
standards approved by journal entry by the presiding
judge or, in
courts with only one judge, the judge of the court
of common pleas
and shall not be applicable to any of the
following:
(1) Repeat offenders or dangerous offenders;
(2) Persons accused of an offense of violence, of a
violation
of section 2903.06, 2907.04, 2907.05,
2907.21, 2907.22, 2907.31,
2907.32, 2907.34, 2911.31, 2919.12,
2919.13, 2919.22, 2921.02,
2921.11, 2921.12, 2921.32, or 2923.20
of the Revised Code, or of a
violation of section 2905.01, 2905.02, or
2919.23 of the Revised
Code that, had it occurred prior to
July 1,
1996, would have been
a violation of section
2905.04 of the Revised Code as it existed
prior to that
date, with the exception that the prosecuting
attorney may permit persons accused of any such offense to enter a
pre-trial diversion program, if the prosecuting attorney
finds any
of the following:
(a) The accused did not cause, threaten, or intend serious
physical harm to any person;
(b) The offense was the result of circumstances not likely
to
recur;
(c) The accused has no history of prior delinquency or
criminal activity;
(d) The accused has led a law-abiding life for a
substantial
time before commission of the alleged offense;
(e) Substantial grounds tending to excuse or justify the
alleged offense.
(3) Persons accused of a violation of Chapter 2925. or
3719.
of the Revised Code;
(4) Drug dependent persons or persons in danger of
becoming
drug dependent persons, as defined in section 3719.011
of the
Revised Code. However, this division does not affect the
eligibility of such persons for intervention in lieu
of conviction
pursuant to section 2951.041 of the Revised Code.
(5) Persons accused of a violation of section 4511.19 of
the
Revised Code or a violation of any substantially similar
municipal
ordinance or township resolution.
(B) An accused who enters a diversion program shall do all of
the
following:
(1) Waive, in writing and contingent upon the accused's
successful completion of the program, the accused's right to a
speedy
trial, the preliminary hearing, the time period within
which the grand jury
may consider an indictment against the
accused, and arraignment, unless
the hearing, indictment, or
arraignment has already occurred;
(2) Agree, in writing, to the tolling while in the program
of
all periods of limitation established by statutes or rules of
court, that are applicable to the offense with which the
accused
is
charged and to the conditions of the diversion program
established by the prosecuting attorney;
(3) Agree, in writing, to pay any reasonable fee for
supervision services established by the prosecuting attorney.
(C) The trial court, upon the application of the
prosecuting
attorney, shall order the release from confinement of
any accused
who has agreed to enter a pre-trial diversion program
and shall
discharge and release any existing bail and release any
sureties
on recognizances and shall release the accused on a
recognizance
bond conditioned upon the accused's compliance with
the terms of
the diversion program. The prosecuting attorney
shall notify every
victim of the crime and the arresting officers
of the prosecuting
attorney's intent to permit the accused
to enter a pre-trial
diversion program. The victim of the crime and the arresting
officers shall have the opportunity to file written objections
with the prosecuting attorney prior to the commencement of the
pre-trial diversion program.
(D) If the accused satisfactorily completes the diversion
program, the prosecuting attorney shall recommend to the trial
court that the charges against the accused be dismissed, and the
court, upon the recommendation of the prosecuting attorney, shall
dismiss the charges. If the accused chooses not to enter the
prosecuting attorney's diversion program, or if the accused
violates the conditions of the agreement pursuant to which the
accused has been released, the accused may be brought to trial
upon the
charges in the manner provided by law, and the waiver
executed pursuant to
division (B)(1) of this section shall be void
on the date the
accused is removed from the program for the
violation.
(E) As used in this section:
(1) "Repeat offender" means a person who has a history of
persistent
criminal activity and whose character and condition
reveal a substantial risk
that the person will commit another
offense. It is
prima-facie evidence that a person
is a repeat
offender if any of the following applies:
(a) Having been convicted of one or more offenses of violence
and
having been imprisoned pursuant to sentence for any such
offense,
the person commits a subsequent offense of violence;
(b) Having been convicted of one or more sexually oriented
offenses or child-victim oriented offenses, both as defined
in
section 2950.01 of the Revised Code, and having been
imprisoned
pursuant to sentence for one or more of those offenses,
the person
commits a subsequent sexually oriented offense or child-victim
oriented offense;
(c) Having been convicted of one or more theft offenses as
defined
in section 2913.01 of the Revised Code and having been
imprisoned pursuant to sentence for one or more of those theft
offenses,
the person commits a subsequent theft offense;
(d) Having been convicted of one or more felony drug abuse
offenses as defined in section 2925.01 of the Revised Code
and
having been imprisoned pursuant to sentence for one or more of
those
felony drug abuse offenses, the person commits a subsequent
felony
drug abuse offense;
(e) Having been convicted of two or more felonies and having
been
imprisoned pursuant to sentence for one or more felonies, the
person commits a subsequent offense;
(f) Having been convicted of three or more offenses of any
type or
degree other than traffic offenses, alcoholic intoxication
offenses, or minor
misdemeanors and having been imprisoned
pursuant to sentence for any such
offense, the person commits a
subsequent offense.
(2) "Dangerous offender" means a person who has committed an
offense,
whose history, character, and condition reveal a
substantial risk that the
person will be a danger to others, and
whose conduct has been characterized by
a pattern of
repetitive,
compulsive, or aggressive behavior with heedless indifference to
the consequences.
Sec. 2937.08. Upon a plea of not guilty or a plea of once in
jeopardy, if the
charge be a misdemeanor in a court of record
other than a community court, the court shall proceed to set
the
matter for trial at a future time, pursuant to Chapter 2938. of
the
Revised Code, and shall let accused to bail pending such
trial. Or he
the court may,
but only if both prosecutor and
accused expressly consent, set the matter for
trial forthwith.
Upon the entry of such pleas to a charge of misdemeanor in a
community court not of
record, the magistrate shall forthwith set
the matter for future trial or,
with the consent of both state and
defendant may set trial forthwith, both
pursuant to Chapter 2938.
of the Revised Code, provided that if the nature of
the offense is
such that right to jury trial exists, such matter shall not be
tried before him the magistrate unless the accused, by writing
subscribed by him the accused, waives a
jury and consents to be
tried by the magistrate.
If the defendant in such event does not waive right to jury
trial, then the
magistrate shall require the accused to enter into
recognizance to appear
before a the municipal court of record in
the or county, set by such magistrate court that has territorial
jurisdiction over the municipal corporation in which the community
court is located, and the
magistrate shall thereupon certify all
papers filed, together with transcript
of proceedings and accrued
costs to date, and such recognizance if given, to
such designated
court of record. Such transfer shall not require the filing
of
indictment or information and trial shall proceed in the
transferee court
pursuant to Chapter 2938. of the Revised Code.
Sec. 2937.221. (A) A person arrested without warrant for
any
violation listed in division (B) of this section, and having
a
current valid Ohio driver's or commercial driver's license, if the
person
has been notified of the possible consequences
of the
person's actions as required by division (C) of this
section, may
post
bond by depositing the license with the arresting officer if
the
officer and person so choose, or with the local court having
jurisdiction if the court and person so choose. The license may
be
used as bond only during the period for which it is valid.
When an arresting officer accepts the driver's or
commercial
driver's license as bond, the officer shall note
the date,
time,
and place of the court appearance on "the violator's notice
to
appear," and the notice shall serve as a valid Ohio driver's or
commercial driver's license until the date and time appearing
thereon. The arresting officer immediately shall forward
the
license to the appropriate court.
When a local court accepts the license as bond or continues
the case to another date and time, it shall provide the person
with a card in a form approved by the registrar of motor vehicles
setting forth the license number, name, address, the date and
time
of the court appearance, and a statement that the license is
being
held as bond. The card shall serve as a valid license
until the
date and time contained in the card.
The court may accept other bond at any time and return the
license to the person. The court shall return the license to the
person when judgment is satisfied, including, but not limited to,
compliance with any court orders, unless a suspension or
cancellation is part of the penalty imposed.
Neither "the violator's notice to appear" nor a court-
granted card shall continue driving privileges beyond the
expiration date of the license.
If the person arrested fails to appear in court at the date
and time set by the court or fails to satisfy the judgment of the
court, including, but not limited to, compliance with all court
orders within the time allowed by the court, the court may
declare
the forfeiture of the
person's
license. Thirty
days
after the
declaration of the forfeiture, the court shall
forward
the
person's
license to the registrar. The court also shall enter
information
relative to the
forfeiture on a form approved and
furnished by the registrar
and send the form to the
registrar. The
registrar shall suspend the person's license and
send written
notification of the
suspension to the person at the person's last
known address. No
valid driver's or commercial driver's license
shall be granted to
the person until the
court having
jurisdiction
orders
that the
forfeiture be terminated.
The
court shall inform
the
registrar
of the termination of the forfeiture
by entering
information relative to
the termination on
a form
approved and
furnished by the registrar
and sending the
form to the registrar.
Upon the
termination, the
person
shall pay
to the bureau
of motor
vehicles a reinstatement fee
of fifteen dollars to
cover the
costs
of the
bureau
in administering this section. The
registrar
shall
deposit
the fees so
paid into the state bureau of
motor
vehicles
fund created by section 4501.25 of the Revised
Code.
In addition, upon receipt from the court of the copy of
the
declaration of forfeiture, neither the registrar
nor
any deputy
registrar shall
accept any application for the
registration or
transfer of
registration of any motor vehicle
owned by or leased
in the name
of the person named in the
declaration of forfeiture
until the
court having
jurisdiction
over the offense that led to
the suspension issues an order
terminating the
forfeiture.
However, for a motor
vehicle leased in the
name of a
person named
in a
declaration of forfeiture, the
registrar shall not
implement
the preceding
sentence until the
registrar adopts procedures for
that
implementation under section
4503.39 of the Revised Code.
Upon
receipt
by the registrar
of such
an order,
the registrar also
shall
take
the
measures
necessary to permit the person to register
a
motor vehicle the person owns or
leases or to transfer the
registration of
a
motor vehicle
the person owns or
leases if
the
person later makes a
proper application and otherwise is
eligible
to be issued or to
transfer a motor vehicle registration.
(B) Division (A) of this section applies to persons
arrested
for violation of:
(1) Any of the provisions of Chapter 4511. or 4513. of the
Revised Code, except sections 4511.19, 4511.20, 4511.251, and
4513.36 of the Revised Code;
(2) Any municipal ordinance or township resolution
substantially similar to a
section included in division (B)(1) of
this section;
(3) Any bylaw, rule, or regulation of the Ohio turnpike
commission substantially similar to a section included in
division
(B)(1) of this section.
Division (A) of this section does not apply to those
persons
issued a citation for the commission of a minor
misdemeanor under
section 2935.26 of the Revised Code.
(C) No license shall be accepted as bond by an arresting
officer or by a court under this section until the officer or
court has notified the person that, if the person deposits the
license with the officer or court and either does not appear on
the date and at the time set by the officer or the court, if the
court sets a time, or does not satisfy any judgment rendered,
including, but not limited to, compliance with all court orders,
the license will be suspended, and the person
will not be eligible
for
reissuance of the license or issuance of a new license, or the
issuance of a certificate of registration for a
motor vehicle
owned or leased by the person until the person
appears and
complies with any order issued by the court.
The person also is
subject to any criminal penalties that may apply to the
person.
(D) The registrar shall not restore the person's driving or
vehicle registration privileges until the person pays the
reinstatement fee as provided in this section.
Sec. 2937.23. (A)(1) In a case involving a felony or a
violation
of section 2903.11, 2903.12, or 2903.13 of the Revised
Code
when the victim of the offense is a peace officer, the
judge
or magistrate shall fix the amount of bail.
(2) In a case involving a
misdemeanor or a violation of a
municipal ordinance and not involving a
felony or a violation of
section 2903.11, 2903.12, or 2903.13 of the
Revised Code when the
victim of the offense is a peace
officer, the judge, magistrate,
or clerk of the court may fix the amount
of bail and may do so in
accordance with a schedule previously
fixed by the judge or
magistrate. If the judge,
magistrate, or clerk of
the court is not
readily available, the
sheriff, deputy sheriff, marshal, deputy
marshal, police officer,
or jailer having custody of the person
charged may fix the
amount of bail in
accordance with a schedule
previously fixed by the judge or
magistrate and shall take the
bail only in the county
courthouse, the municipal or township
building, or the county or municipal
jail.
(3) In all cases, the bail shall be fixed with consideration
of
the seriousness of the offense charged, the previous criminal
record
of the defendant, and the probability of the defendant
appearing at the trial of the case.
(B) In any case involving an alleged violation of section
2903.211 of the
Revised Code or of
a municipal ordinance or
township resolution that is substantially similar to that section,
the court
shall determine whether it will order an evaluation of
the mental condition of
the defendant pursuant to section 2919.271
of the Revised Code and, if it
decides to so order, shall issue
the order requiring the evaluation before it
sets bail for the
person charged with the violation. In any case involving an
alleged violation of section
2919.27 of the Revised Code or of a
municipal ordinance or township resolution that is
substantially
similar to that section and in which the court
finds that either
of the following criteria applies, the court
shall determine
whether it will order an evaluation of the mental condition of
the
defendant pursuant to section 2919.271 of the Revised
Code and, if
it decides to so order, shall issue the order requiring
that
evaluation before it sets bail for the person charged with the
violation:
(1) Regarding an alleged violation of a protection
order
issued or consent agreement approved pursuant to section
2919.26
or 3113.31 of the Revised Code, that the
violation
allegedly
involves conduct by the
defendant that caused
physical harm to the
person or property of a family or household
member covered by the
order or agreement or conduct by that
defendant that caused a
family or household member to believe
that the defendant would
cause physical harm to that member or
that member's property;
(2) Regarding an alleged violation of a
protection order
issued pursuant to section 2903.213 or 2903.214 of the
Revised
Code, or a protection order issued by a
court of another state,
as
defined in section 2919.27 of the Revised Code, that the violation
allegedly
involves conduct by the defendant that caused physical
harm to the person or property of the person covered by the order
or conduct by that defendant that caused the person covered by
the
order to believe that the defendant would cause physical harm
to
that person or that person's property.
(C) As used in this section, "peace officer" has the same
meaning
as in section 2935.01 of the Revised Code.
Sec. 2937.46.
(A) The supreme court of Ohio, in the
interest
of uniformity of
procedure in the various courts and for
the
purpose of promoting
prompt and
efficient disposition of cases
arising under the traffic laws of this state
and related
ordinances and resolutions,
may make uniform rules for
practice
and
procedure in
courts inferior to the court of common pleas not
inconsistent with
the
provisions of Chapter 2937. of the Revised
Code, including,
but not limited
to:
(1) Separation of arraignment and trial of traffic and
other
types of cases;
(2) Consolidation of cases for trial;
(3) Transfer of cases within the same county for the
purpose
of trial;
(4) Designation of special referees for hearings or for
receiving pleas or
bail at times when courts are not in session;
(5) Fixing of reasonable bonds, and disposition of cases
in
which bonds have
been forfeited.
(B)
Except as otherwise specified in division
(N)
of section
4511.19 of the Revised Code, all of the rules
described
in
division (A) of this section, when promulgated by the
supreme
court, shall be fully
binding on all courts inferior to
the court
of common pleas
and on the
court of common pleas in
relation to
felony violations of division
(A) of section 4511.19
of the
Revised Code and shall effect a
cancellation of any local
court
rules inconsistent
with
the supreme court's rules.
Sec. 2937.99. (A) No person shall fail
to appear as
required, after
having been released pursuant to section 2937.29
of the Revised
Code. Whoever violates this
section is guilty of
failure to appear and shall be punished as set forth in
division
(B) or (C) of this section.
(B) If the release was in connection with a
felony
charge
or
pending appeal after conviction
of
a
felony, failure to appear
is
a felony of
the fourth degree.
(C) If the release was in connection with a
misdemeanor
charge or for appearance as a witness,
failure to appear
is a
misdemeanor of
the
first degree.
(D) This section does not apply to misdemeanors and related
ordinance and resolution offenses arising under Chapters 4501.,
4503., 4505.,
4507., 4509.,
4510., 4511., 4513., 4517., 4549., and
5577. of the
Revised Code, except that this section does apply to
violations
of
sections 4511.19, 4549.02, and 4549.021 of the
Revised Code
and
ordinance and resolution offenses related to
sections 4511.19,
4549.02, and
4549.021 of the Revised Code.
Sec. 2938.02. The provisions of Chapter 2938. of the Revised
Code shall apply
to trial on the merits of any misdemeanor,
ordinance or resolution offense, prosecution for
the violation of
any rule or
regulation of any governmental body authorized to
adopt penal
regulations, or to complaints to keep the peace, which
may be
instituted in and retained for trial on the merits in any
court or
before any
magistrate inferior to the court of common
pleas;
provided that in juvenile
courts, where the conduct of any
person
under the age of eighteen years is
made the subject of
inquiry and
for which special provision is made by Chapter
2151.
or 2152. of
the Revised Code, such matters shall be
tried,
adjusted, or
disposed
of pursuant to Chapter 2151. or 2152. of the
Revised
Code.
Sec. 2938.04. In courts of record other than community
courts, the right to trial by jury as defined in
section 2945.17
of the Revised Code shall be claimed by making demand in
writing
therefor and filing the same with the clerk of the court not less
than
three days prior to the date set for trial or on the day
following receipt of
notice whichever is the later. Failure to
claim jury trial as provided in
this section is a complete waiver
of right thereto. In community courts not of record
jury trial may
not be had, but failure to waive jury in writing where right to
jury trial may be asserted shall require the magistrate to certify
such case
to
a another court of record as provided in section
1923.10 or
2937.08 of the Revised Code.
Sec. 2941.51. (A) Counsel appointed to a case or selected
by
an indigent person under division (E) of section 120.16 or
division (E) of section 120.26 of the Revised Code, or otherwise
appointed by the court, except for counsel appointed by the court
to provide legal representation for a person charged with a
violation of an ordinance of a municipal corporation or resolution
of a township, shall be
paid for their services by the county the
compensation and
expenses that the trial court approves. Each
request for payment
shall be accompanied by a financial disclosure
form and an affidavit of
indigency that are completed by
the
indigent person on forms prescribed by the state public
defender.
Compensation and expenses shall not exceed the amounts
fixed by
the board of county commissioners pursuant to division
(B) of this
section.
(B) The board of county commissioners shall establish a
schedule of fees by case or on an hourly basis to be paid by the
county for legal services provided by appointed counsel. Prior
to
establishing such schedule, the board shall request the bar
association or associations of the county to submit a proposed
schedule. The schedule submitted shall be subject to the review,
amendment, and approval of the board of county commissioners.
(C) In a case where counsel have been appointed to conduct
an
appeal under Chapter 120. of the Revised Code, such
compensation
shall be fixed by the court of appeals or the
supreme court, as
provided in divisions (A) and (B) of this
section.
(D) The fees and expenses approved by the court under this
section shall not be taxed as part of the costs and shall be paid
by the county. However, if the person represented has, or
reasonably may be expected to have, the means to meet some part
of
the cost of the services rendered to the person,
the person shall
pay the county
an amount that
the person reasonably can be
expected to
pay. Pursuant to section 120.04 of the Revised Code,
the county shall pay
to the state public defender a
percentage of
the payment received from
the person in an
amount proportionate to
the percentage of the costs of the
person's case that were paid to
the county by the state public
defender pursuant to this section.
The money paid to the state
public defender shall be credited to
the client payment fund created
pursuant to division
(B)(5) of
section
120.04 of the Revised Code.
(E) The county auditor shall draw a warrant on the
county
treasurer for the payment of such counsel in the amount
fixed by
the court, plus the expenses that the court fixes and
certifies to
the auditor. The county auditor shall report
periodically, but not
less than annually, to the board of county
commissioners and to
the
Ohio public defender commission the amounts paid out pursuant
to
the approval of the court under this section, separately
stating
costs and expenses that are reimbursable under section
120.35 of
the Revised Code. The board, after review and approval
of the
auditor's report, may then certify it to the state public
defender for reimbursement. The request for reimbursement shall be
accompanied by a financial disclosure form completed by each
indigent person
for whom counsel was provided on a form prescribed
by the state public
defender. The state public defender shall
review the report and, in accordance with the standards,
guidelines, and maximums established pursuant to divisions (B)(7)
and (8) of section 120.04 of the Revised Code, pay fifty per cent
of the total cost, other than costs and expenses that are
reimbursable under section 120.35 of the Revised Code, if any, of
paying appointed counsel in each county and pay fifty per cent of
costs and expenses that are reimbursable under section 120.35 of
the Revised Code, if any, to the board.
(F) If any county system for paying appointed counsel
fails
to maintain the standards for the conduct of the system
established by the rules of the Ohio public defender commission
pursuant to divisions (B) and (C) of section 120.03 of the
Revised
Code or the standards established by the state public
defender
pursuant to division (B)(7) of section 120.04
of the Revised Code,
the commission shall notify the board of county
commissioners of
the county
that the county system for paying appointed counsel has
failed to
comply with its rules. Unless the board corrects the
conduct of
its appointed counsel system to comply with the rules
within
ninety days after the date of the notice, the state public
defender may deny
all or part of the county's
reimbursement from
the state provided for in this section.
Sec. 2945.17.
(A) At any trial, in any court, for the
violation
of any statute of
this state, or of any ordinance of any
municipal
corporation, or any resolution of any township,
except
as provided in divisions (B) and (C) of this section,
the
accused
has the
right to be tried by a
jury.
(B) The right to be tried by a jury that is granted under
division (A) of this section does not apply to a violation of a
statute or, ordinance, or resolution that is any of the following:
(1) A violation that is a minor misdemeanor;
(2) A violation for which the potential penalty does not
include the possibility of a prison term or jail term and for
which the possible fine does not exceed one thousand dollars.
(C) Division (A) of this section does
not apply to, and there
is no right to a
jury trial for, a person
who is the subject of a
complaint filed
under section 2151.27 of
the Revised Code against
both a child and
the parent, guardian, or
other person having care
of the child.
Sec. 2947.23.
(A)(1) In all criminal cases, including
violations of ordinances or resolutions, the
judge or magistrate
shall include in
the sentence the costs of prosecution and
render
a judgment
against the defendant for such costs.
At the time the
judge or
magistrate imposes sentence, the judge or magistrate
shall notify
the defendant of both of the following:
(a) If the defendant fails to pay that judgment
or
fails to
timely make payments towards that judgment under a
payment
schedule approved by the court, the court may order the
defendant
to perform community service in an amount of not more
than forty
hours per month until the judgment is paid or until the
court is
satisfied that the defendant is in compliance with the
approved
payment schedule.
(b) If the court orders the defendant to perform the
community service, the defendant will receive credit upon the
judgment at the specified hourly credit rate per hour of community
service performed, and each hour of community service performed
will reduce the judgment by that amount.
(2) The following shall apply in all criminal cases:
(a) If a jury has been
sworn at
the trial of a case, the fees
of
the jurors shall be included in
the
costs, which shall be paid
to
the public treasury from which
the jurors were
paid.
(b) If a jury has not been sworn at the trial of a case
because of a defendant's failure to appear without good cause, the
costs incurred in summoning jurors for that particular trial may
be included in the costs of prosecution. If the costs incurred in
summoning jurors are assessed against the defendant, those costs
shall be paid to the public treasury from which the jurors were
paid.
(B) If a judge or magistrate has reason to believe that a
defendant has failed to pay the judgment described in
division (A)
of this section or has failed to timely make payments
towards that
judgment under a payment schedule approved by the
judge or
magistrate, the judge or magistrate shall hold a hearing to
determine whether to order the offender to perform community
service for that failure. The judge or magistrate shall notify
both the defendant and the prosecuting attorney of the place,
time, and date of the hearing and shall give each an opportunity
to present evidence. If, after the hearing, the judge or
magistrate determines that the defendant has failed to pay the
judgment or to timely make payments under the payment schedule and
that imposition of community service for the
failure is
appropriate, the judge or magistrate may order the
offender to
perform community
service in an amount of not more
than forty
hours per month until
the judgment is paid or until the
judge or
magistrate is satisfied that the
offender is in
compliance with
the approved payment schedule.
If the judge or magistrate orders
the defendant to perform community service under this division,
the defendant shall receive credit upon the judgment at the
specified hourly credit rate per hour of community service
performed, and each hour of community service performed shall
reduce the judgment by that amount. Except for the credit and
reduction provided in this division, ordering an
offender to
perform community service under this
division does not
lessen the
amount of the judgment and does not
preclude the state
from taking
any other action to execute the
judgment.
(C) As used in this section, "specified hourly credit rate"
means the wage rate that is specified in 26 U.S.C.A. 206(a)(1)
under the federal Fair Labor Standards Act of 1938, that then is
in effect, and that an employer subject to that provision must pay
per hour to each of the employer's employees who is subject to
that provision.
Sec. 2949.02. (A) If a person is convicted of any
bailable
offense, including, but not limited to, a violation of
an
ordinance of a municipal corporation or resolution of a township,
in a municipal or county
court or in a court of common pleas and
if the person gives to
the trial judge or magistrate a written
notice of the person's intention
to file or apply for leave to
file an appeal to the court of
appeals, the trial judge or
magistrate may suspend, subject to
division (A)(2)(b) of section
2953.09 of the Revised Code,
execution of the sentence or judgment
imposed for any fixed time
that will give the person time either
to prepare and file, or to
apply for leave to file, the appeal. In
all bailable cases,
except as provided in division (B) of this
section, the trial
judge or magistrate may release the person on
bail in accordance
with Criminal Rule 46, and the bail shall at
least be conditioned
that the person will appeal without delay and
abide by the
judgment and sentence of the court.
(B) Notwithstanding any provision of Criminal Rule 46 to
the
contrary, a trial judge of a court of common pleas shall not
release on bail pursuant to division (A) of this section a person
who is convicted of a bailable offense if the person is sentenced
to
imprisonment for life or if that offense is a violation of
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2905.01,
2905.02, 2905.11, 2907.02, 2909.02, 2911.01, 2911.02, or
2911.11
of the Revised Code or is felonious sexual penetration in
violation
of former section 2907.12 of the Revised Code.
(C) If a trial judge of a court of common pleas is
prohibited
by division (B) of this section from releasing on bail
pursuant to
division (A) of this section a person who is
convicted of a
bailable offense and not sentenced to imprisonment
for life, the
appropriate court of appeals or two judges of it,
upon motion of
such a person and for good cause shown, may
release the person on
bail in accordance with Appellate Rule 8
and Criminal Rule 46, and
the bail shall at least be conditioned
as described in division
(A) of this section.
Sec. 2950.01. As used in this chapter, unless the context
clearly requires otherwise:
(A) "Sexually oriented offense" means any of the following
violations or offenses committed by a person, regardless of the
person's age:
(1) A violation of section 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.21, 2907.32, 2907.321, 2907.322,
or 2907.323 of the Revised Code;
(2) A violation of section 2907.04 of the Revised Code when
the offender is less than four years older than the other person
with whom the offender engaged in sexual conduct, the other person
did not consent to the sexual conduct, and the offender previously
has not been convicted of or pleaded guilty to a violation of
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a
violation of former section 2907.12 of the Revised Code;
(3) A violation of section 2907.04 of the Revised Code when
the offender is at least four years older than the other person
with whom the offender engaged in sexual conduct or when the
offender is less than four years older than the other person with
whom the offender engaged in sexual conduct and the offender
previously has been convicted of or pleaded guilty to a violation
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a
violation of former section 2907.12 of the Revised Code;
(4) A violation of section 2903.01, 2903.02, or 2903.11 of
the Revised Code when the violation was committed with a sexual
motivation;
(5) A violation of division (A) of section 2903.04 of the
Revised Code when the offender committed or attempted to commit
the felony that is the basis of the violation with a sexual
motivation;
(6) A violation of division (A)(3) of section 2903.211 of the
Revised Code;
(7) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01 of the Revised Code when the offense is committed
with a sexual motivation;
(8) A violation of division (A)(4) of section 2905.01 of the
Revised Code;
(9) A violation of division (B) of section 2905.01 of the
Revised Code when the victim of the offense is under eighteen
years of age and the offender is not a parent of the victim of the
offense;
(10) A violation of division (B) of section 2905.02, of
division (B) of section 2905.03, of division (B) of section
2905.05, or of division (B)(5) of section 2919.22 of the Revised
Code;
(11) A violation of any former law of this state, any
existing or former municipal ordinance, township resolution, or
law of another state or
the United States, any existing or former
law applicable in a
military court or in an Indian tribal court,
or any existing or
former law of any nation other than the United
States that is or
was substantially equivalent to any offense
listed in division
(A)(1), (2), (3), (4), (5), (6), (7), (8),
(9), or (10) of this
section;
(12) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (A)(1),
(2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of this
section.
(B)(1) "Sex offender" means, subject to division (B)(2) of
this section, a person who is convicted of, pleads guilty to, has
been convicted of, has pleaded guilty to, is adjudicated a
delinquent child for committing, or has been adjudicated a
delinquent child for committing any sexually oriented offense.
(2) "Sex offender" does not include a person who is convicted
of, pleads guilty to, has been convicted of, has pleaded guilty
to, is adjudicated a delinquent child for committing, or has been
adjudicated a delinquent child for committing a sexually oriented
offense if the offense involves consensual sexual conduct or
consensual sexual contact and either of the following applies:
(a) The victim of the sexually oriented offense was eighteen
years of age or older and at the time of the sexually oriented
offense was not under the custodial authority of the person who is
convicted of, pleads guilty to, has been convicted of, has pleaded
guilty to, is adjudicated a delinquent child for committing, or
has been adjudicated a delinquent child for committing the
sexually oriented offense.
(b) The victim of the offense was thirteen years of age or
older, and the person who is convicted of, pleads guilty to, has
been convicted of, has pleaded guilty to, is adjudicated a
delinquent child for committing, or has been adjudicated a
delinquent child for committing the sexually oriented offense is
not more than four years older than the victim.
(C) "Child-victim oriented offense" means any of the
following violations or offenses committed by a person, regardless
of the person's age, when the victim is under eighteen years of
age and is not a child of the person who commits the violation:
(1) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01 of the Revised Code when the violation is not
included in division (A)(7) of this section;
(2) A violation of division (A) of section 2905.02, division
(A) of section 2905.03, or division (A) of section 2905.05 of the
Revised Code;
(3) A violation of any former law of this state, any existing
or former municipal ordinance, township resolution, or law of
another state or the
United States, any existing or former law
applicable in a military
court or in an Indian tribal court, or
any existing or former law
of any nation other than the United
States that is or was
substantially equivalent to any offense
listed in division (C)(1)
or (2) of this section;
(4) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (C)(1),
(2), or (3) of this section.
(D) "Child-victim offender" means a person who is convicted
of, pleads guilty to, has been convicted of, has pleaded guilty
to, is adjudicated a delinquent child for committing, or has been
adjudicated a delinquent child for committing any child-victim
oriented offense.
(E) "Tier I sex offender/child-victim offender" means any of
the following:
(1) A sex offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any of the following
sexually oriented offenses:
(a) A violation of section 2907.06, 2907.07, 2907.08, or
2907.32 of the Revised Code;
(b) A violation of section 2907.04 of the Revised Code when
the offender is less than four years older than the other person
with whom the offender engaged in sexual conduct, the other person
did not consent to the sexual conduct, and the offender previously
has not been convicted of or pleaded guilty to a violation of
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a
violation of former section 2907.12 of the Revised Code;
(c) A violation of division (A)(1), (2), (3), or (5) of
section 2907.05 of the Revised Code;
(d) A violation of division (A)(3) of section 2907.323 of the
Revised Code;
(e) A violation of division (A)(3) of section 2903.211, of
division (B) of section 2905.03, or of division (B) of section
2905.05 of the Revised Code;
(f) A violation of any former law of this state, any existing
or former municipal ordinance, township resolution, or law of
another state or the
United States, any existing or former law
applicable in a military
court or in an Indian tribal court, or
any existing or former law
of any nation other than the United
States, that is or was
substantially equivalent to any offense
listed in division
(E)(1)(a), (b), (c), (d), or (e) of this
section;
(g) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (E)(1)(a),
(b), (c), (d), (e), or (f) of this section.
(2) A child-victim offender who is convicted of, pleads
guilty to, has been convicted of, or has pleaded guilty to a
child-victim oriented offense and who is not within either
category of child-victim offender described in division (F)(2) or
(G)(2) of this section.
(3) A sex offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for
committing any sexually oriented offense and who a juvenile court,
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the
Revised Code, classifies a tier I sex offender/child-victim
offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent
child for committing or has been adjudicated a delinquent child
for committing any child-victim oriented offense and who a
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies a tier I sex
offender/child-victim offender relative to the offense.
(F) "Tier II sex offender/child-victim offender" means any of
the following:
(1) A sex offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any of the following
sexually oriented offenses:
(a) A violation of section 2907.21, 2907.321, or 2907.322 of
the Revised Code;
(b) A violation of section 2907.04 of the Revised Code when
the offender is at least four years older than the other person
with whom the offender engaged in sexual conduct, or when the
offender is less than four years older than the other person with
whom the offender engaged in sexual conduct and the offender
previously has been convicted of or pleaded guilty to a violation
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or
former section 2907.12 of the Revised Code;
(c) A violation of division (A)(4) of section 2907.05 or of
division (A)(1) or (2) of section 2907.323 of the Revised Code;
(d) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01 of the Revised Code when the offense is committed
with a sexual motivation;
(e) A violation of division (A)(4) of section 2905.01 of the
Revised Code when the victim of the offense is eighteen years of
age or older;
(f) A violation of division (B) of section 2905.02 or of
division (B)(5) of section 2919.22 of the Revised Code;
(g) A violation of any former law of this state, any existing
or former municipal ordinance, township resolution, or law of
another state or the
United States, any existing or former law
applicable in a military
court or in an Indian tribal court, or
any existing or former law
of any nation other than the United
States that is or was
substantially equivalent to any offense
listed in division
(F)(1)(a), (b), (c), (d), (e), or (f) of this
section;
(h) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (F)(1)(a),
(b), (c), (d), (e), (f), or (g) of this section;
(i) Any sexually oriented offense that is committed after the
sex offender previously has been convicted of, pleaded guilty to,
or has been adjudicated a delinquent child for committing any
sexually oriented offense or child-victim oriented offense for
which the offender was classified a tier I sex
offender/child-victim offender.
(2) A child-victim offender who is convicted of, pleads
guilty to, has been convicted of, or has pleaded guilty to any
child-victim oriented offense when the child-victim oriented
offense is committed after the child-victim offender previously
has been convicted of, pleaded guilty to, or been adjudicated a
delinquent child for committing any sexually oriented offense or
child-victim oriented offense for which the offender was
classified a tier I sex offender/child-victim offender.
(3) A sex offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for
committing any sexually oriented offense and who a juvenile court,
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the
Revised Code, classifies a tier II sex offender/child-victim
offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent
child for committing or has been adjudicated a delinquent child
for committing any child-victim oriented offense and whom a
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies a tier II sex
offender/child-victim offender relative to the current offense.
(5) A sex offender or child-victim offender who is not in any
category of tier II sex offender/child-victim offender set forth
in division (F)(1), (2), (3), or (4) of this section, who prior to
January 1, 2008, was adjudicated a delinquent child for committing
a sexually oriented offense or child-victim oriented offense, and
who prior to that date was determined to be a habitual sex
offender or determined to be a habitual child-victim offender,
unless either of the following applies:
(a) The sex offender or child-victim offender is reclassified
pursuant to section 2950.031 or 2950.032 of the Revised Code as a
tier I sex offender/child-victim offender or a tier III sex
offender/child-victim offender relative to the offense.
(b) A juvenile court, pursuant to section 2152.82, 2152.83,
2152.84, or 2152.85 of the Revised Code, classifies the child a
tier I sex offender/child-victim offender or a tier III sex
offender/child-victim offender relative to the offense.
(G) "Tier III sex offender/child-victim offender" means any
of the following:
(1) A sex offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any of the following
sexually oriented offenses:
(a) A violation of section 2907.02 or 2907.03 of the Revised
Code;
(b) A violation of division (B) of section 2907.05 of the
Revised Code;
(c) A violation of section 2903.01, 2903.02, or 2903.11 of
the Revised Code when the violation was committed with a sexual
motivation;
(d) A violation of division (A) of section 2903.04 of the
Revised Code when the offender committed or attempted to commit
the felony that is the basis of the violation with a sexual
motivation;
(e) A violation of division (A)(4) of section 2905.01 of the
Revised Code when the victim of the offense is under eighteen
years of age;
(f) A violation of division (B) of section 2905.01 of the
Revised Code when the victim of the offense is under eighteen
years of age and the offender is not a parent of the victim of the
offense;
(g) A violation of any former law of this state, any existing
or former municipal ordinance, township resolution, or law of
another state or the
United States, any existing or former law
applicable in a military
court or in an Indian tribal court, or
any existing or former law
of any nation other than the United
States that is or was
substantially equivalent to any offense
listed in division
(G)(1)(a), (b), (c), (d), (e), or (f) of this
section;
(h) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (G)(1)(a),
(b), (c), (d), (e), (f), or (g) of this section;
(i) Any sexually oriented offense that is committed after the
sex offender previously has been convicted of, pleaded guilty to,
or been adjudicated a delinquent child for committing any sexually
oriented offense or child-victim oriented offense for which the
offender was classified a tier II sex offender/child-victim
offender or a tier III sex offender/child-victim offender.
(2) A child-victim offender who is convicted of, pleads
guilty to, has been convicted of, or has pleaded guilty to any
child-victim oriented offense when the child-victim oriented
offense is committed after the child-victim offender previously
has been convicted of, pleaded guilty to, or been adjudicated a
delinquent child for committing any sexually oriented offense or
child-victim oriented offense for which the offender was
classified a tier II sex offender/child-victim offender or a tier
III sex offender/child-victim offender.
(3) A sex offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for
committing any sexually oriented offense and who a juvenile court,
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the
Revised Code, classifies a tier III sex offender/child-victim
offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent
child for committing or has been adjudicated a delinquent child
for committing any child-victim oriented offense and whom a
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies a tier III sex
offender/child-victim offender relative to the current offense.
(5) A sex offender or child-victim offender who is not in
any category of tier III sex offender/child-victim offender set
forth in division (G)(1), (2), (3), or (4) of this section, who
prior to January 1, 2008, was convicted of or pleaded guilty to a
sexually oriented offense or child-victim oriented offense or was
adjudicated a delinquent child for committing a sexually oriented
offense or child-victim oriented offense and classified a juvenile
offender registrant, and who prior to that date was adjudicated a
sexual predator or adjudicated a child-victim predator, unless
either of the following applies:
(a) The sex offender or child-victim offender is reclassified
pursuant to section 2950.031 or 2950.032 of the Revised Code as a
tier I sex offender/child-victim offender or a tier II sex
offender/child-victim offender relative to the offense.
(b) The sex offender or child-victim offender is a delinquent
child, and a juvenile court, pursuant to section 2152.82, 2152.83,
2152.84, or 2152.85 of the Revised Code, classifies the child a
tier I sex offender/child-victim offender or a tier II sex
offender/child-victim offender relative to the offense.
(6) A sex offender who is convicted of, pleads guilty to, was
convicted of, or pleaded guilty to a sexually oriented offense, if
the sexually oriented offense and the circumstances in which it
was committed are such that division (F) of section 2971.03 of the
Revised Code automatically classifies the offender as a tier III
sex offender/child-victim offender;
(7) A sex offender or child-victim offender who is convicted
of, pleads guilty to, was convicted of, pleaded guilty to, is
adjudicated a delinquent child for committing, or was adjudicated
a delinquent child for committing a sexually oriented offense or
child-victim offense in another state, in a federal court,
military court, or Indian tribal court, or in a court in any
nation other than the United States if both of the following
apply:
(a) Under the law of the jurisdiction in which the offender
was convicted or pleaded guilty or the delinquent child was
adjudicated, the offender or delinquent child is in a category
substantially equivalent to a category of tier III sex
offender/child-victim offender described in division (G)(1), (2),
(3), (4), (5), or (6) of this section.
(b) Subsequent to the conviction, plea of guilty, or
adjudication in the other jurisdiction, the offender or delinquent
child resides, has temporary domicile, attends school or an
institution of higher education, is employed, or intends to reside
in this state in any manner and for any period of time that
subjects the offender or delinquent child to a duty to register or
provide notice of intent to reside under section 2950.04 or
2950.041 of the Revised Code.
(H) "Confinement" includes, but is not limited to, a
community residential sanction imposed pursuant to section 2929.16
or 2929.26
of the Revised Code.
(I) "Prosecutor" has the same meaning as in section
2935.01
of the Revised Code.
(J) "Supervised release" means a release
of an offender
from
a prison term,
a term of imprisonment, or another type of
confinement that
satisfies either of the following conditions:
(1) The release is on parole, a conditional pardon,
under a
community control sanction, under transitional
control, or under a
post-release
control sanction, and it requires
the person to
report to or be
supervised by a parole officer,
probation officer,
field officer,
or another type of supervising
officer.
(2) The release is any type of release that is not described
in division (J)(1) of this section and that requires the person
to
report to or be supervised by a probation officer, a parole
officer, a field officer, or another type of supervising officer.
(K) "Sexually violent predator specification," "sexually
violent predator," "sexually
violent offense," "sexual motivation
specification," "designated homicide, assault, or kidnapping
offense," and "violent sex offense" have the same meanings as in
section 2971.01 of
the Revised Code.
(L) "Post-release control sanction" and "transitional
control" have the same meanings as in section 2967.01 of the
Revised Code.
(M) "Juvenile offender registrant" means a person who is
adjudicated a delinquent child for committing on or after
January
1, 2002, a sexually
oriented offense or a child-victim
oriented
offense, who
is fourteen years of age
or older at the
time of
committing the
offense, and who a juvenile
court judge,
pursuant
to an order
issued under section 2152.82,
2152.83,
2152.84,
2152.85, or 2152.86 of the
Revised Code, classifies
a
juvenile
offender registrant and
specifies has a duty to
comply
with
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the
Revised
Code. "Juvenile
offender registrant" includes a person who prior
to January 1,
2008, was a "juvenile offender registrant" under
the definition of
the term in existence prior to January 1, 2008,
and a person who
prior to July 31, 2003, was a "juvenile sex
offender registrant"
under the former definition of that former
term.
(N) "Public registry-qualified juvenile offender
registrant"
means a person who is adjudicated a delinquent child
and on whom
a juvenile
court has imposed a serious youthful
offender
dispositional
sentence under section 2152.13 of the
Revised Code
before, on, or after January 1, 2008, and to whom all
of the
following apply:
(1) The person is adjudicated a delinquent child for
committing, attempting to commit, conspiring to commit, or
complicity in committing one of the following acts:
(a) A violation of section 2907.02 of the Revised Code,
division (B) of section 2907.05 of the Revised Code, or section
2907.03 of the Revised Code if the victim of the violation was
less than twelve years of age;
(b) A violation of section 2903.01, 2903.02, or 2905.01 of
the Revised Code that was committed with a purpose to gratify the
sexual needs or desires of the child.
(2) The person was fourteen, fifteen, sixteen, or seventeen
years of age at the time of committing the act.
(3) A juvenile court judge, pursuant to an order issued under
section 2152.86 of the Revised Code, classifies the person a
juvenile offender registrant, specifies the person has a duty to
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised
Code, and classifies the person a public registry-qualified
juvenile offender registrant, and the classification of the person
as a public registry-qualified juvenile offender registrant has
not been terminated pursuant to division (D) of section 2152.86 of
the Revised Code.
(O) "Secure facility" means any facility that is designed
and
operated to ensure that all of its entrances and exits are
locked
and under the exclusive control of its staff and to ensure
that,
because of that exclusive control, no person who is
institutionalized or confined in the facility may leave the
facility without permission or supervision.
(P) "Out-of-state juvenile offender registrant" means a
person who is adjudicated a delinquent child in a court in another
state, in a federal court,
military court, or Indian tribal court,
or in a court in any nation other than the United States for
committing a sexually oriented offense or a child-victim
oriented
offense, who on or after
January 1,
2002, moves to and
resides in
this
state or temporarily is
domiciled in this state
for more than
five days, and who has a duty under
section 2950.04
or 2950.041
of the
Revised Code to register in this
state and the
duty to
otherwise comply with that applicable section and sections
2950.05 and 2950.06 of the Revised Code. "Out-of-state juvenile
offender registrant"
includes a person who prior to January 1,
2008, was an
"out-of-state juvenile offender registrant" under
the definition
of the term in existence prior to January 1, 2008,
and a person
who prior to July 31, 2003, was an "out-of-state
juvenile sex
offender registrant" under the former definition of
that former
term.
(Q) "Juvenile court judge" includes a magistrate to whom
the
juvenile court judge confers duties pursuant to division
(A)(15)
of section 2151.23 of the Revised Code.
(R) "Adjudicated a delinquent child for committing a
sexually
oriented offense" includes a child who receives a serious
youthful
offender dispositional sentence under section 2152.13 of
the
Revised Code for committing a sexually oriented offense.
(S)
"School" and "school premises" have the same meanings
as
in section 2925.01 of the Revised Code.
(T) "Residential premises" means the building in which a
residential unit is located and the grounds upon which that
building stands, extending to the perimeter of the property.
"Residential premises" includes any type of structure in which a
residential unit is located, including, but not limited to,
multi-unit buildings and mobile and manufactured homes.
(U) "Residential unit" means a dwelling unit for
residential
use and occupancy, and includes the structure or part
of a
structure that is used as a home, residence, or sleeping
place by
one person who maintains a household or two or more
persons who
maintain a common household. "Residential unit" does
not include
a halfway house or a community-based correctional
facility.
(V) "Multi-unit building" means a building in which is
located more than twelve residential units that have entry doors
that open directly into the unit from a hallway that is shared
with one or more other units. A residential unit is not considered
located in a multi-unit building if the unit does not have an
entry door that opens directly into the unit from a hallway that
is shared with one or more other units or if the unit is in a
building that is not a multi-unit building as described in this
division.
(W) "Community control sanction" has the same meaning as
in
section 2929.01 of the Revised Code.
(X) "Halfway house" and "community-based correctional
facility" have the same meanings as in section 2929.01 of the
Revised Code.
Sec. 2951.041. (A)(1) If an offender is charged with a
criminal
offense and the court
has reason to believe that drug or
alcohol usage by the offender
was a factor leading to the
offender's criminal behavior, the
court may accept, prior to the
entry of a guilty plea, the
offender's request for intervention in
lieu of conviction.
The request shall include a waiver
of the
defendant's right to a speedy trial, the preliminary
hearing, the
time period within which the grand jury may
consider an indictment
against the offender, and arraignment,
unless the hearing,
indictment, or arraignment has already
occurred.
The
court may
reject an offender's request without a hearing. If
the court
elects to consider an offender's request, the court
shall conduct
a hearing to determine whether the offender is
eligible under this
section for intervention in lieu of
conviction and shall stay all
criminal proceedings pending the
outcome of the hearing. If the
court schedules a hearing, the
court shall order an assessment of
the offender for the purpose
of determining the offender's
eligibility for intervention in
lieu of conviction and
recommending an appropriate intervention
plan.
(2) The victim notification provisions of division
(C) of
section 2930.08 of the
Revised Code apply in relation to any
hearing held under division
(A)(1) of this section.
(B) An offender is
eligible for intervention in lieu of
conviction if the court
finds all of the following:
(1) The offender previously has not been convicted of or
pleaded guilty to a felony, previously has not been through
intervention in lieu of conviction under this section or any
similar regimen, and is charged with a felony for which the
court,
upon conviction, would impose sentence under division
(B)(2)(b)
of
section 2929.13 of the
Revised Code or with a
misdemeanor.
(2) The offense is not a felony of the first, second, or
third
degree, is not an offense of violence, is not a violation of
division (A)(1)
or (2) of section 2903.06 of the Revised Code, is
not a
violation of division (A)(1) of section 2903.08 of the
Revised Code, is not a
violation of division (A) of
section
4511.19 of the Revised Code or a municipal ordinance or township
resolution
that is
substantially similar to that division, and is
not an
offense for
which a sentencing court is required to impose
a
mandatory prison
term, a mandatory term of local incarceration,
or a mandatory term
of imprisonment in a jail.
(3) The offender is not charged with a violation of
section
2925.02, 2925.03, 2925.04,
or 2925.06
of the Revised
Code and is
not charged with a violation of section 2925.11 of the
Revised
Code that is a felony of the
first, second, or third
degree.
(4) The offender is not charged with a violation of
section
2925.11 of the Revised Code that is a felony of the
fourth
degree,
or the offender is charged with a violation of
that
section that
is a felony of the fourth degree and the
prosecutor
in the case
has recommended that the offender be
classified as
being eligible
for intervention in lieu of
conviction under this
section.
(5) The offender has been assessed by an appropriately
licensed provider, certified facility, or licensed and
credentialed professional, including, but not limited to, a
program licensed by the department of alcohol and drug addiction
services pursuant to section 3793.11 of the
Revised Code, a
program certified by
that department pursuant to section 3793.06
of the
Revised Code, a public or private
hospital, the United
States department of veterans
affairs, another appropriate agency
of the government of the
United States, or a licensed
physician,
psychiatrist, psychologist, independent social
worker,
professional counselor, or chemical dependency
counselor for the
purpose of determining the offender's eligibility for
intervention
in lieu of conviction and recommending an appropriate
intervention
plan.
(6) The offender's drug or alcohol usage was a factor
leading
to the criminal offense with which the offender is
charged,
intervention in lieu of conviction would not demean the
seriousness of the offense, and intervention would substantially
reduce the likelihood of any future criminal activity.
(7) The alleged victim of the offense was not sixty-five
years of age
or older, permanently and totally disabled, under
thirteen years of age,
or a peace officer engaged in the officer's
official duties at the time of the
alleged offense.
(8) If the offender is charged with a violation of section
2925.24 of the
Revised Code, the alleged violation did not result
in physical harm to any
person, and the offender previously has
not been treated for drug abuse.
(9) The offender is willing to comply with all terms and
conditions imposed by the court pursuant to division
(D) of this
section.
(C) At the conclusion of
a hearing held pursuant to
division
(A) of this section, the court
shall enter its
determination as to
whether the offender is
eligible for
intervention in lieu of
conviction and as to
whether to grant the
offender's request. If
the court finds
under division (B) of
this section that the
offender is eligible for
intervention in lieu of conviction and
grants the
offender's
request,
the court shall accept the
offender's plea of guilty and
waiver
of the defendant's right to a
speedy trial, the preliminary
hearing, the time period within
which the grand jury may
consider
an indictment against the
offender, and arraignment,
unless the
hearing, indictment, or
arraignment has already
occurred. In
addition, the court then may
stay all criminal
proceedings and
order the offender to comply
with all terms and
conditions imposed
by the court pursuant to
division
(D) of this section. If the
court finds that the
offender
is not eligible or does not grant
the offender's request,
the
criminal proceedings against the
offender shall proceed as if
the
offender's request for
intervention in lieu of conviction had
not
been made.
(D) If the court grants
an offender's request for
intervention in lieu of conviction,
the court shall place the
offender under the general control and
supervision of the county
probation department, the adult parole
authority, or another
appropriate local probation or court
services agency, if one
exists, as if the offender was subject
to a community control
sanction imposed under section 2929.15,
2929.18, or 2929.25 of
the
Revised
Code. The court shall establish an
intervention plan for
the
offender. The terms and conditions of
the intervention plan
shall
require the offender, for at least
one
year from the date on
which
the court grants the order of
intervention in lieu of
conviction,
to abstain from the use of
illegal drugs and alcohol
and to submit
to regular random
testing
for drug and alcohol use
and may include
any other
treatment terms
and conditions, or terms
and conditions
similar
to community
control sanctions, that are
ordered by the
court.
(E) If the court grants
an offender's request for
intervention in lieu of conviction and
the court finds that the
offender has successfully completed the
intervention plan for the
offender, including the requirement
that the offender abstain from
using drugs and alcohol for a
period of at least one year from the
date on which the court
granted the order of intervention in lieu
of conviction and all
other terms and conditions ordered by the
court, the court shall
dismiss the proceedings against the
offender. Successful
completion of the intervention plan and
period of abstinence
under this section shall be without
adjudication of guilt and is
not a criminal conviction for
purposes of any disqualification
or disability imposed by law and
upon conviction of a crime, and
the court may order the sealing of
records related to the
offense in question in the manner provided
in sections 2953.31
to 2953.36 of the Revised
Code.
(F) If the court grants
an offender's request for
intervention in lieu of conviction and
the offender fails to
comply with any term or condition imposed
as part of the
intervention plan for the offender, the
supervising authority for
the offender promptly shall advise the
court of this failure, and
the court shall hold a hearing to determine whether
the offender
failed to comply with any term or condition imposed
as part of the
plan. If the court determines that the offender
has failed to
comply with any of those terms and conditions, it
shall enter a
finding of guilty and shall impose an appropriate
sanction under
Chapter 2929.
of the
Revised Code.
(G) As used in this
section:
(1) "Community control sanction" has the same meaning as
in
section 2929.01 of the
Revised Code.
(2) "Intervention in lieu of conviction" means any
court-supervised activity that complies with this
section.
(3) "Peace officer" has the same meaning as in section
2935.01 of the
Revised Code.
Sec. 2953.02. In a capital case in which a sentence of death
is imposed
for an offense committed before January 1, 1995, and in
any other
criminal case, including a conviction
for the violation
of an ordinance of a municipal corporation or a resolution of a
township, the
judgment or final order of a court of record
inferior to the
court of appeals may be reviewed in the court of
appeals. A
final order of an administrative officer or agency may
be
reviewed in the court of common pleas. A judgment or final
order
of the court of appeals involving a question arising under
the
Constitution of the United States or of this state may be
appealed to the supreme court as a matter of right. This right
of
appeal from judgments and final orders of the court of appeals
shall extend to cases in which a sentence of death is imposed for
an
offense committed before January 1, 1995, and in which the
death
penalty has been
affirmed, felony cases in which the supreme
court has directed
the court of appeals to certify its record, and
in all other
criminal cases of public or general interest wherein
the supreme
court has granted a motion to certify the record of
the court of
appeals. In a capital case in which a sentence of
death is imposed for an
offense committed on or after January 1,
1995, the judgment or final
order may be appealed from the trial
court directly to the supreme court as a
matter of right. The
supreme court in criminal cases shall not be
required to determine
as to the weight of the evidence, except that, in
cases in which a
sentence of death is imposed for an offense committed on or
after
January 1, 1995, and in which the question of the weight of the
evidence to support the judgment has been raised on appeal, the
supreme court
shall determine as to the weight of the evidence to
support the judgment and
shall determine as to the weight of the
evidence to support the sentence of
death as provided in section
2929.05 of the Revised Code.
Sec. 2953.03. (A) If a motion for a new trial is filed
pursuant to Criminal Rule 33 by a defendant who is convicted of a
misdemeanor under the Revised Code or an ordinance of a municipal
corporation or resolution of a township, and if that defendant was
on bail at the time of the
conviction of that offense, the trial
judge or magistrate shall
suspend execution of the sentence or
judgment imposed pending the
determination on the motion for a new
trial and shall determine
the amount and nature of any bail that
is required of the
defendant in accordance with Criminal Rule 46.
(B) If a notice of appeal is filed pursuant to the Rules
of
Appellate Procedure or Chapter 1905. of the Revised Code by a
defendant who is convicted in a municipal, county, or mayor's
community
court or a court of common pleas of a misdemeanor under
the
Revised Code or, an ordinance of a municipal corporation, or a
resolution of a township, if
that
defendant was on bail at the
time of the conviction of that
offense, and if execution of the
sentence or judgment imposed is
suspended, the trial court or
magistrate or the court in which
the
appeal is being prosecuted
shall determine the amount and
nature
of any bail that is
required of the defendant as follows:
(1) In the case of an appeal to a court of appeals by a
defendant who is convicted in a municipal or county court or a
court of common pleas, in accordance with Appellate Rule 8 and
Criminal Rule 46;
(2) In the case of an appeal to a municipal or county
court
by a defendant who is convicted in a mayor's court, in
accordance
with Criminal Rule 46.
Sec. 2953.07. (A) Upon the hearing of an appeal other than
an appeal
from a mayor's court, the appellate court may affirm the
judgment or reverse it, in whole or in part, or modify it, and
order the accused to be discharged or grant a new trial. The
appellate court may remand the accused for the sole purpose of
correcting a sentence imposed contrary to law, provided that, on
an appeal of
a sentence imposed upon a person who is convicted of
or pleads guilty to a
felony that is brought under section 2953.08
of the Revised Code, division (G)
of that section applies to the
court. If the judgment
is reversed, the appellant shall recover
from the appellee all
court costs incurred to secure the reversal,
including the cost
of transcripts. In capital cases, when the
judgment is affirmed
and the day fixed for the execution is
passed, the appellate
court shall appoint a day for it, and the
clerk of the appellate
court shall issue a warrant under the seal
of the appellate
court, to the sheriff of the proper county, or
the warden of the
appropriate state correctional institution,
commanding
the sheriff or warden to carry the sentence into
execution on
the day so appointed. The sheriff or warden shall
execute and return the
warrant as in other cases, and the clerk
shall record the warrant and return.
(B) As used in this section, "appellate court"
means, for a
case in which a sentence of death is imposed for an
offense
committed before January 1, 1995, both the court of appeals and
the
supreme court, and for a case in which a sentence of death is
imposed for an
offense committed on or after January 1, 1995, the
supreme court.
Sec. 2953.09. (A)(1) Upon filing an appeal in the supreme
court, the execution of the sentence or judgment imposed in cases
of felony is suspended.
(2)(a) If a notice of appeal is filed pursuant to the
Rules
of Appellate Procedure by a defendant who is convicted in a
municipal or court, county court, community court, or a court of
common pleas of a felony
or misdemeanor under the Revised Code or,
an ordinance of a
municipal corporation, or a resolution of a
township, the filing of the notice of appeal does
not suspend
execution of the sentence or judgment imposed.
However, consistent
with divisions (A)(2)(b), (B), and (C) of
this section, Appellate
Rule 8, and Criminal Rule 46, the
municipal or county court, court
of common pleas, or court of
appeals may suspend execution of the
sentence or judgment imposed
during the pendency of the appeal and
shall determine whether
that defendant is entitled to bail and the
amount and nature of
any bail that is required. The bail shall at
least be
conditioned that the defendant will prosecute the appeal
without
delay and abide by the judgment and sentence of the court.
(b)(i) A court of common pleas or court of appeals may
suspend the
execution of a sentence of death imposed for an
offense committed before
January 1, 1995, only if no date for
execution has been set by the
supreme court, good cause is shown
for the suspension, the
defendant files a motion requesting the
suspension, and notice has been given
to the prosecuting attorney
of the appropriate county.
(ii) A court of common pleas may suspend the execution of a
sentence of death imposed for an offense committed on or after
January 1, 1995, only if no date for execution has been set by the
supreme court, good cause is shown, the defendant files a
motion
requesting the suspension, and notice has been given to the
prosecuting
attorney of the appropriate county.
(iii) A court of common pleas or court of appeals may suspend
the execution of the sentence or judgment imposed for
a felony in
a capital case in which a sentence of death is not
imposed only if
no date for execution of the sentence has been set by
the supreme
court, good cause is shown for the suspension, the
defendant files
a motion requesting the suspension,
and only after notice has been
given to the prosecuting
attorney of the appropriate county.
(B) Notwithstanding any provision of Criminal Rule 46 to
the
contrary, a trial judge of a court of common pleas shall not
release on bail pursuant to division (A)(2)(a) of this section a
defendant who is convicted of a bailable offense if the defendant
is
sentenced to imprisonment for life or if that offense is a
violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2905.01, 2905.02, 2905.11, 2907.02, 2909.02, 2911.01,
2911.02, or
2911.11 of the Revised Code or is felonious sexual penetration
in
violation of former section 2907.12 of the Revised Code.
(C) If a trial judge of a court of common pleas is
prohibited
by division (B) of this section from releasing on bail
pursuant to
division (A)(2)(a) of this section a defendant who is
convicted of
a bailable offense and not sentenced to imprisonment
for life, the
appropriate court of appeals or two judges of it,
upon motion of
the defendant and for good cause shown, may
release the defendant
on bail in accordance with division (A)(2)
of this section.
Sec. 2953.31. As used in sections 2953.31 to 2953.36 of
the
Revised Code:
(A) "First offender" means anyone who has been convicted
of
an offense in this state or any other jurisdiction and who
previously or subsequently has not been convicted of the same or
a
different offense in this state or any other jurisdiction. When
two or more
convictions result from or are connected with
the same
act or result from offenses committed at the same time,
they shall
be counted as one conviction. When two or three convictions
result
from the same indictment, information, or complaint, from
the
same
plea of guilty, or from the same official proceeding, and
result
from related criminal acts that were committed within a
three-month period but
do not result from the same act or from
offenses
committed at the same time, they shall be counted as one
conviction, provided
that a court may decide as provided in
division
(C)(1)(a) of section 2953.32 of the Revised Code that it
is not in the
public interest for the two or three convictions to
be counted as one
conviction.
For purposes of, and except as otherwise provided in, this
division, a conviction for a minor misdemeanor,
for
a
violation
of
any section in Chapter
4507.,
4510., 4511.,
4513., or
4549. of
the
Revised Code, or
for a violation of a
municipal
ordinance or
township resolution
that is substantially similar to any section
in those
chapters is
not a previous or subsequent conviction.
However,
a
conviction
for a violation of section 4511.19,
4511.251,
4549.02, 4549.021,
4549.03, 4549.042, or
4549.62 or
sections 4549.41 to 4549.46 of
the Revised
Code,
for a violation
of section 4510.11 or
4510.14
of the
Revised
Code that is based
upon the offender's
operation of
a
vehicle during
a suspension
imposed under section
4511.191 or
4511.196 of the
Revised Code,
for a violation of a
substantially
equivalent municipal ordinance
or township resolution,
for a felony violation of
Title
XLV of the
Revised Code,
or for a violation of a substantially
equivalent
former law of this state or
former municipal ordinance or township
resolution
shall be
considered a previous
or subsequent
conviction.
(B) "Prosecutor" means the county prosecuting attorney,
city
director of law, village solicitor, or similar chief legal
officer, who has the authority to prosecute a criminal case in
the
court in which the case is filed.
(C) "Bail forfeiture" means the forfeiture of bail by a
defendant who is arrested for the commission of a misdemeanor,
other than a defendant in a traffic case as defined in Traffic
Rule 2, if the forfeiture is pursuant to an agreement with the
court and prosecutor in the case.
(D) "Official records" has the same meaning as in division
(D) of section 2953.51 of the Revised Code.
(E) "Official proceeding" has the same meaning as in section
2921.01 of the Revised Code.
(F) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(G) "Post-release control" and "post-release control
sanction" have the same meanings as in section 2967.01 of the
Revised Code.
Sec. 2953.36. Sections 2953.31 to 2953.35 of the Revised
Code do not apply to
any of the following:
(A) Convictions when the offender is subject to a mandatory
prison term;
(B) Convictions under section 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former
section
2907.12, or Chapter 4507.,
4510., 4511., or 4549. of the
Revised
Code, or a conviction for a
violation of
a
municipal
ordinance or
township resolution
that is substantially similar to any section
contained
in
any of
those chapters;
(C) Convictions of an offense of violence when
the offense
is a
misdemeanor of the first degree or a felony and
when the
offense is not a
violation of section 2917.03 of the
Revised Code
and is not a violation of
section 2903.13,
2917.01, or
2917.31 of
the Revised Code that is a misdemeanor of the first
degree;
(D) Convictions on or after the effective date of this
amendment October 10, 2007, under section 2907.07 of the Revised
Code or a
conviction on or after the effective date of this
amendment October 10, 2007, for a
violation of a municipal
ordinance that is substantially similar
to that section;
(E) Convictions on or after the effective date of this
amendment October 10, 2007, under section 2907.08, 2907.09,
2907.21,
2907.22,
2907.23, 2907.31, 2907.311, 2907.32, or
2907.33 of the
Revised
Code when the victim of the offense was
under eighteen
years of
age;
(F) Convictions
of an offense in circumstances in which the
victim of the offense was under
eighteen years of age when the
offense is a misdemeanor of the first degree or
a felony;
(G) Convictions of a felony of the first or second
degree;
(H) Bail forfeitures in a traffic case as
defined in
Traffic
Rule 2.
Sec. 3113.31. (A) As used in this section:
(1) "Domestic violence" means the occurrence of one or
more
of the following acts against a family or household member:
(a) Attempting to cause or recklessly causing bodily
injury;
(b) Placing another person by the threat of force in fear
of
imminent serious physical harm or committing a violation of
section 2903.211 or 2911.211 of the Revised Code;
(c) Committing any act with respect to a child that would
result in the child being an abused child, as defined in section
2151.031 of the Revised Code;
(d) Committing a sexually oriented offense.
(2) "Court" means the domestic relations division of the
court of common pleas in counties that have a domestic relations
division, and the court of common pleas in counties that do not
have a domestic relations division.
(3) "Family or household member" means any of the
following:
(a) Any of the following who is residing with or has resided
with the
respondent:
(i) A spouse, a person living as a spouse, or a former
spouse
of the respondent;
(ii) A parent or a child of the respondent, or another
person
related by consanguinity or affinity to the respondent;
(iii) A parent or a child of a spouse, person living as a
spouse, or former spouse of the respondent, or another person
related by consanguinity or affinity to a spouse, person living
as
a spouse, or former spouse of the respondent.
(b) The natural parent of any child of whom the respondent
is
the other
natural parent or is the putative other natural
parent.
(4) "Person living as a spouse" means a person who is
living
or has lived with the respondent in a common law marital
relationship, who otherwise is cohabiting with the respondent,
or
who otherwise has cohabited with the respondent within
five years
prior to the date of the alleged occurrence of the act in
question.
(5) "Victim advocate" means a person who provides support
and
assistance for
a person who files a petition under this
section.
(6) "Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.
(B) The court has jurisdiction over all proceedings under
this section. The petitioner's right to relief under this
section
is not affected by the petitioner's leaving the residence or
household
to avoid further domestic violence.
(C) A person may seek relief under this section on the
person's own behalf, or any parent or adult household member
may
seek relief under this section on behalf of any other family or
household
member, by filing a petition with the court. The
petition shall contain or
state:
(1) An allegation that the respondent engaged in domestic
violence against a family or household member of the respondent,
including a description of the nature and extent of the domestic
violence;
(2) The relationship of the respondent to the petitioner,
and
to the victim if other than the petitioner;
(3) A request for relief under this section.
(D)(1) If a person who files a petition pursuant to this
section requests an ex parte order, the court shall hold an ex
parte hearing on the same day that the petition is filed. The
court, for good cause shown at the ex parte hearing, may enter
any
temporary orders, with or without bond, including, but not
limited
to, an order described in division (E)(1)(a), (b), or (c)
of this
section, that the court finds necessary to protect the
family or
household member from domestic violence. Immediate and
present
danger of domestic violence to the family or household
member
constitutes good cause for purposes of this section.
Immediate and
present danger includes, but is not limited to,
situations in
which the respondent has threatened the family or
household member
with bodily harm, in which the respondent has threatened the
family or household member with a sexually oriented offense, or in
which the respondent
previously has been
convicted of or pleaded
guilty to an
offense that constitutes
domestic violence against
the family or
household member.
(2)(a) If the court, after an ex parte hearing, issues an
order
described in division (E)(1)(b) or (c) of this section, the
court
shall schedule a full hearing for a date that is within
seven
court days after the ex parte hearing. If any other type of
protection order that is authorized under division (E) of this
section is issued by the court after an ex parte hearing, the
court shall
schedule a full hearing for a date that is within ten
court days after the ex parte hearing. The court shall give the
respondent
notice of, and an
opportunity to be heard at, the full
hearing. The court shall hold the
full hearing on the date
scheduled under this division unless the court grants
a
continuance of the hearing in accordance with this division.
Under
any of
the following circumstances or for any of the
following
reasons, the court may
grant a continuance of the full
hearing to
a reasonable time determined by the
court:
(i) Prior to the date scheduled for the full hearing under
this
division, the respondent has not been served with the
petition filed pursuant
to this section and notice of the full
hearing.
(ii) The parties consent to the continuance.
(iii) The continuance is needed to allow a party to obtain
counsel.
(iv) The continuance is needed for other good cause.
(b) An ex parte order issued under this section does not
expire
because of a failure to serve notice of the full hearing
upon the respondent
before the date set for the full hearing under
division
(D)(2)(a) of this section or because the court grants a
continuance under that division.
(3) If a person who files a petition pursuant to this
section
does not request an ex parte order, or if a person
requests an ex
parte order but the court does not issue an ex
parte order after
an ex parte hearing, the court shall proceed as
in a normal civil
action and grant a full hearing on the matter.
(E)(1) After an ex parte or full hearing, the court may
grant
any protection order, with or without bond, or approve any
consent
agreement to bring about a cessation of domestic violence
against
the family or household members. The order or agreement
may:
(a) Direct the respondent to refrain from abusing or from
committing sexually oriented offenses against the
family
or
household members;
(b) Grant possession of the residence or household to the
petitioner or other family or household member, to the exclusion
of the respondent, by evicting the respondent, when the residence
or household is owned or leased solely by the petitioner or other
family or household member, or by ordering the respondent to
vacate the premises, when the residence or household is jointly
owned or leased by the respondent, and the petitioner or other
family or household member;
(c) When the respondent has a duty to support the
petitioner
or other family or household member living in the
residence or
household and the respondent is the sole owner or
lessee of the
residence or household, grant possession of the
residence or
household to the petitioner or other family or
household member,
to the exclusion of the respondent, by ordering
the respondent to
vacate the premises, or, in the case of a
consent agreement, allow
the respondent to provide suitable,
alternative housing;
(d) Temporarily allocate parental rights and
responsibilities
for the care
of, or establish temporary
parenting
time rights with
regard to, minor children,
if no other
court has
determined, or is
determining, the allocation of
parental rights
and
responsibilities for the minor children or
parenting
time
rights;
(e) Require the respondent to maintain support, if the
respondent customarily provides for or contributes to the support
of the family or household member, or if the respondent has a
duty
to support the petitioner or family or household member;
(f) Require the respondent, petitioner, victim of domestic
violence, or any combination of those persons, to seek
counseling;
(g) Require the respondent to refrain from entering the
residence, school, business, or place of employment of the
petitioner or family or household member;
(h) Grant other relief that the court considers equitable
and
fair, including, but not limited to, ordering the respondent
to
permit the use of a motor vehicle by the petitioner or other
family or household member and the apportionment of household and
family personal property.
(2) If a protection order has been issued pursuant to this
section in a prior action involving the respondent and the
petitioner or one or more of the family or household members or
victims, the
court may include in a protection order that it
issues a
prohibition against the respondent returning to the
residence or
household. If it includes a prohibition against the
respondent
returning to the residence or household
in the order,
it also
shall include in the order provisions
of the type
described in
division
(E)(7) of this section. This
division does
not preclude
the court from including in a
protection order or
consent
agreement, in circumstances other
than those described in
this
division, a requirement that the
respondent be evicted from
or
vacate the residence or household
or refrain from entering the
residence, school, business, or
place of employment of the
petitioner or a family or household
member, and, if the court
includes any requirement of that type in an order
or agreement,
the court also shall include in the order
provisions of the type
described in division
(E)(7) of this section.
(3)(a) Any protection order issued or consent
agreement
approved under this section
shall be valid until a date certain,
but not later than
five years from the date of its issuance or
approval unless modified or terminated as provided in division
(E)(8) of this section.
(b) Subject to the limitation on the duration of an order or
agreement set
forth in division (E)(3)(a) of this section, any
order under
division (E)(1)(d) of this section shall terminate on
the date that a court in
an action for divorce,
dissolution of
marriage, or legal separation brought by the petitioner or
respondent issues an order allocating parental rights and
responsibilities for
the care of children or on the date that a
juvenile court in an action brought
by the petitioner or
respondent issues an order awarding legal custody of
minor
children. Subject to the limitation on the duration of an order
or
agreement set forth in division (E)(3)(a) of this section, any
order under
division (E)(1)(e) of this section shall terminate on
the date that a court in
an action for divorce, dissolution of
marriage, or legal separation brought by
the petitioner or
respondent issues a support order or on the date that a
juvenile
court in an action brought by the petitioner or respondent issues
a
support order.
(c) Any protection order issued or consent
agreement
approved
pursuant to this section may be renewed in the same
manner as the
original order or agreement was issued or approved.
(4) A court may not issue a protection order that requires a
petitioner to do
or to refrain from doing an act that the court
may require a respondent to do
or to refrain from doing under
division (E)(1)(a), (b), (c), (d), (e), (g), or
(h) of this
section unless all of the following apply:
(a) The respondent files a separate petition for a
protection
order in
accordance with this section.
(b) The petitioner is served notice of the respondent's
petition at least
forty-eight hours before the court holds a
hearing with respect to the
respondent's petition, or the
petitioner waives the right to receive this
notice.
(c) If the petitioner has requested an ex parte order
pursuant to division
(D) of this section, the court does not delay
any hearing required by that
division beyond the time specified in
that division in order to consolidate
the hearing with a hearing
on the petition filed by the respondent.
(d) After a full hearing at which the respondent presents
evidence in support
of the request for a protection order and the
petitioner is afforded an
opportunity to defend against that
evidence, the court determines that the
petitioner has committed
an act of domestic violence or has violated a
temporary protection
order issued pursuant to section 2919.26 of the Revised
Code, that
both the petitioner and the respondent acted primarily as
aggressors, and that neither the petitioner nor the respondent
acted primarily
in self-defense.
(5) No protection order issued or consent agreement
approved
under this section shall in any
manner affect title to any real
property.
(6)(a) If a petitioner, or the child of a petitioner, who
obtains a
protection order or consent agreement pursuant to
division (E)(1) of this
section or a temporary protection order
pursuant to section
2919.26 of the Revised Code and is the subject
of a parenting time order
issued pursuant to section 3109.051 or
3109.12 of the Revised Code or a visitation or
companionship order
issued pursuant to section 3109.051,
3109.11, or 3109.12 of the
Revised Code or division (E)(1)(d) of this section
granting
parenting time rights to
the respondent, the court
may require the
public children services agency of the county in which the
court
is located to provide supervision of the respondent's exercise of
parenting time or visitation or companionship rights with respect
to
the child for a period not
to exceed nine months, if the court
makes the following findings
of fact:
(i) The child is in danger from the respondent;
(ii) No other person or agency is available to provide the
supervision.
(b) A court that requires an agency to provide supervision
pursuant to division (E)(6)(a)
of this section shall order the
respondent to reimburse the agency for the
cost of providing the
supervision, if it determines
that the
respondent has sufficient
income or resources to pay that cost.
(7)(a) If a protection order issued or consent agreement
approved
under this section includes a requirement that the
respondent be
evicted from or vacate the residence or household or
refrain
from entering the residence, school, business, or place of
employment of the petitioner or a family or household member, the
order or agreement shall state clearly that the order or
agreement
cannot be waived or nullified by an invitation to the
respondent
from the petitioner or other family or household
member to enter
the residence, school, business, or place of
employment or by the
respondent's entry into one of those places
otherwise upon the
consent of the petitioner or other family or
household member.
(b) Division (E)(7)(a) of this section
does not limit any
discretion of a court to
determine that a respondent charged with
a violation of
section 2919.27 of the Revised Code, with a
violation of a
municipal ordinance or township resolution
substantially equivalent to
that section, or
with contempt of
court, which charge is based on
an alleged
violation of a
protection order issued or consent
agreement approved under
this
section, did not commit the
violation or was not in contempt of
court.
(8)(a) The court may modify or terminate as provided in
division (E)(8) of this section a protection order or consent
agreement that was issued after a full hearing under this section.
The court that issued the protection order or approved the consent
agreement shall hear a motion for modification or termination of
the protection order or consent agreement pursuant to division
(E)(8) of this section.
(b) Either the petitioner or the respondent of the original
protection order or consent agreement may bring a motion for
modification or termination of a protection order or consent
agreement that was issued or approved after a full hearing. The
court shall require notice of the motion to be made as provided by
the Rules of Civil Procedure. If the petitioner for the original
protection order or consent agreement has requested that the
petitioner's address be kept confidential, the court shall not
disclose the address to the respondent of the original protection
order or consent agreement or any other person, except as
otherwise required by law. The moving party has the burden of
proof to show, by a preponderance of the evidence, that
modification or termination of the protection order or consent
agreement is appropriate because either the protection order or
consent agreement is no longer needed or because the terms of the
original protection order or consent agreement are no longer
appropriate.
(c) In considering whether to modify or terminate a
protection order or consent agreement issued or approved under
this section, the court shall consider all relevant factors,
including, but not limited to, the following:
(i) Whether the petitioner consents to modification or
termination of the protection order or consent agreement;
(ii) Whether the petitioner fears the respondent;
(iii) The current nature of the relationship between the
petitioner and the respondent;
(iv) The circumstances of the petitioner and respondent,
including the relative proximity of the petitioner's and
respondent's workplaces and residences and whether the petitioner
and respondent have minor children together;
(v) Whether the respondent has complied with the terms and
conditions of the original protection order or consent agreement;
(vi) Whether the respondent has a continuing involvement with
illegal drugs or alcohol;
(vii) Whether the respondent has been convicted of or pleaded
guilty to an offense of violence since the issuance of the
protection order or approval of the consent agreement;
(viii) Whether any other protection orders, consent
agreements, restraining orders, or no contact orders have been
issued against the respondent pursuant to this section, section
2919.26 of the Revised Code, any other provision of state law, or
the law of any other state;
(ix) Whether the respondent has participated in any domestic
violence treatment, intervention program, or other counseling
addressing domestic violence and whether the respondent has
completed the treatment, program, or counseling;
(x) The time that has elapsed since the protection order was
issued or since the consent agreement was approved;
(xi) The age and health of the respondent;
(xii) When the last incident of abuse, threat of harm, or
commission of a sexually oriented offense occurred or other
relevant information concerning the safety and protection of the
petitioner or other protected parties.
(d) If a protection order or consent agreement is modified or
terminated as provided in division (E)(8) of this section, the
court shall issue copies of the modified or terminated order or
agreement as provided in division (F) of this section. A
petitioner may also provide notice of the modification or
termination to the judicial and law enforcement officials in any
county other than the county in which the order or agreement is
modified or terminated as provided in division (N) of this
section.
(e) If the respondent moves for modification or termination
of a protection order or consent agreement pursuant to this
section, the court may assess costs against the respondent for the
filing of the motion.
(F)(1) A copy of any protection order, or consent
agreement,
that is issued, approved, modified, or terminated under this
section shall be
issued by
the court to the petitioner, to the
respondent, and to
all law
enforcement agencies that have
jurisdiction to enforce
the order
or agreement. The court shall
direct that a copy of an
order be
delivered to the respondent on
the same day that the
order is
entered.
(2) All law enforcement agencies shall establish and
maintain
an index for the protection orders and the approved
consent
agreements delivered to the agencies pursuant to division
(F)(1)
of this section. With respect to each order and consent
agreement
delivered, each agency shall note on the index the
date
and time
that it received the order or consent agreement.
(3) Regardless of whether the petitioner has registered the
order or
agreement in the county in which the officer's agency has
jurisdiction
pursuant to division (N) of this section, any officer
of a law enforcement
agency shall enforce
a protection order
issued or consent agreement approved by any court in this
state in
accordance with the
provisions of the order or agreement,
including removing the
respondent from the premises, if
appropriate.
(G) Any proceeding under this section shall be conducted
in
accordance with the Rules of Civil Procedure, except that an
order
under this section may be obtained with or without bond.
An order
issued under this section, other than an ex parte order, that
grants a protection order or approves a consent agreement, that
refuses to
grant a protection order or approve a consent
agreement
that modifies or terminates a protection order or consent
agreement, or that refuses to modify or terminate a protection
order or consent agreement, is a final,
appealable order. The
remedies and
procedures provided in this
section are in
addition
to, and not in
lieu of, any other available civil or
criminal
remedies.
(H) The filing of proceedings under this section does not
excuse a person from filing any report or giving any notice
required by section 2151.421 of the Revised Code or by any other
law. When a petition under this section alleges domestic
violence
against minor children, the court shall report the fact,
or cause
reports to be made, to a county, township, or municipal
peace
officer under section 2151.421 of the Revised Code.
(I) Any law enforcement agency that investigates a
domestic
dispute shall provide information to the family or
household
members involved regarding the relief available under
this section
and section 2919.26 of the Revised Code.
(J) Notwithstanding any provision of law to the contrary
and
regardless of whether a protection order is
issued or a consent
agreement is approved by a court of another county or a court of
another state,
no
court
or unit of state or local government shall
charge
any fee, cost, deposit, or money in connection with
the
filing of a
petition pursuant
to this section
or in connection
with the
filing, issuance, registration, or service of a
protection order
or consent agreement, or for obtaining a
certified copy of a
protection order or consent agreement.
(K)(1) The court shall comply with Chapters 3119., 3121.,
3123.,
and 3125. of the Revised
Code when it makes or modifies
an
order for child support under this section.
(2) If any person required to pay child support under an
order
made under this section on or after April 15, 1985, or
modified
under this section on or after December 31, 1986, is
found in
contempt of court for failure to make support payments
under the
order, the court that makes the finding, in addition to
any other
penalty or remedy imposed, shall assess all court costs
arising
out of the contempt proceeding against the person and
require the
person to pay any reasonable attorney's fees of any
adverse
party, as determined by the court, that arose in relation
to the
act of contempt.
(L)(1) A person who violates a protection order issued or
a
consent agreement approved under this section is subject to the
following sanctions:
(a) Criminal prosecution for a violation of section
2919.27
of the Revised Code, if the violation of the protection
order or
consent agreement constitutes a violation of that
section;
(b) Punishment for contempt of court.
(2) The punishment of a person for contempt of court for
violation of a protection order issued or a consent agreement
approved under this section does not bar criminal prosecution of
the person for a violation of section 2919.27 of the Revised
Code.
However, a person punished for contempt of court is
entitled to
credit for the punishment imposed upon conviction of
a violation
of that section, and a person convicted of a
violation of that
section shall not subsequently be punished for
contempt of court
arising out of the same activity.
(M) In all stages of a proceeding under this section, a
petitioner may be
accompanied by a victim advocate.
(N)(1) A petitioner who obtains a protection order or
consent
agreement under
this section or a temporary protection
order under
section 2919.26 of the
Revised Code may provide notice
of the
issuance or approval of the order or
agreement to the
judicial and
law enforcement officials in any county other
than
the county in
which the order is issued or the agreement is
approved by
registering that order or agreement in the other
county pursuant
to division
(N)(2) of this section and filing a
copy of the
registered order or registered
agreement with a law
enforcement
agency in the other county in accordance with
that
division. A
person who obtains a protection order issued by a
court
of another
state may provide notice of the issuance of the
order to the
judicial and law enforcement officials in any county
of this state
by
registering the order in that county pursuant to
section
2919.272 of the
Revised Code and filing a copy of the
registered
order with a law enforcement
agency in that county.
(2) A petitioner may register a temporary protection order,
protection order,
or consent agreement in a county other than the
county in which
the court that issued the order or approved the
agreement is
located in the following manner:
(a) The petitioner shall obtain a certified copy of the
order
or agreement
from the clerk of the court that issued the
order or
approved the agreement
and present that certified copy to
the
clerk of the court of common pleas or
the clerk of a municipal
court or county court in the county in which the
order or
agreement
is to be registered.
(b) Upon accepting the certified copy of the order or
agreement for
registration, the clerk of the court of common
pleas, municipal court, or
county court shall place an endorsement
of registration on the order or
agreement and give the
petitioner
a copy of the order or agreement that bears that proof of
registration.
(3) The clerk of each court of common pleas, the clerk of
each municipal
court, and the clerk of each county court shall
maintain a registry of
certified copies of temporary protection
orders, protection orders, or consent agreements that have been
issued or
approved by courts in other counties and that have been
registered with the
clerk.
Sec. 3301.88. (A) A recipient of a grant under section
3301.86
of the Revised Code
may request from the bureau of
criminal identification and investigation a
criminal records check
on any
individual, other than an individual described in division
(B) of
this section, who applies to participate in providing
directly to children any
program or
service funded in whole or in
part by the grant. If a recipient
elects to request a criminal
records check, the request shall consist of a
request for the
information a
school district board of education may request under
division
(F)(2)(a) of section 109.57 of the Revised Code
and shall
be accompanied by one of the following identification options:
(1) The form and standard impression sheet prescribed by the
bureau under
division (C) of section 109.572 of the Revised Code;
(2) A form prescribed by the bureau on which is specified the
individual's
name, social security number, and date of birth.
(B) A grant recipient
shall not request a criminal records
check under division (A) of this
section with respect to any
individual who furnishes the grant recipient
with a certified copy
of a report of a criminal records check completed by the
bureau
within one year prior to
applying to participate in providing
programs or services
under the grant.
(C) Except as provided in rules adopted under division
(G)(2)
of this section, a grant recipient
shall not allow an individual
to participate in providing
directly to children any program or
service
funded in whole or in part by the
grant if the information
requested under this section from the bureau
indicates that the
individual has ever pleaded
guilty to or been found guilty by a
jury or court of any of the following:
(2) A violation
of section 2903.16, 2903.34, 2905.05,
2907.04, 2907.06, 2907.07,
2907.08, 2907.09, 2907.23, 2907.25,
2907.31, 2919.12, 2919.22, 2919.24,
2925.04, or 3716.11 of the
Revised Code; a violation of section 2905.04
of the Revised Code
as it existed prior to July 1, 1996; or a violation of section
2919.23 of the Revised Code that would have been a violation of
section 2905.04 of the Revised Code as it existed prior to
July 1,
1996, had it been committed prior to that date;
(3) An offense of violence;
(4) A theft offense, as defined in section 2913.01 of the
Revised
Code;
(5) A drug abuse offense, as defined in section 2925.01 of
the
Revised Code;
(6) A violation of an existing or former ordinance of a
municipal
corporation, resolution of a township, or law of the
United
States or another state that is
substantively comparable
to an
offense listed in divisions (C)(1) to (5) of this section.
(D) A grant recipient
that elects to request criminal
records
checks may conditionally allow an individual to
participate in providing
programs or services directly to children
until the criminal records
check is completed and the grant
recipient
receives the results. If the results of the criminal
records check indicate
that the
individual has been convicted of
or pleaded guilty to an offense listed in
division (C) of this
section,
the grant recipient
shall not allow the individual to
further participate
in providing directly to children any program
or service
funded in whole or in
part by the grant, except as
provided in the rules adopted under division
(G)(2) of this
section.
(E) The report of any criminal records check conducted in
accordance with division (F)(5) of section 109.57 of the
Revised
Code pursuant to a request under this
section is not a public
record for purposes of section 149.43 of the
Revised Code. The
report shall not be made available to
any person other than the
individual who is the subject of the criminal
records check or the
individual's representative, the
grant recipient or the grant
recipient's representative, and any
court, hearing officer, or
other necessary individual in a case
dealing with the denial of
the individual's participation in a
program or service
funded by a
grant awarded under section 3301.86 of the Revised Code.
(F) The department of education shall reimburse each grant
recipient
for each
criminal records check the actual amount paid
by the grant recipient
for the portion of the criminal records
check conducted by
the bureau of criminal identification and
investigation.
Reimbursement shall be paid under this division
only for criminal records
checks on individuals who apply to
participate in providing directly to
children any
program or
service funded in whole or in part by the grant. To receive it,
the grant recipient
must submit information to the department in
the
form and manner required by the department. The reimbursement
is in
addition to the grant awarded to the recipient under section
3301.86 of the Revised Code.
(G) The state board of education shall adopt rules in
accordance
with Chapter 119. of the Revised Code:
(1) Prescribing the form and manner in which grant recipients
must submit information to the department to receive
reimbursement
under division (F) of this section;
(2) Specifying circumstances under which a grant recipient
may allow an
individual whose criminal records check report
indicates that the
individual has been convicted of or pleaded
guilty to an offense listed
in division (C) of this section, but
who meets standards in regard
to rehabilitation set forth in the
rules, to participate in providing directly
to children any
program or service
funded in whole or in part by the grant.
Sec. 3313.662. (A) The superintendent of public
instruction,
pursuant to this section and the adjudication
procedures of
section 3301.121 of the Revised Code, may issue an
adjudication
order that permanently excludes a pupil from
attending any of the
public schools of this state if the pupil is
convicted of, or
adjudicated a delinquent child for, committing,
when the pupil was
sixteen years of age or older, an act that would
be a criminal
offense if committed by an adult and if the act is any
of the
following:
(1) A violation of section 2923.122 of the Revised Code;
(2) A violation of section 2923.12 of the Revised Code, of
a
substantially similar municipal ordinance or township resolution,
or of section 2925.03 of
the Revised Code that was committed on
property owned or
controlled by, or at an activity held under the
auspices of, a
board of education of a city, local, exempted
village, or joint
vocational school district;
(3) A violation of section 2925.11 of the Revised
Code, other
than a violation of that
section that would be a minor drug
possession offense, that was committed on
property owned or
controlled by, or at an activity held under the auspices of,
the
board of education of a city, local, exempted village, or joint
vocational
school district;
(4) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11,
2903.12, 2907.02, or 2907.05 or of former
section 2907.12 of the
Revised Code that was committed on property
owned or controlled
by, or at an activity held under the auspices
of, a board of
education of a city, local, exempted village, or
joint vocational
school district, if the victim at the time of the
commission of
the act was an employee of that board of education;
(5) Complicity in any violation described in division
(A)(1),
(2), (3), or (4) of this section that was
alleged to have been
committed in the manner described in division (A)(1), (2),
(3), or
(4) of this section, regardless of whether the act of
complicity
was
committed on property owned or controlled by, or at an
activity
held under the auspices of, a board of education of a
city,
local, exempted village, or joint vocational school
district.
(B) A pupil may be suspended or expelled in accordance
with
section 3313.66 of the Revised Code prior to being
permanently
excluded from public school attendance under this
section and
section 3301.121 of the Revised Code.
(C)(1) If the superintendent of a city, local, exempted
village, or joint vocational school district in which a pupil
attends school obtains or receives proof that the pupil has been
convicted of committing when the pupil was sixteen years of age or
older a violation listed in division (A) of this section or
adjudicated
a delinquent child for the commission when the pupil
was sixteen
years of age or older of a violation listed in
division (A) of this
section, the superintendent may issue to the
board of education
of the school district a request that the pupil
be permanently
excluded from public school attendance, if both of
the following
apply:
(a) After obtaining or receiving proof of the
conviction or
adjudication, the superintendent or the superintendent's
designee
determines
that the pupil's continued attendance in school may
endanger the
health and safety of other pupils or school employees
and gives
the pupil and the pupil's parent, guardian, or custodian
written notice
that the superintendent intends to recommend to the
board of
education that the board adopt a resolution requesting
the
superintendent of public instruction to permanently exclude
the
pupil from public school attendance.
(b) The superintendent or the superintendent's designee
forwards
to the board of education the superintendent's written
recommendation
that includes the determinations the superintendent
or
designee made pursuant
to division (C)(1)(a) of this section
and a copy of the proof the
superintendent
received showing that
the pupil has been convicted of or
adjudicated a delinquent child
for a violation listed in division
(A) of this section that was
committed when the pupil was sixteen
years of age or older.
(2) Within fourteen days after receipt of a recommendation
from the superintendent pursuant to division (C)(1)(b) of this
section that a pupil be permanently excluded from public school
attendance, the board of education of a city, local, exempted
village, or joint vocational school district, after review and
consideration of all of the following available information, may
adopt a resolution requesting the superintendent of public
instruction to permanently exclude the pupil who is the subject
of
the recommendation from public school attendance:
(a) The academic record of the pupil and a record of any
extracurricular activities in which the pupil previously was
involved;
(b) The disciplinary record of the pupil and any available
records of the pupil's prior behavioral problems other than the
behavioral problems contained in the disciplinary record;
(c) The social history of the pupil;
(d) The pupil's response to the imposition of prior
discipline and sanctions imposed for behavioral problems;
(e) Evidence regarding the seriousness of and any
aggravating
factors related to the offense that is the basis of
the resolution
seeking permanent exclusion;
(f) Any mitigating circumstances surrounding the offense
that
gave rise to the request for permanent exclusion;
(g) Evidence regarding the probable danger posed to the
health and safety of other pupils or of school employees by the
continued presence of the pupil in a public school setting;
(h) Evidence regarding the probable disruption of the
teaching of any school district's graded course of study by the
continued presence of the pupil in a public school setting;
(i) Evidence regarding the availability of alternative
sanctions of a less serious nature than permanent exclusion that
would enable the pupil to remain in a public school setting
without posing a significant danger to the health and safety of
other pupils or of school employees and without posing a threat
of
the disruption of the teaching of any district's graded course
of
study.
(3) If the board does not adopt a resolution requesting
the
superintendent of public instruction to permanently exclude
the
pupil, it immediately shall send written notice of that fact
to
the superintendent who sought the resolution, to the pupil who
was
the subject of the proposed resolution, and to that pupil's
parent, guardian, or custodian.
(D)(1) Upon adoption of a resolution under division (C) of
this section, the board of education immediately shall forward to
the superintendent of public instruction the written resolution,
proof of the conviction or adjudication that is the basis of the
resolution, a copy of the pupil's entire school record, and any
other relevant information and shall forward a copy of the
resolution to the pupil who is the subject of the recommendation
and to that pupil's parent, guardian, or custodian.
(2) The board of education that adopted and forwarded the
resolution requesting the permanent exclusion of the pupil to the
superintendent of public instruction promptly shall designate a
representative of the school district to present the case for
permanent exclusion to the superintendent or the referee
appointed
by the superintendent. The representative of the
school district
may be an attorney admitted to the practice of
law in this state.
At the adjudication hearing held pursuant to
section 3301.121 of
the Revised Code, the representative of the
school district shall
present evidence in support of the
requested permanent exclusion.
(3) Upon receipt of a board of education's resolution
requesting the permanent exclusion of a pupil from public school
attendance, the superintendent of public instruction, in
accordance with the adjudication procedures of section 3301.121
of
the Revised Code, promptly shall issue an adjudication order
that
either permanently excludes the pupil from attending any of
the
public schools of this state or that rejects the resolution
of the
board of education.
(E) Notwithstanding any provision of section 3313.64 of
the
Revised Code or an order of any court of this state that
otherwise
requires the admission of the pupil to a school, no
school
official in a city, local, exempted village, or joint
vocational
school district knowingly shall admit to any school in
the school
district a pupil who has been permanently excluded
from public
school attendance by the superintendent of public
instruction.
(F)(1)(a) Upon determining that the school attendance of a
pupil who has been permanently excluded from public school
attendance
no longer will endanger the health and safety of other
students
or school employees, the superintendent of any city,
local,
exempted village, or joint vocational school district in
which
the pupil desires to attend school may issue to the board of
education of the school district a recommendation, including the
reasons for the recommendation, that the permanent exclusion of a
pupil be revoked and the pupil be allowed to return to the public
schools of the state.
If any violation which in whole or in part gave rise to the
permanent
exclusion of any pupil involved the pupil's bringing a
firearm to a school
operated by the board of education of a school
district or
onto any other property owned or operated by such a
board, no
superintendent shall recommend under this division an
effective date for the
revocation of the pupil's permanent
exclusion that is less than one year after
the date on which the
last such firearm incident occurred. However, on a case-by-case
basis, a
superintendent may recommend an earlier effective date
for such a revocation
for any of the reasons for which the
superintendent may
reduce the one-year expulsion
requirement in
division (B)(2) of section 3313.66 of the Revised Code.
(b) Upon receipt of the recommendation of the
superintendent
that a permanent exclusion of a pupil be revoked,
the board of
education of a city, local, exempted village, or
joint vocational
school district may adopt a resolution by a
majority vote of its
members requesting the superintendent of
public instruction to
revoke the permanent exclusion of the
pupil. Upon adoption of the
resolution, the board of education
shall forward a copy of the
resolution, the reasons for the
resolution, and any other relevant
information to the
superintendent of public instruction.
(c) Upon receipt of a resolution of a board of education
requesting the revocation of a permanent exclusion of a pupil,
the
superintendent of public instruction, in accordance with the
adjudication procedures of Chapter 119. of the Revised Code,
shall
issue an adjudication order that revokes the permanent
exclusion
of the pupil from public school attendance or that
rejects the
resolution of the board of education.
(2)(a) A pupil who has been permanently excluded pursuant
to
this section and section 3301.121 of the Revised Code may
request
the superintendent of any city, local, exempted village,
or joint
vocational school district in which the pupil desires to
attend
school to admit the pupil on a probationary basis for a
period not
to exceed ninety school days. Upon receiving the
request, the
superintendent may enter into discussions with the
pupil and with
the pupil's parent, guardian, or custodian or a
person designated
by the pupil's parent, guardian, or custodian
to develop a
probationary admission plan designed to assist the
pupil's
probationary admission to the school. The plan may
include a
treatment program, a behavioral modification program,
or any other
program reasonably designed to meet the educational
needs of the
child and the disciplinary requirements of the
school.
If any violation which in whole or in part gave rise to the
permanent
exclusion of the pupil involved the pupil's bringing a
firearm to a school
operated by the board of education of any
school district or
onto any other property owned or operated by
such a board, no plan
developed under this division for the pupil
shall include an effective date
for the probationary admission of
the pupil that is less than one year after
the date on which the
last such firearm incident occurred except that on a
case-by-case
basis, a
plan may include an earlier effective date for such an
admission for any of
the reasons for which the superintendent of
the district may reduce the
one-year expulsion requirement in
division (B)(2) of section 3313.66
of the Revised Code.
(b) If the superintendent of a school district, a pupil,
and
the pupil's parent, guardian, or custodian or a person
designated
by the pupil's parent, guardian, or custodian agree
upon a
probationary admission plan prepared pursuant to division
(F)(2)(a) of this section, the superintendent of the school
district shall issue to the board of education of the school
district a recommendation that the pupil be allowed to attend
school within the school district under probationary admission,
the reasons for the recommendation, and a copy of the agreed upon
probationary admission plan. Within fourteen days after the
board
of education receives the recommendation, reasons, and
plan, the
board may adopt the recommendation by a majority vote
of its
members. If the board adopts the recommendation, the
pupil may
attend school under probationary admission within that
school
district for a period not to exceed ninety days or any
additional
probationary period permitted under divisions
(F)(2)(d) and (e) of
this section in accordance with the
probationary admission plan
prepared pursuant to division
(F)(2)(a) of this section.
(c) If a pupil who is permitted to attend school under
probationary admission pursuant to division (F)(2)(b) of this
section fails to comply with the probationary admission plan
prepared pursuant to division (F)(2)(a) of this section, the
superintendent of the school district immediately may remove the
pupil from the school and issue to the board of education of the
school district a recommendation that the probationary admission
be revoked. Within five days after the board of education
receives
the recommendation, the board may adopt the
recommendation to
revoke the pupil's probationary admission by a
majority vote of
its members. If a majority of the board does
not adopt the
recommendation to revoke the pupil's probationary
admission, the
pupil shall continue to attend school in
compliance with the
pupil's probationary admission plan.
(d) If a pupil who is permitted to attend school under
probationary admission pursuant to division (F)(2)(b) of this
section complies with the probationary admission plan prepared
pursuant to division (F)(2)(a) of this section, the pupil or the
pupil's
parent, guardian, or custodian, at any time before the
expiration
of the ninety-day probationary admission period, may
request the
superintendent of the school district to extend the
terms and
period of the pupil's probationary admission for a
period not to
exceed ninety days or to issue a recommendation
pursuant to division
(F)(1) of this section that the pupil's
permanent exclusion be
revoked and the pupil be allowed to return
to the public schools
of this state.
(e) If a pupil is granted an extension of the pupil's
probationary
admission pursuant to division (F)(2)(d) of this
section, the
pupil or the pupil's parent, guardian, or custodian,
in the manner
described in that division, may request, and the
superintendent
and board, in the manner described in that
division, may
recommend and grant, subsequent probationary
admission periods not
to exceed ninety days each. If a pupil who
is permitted to
attend school under an extension of a probationary
admission plan
complies with the probationary admission plan
prepared pursuant
to the extension, the pupil or the pupil's
parent,
guardian, or custodian may
request a revocation of the
pupil's permanent exclusion in the
manner described in division
(F)(2)(d) of this section.
(f) Any extension of a probationary admission requested by
a
pupil or a pupil's parent, guardian, or custodian pursuant to
divisions (F)(2)(d) or (e) of this section shall be subject to
the
adoption and approval of a probationary admission plan in the
manner described in divisions (F)(2)(a) and (b) of this section
and may be terminated as provided in division (F)(2)(c) of this
section.
(g) If the pupil has complied with any probationary
admission
plan and the superintendent issues a recommendation
that seeks
revocation of the pupil's permanent exclusion pursuant
to division
(F)(1) of this section, the pupil's compliance with
any
probationary admission plan may be considered along with
other
relevant factors in any determination or adjudication
conducted
pursuant to division (F)(1) of this section.
(G)(1) Except as provided in division (G)(2) of this
section,
any information regarding the permanent exclusion of a
pupil shall
be included in the pupil's official records and shall
be included
in any records sent to any school district that
requests the
pupil's records.
(2) When a pupil who has been permanently excluded from
public school attendance reaches the age of twenty-two or when
the
permanent exclusion of a pupil has been revoked, all school
districts that maintain records regarding the pupil's permanent
exclusion shall remove all references to the exclusion from the
pupil's file and shall destroy them.
A pupil who has reached the age of twenty-two or whose
permanent exclusion has been revoked may send a written notice to
the superintendent of any school district maintaining records of
the pupil's permanent exclusion requesting the superintendent to
ensure
that the records are removed from the pupil's file and
destroyed.
Upon receipt of the request and a determination that
the pupil is
twenty-two years of age or older or that the pupil's
permanent
exclusion has been revoked, the superintendent shall
ensure that
the records are removed from the pupil's file and
destroyed.
(H)(1) This section does not apply to any of the
following:
(a) An institution that is a residential facility, that
receives and cares for children, that is maintained by the
department of youth services, and that operates a school
chartered
by the state board of education under section 3301.16
of the
Revised Code;
(b) Any on-premises school operated by an out-of-home care
entity, other than a school district, that is chartered by the
state board of education under
section 3301.16 of the Revised
Code;
(c) Any school operated in connection with an out-of-home
care entity or a nonresidential youth treatment program that
enters into a contract or agreement with a school district for
the
provision of educational services in a setting other than a
setting that is a building or structure owned or controlled by
the
board of education of the school district during normal
school
hours.
(2) This section does not
prohibit any person who has been
permanently excluded pursuant to
this section and section 3301.121
of the Revised Code from
seeking a certificate of high school
equivalence. A person who
has been permanently excluded may be
permitted to participate in
a course of study in preparation for
the tests of general
educational development, except that the
person shall not
participate during normal school hours in that
course of study in any
building or structure owned or controlled
by the board of
education of a school district.
(3) This section does not
relieve any school district from
any requirement under section
2151.362 or 3313.64 of the Revised
Code to pay for the cost of
educating any child who has been
permanently excluded pursuant to
this section and section 3301.121
of the Revised Code.
(I) As used in this section:
(1) "Permanently exclude" means to forever prohibit an
individual from attending any public school in this state that is
operated by a city, local, exempted village, or joint vocational
school district.
(2) "Permanent exclusion" means the prohibition of a pupil
forever from attending any public school in this state that is
operated by a city, local, exempted village, or joint vocational
school district.
(3) "Out-of-home care" has the same meaning as in section
2151.011 of the Revised Code.
(4) "Certificate of high school equivalence" has the same
meaning as in section 4109.06 of the Revised Code.
(5) "Nonresidential youth treatment program" means a
program
designed to provide services to persons under the age of
eighteen
in a setting that does not regularly provide long-term
overnight
care, including settlement houses, diversion and
prevention
programs, run-away centers, and alternative education
programs.
(6) "Firearm" has the same meaning as provided pursuant to
the
"Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C.
8001(a)(2).
(7) "Minor drug possession offense" has the same meaning
as
in section 2925.01 of the Revised Code.
Sec. 3319.20. Whenever an employee of a board of
education,
other than an employee who is a license
holder to whom section
3319.52 of the Revised Code applies, is convicted of or
pleads
guilty to a felony, a violation of section
2907.04 or 2907.06 or
of division (A) or (B) of section 2907.07 of
the Revised Code, an
offense of violence, theft offense, or drug
abuse offense that is
not a minor misdemeanor, or a violation of an ordinance
of a
municipal corporation or resolution of a township that is
substantively comparable to a felony or to
a violation or offense
of that nature, the prosecutor in the case, on forms
prescribed
and
furnished by the state board of education, shall notify the
employing
board of education of the employee's name and residence
address,
the fact that the employee was convicted of
or pleaded
guilty to the specified offense, the section
of the Revised Code
or the municipal ordinance violated, and
the sentence imposed by
the court.
The prosecutor shall give the notification required by this
section no earlier than the fifth day following the expiration of
the period within which the employee may file a notice of appeal
from the judgment of the trial court under Appellate Rule 4(B)
and
no later than the eighth day following the expiration of that
period. The notification also shall indicate whether the
employee
appealed the conviction, and, if applicable, the court
in which
the appeal will be heard. If the employee is permitted,
by leave
of court pursuant to Appellate Rule 5, to appeal the
judgment of
the trial court subsequent to the expiration of the
period for
filing a notice of appeal under Appellate Rule 4(B),
the
prosecutor promptly shall notify the employing board of
education
of the appeal and the court in which the appeal will be
heard.
As used in this section, "theft offense" has the same
meaning
as in section 2913.01 of the Revised Code, "drug abuse
offense"
has the same meaning as in section 2925.01 of the
Revised Code,
and "prosecutor" has the same meaning as in section
2935.01 of the
Revised Code.
Sec. 3319.31. (A) As used in this section and sections
3123.41 to 3123.50 and 3319.311 of
the Revised Code, "license"
means a certificate, license, or permit described in this chapter
or in division (B)
of
section 3301.071 or in section 3301.074
of
the Revised Code.
(B) For any of the following reasons, the state board of
education, in accordance with Chapter 119. and section 3319.311
of
the Revised Code, may refuse to issue a license
to an applicant,
may limit a license it issues to an
applicant, or may suspend,
revoke, or limit a
license that has been issued to any person:
(1) Engaging in an immoral act, incompetence, negligence,
or
conduct that is unbecoming to the applicant's or person's
position;
(2) A plea of guilty to, a finding of guilt by a jury or
court of,
or a conviction of any of the following:
(b) A violation of section 2907.04 or 2907.06 or
division
(A)
or (B) of section 2907.07 of the Revised Code;
(c) An offense of violence;
(d) A theft offense, as defined in section 2913.01 of the
Revised Code;
(e) A drug abuse offense, as defined in section 2925.01
of
the Revised Code, that is not a minor misdemeanor;
(f) A violation of an ordinance of a municipal corporation or
resolution of a township
that is
substantively comparable to an
offense listed in divisions
(B)(2)(a) to (e) of
this section.
(C) The state board may take action under division (B) of
this section on the basis of substantially comparable conduct
occurring in a jurisdiction outside this state or occurring
before
a person applies for or receives any license.
(D) The state board may adopt rules in accordance with
Chapter 119. of the Revised Code to carry out this section and
section 3319.311 of the Revised Code.
Sec. 3327.10. (A) No person shall be employed as driver
of
a
school bus or motor van, owned and operated by any school
district
or educational service center or privately owned and
operated
under
contract with any
school district or service center
in this
state, who has not received a
certificate
from the
educational
service center governing board in case such person is
employed by
a service center or by
a local school
district under
the
supervision of the service center governing
board, or by the
superintendent of schools, in case such person is employed by the
board of a city or exempted village school district, certifying
that such person is at least eighteen years of age and is of good
moral character and is qualified physically and otherwise for
such
position. The service center governing board or the
superintendent, as the
case may be, shall provide for an annual
physical examination
that conforms with rules adopted by the state
board of education
of each driver to ascertain
the driver's
physical fitness
for such
employment. Any certificate may be
revoked by the authority
granting the same on proof that the
holder has been guilty of
failing to comply with division (D)(1)
of this section, or upon a
conviction or a guilty plea for a
violation, or any other action,
that results in a loss or
suspension of driving rights. Failure
to comply with such
division
may be cause for disciplinary action
or termination of
employment
under division (C) of section
3319.081, or section
124.34 of the
Revised Code.
(B) No person shall be employed as driver of a school bus
or
motor van not subject to the rules of the department of
education
pursuant to division (A) of this section who has not
received a
certificate from the school administrator or
contractor certifying
that such person is at least eighteen years
of age, is of good
moral character, and is qualified physically
and otherwise for
such position. Each driver shall have an
annual physical
examination which conforms to the state highway
patrol rules,
ascertaining
the driver's physical fitness for
such
employment.
The examination shall be performed by one of the
following:
(1) A person licensed under Chapter 4731. of the Revised Code
or by another state to practice medicine and surgery or
osteopathic medicine and surgery;
(2) A
physician assistant;
(3) A
certified nurse practitioner;
(4) A
clinical
nurse specialist;
(5) A certified
nurse-midwife.
Any written documentation of the physical examination shall
be completed by the individual who performed the examination.
Any certificate may be revoked by the authority
granting the
same on proof that the holder has been guilty of
failing to comply
with division (D)(2) of this section.
(C) Any person who drives a school bus or motor van must
give
satisfactory and sufficient bond except a driver who is an
employee of a school district and who drives a bus or motor van
owned by the school district.
(D) No person employed as driver of a school bus or motor
van
under this section who is convicted of a traffic violation or
who
has had
the person's commercial driver's license
suspended
shall
drive a school bus or motor van until
the
person
has filed
a
written notice of
the conviction
or
suspension,
as
follows:
(1) If
the person is employed under division (A) of this
section,
the person shall file the notice
with
the
superintendent,
or a
person
designated by the superintendent,
of
the school
district
for
which
the person drives a school
bus or
motor van as
an
employee or
drives a privately owned and
operated
school bus or
motor van
under contract.
(2) If employed under division (B) of this section,
the
person shall file the notice
with the employing
school
administrator or
contractor, or a person designated by the
administrator or
contractor.
(E) In addition to resulting in possible revocation of a
certificate as authorized by divisions (A) and (B) of this
section, violation of division (D) of this section is a minor
misdemeanor.
(F)(1) Not later than thirty days after June 30, 2007, each
owner of a school bus or motor
van shall obtain the complete
driving record for each
person who is currently employed or
otherwise authorized to drive
the school bus or motor van. An
owner of a school bus or motor van
shall not permit a person to
operate the school bus or motor van
for the first time before the
owner has obtained
the person's complete driving record.
Thereafter, the owner of a school bus or motor van
shall obtain
the person's driving record not less frequently than semiannually
if the
person remains employed or otherwise authorized to drive
the
school bus or motor van. An owner of a school bus or motor
van
shall not permit a person to resume operating a school bus or
motor van, after an interruption of one year or longer, before the
owner has obtained the person's complete driving
record.
(2) The owner of a school bus or motor van shall not permit a
person to operate the school bus or motor van for six years
after
the date on which the person pleads guilty to or is
convicted of
a violation
of section 4511.19 of the Revised Code or a
substantially
equivalent municipal ordinance or township
resolution.
(3) An owner of a school bus
or motor van shall not permit
any person to
operate such a vehicle unless the person meets all
other
requirements contained in rules adopted by the state board
of
education prescribing qualifications of drivers of school
buses
and other student transportation.
(G) No superintendent of a school district, educational
service center, community school, or public or private employer
shall permit the operation of a vehicle used for pupil
transportation within this state by an individual unless both of
the following apply:
(1) Information pertaining to that driver has been submitted
to the department of education, pursuant to procedures adopted by
that department. Information to be reported shall include the name
of the employer or school district, name of the driver, driver
license number, date of birth, date of hire, status of physical
evaluation, and status of training.
(2) A criminal records check, including information from the
federal bureau of investigation, has been completed and received
by the superintendent or public or private employer.
(H) A person, school district, educational service center,
community school, nonpublic school, or other public or nonpublic
entity that owns a school bus or motor van, or that contracts with
another entity to operate a school bus or motor van, may impose
more stringent restrictions on drivers than those prescribed in
this section, in any other section of the Revised Code, and in
rules adopted by the state board.
(I) For qualified drivers who, on the effective date of this
amendment July 1, 2007, are employed by the owner of a school bus
or motor van
to drive the school bus or motor van, any instance
in which the
driver was convicted of or pleaded guilty to a
violation of
section 4511.19 of the Revised Code or a
substantially equivalent
municipal ordinance or township
resolution prior to two years
prior to the effective date
of
this amendment July 1, 2007, shall
not be considered a
disqualifying event
with respect to division
(F) of this
section.
Sec. 3345.23. (A) The conviction of a student, faculty or
staff member, or employee of a college or university which
receives any state funds in support thereof, of any offense
covered by division (D) of this section, automatically effects
the
student's, faculty or staff member's, or employee's
dismissal from
such college or university, except as provided in division (E)
of
this section. A student dismissed pursuant to
this section may be
readmitted or admitted to any other college
or university which
receives state funds in support thereof, in
the discretion of the
board of trustees, but only upon the lapse
of one calendar year
following the student's dismissal, and
only upon terms of strict
disciplinary probation. The contract, if any, of a
faculty or
staff member or employee dismissed pursuant to this
section is
terminated thereby. A faculty or staff member or
employee
dismissed pursuant to this section may be re-employed by
any such
college or university, in the discretion of the board of
trustees,
but only upon the lapse of one calendar year following
the faculty
or staff member's or employee's dismissal.
(B) Upon conviction of a student, faculty or staff member,
or
employee of a college or university which receives any state
funds
in support thereof, of any offense covered by division (D)
of this
section, the court shall immediately notify the college
or
university of such conviction. The president, or other
administrative official designated by the board of trustees,
shall
immediately notify such person of the person's
dismissal. The
notice shall be in writing and shall be mailed by certified
mail
to the person's address as shown in both the court and the
university records. If such person has been suspended pursuant
to
section 3345.22 of the Revised Code, and not permitted to
return
to the college or university, the period of the
person's dismissal
shall run from the date of such suspension.
(C) No degrees or honors shall be conferred upon, no
instructional credit or grades shall be given to, and no student
assistance, scholarship funds, salaries, or wages shall be paid
or
credited to any student, faculty or staff member, or employee,
in
respect of the period such person is properly under dismissal
pursuant to this section or under suspension pursuant to section
3345.22 of the Revised Code.
(D) Without limiting the grounds for dismissal,
suspension,
or other disciplinary action against a student,
faculty or staff
member, or employee of a college or university
which receives any
state funds in support thereof, the commission
of an offense of
violence as defined in division
(A)(9)(a) of section 2901.01 of
the Revised Code or a
substantially equivalent offense under a
municipal ordinance or township resolution, which offense is
committed on or affects persons or property on such college or
university,
or which offense is committed in the immediate
vicinity of a
college or university with respect to which an
emergency has been
declared and is in effect pursuant to section
3345.26 of the
Revised Code, is cause for dismissal pursuant to
this section or
for suspension pursuant to section 3345.22 of the
Revised Code.
Criminal cases resulting from arrests for offenses
covered by
division (D) of this section shall take precedence over
all civil
matters and proceedings and over all other criminal
cases.
(E) If a final judicial determination results in an
acquittal, or if the conviction is reversed on appeal, the
student, faculty or staff member, or employee shall be reinstated
and the
college or university shall expunge the record of the
student's,
faculty or staff member's, or employee's dismissal from
the
student's, faculty or staff member's, or employee's college or
university
records, and the dismissal shall be deemed never to
have occurred.
Sec. 3375.50. All Subject to division (F)(2) of section
1901.31 of the Revised Code, all fines and penalties collected by,
and
moneys arising from forfeited bail in, a municipal court for
offenses and misdemeanors brought for prosecution in the name of
a
municipal corporation under one of its penal ordinances or in the
name of a township under one of its penal resolutions, where
there
is in force a state statute under which the offense might
be
prosecuted, or brought for prosecution in the name of the
state,
except a portion of such fines, penalties, and moneys
which, plus
all costs collected monthly in such state cases,
equal the
compensation allowed by the board of county
commissioners to the
judges of the municipal court, its clerk,
and the prosecuting
attorney of such court in state cases, shall
be retained by the
clerk of such municipal court, and be paid by
him the clerk
forthwith, each month, to the board of trustees of
the law
library
association in the county in which such municipal
corporation or
township is
located. The sum so retained and paid by the
clerk of
the
municipal court to the board of trustees of such law
library
association shall, in no month, be less than twenty-five
per cent
of the amount of such fines, penalties, and moneys
received in
that month, without deducting the amount of the
allowance of the
board of county commissioners to the judges,
clerk, and
prosecuting attorney.
The total amount paid under this section in any one
calendar
year by the clerks of all municipal courts in any one
county to
the board of trustees of such law library association
shall in no
event exceed the following amounts:
(A) In counties having a population of fifty thousand or
less, seventy-five hundred dollars and the maximum amount paid by
any of such courts shall not exceed four thousand dollars in any
calendar year.
(B) In counties having a population in excess of fifty
thousand but not in excess of one hundred thousand, eight
thousand
dollars and the maximum amount paid by any of such
courts shall
not exceed five thousand five hundred dollars in any
calendar
year.
(C) In counties having a population in excess of one
hundred
thousand but not in excess of one hundred fifty thousand,
ten
thousand dollars and the maximum amount paid by any of such
courts
shall not exceed seven thousand dollars in any calendar
year.
(D) In counties having a population of in excess of one
hundred fifty thousand, fifteen thousand dollars in any calendar
year. The maximum amount to be paid by each such clerk shall be
determined by the county auditor in December of each year for the
next succeeding calendar year, and shall bear the same ratio to
the total amount payable under this section from the clerks of
all
municipal courts in such county as the total fines, costs,
and
forfeitures received by the corresponding municipal court,
bear to
the total fines, costs, and forfeitures received by all
the
municipal courts in the county, as shown for the last
complete
year of actual receipts, on the latest available budgets
of such
municipal courts. Payments in the full amounts provided
in this
section shall be made monthly by each clerk in each
calendar year
until the maximum amount for such year has been
paid. When such
amount, so determined by the auditor, has been
paid to the board
of trustees of such law library association,
then no further
payments shall be required in that calendar year
from the clerk of
such court.
(E) This section does not apply to fines collected by a
municipal court for violations of division (B) of section
4513.263
of the Revised Code, or for violations of any municipal
ordinance
or township resolution
that is substantively comparable to that
division, all
of which
shall be forwarded to the treasurer of
state as provided
in
division (E) of section 4513.263 of the
Revised Code.
Sec. 3375.51. Fifty per cent of all moneys collected by a
county court
accruing from fines, penalties, and forfeited bail,
unless otherwise
distributed by law, shall be paid to the board of
trustees of the law library
association of the county by the
county treasurer, upon the voucher of the
county auditor within
thirty days after such moneys have been paid into the
county
treasury by the clerk of the county court.
This section does not apply to fines collected by a county
court for
violations of division (B) of section 4513.263 of the
Revised Code, or for
violations of any municipal ordinance or
township resolution that is substantively comparable to that
division, all of which shall be forwarded to the treasurer of
state as
provided in division (E) of section 4513.263 of the
Revised Code.
Sec. 3937.41. (A) As used in this section:
(1) "Ambulance" has the same meaning as in section 4765.01
of
the Revised Code and also includes private ambulance companies
under contract to a municipal corporation, township, or county.
(2) "Emergency vehicle" means any of the following:
(a) Any vehicle, as defined in section 4511.01 of the
Revised
Code, that is an emergency vehicle of a municipal,
township, or
county department or public utility corporation and
that is
identified as such as required by law, the director of
public
safety, or local authorities;
(b) Any motor vehicle, as defined in section 4511.01 of
the
Revised Code, when commandeered by a police officer;
(c) Any vehicle, as defined in section 4511.01 of the
Revised
Code, that is an emergency vehicle of a qualified
nonprofit
corporation police department established pursuant to
section
1702.80 of the Revised Code and that is identified as an
emergency
vehicle;
(d) Any vehicle, as defined in section 4511.01 of the
Revised
Code, that is an emergency vehicle of a proprietary
police
department or security department of a hospital operated
by a
public hospital agency or a nonprofit hospital agency that
employs
police officers under section 4973.17 of the Revised
Code, and
that is identified as an emergency vehicle.
(3) "Firefighter" means any regular, paid, member
of a
lawfully constituted fire department of a municipal corporation
or
township.
(4) "Law enforcement officer" means a sheriff, deputy
sheriff, constable, marshal, deputy marshal, municipal or
township
police officer, state highway patrol trooper, police
officer
employed by a qualified nonprofit police department
pursuant to
section 1702.80 of the Revised Code, or police
officer employed by
a proprietary police department or security
department of a
hospital operated by a public hospital agency or
nonprofit
hospital agency pursuant to section 4973.17 of the
Revised Code.
(5) "Motor vehicle accident" means any accident involving
a
motor vehicle which results in bodily injury to any person, or
damage to the property of any person.
(B) No insurer shall consider the circumstance that an
applicant or policyholder has been involved in a motor vehicle
accident while in the pursuit of the applicant's or
policyholder's
official duties as a law
enforcement officer, firefighter, or
operator of an emergency
vehicle or ambulance, while operating a
vehicle engaged in mowing or
snow and ice removal as a county,
township, or department of transportation
employee, or while
operating a vehicle while engaged in the pursuit
of the
applicant's or policyholder's official duties as a member
of the
motor
carrier enforcement unit of the
state highway patrol
under
section 5503.34 of the Revised Code,
as
a basis for doing either
of the following:
(1) Refusing to issue or deliver a policy of insurance
upon
a
private automobile, or increasing the rate to be charged
for
such
a policy;
(2) Increasing the premium rate, canceling, or failing to
renew an existing policy of insurance upon a private automobile.
(C) Any applicant or policyholder affected by an action of
an
insurer in violation of this section may appeal to the
superintendent of insurance. After a hearing held upon not less
than ten days' notice to the applicant or policyholder and to the
insurer and if the superintendent determines that the insurer
has
violated this
section, the superintendent may direct the issuance
of a policy,
decrease the premium rate on a policy, or reinstate
insurance
coverage.
(D) The employer of the law enforcement officer,
firefighter,
or
operator of an emergency vehicle or
ambulance,
operator of a
vehicle engaged in
mowing or snow and ice removal,
or operator of
a vehicle who is a member of the
motor
carrier enforcement
unit,
except as otherwise
provided in
division (F) of this section,
shall certify to the
state highway patrol or law enforcement
agency that investigates
the accident whether the officer,
firefighter,
or operator of an
emergency vehicle or ambulance,
operator of a vehicle engaged in
mowing or snow and ice removal,
or operator of a vehicle who is a
member of the
motor
carrier
enforcement
unit, was engaged in the performance of
the person's
official
duties
as such
employee at the time of the accident. The
employer
shall
designate an official authorized to make the
certifications.
The state
highway patrol or law enforcement agency
shall include
the
certification in any report of the accident
forwarded to the
department of public safety pursuant to sections
5502.11 and
5502.12 of the Revised Code and shall forward the
certification
to
the department if received after the report of
the accident
has
been forwarded to the department. The registrar
of motor
vehicles
shall not include an accident in a certified
abstract of
information under division (A) of section 4509.05 of
the Revised
Code, if the person involved has been so certified as
having been
engaged in the performance of the person's official
duties
at the
time of
the accident.
(E) Division (B) of this section does not apply to an
insurer
whose policy covers the motor vehicle at the time the
motor
vehicle is involved in an accident described in division
(B)
of
this section.
(F) Division (B) of this section does not apply if an
applicant or policyholder, on the basis of the applicant's or
policyholder's involvement in an
accident described in that
division, is convicted of or pleads
guilty or no contest to a
violation of section 4511.19 of the
Revised Code or a municipal
OVI ordinance or township OVI resolution as defined
in section
4511.181 of the Revised Code.
Sec. 3937.43. (A) As used in this section:
(1)
"Automobile insurance policies" has the same meaning
as
in section 3937.30 of the Revised Code.
(2)
"Moving violation" means any violation of any statute
or
ordinance that regulates the operation of vehicles,
streetcars, or
trackless trolleys on highways or streets or that
regulates size
or load limitations or fitness requirements of
vehicles.
"Moving
violation" does not include the violation of
any statute,
resolution, or
ordinance that regulates pedestrians or the
parking
of vehicles.
(3)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(B) Every rating plan or schedule of rates for automobile
insurance policies that is filed with the superintendent of
insurance shall provide for an appropriate reduction in premium
charges for any insured or applicant for insurance under the
following conditions:
(1) The applicant or insured is sixty years of age or
older;
(2) The applicant or insured successfully completes a
motor
vehicle accident prevention course, which includes
classroom
instruction and the passing of an examination in
accordance with
both of the following:
(a) The department of public safety shall approve the course
and
the examination. However, the department shall not
approve any
correspondence course or any other course that does
not provide
classroom instruction.
(b) The examination shall include an actual demonstration
of
the applicant's or insured's ability to exercise ordinary and
reasonable control in the operation of a motor vehicle.
(3) The applicant or insured submits to the insurer a
certificate that is issued by the sponsor of the motor vehicle
accident prevention course and attests to the successful
completion of the course by the applicant or insured;
(4) The insurer may consider the driving record of the
applicant or insured in accordance with divisions (C) and (D) of
this section.
(C) In determining whether to grant a reduction in premium
charges in accordance with this section, the insurer may consider
the driving record of the insured or applicant for a three-year
period prior to the successful completion of a motor vehicle
accident prevention course.
(D)(1) Subject to division (D)(2) of this section, every
reduction in premium charges granted in accordance with this
section shall be effective for an insured for a three-year period
after each successful completion of a motor vehicle accident
prevention course.
(2) As a condition of maintaining a reduction in premium
charges granted in accordance with this section, an insurer may
require that the insured, during the three-year period for which
the reduction has been granted, neither be involved in an
accident
for which the insured is primarily at fault, nor be
convicted of
more than one moving violation.
(E) A reduction in premium charges granted in accordance
with
this section shall not become effective until the first full
term
of coverage following the successful completion of a motor
vehicle
accident prevention course in accordance with division
(B)
of this
section.
(F) The director of the department of public safety shall
adopt rules in accordance with Chapter 119. of the Revised Code
that are necessary to carry out the duties of the department under
this section.
(G) This section does not apply to any automobile
insurance
policy issued under an assigned risk plan pursuant to
section
4509.70 of the Revised Code.
(H) This section does not apply to circumstances in which
the
motor vehicle accident prevention course is required by a
court as
a condition of
a
community control sanction imposed for a
moving
violation.
Sec. 4112.02. It shall be an unlawful discriminatory
practice:
(A) For any employer, because of the race, color,
religion,
sex, national origin, disability, age, or
ancestry of any
person,
to discharge without just cause, to refuse to hire, or
otherwise
to discriminate against that person with respect to
hire, tenure,
terms, conditions, or privileges of employment, or
any matter
directly or indirectly related to employment.
(B) For an employment agency or personnel placement
service,
because of race, color, religion, sex, national origin,
disability, age, or ancestry, to do any of the
following:
(1) Refuse or fail to accept, register, classify properly,
or
refer for employment, or otherwise discriminate against any
person;
(2) Comply with a request from an employer for referral of
applicants for employment if the request directly or indirectly
indicates that the employer fails to comply with the provisions
of
sections 4112.01 to 4112.07 of the Revised Code.
(C) For any labor organization to do any of the following:
(1) Limit or classify its membership on the basis of race,
color, religion, sex, national origin, disability, age,
or
ancestry;
(2) Discriminate against, limit the employment
opportunities
of, or otherwise adversely affect the employment
status, wages,
hours, or employment conditions of any person as
an employee
because of race, color, religion, sex, national
origin,
disability, age, or ancestry.
(D) For any employer, labor organization, or joint
labor-management committee controlling apprentice training
programs to discriminate against any person because of race,
color, religion, sex, national origin, disability, or
ancestry in
admission to, or employment in, any program established to
provide
apprentice training.
(E) Except where based on a bona fide occupational
qualification certified in advance by the commission, for any
employer, employment agency, personnel placement service, or
labor
organization, prior to employment or admission to
membership, to
do any of the following:
(1) Elicit or attempt to elicit any information concerning
the race, color, religion, sex, national origin,
disability, age,
or ancestry of an applicant for employment or membership;
(2) Make or keep a record of the race, color, religion,
sex,
national origin, disability, age, or ancestry of
any applicant
for
employment or membership;
(3) Use any form of application for employment, or
personnel
or membership blank, seeking to elicit information
regarding race,
color, religion, sex, national origin,
disability,
age, or
ancestry; but an employer holding a contract containing a
nondiscrimination clause with the government of the United
States,
or any department or agency of that government, may
require an
employee or applicant for employment to furnish
documentary proof
of United States citizenship and may retain
that proof in the
employer's personnel records and may use
photographic or
fingerprint identification for security purposes;
(4) Print or publish or cause to be printed or published
any
notice or advertisement relating to employment or membership
indicating any preference, limitation, specification, or
discrimination, based upon race, color, religion, sex, national
origin, disability, age, or ancestry;
(5) Announce or follow a policy of denying or limiting,
through a quota system or otherwise, employment or membership
opportunities of any group because of the race, color, religion,
sex, national origin, disability, age, or ancestry of
that group;
(6) Utilize in the recruitment or hiring of persons any
employment agency, personnel placement service, training school
or
center, labor organization, or any other employee-referring
source
known to discriminate against persons because of their
race,
color, religion, sex, national origin,
disability, age, or
ancestry.
(F) For any person seeking employment to publish or cause
to
be published any advertisement that specifies or in any manner
indicates that person's race, color, religion, sex, national
origin, disability, age, or ancestry, or expresses a
limitation or
preference as to the race, color, religion, sex, national origin,
disability, age, or ancestry of any prospective
employer.
(G) For any proprietor or any employee, keeper, or manager
of
a place of public accommodation to deny to any person, except
for
reasons applicable alike to all persons regardless of race,
color,
religion, sex, national origin, disability, age, or
ancestry, the
full enjoyment of the accommodations, advantages,
facilities, or
privileges of the place of public accommodation.
(H) For any person to do any of the following:
(1) Refuse to sell, transfer, assign, rent, lease,
sublease,
or finance housing accommodations, refuse to negotiate
for the
sale or rental of housing accommodations, or otherwise
deny or
make unavailable housing accommodations because of race,
color,
religion, sex, familial status, ancestry,
disability, or
national
origin;
(2) Represent to any person that housing accommodations
are
not available for inspection, sale, or rental, when in fact
they
are available, because of race, color, religion, sex,
familial
status, ancestry, disability, or national
origin;
(3) Discriminate against any person in the making or
purchasing of loans or the provision of other financial
assistance
for the acquisition, construction, rehabilitation,
repair, or
maintenance of housing accommodations, or any person
in the making
or purchasing of loans or the provision of other
financial
assistance that is secured by residential real estate,
because of
race, color, religion, sex, familial status, ancestry,
disability,
or national origin or because of the racial
composition
of the
neighborhood in which the housing accommodations are
located,
provided that the person, whether an individual,
corporation, or
association of any type, lends money as one of
the principal
aspects or incident to the person's principal business and
not
only as a part of the purchase price of an owner-occupied
residence the person is selling nor merely casually or
occasionally to a
relative or friend;
(4) Discriminate against any person in the terms or
conditions of selling, transferring, assigning, renting, leasing,
or subleasing any housing accommodations or in furnishing
facilities, services, or privileges in connection with the
ownership, occupancy, or use of any housing accommodations,
including the sale of fire, extended coverage, or homeowners
insurance, because of race, color, religion, sex, familial
status,
ancestry, disability, or national origin or
because of the
racial
composition of the neighborhood in which the housing
accommodations are located;
(5) Discriminate against any person in the terms or
conditions of any loan of money, whether or not secured by
mortgage or otherwise, for the acquisition, construction,
rehabilitation, repair, or maintenance of housing accommodations
because of race, color, religion, sex, familial status, ancestry,
disability, or national origin or because of the racial
composition
of the neighborhood in which the housing
accommodations are
located;
(6) Refuse to consider without prejudice the combined
income
of both husband and wife for the purpose of extending
mortgage
credit to a married couple or either member of a married
couple;
(7) Print, publish, or circulate any statement or
advertisement, or make or cause to be made any statement or
advertisement, relating to the sale, transfer, assignment,
rental,
lease, sublease, or acquisition of any housing
accommodations, or
relating to the loan of money, whether or not
secured by mortgage
or otherwise, for the acquisition,
construction, rehabilitation,
repair, or maintenance of housing
accommodations, that indicates
any preference, limitation,
specification, or discrimination based
upon race, color,
religion, sex, familial status, ancestry,
disability,
or national
origin, or an intention to make any such
preference, limitation,
specification, or discrimination;
(8) Except as otherwise provided in division (H)(8) or
(17)
of this section, make any inquiry, elicit any information,
make or
keep any record, or use any form of application
containing
questions or entries concerning race, color, religion,
sex,
familial status, ancestry, disability, or national
origin in
connection with the sale or lease of any housing accommodations
or
the loan of any money, whether or not secured by mortgage or
otherwise, for the acquisition, construction, rehabilitation,
repair, or maintenance of housing accommodations. Any person may
make inquiries, and make and keep records, concerning race,
color,
religion, sex, familial status, ancestry,
disability, or
national
origin for the purpose of monitoring compliance with
this chapter.
(9) Include in any transfer, rental, or lease of housing
accommodations any restrictive covenant, or honor or exercise, or
attempt to honor or exercise, any restrictive covenant;
(10) Induce or solicit, or attempt to induce or solicit, a
housing accommodations listing, sale, or transaction by
representing that a change has occurred or may occur with respect
to the racial, religious, sexual, familial status, or ethnic
composition of the block, neighborhood, or other area in which
the
housing accommodations are located, or induce or solicit, or
attempt to induce or solicit, a housing accommodations listing,
sale, or transaction by representing that the presence or
anticipated presence of persons of any race, color, religion,
sex,
familial status, ancestry, disability, or national
origin, in
the
block, neighborhood, or other area will or may have results
including, but not limited to, the following:
(a) The lowering of property values;
(b) A change in the racial, religious, sexual, familial
status, or ethnic composition of the block, neighborhood, or
other
area;
(c) An increase in criminal or antisocial behavior in the
block, neighborhood, or other area;
(d) A decline in the quality of the schools serving the
block, neighborhood, or other area.
(11) Deny any person access to or membership or
participation
in any multiple-listing service, real estate
brokers'
organization, or other service, organization, or
facility
relating
to the business of selling or renting housing
accommodations, or
discriminate against any person in the terms
or
conditions of that
access, membership, or participation, on
account of race, color,
religion, sex, familial status, national
origin, disability, or
ancestry;
(12) Coerce, intimidate, threaten, or interfere with any
person in the exercise or enjoyment of, or on account of that
person's having exercised or enjoyed or having aided or
encouraged
any other person in the exercise or enjoyment of, any
right
granted or protected by division (H) of this section;
(13) Discourage or attempt to discourage the purchase by a
prospective purchaser of housing accommodations, by representing
that any block, neighborhood, or other area has undergone or
might
undergo a change with respect to its religious, racial,
sexual,
familial status, or ethnic composition;
(14) Refuse to sell, transfer, assign, rent, lease,
sublease,
or finance, or otherwise deny or withhold, a burial lot
from any
person because of the race, color, sex, familial status,
age,
ancestry, disability, or national origin of any
prospective
owner
or user of the lot;
(15) Discriminate in the sale or rental of, or otherwise
make
unavailable or deny, housing accommodations to any buyer or
renter
because of a disability of any of the following:
(b) A person residing in or intending to reside in the
housing accommodations after they are sold, rented, or made
available;
(c) Any individual associated with the person described in
division (H)(15)(b) of this section.
(16) Discriminate in the terms, conditions, or privileges
of
the sale or rental of housing accommodations to any person or
in
the provision of services or facilities to any person in
connection with the housing accommodations because of a
disability
of any of the following:
(b) A person residing in or intending to reside in the
housing accommodations after they are sold, rented, or made
available;
(c) Any individual associated with the person described in
division (H)(16)(b) of this section.
(17) Except as otherwise provided in division (H)(17) of
this
section, make an inquiry to determine whether an applicant
for the
sale or rental of housing accommodations, a person
residing in or
intending to reside in the housing accommodations
after they are
sold, rented, or made available, or any individual
associated with
that person has a disability, or make
an inquiry
to
determine the
nature or severity of a disability of the
applicant
or such a
person or individual. The following inquiries
may be
made of all
applicants for the sale or rental of housing
accommodations,
regardless of whether they have
disabilities:
(a) An inquiry into an applicant's ability to meet the
requirements of ownership or tenancy;
(b) An inquiry to determine whether an applicant is
qualified
for housing accommodations available only to persons
with
disabilities or persons with a particular type of
disability;
(c) An inquiry to determine whether an applicant is
qualified
for a priority available to persons with
disabilities or
persons
with a particular type of disability;
(d) An inquiry to determine whether an applicant currently
uses a controlled substance in violation of section 2925.11 of
the
Revised Code or a substantively comparable municipal
ordinance or
township resolution;
(e) An inquiry to determine whether an applicant at any
time
has been convicted of or pleaded guilty to any offense, an element
of
which is the illegal sale, offer to sell, cultivation,
manufacture, other
production,
shipment, transportation, delivery,
or other distribution of a
controlled substance.
(18)(a) Refuse to permit, at the expense of a
person with a
disability, reasonable modifications of existing housing
accommodations that are occupied or to be occupied by the
person
with a disability, if the modifications may
be necessary to
afford
the person with a disability full enjoyment
of the housing
accommodations. This division does not preclude a landlord of
housing accommodations that are rented or to be rented to a
disabled tenant from conditioning permission for a
proposed
modification upon the disabled tenant's doing one or
more of
the
following:
(i) Providing a reasonable description of the proposed
modification and reasonable assurances that the proposed
modification will be made in a workerlike manner and
that any
required building permits will be obtained prior to the
commencement of the proposed modification;
(ii) Agreeing to restore at the end of the tenancy the
interior of the housing accommodations to the condition they were
in prior to the proposed modification, but subject to reasonable
wear and tear during the period of occupancy, if it is reasonable
for the landlord to condition permission for the proposed
modification upon the agreement;
(iii) Paying into an interest-bearing escrow account that
is
in the landlord's name, over a reasonable period of time, a
reasonable amount of money not to exceed the projected costs at
the end of the tenancy of the restoration of the interior of the
housing accommodations to the condition they were in prior to the
proposed modification, but subject to reasonable wear and tear
during the period of occupancy, if the landlord finds the account
reasonably necessary to ensure the availability of funds for the
restoration work. The interest earned in connection with an
escrow
account described in this division shall accrue to the
benefit of
the disabled tenant who makes payments
into the
account.
(b) A landlord shall not condition permission for a
proposed
modification upon a disabled tenant's
payment of a
security
deposit that exceeds the customarily required security
deposit of
all tenants of the particular housing accommodations.
(19) Refuse to make reasonable accommodations in rules,
policies, practices, or services when necessary to afford a
person
with a disability equal opportunity to use
and enjoy a dwelling
unit, including associated public and common use areas;
(20) Fail to comply with the standards and rules adopted
under division (A) of section 3781.111 of the Revised Code;
(21) Discriminate against any person in the selling,
brokering, or appraising of real property because of race, color,
religion, sex, familial status, ancestry, disability,
or national
origin;
(22) Fail to design and construct covered multifamily
dwellings for first occupancy on or after June 30, 1992, in
accordance with the following conditions:
(a) The dwellings shall have at least one building
entrance
on an accessible route, unless it is impractical to do
so because
of the terrain or unusual characteristics of the site.
(b) With respect to dwellings that have a building
entrance
on an accessible route, all of the following apply:
(i) The public use areas and common use areas of the
dwellings shall be readily accessible to and usable by
persons
with a disability.
(ii) All the doors designed to allow passage into and
within
all premises shall be sufficiently wide to allow passage
by
persons with a disability who are in wheelchairs.
(iii) All premises within covered multifamily dwelling
units
shall contain an accessible route into and through the
dwelling;
all light switches, electrical outlets, thermostats,
and other
environmental controls within such units shall be in
accessible
locations; the bathroom walls within such units shall
contain
reinforcements to allow later installation of grab bars;
and the
kitchens and bathrooms within such units shall be
designed and
constructed in a manner that enables an individual
in a wheelchair
to maneuver about such rooms.
For purposes of division (H)(22) of this section, "covered
multifamily dwellings" means buildings consisting of four or more
units if such buildings have one or more elevators and ground
floor units in other buildings consisting of four or more units.
(I) For any person to discriminate in any manner against
any
other person because that person has opposed any unlawful
discriminatory practice defined in this section or because that
person has made a charge, testified, assisted, or participated in
any manner in any investigation, proceeding, or hearing under
sections 4112.01 to 4112.07 of the Revised Code.
(J) For any person to aid, abet, incite, compel, or coerce
the doing of any act declared by this section to be an unlawful
discriminatory practice, to obstruct or prevent any person from
complying with this chapter or any order issued under it, or to
attempt directly or indirectly to commit any act declared by this
section to be an unlawful discriminatory practice.
(K)(1) Nothing in division (H) of this section shall bar
any
religious or denominational institution or organization, or
any
nonprofit charitable or educational organization that is
operated,
supervised, or controlled by or in connection with a
religious
organization, from limiting the sale, rental, or
occupancy of
housing accommodations that it owns or operates for
other than a
commercial purpose to persons of the same religion,
or from giving
preference in the sale, rental, or occupancy of
such housing
accommodations to persons of the same religion,
unless membership
in the religion is restricted on account of
race, color, or
national origin.
(2) Nothing in division (H) of this section shall bar any
bona fide private or fraternal organization that, incidental to
its primary purpose, owns or operates lodgings for other than a
commercial purpose, from limiting the rental or occupancy of the
lodgings to its members or from giving preference to its members.
(3) Nothing in division (H) of this section limits the
applicability of any reasonable local, state, or federal
restrictions regarding the maximum number of occupants permitted
to occupy housing accommodations. Nothing in that division
prohibits the owners or managers of housing accommodations from
implementing reasonable occupancy standards based on the number
and size of sleeping areas or bedrooms and the overall size of a
dwelling unit, provided that the standards are not implemented to
circumvent the purposes of this chapter and are formulated,
implemented, and interpreted in a manner consistent with this
chapter and any applicable local, state, or federal restrictions
regarding the maximum number of occupants permitted to occupy
housing accommodations.
(4) Nothing in division (H) of this section requires that
housing accommodations be made available to an individual whose
tenancy would constitute a direct threat to the health or safety
of other individuals or whose tenancy would result in substantial
physical damage to the property of others.
(5) Nothing in division (H) of this section pertaining to
discrimination on the basis of familial status shall be construed
to apply to any of the following:
(a) Housing accommodations provided under any state or
federal program that have been determined under the "Fair Housing
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as
amended, to be specifically designed and operated to assist
elderly persons;
(b) Housing accommodations intended for and solely
occupied
by persons who are sixty-two years of age or older;
(c) Housing accommodations intended and operated for
occupancy by at least one person who is fifty-five years of age
or
older per unit, as determined under the "Fair Housing
Amendments
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as
amended.
(L) Nothing in divisions (A) to (E) of this section shall
be
construed to require a person with a disability
to be employed or
trained under circumstances that would significantly increase the
occupational hazards affecting either the person with a
disability,
other employees, the general public, or the facilities
in which
the work is to be performed, or to require the employment
or
training of a person with a disability in a job that
requires
the person with a disability
routinely to undertake any task, the
performance of which is
substantially and inherently impaired by
the person's
disability.
(M) Nothing in divisions (H)(1) to (18) of this section
shall
be construed to require any person selling or renting
property to
modify the property in any way or to exercise a
higher
degree of
care for a person with a
disability, to relieve
any
person with a
disability of any obligation
generally imposed on
all
persons
regardless of disability in a written lease,
rental
agreement, or
contract of purchase or sale, or to forbid
distinctions based on
the inability to fulfill the terms and
conditions, including
financial obligations, of the lease,
agreement, or contract.
(N) An aggrieved individual may enforce the individual's
rights
relative to discrimination on the basis of age as provided
for in
this section by instituting a civil action, within
one
hundred eighty days after the
alleged unlawful
discriminatory
practice
occurred, in any court with jurisdiction
for any legal or
equitable relief that will effectuate the
individual's rights.
A person who files a civil action under this division is
barred, with respect to the practices complained of, from
instituting a civil action under section 4112.14 of the Revised
Code and from filing a charge with the commission under section
4112.05 of the Revised Code.
(O) With regard to age, it shall not be an unlawful
discriminatory practice and it shall not constitute a violation
of
division (A) of section 4112.14 of the Revised Code for any
employer, employment agency, joint labor-management committee
controlling apprenticeship training programs, or labor
organization to do any of the following:
(1) Establish bona fide employment qualifications
reasonably
related to the particular business or occupation that
may include
standards for skill, aptitude, physical capability,
intelligence,
education, maturation, and experience;
(2) Observe the terms of a bona fide seniority system or
any
bona fide employee benefit plan, including, but not limited
to, a
retirement, pension, or insurance plan, that is not a
subterfuge
to evade the purposes of this section. However, no
such employee
benefit plan shall excuse the failure to hire any
individual, and
no such seniority system or employee benefit plan
shall require or
permit the involuntary retirement of any
individual, because of
the individual's age except as provided for in the "Age
Discrimination in Employment Act Amendment of 1978," 92 Stat.
189,
29 U.S.C.A. 623, as amended by the "Age Discrimination in
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.
623, as amended.
(3) Retire an employee who has attained sixty-five years
of
age who, for the two-year period immediately before
retirement, is
employed in a bona fide executive or a high
policymaking position,
if the employee is entitled to an
immediate nonforfeitable annual
retirement benefit from a
pension, profit-sharing, savings, or
deferred compensation plan,
or any combination of those plans, of
the employer of the
employee, which equals, in the aggregate, at
least forty-four
thousand dollars, in accordance with the
conditions of the "Age
Discrimination in Employment Act Amendment
of 1978," 92 Stat.
189, 29 U.S.C.A. 631, as amended by the "Age
Discrimination in
Employment Act Amendments of 1986," 100 Stat.
3342, 29 U.S.C.A.
631, as amended;
(4) Observe the terms of any bona fide apprenticeship
program
if the program is registered with the Ohio apprenticeship
council
pursuant to sections 4139.01 to 4139.06 of the Revised
Code and is
approved by the federal committee on apprenticeship
of
the United
States department of labor.
(P) Nothing in this chapter prohibiting age discrimination
and nothing in division (A) of section 4112.14 of the Revised
Code
shall be construed to prohibit the following:
(1) The designation of uniform age the attainment of which
is
necessary for public employees to receive pension or other
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,
or 5505. of the Revised Code;
(2) The mandatory retirement of uniformed patrol officers
of
the state highway patrol as provided in section 5505.16 of the
Revised Code;
(3) The maximum age requirements for appointment as a
patrol
officer in the state highway patrol established by section
5503.01
of the Revised Code;
(4) The maximum age requirements established for original
appointment to a police department or fire department in sections
124.41 and 124.42 of the Revised Code;
(5) Any maximum age not in conflict with federal law that
may
be established by a municipal charter, municipal ordinance,
or
resolution of a board of township trustees for original
appointment as a police officer or firefighter;
(6) Any mandatory retirement provision not in conflict
with
federal law of a municipal charter, municipal ordinance, or
resolution of a board of township trustees pertaining to police
officers and firefighters;
(7) Until January 1, 1994, the mandatory retirement of any
employee who has attained seventy years of age and who is serving
under a contract of unlimited tenure, or similar arrangement
providing for unlimited tenure, at an institution of higher
education as defined in the "Education Amendments of 1980," 94
Stat. 1503, 20 U.S.C.A. 1141(a).
(Q)(1)(a) Except as provided in division (Q)(1)(b) of this
section, for purposes of divisions (A) to (E) of this section, a
disability does not include any physiological disorder
or
condition, mental or psychological disorder, or disease or
condition caused by an illegal use of any controlled substance by
an employee, applicant, or other person, if an employer,
employment agency, personnel placement service, labor
organization, or joint labor-management committee acts on the
basis of that illegal use.
(b) Division (Q)(1)(a) of this section does not apply to
an
employee, applicant, or other person who satisfies any of the
following:
(i) The employee, applicant, or other person has
successfully
completed a
supervised drug
rehabilitation program
and no longer
is engaging in the illegal
use of any controlled
substance, or the
employee, applicant, or
other person otherwise
successfully has
been rehabilitated and no longer is engaging in
that illegal use.
(ii) The employee, applicant, or other person is
participating in a
supervised drug
rehabilitation program and no
longer is engaging in the illegal
use of any controlled substance.
(iii) The employee, applicant, or other person is
erroneously
regarded as
engaging in the
illegal use of any
controlled
substance, but the employee,
applicant, or other person
is not
engaging
in that illegal use.
(2) Divisions (A) to (E) of this section do not prohibit
an
employer, employment agency, personnel placement service,
labor
organization, or joint labor-management committee from
doing any
of the following:
(a) Adopting or administering reasonable policies or
procedures, including, but not limited to, testing for the
illegal
use of any controlled substance, that are designed to
ensure that
an individual described in division (Q)(1)(b)(i) or
(ii) of this
section no longer is engaging in the illegal use of
any controlled
substance;
(b) Prohibiting the illegal use of controlled substances
and
the use of alcohol at the workplace by all employees;
(c) Requiring that employees not be under the influence of
alcohol or not be engaged in the illegal use of any controlled
substance at the workplace;
(d) Requiring that employees behave in conformance with
the
requirements established under "The Drug-Free Workplace Act
of
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;
(e) Holding an employee who engages in the illegal use of
any
controlled substance or who is an alcoholic to the same
qualification standards for employment or job performance, and
the
same behavior, to which the employer, employment agency,
personnel
placement service, labor organization, or joint
labor-management
committee holds other employees, even if any
unsatisfactory
performance or behavior is related to an
employee's illegal use of
a controlled substance or alcoholism;
(f) Exercising other authority recognized in the "Americans
with Disabilities
Act of 1990," 104 Stat. 327, 42
U.S.C.A. 12101,
as amended, including, but not limited to,
requiring employees to
comply with any applicable federal
standards.
(3) For purposes of this chapter, a test to determine the
illegal use of any controlled substance does not include a
medical
examination.
(4) Division (Q) of this section does not encourage,
prohibit, or authorize, and shall not be construed as
encouraging,
prohibiting, or authorizing, the conduct of testing
for the
illegal use of any controlled substance by employees,
applicants,
or other persons, or the making of employment
decisions based on
the results of that type of testing.
"Sec. 4113.52. (A)(1)(a) If an employee becomes aware in
the
course of
the employee's
employment of a violation of any
state
or
federal statute or any ordinance, resolution, or regulation of a
political
subdivision that
the employee's employer has
authority
to
correct, and the
employee reasonably believes that
the
violation
is a
criminal offense that is likely to cause
an
imminent
risk of
physical harm to persons or a hazard to public
health or
safety, a felony, or an improper solicitation for a
contribution, the employee orally shall notify
the
employee's
supervisor
or other responsible officer of
the
employee's employer
of the
violation and
subsequently shall
file
with that supervisor
or officer a written
report that
provides
sufficient detail to
identify and describe
the violation.
If the
employer does not
correct the violation or
make a
reasonable and
good faith effort
to correct the violation
within
twenty-four
hours after the oral
notification or the
receipt of
the report,
whichever is earlier,
the employee may
file a written
report that
provides sufficient
detail to identify
and describe
the violation
with the prosecuting
authority of the
county or
municipal
corporation
where the
violation
occurred,
with
a peace
officer,
with the inspector
general if the violation
is
within
the
inspector general's
jurisdiction, or with any other
appropriate
public
official or
agency that has regulatory
authority over the
employer and the
industry, trade, or business
in which
the
employer
is
engaged.
(b) If an employee makes a report under division (A)(1)(a)
of
this section, the employer, within twenty-four hours after the
oral notification was made or the report was received or by the
close of business on the next regular business day following the
day on which the oral notification was made or the report was
received, whichever is later, shall notify the employee, in
writing, of any effort of the employer to correct the alleged
violation or hazard or of the absence of the alleged violation or
hazard.
(2) If an employee becomes aware in the course of
the
employee's
employment of a violation of chapter 3704., 3734.,
6109.,
or
6111.
of the
Revised Code that is a criminal offense,
the
employee directly may notify, either orally or in writing, any
appropriate public official or agency that has regulatory
authority over the employer and the industry, trade, or business
in which
the employer is engaged.
(3) If an employee becomes aware in the course of
the
employee's
employment of a violation by a fellow employee of any
state or
federal statute, any ordinance, resolution, or regulation
of a
political
subdivision, or any work rule or company policy of
the
employee's
employer
and the employee reasonably believes
that
the
violation is
a criminal offense that is likely to
cause
an
imminent risk of
physical harm to persons or a hazard to
public
health or safety, a felony, or an improper solicitation for a
contribution, the employee orally shall
notify
the employee's
supervisor
or other responsible officer
of
the
employee's employer
of the
violation and
subsequently
shall
file
with that supervisor
or officer a written
report that
provides
sufficient detail to
identify and describe
the violation.
(B) Except as otherwise provided in division (C) of this
section, no employer shall take any disciplinary or retaliatory
action against an employee for making any report authorized by
division (A)(1) or (2) of this section, or as a result of the
employee's having made any inquiry or taken any other action to
ensure the accuracy of any information reported under either such
division. No employer shall take any
disciplinary or retaliatory
action against an employee for making
any report authorized by
division (A)(3) of this section if the
employee made a reasonable
and good faith effort to determine the
accuracy of any
information
so reported, or as a result of the
employee's having
made any
inquiry or taken any other action to
ensure the accuracy
of any
information reported under that
division. For purposes of
this
division, disciplinary or
retaliatory action by the employer
includes, without limitation, doing any of
the following:
(1) Removing or suspending the employee from employment;
(2) Withholding from the employee salary increases or
employee benefits to which the employee is otherwise
entitled;
(3) Transferring or reassigning the employee;
(4) Denying the employee a promotion that otherwise would
have been received;
(5) Reducing the employee in pay or position.
(C) An employee shall make a reasonable and good faith
effort
to determine the accuracy of any information reported
under
division (A)(1) or (2) of this section. If the employee
who makes
a report under either division
fails to make
such an
effort,
the
employee may be subject to
disciplinary action by
the
employee's
employer,
including
suspension or removal, for
reporting
information
without a
reasonable basis to do so under
division
(A)(1) or (2)
of this
section.
(D) If an employer takes any disciplinary or retaliatory
action against an employee as a result of the employee's having
filed a report under division (A) of this section, the employee
may bring a civil action for appropriate injunctive relief or for
the remedies set forth in division (E) of this section, or both,
within one hundred eighty days after the date the disciplinary or
retaliatory action was taken, in a court of common pleas in
accordance with the Rules of Civil Procedure. A civil action
under
this division is not available to an employee as a remedy
for any
disciplinary or retaliatory action taken by an appointing
authority against the employee as a result of the employee's
having filed a report under division (A) of section 124.341 of
the
Revised Code.
(E) The court, in rendering a judgment for the employee in
an
action brought pursuant to division (D) of this section, may
order, as it determines appropriate, reinstatement of the
employee
to the same position
that the employee held at the time of
the
disciplinary or retaliatory action and at the same site of
employment or to a comparable position at that site, the payment
of back wages, full reinstatement of fringe benefits and
seniority
rights, or any combination of these remedies. The
court also may
award the prevailing party all or a portion of the
costs of
litigation and, if the employee who brought the action
prevails
in
the action, may award the prevailing employee
reasonable
attorney's fees, witness fees, and fees for experts
who testify at
trial, in an amount the court determines
appropriate. If the
court
determines that an employer
deliberately has violated
division (B)
of this section, the
court, in making an award of
back pay, may
include interest at
the rate specified in section
1343.03 of the
Revised Code.
(F) Any report filed with the inspector general under this
section shall be filed as a complaint in accordance with section
121.46 of the Revised Code.
(G) As used in this section:
(1) "Contribution" has the same meaning as in section 3517.01
of the Revised Code.
(2) "Improper solicitation for a contribution" means a
solicitation for a contribution that satisfies all of the
following:
(a) The solicitation violates division (B), (C), or (D) of
section 3517.092 of the Revised Code;
(b) The solicitation is made in person by a public official
or by an employee who has a supervisory role within the public
office;
(c) The public official or employee knowingly made the
solicitation, and the solicitation violates division (B), (C), or
(D) of section 3517.092 of the Revised Code;
(d) The employee reporting the solicitation is an employee of
the same public office as the public official or the employee with
the supervisory role who is making the solicitation.
Sec. 4301.252. (A)(1) Except as provided in divisions
(A)(2)(d), (B),
and (C) of this section, when the liquor control
commission
determines that the permit of any permit holder is to
be
suspended under Title XLIII of the Revised Code or any rule of
the commission, the commission may issue an order allowing a
permit holder to elect to pay a forfeiture for each day of the
suspension in accordance with division (A)(2) of this section,
rather than to suspend operations under the permit holder's
permit
issued for the
premises at which the violation occurred.
(2)(a) If the permit holder has not violated, at the
premises
for which the permit holder's permit was issued,
any provision of
Title
XLIII of the Revised Code or rule of the commission during
the
preceding two years, the amount of the forfeiture for each day
for the suspension shall be from one hundred to two hundred
dollars.
(b) If the permit holder has violated, at the premises for
which the permit holder's permit was issued, any provision
of
Title XLIII of the
Revised Code or rule of the commission for
which the permit
holder has been disciplined by the commission not
more than one other time
during the preceding two years, the
amount of the forfeiture for each
day of the suspension shall be
from two hundred to four hundred
dollars.
(c) Except as provided under division (A)(2)(e) of this
section, if the permit holder has violated, at the
premises for
which the permit holder's permit was issued,
any provision of
Title
XLIII of the Revised Code or rule of the commission for
which
the permit holder has been disciplined by the commission
more than
once, but not
more than twice, during the preceding two
years, the commission
shall establish the amount of the forfeiture
for each day of the
suspension, but the amount shall be not less
than three hundred
dollars for each day of suspension.
(d) If the permit holder has violated, at the
premises for
which the permit holder's permit was issued,
any provision of
Title
XLIII of the Revised Code or rule of the commission for
which the
permit holder has been disciplined by the commission
more than twice
during the
preceding two years, the commission may
suspend or revoke the
permit issued for the premises at which the
violation occurred,
or the commission shall establish the amount
of the forfeiture for each day of a suspension, but the amount
shall not be less than five hundred dollars for each day of
suspension. The commission, and not the permit holder, shall
determine whether the permit holder shall pay the forfeiture so
established for a suspension instead of having the permit holder's
permit suspended or revoked.
(e) If the permit holder has committed, at the premises
for
which the permit holder's permit was issued, a gambling
offense as
defined in
section 2915.01, a drug abuse offense as defined in
section
2925.01, or an offense described in section 2907.07,
2907.21,
2907.22, 2907.23, 2907.24, or 2907.25, division (A) or
(B) of section 4301.22, or
section
4301.69 of the Revised Code or
a municipal ordinance or township resolution
substantially
equivalent to any offense defined or described in a
section or
division listed in division (A)(2)(e) of this section for which
the permit holder has been disciplined by the commission more than
once,
but not
more than twice, during the preceding two years, the
commission
may suspend or revoke the permit issued for the
premises at which
the violation occurred. A person does not have
to plead guilty to or
be convicted of an offense defined or
described in a section or division listed
in division (A)(2)(e) of
this section in order for this division
to apply.
(3) When the commission issues an order allowing a permit
holder the option of paying a forfeiture rather than suspending
operations under the permit holder's permit issued for the
premises at which the
violation occurred, the order shall notify
the permit holder of
the option of paying a forfeiture. The order
shall state the
number of days for which the permit may be
suspended, that
the permit holder has twenty-one days after the
date on which the
order is sent to pay the full amount of the
forfeiture by bank check,
certified check, or money order, and
that, if the permit holder does not do so,
the permit holder's
permit issued
for the premises at which the violation occurred
shall be
suspended for the period stated in the order. If the
permit
holder fails to pay the full amount of the forfeiture by
bank check,
certified check, or money order within twenty-one days
after the date on which
the order is sent, the commission shall
issue an order
suspending the permit holder's permit issued for
the
premises at which the
violation occurred for the period stated
in the order allowing
payment of a forfeiture. The suspension
shall be effective
on the twenty-eighth day after the date on
which the order allowing
the payment of a forfeiture is sent. Even
a permit holder who
pays a forfeiture may file an appeal under
section
119.12 of the Revised Code. A permit holder shall be
considered
to have paid a forfeiture when the permit holder's bank
check, certified
check, or money order is received by
the
commission in Columbus. Upon receipt of a permit holder's bank
check,
certified check, or money order under this division, the
commission shall
promptly notify the division of liquor control of
its receipt.
(B) No permit holder shall be permitted to pay a
forfeiture
instead of having the permit holder's permit
issued for the
premises
at which the violation occurred suspended if the
suspension is
ordered for the reasons stated in division (A)(6) of
section
4301.25 of the Revised Code.
(C) When the evidence and the nature of any violation of
Title XLIII of the Revised Code show that continued operation of
the permit premises presents a clear and present danger to public
health and safety, or if the commission finds, upon reliable,
probative, and substantial evidence, that the statutory elements
of a felony committed in connection with the operation of the
permit premises are present in the action for which the permit
holder is being disciplined, the commission may suspend the
permit
issued for the premises at which the violation occurred
and shall
not allow the permit holder to pay a forfeiture instead
of
suspending the permit holder's permit operations.
(D) Except as provided in this division, when the commission
determines that the permit of any permit holder is to be revoked
under Title XLIII of the Revised Code or any rule of the
commission, the commission may issue an order allowing a permit
holder to elect to pay a forfeiture rather than to revoke the
permit holder's permit issued for the premises at which the
violation occurred.
When the commission issues an order allowing a permit holder
the option of paying a forfeiture rather than revoking the permit
holder's permit, the order shall notify the permit holder of the
option of paying a forfeiture. The order shall state the effective
date of the revocation of the permit holder's permit as
twenty-eight days after the date on which the order is sent, that
the permit holder has twenty-one days after the date on which the
order is sent to pay the full amount of the forfeiture by bank
check, certified check, or money order, and that, if the permit
holder does not do so, the permit holder's permit issued for the
premises at which the violation occurred shall be revoked on the
effective date stated in the order. If the permit holder fails to
pay the full amount of the forfeiture by bank check, certified
check, or money order within twenty-one days after the date on
which the order is sent, the commission shall issue an order
revoking the permit holder's permit issued for the premises at
which the violation occurred. The revocation shall be effective
on
the twenty-eighth day after the date on which the order
allowing
the payment of a forfeiture is sent. A permit holder
shall be
considered to have paid a forfeiture when the permit
holder's bank
check, certified check, or money order is received
by the
commission in Columbus. Upon receipt of a permit holder's
bank
check, certified check, or money order, the commission shall
promptly notify the division of liquor control of its receipt.
When the evidence and the nature of any violation of Title
XLIII of the Revised Code show that continued operation of the
permit premises presents a clear and present danger to public
health and safety, or if the commission finds, upon reliable,
probative, and substantial evidence, that the statutory elements
of a felony committed in connection with the operation of the
permit premises are present in the action for which the permit
holder is being disciplined, the commission may revoke the permit
issued for the premises at which the violation occurred and shall
not allow the permit holder to pay a forfeiture instead of
revoking the permit holder's permit.
No permit holder shall be permitted to pay a forfeiture
instead of having the permit holder's permit issued for the
premises at which the violation occurred revoked if the revocation
is ordered for the reasons stated in division (A)(6) or (B) of
section 4301.25 of the Revised Code.
Sec. 4501.11. (A) There is hereby created in the state
treasury the security, investigations, and policing fund.
Notwithstanding
section 5503.04 of the Revised Code, no fines
collected from or money arising
from bonds or bail forfeited by
persons apprehended or arrested by state
highway patrol troopers
shall be credited to the general revenue fund until
sufficient
revenue to fund appropriations for the activities described under
division (B) of this section are credited to the security,
investigations, and
policing fund. All investment earnings of the
security, investigations, and
policing fund shall be credited to
that fund.
This division does not apply to fines for violations of
division (B) of
section 4513.263 of the Revised Code, or to fines
for violations of any
municipal ordinance or township resolution
that is substantively comparable to that division, which
fines
shall be delivered to the treasurer of state as provided in
division (E)
of section 4513.263 of the Revised Code.
(B) The money credited to the security, investigations, and
policing fund
shall be used to pay the costs of:
(1) Providing security for the governor, other officials
and
dignitaries, the capitol square, and other state property
pursuant
to division (E) of section 5503.02 of the Revised Code;
(2) Undertaking major criminal investigations that involve
state property interests;
(3) Providing traffic control and security for the Ohio
expositions
commission on a full-time, year-round basis;
(4) Performing nonhighway-related duties of the state highway
patrol at the
Ohio state fair;
(5) Coordinating homeland security activities.
Sec. 4503.13. (A) A municipal court, county court, or
mayor's community court, at the
court's discretion,
may order the
clerk of the court
to send to the registrar of motor vehicles a
report containing the name,
address, and such other
information as
the registrar may require by rule, of any person for whom an
arrest warrant has been issued by that court and is outstanding.
Upon receipt of such a report, the registrar shall enter the
information
contained in the report into the records of the bureau
of motor vehicles.
Neither the registrar nor any deputy registrar
shall issue a certificate of
registration for a motor vehicle
owner or lessee, when a lessee is
determinable under procedures
established by the registrar under division (E) of this section,
who is named in the
report until the registrar receives
notification from the municipal court,
county court, or mayor's
community court that there are no
outstanding arrest warrants in
the name of the person. The registrar also
shall send a notice to
the person who is named in the report, via regular
first class
mail sent to the person's last known address as shown in the
records of the bureau, informing the person that neither the
registrar nor any
deputy registrar is permitted to issue a
certificate of registration for a
motor vehicle in the name of the
person until the registrar receives
notification that there are no
outstanding arrest warrants in the name of the
person.
(B) A clerk who reports an outstanding
arrest warrant in
accordance with division (A)
of this section immediately shall
notify the registrar when the warrant has
been executed and
returned to the issuing
court or has been canceled.
Upon receipt of such notification, the registrar shall charge
and collect from the
person named in the executed or canceled
arrest warrant a processing fee of
fifteen dollars to cover the
costs of the bureau in administering this
section. The registrar
shall deposit all such processing fees into the state bureau of
motor vehicles fund created by
section 4501.25 of the Revised
Code.
Upon payment of the processing fee, the registrar
shall cause
the report of that outstanding arrest warrant to be removed from
the records of the bureau and, if there are no other outstanding
arrest
warrants issued by a municipal court, county court, or
mayor's community court in the name of the person
and the person
otherwise is eligible to be
issued a certificate of registration
for a motor vehicle, the registrar or a
deputy registrar may issue
a certificate of registration for a motor vehicle
in
the name of
the person named in the executed or canceled arrest warrant.
(C) Neither the registrar, any employee
of the bureau, a
deputy registrar, nor any employee of a deputy registrar is
personally liable for damages or injuries resulting from any error
made by a
clerk in entering information contained in a report
submitted to the registrar
under this section.
(D) Any information submitted to the registrar by a clerk
under
this section shall be transmitted by means of an electronic
data transfer
system.
(E) The registrar shall determine the procedures and
information
necessary to implement this section in regard to motor
vehicle lessees.
Division (A) of this section shall not apply to
cases involving a
motor vehicle lessee until such procedures are
established.
Sec. 4503.233. (A)(1)
If a court orders the
immobilization
of
a
vehicle for a specified period of time
pursuant to
section
4510.11,
4510.14,
4510.16, 4510.161,
4510.41,
4511.19,
4511.193,
or
4511.203
of the Revised Code, the court
shall issue
the
immobilization
order
in
accordance with this division and for
the
period of time
specified
in the particular
section, and
the
immobilization
under
the order shall be in accordance with this
section. The court, at
the time of sentencing the offender for
the
offense relative to
which the immobilization order is issued
or as
soon thereafter as
is practicable, shall give a copy of the
order
to the offender or
the offender's counsel. The court
promptly
shall send a copy of
the
order
to the registrar on a form
prescribed
by the registrar
and
to the
person or agency it
designates to execute the
order.
The order shall indicate the date on which it is issued,
shall identify the vehicle that is subject to the order, and
shall
specify all of the following:
(a) The period of the immobilization;
(b) The place at which the court determines that the
immobilization shall be carried out, provided that the court
shall
not determine and shall not specify that the immobilization
is to
be carried out at any place other than a commercially
operated
private storage lot, a place owned by a law enforcement
or other
government agency, or a place to which one of the
following
applies:
(i) The place is leased by or otherwise under the control
of
a law enforcement or other government agency.
(ii) The place is owned by the offender, the offender's
spouse, or a parent or child of the offender.
(iii) The place is owned by a private person or entity,
and,
prior to the issuance of the order, the private entity or
person
that owns the place, or the authorized agent of that
private
entity or person, has given express written consent for
the
immobilization to be carried out at that place.
(iv) The place is a public street or highway on which the
vehicle is parked in accordance with the law.
(c) The person or agency designated by the court to execute
the order,
which shall be either the law enforcement agency that
employs the
law enforcement officer who seized the vehicle, a
bailiff of the court, another person the court determines to be
appropriate to execute the order, or the law enforcement agency
with jurisdiction over the place of residence of the vehicle
owner;
(d) That neither the registrar nor a deputy registrar will
be
permitted to
accept an application for the license plate
registration of any motor vehicle
in the name of the vehicle owner
until the immobilization fee is paid.
(2) The person or agency the court designates to
immobilize
the vehicle shall seize or retain that vehicle's
license plates
and forward them to the bureau of motor vehicles.
(3) In all cases, the
offender
shall be
assessed
an
immobilization fee of one hundred dollars, and the
immobilization
fee shall be paid to the registrar before
the
vehicle may be
released to the
offender.
Neither the
registrar
nor a deputy
registrar shall accept an application for
the registration of any
motor vehicle in the name of the
offender until
the
immobilization
fee is
paid.
(4) If the vehicle subject to the order is
immobilized
pursuant to the order and is found being operated
upon any street
or highway in this state during the
immobilization period, it
shall be seized, removed from the street
or highway, and
criminally forfeited and disposed of
pursuant to section 4503.234
of the Revised Code.
(5) The registrar shall deposit the immobilization fee
into
the law
enforcement reimbursement fund created by section
4501.19
of the Revised
Code. Money in the fund shall be expended
only as
provided in division
(A)(5) of this section. If the
court
designated in the
order a court bailiff or another
appropriate
person other than a
law enforcement officer to
immobilize the
vehicle, the amount of the
fee deposited into the
law enforcement
reimbursement fund shall
be paid out to the county
treasury if the
court that issued the order
is a county court, to
the treasury of
the municipal corporation
served by the court if
the court that
issued the order is a
mayor's community court, or to the city
treasury of
the legislative
authority of the court, both as
defined in section
1901.03 of the
Revised Code, if the court that
issued the order is
a municipal
court. If the court designated a
law enforcement
agency to
immobilize the vehicle and if the law
enforcement agency
immobilizes the
vehicle, the amount of the fee
deposited into the
law enforcement
reimbursement fund shall be
paid out to the law
enforcement agency
to reimburse the agency for
the costs it incurs
in
obtaining immobilization equipment and, if
required, in sending
an officer or other person to search for and
locate the vehicle
specified in the immobilization order and to
immobilize the
vehicle.
In addition to the immobilization fee required to be paid
under division (A)(3) of this section, the
offender
may be
charged
expenses or charges incurred in the
removal and storage of
the
immobilized vehicle.
(B) If a court issues an immobilization
order under division
(A)(1) of this section, the person or
agency designated by the
court to execute the immobilization order
promptly shall
immobilize or continue the immobilization of the
vehicle at the
place specified by the court in the order. The registrar shall
not
authorize the release of the vehicle or authorize the issuance
of
new
identification license plates for the vehicle at the
end of
the immobilization period until the immobilization
fee has been
paid.
(C) Upon receipt of the license plates for a vehicle under
this section, the
registrar shall destroy the license plates. At
the end
of the immobilization period and upon the payment of the
immobilization fee
that must be paid under this section, the
registrar shall authorize the
release of the vehicle
and authorize
the issuance, upon the payment of the same fee as
is required for
the replacement of lost, mutilated, or destroyed
license plates
and certificates of registration,
of new license plates and, if
necessary, a new
certificate of registration to the
offender for
the vehicle
in question.
(D)(1) If a court issues an immobilization order under
division (A) of this
section, the immobilization period
commences
on the day on which the vehicle in question is
immobilized. If
the
vehicle in question had been seized under section
4510.41
or
4511.195 of the Revised Code, the time between the
seizure and the
beginning of the immobilization period shall be
credited
against
the immobilization period
specified in the
immobilization order
issued under
division (A) of this section.
No
vehicle that is
immobilized
under this section is
eligible to have
restricted
license plates
under section 4503.231 of the Revised Code issued
for
that vehicle.
(2) If a court issues an immobilization order under division
(A) of this
section, if the vehicle
subject to the order is
immobilized under the order, and if the
vehicle is found being
operated upon any street or highway of
this state during the
immobilization period, it
shall be seized, removed from the street
or highway, and criminally
forfeited, and disposed of pursuant to
section
4503.234 of the Revised Code. No vehicle that is
forfeited
under
this provision shall be considered contraband for
purposes
of
Chapter 2981. of the Revised
Code, but
shall be held by the law
enforcement agency that employs
the
officer who seized it for
disposal in accordance with section
4503.234 of the Revised Code.
(3) If a court issues an immobilization order under division
(A) of this
section, and if the vehicle is not
claimed within
seven days after the end of the period of
immobilization or if the
offender has not paid the
immobilization fee, the
person or agency
that immobilized
the vehicle shall send a written
notice to the
offender at the
offender's last
known address informing
the
offender
of the date on which the period of
immobilization
ended,
that the
offender has twenty days
after the date of the
notice
to
pay the immobilization fee and
obtain the release of the
vehicle,
and that if
the
offender does not pay the
fee and obtain the
release of the vehicle within that twenty-day
period, the vehicle
will be forfeited under section 4503.234 of
the Revised
Code to
the entity that is entitled to the
immobilization fee.
(4) An
offender whose motor vehicle
is
subject to an
immobilization order issued under division (A)
of
this section
shall not sell the motor vehicle without approval
of
the court
that issued the order. If such an
offender wishes
to sell the
motor vehicle during the
immobilization
period, the
offender
shall
apply to the court that
issued the
immobilization order for
permission to assign the title to the
vehicle. If the court
is
satisfied that the sale will be in good
faith and not for the
purpose of
circumventing the provisions of
division (A)(1) of this
section, it may certify its consent to
the
offender and to
the
registrar. Upon
receipt of the
court's consent, the registrar
shall enter the court's notice
in
the
offender's vehicle license
plate registration
record.
If, during a period of immobilization under an immobilization
order issued
under division (A) of this section, the title to the
immobilized motor
vehicle is transferred by the foreclosure of a
chattel mortgage, a sale upon execution, the cancellation of a
conditional sales contract, or an order of a court, the involved
court shall notify the registrar of the
action, and the registrar
shall enter the court's notice in the
offender's
vehicle
license
plate registration record.
Nothing in this section shall be construed as requiring the
registrar or the
clerk of the court of common pleas to note upon
the certificate of title
records any prohibition regarding the
sale of a motor vehicle.
(5) If the title to a motor vehicle that is subject to an
immobilization order under division (A) of this
section is
assigned or transferred without court approval between
the time of
arrest of the
offender who committed the offense for which such
an
order is to
be issued
and the time of the actual immobilization
of
the
vehicle, the court
shall order that, for a period of two
years
from the date of the
order, neither the registrar nor any
deputy
registrar shall
accept an application for the registration
of any
motor vehicle
in the name of the
offender whose
vehicle
was
assigned or
transferred without court approval.
The court
shall
notify the
registrar of the order on a form
prescribed by
the
registrar for
that purpose.
(6) If the title to a motor vehicle that is subject to an
immobilization order under division (A) of this section is
assigned or transferred without court approval in violation of
division (D)(4) of this section, then, in addition to or
independent of any other penalty established by law, the court may
fine the offender the value of the vehicle as determined by
publications of the national auto dealers association. The
proceeds from any fine so imposed shall be distributed in the same
manner as the proceeds of the sale of a forfeited vehicle are
distributed pursuant to division (C)(2) of section 4503.234 of the
Revised Code.
(E)(1) The court with jurisdiction over the case, after
notice to all interested parties including lienholders, and after
an opportunity for them to be heard, if the
offender
fails
to
appear in person, without good cause, or if the court
finds
that
the
offender does not intend to seek
release
of the
vehicle at
the
end of the period of immobilization
or that the
offender is
not or
will not be able to
pay the
expenses and
charges incurred
in its
removal and storage,
may order that title
to the vehicle be
transferred, in order of
priority, first into
the name of the
entity entitled to the
immobilization fee under
division (A)(5) of
this section, next
into the name of a
lienholder, or lastly, into
the name of the
owner of the place of
storage.
A lienholder that receives title under a
court order shall do
so on the condition that it pay any expenses or
charges incurred
in the vehicle's removal and storage. If the entity that
receives
title to the vehicle is the entity that is entitled to the
immobilization fee under division (A)(5) of this section,
it
shall
receive title on the condition that it pay any lien on the
vehicle.
The court shall not order that title be transferred to
any person or entity
other than the owner of the place of storage
if the person or
entity refuses to receive the title. Any person
or entity that
receives title may either keep title to the vehicle
or may
dispose of the vehicle in any legal manner that it
considers
appropriate, including assignment of the certificate of
title to
the motor vehicle to a salvage dealer or a scrap metal
processing
facility. The person or entity shall not transfer
the
vehicle to the person who is the vehicle's
immediate previous
owner.
If the person or entity assigns the motor vehicle to a
salvage dealer or
scrap
metal processing facility, the person or
entity shall send the assigned
certificate of title to the motor
vehicle to the clerk of the court of common
pleas of the county in
which the salvage dealer or scrap metal processing
facility is
located. The person or entity shall mark the face of the
certificate of title with the words "FOR DESTRUCTION" and shall
deliver a photocopy of the certificate of title to the salvage
dealer or scrap
metal processing facility for its records.
(2) Whenever a court issues an order under division (E)(1)
of
this
section, the court also shall order removal of the license
plates
from the vehicle and cause them to be sent to the registrar
if
they have not already been sent to the registrar. Thereafter,
no further
proceedings shall take place under this section, but
the
offender remains liable for payment of the
immobilization fee
described in division (A)(3) of this section
if an
immobilization
order previously had been issued by the
court.
(3) Prior to initiating a proceeding under division (E)(1)
of
this section, and upon payment of the fee under division (B) of
section
4505.14 of the Revised Code, any interested party may
cause
a search to be made of the public records of the bureau of
motor vehicles or the clerk of the court of common pleas, to
ascertain the identity of any lienholder of the vehicle. The
initiating party shall furnish this information to the clerk of
the court with jurisdiction over the case,
and the clerk shall
provide notice
to the vehicle owner, the defendant, any
lienholder, and any
other interested parties listed by the
initiating party, at the
last known address supplied by the
initiating party, by certified
mail or, at the option of the
initiating party, by personal
service or ordinary mail.
As used in this section, "interested party" includes the
offender, all lienholders,
the owner
of the
place of storage, the
person or entity that caused the
vehicle to
be removed, and the
person or entity, if any, entitled
to the
immobilization fee under
division (A)(5) of this
section.
Sec. 4503.234. (A) If a court orders the criminal forfeiture
of a vehicle pursuant to section
4503.233, 4503.236,
4510.11,
4510.14, 4510.16, 4510.161, 4510.41, 4511.19,
4511.193,
or
4511.203 of the Revised Code, the order shall be
issued and
enforced in
accordance with
this division, subject to
division
(B)
of this
section.
An
order
of criminal forfeiture issued under this
division
shall
authorize
an appropriate law enforcement agency to
seize
the
vehicle ordered
criminally forfeited upon the terms and
conditions
that the
court
determines proper. No vehicle ordered
criminally
forfeited
pursuant to this division shall be considered
contraband
for
purposes of Chapter 2981. of
the
Revised
Code, but
the law enforcement agency that
employs
the
officer who
seized it
shall hold the vehicle for
disposal in
accordance with
this
section. A forfeiture order may
be
issued
only after the
offender
has been provided
with an opportunity to
be heard. The
prosecuting
attorney shall
give the
offender
written
notice of
the possibility
of forfeiture by sending a copy
of the relevant
uniform traffic
ticket or other written notice to
the
offender
not
less
than seven
days prior to the date of
issuance of the
forfeiture order. A
vehicle is subject to
an
order of criminal
forfeiture pursuant to
this division upon
the
conviction of the
offender
of or plea of
guilty by the offender to
a violation of
division (A) of section
4503.236,
section
4510.11, 4510.14,
4510.16,
or
4511.203, or
division (A) of section
4511.19
of the
Revised Code,
or a
municipal
ordinance or township resolution that is
substantially
equivalent to
any of those sections or
divisions.
(B)(1) Prior to the issuance of an order of criminal
forfeiture pursuant to
this section, the law
enforcement agency
that employs the law enforcement officer who
seized the vehicle
shall
conduct or cause to be conducted a search
of the
appropriate
public records that relate to the vehicle and
shall
make or cause
to be made reasonably diligent inquiries to
identify any
lienholder or
any person or entity with an ownership
interest in
the
vehicle. The court that is to issue the
forfeiture
order also
shall cause a notice of the potential
order
relative to the
vehicle and of the expected
manner of disposition
of the vehicle
after its forfeiture to be
sent to any lienholder
or person who is
known to
the court to have any right, title, or
interest in the
vehicle. The court shall give the notice
by
certified mail,
return
receipt requested, or by personal service.
(2) No order of criminal
forfeiture shall be issued pursuant
to
this section if
a lienholder or other person
with an ownership
interest in the
vehicle establishes to the
court, by a
preponderance of the evidence
after filing a motion
with the
court,
that the lienholder or other
person neither
knew nor
should
have known after a reasonable
inquiry that the
vehicle
would be
used or involved,
or likely
would be used
or
involved, in
the
violation resulting in the issuance of the
order
of criminal
forfeiture or the violation of the order of
immobilization issued
under section 4503.233 of
the Revised Code,
that the lienholder or
other
person did not
expressly or
impliedly consent
to the use or
involvement of the vehicle in that
violation, and that the
lien or
ownership interest was
perfected
pursuant
to law prior to the
seizure of the vehicle under section
4503.236,
4510.41, 4511.195,
or
4511.203 of the
Revised
Code. If the lienholder or holder of
the
ownership
interest satisfies the court that these
criteria
have been met,
the court shall preserve
the lienholder's or other
person's lien or
interest, and the court either shall return the
vehicle to the holder,
or shall order that the
proceeds of any
sale
held
pursuant to division
(C)(2)
of this section be paid to
the
lienholder or
holder of the
interest less the costs of
seizure, storage, and maintenance of
the vehicle. The court shall
not
return a vehicle to a lienholder
or a holder of an ownership
interest
unless the
lienholder or holder submits an affidavit
to
the court that states that the lienholder or holder will not
return the vehicle to the person from whom the vehicle was seized
pursuant to the order of criminal forfeiture or to any member of
that person's family and will not otherwise knowingly permit that
person or any member of that person's family to obtain
possession
of the
vehicle.
(3) No order of criminal
forfeiture shall be issued pursuant
to
this section if
a person
with an interest in
the vehicle
establishes to the court, by a
preponderance of the
evidence after
filing a motion with the court,
that the person
neither knew nor
should have known after a
reasonable
inquiry that
the vehicle had
been used or was involved in the
violation
resulting in the
issuance of the order of criminal
forfeiture or
the violation of
the order of immobilization issued under
section
4503.233 of the
Revised Code,
that the person did not expressly or
impliedly
consent to the
use or
involvement of the vehicle in that
violation, that the interest was perfected
in
good faith and for
value pursuant to law between the time of the arrest of the
offender and the final disposition of the criminal charge in
question, and that the vehicle was in the possession of the
interest holder at the time of the perfection of
the
interest. If
the court is satisfied that the interest
holder has
met these
criteria, the court shall preserve
the
interest holder's
interest,
and the court either
shall return the
vehicle to the
interest
holder
or order that the
proceeds of any
sale held
pursuant to
division
(C) of
this section be paid
to the holder of
the interest
less the costs
of seizure, storage, and maintenance
of the
vehicle. The court
shall not return a vehicle to an
interest
holder
unless the holder
submits an affidavit to
the
court stating
that the holder will not return the vehicle to
the
person from
whom the holder acquired
the
holder's
interest, nor
to any member
of that person's family, and the
holder will not
otherwise
knowingly permit that person or any
member of that
person's
family
to
obtain possession of the
vehicle.
(C) A vehicle ordered criminally forfeited to the state
pursuant to
this section shall
be disposed of as
follows:
(1) It shall be given to the law enforcement agency
that
employs the law enforcement officer who seized the
vehicle, if
that agency desires to have it;
(2) If a vehicle is not disposed of pursuant to division
(C)(1) of this section, the vehicle shall be sold,
without
appraisal, if the value of the vehicle is
two thousand dollars or
more as determined by publications of
the national
auto dealer's
association, at a public auction to the highest bidder for
cash.
Prior to the sale, the prosecuting attorney in the case shall
cause a notice of the proposed sale to be given in accordance
with
law. The court shall cause notice of the sale of the vehicle to
be
published in a newspaper of general circulation in the county
in
which the
court is located at least seven days prior to the
date
of the
sale. The proceeds of a sale under this division or
division
(F) of
this section shall be applied in the following
order:
(a) First, they shall be applied to the payment of the
costs
incurred in connection with the seizure, storage, and
maintenance
of, and provision of security for, the vehicle, any
proceeding
arising out of the forfeiture, and if any, the sale.
(b) Second, the remaining proceeds after compliance with
division
(C)(2)(a) of this section, shall be applied to the
payment of the value of any lien or ownership
interest in
the
vehicle preserved under division
(B) of this section.
(c) Third, the remaining proceeds, after compliance with
divisions
(C)(2)(a) and (b) of this section, shall be
applied
to
the appropriate funds in accordance with divisions (B)
and
(C) of
section 2981.13 of the Revised Code, provided that the
total of
the amount so deposited under this division shall not
exceed one
thousand dollars. The remaining proceeds deposited
under this
division shall be used only for the purposes
authorized
by those
divisions and division (D) of that
section.
(d) Fourth, the remaining proceeds after compliance with
divisions
(C)(2)(a) and (b) of this section and after
deposit
of
a
total amount of one thousand dollars under division
(C)(2)(c) of
this section shall be applied so that fifty
per
cent of those
remaining proceeds is paid into the reparation fund
established
by
section 2743.191 of the Revised Code, twenty-five
per cent is
paid
into the drug abuse resistance education programs
fund
created by
division
(F)(2)(e) of section 4511.191 of the
Revised
Code and
shall be used only for the purposes authorized by
division
(F)(2)(e) of that section, and twenty-five per
cent is
applied to
the appropriate funds in accordance with divisions (B) and (C) of
section 2981.13 of the Revised Code. The proceeds
deposited into
any fund described in section 2981.13 of the
Revised Code shall be
used only for the purposes authorized by
divisions (B)(4)(c), (C),
and (D) of that section.
(D)
Except as provided in division
(E)
of section 4511.203 of
the Revised Code and notwithstanding any
other
provision of law,
neither
the registrar of motor vehicles
nor any deputy registrar
shall
accept an application for the
registration of any motor
vehicle
in the name of any person, or
register any motor vehicle
in the
name of any person, if both of
the following apply:
(1) Any vehicle registered in the person's name was
criminally forfeited under
this
section and
section 4503.233,
4503.236,
4510.10,
4510.11,
4510.14, 4510.16, 4510.41,
4511.19,
4511.193,
or
4511.203
of the Revised Code;
(2) Less than five years have expired since the issuance of
the most recent order of criminal forfeiture issued in relation
to
a vehicle registered in the person's name.
(E) If a court orders the criminal forfeiture to the state of
a vehicle pursuant to section 4503.233,
4503.236,
4510.10,
4510.11, 4510.14,
4510.16,
4510.161,
4510.41,
4511.19,
4511.193,
or
4511.203 of the Revised
Code,
the
title to the motor
vehicle is
assigned or transferred,
and
division
(B)(2) or (3) of
this
section applies, in
addition to
or
independent of any other
penalty established by law, the court
may fine the
offender the
value of the vehicle as determined by
publications of the
national
auto dealer's association. The
proceeds from any fine imposed
under
this division
shall be distributed in
accordance with
division
(C)(2) of this section.
(F) As used in
this section and
divisions
(B)(4)(c), (C), and
(D) of section 2981.13 of the
Revised Code
in relation to
proceeds
of the sale of a vehicle
under division
(C) of this
section,
"prosecuting attorney"
includes the
prosecuting
attorney, village
solicitor, city
director of law, or
similar
chief legal officer of
a municipal
corporation who
prosecutes the
case resulting in the
conviction
or
guilty plea in
question.
(G) If the vehicle to
be forfeited has an average retail
value of less than two thousand dollars as
determined by
publications of the national auto dealer's
association, no public
auction is required to be held. In such
a case, the court may
direct that the vehicle be disposed of in
any manner that it
considers appropriate, including assignment
of the certificate of
title to the motor vehicle to a salvage
dealer or a scrap metal
processing facility. The court shall
not transfer the vehicle to
the person who is the vehicle's
immediate previous owner.
If the court assigns the motor vehicle to a salvage
dealer or
scrap metal processing facility and the court is in possession of
the certificate of title to the motor vehicle, it shall send the
assigned certificate of title to the motor vehicle to the clerk
of
the court of common pleas of the county in which the salvage
dealer or scrap metal processing facility is located. The court
shall mark the face of the certificate of title with the words
"FOR DESTRUCTION" and shall
deliver a photocopy of the certificate
of title to the salvage
dealer or scrap metal processing facility
for its records.
If the court is not in possession of the certificate of title
to the
motor vehicle, the court shall issue an order transferring
ownership of the
motor vehicle to a salvage dealer or scrap metal
processing facility, send the
order to the clerk of the court of
common pleas of the county in which the
salvage dealer or scrap
metal processing facility is located, and send a
photocopy of the
order to the salvage dealer or scrap metal processing
facility for
its records. The clerk shall make the proper notations or
entries
in the clerk's records concerning the disposition of the motor
vehicle.
Sec. 4506.07. (A) Every application for a commercial
driver's license, restricted commercial driver's license, or a
commercial driver's temporary instruction permit, or a duplicate
of such a license, shall be made upon a form approved and
furnished by the registrar of motor vehicles. Except as provided
in section 4506.24 of the Revised Code in regard to a restricted
commercial driver's license, the application shall be signed by
the applicant and shall contain the following information:
(1) The applicant's name, date of birth, social security
account
number, sex, general description including height, weight,
and
color of hair and eyes, current residence, duration of
residence
in this state, country of citizenship, and occupation;
(2) Whether the applicant previously has been licensed to
operate a commercial motor vehicle or any other type of motor
vehicle in another state or a foreign jurisdiction and, if so,
when, by what state, and whether the license or driving
privileges
currently are suspended or revoked in any
jurisdiction, or the
applicant otherwise has been disqualified
from operating a
commercial motor vehicle, or is subject to an
out-of-service order
issued under this chapter or any similar law
of another state or a
foreign jurisdiction and, if so, the date
of, locations involved,
and reason for the suspension,
revocation, disqualification, or
out-of-service order;
(3) Whether the applicant is afflicted with or suffering
from
any physical or mental disability or disease that prevents
the
applicant from exercising reasonable and ordinary
control over a
motor
vehicle while operating it upon a highway or is or has been
subject to any condition resulting in episodic impairment of
consciousness or loss of muscular control and, if so, the nature
and extent of the disability, disease, or condition, and the
names
and addresses of the physicians attending the
applicant;
(4) Whether the applicant has obtained a medical
examiner's
certificate as required by this chapter;
(5) Whether the applicant has pending a citation for
violation of any motor vehicle law or, ordinance, or resolution
except a parking
violation and, if so, a description of the
citation, the court
having jurisdiction of the offense, and the
date when the offense
occurred;
(6) Whether the applicant wishes to certify willingness to
make an anatomical donation under section 2108.04 of the Revised
Code, which shall be given no consideration in the issuance of a
license;
(7) On and after May 1, 1993, whether the applicant has
executed a valid durable power of attorney for health care
pursuant to sections 1337.11 to 1337.17 of the Revised Code or
has
executed a declaration governing the use or continuation, or
the
withholding or withdrawal, of life-sustaining treatment
pursuant
to sections 2133.01 to 2133.15
of the Revised Code and, if the
applicant has executed either type of instrument, whether the
applicant wishes the license issued to indicate that
the applicant
has executed the instrument.
(B) Every applicant shall certify, on a form approved and
furnished by the registrar, all of the following:
(1) That the motor vehicle in which the applicant intends
to
take the driving skills test is representative of the type of
motor vehicle that the applicant expects to operate as a driver;
(2) That the applicant is not subject to any
disqualification
or out-of-service order, or license suspension,
revocation, or
cancellation, under the laws of this state, of
another state, or
of a foreign jurisdiction and does not have
more than one driver's
license issued by this or another state or
a foreign jurisdiction;
(3) Any additional information, certification, or evidence
that the registrar requires by rule in order to ensure that the
issuance of a commercial driver's license to the applicant is in
compliance with the law of this state and with federal law.
(C) Every applicant shall execute a form, approved and
furnished by the registrar, under which the applicant consents to
the release by the registrar of information from the applicant's
driving record.
(D) The registrar or a deputy registrar, in accordance with
section
3503.11 of the Revised Code, shall register as an elector
any applicant
for a commercial driver's license or for a renewal
or duplicate
of such a license under this chapter, if the
applicant is
eligible and wishes to be registered as an elector.
The decision of an
applicant whether to register as an elector
shall be given no consideration in
the decision of whether to
issue the applicant a license or
a renewal or duplicate.
(E) The registrar or a deputy registrar, in accordance with
section
3503.11 of the Revised Code, shall offer the opportunity
of completing
a notice of change of residence or change of name to
any applicant for a
commercial
driver's license or for a renewal
or duplicate of such a license
who is a resident of this state, if
the applicant is a registered
elector who has changed the
applicant's residence or name
and has not filed such a notice.
(F) In considering any application submitted pursuant to this
section, the bureau of motor vehicles may conduct any inquiries
necessary to ensure that issuance or renewal of a commercial
driver's license would not violate any provision of the Revised
Code or federal law.
Sec. 4506.15.
(A) No person shall do any of the following:
(1) Drive a commercial motor vehicle while having a
measurable or
detectable amount of alcohol or of a controlled
substance in
the
person's blood,
breath,
or urine;
(2) Drive a commercial motor vehicle while having an
alcohol
concentration
of four-hundredths of one per cent or more by whole
blood or breath;
(3) Drive a commercial motor vehicle while having an alcohol
concentration of forty-eight-thousandths of one per cent or more
by blood serum or blood plasma;
(4) Drive a commercial motor vehicle while having an alcohol
concentration of fifty-six-thousandths of one per cent or more by
urine;
(5) Drive a motor vehicle while under the
influence of a
controlled substance;
(6) Use a motor vehicle in the commission of a
felony;
(7) Refuse to submit to a test under section 4506.17 of
the
Revised Code;
(8) Operate a commercial motor vehicle while the person's
commercial driving privileges are revoked, suspended, canceled, or
disqualified;
(9) Cause a fatality though through the negligent operation
of a commercial motor vehicle, including, but not limited to, the
offenses of aggravated vehicular homicide, vehicular homicide, and
vehicular manslaughter;
(10) Use a motor vehicle in the commission of a
felony
involving the manufacture, distribution, or dispensing of a
controlled substance as defined in section 3719.01 of the Revised
Code or the possession with intent to manufacture, distribute, or
dispense a controlled substance;
(11) Drive a commercial motor vehicle in violation of any
provision of sections 4511.61 to 4511.63 of the Revised Code or
any federal or local law or, ordinance, or resolution pertaining
to
railroad-highway grade crossings;
(12) Violate any prohibition described in divisions (A)(2) to
(11) of this section while transporting hazardous materials.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4506.18.
(A) Any driver who holds a commercial
driver's
license issued by
this state and is convicted in another
state or
a foreign jurisdiction of
violating any law or, ordinance, or
resolution
relating to motor vehicle traffic control,
other
than a
parking
violation, shall provide written notice of that conviction
within
thirty days after the date of conviction to the bureau of
motor
vehicles
and to
the driver's employer in accordance with the
provisions of 49 C.F.R. 383,
subpart
C, as amended.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the
first degree.
Sec. 4507.02. (A)(1) No person shall permit the operation of
a motor
vehicle
upon
any public or private property used by the
public
for
purposes of
vehicular travel or parking knowing the
operator
does
not have a
valid driver's license issued to the
operator by
the
registrar of
motor vehicles under this chapter or
a valid
commercial driver's
license issued under Chapter 4506. of
the
Revised Code.
Whoever
violates this division is guilty of a
misdemeanor of the first
degree.
(2) No person shall receive a driver's license, or a
motorcycle operator's endorsement of a driver's or commercial
driver's license, unless and until the person surrenders to
the
registrar
all valid licenses issued to the person by another
jurisdiction
recognized by this state. The registrar shall report
the surrender of a license to the issuing authority,
together with
information that a license is now issued in this
state. The
registrar shall destroy any such license that is not returned to
the issuing authority. No
person shall be permitted to have more
than one valid
license at
any time.
(B)(1) If a person is convicted of a violation of
section
4510.11, 4510.14,
4510.16 when division (B)(3) of that section
applies, or
4510.21 of
the Revised Code or if
division (F) of
section 4507.164
of the
Revised Code
applies, the
trial judge of
any court,
in
addition to
or independent of any
other penalties
provided by
law
or,
ordinance, or resolution, shall impound the
identification license plates
of
any
motor vehicle registered in
the name of the person. If a person is convicted of a violation of
section 4510.16 of the Revised Code and division (B)(2) of that
section applies, the trial judge of any court, in addition to or
independent of any other penalties provided by law or, ordinance,
or resolution, may impound the identification license plates of
any motor vehicle registered in the name of the person. The
court
shall send the impounded
license plates to the registrar,
who may
retain the license plates
until the driver's or
commercial
driver's license of the owner has
been reinstated or
destroy them
pursuant to section 4503.232 of
the Revised Code.
If the license plates of a person convicted of a violation
of
any provision of those
sections have been impounded
in accordance
with the provisions of
this division, the court
shall notify the
registrar of that
action. The notice shall
contain the name and
address of the
driver, the serial number of
the driver's driver's
or commercial
driver's license, the
serial numbers
of the license
plates of the
motor vehicle, and the length of
time for which the
license plates
have been impounded. The
registrar shall record
the
data in the
notice as part of the
driver's permanent record.
(2) Any motor vehicle owner who has had the license plates
of
a motor vehicle impounded pursuant to division
(B)(1) of
this
section may apply to the registrar, or to a deputy registrar,
for
restricted license plates
that shall conform to the
requirements
of
section 4503.231 of the Revised Code. The
registrar or deputy
registrar forthwith shall notify the court of
the application
and,
upon approval of the court, shall issue
restricted license
plates
to
the applicant. Until the driver's or
commercial
driver's
license
of the owner is reinstated, any new
license
plates issued
to the
owner also shall conform to the
requirements of
section
4503.231
of the Revised Code.
The registrar or deputy
registrar shall charge the owner of a
vehicle the
fees provided in section 4503.19 of the Revised Code
for restricted
license plates that are issued in accordance
with
this
division, except upon renewal as specified in section
4503.10
of
the Revised Code, when the regular fee as provided in
section
4503.04 of the Revised Code shall be charged. The registrar or
deputy registrar shall charge the owner of a
vehicle the fees
provided in section 4503.19 of the Revised Code whenever
restricted
license
plates are exchanged, by reason of the
reinstatement of
the driver's or commercial driver's license of
the owner, for
those ordinarily issued.
(3) If an owner wishes to sell a motor vehicle during the
time the restricted license plates provided under division
(B)(2)
of
this section are in use, the owner may apply to the court
that
impounded
the license plates of the motor vehicle for permission
to
transfer title to the motor vehicle. If the court is satisfied
that the sale will be made in good faith and not for the purpose
of circumventing the provisions of this section, it may certify
its consent to the owner and to the registrar of motor vehicles
who shall enter notice of the transfer of the title of the motor
vehicle in the vehicle registration record.
If, during the time the restricted license plates provided
under
division
(B)(2) of this section are in use, the title
to a
motor
vehicle is transferred by the foreclosure of a chattel
mortgage, a
sale upon execution, the cancellation of a
conditional
sales
contract, or by order of a court, the court
shall notify the
registrar of the action and the registrar shall
enter notice of
the transfer of the title to the motor vehicle in
the vehicle
registration record.
(C) This section is not intended to change or modify any
provision of Chapter 4503. of the Revised Code with respect to
the
taxation of motor vehicles or the time within which the taxes
on
motor vehicles shall be paid.
Sec. 4507.06. (A)(1) Every application for a driver's
license or motorcycle operator's license or endorsement, or
duplicate of any such license or endorsement, shall be made upon
the approved form furnished by the registrar of motor vehicles
and
shall be signed by the applicant.
Every application shall state the following:
(a) The applicant's name, date of birth, social security
number if
such has been assigned, sex, general description,
including
height, weight, color of hair, and eyes, residence
address, including county of residence, duration of residence in
this state, and country of citizenship;
(b) Whether the applicant previously has been licensed as
an
operator, chauffeur, driver, commercial driver, or motorcycle
operator and, if so, when, by what state, and whether such
license
is suspended or
canceled at the present time
and, if so,
the date
of and reason for the suspension or
cancellation;
(c) Whether the applicant is now or ever has been
afflicted
with epilepsy, or whether the applicant now is
suffering from any
physical or mental disability or disease and,
if so, the nature
and extent of the disability or disease, giving
the names and
addresses of physicians then or previously in
attendance upon the
applicant;
(d) Whether an applicant for a duplicate driver's license,
or
duplicate license containing a motorcycle operator endorsement
has
pending a citation for violation of any motor vehicle law or,
ordinance, or resolution, a description of any such citation
pending, and the
date of the citation;
(e) Whether the applicant wishes to certify willingness to
make an anatomical gift under section 2108.04 of the Revised
Code,
which shall be given no consideration in the issuance of a
license
or endorsement;
(f)
Whether the applicant
has
executed a valid durable power
of attorney for health care
pursuant to sections 1337.11 to
1337.17 of the Revised Code or
has
executed a declaration
governing the use or continuation, or
the
withholding or
withdrawal, of life-sustaining treatment
pursuant
to sections
2133.01 to 2133.15
of the Revised Code and, if the
applicant has
executed either type of instrument, whether the
applicant
wishes
the applicant's license to indicate that the
applicant has
executed the
instrument.
(2) Every applicant for a driver's license shall be
photographed in color at the time the application for the license
is made. The application shall state any additional information
that the registrar requires.
(B) The registrar or a deputy registrar, in accordance
with
section 3503.11 of the Revised Code, shall register as an
elector
any person who applies for a driver's license or
motorcycle
operator's license or endorsement under division (A)
of this
section, or for a renewal or duplicate of the license or
endorsement, if the applicant is eligible and wishes to be
registered as an elector. The decision of an applicant whether to
register as
an elector shall be given no consideration in the
decision of whether to issue
the applicant a license or
endorsement, or a renewal or duplicate.
(C) The registrar or a deputy registrar, in accordance
with
section 3503.11 of the Revised Code, shall offer the
opportunity
of completing a notice of change of residence or change of name to
any
applicant for a driver's license or endorsement under division
(A) of this section, or for a renewal or duplicate of the license
or endorsement, if the applicant is a registered elector who has
changed the applicant's residence or name and has not filed such a
notice.
Sec. 4507.091. (A) A municipal court, county court,
or
mayor's community court, at the
court's discretion,
may order the
clerk of
the
court to send to the registrar of motor vehicles a
report
containing the name,
address, and such
other information as
the
registrar may require by rule, of any person for whom
an
arrest
warrant has been issued by that court and is outstanding.
Upon receipt of such a report, the registrar shall enter the
information
contained in the report into the records of the bureau
of motor vehicles. Neither the registrar nor any
deputy registrar
shall issue a
temporary
instruction permit or
driver's or
commercial driver's license to the person
named in the
report, or
renew the driver's or commercial driver's license of
such person,
until the registrar receives notification from the
municipal
court, county court, or mayor's court that
there are
no
outstanding arrest warrants in the name of the person. The
registrar also
shall send a notice to the person who is named in
the report, via regular
first class mail sent to the person's last
known address as shown in the
records of the bureau, informing the
person that neither the registrar nor
any deputy registrar is
permitted to issue a temporary instruction permit or
driver's or
commercial driver's license to the person, or renew the driver's
or commercial driver's license of the person, until the registrar
receives
notification that there are no outstanding arrest
warrants in the name of the
person.
(B) A clerk who reports an outstanding
arrest warrant in
accordance with division (A)
of this section immediately shall
notify the registrar when the warrant has
been executed and
returned to the issuing
court or has been canceled. The clerk
shall charge and collect from the
person named in the executed or
canceled arrest warrant a processing fee of
fifteen dollars to
cover the costs of the bureau in administering this
section. The
clerk shall transmit monthly all such processing fees to the
registrar for deposit into the state bureau of motor vehicles fund
created by
section 4501.25 of the Revised Code.
Upon receipt of such notification, the registrar
shall cause
the report of that outstanding arrest warrant to be removed from
the records of the bureau and, if there are no other outstanding
arrest
warrants issued by a municipal court, county court,
or
mayor's community court in the name of the person
and the person
otherwise
is eligible to be
issued a driver's or commercial
driver's license
or to have such a license
renewed, the registrar
or a deputy
registrar may issue a driver's license or
commercial
driver's
license to the person named in the executed or canceled
arrest
warrant, or renew the driver's or commercial driver's
license of
such
person.
(C) Neither the registrar, any employee
of the bureau, a
deputy registrar, nor any employee of a deputy registrar is
personally liable for damages or injuries resulting from any error
made by a
clerk in entering information contained in a report
submitted to the registrar
under this section.
(D) Any information submitted to the registrar by a clerk
under
this section shall be transmitted by means of an electronic
data transfer
system.
Sec. 4507.164. (A) Except as provided in divisions (C) to
(E) of this section, when the license of any person is suspended
pursuant to any provision of the Revised Code other
than division
(G) of section
4511.19 of the Revised
Code
and other than section
4510.07 of the Revised Code
for a
violation of a municipal OVI
ordinance or township OVI resolution, the
trial judge may
impound
the identification license
plates of any
motor vehicle
registered
in the name of the person.
(B)(1) When the license of any person is suspended
pursuant
to division
(G)(1)(a) of section
4511.19 of the
Revised Code,
or
pursuant to section 4510.07 of the
Revised Code for a municipal
OVI offense or township OVI offense when the suspension is
equivalent in length to the
suspension under division (G) of
section 4511.19 of the Revised
Code that is
specified in this
division,
the trial judge of the
court of record
or the mayor
magistrate
of
the mayor's community
court that suspended
the
license may
impound the identification
license plates of any
motor vehicle
registered in the name of the
person.
(2) When the license of any person is suspended
pursuant to
division
(G)(1)(b) of section
4511.19 of
the
Revised Code,
or
pursuant to section 4510.07 of the Revised
Code for a municipal
OVI offense or township OVI offense when the suspension is
equivalent
in length to the
suspension under division (G) of
section 4511.19
of the Revised
Code that is
specified in this
division,
the trial
judge of the
court of record that
suspended
the license
shall order the
impoundment of
the identification
license plates
of the motor
vehicle the
offender was operating at
the time of the
offense and
the
immobilization of that vehicle in
accordance with
section
4503.233 and division
(G)(1)(b) of
section
4511.19 or
division
(B)(2)(a) of
section 4511.193 of the Revised
Code
and may impound
the
identification license plates of any
other
motor vehicle
registered in the name of the person whose
license
is suspended.
(3) When the license of any person is suspended
pursuant to
division
(G)(1)(c), (d), or
(e) of section
4511.19 of the
Revised
Code,
or pursuant to section
4510.07
of the Revised Code for a
municipal
OVI offense or township OVI offense when the
suspension
is equivalent in length
to the
suspension under
division (G) of
section 4511.19 of the
Revised Code that is
specified in this
division,
the trial judge
of the court of record
that suspended
the license shall order the
criminal
forfeiture to the
state of
the motor vehicle the offender
was
operating at the time
of the
offense in accordance with
section
4503.234 and division
(G)(1)(c), (d), or
(e) of
section
4511.19 or division
(B)(2)(b)
of
section
4511.193 of the Revised
Code and
may impound the
identification
license plates of any
other motor vehicle
registered in the name
of the person whose
license is suspended.
(C)(1) When a person is convicted of or pleads guilty to a
violation of
section
4510.14
of the
Revised
Code or a
substantially equivalent municipal ordinance or township
resolution and
division (B)(1)
or (2) of section
4510.14 or
division
(C)(1) or
(2) of section
4510.161 of the Revised Code
applies,
the trial
judge of the court
of record or the mayor
magistrate of
the mayor's community court
that imposes sentence
shall order the
immobilization of the
vehicle the person was
operating at the time
of the offense and
the impoundment of its
identification license
plates in
accordance
with section 4503.233
and division (B)(1) or
(2) of
section
4510.14 or division (C)(1)
or (2) of
section
4510.161 of
the
Revised Code and may impound
the
identification license
plates of
any other vehicle registered
in
the name of that
person.
(2) When a person is convicted of or pleads guilty to a
violation of
section
4510.14
of the
Revised
Code or a
substantially equivalent municipal ordinance or township
resolution and
division (B)(3)
of section
4510.14 or division
(C)(3)
of
section
4510.161 of the
Revised Code applies, the trial
judge
of the
court of record that
imposes sentence shall order the
criminal
forfeiture to the state
of the vehicle the person was
operating
at the time of the offense
in accordance with section
4503.234
and division (B)(3) of section
4510.14 or
division
(C)(3)
of
section
4510.161 of the Revised
Code
and may impound
the
identification license plates of any
other
vehicle registered in
the name of that person.
(D)(1) When a person is convicted of or pleads guilty to a
violation of division
(A) of section
4510.16 of the
Revised
Code
or a substantially equivalent municipal ordinance or township
resolution,
division
(B) of
section
4510.16 or
division (B) of
section
4510.161 of the Revised
Code applies in determining
whether the
immobilization of the
vehicle the person
was operating
at the time
of the offense and
the impoundment of
its
identification license
plates or the
criminal
forfeiture
to the
state of the vehicle the
person was
operating
at the time
of the
offense is authorized or required.
The trial judge of the court
of record or the mayor magistrate of
the mayor's community court
that imposes sentence may impound
the
identification license
plates of
any other vehicle registered in
the name of that person.
(E)(1) When a person is convicted of or pleads guilty to a
violation of section
4511.203 of the Revised Code and
the
person
is sentenced pursuant to division
(C)(1)
or
(2) of
section
4511.203 of
the Revised Code, the trial judge of
the court of
record or the
mayor magistrate of the mayor's community court that
imposes
sentence
shall order the
immobilization of the vehicle
that was
involved in
the commission
of the offense and the
impoundment of
its
identification license
plates in accordance
with division
(C)(1)
or
(2) of section
4511.203 and
section
4503.233
of the Revised
Code and may impound the
identification
license
plates of any
other vehicle registered in
the name of that
person.
(2) When a person is convicted of or pleads guilty to a
violation of section
4511.203 of the Revised Code and
the
person
is sentenced pursuant to division
(C)(3) of section
4511.203 of
the Revised Code, the trial judge of the court
of record or the
mayor magistrate of the mayor's community court that imposes
sentence
shall order the
criminal forfeiture to the state of the
vehicle
that was involved
in the commission of the offense in
accordance
with division
(C)(3) of section
4511.203 and
section
4503.234 of the Revised
Code and may impound the identification
license plates of any
other vehicle registered in the name of that
person.
(F) Except as provided in section 4503.233 or 4503.234 of
the
Revised Code, when the certificate of registration, the
identification license plates, or both have been impounded,
division
(B) of section 4507.02 of the Revised Code is
applicable.
(G)
As used in this section, "municipal OVI offense"
has and
"township OVI offense" have the
same meaning meanings as in
section 4511.181 of the Revised Code.
Sec. 4509.33. If a nonresident by final order or judgment
of
a court of record or mayor's court is convicted of, or
forfeits
bail or collateral deposited to secure an appearance for
trial
for, any offense
for which the suspension of a license is
provided, the
registrar
of motor vehicles shall
impose a
suspension of
the privilege of the nonresident to
operate a motor
vehicle for
the same period for which suspension
of
a license by
a
court of record is authorized by
the applicable
section
of
the
Revised Code. The suspension
shall remain in
effect until the
expiration of the period so ordered and
thereafter until the
nonresident gives and thereafter maintains
proof of financial
responsibility in accordance with section
4509.45 of the Revised
Code.
The registrar shall also suspend the privilege of the use
in
this state of every motor vehicle owned by the nonresident,
except
that the registrar shall not suspend the privilege if the
owner
has given or immediately gives and thereafter maintains
proof of
financial responsibility with respect to all motor
vehicles owned
by the nonresident. The registrar shall restore
such privilege of
a nonresident owner when the owner gives and
thereafter maintains
proof of financial responsibility in
accordance with section
4509.45 of the Revised Code.
Sec. 4509.35. Whenever any person fails within thirty days
to satisfy a
judgment rendered within this state, upon the written
request of the judgment
creditor or
the judgment creditor's
attorney, the clerk of
the court which that rendered the judgment,
or
the judge of the community court or mayor of the mayor's
court
magistrate if the judgment is rendered by a community court that
has no
clerk, immediately shall
forward a certified copy of the
judgment to the
registrar of motor
vehicles.
Whenever any nonresident has been convicted of
an offense
for
which the court is
required to impose a
license
suspension
under
any provision of the
Revised Code or has
forfeited bail
given
to
secure
the
nonresident's
appearance for trial upon a
charge of any
offense
for which the court is required to
impose a
license
suspension
under any provision of the Revised
Code,
the
clerk of
every the court of record and the mayor of every
mayor's, or the
community court magistrate if the license suspension is imposed by
a community court that has no clerk,
immediately shall forward to
the registrar a
certified copy
or
transcript of
the conviction or
order forfeiture
of bail.
Sec. 4510.01. As used in this title and in Title XXIX of
the
Revised Code:
(A) "Cancel" or "cancellation" means the annulment or
termination
by the bureau of motor vehicles of a driver's license,
commercial driver's
license, temporary instruction permit,
probationary
license, or nonresident operating privilege because
it was
obtained unlawfully, issued in error, altered, or willfully
destroyed, or because the holder no longer is entitled to the
license, permit, or privilege.
(B) "Drug abuse offense," "cocaine," and "L.S.D." have the
same meanings as in section
2925.01 of the Revised Code.
(C) "Ignition interlock device" means a device approved by
the
director of public safety that connects a breath analyzer to a
motor vehicle's
ignition system, that is constantly available to
monitor the concentration by weight of alcohol in the breath of
any person attempting to start that motor vehicle by using its
ignition system, and that deters starting the motor vehicle by use
of its ignition system unless the person attempting to start the
vehicle provides an appropriate breath sample for the device and
the device determines that the concentration by weight of alcohol
in the person's breath is below a preset level.
(D) "Immobilizing or disabling device" means a device
approved by
the director of public safety that may be ordered by a
court to be
used by an offender as a condition of limited driving
privileges.
"Immobilizing or disabling device" includes an
ignition interlock device, and
any prototype device
that is used
according to protocols designed to ensure efficient
and effective
monitoring of limited driving privileges granted by
a court to an
offender.
(E) "Moving violation" means any violation of any statute or,
ordinance, or township resolution that regulates the operation of
vehicles, streetcars, or
trackless
trolleys on the highways or
streets. "Moving
violation"
does not include a violation of
section 4513.263 of the
Revised
Code or a substantially equivalent
municipal
ordinance or township resolution, a
violation of any
statute or, ordinance, or township resolution regulating
pedestrians or
the parking of vehicles, vehicle size or load
limitations, vehicle
fitness requirements, or vehicle
registration.
(F) "Municipal OVI ordinance," and "municipal
OVI offense,"
"township OVI resolution," and "township OVI offense" have the
same meanings as in
section 4511.181 of the Revised Code.
(G) "Prototype device" means any testing device to monitor
limited driving privileges that has not yet been approved or
disapproved
by the director of public safety.
(H) "Suspend" or "suspension" means the permanent or
temporary
withdrawal, by action of a court or the bureau of motor
vehicles, of a
driver's
license, commercial driver's license,
temporary instruction
permit, probationary license, or nonresident
operating privilege
for the period of the suspension or the
permanent or temporary
withdrawal of the privilege to obtain a
license, permit, or
privilege of that type for the period of the
suspension.
(I) "Controlled substance" and "marihuana" have the same
meanings as in section 3719.01 of the Revised Code.
Sec. 4510.03. (A) Every county court judge, mayor of a
mayor's
court, and clerk of a court of record, or judge or
community court magistrate if the court has no clerk, shall keep a
full
record of every case
in which a person is
charged with any
violation of any provision of sections 4511.01 to 4511.771 or
4513.01 to 4513.36 of the Revised Code or of
any
other law or,
ordinance, or resolution regulating the operation of vehicles,
streetcars,
and
trackless trolleys on highways or streets.
(B) If a person is convicted of
or forfeits bail in relation
to a
violation of any section listed in division (A) of this
section or
a violation of any other law or, ordinance, or
resolution regulating
the operation of
vehicles, streetcars, and
trackless trolleys on
highways or streets, the county court judge,
mayor of a mayor's
court community court magistrate, or clerk,
within ten days after
the
conviction or bail
forfeiture, shall
prepare and immediately
forward to the bureau of
motor vehicles an
abstract, certified by
the preparer to be true
and correct, of the
court record covering
the case in which the
person was convicted
or forfeited bail.
Every court of record
also shall forward to
the bureau of motor
vehicles an abstract of
the court record as
described in division
(C) of this section upon
the conviction of
any person
of
aggravated vehicular homicide or
vehicular homicide
or of a felony
in the
commission of which a
vehicle was used.
(C) Each abstract required by this section shall be made
upon
a
form approved and furnished by the bureau and shall include
the
name and
address of the person charged, the number of the
person's
driver's or commercial driver's license, probationary
driver's
license, or temporary instruction permit, the
registration
number
of the vehicle involved, the nature of the
offense, the
date of
the offense, the date of hearing, the plea,
the judgment,
or
whether bail was forfeited, and the amount of the
fine or
forfeiture.
Sec. 4510.031. (A) A United States district
court that
has
jurisdiction within this state may utilize the provisions of
section
4510.03 of the Revised Code in regard to any case in which
a person is charged with any violation of any provision of
sections 4511.01 to
4511.771 or 4513.01 to 4513.36 of the
Revised
Code or of
any other law or, ordinance, or resolution regulating
the
operation of
vehicles, streetcars,
and trackless trolleys on
highways or
streets
located on federal property within this state.
The court
also may
forward to the bureau an abstract upon the
conviction of
any
person of aggravated vehicular homicide or
vehicular homicide
or
of a felony in the commission of which a
vehicle was used.
(B) If a United States district court acts
under this
section, it
shall follow the procedures established in section
4510.03 of the
Revised Code.
(C) The bureau of motor vehicles shall accept and process an
abstract received from a United States district court under
this
section in the same
manner as it accepts and processes an abstract
received from a
county court judge, mayor of a mayor's community
court magistrate, or
clerk of a court of
record.
Sec. 4510.032. (A) If a person is charged with a
violation
of
section 4511.19 of the Revised Code or a violation of
any
municipal OVI ordinance or township OVI resolution; if that
charge
is
dismissed or
reduced;
if the person is convicted of or
forfeits
bail in
relation to a
violation of any other section of
the
Revised Code
or of any
ordinance
that regulates the operation
of vehicles,
streetcars,
and trackless trolleys
on highways and
streets but
that does not
relate to operating a vehicle while
under the
influence of
alcohol, a
drug of abuse, or a combination
of them or
to operating
a
vehicle with a prohibited concentration
of alcohol, a controlled substance, or a metabolite of a
controlled substance
in the whole
blood, blood
serum or plasma,
breath, or urine; and
if the
violation of which the person was
convicted or in relation
to
which the person forfeited bail
arose
out of the same facts and
circumstances and the same act as did
the charge that was
dismissed or reduced, the abstract prepared
under section 4510.03
of the Revised Code also shall set
forth the
charge that was
dismissed or reduced, indicate that it was
dismissed or
reduced,
and indicate that the violation resulting in
the
conviction or
bail forfeiture arose out of the same facts and
circumstances and
the same act as did the charge that was
dismissed or reduced.
(B) If a charge against a person of a violation of division
(A)
of section 4510.11, division (A) of section 4510.14, or
division
(A) of section 4510.16 of the Revised Code or any
municipal ordinance or township resolution that is substantially
equivalent to any of
those divisions
is dismissed or reduced and
if the person is
convicted of
or forfeits bail in
relation to a
violation of any
other section of the Revised
Code
or any other
ordinance that
regulates the operation of vehicles,
streetcars,
and trackless
trolleys on highways and streets that
arose out of
the same facts
and circumstances as did the charge
that was
dismissed or reduced,
the abstract also shall set forth
the charge
that was dismissed or
reduced, indicate that it was
dismissed or
reduced, and indicate
that the violation resulting in
the
conviction or bail forfeiture
arose out of the same facts
and
circumstances and the same act as
did the charge that was
dismissed or reduced.
(C)(1) If a child has been adjudicated an unruly or
delinquent
child or a juvenile traffic offender for having
committed any act that if
committed by an adult would be a drug
abuse offense
or any
violation of division (B) of section 2917.11
or of section 4511.19
of the Revised Code, the court shall notify
the bureau, by
means
of an abstract of the court record as
described in divisions (B)
and (C) of section 4510.03 of the
Revised Code,
within ten days
after the adjudication.
(2) If a court requires a child to attend a drug abuse or
alcohol
abuse education, intervention, or treatment program, the
abstract
required by division (C)(1) of this section and forwarded
to the
bureau also shall include the name and address of the
operator of the program
and the date that the child entered the
program. If the child satisfactorily completes the program, the
court, immediately upon receipt of the information, shall send to
the bureau an updated abstract that also shall contain the date on
which the child satisfactorily completed the program.
Sec. 4510.034. (A) Division (B) of this section applies
in
relation to persons who are convicted of or plead guilty to
any
of
the following:
(1) A violation of division (A) of section 4510.11,
division
(A)
of
section 4510.14, or division (A) of section
4510.16 of the
Revised
Code;
(2) A violation of a municipal ordinance or township
resolution substantially
equivalent to any
division set forth in
division (A)(1) of this
section;
(3) A violation of division (A) of section 4511.19 of the
Revised
Code or a violation of section
4511.203 of
the Revised
Code;
(4) A violation of a municipal OVI ordinance or township OVI
resolution.
(B) If a person is convicted of or pleads guilty to any
violation
set forth in division (A) of this section and if
division (D) of
section 4503.234 of the Revised Code prohibits the
registrar
of
motor vehicles and all deputy registrars from
accepting an application for the
registration of, or registering,
any motor vehicle in
the name of that person, the abstract
prepared pursuant to section
4510.03, 4510.031, or 4510.032 of the
Revised Code shall
specifically set forth
these facts and clearly
indicate the date on which the order of
criminal forfeiture was
issued or would have been issued but for
the operation of section
4503.234 of the Revised Code. If
the
registrar receives an
abstract containing this information relating to a
person, the
registrar, in accordance with sections 4503.12
and 4503.234 of the
Revised Code, shall take all necessary
measures to prevent the
registrar's office or any deputy registrar from
accepting from the
person, for the period of time ending
five years after the date on
which the order was issued or would
have been issued and as
described in section 4503.234 of the
Revised Code, any new
application
for the registration of any motor vehicle in the name
of the
person.
Sec. 4510.036. (A) The bureau of motor vehicles shall
record
within ten days, after receipt, and shall keep at its main
office,
all
abstracts received under this section
or section
4510.03,
4510.031, 4510.032, or 4510.034 of the
Revised Code
and
shall
maintain records of convictions and bond
forfeitures for any
violation of a state law or a, municipal
ordinance, or township
resolution regulating the
operation of vehicles, streetcars, and
trackless
trolleys on
highways and
streets, except a violation
related to parking a
motor vehicle.
(B) Every court of record or mayor's court before which a
person
is charged with a violation for which points are chargeable
by this section
shall assess and transcribe to the abstract of
conviction that is furnished by the bureau
to the court
the number
of points
chargeable by this section in
the correct space assigned
on the
reporting form. A United States
district court that has
jurisdiction
within this state and
before
which a person is
charged with a violation
for which points
are
chargeable by this
section may
assess and transcribe to the
abstract of conviction
report that is
furnished by the bureau the
number of points
chargeable by this
section in the correct space
assigned on the
reporting form. If
the federal court so assesses
and transcribes
the points
chargeable for the offense and
furnishes the report to
the bureau, the bureau
shall record the
points in the same manner
as those assessed and transcribed by a
court of record or
mayor's
court.
(C) A court shall assess the following points for an
offense
based on the following formula:
(1) Aggravated vehicular homicide, vehicular homicide,
vehicular
manslaughter, aggravated vehicular assault, or vehicular
assault when
the offense involves the operation of a vehicle,
streetcar, or trackless
trolley on a highway or street ..........
6
points
(2) A violation of section 2921.331 of the Revised Code
or
any
ordinance or resolution prohibiting the willful fleeing or
eluding of a law
enforcement
officer .......... 6 points
(3) A violation of section 4549.02 or 4549.021 of the
Revised
Code
or any ordinance or resolution requiring the driver of a
vehicle to
stop
and disclose
identity at the scene of an accident
..........
6
points
(4) A violation of section 4511.251 of the Revised Code
or
any
ordinance or resolution prohibiting street racing .......... 6
points
(5) A violation of section 4510.11, 4510.14, 4510.16, or
4510.21 of
the
Revised
Code or any ordinance or resolution
prohibiting the
operation of a
motor vehicle
while the driver's or
commercial
driver's license is
under
suspension .......... 6
points
(6) A violation of division (A) of section 4511.19 of the
Revised
Code, any ordinance or resolution prohibiting the
operation of a vehicle
while
under the influence of alcohol, a
drug of abuse, or a
combination of them, or
any ordinance
or
resolution substantially equivalent to
division (A) of section
4511.19 of the
Revised Code prohibiting
the operation of a vehicle
with a
prohibited concentration of
alcohol, a controlled
substance, or a metabolite of a controlled
substance in the whole
blood, blood serum or plasma,
breath, or
urine .......... 6 points
(7) A violation of section 2913.03 of the Revised Code that
does not
involve an aircraft or motorboat or any ordinance
or
resolution prohibiting the
operation of a vehicle without the
consent of the
owner .......... 6 points
(8) Any offense under the motor vehicle laws of this state
that is a
felony, or any other felony in the commission of which a
motor vehicle
was used .......... 6 points
(9) A violation of division (B) of section 4511.19 of the
Revised
Code or any ordinance or resolution substantially
equivalent to that
division
prohibiting the operation of a vehicle
with a prohibited
concentration of
alcohol in the whole
blood,
blood serum or
plasma, breath, or
urine .......... 4 points
(10) A violation of section 4511.20 of the Revised Code
or
any
ordinance or resolution prohibiting the operation of a motor
vehicle in
willful or
wanton disregard of the safety of persons or
property
.......... 4 points
(11) A violation of any law or, ordinance, or resolution
pertaining to
speed:
(a) Notwithstanding divisions (C)(11)(b)
and (c) of this
section,
when the speed exceeds the lawful speed limit by thirty
miles per
hour or more .......... 4 points
(b) When the speed exceeds the lawful speed limit of
fifty-five
miles per hour or more by more than ten miles per hour
.......... 2 points
(c) When the speed exceeds the lawful speed limit of less
than
fifty-five miles per hour by more than five miles per hour
.......... 2 points
(d) When the speed does not exceed the amounts set forth in
divisions (C)(11)(a), (b), or (c) of
this section .......... 0
points
(12) Operating a motor vehicle in violation of a restriction
imposed by the registrar .......... 2 points
(13) All other moving violations reported under this
section
.......... 2 points
(D) Upon receiving notification from the proper court,
including
a United States district court that has jurisdiction
within this
state, the bureau shall delete any points entered for
a bond forfeiture if the
driver is acquitted of the offense for
which
bond was posted.
(E) If a person is convicted of or forfeits bail for
two or
more offenses arising
out of the same facts and points are
chargeable for each of the offenses,
points shall be charged
for
only the conviction or bond forfeiture for which the
greater
number of points is chargeable, and, if the number of points
chargeable for each offense is equal, only one offense shall be
recorded, and points shall be charged only for that offense.
Sec. 4510.038. (A) Any person whose driver's or
commercial
driver's license or
permit is suspended or who is
granted
limited
driving
privileges under section
4510.037,
under division (H)
of
section 4511.19, or under
section 4510.07 of the Revised
Code for
a violation of a municipal
ordinance or township resolution that
is substantially
equivalent to division (B) of
section
4511.19 of
the
Revised Code
is not eligible to
retain the
license, or to have
the
driving
privileges
reinstated, until each of the following has
occurred:
(1) The person successfully completes a course of remedial
driving
instruction
approved by the director of public safety. A
minimum of twenty-five per cent
of the number of
hours of
instruction included in the course shall be devoted
to
instruction
on driver attitude.
The course also shall devote a number of hours to instruction
in the area of
alcohol and drugs and the operation of
vehicles.
The instruction
shall
include, but not be limited to, a
review of
the laws governing the operation
of a
vehicle
while under the
influence of alcohol, drugs, or
a combination
of them, the
dangers
of operating a
vehicle while under the
influence of
alcohol,
drugs, or
a combination of them, and
other information
relating to
the operation of
vehicles and
the
consumption of
alcoholic
beverages and use of drugs. The
director, in
consultation with the
director of alcohol and drug
addiction
services, shall prescribe
the content of the
instruction. The
number of hours
devoted to the
area of alcohol
and drugs and the
operation of
vehicles
shall
comprise a
minimum of twenty-five per
cent of the number of hours
of
instruction included in the course.
(2) The person is examined in the manner provided for in
section
4507.20 of the
Revised Code, and found by the registrar of
motor vehicles to be qualified to
operate a motor vehicle;
(3) The person gives and maintains proof of financial
responsibility, in accordance
with section 4509.45 of the Revised
Code.
(B) Any course of remedial driving instruction the director
of public safety approves under this section shall require its
students to attend at least fifty per cent of the course in
person. The director shall not approve any course of remedial
driving instruction that permits its students to take more than
fifty per cent of the course in any other manner, including via
video teleconferencing or the internet.
Sec. 4510.04. It is an affirmative defense to any
prosecution
brought under section 4510.11, 4510.14, 4510.16, or
4510.21 of the Revised Code or under any
substantially
equivalent
municipal ordinance or township resolution that the alleged
offender drove
under
suspension, without a valid permit or
driver's or commercial
driver's
license, or in violation of a
restriction because of a
substantial emergency, and because no
other person was reasonably
available to drive in response to the
emergency.
It is an affirmative defense to any prosecution brought under
section
4510.16 of the Revised Code that the order of suspension
resulted from the failure of the alleged offender to respond to a
financial
responsibility random verification request under
division
(A)(3)(c) of section 4509.101 of the Revised
Code and
that,
at the time of the
initial financial responsibility random
verification request, the alleged
offender was in compliance with
division (A)(1) of section 4509.101
of
the Revised Code as shown
by proof of financial
responsibility that was in effect at the
time of that request.
Sec.
4510.05. Except as
otherwise
provided
in
section
4510.07 or in any other provision of
the Revised
Code,
whenever an
offender is
convicted of or pleads guilty to a
violation of a
municipal
ordinance or township resolution that is substantially
similar
to a provision
of the
Revised
Code, and a court is
permitted
or
required to
suspend
a person's driver's or
commercial
driver's license or
permit for a violation of that
provision, a
court, in addition to
any other penalties
authorized by law, may
suspend the
offender's
driver's
or commercial driver's license or
permit
or
nonresident
operating
privileges for
the period of time
the court
determines
appropriate,
but
the period of
suspension
imposed
for
the
violation of the
municipal ordinance
or township
resolution shall not exceed the
period
of suspension that
is
permitted or required to be imposed
for
the
violation of the
provision of the
Revised
Code to which
the
municipal
ordinance or
township resolution is
substantially similar.
Sec.
4510.07. The court imposing a sentence upon
an
offender
for any
violation of a municipal ordinance
or township resolution
that is
substantially equivalent to
a violation of
section 2903.06
or
2907.24
of the Revised Code
or for any violation of a municipal
OVI
ordinance or township OVI resolution also shall impose a
suspension
of the offender's
driver's license, commercial driver's
license, temporary
instruction permit, probationary license, or
nonresident operating
privilege
from the range specified in
division (B) of section
4510.02
of the Revised Code that is
equivalent in length to the
suspension
required for a violation of
section 2903.06
or 2907.24
or division
(A) or (B) of section
4511.19 of the Revised
Code
under similar circumstances.
Sec. 4510.11. (A) No person whose driver's or
commercial
driver's license or permit or nonresident operating
privilege has
been
suspended under any provision of
the Revised
Code, other than
Chapter 4509. of the
Revised
Code, or under any
applicable law
in
any other jurisdiction in which the person's
license or permit
was
issued shall operate any motor vehicle upon
the public roads and
highways
or upon any public or private
property used by the public
for purposes of vehicular travel or
parking within this state
during the period of suspension unless
the person is granted
limited driving privileges and is operating
the vehicle in
accordance with the terms of the limited driving
privileges.
(B) No person shall operate any motor vehicle upon a highway
or
any
public or private property used by the public for purposes
of
vehicular travel or
parking in this state in violation of any
restriction of the person's
driver's or commercial driver's
license or permit imposed under
division (D) of section 4506.10 or
under section 4507.14 of the Revised Code.
(C)(1) Whoever violates this section is guilty of driving
under
suspension or in violation of a license restriction, a
misdemeanor of the
first degree. The court shall impose upon
the
offender a class seven suspension of the offender's driver's
license,
commercial driver's license, temporary instruction
permit, probationary
license, or nonresident operating
privilege
from the range specified in division (A)(7) of
section 4510.02 of
the Revised Code.
(2) Except as provided in division (C)(3) or (4) of this
section,
the court, in addition to any other penalty that it
imposes
on the offender and if the vehicle is registered in the
offender's name, shall
order the immobilization of the
vehicle
involved in the offense for thirty days in accordance with section
4503.233 of the Revised Code and the impoundment of that
vehicle's
license
plates for thirty days.
(3) If the offender previously has been convicted of or
pleaded guilty to
one
violation of this section or of a
substantially similar municipal
ordinance or township resolution,
the court, in addition
to any other sentence that it imposes
on
the offender and if the
vehicle is registered in the offender's
name, shall
order the
immobilization of the
vehicle involved in
the offense for sixty
days in accordance with section 4503.233 of
the Revised Code and
the impoundment of that
vehicle's license
plates for sixty
days.
(4) If the offender previously has been convicted of or
pleaded guilty to
two or
more violations of this section or of a
substantially similar municipal
ordinance or township resolution,
the court, in addition
to any other sentence that it
imposes on
the offender and if the
vehicle is registered in the offender's
name, shall order the
criminal forfeiture of the
vehicle involved
in the offense to the
state.
(D) Any order for immobilization and impoundment under this
section shall be issued and enforced under section 4503.233 of
the
Revised Code. The court shall not release a
vehicle from
immobilization ordered under this section unless the court is
presented with
current proof of financial responsibility with
respect to that vehicle.
(E) Any order of criminal forfeiture under this section
shall
be
issued and enforced under section 4503.234 of the Revised
Code.
Upon receipt of the
copy of the order from the court,
neither the
registrar of motor vehicles nor
a deputy registrar
shall accept
any application for the registration or transfer of
registration
of any motor vehicle owned or leased by the person
named in the
declaration of forfeiture. The period of
registration denial
shall
be five years after the date of the
order, unless, during
that
period, the court having jurisdiction
of the offense that led
to
the order terminates the forfeiture and
notifies the registrar
of
the termination. The registrar then
shall take necessary
measures
to permit the person to register a
vehicle owned or
leased by the
person or to transfer registration
of the vehicle.
Sec. 4510.12. (A)(1) No person, except those expressly
exempted
under sections 4507.03, 4507.04, and 4507.05 of the
Revised
Code,
shall operate any motor vehicle upon a public road
or highway or any public or
private property used by the public
for purposes of vehicular travel
or parking in this state unless
the person has a valid driver's license
issued under Chapter 4507.
of the Revised Code or a
commercial driver's license issued under
Chapter 4506. of the
Revised Code.
(2) No person, except a person expressly exempted under
sections
4507.03, 4507.04, and 4507.05 of the Revised Code, shall
operate
any motorcycle upon a public road or highway or any public
or private property
used by the public for purposes of vehicular
travel or parking in
this state unless the person has a valid
license as a motorcycle
operator that was issued upon application
by the registrar of motor vehicles
under Chapter 4507. of the
Revised Code. The license shall be in the form of an
endorsement,
as determined by the registrar, upon a driver's or commercial
driver's license, if the person has a valid license to operate a
motor vehicle or commercial motor vehicle, or in the form of a
restricted license as provided in section 4507.14 of the Revised
Code, if the person does not have a valid license to operate a
motor
vehicle or commercial motor
vehicle.
(B) Whoever violates this section is guilty of operating a
motor
vehicle without a valid license and shall be punished as
follows:
(1) If the trier of fact finds that the offender never has
held a valid driver's or commercial driver's license issued by
this state or any other jurisdiction, the offense is a misdemeanor
of the first degree.
(2)(a) Subject to division (B)(2)(b) of this section, if the
offender's driver's or commercial driver's
license or permit
was
expired at the time of the offense for no
more than six months,
the offense is
a minor
misdemeanor and if the offender's driver's
or commercial driver's
license or permit
was expired at the time
of the offense for more
than six
months, the
offense is a
misdemeanor of the fourth degree.
(b)(i) If the offender previously was convicted of or pleaded
guilty to one
violation
of this section or a substantially
equivalent municipal ordinance or township resolution within the
past three years, the
offense is a
misdemeanor of the third
degree.
(ii) If the offender previously was convicted of or pleaded
guilty to two
violations
of this section or a substantially
equivalent municipal ordinance or township resolution within the
past three years, the
offense is a
misdemeanor of the second
degree.
(iii) If the offender previously was convicted of or pleaded
guilty to three
or more
violations of this section or a
substantially equivalent municipal ordinance
or township
resolution within the past three
years, the offense is a
misdemeanor of the first degree.
(C) The court shall not impose a license suspension for a
first
violation of this section
or if more than three years have
passed since the offender's last violation of
this section or a
substantially equivalent municipal ordinance or township
resolution.
(D) If the offender was convicted of or pleaded guilty to
one
or
more violations of
this section or a substantially
equivalent
municipal ordinance or township resolution within the past
three
years, and if
the offender's license was
expired for more than six
months at the
time of the offense, the court shall
impose a class
seven
suspension of the offender's driver license, commercial
driver's
license, temporary instruction permit, probationary
license, or
nonresident operating privilege from the range
specified in
division
(A)(7) of section 4510.02 of the Revised
Code.
Sec. 4510.13. (A)(1) Divisions (A)(2) to (7) of this
section
apply to a judge or mayor a community court magistrate
regarding
the suspension of, or
the grant of limited driving privileges
during a suspension of, an
offender's driver's or
commercial
driver's license or permit or
nonresident operating
privilege
imposed under division (G) or (H)
of section
4511.19 of the
Revised Code, under division (B)
or (C)
of section 4511.191 of the
Revised Code, or under section
4510.07
of the Revised Code for a
conviction of a violation of a
municipal
OVI ordinance or township
OVI resolution.
(2) No judge or mayor and no community court magistrate shall
suspend the following portions
of the
suspension of an offender's
driver's or commercial driver's
license or
permit or nonresident
operating privilege imposed under
division
(G) or (H) of section
4511.19 of the Revised Code or
under section 4510.07 of the
Revised Code for a conviction of
a
violation of a municipal OVI
ordinance or township OVI resolution, provided that division
(A)(2) of this section does not
limit a court or
mayor in
crediting any period of suspension
imposed pursuant to division
(B) or (C) of section 4511.191 of the
Revised Code against
any
time of judicial suspension imposed
pursuant to section 4511.19
or
4510.07 of the Revised Code, as
described in divisions
(B)(2)
and
(C)(2) of section
4511.191 of
the Revised Code:
(a) The first six months of a suspension imposed under
division
(G)(1)(a) of section 4511.19 of the Revised Code
or of a
comparable length suspension imposed under section 4510.07 of the
Revised Code;
(b) The first year of a suspension imposed under division
(G)(1)(b) or (c) of
section 4511.19 of the Revised Code or of a
comparable
length
suspension imposed under section 4510.07 of the
Revised
Code;
(c) The first three years of a suspension imposed under
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code
or of a
comparable length suspension imposed under section 4510.07
of the Revised Code;
(d) The first sixty days of a suspension imposed under
division
(H) of section 4511.19 of the Revised Code or of a
comparable length suspension imposed under section 4510.07 of the
Revised Code.
(3) No judge or mayor and no community court magistrate shall
grant limited driving privileges
to
an offender whose driver's or
commercial driver's license or
permit or
nonresident operating
privilege has been suspended under
division
(G) or (H) of section
4511.19 of the Revised Code, under
division (C) of section
4511.191 of the Revised Code, or under
section 4510.07 of the
Revised Code for a municipal OVI conviction or township OVI
conviction
if the offender,
within the preceding six years, has
been
convicted of or
pleaded
guilty to three or more violations
of one
or more of the Revised
Code sections, municipal
ordinances, township resolutions,
statutes
of the United States
or another state, or municipal
ordinances of
a municipal
corporation or township resolutions of a township of another state
that are
identified in
divisions
(G)(2)(b) to (h)(A)(1) to (7) of
section
2919.22 4511.181 of the
Revised Code.
Additionally, no judge or mayor and no community court
magistrate shall grant limited driving
privileges to an offender
whose driver's or commercial driver's
license
or permit or
nonresident operating privilege has been
suspended under
division
(B) of section 4511.191 of the Revised
Code if the
offender,
within the preceding six years, has refused
three previous
requests
to consent to a chemical test of the
person's whole
blood, blood serum or
plasma, breath, or urine to
determine its
alcohol content.
(4) No judge or mayor and no community court magistrate shall
grant limited driving privileges
for
employment as a driver of
commercial motor vehicles to an
offender whose
driver's or
commercial driver's license or permit
or nonresident
operating
privilege has been suspended under
division (G) or
(H)
of section
4511.19 of the Revised Code, under
division (B) or (C)
of section
4511.191 of the Revised Code, or
under section 4510.07
of the
Revised Code for a municipal OVI
conviction if the
offender is
disqualified from operating a
commercial motor vehicle, or whose
license or permit has been
suspended, under
section 3123.58 or
4506.16 of the
Revised Code.
(5) No judge or mayor and no community court magistrate shall
grant limited driving privileges
to
an offender whose driver's or
commercial driver's license or
permit or
nonresident operating
privilege has been suspended under
division
(G) or (H) of section
4511.19 of the Revised Code, under
division (C) of section
4511.191 of the Revised Code, or under
section 4510.07 of the
Revised Code for a conviction of a
violation of a municipal OVI
ordinance or township OVI resolution during any of the following
periods of time:
(a) The first fifteen days of a suspension imposed under
division
(G)(1)(a) of section 4511.19 of the Revised Code or a
comparable
length suspension imposed under section 4510.07 of the
Revised Code, or of a suspension
imposed under
division (C)(1)(a)
of section 4511.191 of the
Revised Code. On or after
the
sixteenth
day of the suspension, the court may grant limited
driving
privileges, but the court may require that the offender
shall not
exercise the privileges
unless the vehicles the offender
operates
are equipped with
immobilizing or disabling devices that
monitor
the offender's
alcohol consumption or any other type of
immobilizing or disabling
devices, except as provided in division
(C) of section 4510.43
of the Revised Code.
(b) The first thirty days of a suspension imposed under
division
(G)(1)(b) of section 4511.19 of the Revised Code or a
comparable
length suspension imposed under section 4510.07 of the
Revised Code, or of a suspension
imposed under
division (C)(1)(b)
of section 4511.191 of the
Revised Code. On or after the
thirty-first day of
suspension, the court may grant limited
driving privileges, but the court may
require that the offender
shall not exercise the privileges
unless the vehicles the offender
operates are equipped with
immobilizing or disabling devices that
monitor the offender's
alcohol consumption or any other type of
immobilizing or disabling
devices, except as provided in division
(C) of section 4510.43
of the Revised Code.
(c) The first sixty days of a suspension imposed under
division
(H) of section 4511.19 of the Revised Code or a
comparable length suspension imposed under section 4510.07 of the
Revised Code.
(d) The first one hundred eighty days of a suspension
imposed
under division (G)(1)(c) of section 4511.19 of the Revised
Code or
a comparable length suspension imposed under section
4510.07 of
the Revised Code, or of a
suspension imposed under
division
(C)(1)(c) of section 4511.191 of
the Revised Code. The
judge or
magistrate may grant limited driving
privileges
on or after the
one
hundred eighty-first day of the suspension only if the
judge,
at
the time of granting the privileges, also
issues an order
prohibiting the offender, while exercising the
privileges during
the period commencing with the one hundred
eighty-first day of
suspension and ending with the first year of
suspension, from
operating any motor vehicle unless it is equipped
with an
immobilizing or disabling device that monitors the
offender's
alcohol consumption. After the first year of the
suspension, the
court may authorize the offender to continue
exercising the
privileges in vehicles that are not equipped with
immobilizing or
disabling devices that monitor the offender's
alcohol consumption,
except as provided in division (C) of section
4510.43 of the
Revised Code. If the offender does not petition for
limited
driving privileges until after the first year of
suspension, the
judge or magistrate may grant limited driving privileges without
requiring the
use of an immobilizing or disabling device that
monitors the
offender's alcohol consumption.
(e) The first three years of a suspension imposed under
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code
or a
comparable length suspension imposed under section 4510.07 of
the Revised Code, or of a
suspension imposed under
division
(C)(1)(d) of section 4511.191 of the
Revised Code. The
judge or
magistrate may
grant limited driving privileges after the first
three
years of
suspension only if the judge or magistrate, at the
time of granting the
privileges, also issues an order prohibiting
the offender from
operating any motor vehicle, for the period of
suspension
following the first three years of suspension, unless
the motor
vehicle is equipped with an immobilizing or disabling
device that
monitors the offender's alcohol consumption, except as
provided in
division
(C) of section 4510.43 of the Revised Code.
(6) No judge or mayor and no community court magistrate shall
grant limited driving privileges
to
an offender whose driver's or
commercial driver's license or
permit or
nonresident operating
privilege has been suspended under
division
(B) of section
4511.191 of the Revised Code during any of
the following periods
of time:
(a) The first thirty days of suspension imposed under
division
(B)(1)(a) of section 4511.191 of the Revised Code;
(b) The first ninety days of suspension imposed under
division
(B)(1)(b) of section 4511.191 of the Revised Code;
(c) The first year of suspension imposed under division
(B)(1)(c)
of section 4511.191 of the Revised Code;
(d) The first three years of suspension imposed under
division
(B)(1)(d) of section 4511.191 of the Revised Code.
(7) In any case in which a judge or mayor a community court
magistrate grants limited
driving
privileges to an offender whose
driver's or commercial
driver's license
or permit or nonresident
operating privilege has
been suspended under
division (G)(1)(b),
(c), (d), or (e) of section 4511.19 of the
Revised Code, under
division (G)(1)(a) of section 4511.19 of the Revised Code for a
violation of division (A)(1)(f), (g), (h), or (i) of that section,
or under
section 4510.07 of the Revised Code for a
municipal OVI
conviction for which sentence would have been imposed under
division (G)(1)(a)(ii) or (G)(1)(b), (c), (d), or (e) of section
4511.19 of the Revised Code had the offender been charged with and
convicted of a violation of section 4511.19 of the Revised Code
instead of a violation of the municipal OVI ordinance or township
OVI resolution, the judge
or mayor magistrate shall impose as a
condition of the privileges
that the offender must display on the
vehicle that is driven
subject to the
privileges
restricted
license plates that are
issued under section 4503.231 of the
Revised Code, except
as
provided in division (B) of that section.
(B) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privilege has been suspended
pursuant to
section 4511.19 or 4511.191 of the Revised Code or
under
section 4510.07 of the Revised Code for a violation of a
municipal OVI ordinance or township OVI resolution may file a
petition for
limited driving
privileges during the suspension. The
person shall file the
petition
in the court that has jurisdiction
over the
place of
arrest. Subject to division (A) of this section,
the court
may
grant the person limited driving privileges during
the
period
during which the suspension otherwise would be imposed.
However,
the court shall not grant the privileges for
employment
as a
driver of a commercial motor vehicle to any person
who is
disqualified from operating a commercial motor vehicle
under
section 4506.16 of the Revised Code or during any of
the
periods
prescribed by division (A) of this section.
(C)(1) After a driver's or commercial driver's license or
permit
or nonresident operating privilege has been suspended
pursuant to section
2903.06, 2903.08, 2903.11, 2907.24, 2921.331,
2923.02, 2929.02, 4511.19,
4511.251, 4549.02, 4549.021, or
5743.99
of the Revised Code, any
provision of
Chapter 2925. of the Revised
Code, or section
4510.07
of the Revised Code for a violation of a
municipal
OVI ordinance or township OVI resolution,
the judge of
the
court or
mayor
magistrate of the mayor's community court that
suspended the
license, permit, or privilege
shall cause the
offender to deliver
to the court
the license or permit. The
judge, mayor magistrate,
or clerk of the court or
mayor's court
shall
forward
to the
registrar the license or permit together
with
notice of the
action
of the court.
(2) A suspension of a commercial driver's license under any
section or chapter identified in division (C)(1) of this section
shall be concurrent with any period of suspension or
disqualification under
section 3123.58 or 4506.16 of the Revised
Code. No person
who is
disqualified for life from holding a
commercial driver's license
under
section 4506.16 of the Revised
Code shall be issued a
driver's license under this chapter during
the period for which
the commercial driver's license was suspended
under this section,
and no person whose commercial driver's
license is suspended under
any section or chapter identified in
division (C)(1) of this
section
shall be issued a driver's license
under Chapter
4507. of
the Revised Code during the period of the
suspension.
(3) No judge or mayor and no community court magistrate shall
suspend any class one
suspension, or any portion of any class one
suspension, imposed under section 2903.04, 2903.06, 2903.08, or
2921.331 of the Revised Code. No judge or
mayor shall suspend the
first thirty days of any class two, class
three, class four, class
five, or class six suspension imposed
under section 2903.06,
2903.08, 2903.11, 2923.02, or 2929.02 of the Revised Code.
(D) The judge of the court or mayor magistrate of the mayor's
community court
shall
credit any time during which an offender was
subject to an
administrative
suspension of the offender's driver's
or commercial
driver's license or permit or nonresident operating
privilege
imposed pursuant to section 4511.191 or 4511.192 of the
Revised
Code or a suspension imposed by a judge,
referee, or mayor
magistrate
pursuant to division (B)(1) or (2) of
section 4511.196
of the
Revised Code against the time to be
served
under a related
suspension imposed pursuant to any section or chapter
identified
in division (C)(1) of this section.
(E) The judge or mayor magistrate shall notify the bureau of
motor
vehicles
of any determinations made pursuant to this section
and
of any suspension
imposed pursuant to any section or chapter
identified in division
(C)(1) of this section.
(F)(1) If a court issues an immobilizing or disabling device
order under section 4510.43 of the Revised Code, the order
shall
authorize the offender during the specified period to operate a
motor vehicle
only if it is equipped with an immobilizing or
disabling device, except as
provided in division (C) of that
section. The court
shall provide the offender with a copy of an
immobilizing or disabling
device order issued under section
4510.43 of the Revised
Code, and the offender shall use the copy
of the order
in lieu of an Ohio driver's or
commercial driver's
license or permit until the registrar or a deputy
registrar issues
the
offender a restricted license.
An order issued under section 4510.43 of the Revised Code
does not
authorize or permit the offender to whom it has been
issued to operate a
vehicle during any time that the offender's
driver's or commercial driver's
license or
permit is suspended
under any other provision of law.
(2) An offender may present an immobilizing or disabling
device
order to the registrar or to a deputy registrar. Upon
presentation of
the order to the registrar or a deputy registrar,
the registrar or
deputy registrar shall issue the offender a
restricted license. A
restricted license issued under this
division shall be identical
to an Ohio driver's license, except
that it shall have printed on
its face a statement that the
offender is prohibited during the period
specified in the court
order from operating any
motor vehicle that is not equipped with
an immobilizing or
disabling device. The date of commencement and
the
date of termination of the period of suspension shall be
indicated
conspicuously
upon the face of the license.
Sec. 4510.14. (A) No person whose driver's or commercial
driver's license or permit or nonresident operating privilege has
been
suspended under section 4511.19, 4511.191, or 4511.196 of the
Revised Code or under section
4510.07 of the Revised Code for a
conviction of a violation
of a municipal OVI ordinance or township
OVI resolution shall
operate any motor
vehicle upon the public
roads or
highways within
this state during the period of the
suspension.
(B) Whoever violates this section is guilty of driving under
OVI
suspension. The court shall sentence the offender under
Chapter
2929. of the Revised Code, subject to the differences
authorized
or required by this section.
(1) Except as otherwise provided in division (B)(2) or (3)
of
this section, driving under OVI suspension is a misdemeanor of
the
first degree. The court shall sentence the offender to all of
the
following:
(a) A mandatory jail term of three consecutive days. The
three-day term shall be imposed, unless, subject to division (C)
of
this section, the court instead imposes a sentence of not less
than thirty
consecutive days of
house
arrest
with electronic
monitoring. A period of
house arrest
with electronic monitoring
imposed
under
this division shall not exceed six months. If the
court
imposes a
mandatory three-day jail term under this division,
the
court may
impose a jail term in addition to that term,
provided
that in no
case shall the cumulative jail term imposed
for the
offense exceed
six months.
(b) A fine of not less than two hundred fifty and not more
than
one thousand dollars;
(c) A license suspension under division (E) of this
section;
(d) If the vehicle the offender was operating at the time of
the
offense is registered in the offender's name, immobilization
for thirty days
of the offender's vehicle
and impoundment for
thirty days of the identification license
plates of that vehicle.
The order for immobilization and
impoundment shall be issued and
enforced in accordance with section
4503.233 of the Revised Code.
(2) If, within six years of the offense, the offender
previously
has been convicted of or pleaded guilty to one
violation of this section
or one equivalent offense, driving under
OVI suspension is a
misdemeanor of the first degree. The court
shall sentence the offender
to all of the following:
(a) A mandatory jail term of ten consecutive days.
Notwithstanding the
jail terms
provided in
sections 2929.21 to
2929.28 of the Revised Code, the court
may sentence the offender
to
a longer jail term of not more than
one year. The ten-day
mandatory jail
term shall be imposed
unless, subject to division
(C) of
this section, the court instead
imposes a sentence of not
less than ninety
consecutive days
of
house arrest
with electronic
monitoring.
The period of
house
arrest
with
electronic monitoring
shall not exceed one year.
(b) Notwithstanding the fines provided for in Chapter
2929.
of the Revised Code, a fine of not less
than five hundred and not
more than two thousand five hundred
dollars;
(c) A license suspension under division (E) of this
section;
(d) If the vehicle the offender was operating at the time of
the
offense is registered in the offender's name, immobilization
of
the offender's vehicle for sixty days and the impoundment for
sixty days of the identification license plates of that vehicle.
The order for immobilization and impoundment shall be issued and
enforced in accordance with section 4503.233 of the Revised
Code.
(3) If, within six years of the offense, the offender
previously has been
convicted of or pleaded guilty to two or more
violations of this section
or two or more equivalent offenses,
driving under OVI suspension
is a misdemeanor. The court shall
sentence the offender to all of the
following:
(a) A mandatory jail term of thirty consecutive days.
Notwithstanding the
jail terms
provided in
sections 2929.21 to
2929.28 of the Revised Code, the court
may sentence the offender
to
a longer jail term of not more than
one year. The court shall
not
sentence
the offender to a term of
house
arrest
with
electronic monitoring
in lieu of the mandatory portion of the jail
term.
(b) Notwithstanding the fines set forth in Chapter 2929.
of
the
Revised Code, a fine of not less
than five hundred and not
more than two thousand five hundred
dollars;
(c) A license suspension under division (E) of this
section;
(d) If the vehicle the offender was operating at the time of
the
offense is registered in the offender's name, criminal
forfeiture to the state
of the offender's
vehicle. The order of
criminal forfeiture shall be issued and
enforced in accordance
with section 4503.234 of the Revised
Code. If
title to a motor
vehicle that is subject to an order for criminal
forfeiture under
this division is assigned or transferred and
division (B)(2) or
(3) of section 4503.234 of the Revised
Code
applies, the court may
fine the offender the value of the vehicle as
determined by
publications of the national auto dealer's
association. The
proceeds from any fine so imposed shall be distributed
in
accordance with division (C)(2) of section 4503.234 of the
Revised
Code.
(C) No court shall impose an alternative sentence of
house
arrest
with electronic monitoring
under division (B)(1) or (2)
of
this section unless, within sixty
days of the date of
sentencing,
the court issues a written finding
on the record that,
due to the
unavailability of space at the jail
where the offender
is required
to serve the jail term imposed, the
offender will not
be able to
begin serving
that term within the
sixty-day period
following the
date of sentencing.
An offender sentenced under this section to a period of
house
arrest
with electronic monitoring
shall be permitted work
release
during that period.
(D) Fifty per cent of any fine imposed by a court under
division
(B)(1), (2), or (3) of this section shall be deposited
into the
county indigent drivers alcohol treatment fund or
municipal indigent drivers
alcohol treatment fund under the
control of that court, as created by the county or municipal
corporation
pursuant to division (H) of section 4511.191 of the
Revised
Code.
(E) In addition to or independent of all other penalties
provided
by law or, ordinance, or resolution, the trial judge of
any court of
record or the mayor magistrate
of a mayor's community
court shall
impose on an offender
who is convicted of or pleads
guilty to a
violation of this
section a class seven suspension
of
the
offender's driver's or
commercial driver's license or permit
or
nonresident operating
privilege
from the range specified in
division (A)(7) of section
4510.02 of the
Revised Code.
When permitted as specified in section 4510.021 of the
Revised Code, if the court grants
limited driving privileges
during a suspension imposed under this section, the
privileges
shall be granted on the additional condition
that the offender
must display restricted license plates, issued
under section
4503.231 of the Revised Code, on the vehicle driven
subject to the
privileges, except as provided in division (B) of that
section.
A suspension of a commercial driver's license under this
section
shall be concurrent with any period of suspension or
disqualification
under section
3123.58 or 4506.16 of the Revised
Code. No person
who is
disqualified for life from holding a
commercial driver's
license under
section 4506.16 of the Revised
Code shall be issued
a
driver's license under Chapter 4507. of the
Revised Code during
the period for which the commercial driver's
license was suspended
under this section, and no person whose
commercial driver's
license is suspended under this section shall
be issued a driver's
license under Chapter 4507. of the Revised
Code during the period
of the suspension.
(F) As used in this section:
(1) "Electronic
monitoring" has the same
meaning
as in
section
2929.01 of
the Revised Code.
(2) "Equivalent offense" means any of the following:
(a) A violation of a municipal ordinance, township
resolution, law of another
state,
or law of the United States that
is substantially
equivalent
to division (A) of this section;
(b) A violation of a former law of this state that was
substantially equivalent to division (A) of this section.
(3) "Jail" has the same meaning as in section 2929.01 of the
Revised
Code.
(4) "Mandatory jail term" means the mandatory term in jail
of
three, ten, or thirty consecutive days that must be imposed
under
division (B)(1), (2), or (3) of this section upon an
offender
convicted of a violation of division (A) of this section
and in
relation to which all of the following apply:
(a) Except as specifically authorized under this section,
the
term must be served in a jail.
(b) Except as specifically authorized under this section,
the
term cannot be suspended, reduced, or otherwise modified
pursuant
to
any
provision of
the Revised Code.
Sec. 4510.15. Whenever a person is found guilty
under the
laws of this state,
or under
any ordinance or resolution of any
political
subdivision of this state, of operating a motor vehicle
in violation of any such law or, ordinance or resolution relating
to reckless operation,
the
trial court of any
court of record, in
addition to or independent
of all other
penalties provided by
law,
may impose a class five
suspension of the offender's
driver's
or
commercial driver's
license
or permit or nonresident
operating
privilege from the
range specified in division (A)(5) of
section
4510.02 of the
Revised Code.
Suspension of a commercial driver's license under this
section shall be concurrent with any period of
suspension
disqualification
under section
3123.58 or 4506.16 of the
Revised
Code.
No person who
is disqualified for life from holding
a
commercial driver's license
under section 4506.16 of the Revised
Code shall be issued a
driver's license under
Chapter
4507. of
the
Revised Code during the period for which
the
commercial
driver's
license was suspended under this section,
and
no person
whose
commercial driver's license is suspended
under
this section
shall
be issued a driver's license under
Chapter 4507. of the
Revised
Code during the period of the
suspension.
Sec. 4510.16. (A)
No person, whose driver's or commercial
driver's license or temporary instruction permit or nonresident's
operating
privilege has been
suspended or canceled pursuant to
Chapter 4509. of the
Revised
Code, shall operate any motor vehicle
within this state, or knowingly
permit any motor vehicle owned by
the person to be operated by
another person in the state, during
the period of the suspension or
cancellation, except as
specifically authorized by Chapter
4509. of the Revised Code. No
person shall operate a motor
vehicle within this state, or
knowingly permit any motor vehicle owned by the person to be
operated by another person in the state,
during the period in
which the person is required by section 4509.45 of
the Revised
Code to file and maintain proof of financial
responsibility for a
violation of section 4509.101 of the Revised
Code, unless proof of
financial responsibility is
maintained with respect to that
vehicle.
(B)(1) Whoever violates this section is guilty of driving
under
financial responsibility law suspension or cancellation, a
misdemeanor of the first degree. The court shall impose a class
seven
suspension of the offender's driver's or
commercial driver's
license or permit or nonresident operating
privilege for
the
period of time specified in division (A)(7) of
section 4510.02 of
the
Revised Code.
(2) If the vehicle is registered in
the offender's name and
division (B)(3) of this section does not apply, the
court, in
addition to or independent of
any other
sentence that it
imposes
upon the offender, may order
the
immobilization for no more than
thirty days of the
vehicle involved in the
offense and the
impoundment for no more than thirty
days of the license plates
of
that vehicle.
(3) If the vehicle is registered in the offender's name and
if, within five years of the offense, the offender has been
convicted of or
pleaded guilty to
one violation of
this section or
a substantially
similar municipal ordinance or township
resolution, the court, in addition to or independent of any other
sentence that it imposes on the offender, shall
order
the
immobilization for
sixty
days of the vehicle involved in the
offense and impoundment for
sixty
days of the license plates of
that vehicle.
If the vehicle is registered in the offender's name and if,
within five years of the offense, the offender has been convicted
of or
pleaded guilty to
two or more
violations of this section or
a
substantially similar municipal
ordinance or township
resolution, the court, in addition to or independent of any other
sentence that it imposes upon the offender, shall order the
criminal
forfeiture
to the state of the
vehicle involved in the
offense.
If
title to a motor vehicle that
is subject to an order
for
criminal
forfeiture under this division
is assigned or
transferred
and
division (B)(2) or (3) of section
4503.234 of the
Revised Code
applies, in addition to or
independent of any other
penalty
established by law, the court may
fine the offender the
value of
the vehicle as determined by
publications of the national
auto
dealers association. The
proceeds from any fine so imposed
shall
be distributed in
accordance with division (C)(2) of that
section.
(C) Any order for immobilization and impoundment under this
section shall be issued and enforced in accordance with sections
4503.233 and
4507.02
of the Revised Code, as applicable. Any
order
of criminal
forfeiture
shall be issued and enforced in
accordance
with section 4503.234 of the
Revised Code. The court
shall not
release a vehicle from
immobilization orders under this
section
unless the court is presented with
current proof of
financial
responsibility with
respect to that vehicle.
Sec. 4510.161. (A) The requirements and sanctions
imposed
by
divisions (B) and (C) of this section are an adjunct to
and
derive
from the state's exclusive authority over the
registration
and
titling of motor vehicles and do not comprise a
part of the
criminal sentence to be imposed upon a person who
violates a
municipal ordinance or township resolution that is substantially
equivalent to
section
4510.14 or
to division
(A) of section
4510.16
of the Revised
Code.
(B)(1) If a person is convicted of or pleads guilty to a
violation of a
municipal ordinance or township resolution that is
substantially equivalent to division
(A) of section
4510.16 of the
Revised Code,
if the
vehicle
the offender was
operating at the
time of the
offense is
registered in
the
offender's name, and if
division (B)(2) of this section does not apply, the court, in
addition to or independent of any sentence that it imposes upon
the offender for the offense, may order the immobilization
for not
more than
thirty days
of the
vehicle the offender was operating at
the time
of the
offense and
the impoundment for not more than
thirty days of the
identification
license
plates of that vehicle.
(2) If a person is convicted of or pleads guilty to a
violation of a municipal ordinance or township resolution that is
substantially equivalent to division (A) of section 4510.16 of the
Revised Code and if, within five years of the current offense, the
offender has been convicted of or pleaded guilty to one or more
violations
of
division (A) of section 4510.16 or former division
(B)(1)
of
section 4507.02 of the Revised Code or a
municipal
ordinance or township resolution that
is substantially equivalent
to
either
division, the court, in addition to or independent of
any sentence that it imposes upon the offender for the offense,
shall do whichever of the following is applicable:
(a) If, within five years of the current offense, the
offender has been convicted of or pleaded guilty to one such
violation, the court
shall
order the immobilization for sixty
days
of the vehicle the
offender was operating at the time of the
offense and the
impoundment for sixty days of the identification
license plates of
that vehicle.
(b) If, within five years of the current offense, the
offender has been convicted of or pleaded guilty to two or more
such
violations,
the court shall order the criminal
forfeiture
to
the
state of the
vehicle the offender was operating at the time
of
the
offense.
(C) If a person is convicted of or pleads guilty to a
violation of a
municipal ordinance or township resolution that is
substantially equivalent to
section
4510.14 of the Revised Code,
the
court,
in
addition to and
independent of any sentence that it
imposes
upon
the offender for
the offense,
if the
vehicle
the
offender was operating at the
time of the offense is
registered in
the offender's name, shall
do
whichever of the following is
applicable:
(1) If, within five years of the current offense, the
offender has not been convicted of or pleaded guilty to a
violation of
section 4510.14 or former division (D)(2) of section
4507.02 of the Revised
Code or a municipal ordinance or township
resolution that is
substantially equivalent to
that
section or
former division, the
court shall order the
immobilization for
thirty days of the
vehicle the offender was operating at the time
of the offense and
the impoundment for thirty days of the
identification license
plates of that vehicle.
(2) If, within five years of the current offense, the
offender has been convicted of or pleaded guilty to one violation
of
section 4510.14 or former division (D)(2) of section 4507.02 of
the
Revised Code or a
municipal ordinance or township resolution
that is substantially
equivalent to that
section or former
division, the court shall
order the immobilization
for sixty days
of the vehicle the
offender was operating at the time of the
offense and the
impoundment for sixty days of the identification
license plates of
that vehicle.
(3) If, within five years of the current offense, the
offender has been convicted of or pleaded guilty to two or more
violations of
section 4510.14 or former division (D)(2) of section
4507.02 of the Revised
Code or a municipal ordinance or township
resolution that is
substantially equivalent to
that
section or
former division, the
court shall order the criminal
forfeiture to
the state of the
vehicle the offender was operating at the time
of
the offense.
(D) An order of criminal forfeiture issued pursuant to
this
section shall be issued and enforced in accordance with
section
4503.234 of the Revised Code. An order for the
immobilization and
impoundment of a vehicle issued pursuant
to this section
shall be
issued and enforced in accordance with
section 4503.233
of the
Revised Code.
Sec. 4510.17. (A) The registrar of motor vehicles
shall
impose a class D
suspension of the
person's driver's license,
commercial driver's license,
temporary
instruction permit,
probationary license, or nonresident operating
privilege for the
period of time specified in division (B)(4) of
section 4510.02 of
the Revised Code on any person who is a
resident of
this state and
is convicted of or
pleads guilty to a
violation of
a statute of
any other state or any federal
statute
that is
substantially
similar to section 2925.02, 2925.03,
2925.04,
2925.041, 2925.05,
2925.06,
2925.11, 2925.12, 2925.13,
2925.14,
2925.22, 2925.23,
2925.31, 2925.32,
2925.36, or 2925.37
of the
Revised Code. Upon
receipt of a
report from a court, court
clerk,
or other official
of any other
state or from any federal
authority
that a resident
of this state
was convicted of or
pleaded guilty
to an
offense
described in this division, the
registrar shall send
a notice by
regular first class mail to the
person, at
the
person's last known
address as shown in the records
of the bureau
of motor vehicles,
informing the person of the
suspension, that the
suspension
will
take
effect twenty-one
days from the date of the notice, and that,
if
the person wishes
to
appeal the suspension or denial, the
person
must file a
notice
of appeal within
twenty-one days of the
date of
the notice
requesting a hearing on
the matter. If the
person
requests a
hearing, the registrar
shall hold the hearing
not more
than
forty
days after receipt by the registrar of the
notice of
appeal. The
filing of a notice of
appeal does not stay
the
operation of the
suspension
that must be imposed
pursuant to
this
division. The scope of the
hearing shall be
limited to
whether
the person actually was convicted of
or pleaded
guilty to
the
offense for which the
suspension
is to be
imposed.
The
suspension
the registrar is required
to impose
under
this
division shall end either on the last day of
the class D
suspension period or of the
suspension
of the person's nonresident
operating
privilege imposed by the
state or federal court,
whichever is earlier.
The registrar shall subscribe to or otherwise participate
in
any information system or register, or enter into reciprocal
and
mutual agreements with other states and federal authorities,
in
order to facilitate the exchange of information with other
states
and the United States government regarding persons who
plead
guilty to or are convicted of offenses described in this
division
and therefore are subject to the suspension or denial
described in
this division.
(B) The registrar shall
impose
a class D suspension of the
person's
driver's license, commercial
driver's license, temporary
instruction permit,
probationary
license, or nonresident operating
privilege for the period of
time
specified in division (B)(4) of
section 4510.02 of the Revised
Code on any
person who is a
resident of this state and is
convicted of
or
pleads guilty to a
violation of a statute
of any
other state
or a
municipal ordinance
of a municipal corporation
or township resolution or similar local
law of a township or similar political subdivision located in
any
other state that is
substantially similar to
section 4511.19
of
the Revised Code.
Upon
receipt of a report
from another state
made
pursuant to
section
4510.61 of the
Revised Code
indicating
that a
resident of
this
state was
convicted
of or pleaded guilty
to an
offense
described
in this
division, the
registrar shall
send
a
notice by
regular
first class
mail to the person, at the
person's
last known
address
as shown in
the records of the bureau
of motor
vehicles,
informing
the person
of the suspension, that the
suspension or
denial will
take effect
twenty-one
days from the
date of the
notice, and that,
if
the person wishes
to appeal the
suspension,
the
person must
file a
notice
of appeal within
twenty-one days of
the
date of the
notice
requesting a hearing on
the matter. If the
person requests
a
hearing, the registrar shall
hold the hearing
not more than
forty
days after receipt by the
registrar of the
notice
of appeal.
The
filing of a notice of
appeal does not stay
the
operation of
the
suspension
that must be
imposed
pursuant to
this
division.
The scope of the hearing shall
be
limited to
whether
the person
actually was convicted of or
pleaded
guilty to
the
offense for
which the suspension
is
to be
imposed.
The
suspension
the registrar is required
to impose
under
this
division shall end either on the last day of
the class D
suspension period or of the
suspension
of the person's nonresident
operating
privilege imposed by the
state or federal court,
whichever is earlier.
(C) The registrar shall
impose
a class D suspension of the
child's driver's license,
commercial
driver's license, temporary
instruction permit, or nonresident
operating privilege for the
period of time specified in division
(B)(4) of section 4510.02 of
the Revised Code on any
child who is
a resident of this state and
is convicted of or
pleads guilty to a
violation of a statute of
any other state or
any federal statute
that is substantially
similar to section
2925.02, 2925.03,
2925.04,
2925.041, 2925.05,
2925.06, 2925.11,
2925.12, 2925.13,
2925.14, 2925.22, 2925.23,
2925.31, 2925.32,
2925.36, or 2925.37
of the Revised Code. Upon
receipt of a report
from a court,
court
clerk, or other official
of any other state or
from any
federal
authority that a child who
is a resident of this
state
was
convicted of or pleaded guilty to
an offense described
in
this
division, the registrar shall send a
notice by regular
first
class
mail to the child, at the child's
last known address
as shown in
the records of the bureau of motor
vehicles, informing
the child
of the suspension, that the
suspension or
denial will
take effect
twenty-one days from the
date of the
notice, and that,
if the child wishes to
appeal the
suspension, the child
must file a notice of appeal within
twenty-one
days of the date of
the notice requesting a hearing on
the matter.
If the child
requests a hearing, the registrar shall
hold the
hearing not more
than forty
days after receipt by the
registrar of
the notice of
appeal. The filing of a notice of
appeal does not
stay the
operation of the suspension
that must be
imposed
pursuant to this division. The scope of the
hearing shall
be
limited to whether the child actually was convicted of
or
pleaded
guilty to the offense for which
the suspension
is to be
imposed.
The
suspension the registrar is required to impose
under
this
division shall end either on the last day of
the class D
suspension period or of the suspension of the
child's nonresident
operating privilege
imposed by the state or
federal court,
whichever is earlier.
If the child is a resident of this state
who
is sixteen
years of
age or older and does not have a current,
valid Ohio
driver's or
commercial driver's license or permit, the
notice shall
inform the
child that the child will be denied
issuance of a driver's or
commercial driver's license or permit
for six months beginning on
the date of the notice. If the child
has not attained the age of
sixteen years on the date of the
notice, the notice shall inform
the child that the period of
denial of six months shall commence
on the
date the child attains
the age of sixteen years.
The registrar shall subscribe to or otherwise participate
in
any information system or register, or enter into reciprocal
and
mutual agreements with other states and federal authorities,
in
order to facilitate the exchange of information with other
states
and the United States government regarding children who
are
residents of this state and plead guilty to or are convicted
of
offenses described in this division and therefore are subject
to
the suspension or denial described in this division.
(D) The registrar shall
impose
a class D suspension of the
child's
driver's license, commercial
driver's license, temporary
instruction permit,
probationary
license, or nonresident operating
privilege for the period of
time
specified in division (B)(4) of
section 4510.02 of the Revised
Code on any
child who is a resident
of this state and
is convicted
of or
pleads guilty to a
violation
of a statute of
any other state
or a
municipal ordinance of a
municipal
corporation or township resolution or similar local law
of a township or similar political subdivision located in any
other state that is
substantially
similar to section 4511.19 of
the Revised Code.
Upon
receipt of
a report from another state
made
pursuant to
section
4510.61 of the Revised Code
indicating
that a
child who
is a
resident
of this state was
convicted of or
pleaded
guilty to
an
offense
described in this
division, the
registrar
shall send a
notice by
regular first class
mail to the
child, at
the child's
last known address
as shown in
the records
of the
bureau of motor
vehicles,
informing the child
of the
suspension,
that the
suspension
will
take
effect twenty-one
days from the date
of the
notice, and that,
if
the
child wishes to appeal
the
suspension,
the child
must file a notice
of appeal within
twenty-one days of
the date of
the notice requesting a hearing on
the matter. If the
child
requests a hearing, the registrar shall
hold the hearing not
more
than forty
days after receipt by the
registrar of the notice
of
appeal. The filing of a notice of
appeal does not stay the
operation of the suspension
that must be
imposed
pursuant to this
division. The scope of the
hearing shall
be
limited to whether
the child actually was convicted of
or
pleaded
guilty to the
offense for which the
suspension
is to be
imposed.
The
suspension the registrar is required to impose
under
this
division shall end either on the last day of
the class D
suspension period or of the suspension of the
child's nonresident
operating privilege
imposed by the state or
federal court,
whichever is earlier.
If the child is a resident of this state
who
is sixteen
years of
age or older and does not have a current,
valid Ohio
driver's or
commercial driver's license or permit, the
notice shall
inform the
child that the child will be denied
issuance of a driver's or
commercial driver's license or permit
for six months beginning on
the date of the notice. If the child
has not attained the age of
sixteen years on the date of the
notice, the notice shall inform
the child that the period of
denial of six months shall commence
on the
date the child attains
the age of sixteen years.
(E) Any person whose license or permit has been suspended
pursuant to
this section may file a
petition in the municipal or
county court, or in case the person
is under
eighteen years of
age, the juvenile court, in whose
jurisdiction the person
resides,
agreeing to
pay the cost of the
proceedings and alleging that the
suspension
would seriously
affect the person's ability to continue
the person's
employment.
Upon satisfactory proof that there is
reasonable cause to believe
that the suspension would seriously
affect the person's ability to
continue
the person's employment,
the judge may grant the person
limited driving
privileges during
the period during
which the
suspension otherwise would be
imposed,
except that the
judge shall
not grant
limited driving
privileges
for
employment as a
driver
of a commercial motor vehicle to any
person
who would be
disqualified from operating a commercial motor
vehicle under
section 4506.16
of the Revised Code if the violation
had occurred
in this state, or during any
of the following periods
of time:
(1) The first fifteen days of a suspension under division (B)
or (D) of this section, if
the person
has not been convicted
within
six years of
the date of the
offense giving rise to the
suspension under this
section of a
violation of any of the
following:
(a) Section 4511.19 of the Revised Code, or a municipal
ordinance relating to operating a vehicle while under the
influence of
alcohol, a drug of abuse, or alcohol and a drug of
abuse;
(b) A
municipal ordinance relating to operating a motor
vehicle with a
prohibited concentration of alcohol, a controlled
substance, or a metabolite of a controlled substance in the whole
blood,
blood serum or plasma, breath, or
urine;
(c) Section 2903.04 of the Revised Code in a case in which
the person was subject to the sanctions described in division (D)
of
that section;
(d) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or
a municipal ordinance or
township resolution that
is substantially similar to either of
those
divisions;
(e) Division (A)(2), (3), or (4) of
section 2903.06,
division
(A)(2) of section
2903.08, or
as it existed prior
to
March 23,
2000, section 2903.07 of
the Revised
Code, or
a
municipal
ordinance or township resolution that is substantially
similar to
any of those
divisions
or that former section,
in a
case in which
the jury or
judge found
that the
person was under
the influence of
alcohol, a
drug of
abuse, or
alcohol and a drug
of abuse.
(2) The first thirty days of a suspension under division (B)
or (D) of this section, if the person
has been convicted one time
within
six years of the date of
the
offense giving rise to the
suspension under this section of
any
violation identified in
division
(E)(1) of
this section.
(3) The first one hundred eighty days of a suspension under
division (B) or (D) of this section, if
the person has been
convicted two times within
six
years of
the
date of the offense
giving rise to the suspension
under this
section of any violation
identified in division
(E)(1) of this
section.
(4) No
limited driving privileges may be
granted if the
person has been convicted three or more times
within five years of
the date of the offense giving rise to a
suspension under division
(B) or (D) of this
section of any violation identified in
division
(E)(1) of this
section.
If a person petitions for
limited driving
privileges
under
division (E) of this section, the registrar shall
be
represented
by the county prosecutor of the county in which
the
person resides
if the petition is filed in a juvenile court
or
county court,
except that if the person resides within a city
or
village that is
located within the jurisdiction of the county
in
which the
petition is filed, the city director of law or
village
solicitor
of that city or village shall represent the
registrar.
If the
petition is filed in a municipal court, the
registrar shall
be
represented as provided in section 1901.34
of the Revised Code.
In granting
limited driving privileges under
division
(E) of
this section, the court may impose any condition
it
considers
reasonable and necessary to limit the use of a
vehicle
by the
person. The court shall deliver to the person a
permit
card, in a
form to be prescribed by the court, setting
forth the
time, place,
and other conditions limiting the person's
use of a
motor vehicle.
The grant of
limited driving
privileges shall
be conditioned upon
the person's having the
permit in the person's
possession at all
times during which
the
person is
operating a
vehicle.
A person granted
limited driving privileges who
operates
a
vehicle for other than
limited purposes,
in violation of
any
condition imposed by the court or without
having the permit
in
the
person's possession, is guilty of a
violation of
section
4510.11
of the
Revised Code.
(F) As used in divisions (C) and (D) of this section:
(1)
"Child" means a person who is under the age of
eighteen
years, except that any person who violates a statute or
ordinance
described in division (C) or (D) of this section prior
to
attaining eighteen years of age shall be deemed a
"child"
irrespective of the person's age at the time the complaint
or
other
equivalent document is filed in the other state or a
hearing,
trial, or other proceeding is held in the other state on
the
complaint or other equivalent document, and irrespective of
the
person's
age when the period of license suspension or denial
prescribed in
division (C) or (D) of this section is imposed.
(2)
"Is convicted of or pleads guilty to" means, as it
relates to a child who is a resident of this state, that in a
proceeding conducted in a state or federal court located in
another state for a violation of a statute or ordinance described
in division (C) or (D) of this section, the result of the
proceeding is any of the following:
(a) Under the laws that govern the proceedings of the
court,
the child is adjudicated to be or admits to being a
delinquent
child or a juvenile traffic offender for
a violation described in
division (C) or (D) of this
section that would be a crime if
committed by an adult;
(b) Under the laws that govern the proceedings of the
court,
the child is convicted of or pleads guilty to a violation
described in
division (C) or (D) of this section;
(c) Under the laws that govern the proceedings of the
court,
irrespective of the terminology utilized in those laws,
the result
of the court's proceedings is the
functional equivalent of
division (F)(2)(a) or (b) of this
section.
Sec. 4510.22. (A) If a person who has a current
valid
Ohio
driver's, commercial driver's license,
or
temporary
instruction
permit is charged with a
violation of any provision in
sections
4511.01 to 4511.76,
4511.84,
4513.01 to 4513.65,
or
4549.01
to
4549.65 of the Revised Code
that is classified as a
misdemeanor
of
the first, second, third,
or fourth degree or with
a violation
of
any
substantially equivalent
municipal ordinance
or township
resolution and if the person either fails to appear in court at
the
required
time and place to answer the charge or pleads guilty
to
or is
found guilty of the violation and fails within the time
allowed by
the court to pay the fine imposed by the court, the
court shall
declare the
forfeiture of the person's
license.
Thirty
days
after the declaration of forfeiture, the court shall
inform
the registrar of
motor vehicles of the
forfeiture by
entering
information
relative to the
of forfeiture on a
form
approved and furnished by
the
registrar and sending the form
to
the registrar. The court
also shall forward
the person's
license,
if it is in the
possession of the
court, to the
registrar.
The registrar shall
impose a class F
suspension of
the
person's driver's or commercial driver's license,
or temporary
instruction permit for the period of time specified in division
(B)(6) of section 4510.02 of the Revised Code on
any person who is
named in a declaration received by the registrar under this
section. The registrar shall send written
notification
of the
suspension to the person
at
the person's last
known
address and,
if the person is in possession of the license,
order
the person to
surrender the person's
license
or permit to
the registrar within
forty-eight
hours.
No valid driver's or
commercial driver's license shall be
granted to the person after
the suspension, unless the court
having
jurisdiction of the offense that led to the
suspension
orders that the
forfeiture be terminated.
The court
shall
order
the termination of the forfeiture if the person
thereafter appears
to answer the charge and pays any fine imposed
by the court or
pays the fine originally imposed by the court.
The
court
shall
inform the registrar of the termination of the
forfeiture by
entering
information relative to the
termination on a form
approved and furnished by
the registrar and
sending the form to
the registrar. The
person
shall pay to the bureau
of motor
vehicles a fifteen-dollar reinstatement fee
to cover the costs of
the
bureau
in administering
this
section. The
registrar
shall
deposit
the fee into
the state bureau of
motor vehicles fund
created
by section 4501.25 of the Revised
Code.
(B) In addition to suspending the driver's or commercial
driver's license
or permit of the person named in a declaration of
forfeiture, the registrar, upon
receipt from the court
of the copy
of the declaration of
forfeiture, shall
take any measures that
may
be necessary to ensure that neither the
registrar
nor any
deputy
registrar accepts any application for the
registration or
transfer
of registration of any motor vehicle
owned or leased by
the person
named in the declaration of forfeiture.
However, for a motor
vehicle
leased by a person named
in a declaration of forfeiture,
the registrar
shall not
implement
the preceding sentence until
the
registrar
adopts
procedures for
that implementation under section
4503.39
of
the
Revised Code.
The
period of denial of registration
or transfer
shall continue
until
such time as the court having
jurisdiction of
the offense
that led
to the suspension
orders the
forfeiture
be
terminated. Upon
receipt
by the registrar of
an
order
terminating
the
forfeiture, the registrar also
shall take
any
measures
that may be
necessary to
permit the person to
register a
motor vehicle owned
or leased by the person or
to
transfer the
registration of such a
motor vehicle, if the person
later
makes
application to take such
action and otherwise is
eligible to
register
the motor vehicle or
to transfer its
registration.
The registrar shall not be required to give effect to any
declaration of
forfeiture or order terminating a
forfeiture
provided by a court under this
section
unless the information
contained in the declaration or order is
transmitted to the
registrar by means of an electronic transfer
system. The registrar
shall not restore the person's driving or vehicle registration
privileges until the person pays the reinstatement fee as provided
in this section.
The
period of denial relating to the
issuance
or transfer of
a certificate of registration for a motor
vehicle imposed
pursuant
to
this division
remains in effect
until the person pays any fine
imposed by the
court relative to the offense.
Sec. 4510.31. (A)(1) Except as provided in
division (C)
of
this section, the registrar of motor vehicles
shall suspend the
probationary driver's license, restricted
license,
or temporary
instruction permit issued to any
person when
the person
has been
convicted of, pleaded guilty to, or been
adjudicated in
juvenile
court of having committed, prior to the
person's eighteenth
birthday, any of the following:
(a) Three separate violations of
section 2903.06,
2903.08,
2921.331, 4511.12, 4511.13,
4511.15, 4511.191,
4511.20, 4511.201,
4511.202,
4511.21, 4511.22, 4511.23, 4511.25 to
4511.48, 4511.57
to
4511.65, 4511.75, 4549.02, 4549.021, or
4549.03 of the Revised
Code,
section 4510.14 of the Revised Code
involving a
suspension
imposed under section 4511.191 or 4511.196
of the Revised
Code,
section 2903.04 of the
Revised Code in a case
in
which the
person
would have been subject to the sanctions
described in
division (D)
of that section had the person been
convicted of
the
violation of
that section, former section 2903.07
of the Revised Code, or any
municipal ordinances similarly
relating to the offenses referred
to in those
sections;
(b) One violation of section 4511.19 of the Revised Code
or
a
substantially similar municipal ordinance or township resolution;
(c) Two separate violations of any of
the Revised
Code
sections referred to in
division (A)(1)(a) of this
section, or any
municipal ordinance or township resolution that is substantially
similar
to any of those
sections.
(2) Any person whose license or permit is suspended under
division
(A)(1)(a),
(b), or
(c) of
this section shall mail
or
deliver the person's probationary
driver's
license, restricted
license, or temporary
instruction permit to the registrar within
fourteen
days of notification of the suspension. The registrar
shall
retain the license or permit during the period of the
suspension. A
suspension pursuant to division (A)(1)(a) of this
section shall
be a class C
suspension, a
suspension
pursuant to
division (A)(1)(b) of this
section shall
be a class D suspension,
and a
suspension pursuant to division
(A)(1)(c) of this section
shall
be a class E suspension, all for the periods
of
time
specified in division (B) of section 4510.02 of the
Revised
Code.
If the person's probationary
driver's license, restricted
license,
or temporary
instruction permit is under suspension on
the
date
the court imposes sentence upon the person for a
violation
described in division (A)(1)(b) of this section, the
suspension
shall take effect on the next day immediately following
the end
of
that period of suspension. If the person is sixteen
years of
age
or older and pleads guilty to or is convicted of a
violation
described in division (A)(1)(b) of this section and
the
person
does not have
a current, valid probationary driver's
license,
restricted
license, or temporary instruction permit, the
registrar
shall
deny the issuance to the person of a
probationary
driver's
license, restricted license, driver's
license, commercial
driver's
license, or temporary instruction permit, as the case
may
be, for
six months beginning on
the date the court imposes
sentence upon
the person for the
violation. If the person has not
attained the
age of sixteen
years on the date the court imposes
sentence upon
the person
for the
violation, the period of denial
shall commence
on the date the
person attains the age of sixteen
years.
(3) The registrar shall suspend the person's license or
permit
under division (A) of this section regardless of whether
the
disposition of the case in juvenile court occurred after the
person's eighteenth birthday.
(B) The registrar also shall
impose a class D
suspension
for
the period of time specified in division (B)(4) of
section
4510.02
of the Revised Code of the temporary
instruction
permit or
probationary driver's license of any person
under the
age of
eighteen who has been adjudicated
an unruly
child,
delinquent
child, or
juvenile traffic offender for having
committed
any act
that if committed by an adult would be a drug
abuse
offense
or a
violation of division (B) of section 2917.11 of the Revised
Code.
The registrar, in the registrar's discretion, may
terminate the
suspension
if the child,
at
the discretion of the
court,
attends
and satisfactorily completes a
drug
abuse or
alcohol abuse
education, intervention, or treatment
program
specified by the
court. Any person whose temporary
instruction
permit or
probationary driver's license is suspended
under this
division
shall mail or deliver the person's
permit or license
to
the
registrar within fourteen days of notification of the
suspension.
The registrar shall retain the permit or license
during
the
period
of the suspension.
(C)(1)
Except as provided in division (C)(3) of this
section,
for
any
person who is
convicted of, pleads guilty to,
or is
adjudicated in juvenile
court of having committed a
second
or
third violation of section
4511.12,
4511.13, 4511.15, 4511.20
to
4511.23, 4511.25, 4511.26 to
4511.48, 4511.57 to 4511.65, or
4511.75 of the Revised Code or
any similar municipal ordinances
and whose license or permit is suspended
under division (A)(1)(a)
or (c) of
this section, the
court in which the
second or third
conviction, finding, plea, or
adjudication
resulting in the
suspension was made, upon petition of the
person, may grant the
person
limited driving privileges
during the
period
during which
the suspension otherwise would be imposed under
division
(A)(1)(a)
or (c) of this section
if the court finds
reasonable cause to
believe that the suspension will seriously affect the person's
ability
to
continue in employment,
educational training,
vocational
training,
or treatment.
In
granting
the limited
driving
privileges, the court
shall
specify
the
purposes, times,
and
places
of the privileges and may impose
any other conditions
upon
the person's
driving a motor
vehicle
that the court
considers
reasonable and necessary.
A court that grants
limited driving privileges
to a
person
under this division shall retain the person's
probationary
driver's license, restricted license, or temporary
instruction
permit during the period the
license or permit is
suspended and
also during the period for which
limited driving privileges are
granted, and shall
deliver to
the
person a permit card, in a form
to be prescribed by the
court,
setting forth the date on which the
limited
driving
privileges will become effective,
the purposes for
which the
person may
drive, the times and places at which
the
person may
drive, and any other conditions imposed upon the
person's use of a
motor vehicle.
The court immediately shall notify the registrar, in
writing,
of a grant of
limited driving privileges
under this
division.
The
notification shall specify the date on which the
limited
driving
privileges will become effective,
the
purposes for which
the
person
may drive, the times and places at
which the person may
drive, and any other conditions imposed upon
the person's use of a
motor vehicle. The registrar shall not
suspend the probationary
driver's license, restricted
license, or
temporary instruction
permit
of any person pursuant to division
(A) of this section
during any
period for which the person has
been granted
limited
driving
privileges as provided
in this division, if the registrar
has
received the notification
described in this division from the
court.
(2)
Except as provided in division (C)(3) of this
section,
in
any case in which the temporary instruction permit or
probationary
driver's license of a person under eighteen years of
age has been
suspended under
division (A) or (B) of this section
or any other
provision
of law, the
court may grant the person
limited driving
privileges for the purpose of the
person's
practicing of
driving
with the person's parent, guardian, or other
custodian during the
period of the suspension.
Any grant of
limited driving privileges
under this division shall
comply with
division (D) of section
4510.021 of the Revised Code.
(3) A court shall not grant limited driving privileges to a
person
identified in division (C)(1) or (2) of this section if the
person,
within the preceding six years, has been convicted of,
pleaded guilty to, or
adjudicated in juvenile court of having
committed three or more violations of
one or more of the divisions
or sections set forth in divisions
(G)(2)(b) to (g) of section
2919.22
of the Revised Code.
(D) If a
person who has been granted
limited
driving
privileges under division (C) of this section is convicted
of,
pleads guilty to, or is adjudicated in juvenile court of
having
committed, a violation of
Chapter
4510. of
the Revised Code, or
a
subsequent violation of any of
the
sections of
the Revised Code
listed in division
(A)(1)(a) of this section or any
similar
municipal ordinance
during the period for which the
person was
granted
limited driving privileges, the court that
granted
the
limited driving privileges shall
suspend
the person's permit
card.
The court or the clerk
of the court
immediately shall
forward the
person's probationary
driver's
license, restricted
license, or
temporary
instruction
permit together with written
notification
of
the court's action to
the registrar. Upon receipt
of the
license
or permit and
notification, the registrar shall
impose a class C
suspension of the
person's probationary driver's
license,
restricted
license, or temporary instruction permit for
the
period
of
time specified in division (B)(3) of section
4510.02 of the
Revised Code. The registrar shall retain
the
license or permit
during the period of suspension, and no further
limited
driving
privileges shall be granted during
that period.
(E) No application for a driver's or commercial driver's
license shall be received from any person whose probationary
driver's license, restricted license, or temporary
instruction
permit has been suspended under
this section until
each of the
following has occurred:
(1) The suspension period has expired;
(2) A temporary
instruction permit or commercial driver's
license temporary
instruction permit has been issued;
(3) The person successfully completes a juvenile driver
improvement program approved by the registrar under
section
4510.311
of the Revised
Code;
(4) The
applicant has
submitted to the examination for a
driver's license as provided
for in section 4507.11 or a
commercial driver's license as
provided in Chapter 4506. of the
Revised Code.
Sec. 4510.41. (A) As used in this section:
(1) "Arrested person" means a person who is arrested for a
violation of
section
4510.14, 4510.16,
or
4511.203 of the
Revised
Code,
or a municipal ordinance or township resolution that is
substantially
equivalent to any of
those
sections, and whose
arrest
results
in
a
vehicle being seized under division (B) of
this
section.
(2) "Vehicle owner" means either of the following:
(a) The person in whose name is registered, at the time of
the seizure, a
vehicle that is seized under division (B) of this
section;
(b) A person to whom the certificate of title to a
vehicle
that is seized under division (B) of this section has been
assigned and who has not obtained a certificate of title to the
vehicle in that person's name, but who is deemed by the court as
being the
owner of the vehicle at the time the vehicle was seized
under division
(B) of this section.
(3) "Interested party" includes the owner of a vehicle
seized
under this
section, all lienholders, the
arrested person,
the
owner of
the place of storage at which a
vehicle seized under
this
section is
stored, and the person or
entity that caused the
vehicle to be
removed.
(B)(1) If a person is arrested for a violation of
section
4510.14
or
4511.203 of the Revised
Code or a municipal
ordinance
or township resolution that is substantially equivalent to either
of those
sections or if a person is arrested for a violation of
section 4510.16 of the Revised Code or a municipal ordinance or
township resolution that is substantially equivalent to that
section and if division (B)(3) of section 4510.16 or division
(B)(2) of section 4510.161 of the Revised Code applies, the
arresting officer
or another
officer of
the law
enforcement agency
that employs the arresting officer, in
addition
to any action that
the arresting officer is required or
authorized
to take by any
other provision of law, shall seize the
vehicle
that the person
was operating at the time of,
or that was
involved
in, the alleged
offense
if the vehicle is registered in
the
arrested person's name
and
its license plates.
A law
enforcement
agency that employs a
law enforcement
officer who
makes an arrest
of a type that is
described in
this
division
and that involves a
rented or
leased
vehicle
that is being rented or leased for a
period
of thirty days
or less shall notify, within
twenty-four
hours
after the officer
makes the arrest, the lessor or owner of
the
vehicle regarding the
circumstances of
the arrest and the
location
at which the vehicle
may be picked
up. At the time of
the seizure
of the vehicle, the
law
enforcement officer who made
the arrest
shall give the
arrested
person written notice that the
vehicle and
its
license
plates have been seized; that the vehicle
either will
be
kept by
the officer's law enforcement agency or
will be
immobilized at
least until the person's initial appearance
on the
charge of the
offense for which the arrest was made; that,
at the
initial
appearance, the court in certain circumstances may
order
that the
vehicle and license plates be released to
the
arrested person
until the disposition of that
charge; that,
if
the
arrested person
is convicted of that charge, the court
generally
must order the
immobilization of the vehicle and the
impoundment
of its license
plates or the forfeiture of the
vehicle; and that
the arrested
person
may be charged expenses or
charges
incurred
under this
section and section 4503.233 of the
Revised
Code for
the removal
and storage of the vehicle.
(2) The arresting officer or a law enforcement officer of
the
agency
that employs the arresting officer shall give written
notice of the seizure under division (B)(1) of this section to
the
court that will conduct the initial
appearance of the arrested
person
on the
charges arising out of
the arrest.
Upon receipt
of
the notice, the
court promptly shall
determine whether the
arrested person is the
vehicle owner. If
the
court determines that
the
arrested person is not the vehicle
owner, it promptly shall
send by regular
mail written notice of
the seizure
to the
vehicle's
registered owner. The
written
notice
shall contain all
of the
information
required by
division
(B)(1) of this section to
be in a notice to
be given to
the
arrested person and also shall
specify the date,
time, and
place
of the arrested person's initial
appearance.
The notice also
shall
inform the vehicle owner that if
title
to a motor vehicle
that is
subject to an order for
criminal
forfeiture under this
section is
assigned or
transferred and
division (B)(2) or (3) of
section
4503.234 of the Revised Code
applies, the court may fine
the
arrested person the value of the
vehicle. The notice
also
shall
state that if
the vehicle is
immobilized under
division (A)
of
section 4503.233
of the Revised
Code, seven days after the end
of
the period of
immobilization a
law enforcement agency will
send
the vehicle
owner a notice,
informing the owner that if
the
release of the vehicle
is not
obtained in
accordance
with division
(D)(3)
of section 4503.233 of
the Revised Code, the
vehicle shall
be
forfeited. The notice also
shall inform the
vehicle owner that
the owner may be charged
expenses or charges
incurred
under this
section and section
4503.233 of the
Revised
Code for the removal
and storage of the
vehicle.
The written notice that is given
to the
arrested person
also
shall state
that if the
person
is convicted of
or pleads
guilty to
the
offense
and the court
issues an
immobilization and
impoundment
order relative to that
vehicle, division (D)(4)
of
section
4503.233 of the Revised Code
prohibits the vehicle from
being sold
during the period of
immobilization without the prior
approval of
the court.
(3) At or before the initial appearance, the vehicle
owner
may file a motion requesting the court to order that the
vehicle
and its license plates be released to the vehicle owner. Except
as
provided in this division and subject to the payment
of
expenses
or charges incurred in the removal and storage of
the
vehicle, the
court, in its discretion, then may issue an
order
releasing the
vehicle and its license plates to the
vehicle owner.
Such an order
may be conditioned upon such terms
as the court
determines
appropriate, including the posting of a
bond in an
amount
determined by the court. If the arrested
person is not the
vehicle
owner and if the vehicle owner is not
present at the
arrested
person's initial appearance, and if the
court believes
that the
vehicle owner was not provided with
adequate notice of
the initial
appearance, the court, in its
discretion, may allow
the vehicle
owner to file a motion within
seven days of the
initial
appearance. If the court allows the
vehicle owner to file
such a
motion after the initial
appearance, the extension of time
granted
by the court does not
extend the time within which the
initial
appearance is to be
conducted. If the court issues an
order for
the release of the
vehicle and its license plates, a
copy of the
order shall be
made available to the vehicle owner.
If
the vehicle
owner
presents a copy of the order to the law
enforcement agency
that
employs the law enforcement officer who
arrested the
arrested
person, the
law enforcement agency promptly
shall release the
vehicle and its
license plates to the vehicle
owner upon payment
by the vehicle
owner of any expenses or
charges
incurred in the
removal or
storage of the vehicle.
(4) A vehicle seized under division (B)(1) of this section
either shall be towed to a place specified by the law enforcement
agency that employs the arresting officer to be safely kept by
the
agency at that place for the time and in the manner specified
in
this section or shall be otherwise immobilized for the time and in
the
manner specified in this section. A law enforcement officer
of
that agency shall remove the identification license plates of
the
vehicle, and they shall be safely kept by the agency for the
time
and in the manner specified in this section. No vehicle that
is
seized and either towed or immobilized pursuant to this
division
shall be considered contraband for purposes of Chapter 2981. of
the Revised Code. The vehicle
shall not
be immobilized at any
place other than a commercially
operated
private storage lot, a
place owned by a law enforcement
or other
government agency, or a
place to which one of the
following
applies:
(a) The place is leased by or otherwise under the control
of
a law enforcement or other government agency.
(b) The place is owned by the arrested person, the
arrested
person's spouse, or a parent or child of the arrested
person.
(c) The place is owned by a private person or entity, and,
prior to the immobilization, the private entity or person that
owns the place, or the authorized agent of that private entity or
person, has given express written consent for the immobilization
to be carried out at that place.
(d) The place is a public street or highway on which the
vehicle is parked in accordance with the law.
(C)(1) A vehicle
seized under division
(B)(1) of this
section
shall be safely kept at the place to which it
is towed or
otherwise moved by the law enforcement agency that employs the
arresting officer until the initial appearance of the arrested
person
relative to the charge
in
question.
The
license plates of
the vehicle that are removed pursuant to
division (B)(1) of this
section shall be safely kept by the law
enforcement agency that
employs the arresting officer until at
least the initial
appearance of the
arrested person relative to
the charge in
question.
(2)(a)
At the initial
appearance or not less than seven
days
prior to the date of final
disposition, the court
shall notify the
arrested person that, if
title to
a motor
vehicle that is subject
to an order for criminal
forfeiture under this section
is assigned
or transferred and
division (B)(2) or (3) of
section 4503.234
of
the Revised Code
applies, the court may fine the
arrested person
the value
of the
vehicle. If, at the initial appearance, the
arrested
person
pleads guilty to the violation of
section
4510.14,
4510.16,
or
4511.203
of the Revised Code, or a
municipal
ordinance
or township resolution
that is
substantially
equivalent to any of
those
sections or
pleads no contest to and is convicted of the
violation, the
following sentencing provisions apply:
(i) If the person violated section 4510.14 or 4511.203 of the
Revised Code or a municipal ordinance or township resolution that
is substantially equivalent to either of those sections, or
violated section 4510.16 of the Revised Code or a municipal
ordinance or township resolution that is substantially equivalent
to that section and division (B)(3) of section 4510.16 or division
(B)(2) of section 4510.161 of the Revised Code applies, the court
shall impose sentence upon the
person as
provided by law
or
ordinance; the court shall order the
immobilization of the vehicle
the
arrested person was operating at
the time of, or
that was
involved
in, the offense
if registered in
the arrested person's
name and
the impoundment of its
license
plates under section
4503.233 and
section
4510.14, 4510.16,
4510.161,
or
4511.203
of
the Revised Code or the criminal
forfeiture to the
state of the
vehicle
if registered in the
arrested person's name
under
section
4503.234 and
section
4510.14,
4510.16, 4510.161,
or
4511.203
of
the Revised Code,
whichever is
applicable; and the
vehicle and its
license plates
shall not be
returned or released to the
arrested
person.
(ii) If the person violated section 4510.16 of the Revised
Code or a municipal ordinance or township resolution that is
substantially equivalent to that section and division (B)(2) of
section 4510.16 or division (B)(1) of section 4510.161 applies,
the court shall impose sentence upon the person as provided by law
or ordinance and may order the immobilization of the vehicle the
person was operating at the time of, or that was involved in, the
offense if it is registered in the arrested person's name and the
impoundment of its license plates under section 4503.233 and
section 4510.16 or 4510.161 of the Revised Code, and the vehicle
and its license plates shall not be returned or released to the
arrested person.
(b) If, at any time, the charge that the
arrested person
violated
section
4510.14, 4510.16,
or
4511.203 of the Revised
Code, or a
municipal
ordinance or township resolution that is
substantially equivalent to
any of
those
sections is dismissed
for
any
reason, the court
shall order that the vehicle seized at
the
time
of the arrest and
its license plates
immediately be released
to
the
person.
(D) If a vehicle
and its license plates are seized under
division (B)(1) of this section
and
are not
returned
or
released
to
the
arrested
person pursuant to division (C) of this
section,
the
vehicle and
its license plates shall be retained
until the
final
disposition
of the charge in question. Upon the
final
disposition
of that
charge, the court shall do whichever of
the
following is
applicable:
(1) If the arrested person is convicted of or pleads
guilty
to the violation of
section
4510.14
or
4511.203 of the
Revised
Code, or a municipal
ordinance or township resolution that is
substantially
equivalent to
either of those
sections, or to the
violation of section 4510.16 of the Revised Code or a municipal
ordinance or township resolution that is substantially equivalent
to that section and division (B)(3) of section 4510.16 or division
(B)(2) of section 4510.161 of the Revised Code applies, the court
shall
impose
sentence upon the
person as provided by law
or
ordinance and
shall order the immobilization of the vehicle the
person
was
operating at the time of, or that was involved in, the
offense
if
it is registered in the arrested person's name and the
impoundment
of its license plates under section 4503.233
and
section
4510.14,
4510.16, 4510.161,
or
4511.203 of the Revised
Code or the
criminal
forfeiture of the
vehicle
if it is registered
in the arrested
person's name under
section
4503.234 and section
4510.14,
4510.16,
4510.161,
or
4511.203 of the
Revised Code,
whichever is
applicable.
(2) If the person violated section 4510.16 of the Revised
Code or a municipal ordinance or township resolution that is
substantially equivalent to that section and division (B)(2) of
section 4510.16 or division (B)(1) of section 4510.161 applies,
the court shall impose sentence upon the person as provided by law
or ordinance and may order the immobilization of the vehicle the
person was operating at the time of, or that was involved in, the
offense if it is registered in the person's name and the
impoundment of its license plates under section 4503.233 and
section 4510.16 or 4510.161 of the Revised Code.
(3) If the arrested person is found not guilty of the
violation of
section
4510.14, 4510.16,
or
4511.203 of the
Revised
Code,
or a municipal ordinance or township resolution that is
substantially
equivalent to any of
those
sections, the court shall
order
that
the vehicle and its license plates immediately be
released to
the
arrested person.
(4) If the charge that the arrested person violated
section
4510.14,
4510.16,
or
4511.203 of
the Revised Code, or a municipal
ordinance
or township resolution that is substantially equivalent
to any of those
sections is dismissed
for any reason, the
court
shall
order that
the vehicle and its license
plates immediately be
released to the
arrested
person.
(5)
If the impoundment of the vehicle was not authorized
under
this section, the court shall order that the vehicle and its
license plates be
returned immediately to the arrested person or,
if the arrested person is not
the vehicle owner, to the vehicle
owner and shall order that the state or
political subdivision of
the law enforcement agency served by the law
enforcement officer
who seized the vehicle pay all expenses and charges
incurred in
its removal and storage.
(E) If a vehicle is seized under division (B)(2) of this
section, the time between the seizure of the vehicle and either
its release to the
arrested person
pursuant to division (C) of
this section or the issuance of an
order of immobilization of the
vehicle under section 4503.233 of
the Revised
Code shall be
credited against the period
of
immobilization ordered by the
court.
(F)(1)
Except as provided in division
(D)(4) of this
section,
the arrested person may be charged
expenses or charges
incurred in
the removal and storage of the
immobilized vehicle.
The court with
jurisdiction over the case,
after notice to all
interested
parties, including lienholders, and
after an
opportunity for them
to be heard,
if the court
finds that
the
arrested person does not
intend to
seek
release of the vehicle
at
the end of the period of
immobilization under section 4503.233
of
the Revised Code or that
the
arrested person is
not or will not
be able to
pay the expenses
and charges incurred in its removal
and storage,
may order that
title to the vehicle be transferred,
in order of
priority, first
into the name of the person or entity
that removed
it, next into
the name of a lienholder, or lastly
into the name of
the owner of
the place of storage.
Any lienholder that receives title under a court
order shall
do so on the condition that it pay any expenses or
charges
incurred in the vehicle's removal and storage. If the person or
entity that receives title to the vehicle is the person or entity
that removed
it, the person or entity shall receive title on the
condition that it pay any
lien on the vehicle. The court
shall
not
order that title be transferred to any person or entity
other
than
the owner of the place of storage if the person or
entity
refuses
to receive the title. Any person or entity that
receives
title
either may keep title to the vehicle or may
dispose of the
vehicle
in any legal manner that it considers
appropriate,
including
assignment of the certificate of title to
the motor
vehicle to a
salvage dealer or a scrap metal processing
facility.
The person or
entity shall not
transfer the vehicle
to the person
who is the
vehicle's immediate previous
owner.
If the person or entity
that receives title assigns the motor
vehicle
to a
salvage dealer or scrap metal processing facility,
the person or
entity shall send the assigned certificate of title
to the motor
vehicle to the clerk of the court of common pleas of
the county
in which the salvage dealer or scrap metal processing
facility
is located. The person or entity shall mark the face of
the
certificate of title with the words "FOR DESTRUCTION" and
shall
deliver a photocopy of
the certificate of title to the
salvage dealer or scrap metal
processing facility for its records.
(2) Whenever a court issues an order under division (F)(1)
of
this
section, the court also shall order removal of the license
plates
from the vehicle and cause them to be sent to the registrar
if
they have not already been sent to the registrar. Thereafter,
no further
proceedings shall take place under this section or
under section
4503.233 of the Revised Code.
(3) Prior to initiating a proceeding under division (F)(1)
of
this section, and upon payment of the fee under division (B) of
section 4505.14, any interested party may cause a search to be
made of the public records of the bureau of motor vehicles or the
clerk of the court of common pleas, to ascertain the identity of
any lienholder of the vehicle. The initiating party shall
furnish
this information to the clerk of the
court with jurisdiction over
the case, and the clerk shall provide
notice to the
arrested
person, any lienholder, and any other
interested parties
listed by
the initiating party, at the last
known address
supplied by the
initiating party, by certified mail,
or, at the
option of the
initiating party, by personal service or
ordinary
mail.
Sec. 4510.43. (A)(1)
The director of public safety, upon
consultation with the director of health and in accordance with
Chapter 119. of the Revised Code,
shall certify immobilizing and
disabling devices and shall publish and make
available to the
courts, without charge, a list of
approved devices together with
information about the manufacturers
of the devices and where they
may be obtained. The manufacturer of an
immobilizing or disabling
device shall pay the cost of
obtaining the certification of the
device
to the director of
public safety, and the director shall
deposit the payment in the drivers'
treatment and
intervention
fund established by sections 4511.19 and 4511.191 of
the Revised
Code.
(2) The director of public safety, in accordance with
Chapter
119. of the Revised Code, shall adopt and publish rules
setting
forth the requirements for obtaining the certification of
an
immobilizing or disabling device. The director of public
safety
shall not
certify an immobilizing or disabling
device under
this
section unless it meets the requirements specified and
published
by the director in the rules adopted pursuant to this
division. A
certified device may consist of an
ignition interlock
device, an
ignition blocking device initiated
by time or magnetic
or
electronic encoding, an activity monitor,
or any other device
that
reasonably assures compliance with an
order granting limited
driving privileges.
The requirements for an immobilizing or disabling device that
is
an ignition interlock device shall include provisions for
setting a
minimum and maximum calibration range and shall include,
but shall not
be limited to, specifications that the device
complies with all of
the following:
(a)
It does not impede the safe operation of the vehicle.
(b)
It has features that make circumvention difficult and
that do
not interfere with the normal use of the vehicle.
(c)
It correlates well with established measures of alcohol
impairment.
(d)
It works accurately and reliably in an unsupervised
environment.
(e)
It is resistant to tampering and shows evidence of
tampering
if tampering is attempted.
(f)
It is difficult to circumvent and requires premeditation
to
do so.
(g)
It minimizes inconvenience to a sober user.
(h)
It requires a proper, deep-lung breath sample or other
accurate measure of the concentration by weight of alcohol in the
breath.
(i)
It operates reliably over the range of automobile
environments.
(j)
It is made by a manufacturer who is covered by product
liability insurance.
(3) The director of public safety may adopt, in whole or in
part,
the guidelines, rules, regulations, studies, or independent
laboratory
tests performed and relied upon by other states, or
their agencies or
commissions, in the certification or approval of
immobilizing or
disabling devices.
(4) The director of public safety shall adopt rules in
accordance
with Chapter 119. of the Revised Code for the
design of
a warning
label that shall be affixed to each immobilizing or
disabling
device upon installation. The label shall contain a
warning that
any person tampering, circumventing, or otherwise
misusing the
device is subject to a fine, imprisonment, or both
and may be
subject to civil liability.
(B)
A court considering the use of a prototype device in a
pilot
program shall advise the director of public safety, thirty
days before the
use, of the prototype device and its protocol,
methodology, manufacturer, and licensor, lessor, other agent, or
owner, and the length of the court's pilot program. A prototype
device shall not be used for a violation of section 4510.14
or
4511.19 of the Revised Code, a violation of a municipal OVI
ordinance or township OVI resolution, or in relation to a
suspension
imposed under section
4511.191 of the Revised
Code. A
court that
uses a prototype
device in a pilot program,
periodically during
the existence of
the program and within
fourteen days
after
termination of the
program, shall report in
writing to the
director of
public safety
regarding the
effectiveness of the
prototype device and the
program.
(C)
If a person has been
granted limited driving privileges
with a condition of the privileges being
that the motor vehicle
that is
operated under the privileges must be equipped with an
immobilizing or
disabling device, the person may operate a motor
vehicle that is owned by the person's employer only if the
person
is
required to operate that motor vehicle
in the course and
scope
of the offender's employment. Such a person may operate
that
vehicle without the installation of an immobilizing or
disabling
device, provided that the employer has been notified
that the
person has limited driving privileges and of the nature
of the
restriction and further provided that the person has proof of the
employer's
notification in the person's possession while
operating
the
employer's vehicle for normal business duties. A
motor vehicle
owned by a business that is partly or entirely owned
or controlled
by a person with limited driving privileges is
not a motor vehicle
owned by an employer, for purposes of this
division.
Sec.
4510.53. (A) Upon
receipt of any
driver's
or
commercial
driver's license or permit that has been
suspended
under section
4511.19
or 4511.191 of the Revised
Code,
the
registrar of motor
vehicles, notwithstanding any other
provision
of law that purports
to require
the registrar to
retain the
license or
permit, may
destroy the license or permit.
(B)(1) Subject to division (B)(2) of this section, if a
driver's or commercial driver's license or permit that has been
suspended under section
4511.19
or 4511.191 of the Revised
Code is
delivered
to the registrar and if the registrar destroys the
license or
permit under authority of division (A) of this section,
the
registrar shall reissue or authorize the reissuance of a
driver's
or commercial driver's license to the person, free of
payment of
any type of fee or charge, if either of the following
applies:
(a) The person appeals the suspension of the license or
permit at
or within thirty days of the person's initial
appearance, pursuant to
section
4511.197
of the Revised Code,
the
judge of
the
court of
record or the mayor magistrate
of the
mayor's community court
who conducts the initial
appearance
terminates the suspension, and
the judge or mayor magistrate does
not suspend
the license or permit under
section 4511.196 of the
Revised Code;
(b) The person appeals the suspension of the license or
permit at
or within thirty days of the person's initial
appearance, pursuant to
section
4511.197
of the Revised Code,
the
judge of
the
court of
record or the mayor magistrate
of the
mayor's community court
who conducts the initial
appearance does
not
terminate the
suspension, the person appeals
the judge's or
mayor's decision not
to terminate the suspension
that is made at
the initial
appearance, and upon appeal of the
decision, the
suspension is
terminated.
(2) Division (B)(1) of this section applies only if the
driver's or commercial driver's license that was destroyed would
have been valid at the time in question, if it had not been
destroyed as permitted by division (A) of this section.
(C) A driver's or
commercial driver's license or
permit
issued to a person pursuant to division (B)(1) of this
section
shall bear the same expiration date as the expiration date
that
appeared on the license it replaces.
Sec. 4510.54. (A) Except as provided in division (F) of this
section, a person whose driver's or commercial
driver's
license
has been suspended for life under a class one
suspension or as
otherwise provided by law or has been suspended
for a period in
excess of
fifteen years under a class two
suspension may file a
motion with the
sentencing
court for
modification or
termination
of the suspension. The person filing the
motion
shall demonstrate
all of the following:
(1) At least fifteen years have elapsed since the suspension
began.
(2) For the past fifteen years, the person has not been
found
guilty of any felony, any offense involving a moving
violation
under
federal law, the law of this state, or the law of
any of its
political
subdivisions, or any violation of a
suspension under
this chapter or a
substantially equivalent
municipal ordinance or
township resolution.
(3) The person has proof of financial responsibility, a
policy of
liability insurance in effect that meets the minimum
standard set forth
in section 4509.51 of the Revised Code, or
proof, to the
satisfaction of the registrar of motor vehicles,
that the person is able to respond in damages in an amount at
least equal to the minimum amounts specified
in that section.
(4) If the suspension was imposed because the person was
under
the influence of alcohol, a drug of abuse, or combination of
them at the
time of the offense or because at the time of the
offense the person's whole blood, blood serum or plasma, breath,
or urine contained at least the concentration of alcohol specified
in division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the
Revised Code or at least the concentration of a listed controlled
substance or a listed metabolite of a controlled substance
specified in division (A)(1)(j) of section 4511.19 of the Revised
Code, the person also shall demonstrate
all of the
following:
(a) The person successfully completed an alcohol, drug, or
alcohol and drug treatment program.
(b) The person has not abused alcohol or other drugs for a
period
satisfactory to the court.
(c) For the past fifteen years, the person has not been
found
guilty of any alcohol-related or drug-related offense.
(B) Upon receipt of a motion for modification or termination
of
the suspension under this section, the court may schedule a
hearing on the
motion. The court may deny the motion without a
hearing but shall not grant the motion without a hearing. If the
court denies a motion without a hearing, the court may consider a
subsequent motion filed under this section by that person. If a
court denies the motion after a hearing, the court shall not
consider a subsequent motion for that person. The court shall hear
only one motion filed by a person under this section. If
scheduled, the hearing shall be
conducted
in open court within
ninety days after the date on which
the
motion is filed.
(C) The court shall notify the person whose license was
suspended
and the prosecuting attorney of the date, time, and
location of the hearing.
Upon receipt of the
notice from the
court, the prosecuting attorney shall notify the
victim or the
victim's representative of the date, time, and location of the
hearing.
(D) At any hearing under this section, the person who seeks
modification or termination of the suspension has the burden to
demonstrate,
under oath, that the person meets the requirements
of
division (A) of this section. At the hearing, the court
shall
afford the offender or the offender's counsel an opportunity
to
present oral or written information relevant to the motion.
The
court shall afford a similar opportunity to provide relevant
information to the prosecuting attorney and the victim or victim's
representative.
Before ruling on the motion, the court shall take into
account the
person's driving record, the nature of the offense
that led to the
suspension, and the impact of the offense on any
victim. In addition,
if the offender is eligible for modification
or termination of the
suspension under division (A)(2) of this
section, the court shall
consider whether the person committed any
other offense while under suspension
and determine whether the
offense is relevant to a determination under this
section. The
court may modify or terminate the suspension subject to any
considerations it considers proper if it finds that allowing the
person to drive is not likely to present a danger to the public.
After the court makes a ruling on a motion filed under this
section, the
prosecuting attorney shall notify the victim
or the
victim's representative of the court's ruling.
(E) If a court modifies a person's license suspension under
this
section and the person subsequently is found guilty of any
moving violation or
of
any substantially equivalent municipal
ordinance
or township resolution that carries as a possible
penalty the suspension of a
person's
driver's or commercial
driver's license, the court may
reimpose
the class one or other
lifetime suspension, or the class
two suspension,
whichever is
applicable.
(F) This section does not apply to any person whose driver's
or commercial driver's license or permit or nonresident operating
privilege has been suspended for life under a class one suspension
imposed under division (B)(3) of section 2903.06 or section
2903.08 of the Revised Code or a class two suspension imposed
under division (C) of section 2903.06 or section 2903.11, 2923.02,
or 2929.02 of the Revised Code.
Sec. 4511.01. As used in this chapter and in Chapter 4513.
of the Revised Code:
(A) "Vehicle" means every device, including a motorized
bicycle, in, upon, or by which any person or property may be
transported or drawn upon a highway, except
that "vehicle" does
not include any motorized
wheelchair,
any electric personal
assistive mobility
device, any
device that is moved
by
power
collected from overhead
electric
trolley wires or
that is
used
exclusively upon stationary rails
or tracks,
or any device,
other
than
a
bicycle, that is moved by human power.
(B) "Motor vehicle" means every vehicle propelled or drawn
by
power other than muscular power or power collected from
overhead
electric trolley wires, except motorized bicycles, road
rollers,
traction engines, power shovels, power cranes, and other
equipment
used in construction work and not designed for or
employed in
general highway transportation, hole-digging
machinery,
well-drilling machinery, ditch-digging machinery, farm
machinery,
and trailers
designed and
used exclusively to
transport a boat
between a place
of storage
and a marina, or in
and around a
marina, when drawn or
towed on a
street or highway
for a distance
of no more than ten
miles and at
a speed of
twenty-five miles per
hour or less.
(C) "Motorcycle" means every motor vehicle, other than a
tractor, having a saddle for the use of the operator and designed
to travel on not more than three wheels in contact with the
ground, including, but not limited to, motor vehicles known as
"motor-driven cycle," "motor scooter," or "motorcycle" without
regard to weight or brake horsepower.
(D) "Emergency vehicle" means emergency vehicles of
municipal, township, or county departments or public utility
corporations when identified as such as required by law, the
director of public safety, or local authorities, and motor
vehicles when commandeered by a police officer.
(E) "Public safety vehicle" means any of the following:
(1) Ambulances, including private ambulance companies
under
contract to a municipal corporation, township, or county,
and
private ambulances and nontransport vehicles bearing license
plates issued under section 4503.49 of the Revised Code;
(2) Motor vehicles used by public law enforcement officers
or
other persons sworn to enforce the criminal and traffic laws
of
the state;
(3) Any motor vehicle when properly identified as required
by
the director of public safety, when used in response to fire
emergency calls or to provide emergency medical service to ill or
injured persons, and when operated by a duly qualified person who
is a member of a volunteer rescue service or a volunteer fire
department, and who is on duty pursuant to the rules or
directives
of that service. The state fire marshal shall be
designated by
the
director of public safety as the certifying
agency for all
public
safety vehicles described in division
(E)(3) of this
section.
(4) Vehicles used by fire departments, including motor
vehicles when used by volunteer fire fighters responding
to
emergency
calls in the fire department service when identified as
required
by the director of public safety.
Any vehicle used to transport or provide emergency medical
service to an ill or injured person, when certified as a public
safety vehicle, shall be considered a public safety vehicle when
transporting an ill or injured person to a hospital regardless of
whether such vehicle has already passed a hospital.
(5) Vehicles used by the motor carrier
enforcement unit for
the enforcement of orders and rules of the
public
utilities
commission as specified in section 5503.34 of the
Revised Code.
(F) "School bus" means every bus designed for carrying
more
than nine passengers that is owned by a public,
private, or
governmental agency or institution of learning and operated for
the transportation of children to or from a school session or a
school function, or owned by a private person and operated for
compensation for the transportation of children to or from a
school session or a school function, provided "school bus" does
not include a bus operated by a municipally owned transportation
system, a mass transit company operating exclusively within the
territorial limits of a municipal corporation, or within such
limits and the territorial limits of municipal corporations
immediately contiguous to such municipal corporation, nor a
common
passenger carrier certified by the public utilities
commission
unless such bus is devoted exclusively to the
transportation of
children to and from a school session or a
school function, and
"school bus" does not include a van or bus
used by a licensed
child day-care center or type A family
day-care home to transport
children from the child day-care
center or type A family day-care
home to a school if the van or
bus does not have more than fifteen
children in the van or bus at
any time.
(G) "Bicycle" means every device, other than a tricycle
designed solely for use as a play vehicle by a child, propelled
solely by human power upon which any person may ride having
either
two tandem wheels, or one wheel in the front and two
wheels in the
rear, any of which is more than fourteen inches in
diameter.
(H) "Motorized bicycle" means any vehicle having either
two
tandem wheels or one wheel in the front and two wheels in the
rear, that is capable of being pedaled and is equipped with a
helper motor of not more than fifty cubic centimeters piston
displacement that produces no more than one brake
horsepower and
is capable of propelling the vehicle at a speed of no greater
than
twenty miles per hour on a level surface.
(I) "Commercial tractor" means every motor vehicle having
motive power designed or used for drawing other vehicles and not
so constructed as to carry any load thereon, or designed or used
for drawing other vehicles while carrying a portion of such other
vehicles, or load thereon, or both.
(J) "Agricultural tractor" means every self-propelling
vehicle designed or used for drawing other vehicles or wheeled
machinery but having no provision for carrying loads
independently
of such other vehicles, and used principally for
agricultural
purposes.
(K) "Truck" means every motor vehicle, except trailers and
semitrailers, designed and used to carry property.
(L) "Bus" means every motor vehicle designed for carrying
more than nine passengers and used for the transportation of
persons other than in a ridesharing arrangement, and every motor
vehicle, automobile for hire, or funeral car, other than a
taxicab
or motor vehicle used in a ridesharing arrangement,
designed and
used for the transportation of persons for
compensation.
(M) "Trailer" means every vehicle designed or used for
carrying persons or property wholly on its own structure and for
being drawn by a motor vehicle, including any such vehicle when
formed by or operated as a combination of a "semitrailer" and a
vehicle of the dolly type, such as that commonly known as a
"trailer dolly," a vehicle used to transport agricultural produce
or agricultural production materials between a local place of
storage or supply and the farm when drawn or towed on a street or
highway at a speed greater than twenty-five miles per hour, and a
vehicle designed and used exclusively to transport a boat between
a place of storage and a marina, or in and around a marina, when
drawn or towed on a street or highway for a distance of more than
ten miles or at a speed of more than twenty-five miles per hour.
(N) "Semitrailer" means every vehicle designed or used for
carrying persons or property with another and separate motor
vehicle so that in operation a part of its own weight or that of
its load, or both, rests upon and is carried by another vehicle.
(O) "Pole trailer" means every trailer or semitrailer
attached to the towing vehicle by means of a reach, pole, or by
being boomed or otherwise secured to the towing vehicle, and
ordinarily used for transporting long or irregular shaped loads
such as poles, pipes, or structural members capable, generally,
of
sustaining themselves as beams between the supporting
connections.
(P) "Railroad" means a carrier of persons or property
operating upon rails placed principally on a private
right-of-way.
(Q) "Railroad train" means a steam engine or an electric
or
other motor, with or without cars coupled thereto, operated by
a
railroad.
(R) "Streetcar" means a car, other than a railroad train,
for
transporting persons or property, operated upon rails
principally
within a street or highway.
(S) "Trackless trolley" means every car that collects its
power from overhead electric trolley wires and that is not
operated upon rails or tracks.
(T) "Explosives" means any chemical compound or mechanical
mixture that is intended for the purpose of producing an
explosion
that contains any oxidizing and combustible units or
other
ingredients in such proportions, quantities, or packing
that an
ignition by fire, by friction, by concussion, by
percussion, or by
a detonator of any part of the compound or
mixture may cause such
a sudden generation of highly heated gases
that the resultant
gaseous pressures are capable of producing
destructive effects on
contiguous objects, or of destroying life
or limb. Manufactured
articles shall not be held to be
explosives when the individual
units contain explosives in such
limited quantities, of such
nature, or in such packing, that it
is impossible to procure a
simultaneous or a destructive
explosion of such units, to the
injury of life, limb, or property
by fire, by friction, by
concussion, by percussion, or by a
detonator, such as fixed
ammunition for small arms, firecrackers,
or safety fuse matches.
(U) "Flammable liquid" means any liquid that has a flash
point of seventy degrees fahrenheit, or less, as
determined by a
tagliabue or equivalent closed cup test device.
(V) "Gross weight" means the weight of a vehicle plus the
weight of any load thereon.
(W) "Person" means every natural person, firm,
co-partnership, association, or corporation.
(X) "Pedestrian" means any natural person afoot.
(Y) "Driver or operator" means every person who drives or
is
in actual physical control of a vehicle, trackless trolley, or
streetcar.
(Z) "Police officer" means every officer authorized to
direct
or regulate traffic, or to make arrests for violations of
traffic
regulations.
(AA) "Local authorities" means every county, municipal,
and
other local board or body having authority to adopt police
regulations under the constitution and laws of this state.
(BB) "Street" or "highway" means the entire width between
the
boundary lines of every way open to the use of the public as
a
thoroughfare for purposes of vehicular travel.
(CC) "Controlled-access highway" means every street or
highway in respect to which owners or occupants of abutting lands
and other persons have no legal right of access to or from the
same except at such points only and in such manner as may be
determined by the public authority having jurisdiction over such
street or highway.
(DD) "Private road or driveway" means every way or place
in
private ownership used for vehicular travel by the owner and
those
having express or implied permission from the owner but not
by
other persons.
(EE) "Roadway" means that portion of a highway improved,
designed, or ordinarily used for vehicular travel, except the
berm
or shoulder. If a highway includes two or more separate
roadways
the term "roadway" means any such roadway separately but
not all
such roadways collectively.
(FF) "Sidewalk" means that portion of a street between the
curb lines, or the lateral lines of a roadway, and the adjacent
property lines, intended for the use of pedestrians.
(GG) "Laned highway" means a highway the roadway of which
is
divided into two or more clearly marked lanes for vehicular
traffic.
(HH) "Through highway" means every street or highway as
provided in section 4511.65 of the Revised Code.
(II) "State highway" means a highway under the
jurisdiction
of the department of transportation, outside the
limits of
municipal corporations, provided that the authority
conferred upon
the director of transportation in section 5511.01
of the Revised
Code to erect state highway route markers and
signs directing
traffic shall not be modified by sections 4511.01
to 4511.79 and
4511.99 of the Revised Code.
(JJ) "State route" means every highway that is designated
with an official state route number and so marked.
(KK) "Intersection" means:
(1) The area embraced within the prolongation or
connection
of the lateral curb lines, or, if none, then the
lateral boundary
lines of the roadways of two highways which join
one another at,
or approximately at, right angles, or the area
within which
vehicles traveling upon different highways joining
at any other
angle may come in conflict.
(2) Where a highway includes two roadways thirty feet or
more
apart, then every crossing of each roadway of such divided
highway
by an intersecting highway shall be regarded as a
separate
intersection. If an intersecting highway also includes
two
roadways thirty feet or more apart, then every crossing of
two
roadways of such highways shall be regarded as a separate
intersection.
(3) The junction of an alley with a street or highway, or
with another alley, shall not constitute an intersection.
(1) That part of a roadway at intersections ordinarily
included within the real or projected prolongation of property
lines and curb lines or, in the absence of curbs, the edges of
the
traversable roadway;
(2) Any portion of a roadway at an intersection or
elsewhere,
distinctly indicated for pedestrian crossing by lines
or other
markings on the surface;
(3) Notwithstanding divisions (LL)(1) and (2) of this
section, there shall not be a crosswalk where local authorities
have placed signs indicating no crossing.
(MM) "Safety zone" means the area or space officially set
apart within a roadway for the exclusive use of pedestrians and
protected or marked or indicated by adequate signs as to be
plainly visible at all times.
(NN) "Business district" means the territory fronting upon
a
street or highway, including the street or highway, between
successive intersections within municipal corporations where
fifty
per cent or more of the frontage between such successive
intersections is occupied by buildings in use for business, or
within or outside municipal corporations where fifty per cent or
more of the frontage for a distance of three hundred feet or more
is occupied by buildings in use for business, and the character
of
such territory is indicated by official traffic control
devices.
(OO) "Residence district" means the territory, not
comprising
a business district, fronting on a street or highway,
including
the street or highway, where, for a distance of three
hundred feet
or more, the frontage is improved with residences or
residences
and buildings in use for business.
(PP) "Urban district" means the territory contiguous to
and
including any street or highway which is built up with
structures
devoted to business, industry, or dwelling houses
situated at
intervals of less than one hundred feet for a
distance of a
quarter of a mile or more, and the character of
such territory is
indicated by official traffic control devices.
(QQ) "Traffic control devices" means all flaggers, signs,
signals, markings, and devices placed or erected by authority of
a
public body or official having jurisdiction, for the purpose of
regulating, warning, or guiding traffic, including signs denoting
names of streets and highways.
(RR) "Traffic control signal" means any device, whether
manually, electrically, or mechanically operated, by which
traffic
is alternately directed to stop, to proceed, to change
direction,
or not to change direction.
(SS) "Railroad sign or signal" means any sign, signal, or
device erected by authority of a public body or official or by a
railroad and intended to give notice of the presence of railroad
tracks or the approach of a railroad train.
(TT) "Traffic" means pedestrians, ridden or herded
animals,
vehicles, streetcars, trackless trolleys, and other
devices,
either singly or together, while using any highway for
purposes of
travel.
(UU) "Right-of-way" means either of the following, as the
context requires:
(1) The right of a vehicle, streetcar, trackless trolley,
or
pedestrian to proceed uninterruptedly in a lawful manner in
the
direction in which it or the individual is moving in
preference to
another vehicle, streetcar, trackless trolley, or pedestrian
approaching from a different direction into its or the
individual's path;
(2) A general term denoting land, property, or the
interest
therein, usually in the configuration of a strip,
acquired for or
devoted to transportation purposes. When used in
this context,
right-of-way includes the roadway, shoulders or
berm, ditch, and
slopes extending to the right-of-way limits
under the control of
the state or local authority.
(VV) "Rural mail delivery vehicle" means every vehicle
used
to deliver United States mail on a rural mail delivery
route.
(WW) "Funeral escort vehicle" means any motor vehicle,
including a funeral hearse, while used to facilitate the movement
of a funeral procession.
(XX) "Alley" means a street or highway intended to provide
access to the rear or side of lots or buildings in urban
districts
and not intended for the purpose of through vehicular
traffic, and
includes any street or highway that has been
declared an "alley"
by the legislative authority of the municipal
corporation in which
such street or highway is located.
(YY) "Freeway" means a divided multi-lane highway for
through
traffic with all crossroads separated in grade and with
full
control of access.
(ZZ) "Expressway" means a divided arterial highway for
through traffic with full or partial control of access with an
excess of fifty per cent of all crossroads separated in grade.
(AAA) "Thruway" means a through highway whose entire
roadway
is reserved for through traffic and on which roadway
parking is
prohibited.
(BBB) "Stop intersection" means any intersection at one or
more entrances of which stop signs are erected.
(CCC) "Arterial street" means any United States or state
numbered route, controlled access highway, or other major radial
or circumferential street or highway designated by local
authorities within their respective jurisdictions as part of a
major arterial system of streets or highways.
(DDD) "Ridesharing arrangement" means the transportation
of
persons in a motor vehicle where such transportation is
incidental
to another purpose of a volunteer driver and includes
ridesharing
arrangements known as carpools, vanpools, and
buspools.
(EEE) "Motorized wheelchair" means any self-propelled
vehicle
designed for, and used by, a handicapped person and that
is
incapable of a speed in excess of eight miles per hour.
(FFF) "Child day-care center" and "type A family day-care
home" have the same meanings as in section 5104.01 of the Revised
Code.
(GGG) "Multi-wheel agricultural tractor" means
a type of
agricultural tractor that has two or more wheels or tires on each
side of
one axle
at the rear of the tractor, is
designed or used
for drawing other vehicles or wheeled machinery,
has no provision
for carrying loads independently of
the drawn vehicles or
machinery, and is used principally for agricultural
purposes.
(HHH)
"Operate" means to cause or have caused movement of a
vehicle, streetcar, or trackless trolley.
(III) "Predicate motor vehicle or traffic offense" means any
of
the following:
(1) A violation of section 4511.03, 4511.051, 4511.12,
4511.132,
4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,
4511.22,
4511.23, 4511.25,
4511.26,
4511.27, 4511.28, 4511.29,
4511.30,
4511.31, 4511.32, 4511.33, 4511.34,
4511.35,
4511.36,
4511.37,
4511.38, 4511.39, 4511.40, 4511.41, 4511.42,
4511.43,
4511.431,
4511.432, 4511.44, 4511.441, 4511.451,
4511.452,
4511.46, 4511.47,
4511.48, 4511.481, 4511.49, 4511.50,
4511.511,
4511.53, 4511.54,
4511.55, 4511.56, 4511.57, 4511.58,
4511.59,
4511.60, 4511.61,
4511.64, 4511.66, 4511.661, 4511.68,
4511.70,
4511.701, 4511.71,
4511.711, 4511.712, 4511.713, 4511.72,
4511.73,
4511.763,
4511.771, 4511.78, or 4511.84 of the Revised
Code;
(2) A violation of division (A)(2) of section 4511.17,
divisions
(A) to (D) of section 4511.51, or division (A) of
section 4511.74 of the Revised Code;
(3) A violation of any provision of sections 4511.01 to
4511.76 of the Revised Code for
which no penalty otherwise is
provided in the
section that contains the provision violated;
(4) A violation of a municipal ordinance or township
resolution that is
substantially
similar to any section or
provision set forth or
described in division
(III)(1), (2), or (3)
of this section.
Sec. 4511.181. As used in sections 4511.181 to 4511.197 of
the Revised Code:
(A) "Equivalent offense" means any of the following:
(1) A violation of division (A) or (B) of section
4511.19 of
the Revised Code;
(2) A violation of a municipal OVI ordinance or township OVI
resolution;
(3) A violation of section 2903.04 of the Revised Code in a
case
in which the offender was subject to the sanctions described
in division
(D) of that section;
(4) A violation of division (A)(1) of section 2903.06 or
2903.08
of the Revised Code or a municipal ordinance or township
resolution that is
substantially equivalent to either of
those
divisions;
(5) A violation of division (A)(2), (3), or (4) of section
2903.06, division (A)(2) of section 2903.08, or former section
2903.07
of the Revised Code, or a municipal ordinance or township
resolution that is
substantially equivalent to any of
those
divisions or that former
section, in a case in which a judge or
jury as
the trier of fact
found that the offender was under the
influence of alcohol, a drug
of
abuse, or a combination of them;
(6) A violation of an existing or former municipal
ordinance
or township resolution, law
of another state, or law of the United
States that
is
substantially equivalent to division (A) or (B) of
section
4511.19 of the
Revised Code;
(7) A violation of a former law of this state that was
substantially equivalent to division (A) or (B) of section
4511.19
of the Revised Code.
(B)
"Mandatory jail term" means the mandatory term in jail
of
three, six, ten, twenty, thirty, or sixty days that must be
imposed under
division
(G)(1)(a), (b), or
(c) of section
4511.19
of the Revised Code upon an offender convicted of a
violation of
division (A) of that section and in relation to which
all of the
following apply:
(1) Except as specifically authorized under section 4511.19
of the Revised Code, the term
must be served in a jail.
(2) Except as specifically authorized under section 4511.19
of
the Revised Code, the term cannot be suspended, reduced, or
otherwise modified pursuant to
sections
2929.21 to 2929.28 or any
other
provision of the Revised Code.
(C)
"Municipal OVI ordinance" and "municipal
OVI offense"
mean any
municipal ordinance prohibiting a person from operating a
vehicle while under
the influence of alcohol, a drug of abuse, or
a combination of them or
prohibiting
a person from operating a
vehicle with a prohibited concentration
of alcohol, a controlled
substance, or a metabolite of a controlled substance in the whole
blood, blood serum or plasma, breath, or
urine.
(D)
"Township OVI resolution" and "township OVI offense" mean
any township resolution prohibiting a person from operating a
vehicle while under
the influence of alcohol, a drug of abuse, or
a combination of them or
prohibiting
a person from operating a
vehicle with a prohibited concentration
of alcohol, a controlled
substance, or a metabolite of a controlled substance in the whole
blood, blood serum or plasma, breath, or
urine.
(E) "Community residential sanction," "jail," "mandatory
prison
term," "mandatory term of local incarceration," "sanction,"
and "prison term"
have the same meanings as in
section 2929.01 of
the Revised Code.
(E)(F) "Drug of abuse" has the same meaning as in section
4506.01 of the Revised Code.
Sec. 4511.19. (A)(1) No person shall operate any vehicle,
streetcar, or trackless trolley
within this state, if,
at the
time
of the operation, any of the
following apply:
(a) The person is under the influence of alcohol, a drug
of
abuse, or
a
combination of
them.
(b) The person has a concentration of eight-hundredths of
one
per cent or more
but less than seventeen-hundredths of one per
cent
by weight
per unit volume of alcohol in the person's
whole
blood.
(c)
The person has a concentration of ninety-six-thousandths
of
one per
cent or more but less than two hundred four-thousandths
of
one per cent
by weight per unit volume of alcohol in the
person's
blood serum or
plasma.
(d) The person has a concentration of eight-hundredths of
one
gram or more but less than seventeen-hundredths of one gram
by
weight of alcohol per two hundred ten liters
of the person's
breath.
(e) The person has a concentration of eleven-hundredths
of
one gram or more
but less than two hundred
thirty-eight-thousandths of one gram
by weight of alcohol per one
hundred
milliliters of the person's urine.
(f) The person has a concentration of
seventeen-hundredths
of
one per cent or more by weight
per unit
volume
of alcohol in
the
person's
whole blood.
(g)
The person has a concentration of two hundred
four-thousandths of one per cent or more by weight per unit volume
of alcohol
in the person's blood serum or plasma.
(h) The person has a concentration of
seventeen-hundredths
of
one gram or more by weight of alcohol per
two hundred ten
liters
of the person's breath.
(i) The person has a concentration of two hundred
thirty-eight-thousandths of one gram or more by weight of alcohol
per one hundred milliliters of the person's urine.
(j) Except as provided in division (K) of this section, the
person has a concentration of any of the following controlled
substances or metabolites of a controlled substance in the
person's whole blood, blood serum or plasma, or urine that equals
or exceeds any of the following:
(i) The person has a concentration of amphetamine in the
person's urine of at least five hundred nanograms of amphetamine
per milliliter of the person's urine or has a concentration of
amphetamine in the person's whole blood or blood serum or plasma
of at least one hundred nanograms of amphetamine per milliliter of
the person's whole blood or blood serum or plasma.
(ii) The person has a concentration of cocaine in the
person's urine of at least one hundred fifty nanograms of cocaine
per milliliter of the person's urine or has a concentration of
cocaine in the person's whole blood or blood serum or plasma of at
least fifty nanograms of cocaine per milliliter of the person's
whole blood or blood serum or plasma.
(iii) The person has a concentration of cocaine metabolite in
the person's urine of at least one hundred fifty nanograms of
cocaine metabolite per milliliter of the person's urine or has a
concentration of cocaine metabolite in the person's whole blood or
blood serum or plasma of at least fifty nanograms of cocaine
metabolite per milliliter of the person's whole blood or blood
serum or plasma.
(iv) The person has a concentration of heroin in the person's
urine of at least two thousand nanograms of heroin per milliliter
of the person's urine or has a concentration of heroin in the
person's whole blood or blood serum or plasma of at least fifty
nanograms of heroin per milliliter of the person's whole blood or
blood serum or plasma.
(v) The person has a concentration of heroin metabolite
(6-monoacetyl morphine) in the person's urine of at least ten
nanograms of heroin metabolite (6-monoacetyl morphine) per
milliliter of the person's urine or has a concentration of heroin
metabolite (6-monoacetyl morphine) in the person's whole blood or
blood serum or plasma of at least ten nanograms of heroin
metabolite (6-monoacetyl morphine) per milliliter of the person's
whole blood or blood serum or plasma.
(vi) The person has a concentration of L.S.D. in the person's
urine of at least twenty-five nanograms of L.S.D. per milliliter
of the person's urine or a concentration of L.S.D. in the person's
whole blood or blood serum or plasma of at least ten nanograms of
L.S.D. per milliliter of the person's whole blood or blood serum
or plasma.
(vii) The person has a concentration of marihuana in the
person's urine of at least ten nanograms of marihuana per
milliliter of the person's urine or has a concentration of
marihuana in the person's whole blood or blood serum or plasma of
at least two nanograms of marihuana per milliliter of the person's
whole blood or blood serum or plasma.
(viii) Either of the following applies:
(I) The person is under the influence of alcohol, a drug of
abuse, or a combination of them, and, as measured by gas
chromatography mass spectrometry, the person has a concentration
of marihuana metabolite in the person's urine of at least fifteen
nanograms of marihuana metabolite per milliliter of the person's
urine or has a concentration of marihuana metabolite in the
person's whole blood or blood serum or plasma of at least five
nanograms of marihuana metabolite per milliliter of the person's
whole blood or blood serum or plasma.
(II) As measured by gas chromatography mass spectrometry, the
person has a concentration of marihuana metabolite in the person's
urine of at least thirty-five nanograms of marihuana metabolite
per milliliter of the person's urine or has a concentration of
marihuana metabolite in the person's whole blood or blood serum or
plasma of at least fifty nanograms of marihuana metabolite per
milliliter of the person's whole blood or blood serum or plasma.
(ix) The person has a concentration of methamphetamine in the
person's urine of at least five hundred nanograms of
methamphetamine per milliliter of the person's urine or has a
concentration of methamphetamine in the person's whole blood or
blood serum or plasma of at least one hundred nanograms of
methamphetamine per milliliter of the person's whole blood or
blood serum or plasma.
(x) The person has a concentration of phencyclidine in the
person's urine of at least twenty-five nanograms of phencyclidine
per milliliter of the person's urine or has a concentration of
phencyclidine in the person's whole blood or blood serum or plasma
of at least ten nanograms of phencyclidine per milliliter of the
person's whole blood or blood serum or plasma.
(2) No person who, within twenty years of the conduct
described in division (A)(2)(a) of this section, previously has
been convicted of or pleaded guilty to a violation of this
division, division (A)(1) or (B) of this section, or a municipal
OVI offense shall do both of the following:
(a) Operate any vehicle, streetcar, or trackless trolley
within this state while under the influence of alcohol, a drug of
abuse, or a combination of them;
(b) Subsequent to being arrested for operating the vehicle,
streetcar, or trackless trolley as described in division (A)(2)(a)
of this section, being asked by a law enforcement officer to
submit to a chemical test or tests under section 4511.191 of the
Revised Code, and being advised by the officer in accordance with
section 4511.192 of the Revised Code of the consequences of the
person's refusal or submission to the test or tests, refuse to
submit to the test or tests.
(B) No person under twenty-one years of age shall operate
any
vehicle, streetcar, or trackless trolley within this state,
if,
at
the time of the operation, any of the following
apply:
(1) The person has a concentration of at least
two-hundredths
of one per cent but less than eight-hundredths of
one
per cent by
weight
per unit volume of alcohol in the person's
whole blood.
(2)
The person has a concentration of at least
three-hundredths of one per
cent but less than
ninety-six-thousandths
of one per cent by weight per unit volume
of alcohol in the
person's blood serum or plasma.
(3) The person has a concentration of at least
two-hundredths
of one gram but less than eight-hundredths of one
gram by weight
of alcohol per two hundred ten liters of the
person's breath.
(4) The person has a concentration of at least
twenty-eight
one-thousandths of one gram but less than
eleven-hundredths of
one
gram by weight of alcohol per one
hundred milliliters of the
person's urine.
(C) In any proceeding arising out of one incident, a
person
may be charged with a violation of division (A)(1)(a) or (A)(2)
and a
violation
of division (B)(1), (2), or (3) of this section,
but
the person
may not be convicted of more than one violation of
these
divisions.
(D)(1)(a) In any criminal prosecution or juvenile court
proceeding for a violation of division (A)(1)(a) of this section
or for an equivalent offense, the result of any test of any blood
or urine withdrawn and analyzed at any health care provider, as
defined in section 2317.02 of the Revised Code, may be admitted
with expert testimony to be considered with any other relevant and
competent evidence in determining the guilt or innocence of the
defendant.
(b) In any criminal prosecution or juvenile court
proceeding
for a violation of
division (A) or (B) of this section
or for an
equivalent
offense, the court may admit
evidence on the
concentration of
alcohol, drugs of abuse, controlled substances,
metabolites of a controlled substance, or
a combination of
them in
the
defendant's
whole blood,
blood serum or plasma,
breath, urine,
or
other bodily
substance at the time of the
alleged violation as
shown by
chemical analysis of the
substance
withdrawn within
three hours of
the time of
the alleged violation. The three-hour
time limit specified in this division regarding the admission of
evidence does not extend or affect the two-hour time limit
specified in division (A) of section 4511.192 of the Revised Code
as the maximum period of time during which a person may consent to
a chemical test or tests as described in that section. The court
may admit evidence on the concentration of alcohol, drugs of
abuse, or a combination of them as described in this division when
a person submits to a blood, breath, urine, or other bodily
substance test at the request of a
law enforcement officer under
section 4511.191 of the
Revised
Code or a blood or urine sample is
obtained pursuant to a search warrant. Only a
physician, a
registered nurse, or a qualified
technician,
chemist,
or
phlebotomist shall withdraw a blood sample for
the
purpose of
determining
the
alcohol, drug, controlled substance, metabolite of
a controlled substance, or
combination content
of the whole
blood, blood serum,
or blood plasma.
This
limitation does
not
apply to the taking of breath or urine
specimens. A
person
authorized to withdraw blood under
this
division may
refuse to
withdraw blood
under this division, if in
that person's
opinion,
the physical welfare of
the person would
be
endangered by the
withdrawing of blood.
The bodily substance
withdrawn under division (D)(1)(b) of
this section shall be analyzed in
accordance with
methods approved
by the director of health by an
individual
possessing a valid
permit issued by the director
pursuant to section 3701.143 of the
Revised Code.
(2) In a criminal prosecution or juvenile court proceeding
for a violation of division (A) of this section
or for an
equivalent offense, if there was at the time the
bodily substance
was
withdrawn a concentration of less than
the
applicable
concentration of alcohol specified in
divisions (A)(1)(b), (c),
(d), and (e) of this section or less than the applicable
concentration of a listed controlled substance or a listed
metabolite of a controlled substance specified for a violation of
division (A)(1)(j) of this section, that fact
may be considered
with other
competent evidence
in determining the guilt or
innocence of the
defendant. This
division does not limit or
affect
a criminal
prosecution or
juvenile court proceeding for a
violation of
division (B) of this
section or
for an equivalent
offense that
is
substantially
equivalent to
that
division.
(3) Upon the request of the person who was tested, the
results of the chemical test shall be made available to the
person
or the person's
attorney, immediately upon the completion
of the
chemical test analysis.
If the chemical test was obtained pursuant to division
(D)(1)(b) of this section, the person tested may have a physician,
a registered nurse,
or a qualified technician, chemist,
or
phlebotomist of the
person's own
choosing administer a chemical
test or tests,
at the
person's
expense, in addition to any
administered at the request
of a
law enforcement
officer.
The
form
to be read to the person
to be tested, as required
under
section
4511.192 of the Revised
Code, shall state that the person
may have
an
independent test
performed at the person's expense.
The failure
or
inability to
obtain an additional
chemical test by
a person
shall not preclude
the admission of
evidence relating to
the
chemical test or tests
taken at the
request of a
law
enforcement
officer.
(4)(a) As used in divisions (D)(4)(b) and (c) of this
section, "national highway traffic safety administration" means
the national highway traffic safety administration established as
an administration of the United States department of
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.
(b) In any criminal prosecution or juvenile court proceeding
for a violation of division (A) or (B) of this section, of a
municipal ordinance or township resolution relating to operating a
vehicle while under
the influence of alcohol, a drug of abuse, or
alcohol and a drug
of abuse, or of a municipal ordinance or
township resolution relating to operating a
vehicle with a
prohibited concentration of alcohol, a controlled substance, or a
metabolite of a controlled substance in the blood,
breath, or
urine, if a law enforcement officer has administered a
field
sobriety test to the operator of the vehicle involved in the
violation and if it is shown by clear and convincing evidence that
the officer administered the test in substantial
compliance with
the testing standards for any reliable, credible,
and generally
accepted field sobriety
tests that were in effect at
the time the
tests were administered, including, but not limited
to, any
testing standards then in effect that were set by the
national
highway traffic safety administration, all
of the
following apply:
(i) The officer may testify concerning the results of the
field sobriety test so administered.
(ii) The prosecution may introduce the results of the field
sobriety test so administered as evidence in any proceedings in
the criminal prosecution or juvenile court proceeding.
(iii) If testimony is presented or evidence is introduced
under division (D)(4)(b)(i) or (ii) of this section and if the
testimony or evidence is admissible under the Rules of Evidence,
the court shall admit the testimony or evidence and the trier of
fact shall give it whatever weight the trier of fact considers to
be appropriate.
(c) Division (D)(4)(b) of this section does not limit or
preclude a court, in its determination of whether the arrest of a
person was supported by probable cause or its determination of any
other matter in a criminal prosecution or juvenile court
proceeding of a type described in that division, from considering
evidence or testimony that is not otherwise disallowed by division
(D)(4)(b) of this section.
(E)(1)
Subject to division (E)(3) of
this section,
in any
criminal prosecution or juvenile court proceeding for a
violation
of
division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)
or
(B)(1), (2), (3), or
(4) of this
section or for an equivalent
offense that is substantially equivalent to any
of those
divisions, a laboratory report from any
laboratory
personnel
issued a permit by the department of health authorizing an
analysis as described in this division that
contains an analysis
of
the whole blood, blood serum or plasma,
breath, urine, or other
bodily substance tested and that contains
all of the information
specified in this division shall be
admitted as prima-facie
evidence of the information and statements
that the report
contains. The laboratory report shall contain all
of the
following:
(a)
The signature, under oath, of any person who performed
the
analysis;
(b)
Any findings as to the identity and quantity of alcohol,
a
drug of abuse, a controlled substance, a metabolite of a
controlled substance, or a combination of them that was found;
(c)
A copy of a notarized statement by the laboratory
director or
a designee of the director that contains the name of
each certified analyst or test performer involved with the
report,
the analyst's or test performer's employment relationship
with the
laboratory that issued the report, and a notation that
performing
an analysis of the type involved is part of the
analyst's or test
performer's regular duties;
(d)
An outline of the analyst's or test performer's
education,
training, and experience in performing the type of
analysis involved and a
certification that the laboratory
satisfies appropriate quality control standards in general and, in
this
particular analysis, under rules of the
department of health.
(2) Notwithstanding any other provision of law regarding the
admission of
evidence, a report of the type described
in division
(E)(1) of this section is not admissible against the
defendant to
whom
it pertains in any proceeding, other than a preliminary
hearing or a grand
jury proceeding, unless the prosecutor
has
served a
copy of the report on the defendant's attorney or, if the
defendant has no attorney, on the defendant.
(3) A report of the type described in division (E)(1) of
this
section shall not be prima-facie evidence of the contents,
identity, or amount
of any substance if, within seven days after
the
defendant to whom the report pertains or the defendant's
attorney
receives a copy of the report, the defendant or the
defendant's
attorney demands the testimony of the person who
signed the
report. The judge in the case may extend the seven-day
time limit
in the interest of justice.
(F) Except as otherwise provided in this division, any
physician, registered nurse, or qualified
technician, chemist,
or
phlebotomist who
withdraws blood from a person pursuant
to this
section, and any hospital, first-aid station, or clinic
at which
blood is withdrawn from a person pursuant to this
section, is
immune from criminal liability and
civil
liability
based upon a
claim of assault and battery or
any other
claim that is not
a
claim
of malpractice, for any
act performed in withdrawing blood
from
the person.
The immunity
provided in this division is not
available to a
person who
withdraws blood if the person engages in
willful or wanton
misconduct.
(G)(1) Whoever violates any provision of divisions
(A)(1)(a)
to
(i) or (A)(2) of this section is
guilty of
operating a vehicle
under the
influence of alcohol, a drug of abuse, or a
combination
of them.
Whoever violates division (A)(1)(j) of this section is
guilty of operating a vehicle while under the influence of a
listed controlled substance or a listed metabolite of a controlled
substance. The court shall sentence the offender for either
offense under
Chapter 2929. of the
Revised Code, except as
otherwise
authorized or required by
divisions (G)(1)(a)
to (e)
of
this section:
(a)
Except as otherwise provided in division
(G)(1)(b), (c),
(d),
or (e) of this section, the offender is guilty of a
misdemeanor of
the first degree, and the court shall sentence the
offender to all of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory jail term
of three consecutive days. As used in
this
division, three consecutive days means seventy-two consecutive
hours.
The court
may sentence an offender to both an
intervention
program and a jail term. The court may impose a jail
term in
addition to the three-day mandatory jail term or intervention
program. However,
in no case shall the cumulative jail term
imposed for the offense
exceed six months.
The court may suspend the execution of the
three-day jail
term under this division if the court, in lieu of that
suspended
term, places the offender under a community control sanction
pursuant to section 2929.25 of the Revised Code and requires the
offender
to
attend, for three consecutive days, a
drivers'
intervention
program certified under section 3793.10 of the
Revised Code.
The
court also may suspend the execution of any
part of the
three-day
jail term under this division if it places
the offender under a community control sanction pursuant to
section 2929.25 of the Revised Code for part of the three days,
requires the offender to
attend for the suspended part of the term
a drivers' intervention
program so certified, and sentences the
offender to a jail term
equal to the remainder of the three
consecutive days that the
offender does not spend attending the
program. The court may
require the offender, as a condition of
community control and in addition
to the required attendance at a
drivers' intervention program, to
attend and satisfactorily
complete any treatment or education
programs that comply with the
minimum standards adopted pursuant
to Chapter 3793. of the Revised
Code by the director of alcohol
and drug addiction services that
the operators of the drivers'
intervention program determine that
the offender should attend and
to report periodically to the court
on the offender's progress in
the programs. The court also may
impose on the offender any other
conditions of community control
that it considers necessary.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, except as
otherwise provided in
this division, a
mandatory jail term of at
least three consecutive
days and a
requirement that the offender
attend, for three
consecutive days,
a drivers' intervention
program that is
certified pursuant to
section 3793.10 of the
Revised Code. As
used in this division,
three consecutive days
means seventy-two consecutive
hours. If the
court determines that
the offender is not
conducive to treatment
in a drivers'
intervention program, if the
offender refuses to
attend a drivers'
intervention program, or if the jail at
which
the offender is to
serve the jail term imposed can provide a
driver's intervention
program, the court shall sentence the
offender to a mandatory jail
term of at least six consecutive
days.
The court may require the offender, under a community control
sanction imposed under section 2929.25 of the Revised Code,
to
attend and satisfactorily complete any treatment or
education
programs that comply with the minimum standards adopted
pursuant
to
Chapter 3793. of the Revised Code by the director of
alcohol
and drug addiction services, in addition to the required
attendance at
drivers' intervention program, that the operators of
the drivers' intervention
program determine that
the offender
should attend and to report periodically to the court
on the
offender's progress in the programs. The court also may
impose
any
other conditions of community control on the offender that it
considers necessary.
(iii)
In all cases,
a fine of not less than two hundred
fifty
and not more than one
thousand dollars;
(iv)
In all cases, a class five license suspension of the
offender's driver's or commercial driver's license or permit or
nonresident
operating privilege from the range specified in
division (A)(5) of
section 4510.02 of the Revised Code. The court
may grant limited driving privileges
relative to the suspension
under sections 4510.021 and 4510.13 of the
Revised
Code.
(b)
Except as otherwise provided in division
(G)(1)(e)
of
this section,
an offender who, within six years of the offense,
previously
has been convicted of or pleaded guilty to one
violation of division
(A) or (B) of this section or one other
equivalent offense
is guilty of a misdemeanor of the first degree.
The court shall sentence the
offender to all of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory jail term
of ten consecutive days. The court
shall
impose the ten-day mandatory jail term under this division unless,
subject to division (G)(3) of this section, it instead
imposes a
sentence under that division consisting of both a jail term and a
term of
house arrest with electronic monitoring, with continuous
alcohol monitoring, or with both electronic monitoring and
continuous alcohol monitoring. The court may
impose a
jail term in
addition to the
ten-day mandatory jail term.
The
cumulative jail
term imposed for the offense shall not exceed
six
months.
In addition to the jail term or the term of house arrest with
electronic monitoring or continuous alcohol monitoring or both
types of monitoring and jail term, the court may require the
offender
to attend a drivers' intervention program that is
certified pursuant to
section 3793.10 of the Revised Code. If the
operator of the
program determines that the offender is alcohol
dependent, the
program shall notify the court, and, subject to
division (I) of
this section, the court shall order the offender
to obtain treatment through
an alcohol and drug
addiction program
authorized by section 3793.02 of the Revised
Code.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, except as
otherwise provided in
this division, a
mandatory jail term of
twenty consecutive days. The court
shall
impose the twenty-day
mandatory jail term under
this division
unless, subject to
division (G)(3) of this section,
it instead
imposes a sentence
under that division
consisting of both a jail
term and a term of
house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The court may impose a
jail
term in
addition to the twenty-day
mandatory jail term. The
cumulative
jail term imposed for the offense shall
not exceed six
months.
In addition to the jail term or the term of house arrest with
electronic monitoring or continuous alcohol monitoring or both
types of monitoring and jail term, the court may require the
offender
to attend a driver's intervention program that is
certified pursuant to
section 3793.10 of the Revised Code. If the
operator of the
program determines that the offender is alcohol
dependent, the
program shall notify the court, and, subject to
division (I) of
this section, the court shall order the offender
to obtain
treatment through an alcohol and drug addiction program
authorized
by section 3793.02 of the Revised Code.
(iii)
In all cases, notwithstanding the fines set forth in
Chapter
2929. of the Revised Code, a fine of not less than three
hundred fifty and not more than one thousand five hundred dollars;
(iv)
In all cases, a class four license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(4) of
section 4510.02 of
the Revised Code. The court may grant limited
driving
privileges relative to the suspension under sections
4510.021 and 4510.13 of
the Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's
name, immobilization of the vehicle involved in the
offense for ninety days in
accordance with section
4503.233 of the
Revised Code and impoundment of the license plates
of that vehicle
for ninety days.
(c)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
years of the offense,
previously
has been convicted of or pleaded guilty to two
violations of division
(A) or (B) of this section or other
equivalent offenses is
guilty of a
misdemeanor. The court shall
sentence the offender to all
of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory jail term
of thirty consecutive days. The court
shall
impose the thirty-day mandatory jail term under this division
unless, subject to division (G)(3) of this section, it
instead
imposes a sentence under that division consisting of both a jail
term and a term of
house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The
court may impose a
jail
term in addition to the
thirty-day
mandatory jail term.
Notwithstanding the jail terms
set
forth in sections 2929.21 to
2929.28 of the Revised Code, the additional
jail
term shall not
exceed one year, and the cumulative jail term
imposed
for the
offense shall not exceed
one year.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, a mandatory
jail term of
sixty
consecutive days. The
court shall impose the
sixty-day mandatory jail
term under this
division unless, subject
to division (G)(3)
of this section, it
instead imposes a sentence
under that division
consisting of both
a jail term
and a term of
house arrest with electronic monitoring,
with continuous alcohol monitoring, or with both electronic
monitoring and continuous alcohol monitoring. The court may impose
a
jail term in
addition to the sixty-day mandatory jail term.
Notwithstanding
the jail terms set forth in sections 2929.21 to
2929.28 of the
Revised Code, the additional jail term shall
not
exceed one year,
and the cumulative jail term imposed for the
offense
shall not
exceed one year.
(iii)
In all cases, notwithstanding the fines set forth in
Chapter 2929. of the Revised Code, a fine of not less than five
hundred fifty and
not more than two thousand five hundred dollars;
(iv)
In all cases, a class three license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(3) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's
name, criminal forfeiture of the vehicle involved in
the offense in
accordance with section
4503.234 of the Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of criminal forfeiture under
this division.
(vi)
In all cases, participation in an alcohol and drug
addiction
program authorized by section
3793.02 of the Revised
Code, subject to division (I) of this
section.
(d)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
years of the offense,
previously has been
convicted of or pleaded guilty to three or
four violations of division
(A) or (B) of this section or other
equivalent offenses or an offender who, within twenty years of the
offense, previously has been convicted of or pleaded guilty to
five or more violations of that nature is
guilty of a felony of
the fourth degree.
The court shall
sentence the offender to all of
the following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory prison term of one, two, three, four, or five years as
required by and in accordance with division (G)(2) of section
2929.13 of the Revised Code if the offender also is convicted of
or also pleads guilty to a specification of the type described in
section 2941.1413 of the Revised Code or, in the
discretion of
the
court, either a mandatory term of local
incarceration of sixty
consecutive
days in accordance with
division (G)(1) of section
2929.13 of the Revised Code or a
mandatory prison term of sixty
consecutive days in
accordance
with division (G)(2) of that
section if the offender is not convicted of and does not plead
guilty to a specification of that type. If the
court
imposes a
mandatory term of local incarceration, it may impose a
jail
term
in addition to the sixty-day mandatory term, the
cumulative total
of the mandatory
term and the jail term for the
offense
shall not
exceed one year, and, except as provided in division (A)(1) of
section 2929.13 of the Revised Code, no prison term is
authorized
for the
offense. If the court imposes a mandatory
prison term,
notwithstanding
division (A)(4) of section 2929.14 of
the Revised
Code, it also may sentence the offender to a definite
prison term
that shall be not less than six months and not more
than thirty
months and the
prison terms shall be imposed as described
in
division (G)(2) of
section 2929.13 of the Revised Code. If the
court imposes a mandatory prison term or mandatory prison term and
additional prison term, in addition to the term or terms so
imposed, the court also may sentence the offender to a community
control sanction for the offense, but the offender shall serve all
of the prison terms so imposed prior to serving the community
control sanction.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, a mandatory prison term of one, two, three, four, or five
years as required by and in accordance with division (G)(2) of
section 2929.13 of the Revised Code if the offender also is
convicted of or also pleads guilty to a specification of the type
described in section 2941.1413 of the Revised Code or, in the
discretion of the
court, either a mandatory term of local
incarceration of one
hundred twenty consecutive days in accordance
with division (G)(1)
of section 2929.13 of the Revised Code or a
mandatory prison
term of one hundred twenty consecutive days in
accordance with division
(G)(2) of that section if the offender is
not convicted of and does not plead guilty to a specification of
that type. If the court
imposes a mandatory
term of local
incarceration, it may impose a
jail term in addition to the one
hundred twenty-day mandatory
term, the cumulative total of the
mandatory term
and the jail term
for
the offense shall not exceed
one year, and, except as provided in division (A)(1) of section
2929.13 of the Revised Code, no prison term is
authorized for the
offense. If the court imposes a mandatory
prison term,
notwithstanding division (A)(4) of section 2929.14 of
the Revised
Code,
it also may sentence the offender to a definite
prison term
that shall be not
less than six months and not more
than thirty
months and the prison terms shall
be imposed as described
in
division (G)(2) of section 2929.13 of the Revised Code. If the
court imposes a mandatory prison term or mandatory prison term and
additional prison term, in addition to the term or terms so
imposed, the court also may sentence the offender to a community
control sanction for the offense, but the offender shall serve all
of the prison terms so imposed prior to serving the community
control sanction.
(iii)
In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine
of not less than eight hundred nor more than
ten thousand
dollars;
(iv)
In all cases, a class two license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(2) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle
involved
in
the offense
in accordance with section 4503.234 of the
Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of
criminal
forfeiture
under
this division.
(vi)
In all cases, participation in an alcohol and drug
addiction
program
authorized by section 3793.02 of the Revised
Code, subject to
division (I) of this section.
(vii)
In all cases, if the court sentences the offender to a
mandatory term of local incarceration, in addition to the
mandatory term, the
court, pursuant to section 2929.17 of the
Revised Code,
may impose a term
of house
arrest with electronic
monitoring. The term shall not
commence until after the
offender
has
served the mandatory term of local incarceration.
(e)
An offender who previously has been convicted of or
pleaded
guilty to a violation of
division (A) of this section that
was a felony, regardless
of when the violation and the conviction
or guilty plea occurred, is guilty of
a felony of the third
degree. The court shall sentence the offender to all of
the
following:
(i)
If the offender is being sentenced for a violation of
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory prison term of one, two, three, four, or five years as
required by and in accordance with division (G)(2) of section
2929.13 of the Revised Code if the offender also is convicted of
or also pleads guilty to a specification of the type described in
section 2941.1413 of the Revised Code or a
mandatory
prison term
of sixty consecutive days in
accordance with
division (G)(2) of
section 2929.13 of the Revised Code if the offender is not
convicted of and does not plead guilty to a specification of that
type. The court
may impose a prison term in
addition to the
mandatory
prison term. The cumulative
total of
a sixty-day
mandatory prison term
and the additional prison term for the
offense shall
not exceed
five years. In addition to the mandatory
prison term or mandatory prison term and additional prison term
the court imposes, the court also may sentence the offender to a
community
control sanction for the
offense, but the offender
shall serve all of the prison terms so imposed prior to serving
the community control sanction.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, a mandatory prison term of one, two, three, four, or five
years as required by and in accordance with division (G)(2) of
section 2929.13 of the Revised Code if the offender also is
convicted of or also pleads guilty to a specification of the type
described in section 2941.1413 of the Revised Code or a mandatory
prison term of
one
hundred twenty consecutive days in accordance
with division (G)(2)
of section 2929.13 of the Revised Code if the
offender is not convicted of and does not plead guilty to a
specification of that type. The
court may
impose a prison term in
addition to the mandatory
prison term. The cumulative total of a
one hundred twenty-day
mandatory prison term and
the additional
prison term for the
offense shall not exceed five
years. In
addition to the mandatory prison term or mandatory prison term and
additional prison term the court imposes, the court also may
sentence the offender to a community
control sanction for the
offense, but the offender shall serve all of the prison terms so
imposed prior to serving the community control sanction.
(iii)
In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine
of not less than eight hundred nor more than
ten thousand
dollars;
(iv)
In all cases, a class two license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(2) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle
involved
in
the offense
in accordance with section 4503.234 of the
Revised
Code. Division (G)(6) of this section applies regarding any
vehicle
that is subject to an order of
criminal
forfeiture under
this division.
(vi)
In all cases, participation in an alcohol and drug
addiction
program authorized by section 3793.02 of the Revised
Code,
subject to division (I) of this section.
(2) An offender who is convicted of or pleads guilty to a
violation of division (A) of this section and who subsequently
seeks reinstatement of the driver's or occupational driver's
license or permit
or nonresident operating privilege
suspended
under this section as a result of the conviction or
guilty plea
shall pay a reinstatement fee as provided in division
(F)(2) of
section 4511.191 of the Revised Code.
(3) If an offender is sentenced to a jail term under
division
(G)(1)(b)(i)
or (ii)
or
(G)(1)(c)(i)
or (ii)
of this
section and
if,
within sixty days of
sentencing of the offender,
the court
issues a written finding on the record
that, due to the
unavailability of space at the
jail where the offender is required
to serve the term, the offender will not
be able to begin serving
that term within the
sixty-day period following the date of
sentencing, the court may
impose an alternative sentence under
this division that includes a
term of house arrest with electronic
monitoring, with continuous alcohol monitoring, or with both
electronic monitoring and continuous alcohol monitoring.
As an alternative to a mandatory jail term of ten consecutive
days
required by division (G)(1)(b)(i) of this
section, the court,
under this division, may sentence the
offender to five consecutive
days in jail and not less than eighteen consecutive days of house
arrest with electronic monitoring, with continuous alcohol
monitoring, or with both electronic monitoring and continuous
alcohol monitoring. The cumulative total of
the five consecutive
days in
jail and the period of house arrest with electronic
monitoring, continuous alcohol monitoring, or both types of
monitoring shall
not exceed six months. The five
consecutive days
in jail do not
have to be served prior to or
consecutively to the
period of house
arrest.
As an alternative to the mandatory jail term of twenty
consecutive
days required by division (G)(1)(b)(ii)
of
this
section, the
court, under this division, may sentence the offender
to ten consecutive days
in jail and not less than thirty-six
consecutive days of
house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The
cumulative total of the ten
consecutive days in
jail and the
period of house arrest with
electronic monitoring, continuous alcohol monitoring, or both
types of monitoring shall
not exceed
six months. The ten
consecutive days in jail do not
have to be
served prior to or
consecutively to the period of house
arrest.
As an alternative to a mandatory jail term of thirty
consecutive
days required by division (G)(1)(c)(i) of
this
section, the court,
under this division, may sentence the offender
to fifteen consecutive days in
jail and not less than fifty-five
consecutive days of house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The
cumulative total of the
fifteen
consecutive days in jail and the
period of house arrest
with electronic monitoring, continuous alcohol monitoring, or both
types of monitoring shall not exceed
one year. The fifteen
consecutive days in jail
do not have to be
served prior to or
consecutively to the period of house arrest.
As an alternative to the mandatory jail term of sixty
consecutive
days required by division (G)(1)(c)(ii)
of
this
section, the
court, under this division, may sentence the offender
to thirty
consecutive days in jail and not less than one hundred
ten
consecutive days of house arrest with electronic monitoring,
with continuous alcohol monitoring, or with both electronic
monitoring and continuous alcohol monitoring.
The
cumulative total
of the thirty consecutive days in jail and
the
period of house
arrest with electronic monitoring, continuous alcohol monitoring,
or both types of monitoring shall not
exceed
one year. The thirty
consecutive days in jail do not have
to be
served prior to or
consecutively to the period of house
arrest.
(4) If an offender's driver's or occupational driver's
license or
permit or nonresident operating privilege is suspended
under division
(G) of this
section and if section 4510.13 of the
Revised Code permits the
court to grant limited driving
privileges, the court may
grant the limited driving privileges
in
accordance with that section. If division (A)(7) of that section
requires that the court impose as a condition of the
privileges
that the
offender must display on the vehicle that is
driven
subject to the privileges
restricted license plates that
are
issued under section 4503.231 of the Revised Code, except
as
provided in division (B) of that section, the court shall impose
that condition as one of the conditions of the limited driving
privileges granted to the offender, except as provided in division
(B) of section 4503.231 of the Revised Code.
(5) Fines imposed under this section for a violation of
division
(A) of this section shall be distributed as follows:
(a)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii), thirty-five
dollars of the fine imposed under
division
(G)(1)(b)(iii), one
hundred twenty-three dollars of the
fine imposed under division
(G)(1)(c)(iii),
and two hundred
ten
dollars of the fine imposed under division
(G)(1)(d)(iii) or
(e)(iii)
of this section shall be paid to an enforcement
and
education fund established by the legislative authority of the law
enforcement
agency in this state that primarily was responsible
for the arrest of the
offender, as determined by the court that
imposes the fine. The agency shall
use this share to pay only
those costs it incurs in
enforcing this section or a municipal OVI
ordinance
or township OVI resolution and in informing the public
of the laws governing the
operation of
a vehicle while under the
influence of alcohol, the
dangers of
the operation of a vehicle
under the influence of
alcohol, and other
information relating to
the operation of a
vehicle under the influence of
alcohol and the
consumption of
alcoholic beverages.
(b)
Fifty dollars of the fine imposed under division
(G)(1)(a)(iii)
of
this section shall be paid to the political
subdivision that pays the cost of
housing the offender during the
offender's term of incarceration. If the
offender is being
sentenced for a violation of division (A)(1)(a), (b), (c), (d),
(e), or (j) of this section and was confined as a result of the
offense
prior to being
sentenced for the offense but is not
sentenced to a
term of incarceration, the
fifty dollars shall
be
paid to the
political subdivision that paid the cost of housing
the offender
during that period of confinement. The political
subdivision
shall use the share under this division to pay or
reimburse
incarceration or treatment costs it incurs in housing or
providing
drug and alcohol treatment to persons who violate this
section or
a municipal OVI ordinance or township OVI resolution,
costs of any immobilizing or
disabling
device used on the
offender's vehicle, and costs of electronic
house
arrest equipment
needed for persons who violate this
section.
(c)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii)
and fifty
dollars of the fine imposed under
division
(G)(1)(b)(iii)
of this
section shall be deposited into
the county or municipal indigent drivers'
alcohol treatment fund
under the control of that
court, as created by the county or
municipal corporation under division
(N) of section 4511.191 of
the Revised Code.
(d)
One hundred fifteen dollars of the fine imposed under
division
(G)(1)(b)(iii),
two hundred seventy-seven
dollars of the
fine imposed under division
(G)(1)(c)(iii),
and four hundred forty
dollars of the fine imposed under division
(G)(1)(d)(iii) or
(e)(iii)
of this section shall be paid to the political
subdivision
that pays the cost of housing the offender during the
offender's term of
incarceration. The political subdivision shall
use
this share to pay or reimburse incarceration or treatment
costs it incurs in
housing or providing drug and alcohol treatment
to persons who
violate this section or a municipal OVI ordinance
or township OVI resolution,
costs for any
immobilizing or
disabling device used on the
offender's vehicle, and costs of
electronic house arrest equipment
needed for
persons who violate
this section.
(e)
The balance of the fine imposed under division
(G)(1)(a)(iii),
(b)(iii), (c)(iii),
(d)(iii),
or (e)(iii) of this
section
shall be
disbursed as otherwise provided by law.
(6) If title to a motor vehicle that is subject to an order
of criminal forfeiture under division (G)(1)(c), (d), or (e) of
this section is assigned or transferred and division (B)(2) or (3)
of section 4503.234 of the Revised Code applies, in addition to or
independent of any other penalty established by law, the court may
fine the offender the value of the vehicle as determined by
publications of the national auto dealers association. The
proceeds of any fine so imposed shall be distributed in accordance
with division (C)(2) of that section.
(7) As used in division (G) of this section, "electronic
monitoring," "mandatory prison term," and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of the
Revised Code.
(H) Whoever violates division (B) of this section is
guilty
of
operating a vehicle after underage alcohol consumption and
shall be
punished as follows:
(1) Except as otherwise provided in division (H)(2) of this
section, the offender is guilty of a misdemeanor of the fourth
degree. In
addition to any other sanction imposed for the
offense,
the court shall impose a class six suspension of the
offender's
driver's license, commercial driver's license,
temporary
instruction permit,
probationary license, or nonresident
operating
privilege from the range
specified in division (A)(6) of
section
4510.02 of the Revised Code.
(2) If, within one year of the offense, the offender
previously
has been convicted of or pleaded guilty to one or more
violations of
division (A) or (B) of this section or other
equivalent
offenses, the
offender is guilty of a
misdemeanor of
the third degree. In addition to any
other
sanction imposed
for
the offense, the court shall impose a class
four suspension of the
offender's driver's license, commercial
driver's license,
temporary
instruction permit, probationary
license, or nonresident
operating privilege
from the range
specified in division (A)(4) of
section 4510.02 of the Revised
Code.
(3) If the offender also is convicted of or also pleads
guilty to a specification of the type described in section
2941.1416 of the Revised Code and if the court imposes a jail term
for the violation of division (B) of this section, the court shall
impose upon the offender an additional definite jail term pursuant
to division (E) of section 2929.24 of the Revised Code.
(I)(1)
No court shall sentence an offender to an alcohol
treatment program under this section unless the treatment program
complies
with the minimum standards for alcohol treatment programs
adopted
under Chapter 3793. of the Revised Code by the director of
alcohol
and drug addiction services.
(2) An offender who stays in a drivers' intervention program
or in an
alcohol treatment program under
an order issued under
this section shall pay the cost of the stay in the
program.
However, if the court determines that an offender who stays in an
alcohol treatment program under an order issued under this section
is unable
to
pay the cost of the stay in the program, the court
may order that the cost be
paid from the court's
indigent drivers'
alcohol treatment fund.
(J)
If a person whose driver's or commercial driver's
license
or
permit or nonresident operating privilege is suspended
under
this section
files an appeal regarding any aspect of the
person's
trial or sentence, the
appeal itself does not stay the
operation
of the suspension.
(K)
Division (A)(1)(j) of this section does not apply to a
person who operates a vehicle, streetcar, or trackless trolley
while the person has a concentration of a listed controlled
substance or a listed metabolite of a controlled substance in the
person's whole blood, blood serum or plasma, or urine that equals
or exceeds the amount specified in that division, if both of the
following apply:
(1) The person obtained the controlled substance pursuant to
a prescription issued by a licensed health professional authorized
to prescribe drugs.
(2) The person injected, ingested, or inhaled the controlled
substance in accordance with the health professional's directions.
(L) The prohibited concentrations of a controlled substance
or a metabolite of a controlled substance listed in division
(A)(1)(j) of this section also apply in a prosecution of a
violation of division (D) of section 2923.16 of the Revised Code
in the same manner as if the offender is being prosecuted for a
prohibited concentration of alcohol.
(M) All terms defined in section 4510.01 of the Revised
Code
apply to this section. If the meaning of a term defined in
section
4510.01 of the Revised Code conflicts with the meaning of
the same
term as defined in section 4501.01 or 4511.01 of the
Revised Code,
the term as
defined in section 4510.01 of the
Revised Code applies
to this section.
(N)(1)
The Ohio Traffic Rules in effect
on
January 1, 2004,
as adopted by the supreme court
under authority
of
section 2937.46
of the Revised Code, do not
apply to felony
violations of this
section. Subject to division
(N)(2) of this
section, the Rules of
Criminal Procedure apply to
felony
violations of this section.
(2) If, on or after
January 1, 2004,
the supreme court
modifies the Ohio Traffic
Rules
to provide
procedures to govern
felony violations of this
section,
the
modified rules shall apply
to felony violations
of this
section.
Sec. 4511.191. (A)(1) "Physical control" has the same
meaning as in section 4511.194 of the Revised Code.
(2) Any person who operates a vehicle, streetcar, or
trackless trolley upon
a highway or any public or private property
used by the public
for vehicular travel or parking within this
state
or who is in physical control of a vehicle,
streetcar, or
trackless trolley shall be deemed
to have given
consent to a
chemical test or tests of the
person's
whole blood,
blood serum or
plasma, breath, or urine
to
determine the alcohol,
drug of abuse,
controlled substance, metabolite of a controlled substance, or
combination
content of the
person's
whole blood,
blood serum
or
plasma,
breath, or urine
if
arrested
for
a
violation of
division
(A) or
(B) of
section 4511.19 of the Revised
Code,
section
4511.194 of
the
Revised Code or a substantially equivalent
municipal ordinance or township resolution, or a municipal OVI
ordinance or township OVI resolution.
(3) The chemical test or tests
under division (A)(2) of this
section shall be
administered at the request of a
law
enforcement
officer having reasonable
grounds to believe the
person
was
operating
or in physical control of a
vehicle,
streetcar, or
trackless trolley in
violation of a division,
section, or
ordinance identified in
division (A)(2) of this
section. The law
enforcement agency by
which the
officer is
employed shall
designate which of the tests
shall be
administered.
(4) Any person who is dead or unconscious, or who
otherwise
is in a condition rendering the person incapable of
refusal,
shall
be deemed
to have
consented
as provided
in
division (A)(2) of
this
section, and the test or
tests may be
administered, subject
to
sections 313.12 to 313.16 of
the Revised
Code.
(B)(1) Upon receipt of the sworn report of
a
law
enforcement
officer
who arrested a person for a violation of
division (A) or
(B) of section 4511.19 of the Revised Code,
section 4511.194 of
the Revised Code or a substantially equivalent municipal ordinance
or township resolution, or a municipal OVI ordinance
or township
OVI resolution that was completed and sent to the registrar and a
court pursuant
to
section
4511.192 of the
Revised Code in regard
to a
person who
refused to take the
designated chemical test, the
registrar shall
enter into the
registrar's records the fact
that
the person's
driver's or
commercial driver's license or permit or
nonresident
operating
privilege was suspended by the arresting
officer under
this
division and that section and the period of the
suspension,
as determined under
this
section. The suspension shall
be
subject to appeal as
provided in
section
4511.197 of the
Revised
Code. The suspension
shall be for whichever of the
following
periods applies:
(a)
Except when division (B)(1)(b), (c), or (d) of
this
section applies and specifies a different class or length of
suspension,
the
suspension shall be
a class C suspension for the
period of time specified in
division (B)(3) of section 4510.02 of
the Revised Code.
(b) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused one previous request to consent to a
chemical
test, the
suspension
shall be
a class B suspension imposed for
the
period of time
specified in division (B)(2) of section 4510.02
of
the Revised
Code.
(c) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused two previous requests to consent to a
chemical
test,
the
suspension
shall be
a class A suspension imposed for
the
period of time
specified in division (B)(1) of section 4510.02
of
the Revised
Code.
(d) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused three or more previous requests to
consent to a
chemical test, the
suspension
shall be
for five
years.
(2)
The registrar shall terminate a suspension of the
driver's or commercial driver's license
or permit of a resident or
of the operating privilege of a nonresident, or a
denial of a
driver's or commercial
driver's license or permit, imposed
pursuant to division (B)(1) of
this
section upon receipt of notice
that the person has entered a
plea of guilty to, or that the
person has been
convicted after entering a plea of no contest to,
operating a vehicle in violation
of section 4511.19
of
the Revised
Code or in violation of a municipal
OVI ordinance or township OVI
resolution,
if the offense for which the conviction is had or
the
plea is
entered arose from the same incident that led to the
suspension or
denial.
The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance or
township OVI resolution, any
time during which the person serves a
related suspension
imposed
pursuant to division (B)(1) of this
section.
(C)(1) Upon receipt of the sworn report of the
law
enforcement
officer
who arrested a person for a violation of
division (A) or
(B) of section 4511.19 of the Revised Code or a
municipal OVI
ordinance or township OVI resolution that was
completed and sent to the
registrar and a court
pursuant
to
section
4511.192 of the Revised Code in regard to a
person
whose
test
results indicate that the person's
whole blood,
blood
serum
or
plasma, breath, or urine
contained
at least the
concentration
of
alcohol
specified in
division (A)(1)(b), (c), (d), or (e) of
section 4511.19 of the
Revised Code or at least the concentration
of a listed controlled substance or a listed metabolite of a
controlled substance specified in division (A)(1)(j) of section
4511.19 of the Revised Code, the registrar
shall
enter into the
registrar's
records the fact that the
person's
driver's or
commercial
driver's
license or permit or
nonresident
operating
privilege was
suspended
by the arresting
officer under
this
division
and section
4511.192 of the Revised Code and the
period
of the
suspension, as
determined
under divisions (F)(1) to
(4) of
this
section. The
suspension
shall be subject to appeal as
provided in
section
4511.197 of the Revised Code. The
suspension
described in
this division does not apply to, and shall
not be
imposed upon, a
person arrested for a violation of section
4511.194
of the Revised
Code or a substantially equivalent
municipal ordinance or township resolution who submits to a
designated chemical
test.
The
suspension
shall
be for whichever of
the following
periods
applies:
(a) Except when division
(C)(1)(b),
(c), or (d) of this
section
applies and specifies a different
period, the
suspension
shall be
a class E suspension imposed for the
period of time
specified in division (B)(5) of section 4510.02 of
the Revised
Code.
(b) The
suspension
shall be
a class C suspension for the
period of time
specified in division
(B)(3) of section 4510.02 of
the Revised Code if
the person has
been convicted
of or pleaded
guilty to, within six years of
the
date the test
was conducted,
one violation of
division (A) or (B) of section 4511.19 of the
Revised
Code or one other equivalent
offense.
(c) If, within six years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
two
violations of a statute
or ordinance
described in division
(C)(1)(b) of this section,
the
suspension
shall be
a class B
suspension imposed for the period of time specified in division
(B)(2) of section 4510.02 of the Revised Code.
(d) If, within six years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
more than
two violations of a
statute or
ordinance described in
division
(C)(1)(b) of this
section,
the
suspension
shall be
a
class A
suspension imposed for the period of time specified in
division
(B)(1) of section 4510.02 of the Revised Code.
(2) The registrar shall terminate a suspension of the
driver's or
commercial driver's license
or permit of a resident or
of the
operating privilege of a nonresident,
or a denial of a
driver's or
commercial driver's license or permit, imposed
pursuant to
division (C)(1) of this section
upon receipt of notice
that the
person has entered a plea of guilty to, or that the
person has
been
convicted after entering a plea of no contest to,
operating
a vehicle in violation of section 4511.19
of the Revised
Code or
in violation of a municipal OVI ordinance or township OVI
resolution,
if the
offense
for which the conviction is had or the
plea is
entered arose from
the same incident that led to the
suspension or
denial.
The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance or
township OVI resolution, any
time during which the person serves a
related
suspension imposed
pursuant to division (C)(1) of this
section.
(D)(1) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under
this section for the
time
described in division
(B) or
(C)
of this section is
effective
immediately from the time at which
the arresting officer
serves
the notice of suspension upon the
arrested person. Any
subsequent finding that the person is not
guilty of the charge
that resulted in the person being requested
to take
the chemical test or tests under division (A) of
this
section
does not affect the suspension.
(2) If a person is arrested for operating a vehicle,
streetcar, or trackless trolley in violation of division (A) or
(B) of section 4511.19 of the Revised Code or a municipal OVI
ordinance or township OVI resolution, or for being in physical
control of a
vehicle,
streetcar, or trackless trolley in
violation of section
4511.194
of the
Revised Code or a
substantially equivalent municipal ordinance or township
resolution,
regardless of whether the person's
driver's
or
commercial
driver's license or permit or nonresident
operating
privilege is
or is not suspended under division
(B)
or
(C)
of this
section
or Chapter 4510. of the Revised Code,
the person's
initial
appearance on the charge resulting from the
arrest shall
be held
within five days of the person's arrest or
the issuance of
the
citation to the person, subject to any
continuance
granted by
the
court pursuant to
section
4511.197 of
the Revised Code
regarding
the issues
specified in that division.
(E) When it finally has been determined under the
procedures
of this section
and sections 4511.192 to 4511.197
of the
Revised
Code that a nonresident's privilege to
operate a
vehicle
within
this state has been suspended, the
registrar shall
give
information in writing of the action taken
to the motor
vehicle
administrator of the state of the person's
residence and
of any
state in which the person has a license.
(F) At the end of a suspension period under this section,
under section 4511.194,
section 4511.196, or division
(G) of
section
4511.19 of the
Revised Code, or under section
4510.07 of
the
Revised Code for a violation of a municipal OVI
ordinance or
township OVI resolution and
upon
the request of the person whose
driver's or
commercial
driver's
license or permit was suspended
and who is
not
otherwise
subject
to suspension,
cancellation, or
disqualification, the
registrar shall return the driver's or
commercial driver's license
or permit to the person upon the
occurrence of all of the
conditions
specified in divisions
(F)(1)
and (2)
of this section:
(1) A showing
that the person has proof of
financial
responsibility, a policy of liability insurance in
effect that
meets the minimum standards set forth in section
4509.51 of the
Revised Code, or proof, to the satisfaction of the
registrar,
that
the person is able to respond in damages in an
amount at
least
equal to the minimum amounts specified in section
4509.51
of the
Revised Code.
(2) Subject to the limitation contained in division
(F)(3)
of
this section, payment by the person
to the bureau of
motor
vehicles of a license
reinstatement fee
of four hundred
twenty-five dollars,
which fee
shall be deposited in the state
treasury and credited
as follows:
(a) One hundred twelve dollars and fifty
cents shall be
credited to the statewide
treatment and prevention fund created by
section 4301.30 of the Revised Code.
The fund shall be
used to
pay the costs of driver treatment and
intervention programs
operated pursuant to sections 3793.02 and
3793.10 of the Revised
Code. The director of alcohol and drug
addiction services shall
determine the share of the fund that is
to be allocated to alcohol
and drug addiction programs authorized
by section 3793.02 of the
Revised Code, and the share of the fund
that is to be allocated to
drivers' intervention programs
authorized by section 3793.10 of
the Revised Code.
(b) Seventy-five dollars shall be credited to the
reparations
fund created by section 2743.191 of the Revised Code.
(c) Thirty-seven dollars and fifty cents
shall be credited
to
the indigent
drivers alcohol treatment fund, which is hereby
established. Except as
otherwise provided in division
(F)(2)(c)
of
this section, moneys in the fund shall be
distributed by the
department of alcohol and drug addiction
services to the county
indigent drivers alcohol
treatment funds,
the county juvenile
indigent drivers alcohol treatment funds,
and
the municipal
indigent drivers alcohol treatment funds that are
required to be
established by counties and municipal corporations
pursuant
to
this section, and shall be used only
to pay
the cost of an alcohol
and drug addiction treatment program
attended by an offender or
juvenile traffic offender who is
ordered to attend an alcohol and
drug addiction treatment program
by a county, juvenile, or
municipal court judge and who is
determined by the county,
juvenile, or municipal court judge not
to have the means to pay
for
the person's attendance at the
program or to pay the costs
specified in division
(H)(4) of
this section in accordance with
that
division. In addition, a county, juvenile, or municipal court
judge may use moneys in the county indigent drivers alcohol
treatment fund, county juvenile indigent drivers alcohol treatment
fund, or municipal indigent drivers alcohol treatment fund to pay
for the cost of the continued use of an electronic continuous
alcohol monitoring device as described in divisions (H)(3) and (4)
of this section. Moneys in the fund
that are not
distributed to a
county indigent drivers alcohol
treatment fund,
a county juvenile
indigent drivers alcohol
treatment fund, or a
municipal indigent
drivers alcohol treatment
fund under division
(H) of this section
because the director of
alcohol and drug addiction
services does
not have the information
necessary to identify the county or
municipal corporation where
the offender or juvenile offender was
arrested may
be transferred
by the director of budget and
management to the
statewide
treatment and prevention
fund created
by section
4301.30 of the
Revised Code, upon certification of the
amount by the director
of
alcohol and drug
addiction services.
(d) Seventy-five dollars shall be credited to the Ohio
rehabilitation services commission established by section 3304.12
of the Revised Code, to the services for rehabilitation fund,
which is hereby established. The fund shall be used to match
available federal matching funds where appropriate, and for any
other purpose or program of the commission to rehabilitate people
with disabilities to help them become employed and independent.
(e) Seventy-five dollars shall be deposited into the
state
treasury and credited to the drug abuse resistance education
programs fund, which is hereby established, to be used by the
attorney general for the purposes specified in division
(F)(4) of
this section.
(f) Thirty dollars shall be credited to the state bureau of
motor
vehicles fund created by section 4501.25 of the Revised
Code.
(g) Twenty dollars shall be credited to the trauma and
emergency
medical services grants fund created by section 4513.263
of the
Revised Code.
(3) If a person's driver's or commercial driver's license or
permit is suspended under
this
section,
under section 4511.196 or
division
(G) of section
4511.19 of the Revised Code,
under
section
4510.07 of the Revised
Code for a violation of a municipal
OVI
ordinance or township OVI resolution or
under any
combination of
the
suspensions
described in division
(F)(3) of
this section, and
if the
suspensions arise from a single incident
or a single set of
facts
and
circumstances, the person is liable
for payment of, and
shall
be required to
pay to the bureau, only
one reinstatement fee
of
four hundred
twenty-five
dollars.
The
reinstatement fee shall
be
distributed by the bureau in
accordance
with division
(F)(2) of
this section.
(4) The attorney general shall use amounts in the drug abuse
resistance education programs fund to award grants to law
enforcement agencies to establish and implement drug abuse
resistance education programs in public schools. Grants awarded
to
a law enforcement agency under
this
section shall be used by
the
agency to pay for not more than
fifty
per cent of the amount
of
the salaries of law enforcement
officers
who conduct drug abuse
resistance education programs in
public
schools. The attorney
general shall not use more than six
per
cent of the amounts the
attorney general's office
receives under
division
(F)(2)(e) of
this section to pay the costs it incurs
in
administering the grant
program established by division
(F)(2)(e)
of this section and in
providing training and
materials relating
to drug abuse resistance
education programs.
The attorney general shall report to the governor and the
general assembly each fiscal year on the progress made in
establishing and implementing drug abuse resistance education
programs. These reports shall include an evaluation of the
effectiveness of these programs.
(G) Suspension of a commercial driver's license under
division
(B) or
(C) of this section shall be concurrent with
any
period of disqualification under section 3123.611 or
4506.16
of
the Revised Code or any period of suspension under section
3123.58
of the Revised Code. No person who is disqualified for
life from
holding a
commercial driver's license under section
4506.16 of the
Revised
Code shall be issued a driver's license
under Chapter
4507. of
the Revised Code during the period for
which the
commercial
driver's license was suspended under division
(B) or
(C) of this
section. No person whose
commercial driver's license
is
suspended under division
(B) or
(C) of this section shall be
issued a driver's license under
Chapter 4507. of the Revised Code
during the period
of
the suspension.
(H)(1) Each county shall establish an indigent drivers
alcohol treatment fund, each county shall establish a juvenile
indigent drivers alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish
an
indigent drivers alcohol treatment fund. All revenue that the
general assembly appropriates to the indigent drivers alcohol
treatment fund for transfer to a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund, all portions of fees that are paid under division (F) of
this section and that are credited under that division to the
indigent drivers alcohol treatment fund in the state treasury for
a county indigent drivers alcohol treatment fund, a county
juvenile indigent drivers alcohol treatment fund, or a municipal
indigent drivers alcohol treatment fund, and all portions of
fines
that are specified for deposit into a county or municipal
indigent
drivers alcohol treatment fund by section 4511.193 of
the Revised
Code shall be deposited into that county indigent
drivers alcohol
treatment fund, county juvenile indigent drivers
alcohol treatment
fund, or municipal indigent drivers alcohol
treatment fund in
accordance with division
(H)(2) of this
section. Additionally,
all
portions of fines that are paid for a
violation of section
4511.19
of the Revised Code or
of any prohibition contained in
Chapter
4510. of the Revised Code,
and that are
required under
section
4511.19 or
any
provision of Chapter 4510. of the Revised
Code to
be
deposited
into a county indigent drivers alcohol
treatment fund
or municipal
indigent drivers alcohol treatment
fund shall be
deposited into
the appropriate fund in accordance
with the
applicable division.
(2) That portion of the license reinstatement fee that is
paid under division
(F) of this section and that is credited
under
that division to the indigent drivers alcohol treatment
fund
shall
be deposited into a county indigent drivers alcohol
treatment
fund, a county juvenile indigent drivers alcohol
treatment fund,
or a municipal indigent drivers alcohol treatment
fund as follows:
(a) If the suspension in question was imposed under this
section, that portion of the fee shall be deposited as follows:
(i) If the fee is paid by a person who was charged in a
county court with the violation that resulted in the suspension,
the portion shall be deposited into the county indigent drivers
alcohol treatment fund under the control of that court;
(ii) If the fee is paid by a person who was charged in a
juvenile court with the violation that resulted in the
suspension,
the portion shall be deposited into the county
juvenile indigent
drivers alcohol treatment fund established in
the county served by
the court;
(iii) If the fee is paid by a person who was charged in a
municipal court with the violation that resulted in the
suspension, the portion shall be deposited into the municipal
indigent drivers alcohol treatment fund under the control of that
court.
(b) If the suspension in question was imposed under
section
4511.19 of the Revised Code
or under
section 4510.07 of the
Revised Code for a violation of a municipal
OVI ordinance or
township OVI resolution, that
portion
of the fee shall be
deposited as
follows:
(i) If the fee is paid by a person whose license or permit
was suspended by a county court, the portion shall be deposited
into the county indigent drivers alcohol treatment fund under the
control of that court;
(ii) If the fee is paid by a person whose license or
permit
was suspended by a municipal court, the portion shall be
deposited
into the municipal indigent drivers alcohol treatment
fund under
the control of that court.
(3) Expenditures from a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund shall be made only upon the order of a county, juvenile, or
municipal court judge and only for payment of the cost of the
attendance at an alcohol and drug addiction treatment program of
a
person who is convicted of, or found to be a juvenile traffic
offender by reason of, a violation of division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance or township resolution, who is ordered by the court to
attend the alcohol and
drug addiction treatment program, and who
is determined by the
court to be unable to pay the cost of
attendance at the
treatment
program or for payment of the costs
specified in division
(H)(4)
of this section in accordance with
that division. The
alcohol and
drug addiction services board or
the board of alcohol,
drug
addiction, and
mental health services
established pursuant to
section 340.02 or
340.021 of
the Revised
Code and serving the
alcohol, drug addiction, and mental
health
service district in
which the court is located shall
administer
the indigent drivers
alcohol treatment program of the
court. When
a court orders an
offender or juvenile traffic
offender to attend
an alcohol and
drug addiction treatment
program, the board shall
determine which
program is suitable to
meet the needs of the
offender or juvenile
traffic offender, and
when a suitable program
is located and space
is available at the
program, the offender or
juvenile traffic
offender shall attend
the program designated by
the board. A
reasonable amount not to
exceed five per cent of the
amounts
credited to and deposited
into the county indigent drivers
alcohol
treatment fund, the
county juvenile indigent drivers
alcohol
treatment fund, or the
municipal indigent drivers alcohol
treatment fund serving every
court whose program is administered
by that board shall be paid
to the board to cover the costs it
incurs in administering those
indigent drivers alcohol treatment
programs.
In addition, a county, juvenile, or municipal court judge may
use moneys in the county indigent drivers alcohol treatment fund,
county juvenile indigent drivers alcohol treatment fund, or
municipal indigent drivers alcohol treatment fund to pay for the
continued use of an electronic continuous alcohol monitoring
device by an offender or juvenile traffic offender, in conjunction
with a treatment program approved by the department of alcohol and
drug addiction services, when such use is determined clinically
necessary by the treatment program and when the court determines
that the offender or juvenile traffic offender is unable to pay
all or part of the daily monitoring of the device.
(4) If a county, juvenile, or municipal court determines, in
consultation with the alcohol and drug addiction services board or
the board
of alcohol, drug addiction, and mental health services
established pursuant to
section 340.02 or 340.021 of the Revised
Code
and serving the alcohol, drug addiction, and
mental health
district in which the court is located, that
the funds in the
county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the municipal
indigent
drivers alcohol treatment fund under the control of the
court are more than
sufficient to satisfy the purpose for which
the fund was established, as
specified in divisions
(H)(1) to
(3)
of this section, the
court may declare a surplus in the fund.
If
the court declares a surplus in
the fund, the court may expend
the
amount of the surplus in the fund for:
(a) Alcohol and drug abuse
assessment and treatment of
persons who are charged in
the court
with committing a criminal
offense or with being a delinquent
child
or juvenile traffic
offender and in relation to whom both of
the following
apply:
(i) The court determines that substance abuse was a
contributing factor leading to the criminal or delinquent activity
or the
juvenile traffic offense with which the person is charged.
(ii) The court determines that the person is unable
to pay
the cost of the alcohol and drug abuse assessment and treatment
for
which the surplus money will be used.
(b) All or part of the cost of purchasing electronic
continuous alcohol monitoring devices to be used in conjunction
with division (H)(3) of this section.
Sec. 4511.192. (A)
The arresting law enforcement officer
shall give
advice
in
accordance with
this section to any person
under arrest
for a
violation of division (A) or (B) of section
4511.19
of the
Revised
Code, section 4511.194 of the Revised Code
or a substantially equivalent municipal ordinance or township
resolution,
or a municipal
OVI
ordinance or township OVI
resolution. The
officer shall give that advice
in
a written
form
that
contains the information described in
division (B) of
this
section and shall read the
advice to the
person. The
form
shall
contain a statement that the form was
shown to the
person
under
arrest and read to the person by the
arresting officer. One
or
more persons shall witness the
arresting officer's reading of
the
form, and
the witnesses shall
certify to this fact by signing
the
form. The person must submit to the chemical test or tests,
subsequent to the request of the arresting officer, within two
hours of the time of the alleged violation and, if the person does
not submit to the test or tests within that two-hour time limit,
the failure to submit automatically constitutes a refusal to
submit to the test or tests.
(B)
If a person is under arrest as described in division
(A)
of
this section, before the person may be requested to submit to a
chemical test
or tests to determine the alcohol, drug of abuse,
controlled substance, metabolite of a controlled substance, or
combination content
of the
person's whole blood, blood serum or
plasma, breath, or urine, the
arresting officer
shall read the
following form to the person:
"You now are under arrest for (specifically state the
offense
under state law or a substantially equivalent municipal ordinance
or township resolution for which the person was arrested -
operating a vehicle
under
the
influence of alcohol, a drug, or a
combination
of them;
operating a vehicle while under the influence
of a listed controlled substance or a listed metabolite of a
controlled substance; operating
a vehicle after
underage alcohol
consumption; or having
physical
control of a vehicle while under
the influence).
If you refuse to take any chemical test required
by law, your
Ohio driving privileges will be suspended immediately, and you
will have to pay a fee to have the privileges reinstated. If you
have a prior conviction of OVI, OVUAC, or operating a vehicle
while under the influence of a listed controlled substance or a
listed metabolite of a controlled substance under state or
municipal law within the preceding twenty years, you now are under
arrest for state OVI, and, if you refuse to take a chemical test,
you will face increased penalties if you subsequently are
convicted of the state OVI.
(Read this part unless the person is under arrest for solely
having physical control of a
vehicle while under the influence.)
If you take any chemical test required by law and
are
found to be
at or
over the
prohibited amount of alcohol, a controlled
substance, or a metabolite of a controlled substance in
your
whole
blood,
blood serum or plasma, breath,
or urine as set by law, your
Ohio driving privileges will
be
suspended immediately, and you
will have to pay a fee to have
the
privileges reinstated.
If you take a chemical test,
you may
have an independent
chemical
test taken at your
own
expense."
(C) If the arresting law enforcement officer does not ask a
person under arrest as described in division (A) of this
section
to submit to a chemical
test or tests under section 4511.191 of
the Revised Code,
the arresting officer shall seize the Ohio or
out-of-state
driver's or commercial driver's license or permit of
the person
and immediately forward it to the court in which the
arrested person is to appear on the charge. If the arrested
person
is not in
possession of
the person's license or permit or
it is
not in the
person's vehicle, the officer shall order the
person to
surrender it
to the law enforcement agency that employs
the
officer within
twenty-four hours after the arrest, and, upon
the
surrender, the
agency immediately shall forward the license or
permit to the
court in which the person is to appear on the
charge. Upon
receipt of the license or permit, the court shall
retain it
pending the arrested person's initial appearance and any
action taken
under section 4511.196 of the Revised Code.
(D)(1) If a law enforcement officer asks a person under
arrest as
described in division (A) of this
section to submit to a
chemical
test or tests under section 4511.191 of the Revised Code,
if the officer advises the person in accordance with this section
of the
consequences of the person's refusal or submission,
and if
either the person refuses to submit to the test or tests or,
unless the
arrest was for a violation of section 4511.194 of the
Revised Code or a substantially equivalent municipal ordinance or
township resolution, the person submits to the
test or tests and
the test
results indicate a
prohibited concentration of alcohol, a
controlled substance, or a metabolite of a controlled substance in
the
person's whole blood,
blood serum or plasma, breath, or urine
at
the time of the alleged offense,
the arresting officer shall do
all of the following:
(a) On behalf of the registrar of motor vehicles, notify the
person that, independent of any penalties or sanctions imposed
upon the
person, the person's Ohio driver's or commercial driver's
license
or permit or nonresident operating privilege is suspended
immediately,
that the suspension will last at least until the
person's
initial appearance on the charge, which will be held
within five days
after the date of the person's arrest or the
issuance of a
citation to the person, and that the person may
appeal the
suspension at the initial appearance or during the
period of time
ending thirty days after that initial appearance;
(b) Seize the driver's or commercial driver's license or
permit
of the person and immediately forward it to the registrar.
If the
arrested person is not in possession of the person's
license or permit
or it is not in the person's vehicle, the
officer shall order the person to
surrender it to the
law
enforcement agency that employs the officer within twenty-four
hours after the person is given notice of the suspension, and,
upon the surrender, the officer's employing agency immediately
shall forward the license or permit to the registrar.
(c) Verify the person's current residence and, if it differs
from
that on the person's driver's or commercial driver's license
or permit,
notify the registrar of the change;
(d) Send to the registrar, within forty-eight hours after
the
arrest of the person, a sworn report that includes all of the
following
statements:
(i) That the officer had reasonable grounds to believe that,
at
the time of the arrest, the arrested person was operating a
vehicle, streetcar, or trackless trolley in
violation of division
(A) or (B) of section 4511.19 of
the Revised Code or a
municipal
OVI ordinance or for being in physical control of a stationary
vehicle, streetcar, or trackless trolley in violation of section
4511.194 of the Revised Code or a substantially equivalent
municipal ordinance or township resolution;
(ii) That the person was arrested and charged with a
violation of
division (A) or (B) of section 4511.19 of the Revised
Code, section
4511.194 of the Revised Code or a substantially
equivalent municipal ordinance or township resolution, or a
municipal OVI
ordinance or township OVI resolution;
(iii) That the officer asked the person to take the
designated
chemical test or tests, advised the person in
accordance with this section of
the consequences of submitting to,
or
refusing to take, the test or tests, and gave the person the
form
described in division (B) of this section;
(iv) That either the person refused to submit to the
chemical
test
or tests or, unless the arrest was for a violation
of section
4511.194 of the Revised Code or a substantially equivalent
municipal ordinance or township resolution,
the person submitted
to
the chemical test or tests and the test results
indicate a
prohibited concentration of
alcohol, a controlled substance, or a
metabolite of a controlled substance in the person's whole blood,
blood serum or plasma,
breath, or urine at the time of the alleged
offense.
(2) Division (D)(1) of this section does not apply to a
person
who is arrested for a violation of section 4511.194 of the
Revised Code or a substantially equivalent municipal ordinance or
township resolution, who is asked by a
law enforcement officer to
submit
to a
chemical test or tests under section 4511.191 of the
Revised
Code,
and who submits to the test or tests, regardless of
the
amount of
alcohol, a controlled substance, or a metabolite of
a controlled substance that the test results indicate is present
in the
person's
whole blood, blood serum or plasma, breath, or
urine.
(E)
The arresting officer shall give the officer's sworn
report
that is completed under this
section to the arrested person
at the time of the arrest, or the registrar of
motor vehicles
shall send the report to the person
by regular first
class mail as
soon
as possible after receipt of the report, but not later than
fourteen days
after receipt of it. An
arresting officer may give
an unsworn report to the arrested person at the
time
of the arrest
provided the report is complete when given to the
arrested person
and subsequently is sworn to by the arresting
officer. As soon as
possible, but not later than forty-eight
hours after the arrest of
the person, the arresting officer shall
send a copy of the sworn
report to the court in which the arrested
person is to appear on
the charge for which the person was
arrested.
(F)
The sworn report of an arresting officer completed under
this
section is prima-facie proof of the information and
statements
that it contains. It shall be admitted and considered
as
prima-facie proof of the information and statements that it
contains in any appeal under section 4511.197 of the Revised Code
relative to any suspension of a person's driver's or commercial
driver's
license or permit or nonresident operating privilege that
results from the arrest covered by the report.
Sec. 4511.193. (A) Twenty-five Subject to division (F)(2) of
section 1901.31 of the Revised Code, twenty-five dollars of any
fine
imposed
for a violation of a municipal
OVI ordinance or
township OVI resolution
shall be
deposited
into the municipal or
county indigent
drivers alcohol
treatment
fund created pursuant
to division
(H)
of section
4511.191 of the
Revised Code in
accordance with this
section and
section 733.40,
divisions (A)
and (B) of section
1901.024,
division (F) of section
1901.31, or
division (C) of
section
1907.20 of the Revised Code.
Regardless
of whether the
fine is
imposed by a municipal court, a
mayor's
community
court, or a
juvenile court, if the fine was imposed for
a
violation of an
ordinance of a municipal corporation or
resolution of a township that is
within the
jurisdiction of a
municipal court, the twenty-five
dollars that is
subject to this
section shall be deposited into
the indigent
drivers alcohol
treatment fund of the municipal
corporation in
which is located
the municipal court that has
jurisdiction over
that municipal
corporation. Regardless of
whether the fine is
imposed by a county
court, a mayor's community court,
or
a
juvenile court,
if the
fine was imposed for a violation of
an
ordinance of a
municipal
corporation or resolution of a township that is within the
jurisdiction of a county
court, the twenty-five dollars that is
subject to this section
shall be deposited into the indigent
drivers alcohol treatment
fund of the county in which is located
the county court that has
jurisdiction over that municipal
corporation. The deposit shall
be made in accordance with
section
733.40, divisions (A) and (B)
of section 1901.024,
division (F) of
section 1901.31, or division
(C) of section
1907.20 of the Revised
Code.
(B)(1) The requirements and sanctions imposed by divisions
(B)(1) and (2) of this section are an adjunct to and derive from
the state's exclusive authority over the registration and titling
of motor vehicles and do not comprise a part of the criminal
sentence to be imposed upon a person who violates a municipal
OVI
ordinance or township OVI resolution.
(2)
If a person is convicted of
or pleads guilty to a
violation of a
municipal
OVI ordinance or township OVI resolution,
if the vehicle the
offender was operating at the time
of
the
offense is registered in
the offender's name, and if, within
six
years
of the current
offense, the offender has been
convicted
of
or pleaded guilty to
one or more violations of division (A) or
(B)
of
section
4511.19
of the Revised Code
or one or more other
equivalent offenses,
the
court, in
addition to and
independent of
any sentence that it
imposes upon
the offender for
the offense,
shall
do whichever of
the following
is
applicable:
(a) Except as otherwise provided in division
(B)(2)(b) of
this section, if, within
six years of the
current offense, the
offender has been convicted of or pleaded
guilty to one violation
described in division (B)(2) of this
section, the court shall
order the immobilization for ninety days
of
that vehicle
and the
impoundment for ninety days of the license plates
of that vehicle.
The order for the immobilization and
impoundment
shall be issued
and enforced in accordance with
section 4503.233
of the Revised
Code.
(b) If, within six years of the current offense, the
offender
has been convicted of or pleaded guilty to two or more
violations
described in division (B)(2) of this section, or if
the
offender
previously has been convicted of or pleaded guilty to
a
violation
of division
(A) of section 4511.19 of the Revised Code
under
circumstances in which the
violation was a felony and
regardless
of when
the violation and the conviction or guilty plea
occurred,
the
court shall order the criminal forfeiture to the
state of
that
vehicle.
The
order of
criminal forfeiture shall be
issued
and
enforced in accordance with section
4503.234 of the
Revised
Code.
Sec. 4511.194. (A) As used in this section:
(1) "National highway traffic safety administration" has the
same meaning as in section 4511.19 of the Revised Code.
(2) "Physical
control" means being in the driver's position
of the
front seat of
a vehicle or in the driver's position of a
streetcar
or trackless
trolley and having possession of the
vehicle's,
streetcar's, or
trackless trolley's ignition key or
other ignition
device.
(B)
No person shall be in physical control of a
vehicle,
streetcar, or trackless trolley if, at the time of the physical
control, any of the following apply:
(1) The person is under
the influence
of
alcohol,
a drug of
abuse, or a combination of
them.
(2) The
person's whole blood, blood serum or plasma,
breath,
or
urine
contains at least the concentration of alcohol
specified
in
division (A)(1)(b), (c), (d), or (e) of section 4511.19
of the
Revised Code.
(3) Except as provided in division (E) of this section, the
person has a concentration of a listed controlled substance or a
listed metabolite of a controlled substance in the person's whole
blood, blood serum or plasma, or urine that equals or exceeds the
concentration specified in division (A)(1)(j) of section 4511.19
of the Revised Code.
(C)(1) In any criminal prosecution or juvenile court
proceeding for a violation of this section or a substantially
equivalent municipal ordinance or township resolution, if a law
enforcement officer has
administered a field sobriety test to the
person in physical
control of the vehicle involved in the
violation and if it is
shown by clear and convincing evidence that
the
officer
administered the test in substantial compliance with
the
testing
standards for any reliable, credible, and generally
accepted field
sobriety tests that were in effect at the time the
tests were
administered, including, but not limited to, any
testing standards
then in effect that were set by the national
highway traffic
safety administration, all of the following apply:
(a) The officer may testify concerning the results of the
field sobriety test so administered.
(b) The prosecution may introduce the results of the field
sobriety test so administered as evidence in any proceedings in
the criminal prosecution or juvenile court proceeding.
(c) If testimony is presented or evidence is introduced under
division (C)(1)(a) or (b) of this section and if the testimony or
evidence is admissible under the Rules of Evidence, the court
shall admit the testimony or evidence, and the trier of fact shall
give it whatever weight the trier of fact considers to be
appropriate.
(2) Division (C)(1) of this section does not limit or
preclude a court, in its determination of whether the arrest of a
person was supported by probable cause or its determination of any
other matter in a criminal prosecution or juvenile court
proceeding of a type described in that division, from considering
evidence or testimony that is not otherwise disallowed by division
(C)(1) of this section.
(D) Whoever violates this section is guilty of having
physical
control of a vehicle while under the influence, a
misdemeanor of the first
degree. In addition to other sanctions
imposed, the court may
impose on the offender a class seven
suspension of the offender's driver's
license, commercial driver's
license, temporary instruction permit,
probationary license, or
nonresident operating privilege from the range
specified in
division (A)(7) of section 4510.02 of the Revised Code.
(E) Division (B)(3) of this section does not apply to a
person who is in physical control of a vehicle, streetcar, or
trackless trolley while the person has a concentration of a listed
controlled substance or a listed metabolite of a controlled
substance in the person's whole blood, blood serum or plasma, or
urine that equals or exceeds the amount specified in division
(A)(1)(j) of section 4511.19 of the Revised Code, if both of the
following apply:
(1) The person obtained the controlled substance pursuant to
a prescription issued by a licensed health professional authorized
to prescribe drugs.
(2) The person injected, ingested, or inhaled the controlled
substance in accordance with the health professional's directions.
Sec. 4511.195. (A) As used in this section:
(1) "Arrested person" means a person
who is arrested for a
violation of division
(A) of section 4511.19
of the Revised Code
or a municipal OVI ordinance
or township OVI resolution and whose
arrest
results in a vehicle
being seized under division (B) of
this
section.
(2) "Vehicle owner" means either of the following:
(a) The person in whose name is
registered, at the time of
the seizure, a vehicle that is seized under
division (B) of this
section;
(b) A person to whom the certificate of title to a vehicle
that is seized
under division (B) of this section has been
assigned and who has not obtained
a certificate of title to the
vehicle in that person's name, but who is deemed
by the court as
being the owner of the vehicle at the time the vehicle was
seized
under division (B) of this section.
(3)
"Interested
party" includes the owner of a vehicle
seized
under this
section, all lienholders, the
arrested
person, the
owner of the place of storage at which a vehicle
seized under this
section is
stored, and the person or entity that
caused the
vehicle to be
removed.
(B)(1) The arresting officer or another officer of the law
enforcement
agency that employs the arresting officer, in addition
to any action
that the arresting officer is required or authorized
to take by section
4511.19
or 4511.191 of the Revised Code or by
any other
provision of
law, shall seize the vehicle that a person
was operating at the time of the
alleged offense and its license
plates if
the vehicle is registered in the
arrested person's name
and if either of the following
applies:
(a) The person is arrested for a violation of division
(A)
of
section 4511.19 of the Revised Code or of a municipal
OVI
ordinance or township OVI resolution and, within six years of the
alleged violation,
the
person previously has been convicted of or
pleaded guilty to one
or more
violations of
division (A) or (B) of
section 4511.19 of
the
Revised Code or one or
more other
equivalent offenses.
(b) The person is arrested for a violation of
division (A)
of
section 4511.19 of the Revised Code or of a
municipal
OVI
ordinance or township OVI resolution and the person previously has
been
convicted
of or
pleaded guilty to a violation of division (A)
of section
4511.19
of the Revised Code under circumstances in
which the violation was
a
felony, regardless of when the
prior
felony violation of
division (A) of section 4511.19 of the Revised
Code
and the
conviction or guilty plea occurred.
(2)
A law
enforcement agency that employs a law enforcement
officer who
makes an arrest of a type that is described in
division (B)(1) of
this section and that involves a rented or
leased vehicle
that is being rented or leased for a
period of
thirty days or
less shall notify, within
twenty-four hours after
the officer
makes the arrest, the lessor or owner of
the vehicle
regarding the
circumstances of the arrest and the location at
which the vehicle
may be picked
up. At the time of the seizure of
the vehicle, the
law
enforcement officer who made the arrest shall
give the
arrested person written notice that the vehicle and its
license plates have been seized; that the vehicle either will be
kept by the officer's law enforcement agency or will be
immobilized at least until the operator's initial appearance on
the charge of the offense for which the arrest was made; that, at
the initial appearance, the court in certain circumstances may
order that the vehicle and license plates be released
to the
arrested person until the disposition of
that
charge;
and that,
if
the
arrested person is
convicted of that
charge, the court
generally must order the
immobilization of the vehicle and the
impoundment of its license
plates, or the forfeiture of the
vehicle.
(3) The arresting officer or a law enforcement officer of
the
agency
that employs the arresting officer shall give written
notice of the seizure to
the court that will conduct the initial
appearance of the
arrested
person on the charges arising out of
the
arrest. Upon receipt of
the notice, the court promptly
shall
determine whether the
arrested person is
the vehicle owner.
If
the
court determines that the
arrested person
is not the
vehicle
owner, it promptly shall send by regular mail
written
notice of
the seizure
to the
vehicle's registered owner. The written
notice
shall contain all of the information
required by
division
(B)(2)
of this section to be in a notice to be
given to
the
arrested
person and also shall
specify the
date, time, and
place
of the
arrested person's
initial
appearance.
The notice also
shall
inform the vehicle
owner that if title to a motor
vehicle
that is
subject to an order
for criminal forfeiture
under this
section is
assigned or
transferred and division
(B)(2) or (3) of
section
4503.234 of
the Revised
Code applies, the court may fine
the
arrested
person the value of the
vehicle. The notice
also
shall
state that if the vehicle is immobilized
under
division (A)
of
section 4503.233 of the Revised
Code, seven
days after the end
of
the period of immobilization a law
enforcement agency will
send
the vehicle owner a notice, informing
the
owner
that if the
release of the vehicle is not
obtained in accordance with division
(D)(3) of section 4503.233 of
the Revised
Code, the vehicle shall
be
forfeited. The notice also
shall inform the vehicle owner that
the vehicle owner may be
charged expenses or charges incurred
under this section and
section 4503.233 of the
Revised Code for
the removal and storage
of the vehicle.
The written notice that is given to the
arrested person also
shall state that if
the
person is
convicted of
or
pleads guilty
to
the offense
and the
court issues an immobilization and
impoundment
order relative to that vehicle,
division (D)(4) of
section
4503.233 of the Revised Code prohibits the vehicle
from
being sold
during the period of immobilization without the prior
approval of
the court.
(4) At or before the initial appearance, the vehicle
owner
may file a motion requesting the court to order that the
vehicle
and its license plates be released to the vehicle owner. Except
as
provided in this division and subject to the payment
of
expenses
or charges incurred in the removal and storage of
the
vehicle, the
court, in its discretion, then may issue an
order
releasing the
vehicle and its license plates to the
vehicle owner.
Such an order
may be conditioned upon such terms
as the court
determines
appropriate, including the posting of a
bond in an
amount
determined by the court. If the
arrested
person is not
the vehicle
owner and if the
vehicle owner is
not
present at the
arrested
person's initial
appearance, and if
the court believes
that the
vehicle owner was
not provided with
adequate notice of
the initial
appearance, the
court, in its
discretion, may allow
the vehicle
owner to file a
motion within
seven days of the
initial
appearance. If the court
allows the
vehicle owner to file
such a
motion after the initial
appearance, the extension of time
granted
by the court does not
extend the time within which the
initial
appearance is to be
conducted. If the court issues an
order for
the release of the
vehicle and its license plates, a
copy of the
order shall be
made
available to the vehicle owner.
If
the vehicle
owner
presents a
copy of the order to the law
enforcement agency
that
employs the
law enforcement officer who
arrested the
arrested
person, the law enforcement agency promptly
shall
release the
vehicle and its license plates to the vehicle
owner
upon payment
by the vehicle owner of any expenses or
charges
incurred in the
removal and storage of the vehicle.
(5) A vehicle seized under division (B)(1) of this section
either shall be towed to a place specified by the law enforcement
agency that employs the arresting officer to be safely kept by
the
agency at that place for the time and in the manner specified
in
this section or shall be otherwise immobilized for the time and in
the
manner specified in this section. A law enforcement officer
of
that agency shall remove the identification license plates of
the
vehicle, and they shall be safely kept by the agency for the
time
and in the manner specified in this section. No vehicle that
is
seized and either towed or immobilized pursuant to this
division
shall be considered contraband for purposes of Chapter 2981. of
the Revised Code. The vehicle
shall not
be immobilized at any
place other than a commercially
operated
private storage lot, a
place owned by a law enforcement
agency or other
government
agency, or a place to which one of the
following
applies:
(a) The place is leased by or otherwise under the control
of
a law enforcement agency or other government agency.
(b) The place is owned by the vehicle operator, the
vehicle
operator's spouse, or a parent or child of the vehicle
operator.
(c) The place is owned by a private person or entity, and,
prior to the immobilization, the private entity or person that
owns the place, or the authorized agent of that private entity or
person, has given express written consent for the immobilization
to be carried out at that place.
(d) The place is a street or highway on which the
vehicle is
parked in accordance with the law.
(C)(1) A vehicle
seized under division
(B) of this
section
shall be safely kept at the place to which it
is towed or
otherwise moved by the law enforcement agency that employs the
arresting
officer until the initial appearance of the
arrested
person
relative to the charge in question. The
license
plates of
the vehicle that are removed pursuant to
division (B) of this
section shall be safely kept by the law
enforcement agency that
employs the
arresting officer until the
initial appearance of the
arrested person
relative to the charge in question.
(2)(a) At the initial appearance or not less than seven days
prior to the
date of final disposition, the court shall notify the
arrested person
that, if title to a motor vehicle that is subject
to an order for
criminal forfeiture under this section is assigned
or
transferred and division
(B)(2)
or (3) of section 4503.234
of
the
Revised
Code applies, the court may
fine the
arrested person
the value of the
vehicle.
If, at the
initial appearance, the
arrested
person pleads
guilty to
the violation of division (A) of
section 4511.19
of the
Revised Code or of the municipal
OVI
ordinance or township OVI resolution or pleads
no
contest to and
is convicted of the
violation, the court shall
impose sentence
upon the
person as
provided by
law or
ordinance; the court shall
order
the
immobilization of the vehicle
the arrested person was
operating at
the time
of the offense if registered in the arrested
person's
name and the
impoundment of its
license plates under
section
4503.233 and section
4511.19
or
4511.193
of the
Revised
Code or
the criminal
forfeiture
to the state of the
vehicle
if
registered
in the arrested
person's name under section
4503.234
and
section
4511.19
or 4511.193
of the Revised
Code, whichever is
applicable;
and the vehicle and its license
plates
shall not be
returned or
released to the
arrested person.
(b) If, at any time, the charge that the
arrested person
violated division (A) of
section 4511.19 of the
Revised Code or
the municipal
OVI ordinance or township OVI resolution is
dismissed for
any
reason, the
court shall order that the vehicle
seized at the
time
of the
arrest and its license plates
immediately
be released
to the
person.
(D) If a vehicle
and its license plates are seized under
division (B) of this section
and
are not returned or released
to
the
arrested person pursuant to division (C) of
this section,
the
vehicle
and its license plates shall be
retained until
the final
disposition of the charge in
question.
Upon the final disposition
of that charge, the court
shall do
whichever of the following is
applicable:
(1) If the
arrested person is convicted of
or
pleads
guilty
to the violation of division (A) of section
4511.19 of the
Revised
Code or of the municipal
OVI
ordinance or township OVI resolution,
the
court shall
impose
sentence upon the
person as provided by
law
or,
ordinance, or resolution and
shall order the
immobilization of
the vehicle the
person was
operating at the time of the offense
if
it is registered in the
arrested person's name and the
impoundment
of its license plates
under section 4503.233 and
section
4511.19
or 4511.193
of the
Revised
Code, or the criminal
forfeiture of the
vehicle
if it is
registered in the arrested
person's
name
under
section 4503.234
and
section
4511.19
or
4511.193
of the Revised
Code, whichever is
applicable.
(2) If the
arrested person is found not
guilty
of the
violation of division (A) of section 4511.19 of the
Revised Code
or of the municipal
OVI ordinance or township OVI resolution, the
court
shall
order that
the
vehicle and its license plates
immediately be
released to the
arrested person.
(3) If the charge that the
arrested person
violated
division
(A) of section 4511.19 of the Revised Code or
the
municipal
OVI
ordinance or township OVI resolution is dismissed for any
reason,
the
court
shall order that the vehicle and its license
plates
immediately be
released to the
arrested person.
(4)
If the impoundment of the vehicle was not authorized
under
this section, the court shall order that the vehicle and its
license plates be
returned immediately to
the arrested person or,
if the arrested person is not the vehicle owner, to
the vehicle
owner, and shall order that the state or political subdivision of
the
law enforcement agency
served by the law enforcement officer
who seized the vehicle pay
all expenses and charges incurred in
its removal and storage.
(E) If a vehicle is seized under division (B) of this
section, the time between the seizure of the vehicle and either
its release to the
arrested person under division
(C) of this
section or the issuance of an order of
immobilization
of the
vehicle under section 4503.233 of
the Revised Code shall be
credited against the period of
immobilization ordered by the
court.
(F)(1)
Except as provided in division
(D)(4) of this
section,
the arrested person may be charged
expenses or charges
incurred in
the removal and storage of the
immobilized vehicle.
The court
with
jurisdiction over the case,
after notice to all
interested
parties, including lienholders, and
after an
opportunity for them
to be heard,
if the court
finds that
the
arrested person does not
intend to
seek
release of the vehicle
at
the end of the period of
immobilization under section 4503.233
of
the Revised Code or that
the
arrested person is
not or will not
be able to
pay the expenses
and charges incurred in its removal
and storage,
may order that
title to the vehicle be transferred,
in order of
priority, first
into the name of the person or entity
that removed
it, next into
the name of a lienholder, or lastly
into the name of
the owner of
the place of storage.
Any lienholder that receives title under a court
order shall
do so on the condition that it pay any expenses or
charges
incurred in the vehicle's removal and
storage. If the person or
entity that receives title to the vehicle
is the person or entity
that removed it, the person or entity
shall receive title on the
condition that it pay any lien on the
vehicle. The court
shall
not
order that title be transferred to any person or entity
other
than
the owner of the place of storage if the person or
entity
refuses
to receive the title. Any person or entity that
receives
title
either may keep title to the vehicle or may
dispose of the
vehicle
in any legal manner that it considers
appropriate,
including
assignment of the certificate of title to
the motor
vehicle to a
salvage dealer or a scrap metal processing
facility.
The person or
entity shall not
transfer the vehicle to the person
who is the
vehicle's immediate previous
owner.
If the person or entity
that receives title assigns the motor
vehicle
to a
salvage dealer or scrap metal processing facility,
the person or
entity shall send the assigned certificate of title
to the motor
vehicle to the clerk of the court of common pleas of
the county
in which the salvage dealer or scrap metal processing
facility
is located. The person or entity shall mark the face of
the
certificate of title with the words "FOR
DESTRUCTION" and
shall deliver a photocopy of
the certificate of
title to the
salvage dealer or scrap metal
processing facility for
its records.
(2) Whenever a court issues an order under division (F)(1)
of
this section, the court also shall order removal of the license
plates
from the vehicle and cause them to be sent to the registrar
of motor
vehicles if they have not already been sent to the
registrar.
Thereafter, no further proceedings shall take place
under this section or
under section 4503.233 of the Revised Code.
(3) Prior to initiating a proceeding under division (F)(1)
of
this
section, and upon payment of the fee under division (B) of
section 4505.14 of the Revised Code, any interested party may
cause a search to be made of the public records of the bureau of
motor vehicles or the clerk of the court of common pleas, to
ascertain the identity of any lienholder of the vehicle. The
initiating party shall furnish this information to the clerk of
the court with jurisdiction over the case,
and the clerk shall
provide notice
to the
arrested
person, any
lienholder, and any
other interested parties listed by
the initiating party, at the
last known address supplied by the
initiating party, by certified
mail or, at the option of the
initiating party, by personal
service or ordinary mail.
Sec. 4511.196. (A) If a person is arrested
for being in
physical control
of a vehicle, streetcar, or trackless trolley in
violation of section 4511.194 of
the Revised Code or a
substantially equivalent municipal ordinance or township
resolution, or for
operating
a vehicle, streetcar, or trackless
trolley in
violation
of
division (A) or (B) of
section 4511.19 of
the Revised
Code or a
municipal OVI ordinance or township OVI
resolution,
regardless of whether the
person's
driver's or
commercial driver's license or permit or
nonresident
operating
privilege is or is not suspended under
section 4511.191
of the
Revised Code, the
person's initial
appearance on the charge
resulting from the
arrest shall be held
within five days of the
person's arrest or
the issuance of the
citation to the person.
(B)(1) If a person is arrested as described in division
(A)
of this section, if the person's driver's or commercial
driver's
license or permit or nonresident operating privilege has
been
suspended under
section 4511.191 of
the
Revised Code in relation
to that arrest, if the person
appeals the
suspension in accordance
with
section
4511.197
of the Revised Code, and if the judge,
magistrate, or
mayor
terminates the suspension
in accordance with
that section, the judge, magistrate, or mayor,
at any
time
prior
to adjudication on the merits of the charge resulting from
the
arrest,
may impose a new suspension of the person's
license,
permit, or nonresident operating privilege,
notwithstanding the
termination, if
the judge, magistrate, or
mayor determines that
the person's continued
driving will be a
threat to
public safety.
(2) If a person is arrested as described in division (A)
of
this section and if the person's driver's or commercial
driver's
license or permit or nonresident operating privilege has
not been
suspended under
section 4511.191
of the
Revised Code in relation
to that arrest, the judge,
magistrate, or
mayor,
at any time prior
to the adjudication on the
merits of the
charge resulting from the
arrest, may impose a
suspension of
the
person's license, permit,
or nonresident operating privilege
if
the judge, magistrate, or
mayor determines that the
person's
continued driving will be a
threat to public safety.
(C) A suspension
under division (B)(1) or (2) of this
section
shall continue until
the
complaint
on the charge
resulting
from
the arrest is
adjudicated on the merits. A court that
imposes
a
suspension
under division (B)(2)
of this section shall
send the
person's
driver's license or
permit to the registrar of
motor
vehicles. If
the court possesses the
license or
permit of
a person
in the
category
described in division (B)(2) of
this
section and
the court does
not impose a suspension under
that
division,
the
court shall return the
license or permit to the
person if the
license
or permit has not
otherwise been suspended
or
cancelled.
Any time during which the person serves a suspension of the
person's
license,
permit, or
privilege that is imposed pursuant
to
division (B)(1)
or (2) of this section shall be credited
against
any
period of judicial
suspension of the person's license,
permit,
or
privilege that is imposed
under
division
(G) of
section
4511.19
of the Revised
Code
or under section
4510.07 of
the Revised Code
for a violation
of a municipal ordinance
substantially equivalent
to division (A)
of section 4511.19 of the
Revised Code.
(D) If a person is arrested and charged with a violation of
section
2903.08 of the
Revised Code or a violation of section
2903.06 of the Revised
Code that is a felony offense,
the judge at
the person's initial appearance, preliminary
hearing, or
arraignment may suspend the person's driver's or
commercial
driver's license or permit or nonresident operating
privilege if
the judge determines at any of those proceedings
that the person's
continued driving will be a threat to public
safety.
A suspension
imposed
under this
division shall continue
until
the indictment or information
alleging the violation
specified in
this division is adjudicated
on the merits. A court
that imposes a
suspension under this
division shall send the
person's driver's or
commercial driver's
license or permit to the
registrar.
Sec. 4511.197. (A) If a person is arrested for operating a
vehicle, streetcar, or trackless trolley in violation of division
(A) or (B) of section
4511.19 of
the Revised Code or a
municipal
OVI ordinance or township OVI resolution or for being in physical
control of a
vehicle,
streetcar, or trackless trolley in violation
of section
4511.194
of the Revised Code or a substantially
equivalent municipal
ordinance or township resolution
and if the
person's driver's or
commercial
driver's
license or permit or
nonresident
operating
privilege is
suspended
under section
4511.191 of the Revised Code,
the person
may
appeal
the
suspension at the person's initial
appearance on
the charge
resulting from the arrest or
within the
period ending
thirty days
after the person's initial
appearance on
that charge,
in the court
in which the person
will appear on that
charge. If
the person
appeals the suspension,
the appeal itself
does not stay
the
operation of the suspension. If the
person
appeals the
suspension,
either the person or the registrar of
motor
vehicles
may request a
continuance of the appeal, and the
court may grant
the
continuance. The court
also may continue the
appeal on its
own
motion. Neither the request for, nor
the
granting of, a
continuance stays the suspension that is the
subject of the
appeal, unless the court specifically grants a
stay.
(B) A person shall file an appeal under division (A) of
this
section
in the municipal court, county court, juvenile court,
mayor's community court, or
court of common pleas that has
jurisdiction over
the charge
in relation to which the person was
arrested.
(C) If a person appeals a suspension under division (A)
of
this
section, the scope of the appeal is limited to determining
whether one or
more of the following conditions have not been met:
(1) Whether the arresting law enforcement officer had
reasonable
ground to believe the arrested person was operating a
vehicle, streetcar, or trackless trolley in
violation of division
(A) or (B) of section 4511.19 of
the Revised Code or a
municipal
OVI ordinance or township OVI resolution or was in physical
control of a vehicle,
streetcar,
or trackless trolley in violation
of section 4511.194
of the
Revised Code or a substantially
equivalent municipal ordinance or township resolution and
whether
the arrested person was in
fact
placed
under arrest;
(2) Whether the law enforcement officer requested the
arrested
person to submit to the chemical test or tests designated
pursuant to
division (A) of section 4511.191 of the Revised Code;
(3) Whether the arresting officer informed the arrested
person of
the consequences of refusing to be tested or of
submitting to the test or
tests;
(4) Whichever of the following is applicable:
(a) Whether the arrested person refused to submit to the
chemical
test or tests requested by the officer;
(b) Whether the arrest was for a violation of division
(A)
or
(B) of section 4511.19 of the Revised Code or a municipal
OVI
ordinance or township OVI resolution and, if it was, whether the
chemical test results
indicate that the
arrested
person's whole
blood contained a
concentration of
eight-hundredths of one per
cent or more by
weight
of
alcohol, the person's blood
serum or
plasma contained a
concentration
of ninety-six-thousandths of
one
per cent or more by
weight of
alcohol, the person's breath
contained a concentration
of
eight-hundredths of one gram or more
by
weight of alcohol per
two
hundred ten liters of
the person's
breath, or the person's
urine
contained a
concentration of
eleven-hundredths of one gram
or
more by weight
of alcohol per
one hundred milliliters of the
person's urine at
the time of the
alleged offense.
(D) A person who appeals a suspension under division (A)
of
this
section has the burden of proving, by a preponderance of the
evidence,
that one or more of the conditions specified in division
(C) of this section has not been met. If, during the
appeal, the
judge or magistrate of the court or the mayor of the mayor's court
determines
that all of those conditions have been met, the judge,
or
magistrate, or mayor
shall uphold the
suspension, continue the
suspension, and notify the registrar of
motor vehicles of the
decision on a form approved by the
registrar.
Except as otherwise provided in this section, if a suspension
imposed under section 4511.191 of the Revised Code is
upheld on
appeal or if the subject person does not appeal the suspension
under division (A) of this section, the suspension shall
continue
until the complaint alleging the violation for which the person
was
arrested and in
relation to which the suspension was imposed
is adjudicated on the merits
or terminated pursuant to law. If
the
suspension was
imposed under division (B)(1) of section
4511.191
of the Revised Code and it is
continued under this
section, any
subsequent finding that the person is not
guilty of
the charge
that resulted in the
person being requested to take the
chemical
test or tests under division
(A) of section 4511.191 of
the
Revised Code does
not
terminate or otherwise affect the
suspension. If the suspension was
imposed under division (C) of
section 4511.191 of the Revised Code in relation to an
alleged
misdemeanor violation of division (A) or (B) of
section 4511.19 of
the Revised Code or of a municipal OVI ordinance or township OVI
resolution and it is
continued
under this
section, the suspension
shall terminate if,
for any reason,
the person subsequently is
found not guilty of the
charge that resulted
in the person taking
the chemical test or
tests.
If, during the appeal, the judge or magistrate of the trial
court
or the mayor of the mayor's court determines that one or
more of the
conditions specified in division (C) of this section
have not been
met, the judge, or magistrate, or mayor shall
terminate
the suspension, subject
to the imposition of a new
suspension
under
division (B) of section 4511.196 of the Revised
Code; shall
notify
the registrar of motor vehicles of the decision
on a form
approved by the
registrar; and, except as provided in
division (B)
of
section 4511.196 of the Revised Code, shall order
the
registrar
to
return the driver's or commercial driver's
license or permit to
the person or
to take any other measures that
may be necessary, if
the
license or permit was destroyed under
section 4510.53 of the
Revised Code, to permit the
person to
obtain a replacement
driver's or commercial driver's license or
permit from the
registrar
or a deputy registrar in accordance with
that section.
The court
also shall issue to the person a court
order, valid for
not more than ten days
from the date of issuance,
granting the
person operating privileges for that
period.
(E) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privilege has been suspended
pursuant to
section 4511.191 of the Revised Code may file a
petition
requesting limited driving privileges in the common pleas
court,
municipal court, county court, mayor's community court, or
juvenile
court with jurisdiction over the related criminal or
delinquency
case.
The petition may be filed at any time
subsequent to the
date on which
the arresting law enforcement
officer serves the
notice of suspension
upon the arrested person
but no later than
thirty days after the
arrested person's initial
appearance or
arraignment. Upon the
making of the request, limited
driving
privileges may be granted
under sections 4510.021 and
4510.13 of
the Revised Code, regardless of whether
the person
appeals the
suspension under this section or appeals the
decision
of the court
on the appeal, and, if the person has
so appealed the
suspension
or decision, regardless of whether the matter
has been
heard or
decided by the court. The person shall pay the costs
of
the
proceeding, notify the registrar of the filing of the
petition,
and send the registrar a copy of the petition.
The court may not grant the person limited driving privileges
when
prohibited by section 4510.13 or 4511.191 of the Revised
Code.
(F) Any person whose driver's or commercial driver's license
or
permit has been suspended under section 4511.19 of the Revised
Code or under section 4510.07 of the Revised Code for a conviction
of a municipal
OVI offense or township OVI resolution and who
desires to retain the license
or permit during
the pendency of an
appeal, at the time sentence
is pronounced, shall notify
the court
of record
or mayor's court
that suspended the license or permit of
the person's
intention to
appeal. If the person so notifies the
court, the
court, mayor, or
clerk of the court shall retain the
license or permit until
the
appeal is perfected, and, if execution
of sentence is stayed,
the
license or permit shall be returned to
the person to be held by
the
person during the pendency of the
appeal. If the appeal is
not
perfected or is dismissed or
terminated in an affirmance of
the
conviction,
then the license
or permit shall be taken up by
the
court, mayor, or clerk, at
the
time
of putting the sentence
into
execution, and the court shall
proceed in the same manner as
if no
appeal was taken.
(G) Except as otherwise provided in this division, if a
person
whose driver's or commercial driver's license or permit or
nonresident
operating privilege was suspended under section
4511.191
of the Revised Code appeals the suspension under division
(A) of
this section, the prosecuting attorney of the county in
which the
arrest occurred shall represent the registrar of motor
vehicles in the appeal.
If the arrest occurred within a municipal
corporation or urban township within the
jurisdiction of the court
in which the
appeal is conducted, the
city director of law,
village solicitor,
or other chief legal
officer of that municipal
corporation or urban township shall
represent the
registrar. If
the appeal is conducted in a
municipal
court, the
registrar shall
be represented as provided in
section
1901.34 of
the Revised
Code. If the appeal is conducted
in a
mayor's community
court,
the city director of law, village
solicitor,
or other chief legal
officer of the municipal
corporation or urban township that
operates that
mayor's community court shall
represent the
registrar.
(H) The court shall give information in writing of any
action
taken under this section to the registrar of motor
vehicles.
(I) When it finally has been determined under the procedures
of
this section that a nonresident's privilege to operate a
vehicle within this
state has been suspended, the registrar of
motor vehicles shall
give information in writing of the action
taken to the motor
vehicle administrator of the state of the
nonresident's residence
and of any state in which the nonresident
has a license.
Sec. 4511.203.
(A) No person shall
permit a motor vehicle
owned by
the person or under
the person's
control to be driven
by
another if
any of the
following
apply:
(1) The offender knows or
has reasonable cause to
believe
that the other person
does not have a valid driver's or
commercial
driver's
license or
permit or valid nonresident driving
privileges.
(2) The offender knows or has reasonable cause to believe
that the other person's driver's or commercial driver's license or
permit or nonresident operating privileges have been suspended or
canceled under Chapter 4510. or any other provision of the Revised
Code.
(3) The offender knows or
has reasonable cause to
believe
that the other person's
act of driving the motor
vehicle would
violate any prohibition contained in
Chapter
4509. of
the Revised
Code.
(4)
The offender knows or has reasonable cause to believe
that the other
person's
act
of driving would violate section
4511.19 of the
Revised Code
or
any substantially equivalent
municipal ordinance or township resolution.
(B) Without limiting or precluding the consideration of any
other evidence in determining whether a violation of division
(A)(1), (2), (3), or (4) of this section has occurred, it shall be
prima-facie evidence that the offender knows
or
has reasonable
cause to believe that the operator of the motor vehicle owned by
the
offender or
under the
offender's control is in a category
described in division (A)(1), (2), (3), or (4) of this
section if
any of the following applies:
(1) Regarding an operator allegedly in the category
described
in division (A)(1) or (3) of this section, the offender
and the
operator of the motor vehicle reside in the same household
and are
related by consanguinity or affinity.
(2) Regarding an operator allegedly in the category
described
in division (A)(2) of this section, the offender and the
operator
of the motor vehicle reside in the same household, and
the
offender knows or has reasonable cause to believe that the
operator has been charged with or convicted of any violation of
law or ordinance, or has committed any other act or omission, that
would or could result in the suspension or cancellation of the
operator's license, permit, or privilege.
(3) Regarding an operator allegedly in the category
described
in division (A)(4) of this section, the offender and the
operator
of the motor vehicle
occupied
the motor vehicle together
at the
time of the offense.
(C)
Whoever violates this section is guilty of wrongful
entrustment of a motor vehicle, a misdemeanor of the first degree.
In
addition to the penalties imposed under Chapter 2929. of the
Revised Code, the court
shall impose a class seven suspension
of
the offender's driver's license, commercial driver's license,
temporary
instruction permit, probationary license, or nonresident
operating privilege
from the range specified in division (A)(7) of
section 4510.02 of the Revised Code,
and, if the vehicle involved
in the offense is registered in the name of the
offender, the
court shall
order one of the following:
(1) Except as otherwise provided in division (C)(2) or (3)
of
this section, the court shall order, for thirty days, the
immobilization of
the vehicle involved in the offense and the
impoundment of that
vehicle's license plates. The order shall be
issued and enforced under
section 4503.233 of the Revised Code.
(2) If the offender previously has been convicted of or
pleaded
guilty to one violation of this section or a substantially
equivalent municipal ordinance or township resolution, the court
shall order, for sixty
days, the immobilization of the vehicle
involved in the offense
and the
impoundment of that vehicle's
license plates. The order
shall be
issued and enforced under
section 4503.233 of the Revised
Code.
(3) If the offender previously has been convicted of or
pleaded
guilty to two or more violations of this section or a
substantially
equivalent municipal ordinance or township
resolution, the court shall
order the criminal
forfeiture to the
state of the vehicle involved
in the offense. The order
shall be
issued and enforced under
section 4503.234 of the Revised Code.
If title to a motor vehicle that is subject to an order for
criminal forfeiture under this division is assigned or transferred
and
division (B)(2) or (3) of section 4503.234 of the Revised Code
applies, in addition to or independent of any other penalty
established by
law, the court may fine the offender the value of
the vehicle as determined by
publications of the national auto
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division
(C)(2)
of section 4503.234 of the Revised Code.
(D)
If a court orders the immobilization of a vehicle under
division (C) of this section, the court shall not release the
vehicle from the immobilization before the termination of the
period of
immobilization ordered
unless the court is presented
with current proof of financial responsibility
with respect to
that
vehicle.
(E)
If a court orders the criminal forfeiture of a vehicle
under
division (C) of this section, upon receipt of the order from
the
court, neither the registrar of motor vehicles nor any deputy
registrar shall
accept any
application for the registration or
transfer of registration of any motor
vehicle owned or leased
by
the person named in the order. The period of denial shall be
five
years after the date the order is issued, unless, during that
five-year period, the court with jurisdiction of the offense that
resulted in the order terminates the forfeiture and notifies the
registrar of the termination. If the court terminates the
forfeiture and notifies the registrar, the registrar shall take
all necessary measures to permit the person to register a vehicle
owned or leased by the person or to transfer the registration of
the vehicle.
(F)
This section does not apply to motor vehicle rental
dealers
or motor vehicle leasing dealers, as defined in section
4549.65 of the Revised Code.
(G) Evidence of a conviction of, plea of guilty to, or
adjudication as a delinquent child for a violation of this section
or a substantially similar municipal ordinance or township
resolution shall not be
admissible as evidence in any civil action
that involves the
offender or delinquent child who is the subject
of the conviction,
plea, or adjudication and that arises from the
wrongful
entrustment of a motor vehicle.
(H) As used in this section, a vehicle is owned by a
person
if, at the time of a violation of this section, the vehicle
is
registered in the person's name.
Sec. 4511.211. (A) The owner of a private road or
driveway
located in a private residential area containing twenty
or more
dwelling units may establish a speed limit on the road or
driveway
by complying with all of the following requirements:
(1) The speed limit is not less than twenty-five miles per
hour and is indicated by a sign that is in a proper position, is
sufficiently legible to be seen by an ordinarily observant
person,
and meets the specifications for the basic speed limit
sign
included in the manual adopted by the department of
transportation
pursuant to section 4511.09 of the Revised Code;
(2) The owner has posted a sign at the entrance of the
private road or driveway that is in plain view and clearly
informs
persons entering the road or driveway that they are
entering
private property, a speed limit has been established for
the road
or driveway, and the speed limit is enforceable by law
enforcement
officers under state law.
(B) No person shall operate a vehicle upon a private road
or
driveway as provided in division (A) of this section at a
speed
exceeding any speed limit established and posted pursuant
to that
division.
(C) When a speed limit is established and posted in
accordance with division (A) of this section, any law enforcement
officer may apprehend a person violating the speed limit of the
residential area by utilizing any of the means described in
section 4511.091 of the Revised Code or by any other accepted
method of determining the speed of a motor vehicle and may stop
and charge the person with exceeding the speed limit.
(D) Points shall be assessed for violation of a speed
limit
established and posted in accordance with division (A) of
this
section
in
accordance
with section 4510.036 of the Revised Code.
(E) As used in this section:
(1) "Owner" includes but is not limited to a person who
holds
title to the real property in fee simple, a condominium
owners'
association, a property owner's association, the board of
directors or trustees of a private community, and a nonprofit
corporation governing a private community.
(2) "Private residential area containing twenty or more
dwelling units" does not include a Chautauqua assembly as defined
in section 4511.90 of the Revised Code.
(F) A violation of division (B) of
this section is one of
the
following:
(1) Except as otherwise provided in divisions
(F)(2) and (3)
of this
section, a minor misdemeanor;
(2) If, within one year of the offense, the offender
previously
has been convicted of or pleaded guilty to two
violations of division
(B) of this section or of any municipal
ordinance or township resolution that is
substantially similar to
division (B) of this
section, a misdemeanor
of the fourth degree;
(3) If, within one year of the offense, the offender
previously
has been convicted of or pleaded guilty to three or
more violations of
division (B) of this section or of any
municipal ordinance or township resolution that is
substantially
similar to division (B)
of this section, a misdemeanor
of the
third degree.
Sec. 4511.512. (A)(1) Electric personal assistive mobility
devices may be operated on the public streets, highways,
sidewalks, and paths and portions of roadways set aside for the
exclusive use of bicycles in accordance with this section.
(2) Except as otherwise provided in this section, those
sections of this chapter that by their nature are applicable to an
electric personal assistive mobility device apply to the device
and the person operating it whenever it is operated upon any
public street, highway, sidewalk, or path or upon any portion of a
roadway set aside for the exclusive use of bicycles.
(3) A local authority may regulate or prohibit the
operation
of
electric personal assistive mobility devices on
public streets,
highways, sidewalks,
and paths, and portions of
roadways set aside
for the exclusive use of bicycles, under its
jurisdiction.
(B) No operator of an electric personal assistive mobility
device shall do any of the following:
(1) Fail to yield the right-of-way to all pedestrians and
human-powered vehicles at all times;
(2) Fail to give an audible signal before overtaking and
passing a pedestrian;
(3) Operate the device at night unless the device or its
operator is equipped with or wearing both of the following:
(a) A lamp pointing to the front that emits a white light
visible from a distance of not less than five hundred feet;
(b) A red reflector facing the rear that is visible from
all
distances from one hundred feet to six hundred feet when
directly
in front of lawful lower beams of head lamps on a motor
vehicle.
(4) Operate the device on any portion of a street or
highway
that has an established speed limit of fifty-five miles
per hour
or more;
(5) Operate the device upon any path set aside for the
exclusive use of pedestrians or other specialized use when an
appropriate sign giving notice of the specialized use is posted on
the path;
(6) If under eighteen years of age, operate the device
unless
wearing a protective helmet on the person's head with the
chin
strap properly fastened;
(7) If under sixteen years of age, operate the device
unless,
during the operation, the person is under the direct
visual and
audible supervision of another person who is eighteen
years of age
or older and is responsible for the immediate care of
the person
under sixteen years of age.
(C) No person who is under fourteen years of age shall
operate an electric personal assistive mobility device.
(D)
No person shall distribute
or sell an electric
personal
assistive mobility device unless the
device is
accompanied by a
written statement that is substantially
equivalent to the
following: "WARNING: TO REDUCE THE RISK OF
SERIOUS INJURY,
USE
ONLY WHILE WEARING FULL PROTECTIVE EQUIPMENT
–
HELMET, WRIST
GUARDS, ELBOW PADS, AND KNEE PADS."
(E) Nothing in this section affects or shall be construed to
affect any
rule of the director of natural resources or a board of
park
district commissioners governing the operation of vehicles on
lands under the control of the director or board, as applicable.
(F)(1) Whoever violates division (B) or (C) of this section
is guilty of a minor misdemeanor and shall be punished as follows:
(a) The offender shall be fined ten dollars.
(b) If the offender previously has been convicted of or
pleaded guilty to a violation of division (B) or (C) of this
section or a substantially similar municipal ordinance or township
resolution, the court,
in addition to imposing the fine required
under division (F)(1) of
this section, shall do one of the
following:
(i) Order the impoundment for not less than one day but
not
more than thirty days of the electric personal assistive
mobility
device that was involved in the current violation of that
division. The court shall order the device to be impounded at a
safe indoor location designated by the court and may assess
storage fees of not more than five dollars per day, provided the
total storage, processing, and release fees assessed against the
offender or the device in connection with the device's impoundment
or subsequent release shall not exceed fifty dollars.
(ii) If the court does not issue an impoundment order
pursuant to division (F)(1)(b)(i) of this section, issue an order
prohibiting the offender from operating any electric personal
assistive mobility device on the public streets, highways,
sidewalks, and paths and portions of roadways set aside for the
exclusive use of bicycles for not less than one day but not more
than thirty days.
(2) Whoever violates division (D) of this section is
guilty
of a minor misdemeanor.
Sec. 4511.63. (A) Except as provided in division (B) of this
section, the operator of any
bus, any school vehicle, or any
vehicle transporting
a material or materials required to be
placarded under 49 C.F.R. Parts 100-185,
before crossing at grade
any track of a railroad, shall stop the
vehicle and, while so
stopped, shall listen
through an open door or open window and look
in both directions
along the track for any approaching train, and
for signals
indicating the approach of a train, and shall proceed
only upon
exercising due care after stopping, looking, and
listening as
required by this section. Upon proceeding, the
operator of such
a
vehicle shall cross only in a gear that will
ensure there will
be
no necessity for changing gears while
traversing the crossing
and
shall not shift gears while crossing
the tracks.
(B) This section does not apply at grade crossings when the
public utilities commission has
authorized and approved an exempt
crossing as provided in this division.
(1) Any local authority may file an application with the
commission requesting the approval of an exempt crossing. Upon
receipt of such a request, the commission shall authorize a
limited period for the filing of comments by any party regarding
the application and then shall conduct a public hearing in the
community seeking the exempt crossing designation. The commission
shall provide appropriate prior public notice of the comment
period and the public hearing. By registered mail, the commission
shall notify each railroad operating over the crossing of the
comment period.
(2) After considering any comments or other information
received, the commission may approve or reject the application. By
order, the commission may establish conditions for the exempt
crossing designation, including compliance with division (b) of 49
C.F.R. Part 392.10, when applicable. An exempt crossing
designation becomes effective only when appropriate signs giving
notice of the exempt designation are erected at the crossing as
ordered by the commission and any other conditions ordered by the
commission are satisfied.
(3) By order, the commission may rescind any exempt crossing
designation made under this section if the commission finds that a
condition at the exempt crossing has changed to such an extent
that the continuation of the exempt crossing designation
compromises public safety. The commission may conduct a public
hearing to investigate and determine whether to rescind the exempt
crossing designation. If the commission rescinds the designation,
it shall order the removal of any exempt crossing signs and may
make any other necessary order.
(C)
As used in this section:
(1) "School vehicle" means any vehicle used for the
transportation of pupils to and from a school or school-related
function if the vehicle is owned or operated by, or operated under
contract with, a public or nonpublic school.
(2) "Bus" means any vehicle
originally designed by its
manufacturer to transport sixteen or
more passengers, including
the driver, or carries sixteen or more
passengers, including the
driver.
(3) "Exempt crossing" means a highway rail grade crossing
authorized and approved by the public utilities commission under
division (B) of this section at which vehicles may cross without
making the stop otherwise required by this section.
(D) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender
previously has been convicted of or pleaded guilty to one
or more violations
of this section or section 4511.76, 4511.761,
4511.762, 4511.764, 4511.77, or
4511.79 of the Revised Code or a
municipal ordinance or township resolution that is substantially
similar to any of
those
sections, whoever violates this section is
guilty of a misdemeanor
of
the fourth degree.
Sec. 4511.69. (A) Every vehicle stopped or parked upon a
roadway where there is an adjacent curb shall be stopped or
parked
with the right-hand wheels of the vehicle parallel with
and not
more than twelve inches from the right-hand curb, unless
it is
impossible to approach so close to the curb; in such case
the stop
shall be made as close to the curb as possible and only
for the
time necessary to discharge and receive passengers or to
load or
unload merchandise. Local authorities by ordinance
may permit
angle parking on any roadway under their jurisdiction,
except that
angle parking shall not be permitted on a state route
within a
municipal corporation unless an unoccupied roadway width
of not
less than twenty-five feet is available for free-moving
traffic.
(B) Local authorities by ordinance may permit parking of
vehicles with the left-hand wheels adjacent to and within twelve
inches of the left-hand curb of a one-way roadway.
(C) No vehicle or trackless trolley shall be stopped or
parked on a road or highway with the vehicle or trackless trolley
facing in a direction other than the direction of travel on that
side of the road or highway.
(D) Notwithstanding any statute or any rule, resolution,
or
ordinance adopted by any local authority, air compressors,
tractors, trucks, and other equipment, while being used in the
construction, reconstruction, installation, repair, or removal of
facilities near, on, over, or under a street or highway, may
stop,
stand, or park where necessary in order to perform such
work,
provided a flagperson is on duty or warning signs
or
lights are
displayed as may be prescribed by the director of transportation.
(E) Special parking locations and privileges for persons
with
disabilities that limit or impair the ability to walk, also
known
as handicapped parking spaces or disability parking spaces,
shall
be provided and designated by all political subdivisions
and
by
the state and all agencies and instrumentalities thereof
at all
offices and facilities, where parking is provided, whether
owned,
rented, or leased, and at all publicly owned parking
garages. The
locations shall be designated through the posting
of an elevated
sign, whether permanently affixed or movable,
imprinted with the
international symbol of access and shall be
reasonably close to
exits, entrances, elevators, and ramps. All
elevated signs posted
in accordance with this division and
division (C) of section
3781.111 of the Revised
Code shall be
mounted on a fixed or
movable post, and the distance from the
ground to the top edge of
the sign shall measure five feet. If a new sign or
a replacement
sign designating a special parking location
is posted on or after
October
14, 1999, there also
shall
be affixed upon the surface of
that sign or affixed next to
the designating
sign a notice that
states the fine
applicable for
the offense of parking a motor
vehicle in the
special designated
parking location if the motor
vehicle is not
legally entitled to
be parked in that location.
(F)(1) No person shall stop, stand, or park any motor
vehicle
at special parking locations provided under division (E)
of this
section or at special clearly marked parking locations
provided
in
or on privately owned parking lots, parking garages,
or other
parking areas and designated in accordance with that
division,
unless one of the following applies:
(a) The motor vehicle is being operated by or for the
transport of a person with a disability that limits or impairs
the
ability to walk and is displaying a valid removable
windshield
placard or special license plates;
(b) The motor vehicle is being operated by or for the
transport of a handicapped person and is displaying a parking
card
or special handicapped license plates.
(2) Any motor vehicle that is parked in a special marked
parking
location in
violation of division (F)(1)(a) or (b)
of this
section may be towed or otherwise
removed from the parking
location by the law enforcement agency of the
political
subdivision in which the parking location is located. A motor
vehicle that is so towed or removed shall not be released to its
owner until
the owner presents proof of ownership of the motor
vehicle and pays all towing
and storage fees normally imposed by
that political subdivision for towing
and storing motor vehicles.
If the motor vehicle is a leased vehicle, it
shall not be released
to the lessee until the lessee presents proof that that
person is
the lessee of the motor vehicle and pays all towing and storage
fees
normally imposed by that political subdivision for towing and
storing motor
vehicles.
(3) If a person is charged with a violation of division
(F)(1)(a)
or (b) of this section, it is an affirmative defense to
the
charge that the person suffered an injury not more than
seventy-two hours
prior
to the time the person was issued the
ticket or citation and that, because of
the injury, the person
meets at least one of the criteria
contained in division (A)(1) of
section 4503.44 of the
Revised
Code.
(G) When a motor vehicle is being operated by or for the
transport of a person with a disability that limits or impairs
the
ability to walk and is displaying a removable windshield
placard
or a temporary removable windshield placard or special
license
plates, or when a motor vehicle is being operated by or
for the
transport of a handicapped person and is displaying a
parking card
or special handicapped license plates, the motor
vehicle is
permitted to park for a period of two hours
in
excess of the legal
parking period permitted by local
authorities, except where local
ordinances or police rules
provide otherwise or where the vehicle
is parked in such a manner
as to be clearly a traffic hazard.
(H) No owner of an office, facility, or parking garage
where
special parking locations are required to be
designated in
accordance
with division (E) of this section shall fail to
properly mark the
special parking locations in accordance with
that
division or fail to
maintain the markings of the special
locations, including the
erection and maintenance of the fixed or
movable signs.
(I) Nothing in this section shall be construed to
require a
person or organization to apply for a removable windshield
placard
or special license plates if the parking card or special
license
plates issued to the person or organization under prior
law have
not expired or been surrendered or revoked.
(J)(1) Whoever violates division (A) or (C)
of this section
is guilty of a minor misdemeanor.
(2)(a) Whoever violates division (F)(1)(a)
or
(b) of this
section is
guilty of a misdemeanor and
shall be punished as
provided
in division (J)(2)(a) and (b) of this
section. Except as
otherwise provided in division (J)(2)(a) of this
section, an
offender who violates division (F)(1)(a) or
(b) of this section
shall be fined not less than two hundred fifty nor
more than five
hundred dollars. An
offender who
violates division (F)(1)(a) or
(b) of
this section shall be fined
not more than one hundred
dollars if the offender, prior to sentencing,
proves either of the
following to the satisfaction of the court:
(i) At the time of the violation of division
(F)(1)(a) of
this
section, the offender or the person for whose transport the
motor
vehicle was being operated had been issued a removable
windshield
placard that then was valid or special license plates
that then
were valid but the offender or the person neglected to
display the
placard or license plates as described in division
(F)(1)(a) of
this section.
(ii) At the time of the violation of division
(F)(1)(b) of
this
section, the offender or the person for whose transport the
motor
vehicle was being operated had been issued a parking card
that
then was valid or special handicapped license plates that
then
were valid but the offender or the person neglected to
display the
card or license plates as described in division
(F)(1)(b) of this
section.
(b) In no case shall an offender who violates division
(F)(1)(a) or (b) of this section be
sentenced
to any term
of
imprisonment.
An arrest or conviction for a violation of division
(F)(1)(a)
or (b) of this section does not
constitute a criminal record and
need not be reported
by the person so arrested or convicted in
response to any inquiries contained
in any application for
employment, license, or other right or privilege, or made in
connection with the person's appearance as a witness.
The clerk of the court shall pay every fine collected under
division
(J)(2) of this section to the political subdivision in
which the
violation
occurred. Except as provided in division
(J)(2) of this section, the
political
subdivision shall use the
fine moneys it receives under
division (J)(2) of this section to
pay the expenses it incurs in
complying with the signage and
notice requirements contained in division (E) of
this section.
The
political subdivision may use up to fifty per cent of each
fine it
receives
under division (J)(2) of this section to pay the
costs of
educational, advocacy, support, and
assistive technology
programs
for persons with disabilities, and for public
improvements within
the political subdivision that benefit or
assist persons with
disabilities, if governmental agencies or
nonprofit organizations
offer the programs.
(3) Whoever violates division (H) of this section shall be
punished as follows:
(a) Except as otherwise provided in division (J)(3) of
this
section, the offender shall be issued a warning.
(b) If the offender previously has been convicted of or
pleaded
guilty to a violation of division (H) of this section or
of a
municipal ordinance or township resolution that is
substantially similar to that
division, the
offender shall not be
issued a warning but shall be
fined
not more than twenty-five
dollars
for each parking location
that is not
properly marked or
whose markings are
not properly
maintained.
(K) As used in this section:
(1) "Handicapped person" means any person who has lost the
use of one or both legs or one or both arms, who is blind, deaf,
or so severely handicapped as to be unable to move without the
aid
of crutches or a wheelchair, or whose mobility is restricted
by a
permanent cardiovascular, pulmonary, or other handicapping
condition.
(2) "Person with a disability that limits or impairs the
ability to walk" has the same meaning as in section 4503.44 of
the
Revised Code.
(3) "Special license plates" and "removable windshield
placard" mean any license plates or removable windshield placard
or temporary removable windshield placard issued under section
4503.41 or 4503.44 of the Revised Code, and also mean any
substantially similar license plates or removable windshield
placard or temporary removable windshield placard issued by a
state, district, country, or sovereignty.
Sec. 4511.75. (A) The driver of a vehicle, streetcar, or
trackless trolley upon meeting or overtaking from either
direction
any school bus stopped for the purpose of receiving or
discharging
any school child, person attending programs
offered
by community
boards of mental health and county boards of mental
retardation
and developmental disabilities, or child attending a
program
offered by a head
start agency,
shall stop at least
ten feet from
the front or rear of the school bus and shall not
proceed until
such school bus resumes motion, or until signaled
by the school
bus driver to proceed.
It is no defense to a charge under this division that the
school bus involved failed to display or be equipped with an
automatically extended stop warning sign as required by division
(B) of this section.
(B) Every school bus shall be equipped with amber and red
visual signals meeting the requirements of section 4511.771 of
the
Revised Code, and an automatically extended stop warning sign
of a
type approved by the state board of education, which shall
be
actuated by the driver of the bus whenever but only whenever
the
bus is stopped or stopping on the roadway for the purpose of
receiving or discharging school children, persons attending
programs offered by community boards of mental health and county
boards of mental retardation and developmental disabilities, or
children attending programs offered by head start agencies. A
school bus driver shall not actuate the visual signals or the
stop
warning sign in designated school bus loading areas where
the bus
is entirely off the roadway or at school buildings when
children
or persons attending programs offered by community
boards of
mental health and county boards of mental retardation
and
developmental disabilities are loading or unloading at
curbside or
at buildings when children attending programs offered by head
start agencies are loading or unloading at curbside. The visual
signals
and stop warning sign shall be
synchronized or otherwise
operated as required by rule of the
board.
(C) Where a highway has been divided into four or more
traffic lanes, a driver of a vehicle, streetcar, or trackless
trolley need not stop for a school bus approaching from the
opposite direction which has stopped for the purpose of receiving
or discharging any school child, persons attending programs
offered by community boards of mental health and county boards of
mental retardation and developmental disabilities, or children
attending programs offered by head start agencies. The driver of
any vehicle, streetcar, or trackless trolley overtaking the
school
bus shall comply with division (A) of this section.
(D) School buses operating on divided highways or on
highways
with four or more traffic lanes shall receive and
discharge all
school children, persons attending programs
offered
by community
boards of mental health and county boards of
mental
retardation
and developmental disabilities, and children
attending
programs
offered by head start agencies on their
residence side of
the
highway.
(E) No school bus driver shall start the driver's bus until
after
any child, person attending programs offered by community
boards of mental health and county boards of mental retardation
and developmental disabilities, or child attending a program
offered
by a head start agency who may have alighted therefrom
has
reached a place of safety on the child's or person's
residence
side of the road.
(F)(1)
Whoever violates division (A) of this section may
be
fined an amount not to exceed five hundred dollars. A person who
is issued
a citation for a violation of division (A) of this
section is not
permitted to enter a written plea of guilty and
waive the person's right to
contest the citation in a trial but
instead must appear in person in the
proper court to answer the
charge.
(2) In addition to and independent of any other penalty
provided by law,
the court or mayor may impose upon an offender
who violates this section a
class seven suspension of the
offender's driver's license, commercial driver's
license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(7) of
section 4510.02 of the Revised Code. When a license is suspended
under this section, the
court or mayor shall cause the offender to
deliver the license to the court,
and the court or clerk of the
court immediately shall forward the license
to the registrar of
motor vehicles, together with notice of the court's
action.
(G) As used in this section:
(1) "Head start agency" has the same meaning as in section
3301.32 of the Revised Code.
(2) "School bus," as used in relation to children who
attend
a program offered by a head start agency, means a bus that is
owned and
operated by a head start agency, is equipped with an
automatically extended
stop warning sign of a type approved by the
state board of education, is
painted the color and displays the
markings described in section 4511.77 of
the
Revised Code,
and is
equipped with amber and red visual signals meeting the
requirements of
section 4511.771 of the Revised
Code, irrespective
of whether or not the bus
has fifteen or more children aboard at
any time. "School bus" does not
include a van owned and operated
by a head start agency, irrespective of its
color, lights, or
markings.
Sec. 4511.76. (A) The department of public
safety, by and
with
the advice of the superintendent of
public instruction, shall
adopt and enforce rules relating to the
construction,
design, and
equipment, including lighting equipment required by
section
4511.771 of the Revised Code, of all school
buses both publicly
and privately
owned and operated in
this state.
(B) The department of education, by and with the
advice of
the director of public safety, shall adopt and
enforce rules
relating to the
operation of
all
vehicles used for pupil
transportation.
(C) No person shall operate a
vehicle used for
pupil
transportation within this
state
in violation of the rules
of the
department of
education or the department of public safety.
No
person, being the owner
thereof or having the
supervisory
responsibility therefor, shall permit the operation
of a
vehicle
used for pupil transportation within this state in
violation of
the
rules of the department of education or the
department of
public safety.
(D) The department of public safety shall adopt and
enforce
rules relating to the
issuance of a license under section 4511.763
of the Revised Code. The
rules may relate to the moral character
of the
applicant; the condition of
the equipment to be operated;
the liability and property damage
insurance carried by the
applicant; the posting of satisfactory
and sufficient bond; and
such other rules as the
director of public safety determines
reasonably necessary
for the
safety of the pupils to be
transported.
(E) As used in this section, "vehicle used for pupil
transportation" means any vehicle that is identified as such by
the department of education by rule and that is subject to Chapter
3301-83 of the Administrative Code.
(F)
Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender
previously has been convicted of or pleaded guilty to one
or more violations
of this section or section 4511.63, 4511.761,
4511.762, 4511.764, 4511.77, or
4511.79 of the Revised Code or a
municipal ordinance or township resolution that is substantially
similar to any of
those
sections, whoever violates this section is
guilty of a misdemeanor
of
the fourth degree.
Sec. 4511.761.
(A) The state highway patrol shall inspect
every school bus to ascertain whether its construction, design,
and equipment comply with the regulations adopted pursuant to
section 4511.76 of the Revised Code and all other provisions of
law.
The superintendent of the state highway patrol shall adopt
a
distinctive inspection decal not less than twelve inches in
size,
and bearing the date of the inspection, which shall be
affixed to
the outside surface of each side of each school bus
which upon
such inspection is found to comply with the
regulations adopted
pursuant to section 4511.76 of the Revised
Code. The appearance
of
said decal shall be changed from year to
year as to shape and
color in order to provide easy visual
inspection.
No person shall operate, nor shall any person being the
owner
thereof or having supervisory responsibility therefor
permit the
operation of, a school bus within this state unless
there are
displayed thereon the decals issued by the state highway
patrol
bearing the proper date of inspection
for the calendar year for
which the inspection decals were issued.
(B) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender
previously has been convicted of or
pleaded guilty to one
or more violations of this section or
section 4511.63, 4511.76,
4511.762, 4511.764, 4511.77, or 4511.79
of the Revised Code or a
municipal ordinance or township resolution that is
substantially
similar to any of those
sections, whoever violates this section is
guilty
of a misdemeanor
of the fourth degree.
(C) Whenever a person is found guilty in a court of record
of
a
violation of this section, the trial judge, in addition to or
independent of
all other penalties provided by law, may suspend
for any period of time not exceeding three years, or cancel the
license of any person, partnership, association, or corporation,
issued under section 4511.763 of the Revised Code.
Sec. 4511.762. (A) Except as provided in division
(B) of
this section, no person who is the owner of a bus that
previously
was registered as a school bus that is used or is
to be used
exclusively for purposes other than the transportation of
children,
shall operate the bus or permit it to be operated within
this state unless
the bus has been painted a color different from
that
prescribed for school buses by section 4511.77 of the
Revised
Code and painted in such a way that the words
"stop" and "school
bus" are obliterated.
(B) Any church bus that previously was registered as a
school
bus
and is registered under section 4503.07 of the Revised
Code
may retain the paint color prescribed for school buses by
section
4511.77 of
the Revised Code if the bus complies with all
of the
following:
(1) The words "school bus" required by section 4511.77 of
the
Revised Code
are covered or obliterated and the bus is marked
on
the front and rear with
the words "church bus" painted in black
lettering not less than ten inches in
height;
(2) The automatically extended stop warning sign required by
section
4511.75 of the Revised
Code is removed and the word "stop"
required
by section 4511.77 of the Revised Code is covered or
obliterated;
(3) The flashing red and amber lights required by section
4511.771 of
the Revised Code are covered or removed;
(4) The inspection decal required by section 4511.761 of the
Revised Code is covered or removed;
(5) The identification number assigned under section
4511.764
of the
Revised Code and marked in black lettering on the
front and
rear of the bus is
covered or obliterated.
(C) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender
previously has been convicted of or
pleaded guilty to one
or more violations of this section or
section 4511.63, 4511.76,
4511.761, 4511.764, 4511.77, or 4511.79
of the Revised Code or a
municipal ordinance or township resolution that is
substantially
similar to any of those
sections, whoever violates this section is
guilty
of a misdemeanor
of the fourth degree.
(D) Whenever a person is found guilty in a court of record
of
a
violation of this section, the trial judge, in addition to or
independent of
all other penalties provided by law, may suspend
for any period of time not exceeding three years, or cancel the
license of any person, partnership, association, or corporation,
issued under section 4511.763 of the Revised Code.
Sec. 4511.764.
(A) The superintendent of the state highway
patrol shall require school buses to be registered, in the name
of
the owner, with the state highway patrol on forms and in
accordance with regulations as the superintendent may adopt.
When the superintendent is satisfied that the registration
has been completed,
the superintendent shall assign an
identifying
number to each
school bus registered in accordance
with this
section. The
number so assigned shall be marked on the
front and
rear of the
vehicle in black lettering not less than six
inches in
height and
will remain unchanged as long as the
ownership of that
vehicle
remains the same.
No person shall operate, nor shall any person, being the
owner thereof or having supervisory responsibility therefor,
permit the operation of a school bus within this state unless
there is displayed thereon an identifying number in accordance
with this section.
(B) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender previously has been convicted of or
pleaded guilty to one
or more violations of section 4511.63,
4511.76, 4511.761,
4511.762, 4511.77, or 4511.79 of the Revised
Code or a municipal
ordinance or township resolution that is substantially similar to
any of those sections,
whoever
violates this section is guilty of
a misdemeanor of the
fourth
degree.
Sec. 4511.77.
(A) No person shall operate, nor shall any
person being the owner
thereof or having supervisory
responsibility therefor permit the operation of,
a school bus
within this state unless it is painted national school bus
yellow
and is marked on both front and rear
with the words "school bus"
in black lettering not less than eight inches in
height and on the
rear of the bus with the word "stop" in black lettering not
less
than ten inches in height.
(B) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender
previously has been convicted of or
pleaded guilty to one
or more violations of this section or
section 4511.63, 4511.76,
4511.761, 4511.762, 4511.764, or 4511.79
of the Revised Code or a
municipal ordinance or township resolution that is
substantially
similar to any of those
sections, whoever violates this section is
guilty
of a misdemeanor
of the fourth degree.
(C) Whenever a person is found guilty in a court of record
of
a
violation of this section, the trial judge, in addition to or
independent of
all other penalties provided by law, may suspend
for any period of time not exceeding three years, or cancel the
license of any person, partnership, association, or corporation,
issued under section 4511.763 of the Revised Code.
Sec. 4511.79. (A) No person shall drive a "commercial motor
vehicle" as
defined in section 4506.01 of the Revised Code, or a
"commercial car" or
"commercial tractor," as defined in section
4501.01 of the Revised Code, while
the person's ability or
alertness is so impaired by fatigue,
illness, or other causes
that
it is unsafe for
the person to drive such vehicle. No
driver
shall
use any drug
which would adversely affect
the driver's
ability or
alertness.
(B) No owner, as defined in section 4501.01 of the Revised
Code, of a
"commercial motor vehicle," "commercial car," or
"commercial tractor," or a
person employing or otherwise directing
the driver of such vehicle, shall
require or knowingly permit a
driver in any such condition described in
division (A) of this
section to drive such vehicle upon any street or highway.
(C) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender
previously has been convicted of or
pleaded guilty to one
or more violations of this section or
section 4511.63, 4511.76,
4511.761, 4511.762, 4511.764, or 4511.77
of the Revised Code or a
municipal ordinance or township resolution that is
substantially
similar to any of those
sections, whoever violates this section is
guilty
of a misdemeanor
of the fourth degree.
Sec. 4511.81. (A) When any child who is in either or both
of
the following
categories is being transported in a motor
vehicle,
other than a taxicab or
public safety vehicle as defined
in
section 4511.01 of the Revised Code, that
is required by the
United States
department of
transportation to be equipped with
seat belts at
the time of
manufacture or assembly, the operator of
the motor
vehicle shall
have the child properly secured in
accordance with
the
manufacturer's instructions in a child
restraint system that
meets
federal motor vehicle safety
standards:
(1) A child who is less than four years of age;
(2) A child who weighs less than forty pounds.
(B) When any child who is in either or both of the following
categories is
being transported in a motor
vehicle, other than a
taxicab, that is owned, leased, or
otherwise under the control of
a nursery
school, kindergarten, or
day-care center, the operator
of the
motor vehicle shall have the
child properly secured in
accordance
with the manufacturer's
instructions in a child
restraint system
that meets federal motor
vehicle safety
standards:
(1) A child who is less than four years of age;
(2) A child who weighs less than forty pounds.
(C) When any child who is at least four years of age but not
older than fifteen years of age is being transported in a motor
vehicle, other than a taxicab or public safety vehicle as defined
in section 4511.01 of the Revised Code, that is required by the
United States department of transportation to be equipped with
seat belts at the time of manufacture or assembly, the operator of
the motor vehicle shall have the child properly restrained either
in accordance with the manufacturer's instructions in a child
restraint system that meets federal motor vehicle safety standards
or in an occupant restraining device as defined in section
4513.263 of the Revised Code.
(D) Notwithstanding any provision of law to the contrary, no
law enforcement officer shall cause an operator of a motor vehicle
being operated on any street or highway to stop the motor vehicle
for the sole purpose of determining whether a violation of
division (C) of this section has been or is being committed or for
the sole purpose of issuing a ticket, citation, or summons for a
violation of that nature or causing the arrest of or commencing a
prosecution of a person for a violation of that nature, and no law
enforcement officer shall view the interior or visually inspect
any automobile being operated on any street or highway for the
sole purpose of determining whether a violation of that nature has
been or is being committed.
(E) The director of public safety shall adopt such rules
as
are necessary to carry out this section.
(F) The failure of an operator of a motor vehicle to
secure
a
child in a child restraint system or in an occupant restraining
device as required by this section is
not
negligence imputable to
the child, is not admissible as
evidence in any civil action
involving the rights of the child
against any other person
allegedly liable for injuries to the
child, is not to be used as
a
basis for a criminal prosecution of
the operator of the motor
vehicle other than a prosecution for a
violation of this section,
and is not admissible as evidence in
any criminal action
involving
the operator of the motor vehicle
other than a
prosecution for a
violation of this section.
(G) This section does not apply when an emergency exists
that
threatens the life of any person operating a motor vehicle
and
to
whom this section otherwise would apply or the life of any
child
who otherwise would be required to be restrained under this
section.
(H) There is hereby created in the state treasury the "child
highway safety
fund," consisting of fines imposed
pursuant to
division (J)(1) of
this section
for violations
of
divisions (A),
(B), and (C) of this section. The
money in the fund
shall
be used
by the department of health only
to defray the cost
of
designating
hospitals as pediatric
trauma
centers
under
section
3727.081 of
the Revised Code
and to
establish and
administer a child highway
safety program.
The
purpose of the
program
shall be to educate the
public about
child
restraint
systems generally and the
importance
of their
proper
use. The
program also shall include a process for
providing child
restraint
systems to persons who meet the
eligibility criteria
established
by the department, and a
toll-free telephone number
the public may
utilize to obtain
information about child restraint
systems and
their proper
use.
(I) The director of health, in accordance with Chapter 119.
of
the Revised Code,
shall adopt any rules necessary to carry out
this section, including rules
establishing the criteria a person
must meet in order to receive a child
restraint system under the
department's child restraint system program;
provided that rules
relating to the verification of pediatric trauma
centers shall not
be adopted under this section.
(J)(1) Whoever violates
division
(A), (B), or (C) of this
section shall be punished as follows:
(a) Except as otherwise provided in division
(J)(1)(b) of
this
section, the offender is guilty of a minor misdemeanor and
shall be fined not less than twenty-five dollars.
(b) If the offender previously has been convicted of or
pleaded
guilty to a violation of division (A), (B), or (C) of this
section
or of
a municipal ordinance or township resolution that is
substantially similar
to any of those
divisions, the offender is
guilty of a
misdemeanor of the
fourth degree.
(2) All fines imposed pursuant to
division (J)(1) of
this
section shall be forwarded to the
treasurer of state for
deposit
in the "child highway safety fund"
created
by division (H)
of this
section.
Sec. 4513.263. (A) As used in this section and in section
4513.99 of the Revised Code:
(1) "Automobile" means any commercial tractor, passenger
car,
commercial car, or truck that is required to be
factory-equipped
with an occupant restraining device for the
operator or any
passenger by regulations adopted by the United
States secretary of
transportation pursuant to the "National
Traffic and Motor Vehicle
Safety Act of 1966," 80 Stat. 719, 15
U.S.C.A. 1392.
(2) "Occupant restraining device" means a seat safety
belt,
shoulder belt, harness, or other safety device for
restraining a
person who is an operator of or passenger in an
automobile and
that satisfies the minimum federal vehicle safety
standards
established by the United States department of
transportation.
(3) "Passenger" means any person in an automobile, other
than
its operator, who is occupying a seating position for which
an
occupant restraining device is provided.
(4) "Commercial tractor," "passenger car," and "commercial
car" have the same meanings as in section 4501.01 of the Revised
Code.
(5) "Vehicle" and "motor vehicle," as used in the
definitions
of the terms set forth in division (A)(4) of this
section, have
the same meanings as in section 4511.01 of the
Revised Code.
(6) "Tort action" means a civil action for damages for
injury, death, or loss to person or property. "Tort action"
includes a product liability claim, as defined in section 2307.71
of the Revised Code, and an asbestos claim, as defined in section
2307.91 of the Revised Code, but does not include a civil action
for damages for breach of contract or another agreement between
persons.
(B) No person shall do any of the following:
(1) Operate an automobile on any street or highway unless
that person is wearing all of the available elements of a properly
adjusted occupant restraining device, or operate a school bus
that
has an occupant restraining device installed for use in its
operator's seat unless that person is wearing all of the available
elements of the device, as properly adjusted;
(2) Operate an automobile on any street or highway unless
each passenger in the automobile who is subject to the
requirement
set forth in division (B)(3) of this section is
wearing all of the
available elements of a properly adjusted
occupant restraining
device;
(3) Occupy, as a passenger, a seating position on the
front
seat of an automobile being operated on any street or
highway
unless that person is wearing all of the available elements
of a
properly adjusted occupant restraining device;
(4) Operate a taxicab on any street or highway unless all
factory-equipped occupant restraining devices in the taxicab are
maintained in usable form.
(C) Division (B)(3) of this section does not apply to a
person who is required by section 4511.81 of the Revised Code to
be secured in a child restraint device. Division (B)(1) of this
section does not apply to a person who is an employee of the
United States postal service or of a newspaper home delivery
service, during any period in which the person is engaged in the
operation of an automobile to deliver mail or newspapers to
addressees. Divisions (B)(1) and (3) of this section do not
apply
to a person who has an affidavit signed by a physician
licensed to
practice in this state under Chapter 4731. of the
Revised Code or
a chiropractor licensed to practice in this state
under Chapter
4734. of the Revised Code that states that the
person has a
physical impairment that makes use of an occupant
restraining
device impossible or impractical.
(D) Notwithstanding any provision of law to the contrary,
no
law enforcement officer shall cause an operator of an
automobile
being operated on any street or highway to stop the
automobile for
the sole purpose of determining whether a
violation of division
(B) of this section has been or is being
committed or for the sole
purpose of issuing a ticket, citation,
or summons for a violation
of that nature or
causing the arrest of or
commencing a
prosecution of a person for a violation of
that nature, and no
law
enforcement officer shall view the interior or visually
inspect
any automobile being operated on any street or highway
for the
sole purpose of determining whether a violation of that
nature has
been or is being committed.
(E) All Subject to division (F)(2) of section 1901.31 of the
Revised Code, all fines collected for violations of division (B)
of
this section, or for violations of any ordinance or resolution
of
a political subdivision that is substantively comparable to
that
division, shall be forwarded to the treasurer of state for
deposit
as follows:
(1) Eight per cent shall be deposited into the seat belt
education fund, which is hereby created in the state treasury,
and
shall be used by the department of public safety to establish a
seat belt education program.
(2) Eight per cent shall be deposited into the elementary
school program fund, which is hereby created in the state
treasury,
and shall be used by the department of public safety to
establish
and administer elementary school programs that encourage
seat safety
belt use.
(3) Two per cent shall be
deposited into the Ohio
medical
transportation trust fund created by section
4766.05 of the
Revised
Code.
(4) Twenty-eight per cent shall be deposited into the
trauma
and emergency medical services fund, which is hereby created in
the
state treasury, and shall be used by the department of public
safety for the administration of the division of emergency
medical
services and the state board of emergency medical services.
(5) Fifty-four per cent shall be
deposited
into the trauma
and emergency
medical services grants fund, which is hereby
created in the state
treasury, and shall be used by the state
board of emergency
medical services to make grants, in accordance
with section
4765.07 of the Revised Code and rules the board
adopts
under
section 4765.11 of the Revised Code.
(F)(1) Subject to division (F)(2) of this section, the
failure of a person to wear all of the available elements of a
properly adjusted occupant restraining device in violation of
division (B)(1) or (3) of this section
or the failure of a person
to ensure that
each minor who is a
passenger of an automobile
being
operated by
that person is
wearing all of the available
elements of
a properly adjusted occupant restraining
device
in
violation of division (B)(2) of this
section shall
not
be
considered
or used by the trier of fact in a tort action as
evidence of negligence or contributory negligence. But, the trier
of fact may determine based on evidence admitted consistent with
the Ohio rules Rules of evidence Evidence that the failure
contributed to the harm alleged in the tort action and may
diminish a
recovery
of compensatory damages that represents
noneconomic loss, as defined in section 2307.011 of the Revised
Code, in
a tort action
that could have been recovered but for the
plaintiff's failure to wear all of the available elements of a
properly adjusted occupant restraining device. Evidence of that
failure shall not be used as
a
basis for a
criminal prosecution of
the person other than a
prosecution for a
violation of this
section; and shall not be
admissible as evidence
in
a criminal
action involving
the person other than a
prosecution for a
violation of this
section.
(2) If, at the time of an accident involving a passenger
car
equipped with occupant restraining devices, any occupant of
the
passenger car who sustained injury or death was not wearing
an
available occupant restraining device, was not wearing all of
the
available elements of such a device, or was not wearing such
a
device as properly adjusted, then, consistent with the Rules of
Evidence, the fact that the occupant was not wearing the
available
occupant restraining device, was not wearing all of the
available
elements of such a device, or was not wearing such a
device as
properly adjusted is admissible in evidence in relation
to any
claim for relief in a tort action to the extent that the
claim for
relief satisfies all of the following:
(a) It seeks to recover damages for injury or death to the
occupant.
(b) The defendant in question is the manufacturer,
designer,
distributor, or seller of the passenger car.
(c) The claim for relief against the defendant in question
is
that the injury or death sustained by the occupant was
enhanced
or
aggravated by some design defect in the passenger car
or that
the
passenger car was not crashworthy.
(G)(1) Whoever violates division (B)(1) of this section
shall
be fined thirty dollars.
(2) Whoever violates division (B)(3) of this section shall
be
fined twenty dollars.
(3) Except as otherwise provided in this division, whoever
violates division (B)(4) of this section is guilty of a minor
misdemeanor. If the offender previously has been convicted of or
pleaded guilty to a violation of division (B)(4) of this section,
whoever violates division (B)(4) of this section is guilty of a
misdemeanor of the third degree.
Sec. 4513.35. (A) All fines collected under sections
4511.01
to 4511.78, 4511.99, and 4513.01 to 4513.37 of the
Revised Code
shall be paid into the county treasury and, with the
exception of
that portion distributed under section 3375.53 of
the Revised
Code, shall be placed to the credit of the fund for
the
maintenance and repair of the highways within that county,
except
that:
(1) All fines for violations of division (B) of section
4513.263 shall be delivered to the treasurer of state as provided
in division (E) of section 4513.263 of the Revised Code.
(2) All fines collected from, or moneys arising from bonds
forfeited by, persons apprehended or arrested by state highway
patrolmen shall be distributed as provided in section 5503.04 of
the Revised Code.
(3)(a) Subject to division (E) of section 4513.263 of the
Revised Code and except as otherwise provided in division
(A)(3)(b) of this section, one-half of all fines collected from,
and one-half of all moneys arising from bonds forfeited by,
persons apprehended or arrested by a township constable or other
township police officer shall be paid to the township treasury to
be placed to the credit of the general fund.
(b) All fines collected from, and all moneys arising from
bonds forfeited by, persons apprehended or arrested by a township
constable or other township police officer pursuant to division
(B)(2) of section 4513.39 of the Revised Code for a violation of
section 4511.21 of the Revised Code or any other law, ordinance,
or regulation pertaining to speed that occurred on a highway
included as part of the interstate system, as defined in section
5516.01 of the Revised Code, shall be paid into the county
treasury and be credited as provided in the first paragraph of
this section.
(B) Notwithstanding any other provision of this section or
of
any other section of the Revised Code:
(1) All fines collected from, and all moneys arising from
bonds forfeited by, persons arrested under division (E)(1)
or (2)
of section 2935.03 of the Revised Code are deemed to be
collected,
and to arise, from arrests made within the
jurisdiction in which
the arresting officer is appointed,
elected, or employed, for
violations of one of the sections or
chapters of the Revised Code
listed in division (E)(1) of
that section and shall be distributed
accordingly.
(2) All fines collected from, and all moneys arising from
bonds forfeited by, persons arrested under division (E)(3)
of
section 2935.03 of the Revised Code are deemed to be collected,
and to arise, from arrests made within the jurisdiction in which
the arresting officer is appointed, elected, or employed, for
violations of municipal ordinances or township resolutions that
are substantially
equivalent to one of the sections or one of the
provisions of one
of the chapters of the Revised Code listed in
division
(E)(1)
of
that section and for violations of one of the
sections or one of
the provisions of one of the chapters of the
Revised Code listed
in division (E)(1) of that section, and shall
be distributed
accordingly.
Sec. 4513.37. Every county court judge, mayor, and clerk
of
a court of record shall keep a full record of every case in
which
a person is charged with any violation of sections 4511.01
to
4511.78, section 4511.99, and sections 4513.01 to 4513.37 of
the
Revised Code, or of any other law or, ordinance, or resolution
regulating the
operation of vehicles, streetcars, and trackless
trolleys on
highways.
Within ten days after the conviction or forfeiture of bail
of
a person upon a charge of violating any of such sections or
other
law or, ordinance, or resolution regulating the operation of
vehicles,
streetcars, and trackless trolleys on highways, said
judge,
mayor, or the clerk shall prepare and immediately forward
to the
department of public safety an abstract of the court record
covering the case in which said the person was convicted for
forfeited bail, which abstract must be certified by the person
required to prepare the same to be true and correct.
Said The abstract shall be made upon a form approved and
furnished by the department and shall include the name and
address
of the party charged, the number of his the party's
driver's or
commercial driver's license, the registration number of the
vehicle involved, the nature of the offense, the date of hearing,
the plea, the judgment, or whether bail forfeited, and the amount
of the fine or forfeiture.
Every court of record clerk shall also forward a like report
to
the department upon the conviction of any person of
manslaughter
or other felony in the commission of which a vehicle
was used.
The failure, refusal, or neglect of such officer a court
clerk to comply
with this section constitutes misconduct in office
and is ground
for removal therefrom.
The department shall keep all abstracts received under this
section at its main office.
Sec. 4521.01. As used in this chapter:
(A) "Parking infraction" means a violation of any
ordinance,
resolution, or regulation enacted by a local authority
that
regulates the standing or parking of vehicles and that is
authorized pursuant to section 505.17 or 4511.07 of the Revised
Code, or a violation of any ordinance, resolution, or regulation
enacted by a local authority as authorized by this chapter, if
the
local authority in either of these cases also has enacted an
ordinance, resolution, or regulation of the type described in
division (A) of section 4521.02 of the Revised Code in relation
to
the particular regulatory ordinance, resolution, or
regulation.
(B) "Vehicle" has the same meaning as in section 4511.01
of
the Revised Code.
(C) "Court" means a municipal court, county court,
juvenile
court, or mayor's community court, unless specifically identified
as one of
these courts, in which case it means the specifically
identified
court.
(D) "Local authority" means every county, municipal
corporation, township, or other local board or body having
authority to adopt police regulations pursuant to the
constitution
and laws of this state.
(E) "Disability parking space" means a motor vehicle parking
location that is reserved for the exclusive standing or parking of
a vehicle that is operated by or on behalf of a person with a
disability that limits or impairs the ability to walk and displays
a placard or license plates issued under section 4503.44 of the
Revised Code.
(F) "Person with a disability that limits or impairs the
ability to walk" has the same meaning as in section 4503.44 of the
Revised Code.
Sec. 4549.17. (A) No law enforcement officer employed by
a
law enforcement agency of a municipal corporation, township, or
joint township police district shall issue any citation, summons,
or ticket for a violation of section 4511.21 of the Revised Code
or a substantially similar municipal ordinance or township
resolution or for a violation
of section 5577.04 of the Revised
Code or a substantially similar
municipal ordinance, if all of the
following apply:
(1) The citation, summons, or ticket would be issued for a
violation described in division (A) of this section that occurs
on
a freeway that is part of the interstate system;
(2) The municipal corporation, township, or joint township
police district that employs the law enforcement officer has less
than eight hundred eighty yards of the freeway that is part of
the
interstate system within its jurisdiction;
(3) The law enforcement officer must travel outside the
boundaries of the municipal corporation, township, or joint
township police district that employs him the officer in order
to
enter onto
the freeway;
(4) The law enforcement officer travels onto the freeway
for
the primary purpose of issuing citations, summonses, or
tickets
for violations of section 4511.21 of the Revised Code or
a
substantially similar municipal ordinance or township resolution
or for violations of
section 5577.04 of the Revised Code or a
substantially similar
municipal ordinance or township resolution.
(B) As used in this section, "interstate system" has the
same
meaning as in section 5516.01 of the Revised Code.
Sec. 4730.31. (A) As used in this section,
"prosecutor" has
the same meaning as in section 2935.01
of the Revised Code.
(B) Whenever any person holding a valid
certificate issued
pursuant to this chapter pleads guilty to, is
subject to a
judicial finding of guilt of,
or is subject to a judicial finding
of eligibility for intervention in lieu of
conviction for a
violation of Chapter 2907., 2925., or
3719. of the Revised Code or
of any substantively
comparable ordinance of a municipal
corporation or resolution of a township in connection
with
practicing as a physician assistant, the prosecutor in the case
shall, on
forms
prescribed and provided by the state medical
board, promptly
notify the board of the conviction. Within thirty
days of
receipt of such information, the board shall initiate
action in
accordance with Chapter 119. of the Revised
Code to
determine whether to suspend or revoke the
certificate under
section 4730.25 of the Revised
Code.
(C) The prosecutor in any case against any
person holding a
valid certificate issued pursuant to this
chapter shall, on forms
prescribed and provided by the state
medical board, notify the
board of any of the following:
(1) A plea of guilty to, a judicial finding of guilt
of, or
judicial finding of eligibility for intervention in lieu of
conviction
for a felony, or a case where the trial court issues an
order of
dismissal upon technical or procedural grounds of a
felony
charge;
(2) A plea of guilty to, a judicial finding of guilt
of, or
judicial finding or eligibility for intervention in lieu of
conviction
for a misdemeanor committed in the course of practice,
or a case
where the trial court issues an order of dismissal upon
technical
or procedural grounds of a charge of a misdemeanor, if
the
alleged act was committed in the course of practice;
(3) A plea of guilty to, a judicial finding of guilt
of, or
judicial finding of eligibility for intervention in lieu of
conviction
for a misdemeanor involving moral turpitude, or a case
where the
trial court issues an order of dismissal upon technical
or
procedural grounds of a charge of a misdemeanor involving moral
turpitude.
The report shall include the name and address of the
certificate holder, the nature of the offense for which the
action
was taken, and the certified court documents recording the
action.
Sec. 4731.223. (A) As used in this section, "prosecutor"
has
the same meaning as in section 2935.01 of the Revised Code.
(B) Whenever any person holding a valid certificate issued
pursuant to this chapter
pleads guilty to, is subject to a
judicial finding of guilt of, or
is subject to a judicial finding
of eligibility for
intervention in lieu of
conviction for a
violation of Chapter 2907., 2925., or 3719. of the
Revised Code
or
of any substantively comparable ordinance of a municipal
corporation or resolution of a township in connection with the
person's practice,
or for a
second or subsequent time pleads
guilty to, or is subject to a
judicial finding of guilt of, a
violation of section 2919.123 of
the Revised Code, the
prosecutor
in
the case, on forms prescribed
and provided by the state
medical
board, shall promptly notify the
board of the conviction or
guilty
plea. Within thirty days of
receipt of that
information, the board
shall initiate action in
accordance with Chapter 119. of the
Revised Code to determine
whether to suspend or revoke the
certificate under section 4731.22
of the Revised Code.
(C) The prosecutor in any case against any person holding
a
valid certificate issued pursuant to this chapter, on
forms
prescribed and provided by the state medical board, shall notify
the board of any of the following:
(1) A plea of guilty to, a finding of guilt by a jury
or
court of,
or judicial finding of eligibility for intervention in
lieu of conviction
for
a felony, or a case in which the trial
court issues an order of dismissal upon technical or procedural
grounds of a
felony charge;
(2) A plea of guilty to,
a finding of guilt by a jury
or
court of,
or judicial finding of eligibility for intervention in
lieu of conviction
for
a misdemeanor committed in the course of
practice, or a case
in which the trial court issues an order of
dismissal upon
technical
or procedural grounds of a charge of a
misdemeanor, if the
alleged act was committed in the course of
practice;
(3) A plea of guilty to, a finding of guilt by a jury
or
court of,
or judicial finding of eligibility for intervention in
lieu of conviction
for
a misdemeanor involving moral turpitude, or
a case
in which the trial court issues an order of dismissal upon
technical or
procedural grounds of a charge of a misdemeanor
involving moral
turpitude.
The report shall include the name and address of the
certificate holder, the nature of the offense for which the
action
was taken, and the certified court documents recording the
action.
Sec. 4760.15. (A) As used in this section, "prosecutor"
has
the same meaning as in section 2935.01 of the Revised Code.
(B) Whenever any person holding a valid certificate issued
pursuant to this chapter
pleads guilty to, is subject to a
judicial finding of guilt of, or
is subject to a judicial finding
of eligibility for intervention in lieu of
conviction for a
violation of Chapter 2907., 2925., or 3719.
of the Revised Code
or
of any substantively comparable ordinance of a municipal
corporation or resolution of a township in connection with the
person's practice, the
prosecutor in
the case, on forms prescribed
and provided by the state
medical board, shall promptly notify the
board of the conviction. Within
thirty days of receipt of that
information, the board
shall initiate action in accordance with
Chapter 119.
of the Revised Code to determine whether to suspend
or revoke the
certificate under section 4760.13 of the Revised
Code.
(C) The prosecutor in any case against any person holding
a
valid certificate of registration issued pursuant to this chapter,
on
forms prescribed and provided by the state medical board, shall
notify
the board of any of the following:
(1) A plea of guilty to, a finding of guilt by a jury
or
court of,
or judicial finding of eligibility for intervention in
lieu of conviction
for
a felony, or a case in which the trial
court issues an order of dismissal upon technical or procedural
grounds of a
felony charge;
(2) A plea of guilty to,
a finding of guilt by a jury
or
court of,
or judicial finding of eligibility for intervention in
lieu of conviction
for
a misdemeanor committed in the course of
practice, or a case
in which the trial court issues an order of
dismissal upon
technical
or procedural grounds of a charge of a
misdemeanor, if the
alleged act was committed in the course of
practice;
(3) A plea of guilty to, a finding of guilt by a jury
or
court of,
or judicial finding of eligibility for intervention in
lieu of conviction
for
a misdemeanor involving moral turpitude, or
a case
in which the trial court issues an order of dismissal upon
technical or
procedural grounds of a charge of a misdemeanor
involving moral
turpitude.
The report shall include the name and address of the
certificate holder, the nature of the offense for which the
action
was taken, and the certified court documents recording the
action.
Sec. 4762.15. (A) As used in this section, "prosecutor"
has
the same meaning as in section 2935.01 of the Revised Code.
(B) Whenever any person holding a valid certificate issued
pursuant to this chapter
pleads guilty to, is subject to a
judicial finding of guilt of, or
is subject to a judicial finding
of eligibility for intervention in lieu of
conviction for a
violation of Chapter 2907., 2925., or 3719.
of the Revised Code
or
of any substantively comparable ordinance of a municipal
corporation or resolution of a township in connection with the
person's practice, the
prosecutor in
the case, on forms prescribed
and provided by the state
medical board, shall promptly notify the
board of the conviction. Within
thirty days of receipt of that
information, the board
shall initiate action in accordance with
Chapter 119.
of the Revised Code to determine whether to suspend
or revoke the
certificate under section 4762.13 of the Revised
Code.
(C) The prosecutor in any case against any person holding
a
valid certificate issued pursuant to this chapter, on
forms
prescribed and provided by the state medical board, shall notify
the board of any of the following:
(1) A plea of guilty to, a finding of guilt by a jury
or
court of,
or judicial finding of eligibility for intervention in
lieu of conviction
for
a felony, or a case in which the trial
court issues an order of dismissal upon technical or procedural
grounds of a
felony charge;
(2) A plea of guilty to,
a finding of guilt by a jury
or
court of,
or judicial finding of eligibility for intervention in
lieu of conviction
for
a misdemeanor committed in the course of
practice, or a case
in which the trial court issues an order of
dismissal upon
technical
or procedural grounds of a charge of a
misdemeanor, if the
alleged act was committed in the course of
practice;
(3) A plea of guilty to, a finding of guilt by a jury
or
court of,
or judicial finding of eligibility for intervention in
lieu of conviction
for
a misdemeanor involving moral turpitude, or
a case
in which the trial court issues an order of dismissal upon
technical or
procedural grounds of a charge of a misdemeanor
involving moral
turpitude.
The report shall include the name and address of the
certificate holder, the nature of the offense for which the
action
was taken, and the certified court documents recording the
action.
Sec. 4999.06. No superintendent, trainmaster, or other
employee of a railroad
shall send or cause to be sent outside of
yard limits, a passenger train of
not
more than five or fewer
cars, any one of which carries passengers, with a crew
consisting
of less than one engineer, one fireman firefighter,
one conductor,
and one
brakeman brakeperson. If four of said the cars are day
coaches
carrying passengers, or if in
a
train of more than five
cars, three or more cars are day coaches carrying
passengers, of
or if in a train of more than six cars, four cars
carrying
passengers, or if in a train of more than seven cars, two or more
cars are
carrying passengers, of or if in any train, six or more
cars are carrying
passengers,
such the crew shall consist of at
least one additional brakeman
brakeperson, regularly
employed
as
such. When such the train consists of more than two cars, either
of which
carries passengers, no such superintendent, trainmaster,
or other employee
shall require a brakeman brakeperson to perform
the duties of
baggage master or express
agent. Whoever violates
this section shall be fined not less than twenty-five
dollars for
each offense.
For the purpose of this section, a combination mail or
baggage and passenger
car is a day coach, but straight dining cars
and private cars are not cars
carrying passengers.
This section does not apply to trains picking up a car
between terminals in
this state, or to cars propelled by
electricity.
Mayors Community court magistrates and county court judges
have jurisdiction under this section. The
public utilities
commission shall enforce this section.
Sec. 5104.09. (A)(1) Except as provided in rules adopted
pursuant to division (D) of this section:
(a) No individual who has been convicted
of or pleaded guilty
to a violation of section 2903.01, 2903.02,
2903.03, 2903.04,
2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.22, 2903.34,
2905.01, 2905.02, 2905.04, 2905.05, 2905.11,
2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08,
2907.09, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31,
2907.32,
2907.321, 2907.322,
2907.323, 2909.02, 2909.03, 2909.04,
2909.05,
2911.01, 2911.02,
2911.11, 2911.12, 2917.01, 2917.02,
2917.03,
2917.31, 2919.12,
2919.24, 2919.25, 2921.03, 2921.34,
2921.35,
2923.12, 2923.13,
2923.161, 2919.22, 2925.02,
2925.03, 2925.04,
2925.05, 2925.06, or
3716.11 of the Revised Code, a
violation of
section 2925.11 of the
Revised Code that is not a minor drug
possession offense, as
defined in section 2925.01 of the Revised
Code, felonious sexual
penetration in violation of former section
2907.12
of the Revised
Code, or a violation of an existing or
former
law or, ordinance of
any municipal corporation, resolution of any township, this state,
any other
state, or the United States that is substantially
equivalent to
any of those violations shall be certified as an
in-home aide or be
employed in any capacity in or own or operate a
child day-care
center, type A family day-care home, type B family
day-care home,
or certified type B family day-care home.
(b) No individual who has been convicted of or pleaded guilty
to a violation of section 2913.02, 2913.03, 2913.04, 2913.041,
2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33,
2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441,
2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 2921.13, or
2923.01 of the Revised Code, a violation of section 2923.02 or
2923.03 of the Revised Code that relates to a crime specified in
this division or division (A)(1)(a) of this section, a second
violation of section 4511.19 of the Revised Code within five years
of the date of operation of the child day-care center or family
day-care home, or two violations of section 4511.19 of the Revised
Code during operation of the center or home, or a violation of an
existing or former law of this state, any other state, or the
United States that is substantially equivalent to any of those
violations shall own or operate a child day-care center, type A
family day-care home, type B family day-care home, or certified
type B family day-care home.
(2) Each employee of a child day-care center and type A
home
and every person eighteen years of age or older residing in
a type
A home shall sign a statement on forms prescribed by the
director
of job and family services attesting to the fact that the
employee
or
resident person has not
been convicted of or pleaded guilty to
any offense set forth in
division (A)(1)(a) of this section and
that
no child has been
removed from the employee's or resident
person's
home pursuant to
section 2151.353 of the Revised
Code.
Each
licensee of a type A home shall sign a statement on a
form
prescribed by the director attesting to the fact that no
person
who resides at the type A home and who is under the age
of
eighteen has been adjudicated a delinquent child for
committing a
violation of any section listed in division (A)(1)(a)
of this
section. The statements shall be kept on file at the
center or
type A home.
(3) Each in-home aide and every
person eighteen years of age
or older residing in a certified
type
B home shall sign a
statement on forms prescribed by the
director
of job and family
services attesting that the aide
or
resident person has not been
convicted of or pleaded guilty to any
offense set forth in
division (A)(1)(a) of this section and that no
child has been
removed from the aide's or resident
person's home
pursuant to
section 2151.353 of the Revised
Code. Each authorized provider
shall sign a statement on forms prescribed by the director
attesting that the provider has not been convicted of or pleaded
guilty to any offense set forth in division (A)(1)(a) or (b) of
this section and that no child has been removed from the
provider's home pursuant to section 2151.353 of the Revised Code.
Each authorized provider shall sign a statement on a form
prescribed by the director attesting to the fact that no person
who resides at the certified type B home and who is under the age
of eighteen has been adjudicated a delinquent child for
committing
a violation of any section listed in division (A)(1)(a) of this
section. The statements shall be kept on file at the
county
department of job and family services.
(4) Each administrator and licensee of a center or type A
home shall sign a statement on a form prescribed by the director
of
job and family services attesting that the
administrator or
licensee has not been convicted of or
pleaded guilty to any
offense set forth in division (A)(1)(a) or (b) of
this section and
that no
child has been removed from the
administrator's or
licensee's home
pursuant to section 2151.353 of the Revised Code.
The statement
shall be kept on file at the center or type A home.
(B) No in-home aide, no administrator, licensee,
authorized
provider, or employee of a center, type A home, or
certified type
B home, and no person eighteen years of age or
older
residing in a
type A home or certified type B home shall withhold
information
from, or falsify information on, any statement
required pursuant
to division (A)(2), (3), or (4) of this
section.
(C) No administrator, licensee, or child-care staff member
shall discriminate in the enrollment of children in a child
day-care center upon the basis of race, color, religion, sex, or
national origin.
(D) The director of job and family services shall adopt rules
pursuant to Chapter 119. of the Revised Code to implement this
section, including rules specifying exceptions to the prohibition
in division (A)(1) of this section for persons who have been
convicted of an offense listed in that division but meet
rehabilitation standards set by the department.
Sec. 5123.081. (A) As used in this section:
(1) "Applicant" means a person who is under final
consideration
for appointment to or employment with the department
of mental
retardation and developmental disabilities, including,
but not limited to, a
person who is being transferred to the
department and an employee who is being
recalled or reemployed
after a layoff.
(2) "Criminal records check" has the same meaning as in
section
109.572 of the Revised Code.
(3) "Minor drug possession offense" has the same meaning as
in
section 2925.01 of the Revised Code.
(B) The director of mental retardation and developmental
disabilities shall request the superintendent of the bureau of
criminal
identification and investigation to conduct a criminal
records check with respect to each applicant, except that the
director is not required to request a criminal records check for
an employee of the department who is being considered for a
different position or is returning after a leave of absence or
seasonal break in employment, as long as the director has no
reason to believe that the employee has committed any of the
offenses
listed or described in division (E) of this section.
If the applicant does not present proof that the applicant
has
been a resident of this state for the five-year period
immediately
prior to the date upon which the criminal records
check is
requested, the director shall request that the
superintendent of
the bureau obtain information from the federal
bureau of
investigation as a part of the criminal records check
for the
applicant. If the applicant presents proof that the
applicant has
been a resident of this state for that five-year
period, the
director may request that the superintendent of the
bureau include
information from the federal bureau of
investigation in the
criminal records check. For purposes of this
division, an
applicant may provide proof of residency in this
state by
presenting, with a notarized statement asserting that the
applicant has been a resident of this state for that five-year
period, a valid driver's license, notification of registration as
an elector, a copy of an officially filed federal or state tax
form identifying the applicant's permanent residence, or any other
document the director considers acceptable.
(C) The director shall provide to each applicant a copy of
the
form prescribed pursuant to division (C)(1) of section 109.572
of
the Revised Code, provide to each applicant a standard
impression sheet to
obtain fingerprint impressions prescribed
pursuant to division (C)(2)
of section 109.572 of the Revised
Code, obtain the
completed form and
impression sheet from each
applicant, and forward the
completed form and
impression sheet to
the superintendent of the bureau of criminal
identification and
investigation at the time the criminal records check
is requested.
Any applicant who receives pursuant to this division a copy
of the
form prescribed pursuant to division (C)(1) of section
109.572 of
the Revised Code and a copy of an impression sheet
prescribed
pursuant to division (C)(2) of that section and who is
requested to complete the form and provide a set of fingerprint
impressions
shall complete the form
or provide all the information
necessary to complete the form and shall
provide the material with
the impressions of the applicant's fingerprints. If an applicant,
upon request, fails to provide the information necessary to
complete the form or fails to provide impressions of the
applicant's fingerprints, the director shall not employ the
applicant.
(D) The director may request any other state or federal
agency to
supply the director with a written report regarding the
criminal record of each applicant. With regard to an applicant who
becomes a department employee, if the employee holds an
occupational or professional license or other credentials, the
director may request that the state or federal agency that
regulates the employee's occupation or profession supply the
director with a written report of any information pertaining to
the employee's criminal record that the agency obtains in the
course of conducting an investigation or in the process of
renewing the employee's license or other credentials.
(E) Except as provided in division (K)(2) of this section and
in
rules adopted by the director in accordance with division (M)
of
this section, the director shall not employ a person to fill a
position with the department who has been convicted of or pleaded
guilty to any of the following:
(1) A violation of section 2903.01, 2903.02, 2903.03,
2903.04,
2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2903.341, 2905.01, 2905.02,
2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08,
2907.09, 2907.21, 2907.22,
2907.23, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323,
2911.01, 2911.02, 2911.11, 2911.12,
2919.12, 2919.22, 2919.24,
2919.25, 2923.12, 2923.13, 2923.161,
2925.02, 2925.03, 2925.04,
2925.05, 2925.06, or 3716.11 of the
Revised
Code, a violation of
section 2905.04 of
the Revised Code as it existed prior to July 1,
1996, a violation of section 2919.23 of the Revised Code
that
would have been a violation of section 2905.04 of the Revised
Code
as it
existed prior to July 1, 1996, had the violation occurred
prior to
that date, a violation of section 2925.11 of the Revised
Code that
is not a minor drug possession offense, or felonious
sexual penetration
in violation of former section 2907.12 of the
Revised
Code;
(2) A felony contained in the Revised Code that is not
listed
in
this division, if the felony bears a direct and substantial
relationship
to the duties and responsibilities of the position
being filled;
(3) Any offense contained in the
Revised Code constituting a
misdemeanor of the first degree
on the first offense and a felony
on a subsequent offense, if the offense
bears a direct and
substantial relationship to the position being filled and
the
nature of the services being provided by the department;
(4) A violation of an existing or former municipal ordinance,
township resolution, or
law of this state, any other state, or the
United States, if
the offense is substantially equivalent to any
of the offenses listed or
described in division (E)(1), (2), or
(3) of this section.
(F) Prior to employing an applicant, the director shall
require
the applicant to submit a statement with the applicant's
signature attesting
that the applicant has not been convicted of
or
pleaded guilty to any of the offenses listed or described in
division
(E) of
this section. The director also shall require the
applicant to sign an
agreement under which the
applicant agrees to
notify the director within fourteen calendar days if,
while
employed with the department,
the applicant is ever
formally
charged with, convicted of, or pleads guilty to any of the
offenses
listed or described in
division (E) of this section. The
agreement shall inform the
applicant that failure to report formal
charges, a conviction, or a guilty
plea may result in
being
dismissed from employment.
(G) The director shall pay to the bureau of criminal
identification and investigation the fee prescribed pursuant to
division
(C)(3) of section 109.572 of the Revised Code for each
criminal records check requested and conducted pursuant to this
section.
(H)(1) Any report obtained pursuant to this section is not a
public record for purposes of section 149.43 of the Revised Code
and shall not be made available to any person, other than the
applicant who is the subject of the records check or criminal
records
check or the applicant's representative, the department or
its
representative, a county board of mental retardation and
developmental disabilities, and any court, hearing officer, or
other necessary individual involved in a case dealing with the
denial of employment to the applicant or the denial, suspension,
or revocation of a certificate or evidence of registration
under
section 5123.082 of the Revised Code.
(2) An individual for whom the director has obtained reports
under this section may submit a written request to the director to
have
copies of the reports sent to any state agency, entity of
local
government, or private entity. The individual shall specify
in
the request the agencies or entities to which the copies are to
be sent. On
receiving the request, the director shall send copies
of the
reports to the agencies or entities specified.
The director may request that a state agency, entity of local
government, or private entity send copies to the director of any
report
regarding a records check or criminal records check that
the agency or entity
possesses, if the director obtains the
written consent of the
individual who is the subject of the
report.
(I) The director shall request the registrar of motor
vehicles to
supply the director with a certified abstract
regarding the record of
convictions for violations of motor
vehicle laws of each
applicant who will be required by the
applicant's employment to
transport individuals with mental
retardation or a developmental
disability or
to operate the
department's vehicles for any other purpose. For each abstract
provided under this section, the director shall pay the amount
specified in section 4509.05 of the Revised Code.
(J) The director shall provide each applicant with a copy of
any
report or abstract obtained about the applicant under this
section.
(K)(1) The director shall inform each person, at the time of
the
person's initial application for employment, that the person
is required to
provide a set of impressions of the person's
fingerprints and that a criminal records check is required to be
conducted and satisfactorily completed in accordance with section
109.572 of the Revised Code if the person comes under final
consideration for employment as a precondition to employment in a
position.
(2) The director may employ an applicant pending receipt of
reports requested under this section. The director shall
terminate
employment of any such applicant if it is determined
from the
reports that the applicant failed to inform the director
that the
applicant had been convicted of or pleaded guilty to any
of the
offenses listed or described in division (E) of this
section.
(L) The director may charge an applicant a fee for costs the
director incurs in obtaining reports, abstracts, or fingerprint
impressions under this section. A fee charged under this
division
shall not exceed the amount of the fees the director pays under
divisions (G) and (I) of this section. If a fee is charged under
this division, the director shall notify the applicant of the
amount of the
fee at the time of the applicant's initial
application
for employment and that, unless the fee is paid, the
director will
not consider the applicant for employment.
(M) The director shall adopt rules in accordance with
Chapter
119. of the Revised Code to implement this
section, including
rules specifying circumstances under which the director may
employ
a person who has been convicted of or pleaded guilty to an offense
listed or described
in division (E) of this section but who meets
standards in regard
to rehabilitation set by the director.
Sec. 5126.28. (A) As used in this section:
(1) "Applicant" means a person who is under final
consideration for appointment to or employment in a position with
a
county board of mental retardation and developmental
disabilities, including, but not limited to, a person who is being
transferred to the county board and an employee who is being
recalled or
reemployed after a layoff.
(2) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(3) "Minor drug possession offense" has the same meaning as
in section
2925.01 of the Revised Code.
(B) The superintendent of a county board of mental
retardation and developmental disabilities shall request the
superintendent of the bureau of criminal identification and
investigation to conduct a criminal records check with respect to
any applicant who has applied to the board for employment in any
position, except that a county board superintendent is not
required
to request a criminal records check for an employee of
the board who is
being considered for a different position or is
returning after
a leave of absence or seasonal break in
employment, as long as the
superintendent has no reason to believe
that the employee has committed any of
the offenses listed or
described in division (E) of this
section.
If the applicant does not present proof that the
applicant
has been a resident of this state for the five-year
period
immediately prior to the date upon which the criminal
records
check is requested, the county board superintendent shall
request
that the superintendent of the bureau obtain information
from the
federal bureau of investigation as a part of the
criminal records
check for the applicant. If the applicant
presents proof that the
applicant has been a resident of this
state for that five-year
period, the county board superintendent
may request that the
superintendent of the bureau include
information from the federal
bureau of investigation in the
criminal records check. For
purposes of this division, an
applicant may provide proof of
residency in this state by
presenting, with a notarized statement
asserting that the
applicant has been a resident of this state for
that five-year
period, a valid driver's license, notification of
registration as
an elector, a copy of an officially filed federal
or state tax
form identifying the applicant's permanent residence,
or any
other document the superintendent considers acceptable.
(C) The county board superintendent shall provide to each
applicant a copy of the form prescribed pursuant to division
(C)(1) of section 109.572 of the Revised Code, provide to each
applicant a standard impression sheet to obtain fingerprint
impressions prescribed pursuant to division (C)(2) of section
109.572 of the Revised Code, obtain the completed form and
impression sheet from each applicant, and forward the completed
form and impression sheet to the superintendent of the bureau of
criminal identification and investigation at the time the
criminal
records check is requested.
Any applicant who receives pursuant to this division a copy
of the form prescribed pursuant to division (C)(1) of section
109.572 of the Revised Code and a copy of an impression sheet
prescribed pursuant to division (C)(2) of that section and who is
requested to complete the form and provide a set of fingerprint
impressions shall complete the form or provide all the
information
necessary to complete the form and shall provide the
impression
sheet with the impressions of the applicant's fingerprints. If an
applicant, upon request, fails to provide the information
necessary to complete the form or fails to provide impressions of
the applicant's fingerprints, the county board superintendent
shall not
employ that applicant.
(D) A county board superintendent may request any other
state
or federal agency to supply the board with a written
report
regarding the criminal record of each applicant. With regard to an
applicant who becomes a board employee, if the employee
holds an
occupational or professional license or other credentials, the
superintendent may request that the state or federal agency that
regulates the
employee's occupation or profession supply the board
with a written report of
any information pertaining to the
employee's criminal record that the agency
obtains in the course
of conducting an investigation or in the process of
renewing the
employee's license or other credentials.
(E) Except as provided in division (K)(2) of this section
and
in rules adopted by the department of mental retardation and
developmental disabilities in accordance with division (M) of
this
section, no county board of mental retardation and
developmental
disabilities shall employ a person to fill a
position with the
board who has been convicted of or pleaded
guilty to any of the
following:
(1) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2903.341, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21,
2907.22,
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323,
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24,
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04,
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of
section 2905.04 of the Revised Code as it existed prior to July 1,
1996, a
violation of section 2919.23 of the Revised Code that
would have been a
violation of section 2905.04 of the Revised Code
as it existed prior to July
1, 1996, had the violation occurred
prior to that date, a violation of
section 2925.11 of the Revised
Code that is not a minor drug possession
offense, or felonious
sexual penetration in violation of former
section 2907.12 of the
Revised Code;
(2) A felony contained in the Revised Code that is not
listed
in this division, if the felony bears a direct and
substantial
relationship to the duties and responsibilities of
the position
being filled;
(3) Any offense contained in the
Revised Code constituting a
misdemeanor of the first degree
on the first offense and a felony
on a subsequent offense, if the offense
bears a direct and
substantial relationship to the position being filled and
the
nature of the services being provided by the county board;
(4) A violation of an existing or former municipal ordinance,
township resolution, or law of this
state, any other state, or the
United States, if the offense is
substantially equivalent to any
of the offenses listed or described in
division (E)(1), (2), or
(3) of this section.
(F) Prior to employing an applicant, the county board
superintendent shall require the applicant to submit a statement
with the applicant's signature attesting that the applicant has
not been
convicted of or pleaded guilty to any of the offenses
listed or described in
division
(E) of this section. The
superintendent also shall require the applicant
to sign an
agreement
under which the applicant agrees to notify the
superintendent within fourteen
calendar days if, while
employed by
the board, the applicant is ever formally charged with, convicted
of, or pleads guilty to any of the
offenses listed or described in
division
(E) of this section. The agreement shall
inform the
applicant that failure to report formal charges, a conviction, or
a
guilty plea may result in being
dismissed from employment.
(G) A county board of mental retardation and
developmental
disabilities shall pay to the bureau of criminal
identification
and investigation the fee prescribed pursuant to
division (C)(3)
of section 109.572 of the Revised Code for each
criminal records
check requested and conducted pursuant to this
section.
(H)(1) Any report obtained pursuant to this section is not
a
public record for purposes of section 149.43 of the Revised
Code
and shall not be made available to any person, other than
the
applicant who is the subject of the records check or criminal
records check or the applicant's representative, the board
requesting
the records check or criminal records check or its
representative, the department of mental
retardation and
developmental disabilities,
and any court, hearing officer, or
other
necessary individual involved in a case dealing with the
denial
of employment to the applicant or the denial, suspension,
or
revocation of a certificate or evidence of registration under
section 5126.25 of the Revised Code.
(2) An individual for whom a county board superintendent
has
obtained reports under this section may submit a written request
to the
county board to have copies of the
reports sent to any
state agency, entity of local government, or
private entity. The
individual shall specify in the request the agencies or
entities
to which the copies are to be sent. On receiving the
request, the
county board shall send copies of the reports to the
agencies or
entities specified.
A county board may request that a state agency, entity of
local government, or private entity send copies to the board of
any report regarding a records check or criminal records check
that the agency or entity possesses, if the county board obtains
the
written consent of the individual who is the subject of the
report.
(I) Each county board superintendent shall request the
registrar of motor vehicles to supply the superintendent with a
certified
abstract regarding the record of convictions for
violations of
motor vehicle laws of each applicant who will be
required by the applicant's
employment to transport individuals
with mental retardation or
developmental disabilities or to
operate the board's vehicles for
any other purpose. For each
abstract provided under this
section, the board shall pay the
amount specified in section
4509.05 of the Revised Code.
(J) The county board superintendent shall provide each
applicant with a copy of any report or abstract obtained about
the
applicant under this section. At the request of the director of
mental
retardation and developmental disabilities, the
superintendent also shall
provide
the director with a copy of a
report or abstract obtained
under this section.
(K)(1) The county board superintendent shall inform each
person, at the time of the person's initial application for
employment,
that the person is required to provide a set of
impressions of the person's
fingerprints and that a criminal
records check is required to be
conducted and satisfactorily
completed in accordance with section
109.572 of the Revised Code
if the person comes under final consideration
for appointment or
employment as a precondition to employment
in a position.
(2) A board may employ an applicant
pending receipt of
reports requested under this section. The
board shall terminate
employment of any such applicant if it is
determined from the
reports that the applicant failed to inform the county
board that
the applicant had been convicted of or pleaded guilty to any of
the offenses listed or described in division (E) of this section.
(L) The board may charge an applicant a fee for costs it
incurs in obtaining reports, abstracts, or fingerprint
impressions
under this section. A fee charged under this
division shall not
exceed the amount of the fees the board pays
under divisions (G)
and (I) of this section. If a fee is charged
under this division,
the board shall notify the applicant of the
amount of the fee at
the time of the applicant's initial application for
employment and
that, unless the fee is paid, the board will
not consider the
applicant for employment.
(M) The department of mental retardation and developmental
disabilities shall adopt rules pursuant to Chapter 119. of the
Revised Code to implement this section and section 5126.281 of
the
Revised Code, including rules specifying circumstances under
which
a county board or contracting entity may hire a person who
has
been convicted of or pleaded guilty to an offense listed or
described in
division (E) of
this section but who meets standards
in regard to rehabilitation set
by the department. The rules may
not authorize a county board or
contracting entity to hire an
individual who is included in the registry
established under
section 5123.52 of the Revised Code.
Sec. 5309.54. Whenever any transcript from the docket of a
judge of a county
court or mayor, magistrate of a community court,
or other officer or tribunal which that may render judgments, is
filed in the office of the clerk of the court of common pleas for
a lien, the
party, or his the party's agent or attorney, filing
such
the transcript shall notify the clerk
whether the land upon
which the lien is sought is registered. If such the land is
registered, in addition to the fee required for such filing, such
the party shall
pay such the clerk's fee for a certificate which
that the clerk shall thereupon issue
to
such the party under such
the clerk's hand and the seal of the court of common pleas
stating
the number of the case, parties, date of the judgment, amount of
judgment, and costs, and the exact time when filed in his the
clerk's office, and the
volume and page where entered. The party
receiving such the certificate shall
file
it with the county
recorder, who shall make notation of the filing and enter a
memorial thereof on the last registered certificate of title for
such the land.
No
lien shall attach to any registered land under
such the transcript until such
the certificate is filed with the
recorder and noted by him the
recorder.
Sec. 5321.05. (A) A tenant who is a party to a rental
agreement shall do all of the following:
(1) Keep that part of the premises that he the tenant
occupies
and
uses safe and sanitary;
(2) Dispose of all rubbish, garbage, and other waste in a
clean, safe, and sanitary manner;
(3) Keep all plumbing fixtures in the dwelling unit or
used
by him the tenant as clean as their condition permits;
(4) Use and operate all electrical and plumbing fixtures
properly;
(5) Comply with the requirements imposed on tenants by all
applicable state and local housing, health, and safety codes;
(6) Personally refrain and forbid any other person who is
on
the premises with his the tenant's permission from
intentionally
or
negligently destroying, defacing, damaging, or removing any
fixture, appliance, or other part of the premises;
(7) Maintain in good working order and condition any
range,
regrigerator refrigerator, washer, dryer, dishwasher, or
other
appliances supplied by the landlord and required to be
maintained
by the tenant under the terms and conditions of a
written rental
agreement;
(8) Conduct himself self and require other persons on the
premises with his the tenant's consent to conduct themselves in
a
manner that
will not disturb his the tenant's neighbors' peaceful
enjoyment
of the premises;
(9) Conduct himself self, and require persons in his
the
tenant's household and persons on the premises with his
the
tenant's consent to conduct themselves, in connection with the
premises so as not to violate the prohibitions contained in
Chapters 2925. and
3719. of the
Revised Code, or in municipal
ordinances or township resolutions that are substantially
similar
to any section in either of those chapters, which relate
to
controlled substances.
(B) The tenant shall not unreasonably withhold consent for
the landlord to enter into the dwelling unit in order to inspect
the premises, make ordinary, necessary, or agreed repairs,
decorations, alterations, or improvements, deliver parcels that
are too large for the tenant's mail facilities, supply necessary
or agreed services, or exhibit the dwelling unit to prospective
or
actual purchasers, mortgagees, tenants, workmen workers, or
contractors.
(C)(1) If the tenant violates any provision of this
section,
other than division (A)(9) of this section, the landlord
may
recover any actual damages that result from the violation
together
with reasonable attorney's fees. This remedy is in
addition to any
right of the landlord to terminate the rental
agreement, to
maintain an action for the possession of the
premises, or to
obtain injunctive relief to compel access under
division (B) of
this section.
(2) If the tenant violates division (A)(9) of this section
and if the landlord has actual knowledge of or has reasonable
cause to believe that the tenant, any person in the tenant's
household, or any person on the premises with the consent of the
tenant previously has or presently is engaged in a violation as
described in division (A)(6)(a)(i) of section 1923.02 of the
Revised Code, whether or not the tenant or other person has been
charged with, has pleaded guilty to or been convicted of, or has
been determined to be a delinquent child for an act that, if
committed by an adult, would be a violation as described in that
division, then the landlord promptly shall give the notice
required by division (C) of section 5321.17 of the Revised Code.
If the tenant fails to vacate the premises within three days
after
the giving of that notice, then the landlord promptly shall
comply
with division (A)(9) of section 5321.04 of the Revised
Code. For
purposes of this division, actual knowledge or
reasonable cause to
believe as described in this division shall
be determined in
accordance with division (A)(6)(a)(i) of section
1923.02 of the
Revised Code.
Sec. 5502.61. As used in sections 5502.61 to 5502.66 of the
Revised Code:
(A)
"Federal criminal justice acts" means any federal law
that authorizes financial assistance and other forms of
assistance
to be given by the federal government to the states to
be used for
the improvement of the criminal and juvenile justice
systems of
the states.
(B)(1)
"Criminal justice system" includes all of the
functions of the following:
(a) The state highway patrol, county sheriff offices,
municipal and township police departments, and all other law
enforcement agencies;
(b) The courts of appeals, courts of common pleas,
municipal
courts, county courts, and mayor's community courts, when dealing
with
criminal cases;
(c) The prosecuting attorneys, city directors of law,
village
solicitors, and other prosecuting authorities when
prosecuting or
otherwise handling criminal cases, and the county
and joint county
public defenders and other public defender
agencies or offices;
(d) The department of rehabilitation and correction,
probation departments, county and municipal jails and workhouses,
and any other department, agency, or facility that is concerned
with the rehabilitation or correction of criminal offenders;
(e) Any public or private agency whose purposes include
the
prevention of crime or the diversion, adjudication,
detention, or
rehabilitation of criminal offenders;
(f) Any public or private agency, the purposes of which
include assistance to crime victims or witnesses.
(2) The inclusion of any public or private agency, the
purposes of which include assistance to crime victims or
witnesses, as part of the criminal justice system pursuant to
division (B)(1) of this section does not limit, and shall not be
construed as limiting, the discretion or authority of the
attorney
general with respect to crime victim assistance and
criminal
justice programs.
(C)
"Juvenile justice system" includes all of the
functions
of the juvenile courts, the department of youth
services, any
public or private agency whose purposes include the
prevention of
delinquency or the diversion, adjudication,
detention, or
rehabilitation of delinquent children, and any of
the functions of
the criminal justice system that are applicable
to children.
(D)
"Comprehensive plan" means a document that
coordinates,
evaluates, and otherwise assists, on an annual or
multi-year
basis,
any of the functions of the criminal and
juvenile
justice
systems of the state or a specified area of the
state,
that
conforms to the priorities of the state with respect
to
criminal
and juvenile justice systems, and that conforms with
the
requirements of all federal criminal justice acts. These
functions
may include, but are not limited to,
any of the
following:
(1) Crime and delinquency prevention;
(2) Identification, detection, apprehension, and detention
of
persons charged with criminal offenses or delinquent acts;
(3) Assistance to crime victims or witnesses, except that
the
comprehensive plan does not include the functions of the
attorney
general pursuant to sections 109.91 and 109.92 of the
Revised
Code;
(4) Adjudication or diversion of persons charged with
criminal offenses or delinquent acts;
(5) Custodial treatment of criminal offenders,
delinquent
children, or both;
(6) Institutional and noninstitutional rehabilitation of
criminal offenders, delinquent children, or both.
(E)
"Metropolitan county criminal justice services agency"
means an agency that is established pursuant to division (A) of
section 5502.64 of the Revised Code.
(F)
"Administrative planning district" means a district
that
is established pursuant to division (A)
or (B) of section 5502.66
of
the Revised Code.
(G)
"Criminal justice coordinating council" means a
criminal
justice services agency that is established pursuant to
division
(D) of section 5502.66 of the Revised Code.
(H)
"Local elected official" means any person who is a
member
of a board of county commissioners or township trustees or
of a
city or village council, judge of the court of common pleas,
a
municipal court, or a county court, sheriff, county coroner,
prosecuting attorney, city director of law, village solicitor, or
mayor.
(I)
"Juvenile justice coordinating council" means a juvenile
justice services agency that is established pursuant to division
(D) of section 5502.66 of the Revised Code.
(J) "Mcgruff house program" means a program in which
individuals or families volunteer to have their homes or other
buildings serve as places of temporary refuge for children and to
display the mcgruff house symbol identifying the home or building
as that type of place.
(K) "Mcgruff house symbol" means the symbol that is
characterized by the image of "mcgruff," the crime dog, and the
slogan "take a bite out of crime," and that has been adopted by
the national crime prevention council as the symbol of its
national citizens' crime prevention campaign.
(L) "Sponsoring agency" means any of the following:
(1) The board of education of any city, local, or exempted
village school district;
(2) The governing board of any educational service center;
(3) The governing authority of any chartered nonpublic
school;
(4) The police department of any municipal corporation,
township, township police district, or joint township police
district;
(5) The office of any township constable or county sheriff.
Sec. 5503.04. Forty-five Subject to division (F)(2) of
section 1901.31 of the Revised Code, forty-five per cent of the
fines collected
from or moneys arising
from bail forfeited by
persons apprehended or arrested by state
highway patrol troopers
shall be paid into
the state treasury to be credited to the
general revenue fund, five per
cent shall be paid into the state
treasury to be credited to the trauma and
emergency medical
services grants fund created by division (E) of
section 4513.263
of the Revised Code, and fifty per cent
shall be paid into the
treasury of
the municipal corporation where the case is
prosecuted, if in a
mayor's community court. If the prosecution is
in a trial court outside a
municipal corporation, or outside the
territorial jurisdiction of
a municipal court, the fifty per cent
of the fines and moneys that
is not paid into the state treasury
shall be paid into the
treasury of the county where the case
is
prosecuted. The fines and moneys paid into a county treasury and
the
fines and moneys paid into the treasury of a municipal
corporation shall be deposited one-half to the same fund and
expended in the same manner as is the revenue received from the
registration of motor vehicles, and one-half to the general fund
of such county or municipal corporation.
If the prosecution is in a municipal court, forty-five per
cent of the fines and moneys shall be paid into the state
treasury
to be credited to the general revenue fund, five per cent shall be
paid into the state treasury to be credited to the trauma and
emergency
medical services grants fund created by division (E) of
section
4513.263 of the Revised Code, ten per cent
shall be paid
into the county treasury to be credited to the
general fund of the
county, and forty per cent shall
be paid
into the municipal
treasury to be credited to the general fund of
the municipal
corporation. In the Auglaize county, Clermont
county, Crawford
county, Hocking county, Jackson county, Lawrence
county, Madison
county, Miami county, Ottawa county, Portage
county, and Wayne
county municipal courts, that portion of money
otherwise paid into
the municipal treasury shall be paid into the
county treasury.
The trial court shall make remittance of the fines and
moneys
as prescribed in this section, and at the same time as the
remittance is made of the state's portion to the state treasury,
the trial court shall notify the superintendent of the state
highway patrol of the case and the amount covered by the
remittance.
This section does not apply to fines for violations of
division (B) of section 4513.263 of the Revised Code, or for
violations of any municipal ordinance or township resolution that
is substantively
comparable to that division, all of which,
subject to division
(F)(2) of section 1901.31 of the Revised
Code, shall be delivered
to
the treasurer of state as provided in
division (E) of section
4513.263 of the Revised Code.
Section 2. That existing sections 109.42, 109.572, 109.60,
120.03, 120.14, 120.15, 120.16, 120.18, 120.24, 120.25, 120.26,
120.28, 120.33, 120.36, 309.08, 341.23, 341.33, 503.44, 503.46,
504.04,
504.05, 504.06, 504.08, 504.15, 705.14, 705.55, 733.40,
733.44,
733.51, 733.52, 743.14, 753.02, 753.021, 753.04, 753.08,
925.31,
955.99, 1901.021,
1901.024, 1901.026, 1901.04, 1901.08,
1901.11,
1901.181, 1901.31,
1905.29, 1907.012, 1923.01, 1923.02,
1923.10,
2152.021, 2152.03, 2152.16, 2152.18, 2152.21, 2152.41,
2325.15,
2335.06, 2335.08, 2335.09, 2743.51, 2743.60, 2743.70,
2901.01,
2903.04, 2903.06, 2903.08, 2903.212, 2903.213, 2903.214,
2907.24,
2907.27, 2907.28, 2907.41, 2913.01, 2915.01, 2917.11,
2917.41,
2919.25, 2919.251, 2919.26, 2919.271, 2921.25, 2921.51,
2921.52,
2929.142, 2929.21, 2930.01, 2931.01,
2933.02, 2933.03,
2933.04,
2933.05, 2933.06,
2933.10, 2935.01, 2935.03, 2935.13,
2935.14,
2935.17, 2935.27, 2935.33, 2935.36, 2937.08, 2937.221,
2937.23,
2937.46, 2937.99, 2938.02, 2938.04, 2941.51, 2945.17,
2947.23,
2949.02, 2950.01, 2951.041, 2953.02, 2953.03, 2953.07,
2953.09,
2953.31, 2953.36, 3113.31, 3301.88, 3313.662, 3319.20,
3319.31,
3327.10, 3345.23,
3375.50, 3375.51, 3397.41, 3397.43,
4112.02,
4113.52, 4301.252, 4501.11, 4503.13, 4503.233, 4503.234,
4506.07,
4506.15, 4506.18, 4507.02, 4507.06, 4507.091, 4507.164,
4509.33,
4509.35, 4510.01, 4510.03, 4510.031, 4510.032, 4510.034,
4510.036,
4510.038, 4510.04, 4510.05, 4510.07, 4510.11, 4510.12,
4510.13,
4510.14, 4510.15, 4510.16, 4510.161, 4510.17, 4510.22,
4510.31,
4510.41, 4510.43, 4510.53, 4510.54, 4511.01, 4511.181,
4511.19,
4511.191, 4511.192, 4511.193, 4511.194, 4511.195,
4511.196,
4511.197, 4511.203, 4511.211, 4511.512, 4511.63,
4511.69, 4511.75,
4511.76, 4511.761, 4511.762, 4511.764, 4511.77,
4511.79, 4511.81,
4513.263, 4513.35, 4513.37, 4521.01, 4549.17,
4730.31, 4731.223,
4760.15, 4762.15, 4999.06, 5104.09, 5123.081,
5126.28, 5309.54, 5321.05, 5502.61, and 5503.04 and sections
1905.01,
1905.02, 1905.03, 1905.031, 1905.032, 1905.033, 1905.04,
1905.05,
1905.08, 1905.17, 1905.20, 1905.201, 1905.21, 1905.22,
1905.23,
1905.24, 1905.25, 1905.26, 1905.28, 1905.30, 1905.31,
1905.32,
1905.34, 1905.35, 1905.36, 1905.37, 2933.07, 2933.08,
and
2933.09of the Revised Code are hereby repealed.
Section 3. Sections 1 and 2 of this act, except for sections
1905.41 and 1905.42 of the Revised Code, shall take effect on
January 1, 2009.
Section 4. (A) Effective January 1, 2009, all mayor's courts
are abolished.
(B) All causes, executions, and other proceedings pending in
a mayor's court at the close of business on December 31, 2008,
shall be transferred to and proceed in the appropriate municipal
court, county court, or community court pursuant to sections
1905.41 and 1905.42 of the Revised Code on January 1, 2009, as if
originally instituted in that court. Parties to those causes,
executions, and proceedings may make any amendments to their
pleadings that are required to conform them to the rules of
transferee court. The clerk or other custodian of each mayor's
court shall transfer to the appropriate municipal, county, or
community court all pleadings, orders, entries, dockets, bonds,
papers, records, books, exhibits, files, moneys, property, and
persons that belong to, are in the possession of, or are subject
to the jurisdiction of the mayor's court, or any officer of that
court, at the close of business on December 31, 2008, and that
pertain to those causes, executions, and proceedings.
Section 5. Section 1923.01 of the Revised Code as amended by
both Sub.
H.B. 56 and Am. Sub. S.B. 10 of the
127th General
Assembly.
Section 1923.02 of the Revised Code as amended by both Sub.
H.B. 56 and Am.
Sub. S.B. 10 of the
127th General Assembly.
Section 2921.51 of
the Revised Code as amended by
both Sub.
H.B. 259 and Sub. S.B. 281 of
the
126th General
Assembly.
Section 2935.01 of the Revised Code as amended by
both Sub.
H.B. 545 and H.B. 675 of
the 124th General Assembly.
Section 2935.36 of the Revised Code as amended by
both Am.
Sub. H.B. 95 and
Am. Sub. S.B. 5 of
the 125th General
Assembly.
Section 2937.23 of
the Revised Code as amended by both
Sub.
H.B. 202 and Am. S.B. 142 of the
123rd General Assembly.
Section 2953.07 of the Revised Code as amended by
both Am.
Sub. S.B. 2 and Am. Sub. S.B. 4 of
the 121st General
Assembly.
Section 4503.13 of the Revised Code as amended by Am. Sub.
H.B. 490 of the
124th General Assembly and Am. Sub. H.B. 230 of
the 125th General
Assembly.
Sections 4503.233, 4503.234, and 4510.41 of the Revised
Code
as
amended by both Sub.
H.B. 241 and Am. Sub. H.B. 461 of
the
126th
General Assembly. The
General Assembly, applying the
principle
stated in division (B) of
section 1.52 of the Revised
Code that
amendments are to be
harmonized if reasonably capable
of
simultaneous operation, finds
that the composites are the
resulting
versions of the sections in
effect prior to the
effective date of
the sections as presented in
this act.